xt74f47gtm42 https://exploreuk.uky.edu/dips/xt74f47gtm42/data/mets.xml Kentucky. Department of Education. Kentucky Kentucky. Department of Education. 1938-04 volumes: illustrations 23-28 cm. call numbers 17-ED83 2 and L152 .B35. bulletins English Frankford, Ky. : Dept. of Education This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Educational Bulletin (Frankfort, Ky.) Education -- Kentucky Educational Bulletin (Frankfort, Ky.), "Supplement to Kentucky Common School Laws", vol. VI, no. 2, April 1938 text Educational Bulletin (Frankfort, Ky.), "Supplement to Kentucky Common School Laws", vol. VI, no. 2, April 1938 1938 1938-04 2021 true xt74f47gtm42 section xt74f47gtm42

0 Commonwealth of Kentucky 0

EDUCATIONAL BULLETIN

\‘9

LJ’BRARY ‘
SUPPLEMENT T: in: :zsma

KENTUCK .
COMMON SCH
LAWS

ENACTMENTS OF REGULAR AND EXTRAORDINARY
SESSIONS OF 1936 AND 1938
AND
EXTRAORDINARY SESSION OF 1934

a“ (“Ewan

‘‘‘‘‘

Published by

DEPARTMENT OF EDUCATION

H. W. PETERS
Superintendent of Public Instruction

ISSUED MONTHLY

Emered as second-class matter March 21, 1933, at the post office at
Frankfort, Kentucky. under the Act of August 24, 1912.

Vo|.V| 0 April, 1938 0 No.2

FOREWORD

This bulletin contains the school laws passed by the General
and Extraordinary Sessions of the Legislature since the enactment
of the new school code in 1934. Section numbers have been added to
all parts which have been assigned such numbers in the Kentucky
Statutes.

This compilation of school laws and the annotations of court
decisions and of opinions of the Attorney General were prepared by
Gordie Young, Assistant Superintendent of Public Instruction. The
annotations of the decisions of the Court of Appeals include V01-
ume 272, page 654, Kentucky Reports. This bulletin, together With
a copy of the new school code, will furnish an up-to-date reference
for Kentucky school law. ‘

H. W. PETERS,
Superintendent Public Instruction.

E’NA

Gertiﬂca

Sec.
assessme
tory an]
annexati
annexin;
mitted t
law; am
division
upon its
said tax
same int
vided b;
l 1, Eff.

Sec.
ization l
said ass<
time of s
be recon
ment; a:
be comp
levied, a
year ’s t;

See
State B(
books as
twenty—(
regulati
judgmei
are not
textboo]
grade a:

ENAGTMENTS OF REGULAR AND EXTRAORDINARY
SESSIONS OF 1936 AND 1938
AND
EXTRAORDINARY SESSION OF 1934

Certiﬁcation of Property Assessment in Annexed Territory to the
Annexing Authority

Sec. 4128-1, Ky. Stat. Assessments to be certiﬁed. That all
assessments of property heretofore made or hereafter made in terri-
tory annexed thereafter to another civil division, prior to such
annexation shall be certiﬁed by the assessor making the same, to the
annexing civil division and by the proper authority thereof, sub-
mitted to its ‘board of equalization to be equalized as provided by

:‘reneral law; and when so equalized the regular annual tax of the annexing
ctment division shall be levied by the proper authority thereof and placed
lded to upon its tax bills made therefor and collected as its other taxes; and
ntucky said taxes if allowed to become delinquent, shall be subject to the
same interest and penalty charged and enforced in the manner pro-
Eeourt vided by the law governing such annexing division. (1936, c. 97,
and by 111, EE. Feb. 27, 1936.)
tin-$59 Sec. 4128-2, Ky. Stat. Taxes certiﬁed late. Should the equal-
e .

ization board be about to adjourn when, or have adjourned before
said assessment is certiﬁed as provided in the preceding section, the
time of such board may be extended for a reasonable time or it shall
be reconvened for the purpose of passing upon such certiﬁed assess-
ment; and should, for any reason, such assessment and equalization
:tion. be completed after the regular levy of taxes for that year have been
Ie"ltd, a levy may thereafter be made as soon as practicable for that
year’s tax. (1936, c. 97, 1f 2, Eff. Feb. 27, 1936.)

31' with
Eerence

Free Textbooks

See. 4421d-1, Ky. Stat. Purchase and distribution. That the
:21: Board of Education shall have full authority to purchase text-
twen: as'piowded by Chapter forty-eight, Acts of nineteen hundred
re 1y-.elg t, and shall have full authority to adopt such rules and
_ gu atlons for the purchase and distribution of such books as in its
:Edgment may be necessary, provided such rules and regulations
te:t§::km ponﬂict With law. In the purchase and distribution of
grad s tie State Board of Education shall begin with the ﬁrst

e and shall furnish textbooks to the ﬁrst grade before any are

bought for the second grade. After books have been furnished to
the ﬁrst grade, if additional funds are available the State Board shall
furnish books to the second grade, and so on, until the fund is ex.
hausted; provided if, in the judgment of the State Board of Educa-
tion sufficient funds are not available to furnish all the textbooks to
any grade, then that Board shall have authority to determine for
what subject or subjects in that particular grade textbooks shall be
provided. There is hereby appropriated annually, out of the General
Fund, the sum of ﬁve hundred thousand dollars for the purchase and
distribution of textbooks as provided in this Act, and any unused
balance left from one year shall be carried to the following year and
shall be used for the purposes provided in this Act. This sum is
irrevocably set aside for purchase and distribution of textbooks as
provided in this Act. The State Board of Education is hereby given
full authority to administer the purchase and distribution of text-
books in the Commonwealth of Kentucky, and shall expend from the
funds appropriated by this Act a sufficient amount to bear the ex-
pense of Acts providing for the purchase and distribution of text-
books in this Commonwealth, provided that no amount shall be ex-
pended out of this fund except on proper approval of the State
Board of Education, and by requisition of the Superintendent of
Public Instruction drawn upon the Auditor of Public Accounts.
(1934, Ex. 8., c. 3, Tl 1, Eff. July 3, 1934.)

Acquiring School Buildings Outside of Cities Authorizing Boards of
Education to Deed Property to the Fiscal Court

Sec. 4421-20, Ky. Stat. Board to convey title to county. That
for the purpose of providing buildings for elementary and/or high
school purposes, boards of education of county and independent
school districts located within counties, exclusive of incorporated
cities of such counties, are hereby authorized and empowered to 0011-
vey a fee simple title with covenant of general warranty of title, t0?l
site for any such building now held or hereafter acquired by
such boards of education, to such counties. (1934, EX. 3-; 914’
‘H 1, Eff. July 13, 1934.)

See. 442121, Ky. Stat. Contract for erection of building. Every
such county to which a building site for a building has been 0011'
veyed, as provided in section one hereof, shall enter into a contracl
or contracts with some person or persons, corporation or 0011””
tions, for the erection on said site of a building With the necesstll.V
appurtenances according to plans and speciﬁcations adopted by 511011
county and approved by the board of education of the county or

indepei
be con
(1934, ‘

Sec
upon t:
section
buildin
ings sh:
for a ni
its term
of such
of the 1
the exp
term of
years, I
original
the terr
of the e
quate 11
pay the
and Wll
the part

See
deemed
sition 0
board 0
tricts a1
other st
With ﬁn
8., c. 14

Authori

Sec
ings. '1
Special .
lish ant
With ne
act for
county
C01‘pora‘
carry' 01

ilLEff

;hed to i

'd shall

lisex- .

Educa-
3oks to
ine for
hall be
ireneral
Lse and
unused
ear and
sum is
voks as
r given
it text-
om the
the ex-
f text-
be ex-
: State
tent of
counts.

ards of ‘

That ,
II‘ high
endent ‘

.orated
to 0011'
1e, to‘1
red by

(3. 14;

Every
all con-
mtract
)rporﬂ-
3essal'lV
,y 511011
.nty 0r

independent school district in which such building is proposed to
be constructed and by the Superintendent of Public Instruction.
(1934, EX. 8., c. 14, ‘H 2, Eff. July 13, 1934.)

See. 4421-22, Ky. Stat. Lease Building from City. Immediately
upon the approval of the plans and speciﬁcations as provided in
section two hereof, such board of education shall offer to lease such
building for a term of one or more years from the time such build-
ings shall be completed and ready for occupancy, Which term shall be
for a number of years acceptable to such county. The said lease by
its terms shall give such lessee the right and option to extend the term
of such a lease for a term of one or more years from the expiration
of the original term of such lease and for one or more years from
the expiration of each extended term of such lease, until the original
term of such lease shall have been extended for a total number of
years, not exceeding thirty years, at a rental which, if paid for the
original term and for each of the full number of years for which
the term of said lease may be extended, Will amortize the total cost
of the erection of said building and appurtenances, provide an ade-
quate maintenance fund and in addition thereto a sum sufficient to
pay the cost of insuring the building against loss or damage by ﬁre
and Windstorm or other calamity in such sum as may be agreed by
the parties thereto. (1934, Ex. S.., c. 14, 1T 3, Eff. July 13, 1934.)

See. 4421-23, Ky. Stat. Construction of Act. This act shall be
deemed to create an additional and alternate method for the acqui-
Slthn of elementary and/or high school buildings by any county
board of education or board of education of independent school dis-
tl‘lcts and shall not be deemed to include, alter, amend or repeal any
Other statute and shall apply solely to school buildings constructed
Wlth ﬁnancial assistance from the Federal Government. (1934, EX.
8-, c. 14, a 4, Eff. July 13, 1934.)

Authorizing the Fiscal Court to Accept Property Deeded by Boards
. of Education.
' Sec. 4421-24, Ky. Stat. Counties authorized to construct build-
lugs, That counties Whether organized under the general law or
fpiclal charter law are-hereby authorized and empowered to estab-
IS} and Erect elementary and/or high school buildings, together
;"c1‘:hfneeessary appurtenances thereto under the provisions of this
countor the. P11113086 of supplying the board of education of such
COrpoZatOIélm'd-ependent school districts located outmde of the in-
any on: t 1:31’_£1es of such county, adequate buildings necessary to
”1 Eff J 911' corporate duties and powers. (1934, EX. S., c. 15,
’ - uly 13, 1934.)
5

Sec. 4421-25, Ky. Stat. Financing; Bonds. For the purpose
of defraying the cost of acquiring any such elementary and/or high
school building by construction and appurtenances thereto, any such
county may borrow money from the Public Works Administration
or other agency of the Federal Government and issue negotiable
bonds, provided no such bonds shall ‘be issued unless and until
authorized by a. resolution specifying the proposed undertaking, the
amount of bonds to be issued and the maximum rate of interest such
bonds are to bear, which shall not be more than six per cent (6%)
per annum. Such resolution shall further provide that the proposed
elementary and/ or high school buildings and appurtenances thereto
are to be constructed or acquired pursuant to the provisions of this
act. (1934, Ex. 8., c. 15, ﬂ 2, Eff. July 13, 1934.)

See. 4421-26, Ky. Stat. Interest on bonds. All bonds under
the provisions of this act may be issued bearing interest at a rate
not exceeding six per cent per annum, payable semi-annually, and
shall be executed in such manner and be payable at such times, not
exceeding thirty years from the date thereof, and at such place or
places as such ﬁscal court or board of commissioners shall determine.
(1934, E7 S., c. 15, 1T 3, Eff. July 13, 1934.)

See. 1421-27, Ky. Stat. Bonds negotiable, tax free. Any and
all bonds shall have and are hereby declared to have in the hands
of bona ﬁde holders all of the qualities of negotiable instruments
under the law merchant, and shall not be subject to taxation. In
case any of the oificers whose signatures or counter signatures ap-
pearing on the bonds or coupons shall cease to be such officers before
the delivery of. such bonds, such signatures or counter signatures
shall nevertheless be valid and sufficient for all purposes the same
as if they had remained in olfice until such delivery. Such bonds
shall be sold in such manner and upon such terms as the ﬁscal court
or board of commissioners shall deem for the best interest of 5110ll
county. Such bonds when issued shall be payable solely from the
revenue funds derived from such elementary and/or high Sdh°°l
building as provided in sections eight and nine hereof and shall not
constitute an indebtedness of such county within the meaning 0f the
constitutional provisions or limitations. It shall be plainly statefl
on the face of such bond that same has been issued under the PTOVI‘
sions of this act and that it does not constitute an indebtedness 0f
such county Within the meaning of any constitutional provisions 0r
limitations. (1934, EX. So, 0. 15, ﬂ 4, Eff. July 13, 1934.)

See. 4421-28, Ky. Stat. Use of bond funds. All moneyS re-
ceived from any bonds issued pursuant hereto shall be applied solely

for th
school
money
bonds
And t]
lien u}
ances
each 0
said b(
Se
and/or
ances '
payme
holder
in equ
confer:
enforct
includi
tion of
EX. 8,,
Se
any de
bonds,
receive
on beh
sufficio
outstai
and f0:
and re‘
to in s
July 1:
Se
such at
school
county
buildin
the Q01
full de
and th
such b1
court 2
and sh

irpose
1‘ high
v such
ration
itiable
until
lg, the
t such
(6%)
)posed
hereto
if this

under
a rate
V, and
as, not
ace or
mine.

y and
hands
.ments
n. In
“es ap-
before
atures
5 same
bonds
court
E such
ml the
school
Ill not
of the
stated
provi-
ess 0f
ans 01‘

ys 1‘8-
solely

for the establishment or erection of such elementary and/ or high
school building and necessary appurtenances thereto, provided such
moneys may be used also to advance the payment of the interest on
bonds during the ﬁrst three years following the date of such bonds.
And there shall ‘be and there is hereby created a statutory mortgage
lien upon the elementary and/ or high school building and appurten-
ances so acquired to and in favor of the holders of said bonds and
each of them and to and in favor of the holders of the coupons of
said bonds. (1934, EX. S., c. 15, 1T 5, Eff. July 13, 1934.)

See. 4421-29, Ky. Stat. Mortgage lien rights. The elementary
and/ or high school building so acquired, together With the appurten-
ances thereto, shall remain subject to such statutory lien until the
payment in full of the principal and interest of the bonds. Any
holder of said bonds or of any of the coupons may, either at law or
in equity, protect and enforce the statutory mortgage lien hereby
conferred and may by suit, action, mandamus or other proceedings,
enforce and compel performance of all duties required by this act,
including the making and collecting of suﬁicient rates, the segrega-
tion of the income and revenue, and the application thereof. (1934,
EX. S, c. 15, ﬂ 6, Eff. July 13, 1934.)

See. 4421-30, Ky. Stat. Appointment of receiver. If there be
any default in the payment of the principal or interest of any of said
bonds, any court having jurisdiction of the action may appoint a
receiver to administer said elementary and/or high school building
on behalf of the county, with power to charge and collect rentals
sufficient to provide for the payment of any bonds or obligations
outstanding against said elementary and/or high school building
and for the payment of the operating expenses and apply the income
and revenues in conformity With this act, and the resolution referred
to In sections eight and nine hereof. (1934, Ex. 8., c. 15, TI 7, Elf.
July 13, 1934. )

Sec. 4421-31, Ky. Stat. Plans and speciﬁcations. When any
:Eﬁilofoglhg-shall desire to construct such elementary and/or high
Count 811111 11111:”, the ﬁscal court or board of commissioners of such
buildii tab, y resolution, cause plans and speciﬁcations of such
the cougnto e constructed, to be duly made and ﬁled in the ofﬁce of
full degeriy tcourt clerk, vvhich plans and speciﬁcations shall give a
and the up ion of the building to be constructed, the details thereof
such build $111116}: of construction. The plans and speciﬁcations of
Court and a g S all be prepared by an architect selected by the. ﬁscal
and Shall bfproved by the board of education of the school district

submitted to the board of education of the school dis-

trict in which said building is proposed to be constructed and to the
Superintendent of Public Instruction for approval and if approved,
and if such board of education shall offer to lease such building for
a term of one or more years from the time such building shall be
completed and ready for occupancy, with the right and option in
such lessee to extend the term of such lease for a term of one or
more years from the expiration of the original term of such lease
and for one or more years from the expiration. of each extended term
of such lease, until the original term of such lease shall have been
extended for a total number of years, not exceeding thirty years,
at a rental which, if paid for the original term and for each of the
full number of years for which the term of said lease may be ex-
tended, Will amortize the total cost of the erection of said building
and appurtenances, provide an adequate maintenance fund and in
addition thereto a sum sufficient to pay the cost of insuring the
building erected against loss or damage by ﬁre and Windstorm or
other calamity in such sum as may be agreed by the parties thereof,
the ﬁscal court or board of commissioners shall by resolution
authorize the issuance of bonds, in the manner and form as herein
provided, sufficient to pay the cost of constructing such building,

and shall cause the county court clerk to advertise for bids, and '

thereafter the ﬁscal court or board of commissioners, by and through
the county judge of such county, may contract for the construction
of such building. (1934, Ex. 8., c. 15, ﬂ 8, Eff. July 13, 1934.)
See. 4421-82, Ky. Stat. Rent and its disposition. At or before
the issuance of such bonds the ﬁscal court or board of commissioners
of such county shall, by resolution, set aside and pledge the income
of such building into a separate and special fund to be used and
applied in payment of the cost thereof and in the maintenance there-
of. Said resolution shall deﬁnitely ﬁx and determine the amount 0f
revenue which shall be necessary and be set aside and applied for
the payment of the principal and interest of the bonds, and halal“?6
of such income shall be set aside for the reasonable and proper main-
tenance thereof, including a sufficient sum to pay the cost of such
insurance as hereinabove provided. The rentals to be charged for
the use of such building shall be sufficient to provide for the P35"
ment of interest upon all bonds and to create a sinking fund to Pill
the principal thereof as and when the same becomes due and t0 pl'0'
vide for the maintenance thereof including the cost of insuring Snell
building erected against loss or damage by ﬁre and Windstorm 01'
other calamity. (1934, EX. S, e. 15, ﬂ 9, Eff. July 13, 1934.)
See. 4421-33, Ky. Stat. Surplus in maintenance fund- 1fa11y

surpl'
be cc
maim
resoh
opera
any (
fund.

E
issue
of an
seribt
same
\vhicl
Eff. J

court
be in:
may
requi:
E
count
may .
the m
holde
may <
be ]’)I
posite
comm
ously
Unite
at lea
other
Such
by a
comm
in dir

-c. 15,

of ed
in th'
build
cost (

o the
oved,
g for
Ill be
on in
ne or
lease
term
been
years,
)f the
)e ex-
ilding
ml in
g the
rm or
erect,
lntion
1erein
lding,

;, and '

rough
action

before
ioners
11001116
d and
there-
unt 0f
ed for
alanee
main-
f such
ed f01'
e p35"
to pill
10 p1'0-
g suell
um 01'

If any

surplus shall be accumulated in the maintenance fund, which shall
be equal to the cost of maintaining such building during the re-
mainder of the calendar, or ﬁscal year, as may be provided by the
resolution hereinbefore required and the cost of maintaining and
operating such building the succeeding like calendar or ﬁscal year,
any excess over such amount shall be transferred to the sinking
fund. (1934, Ex. S., c. 15, 11 10, Eff. July 13, 1934.)

See. 4421-34, Ky. Stat. Refunding bond. Such county may
issue refunding bonds for the purpose of providing for the payment
of any outstanding bonds, in accordance with the procedure pre-
scribed by this act. Such refunding bonds shall be secured to the
same extent and shall have the same source of payment as the bonds
which shall have been thereby refunded. (1934, EX. S., c. 15, {I 11,
Eff. July 13, 1934.)

See. 4421-35, Ky. Stat. Additional bonds. Should the ﬁscal
court or board of commissioners ﬁnd that the bonds authorized Will
be insufficient to accomplish the purpose desired, additional bonds
may be authorized and issued subject to the procedure as herein
required. (1934:, EX. S., c. 15, 11 12, Eff. July 13, 1934.)

See. 4421-36, Ky. Stat. Administration,_ sinking fund. Such
county in acquiring any building under the provisions of this act,
may provide by resolution any such provision and stipulation for
the administration of the income and for the security of the bond-
holders as the ﬁscal court or board of commissioners of such county
may deem necessary: Provided, that the sinking fund, which shall
be provided by resolution as hereinbefore required, shall be de—
posited in a depository selected by such ﬁscal court or board of
commissioners, which deposit, where practicable, may be continu-
ously secured by a pledge to the county of direct obligations of the
United States of America, exclusive of accrued interest, at all times
at least equal to the balance on deposit in such account, or in such
other manner acceptable to the purchaser or holders of such bonds.
Such securities shall either be deposited with the county or be held
by a trustee or agent satisfactory to the ﬁscal court or board of
commissioners of such county. Such sinking fund may be invested
1n dlrect obligations of the United States of America. (1934, EX. 8.,

-c. 15, H13, Eff. July 13, 1934.)

See. 4421-37, Ky. Stat. Title goes to board. When such board
of education has paid rentals, in the manner and form as provided
111 this act, sufficient to amortize the cost of the erection of such
budding and appurtenances, to maintain such building and pay the
00st of insurance, such county shall thereupon convey said premises

to such board, and shall transfer the balance, if any, remaining in
the funds herein provided to the account of such board of education,
(1934, Ex. S., c. 15, 1T 14, Eff. July 13, 1934.)

See. 4421-38, Ky. Stat. Construction of act. This act shall be
deemed to create an additional and alternate method for the acqui-
sition of elementary and/ or high school buildings by the county and
shall not be deemed to include, alter, amend or repeal any other
statute. (1934, Ex. S., c. 15, it 15, Ed. July 13, 1934.)

Teacher Retirement in Cities of the First, Second and Third Glasses.

[Note: These sections (revised sections by the same numbers)
Acts 1934, c. 65.]

Sec. 4506-1, Ky. Stat. Boards of Education. Boards of Educa-
tion of Independent School districts embracing cities of the ﬁrst,
second and third classes may and are hereby empowered to estab-
lish retirement systems for the purpose of providing retirement
allowances and other beneﬁts for teachers and other school em-
ployees. A retirement system so created shall have the powers and
privileges of a corporation and shall be known as “The Teachers
Retirement System of the Schools of ................................................ , Kentucky,”
and by such name all of its business shall be transacted, all of its
funds invested, and all of its cash and securities and other property
held. (1936, c. 41; 1934, c. 65; Art. IX, 1T 1, Eff. Feb. 18, 1936.)

See. 4506-2, Ky. Stat. Powers. In Independent school districts
embracing cities of the ﬁrst, second and third classes which are
already operating insurance and annuity systems, for teachers or
for teachers and other employees, full authority to adopt, modify,
change or revise the present systems, including pensions already
granted, is by this act conferred upon the boards of education of
such school districts, subject to the approval of the board or EOV'
erning body of the existing system and subject also to the provisions
hereinafter stated. (1936, c. 41; 1934, c. 65, Art. IX, 17 2, Et
Feb. 18, 1936.)

See. 4506-4, Ky. Stat. Regulations. Each board of trustees of
retirement systems in independent school districts embracing cities
of the ﬁrst, second and third classes may adopt, subject to the Pro'
visions of this act, such regulations as are necessary to the eﬁective
operation of the retirement systems without regard to regulations
adopted by any other such board of trustees. (1936, c. 41; 1934,
c. 65, Art. IX, 11 4, Eff. Feb. 18, 1936.)

Sec. 4506-6, Ky. Stat. Contributions. The participating teach-
ers and other employees, and the board of education in districts in

which
lished
contri
systen

~ adequ

set up
tion s]
bers 0
may i
action
and er
vided
ﬁrst c.
and 01
sessed
the cc
third
cents
subje(
Art. I
S
of the
the bc
to wh
tion 0
distrii
levy t
ment
class
hundi
tax ii
the se
hund:
tax i:
Feb. I

Powe
ment
colleg
when
a boc'
contr

ation.

all be
acqui
y and
other

asses.

tricts
1 are
rs or
tdify,
'eady
)n of
gov-
sions

Eff.

es of
:ities
pro-
ctive
tions
[934,

tach-
ts in

which such retirement system is continued, reorganized or estab-
lished may contribute to the retirement fund and the rates of the
contribution shall be ﬁxed by the board of trustees of the retirement
system on the basis of careful actuarial investigations, and shall be

- adequate and sufficient to support the beneﬁts granted in the system

set up: provided that the total contribution of the board of educa«
tion shall be at least the equal of the total contributions of the mem-
bers of the system. The board of trustees of the retirement system
may increase or decrease the rates of contribution Whenever such
action is deemed by them to be necessary to preserve the solvency
and equity of the system as determined by actuarial studies, pro-
vided that the contribution of the board of education of a city of the
ﬁrst class shall in no case exceed the returns from a tax rate of four
and one-half cents (41/20) on each one hundred dollars ($100) of as-
sessed valuation subject to local school tax in said district, and that
the contribution of a board of education of a city of the second or
third class shall in no case exceed the returns from a tax rate of four
cents (4c) on each one hundred dollars ($100) of assessed valuation
subject to local school taX in said district. (1936, c. 41; 1934, c. 65,
Art. IX, ﬂ 6, EE. Feb. 18, 1936.)

See. 4506-7, Ky. Stat. Duty to levy tax. It shall be the duty
of the board of education in cities of the second and third classes,
the board of aldermen in cities of the ﬁrst class, or such other agency
to which the General Assembly may in the future delegate the func—
tion of levying taxes for local school purposes in independent school
districts embracing cities of the ﬁrst, second and third classes, to
levy the tax rate recommended by the board of trustees of the retire-
ment system; provided that the rate of taxation in a city of the ﬁrst
class shall not exceed four and one-half cents (41/20) on each one
hundred dollars ($100) of assessed valuation subject to local school
tax in said district, and provided the rate of taxation in a city of
the second or third class shall not exceed four cents (40) on each one
hundred dollars ($100) of assessed valuation subject to local school
tax in said district. (1936, c. 41; 1934, c. 65, Art. IX, TI 7, Eff.
Feb. 18, 1936.)

See. 4527-44, Ky. Stat. Government of Teachers Colleges and
Powers of Boards of Regents in Appointing Teachers. The govern-
ment, administration, and control of each of the said state teachers
COlleges is hereby vested in its respective board of regents which
When its members have been appointed and, qualiﬁed, shall constitute
a body COrporate and shall have perpetual succession with power to
contract and be contracted with, to sue and be sued, to plead and be

iinpleaded, to receive by any legal mode of conveyance property of
any description, and to have and to hold and enjoy the same; to
receive grants of money and to expend the same for the use and
beneﬁt of the said college; also, to sell and convey any real estate,
buildings, or equipment belonging to it, but the proceeds from such
sale shall be reinvested in other real estate and/or buildings and
equipment for the use and benefit of the said college; to make and
use a corporate seal with power to alter and enjoy the same; to
adopt by—laws, rules, and regulations for the government of their
members, officers, agents, and employees, and to enforce obedience
to such, rules; to elect a secretary and a treasurer and to fix the bond
of the treasurer which shall not be less than $10,000, and the treas-
urer shall not be a member of the board of regents; to designate a
depository or depositories for its funds and to ﬁx the bond thereof;
to require such reports from, the president, officers, faculty, and em-
ployees as it deems necessary and proper from time to time; to deter-
mine the number of divisions, departments, bureaus, offices, and
agencies needed for the successful conduct of the affairs of the said
college; to invest the faculty or a committee of the faculty with the
power to suspend or expel any student for disobedience to itsrules;
or for any other contumacy, insubordination, or immoral conduct;
to appoint a president and, on the recommendation of the president,
appoint, in its discretion, all officers, teachers, and employees and
ﬁx their compensation and tenure of service, provided no person
shall be employed for a longer period than four years; and provided
further that no person shall be employed who is related to any
member of said Board of Regents, as father, mother, brother, sister,
husband, Wife, son, daughter, aunt, uncle, sister-in—law, or daughter-
in-law, except that upon written recommendation of the President
of the respective institution, one such relative of each member of
the Board of Regents, may be appointed upon confirmation by the
remaining three members of said board; to dismiss any president
and, upon the recommendation of the president, any officer, teaehen
or employee for cause as hereinafter provided; to grant diplomaS
and confer degrees upon the recommendation of the president and

‘ the faculty, and to possess all other immunities, rights, privileged

aiidﬁranehise‘s usually attaching to the governing bodies of educa-
tional institutions. (1936, c. 43; 1984, c. 65, Art. XI, Tl 44, M“

May. 16’ 1936') State Aid for Negroes

Sec. 4527-81, Ky. Stat. State to pay-tuition and fees outside of
state. That pending the full development'of the educational insti-
tutions of the Commonwealth of Kentucky, all bona ﬁde residents 0f
12

this st
provic'
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H 1, E:
St
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Instru
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St
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such I
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S(
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AN AC

'ty of
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such
; and
3 and
e; to
their
ieuee
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,reas-
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l em-
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said
11 the
ules;
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e of
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this state at the time of making written application for the beneﬁts
provided in this act and have been such residents continuously for
ﬁve (5) years next preceding the time of ﬁling said application, and
who are duly qualiﬁed for matriculation in courses of study offered
at the University