xt78sf2m957g https://exploreuk.uky.edu/dips/xt78sf2m957g/data/mets.xml Kentucky. Department of Education. Kentucky Kentucky. Department of Education. 1958-07 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.), "Kentucky Common School Laws 19958", vol. XXVI, no. 7, July 1958 text 
volumes: illustrations 23-28 cm. call numbers 17-ED83 2 and L152 .B35. Educational Bulletin (Frankfort, Ky.), "Kentucky Common School Laws 19958", vol. XXVI, no. 7, July 1958 1958 1958-07 2022 true xt78sf2m957g section xt78sf2m957g  

 

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0 Commonwealth of Kentucky 0

EnucAnouAL BlILLEIIN
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KENTUCKY ‘ .
COMMON SCHOOL
LAWS

 

 

Published by

DEPARTMENT CIF EDUCATION
ROBERT R. MARTIN
Superintendent of Public Instruction

 

 

 

 

M...—
ISSUED MONTHLY

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

Vol. XXVI July, 1958 No. 7

 

 

 

  

 

 

 

  

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KENTUCKY
COMMON SCHOOL
LAWS

7958

With Abstracts from the Decisions of the Court
of Appeals to and including Vol. 299, P. 626

Published by Order of
the State Board of Education

STATE BOARD OF EDUCATION

 

 

 

 

 

 

 

 

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FOREWORD

Section 156.240 of the Kentucky Revised Statutes provides that
the Superintemlent of Public Instruction shall prepare for publica—
tion the complete school laws of Kentucky. This volume is issued in
compliance with these provisions in order that school administrators
and other interested persons may have available a compilation of
the existing school laws.

Section 156.240 further provides that the Superintendent of
Public Instruction shall explain the true intent and meaning of the
school laws and the published rules and regulations of the State
Board of Education. This bulletin forms the basis upon which such
interpretation is based. Together with the published regulations of
the State Board of Education, it constitutes the legal basis for public
education in Kentucky. These statutes and annotated decisions of
the Court of Appeals were compiled by Mr. James L. Sublett, As-
sistant Superintendent of Public Instruction. Included are acts of
the 1958 session of the General. Assembly and annotations of de—

Cisions of the Court of Appeals to and including Volume 299,
Page 626.

AS the legal structure of education in Kentucky becomes in-
creasmgly complex, proper knowledge of school law acquires a new
1111Dfll‘ianee. No publication can substitute for competent, legal
adwce; however, it is our sincere hope that this volume will enable

school administrators and others to acquire a basic understanding
of kentucky school law.

ROBERT R. MARTIN

Swpcrintmzdcnt of Public Instruction

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

TABLE OF CONTENTS

 
  

  

Chapter . Page
I Kentucky Constitutional Provisions .................................................. 357

II General Provisions __________________________________________________________________________________ 371
111 Department of Education _________ ____________________________________________________________ 463
IV State Support of Education ________________________________________________________________ 490
V Conduct of Schools ..................................................................
VI Compulsory Attendance __

VII School Districts ________________________________________________________________________________________ 535

VIII School Employes, Teachers’ Retirement and Tenure .................... 586
IX School Property and Buildings .......................................................... 639‘
X Vocational Education and Rehabilitation ........................................ 664
XI State Universities and Colleges .......................................................... 670

XII City Universities and Colleges ___________________________________________________

XIII Negro Vocational and Higher Education ...................

  

 

Education of the Deaf, Dumb and Blind...

 
 
  
   
  
  
   
   
 
  
   
  
  
 
 

 Page
.. 357
__ 371
468
490
512
526
536
586
639‘
664
670
696
706
.. 710

CHAPTER I
KENTUCKY CONSTITUTIONAL PROVISIONS

Section

5
55
59
91

93

95
96
152

155
157

158

165
169
179

180

183
184

185
186
187

188
189

228
237
246

Rights of religious freedom.
When laws to take effect; emergency legislation.
Local and special legislation.

Constitutional state officers; election, qualifications, term of office;
duties; Secretary of State to record acts to Governor and report
them to General Assembly.

Constitutional state officers not to succeed themselves; duties; fees;
inferior state officers; term.

Time of election of constitutional state officers.

Compensation of constitutional state officers.

Vacafincéelsi; when filled by appointment, when by election; who
.0 1 .

School elections not governed by constitution.

Maximum tax rate for cities, counties and taxing districts; indebted-
ness exceeding income provided for year not to be incurred
without popular vote.

Maximum indebtedness of cities, counties and taxing districts; in-
debtedness authorized or incurred prior to constitution.

Incompatible offices and employments.
Fiscal year.
Political subdivision not to become stockholder in corporation, or

appropriate money or lend credit to any person, except for roads
or state capitol.

Poll tax; act or ordinance levying any tax must specify purpose, for
which alone money may be used.

General Assembly to provide for school system.

Common school fund; what constitutes; use; vote on tax for educa-
tion other than in common schools.

Interest on school fund; investment.
Distribution and use of school fund; equalization.

White and colored to share fund Without distinction; separate
schools.

Refund of federal direct tax part of school fund.

Schoolhmciney not to be used for church, sectarian or denominational
so 00 .

Oath of officers and attorneys.
Federal office incompatible with state office.
MaXimum limit on compensation of public officers.

§ 5- Rights of Religious Freedom. No preference shall ever be

g‘IVen by law to any religious sect, society or denomination; nor to
any particular creed, mode of worship or system of ecclesiastical
DOhty; nor shall any person be compelled to attend any place of
“'OPShiD, to contribute to the erection or maintenance of any such
place, or to the salary or Support of any minister of religion; nor
Shall any man be compelled to send his child to any school to which
he may be conscientiously opposed; and the civil rights, privileges

357

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

  

Sec. 55 Kentucky Constitutional Provisions

0r capacities of no person shall be taken away, or in any wise di-
minished or enlarged, on account of his belief or disbelief of any
religious tenet, dogma or teaching. N0 human authority shall, in
any case whatever, control or interfere with the rights of conscience.

Nicholas, et al. v. Henry, 301 Ky. 434. The statute providing supplementary trans-
portation for children attending school in compliance with compulsory school attendance
laws, providing for payment of such transportation from general funds of county, mak-
ing transportation available to children attending common, private, sectarian, or paro-
chial schools, is tax legislation for a public purpose and is not violative of constitutional
provisions prohibiting special privilege or requiring tax levies for public purposes only.
(November 27, 1945.)

Rawlings vs. Butler, 290 S.W. (2d) 801. That members of religious orders who
were engaged to teach in public schools wore religious garb or emblems did not, of
itself, violate constitutional guarantee of freedom of religion. (February 10‘, 1956)

§ 55. When Laws to Take Effect; Emergency Legislation. No
act, except general appropriation bills, shall become a law until
ninety days after the adjournment of the session at which it was
passed, except in cases of emergency, when, by the concurrence of
a majority of the members elected to each House of the General
Assembly, by a yea and nay vote entered upon their journals an act
may become a law when approved by the Governor; but the reasons
for the emergency that justifies this action must set out at length
in the journal of each House.

Ficke, ct al. v. Board of Trustees of Erlanger Consolidated Graded SchoolDistrict;
262 Ky. 312. School districts have liens on personal property. If Governor neither a}:-
proves nor disapproves act with emergency clause it becomes effective when returned 0
Secretary of State’s Office.

Emergency statute declaring inadequacy of existing remedies and intention to Pro'

vide additional remedies for collecting school taxes held intended to apply ratroactively‘
(January 24, 1936.)

§ 59. Local and Special Legislation. The General Assembly
shall not pass local or special acts concerning any of the following
subjects or for any of the following purposes, namely:

(15) To authorize or to regulate the levy, the assessment, 01‘ the
collection of taxes or to give any indulgence or discharge to any
assessor or collector of taxes, or to his sureties.

(25) To provide for the management of common schools.

Harlan-Wallins Coap Corp. v. Cawood, 303 Ky. 544, 198 S.W. (2d) 218. The 1906 8A0}
(KRS 160.475) fixing limits on ad valorem school tax levies is a general statutemtl?e
plicable to all fiscal courts and county school districts equally throughoUt the 15 is:
hence it does not violate subsection (15) of Const. 59, inhibiting local or 51390131 i950
lation though the determination of the amount of tax necessary to operate SChOOS
each district is left to the county board of education.

Johnson, Governor v. Commonwealth ex rel. Meredith, Atty. Gene 291 Kari?
State executive departments, boards, or commissions may be represented by an a
other than the Attorney General. (August 26, 1942.)

Stone v. Wilson, 102 Ky. 423, 43 S.W. 397. Local or special legislation applfiitei;
clusively to special or particular places, or special or particular persons, and IS _I to
guished from the statute intended to be general in its operation and that relating
classes of persons or subjects.

§ 91. Constitutional State Officers; Election, Qualifications
Term of Office; Duties; Secretary of State to Record Acts to GOV'

358

   

  

   
  
  
  
  
   
   
   
  
 
    
 
   
   
  
 
  
  
   
   
  
   
 
  
 
  
  
   
 
  
 
  

wise di-
of any
hall, in
science.
ry trans-
ttendance
nty, mak-
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oses only.

ders who
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, Gov-

Kentucky Constitutional Provisions Sec. 96

ernor and Report them to General Assembly. A Treasurer, Auditor
of Public Accounts, Register of the Land Office, Commissioner of
Agriculture, Labor and Statistics, Secretary of State, Attorney-Gen-
eral and Superintendent of Public Instruction, shall be elected by the
qualified voters of the state at the same time the Governor is elected
for the term of four years, each of whom shall be at least thirty years
of age at the time of his election, and shall have been a resident citi-
zen of the state at least two years next before his election. The duties
of all these officers shall be such as may be prescribed by law, and
the Secretary of State shall keep a fair register of and attest all the
official acts of the Governor, and shall, when required, lay the same
and all papers, minutes and vouchers relative thereto before either
house of the General Assembly. The officers named in this section
shall enter upon the discharge of their duties the first Monday in
January after their election, and shall hold their offices until their
successors are elected and qualified.

§ 93. Constitutional State Officers Not to Succeed Themselves;
Duties; Fees; Inferior State Officers; Term. The Treasurer, Auditor
of Public Accounts, Secretary of State, Commissioner of Agriculture,
Labor and Statistics, Attorney—General, Superintendent of Public
instruction, and Register of the Land Office shall be ineligible to
re-eleetion for the succeeding- four years after the expiration of the
term for which they shall have been elected. The duties and re-
§ll011sibilities of these officers shall be prescribed by law, and all
fees collected by any of said officers shall be covered into the treas-
“PIX- Inferior state officers, not specifically provided for in this con—
stitution, may be appointed or elected, in such a manner as may be
Pr0§0ribed by law, for a term not exceeding four years, and until
then‘ successors are appointed or elected and qualified.

§ 95. Time of Election of Constitutional State Officers. The
election under this Constitution for Governor, Lieutenant Governor,
r1I‘caSurer, Auditor of Public Accounts, Register of the Land Office,
A1itOrney-General, Secretary of State, Superintendent of Public In—
Sfl‘llction, and Commissioner of Agriculture, Labor and Statistics,
311311 be held on the first Tuesday after the first Monday in Novem-

ber, eighteen hundred and ninety-flVG and the same day every four
years thereafter.

§ 96. Compensation of Constitutional State Officers. All officers

359

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

Sec. 152

 

Kentucky Constitutional Provisions

mentioned in section ninety—five shall be paid for their services by
salary, and not otherwise.

§ 152. Vacancies; When Filled by Appointment, When by Elec-
tion; Who to Fill. Except as otherwise provided in this constitution,
vacancies in all elective offices shall be filled by election or appoint-
ment, as follows: If the unexpired term will end at the next suc-
ceeding annual election at which either city, town, county, district
or state officers are to be elected, the office shall be filled by appoint-
ment for the remainder of the term. If the unexpired term will not
end at the next succeeding annual election at which either city, town,
county, district or state officers are to_be elected, and if three months
intervene before said succeeding annual election at which either
city, town, county, district or state officers are to be elected, the
office shall be filled by appointment until said election, and then
said vacancy shall be filled by election for the remainder of the term.
If three months do not intervene between the happenings of said
vacancy and the next succeeding election at which city, town, county,
district or state officers are to be elected, the office shall be filled
by appointment until the second succeeding annual election at which
city, town, county, district or state officers are to be elected; and
then, if any part of the term remains unexpired, the office shall be
filled by election until the regular time for the election of officers to
fill said offices. Vacancies in all offices for the state at large, 01‘ for
districts larger than a county, shall be filled by appointment of the
governor; all other appointments shall be made as may be pre-
scribed by law. No person shall ever be appointed a member of the
General Assembly, but vacancies therein may be filled at a special
election, in such a manner as may be provided by law.

Brown V- ROSE, 233 Ky. 549, 26 S. W. (2d) 503. One elected to office to filltvacaélacys
on county board of education must qualify within reasonable time thereafter. Sixty y
held to be unreasonable time.

County board was within its rights in declaring a vacancy in its membershfi.D Egg
appointing person to fill vacancy, Where one elected to fill vacancy had 11015 quail 1e
days after receiving certificate of election.

County board of education is not constitutional office. (March 25?, ”30.)

§ 155. School Elections Not Governed By Constitution. The
DI‘OVisions of sections one hundred and forty-five to one hundred
and fifty-four, inclusive, shall not apply to the election of schOO1
trustees and other common school district elections. Said elections
shall be regulated by the General Assembly, except as otherwlSG
provided in this Constitution.

    

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rwise

Kentucky Constitutional Provisions Sec. 157

§ 157. Maximum Tax Rate for Cities, Counties and Taxing Dis-
trict; Indebtedness Exceeding Income Provided for Year Not to be
Incurred Without Popular Vote. The tax rate of cities, towns, coun-
ties, taxing districts and other municipalities, for other than school
purposes, shall not, at any time, exceed the following rates upon
the value of the taxable property therein, viz.: For all towns or
cities having a population of fifteen thousand or more, one dollar
and fifty cents 011 the hundred dollars; for all towns or cities having
less than fifteen thousand and not less than ten thousand, one
dollar on the hundred dollars; for all towns or cities having less
than ten thousand, seventy—five cents on the one hundred dollars
and for counties and taxing districts, fifty cents on the hundred
dollars; unless it should be necessary to enable such city, town,
county, or taxing district to pay the interest 011, and provide'a sink—
ing fund for the extinction of indebtedness contracted before the
a(10136011 of this Constitution. No county, city, town, taxing district,
.Or other municipality shall be authorized or permitted to become
indebted in any manner or for any purpose, to an amount exceeding
In any year, the income and revenue provided for such year, without
the assent of two—thirds of the voters thereof, voting at an election
to be held for that purpose; and any indebtedness contracted in
VIolation of this section shall be void. Nor shall such contract be
enforceable by the person with whom made; nor shall such munici-
pahty ever be authorized to assume the same.

Board of Education of Fa ~ ' ‘

. , yctte County v. Boald of Education of chmgton Independ-
$350153?“ DIStUCt, 250.S.W. (2d) 1017. Property in county school district at time of
be liablee fVOte on question of indebtedness and issuing general obligation bonds, would
Scllool distiiirctthe tax regardless of the subsequent transfer of the property to another

€132?! Pf Education of Louisville ct a]. v. City of Louisville ct al.. 258 S.W. (2d) 707.
Where “1151095 0f KRS 16.2.090, making school bonds the obligation of the city in cases
Where thee 'Ct‘ty school. district embraces the city, cannot constitutionally be applied
Cflnstitute CHI boundaries extend beyond those of the school district; therefore the bonds
may be ta Odlgations of the school district, for which only property within the district
ance of bdiiidsand for Wthh only Voters in the district may vote on the question of issu—
3 Maggie} Bankers Bond 0)., 199 Ky. 490, 251 S. W. 643. A certain contract in which
school build- ucatlon under the gglse of Reynolds, attempted to secure the erection of a
invalid, mg, for an amount in excess of the revenues for the current year, was

F -
not tglllie‘lcdlegg” 194.KY~ 130, _23_8 S. W. 177. The outstanding indebtedness of a city is
trict of h‘nSl €red_1n determining indebtedness that may be incurred by a school dis-
F] W leh the City forms a part.
506, 1313:: V; Board of Trustees of Little Rock Graded School, 170 Ky. 627, 186 S. W.
Without the melpahty creates a debt greater than the income and revenue for such year
amount is (1,55%th .of the voters, the same is in violation of this section, although the
Dun 1V1 Ed in equal installments, payable in a series of years.
providing E5311“, 8‘ 31-), 308 Kyz 774, 215 s. w. (2d) 957. Purpose of appropriation act
as and n t Supplementmg salanes of teachers in common schools was to benefit teach-
od ° ““001 board. (December 14, 948.)
ge V. Jeff . - . .
Jeffers erson County Boald of Education 298 Ky. 1. The expenditure by
funds ggllgdlggté BOard of_ Education, for maintenaiice of a recreational plan, of tax
or educational purposes, common school purposes, and the common

361

 

 

 

 

 

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Sec. 158 Kentucky Constitutional Provisions

school system, is not violative of constitutional provisions that taxes collected for such
purposes should not be applied to other purposes, since the terms “education,” ”common
$322301 purpose,” and “common school system” embrace recreational training. (June 23,

Blancett v. Lect, ct al., 297 Ky. 141. Where board of education made no expendi-
tures in excess of those shown by budget and floating indebtedness was the aggregate
of annual deficiencies in tax collection, plus interest accumulated thereon, the floating
indebtedness was not incurred in excess of “income and revenue” within constitutional
provision establishing maximum indebtedness and therefore the indebtedness was tund-
able. (March 24, 1944.)

Rowan County Board of Education v. Citizens Bank, et al., 279 Ky. 413. This suit
tests the validity of a proposed bond issue of the county board of education. Judgment
3% thgaéoyver court affirmed and the issue of bonds of $62,500 is thereby approved. (June

Citizens’ Bank V. Rowan County Board of Education, 274 Ky. 481. Warrants issued
over a period of six years for governmental expenses of board of education audwhich
did not exceed, with prior indebtedness, the revenue that could be lawfully antiCipated
for the particular year, were valid obligations when issued, and hence a note by which
warrants were taken up was valid regardless of whether amount of note exceeded the
anticipated revenue for the year in which note was executed. (June 24, 1938.)

Abbott, et al. v. Oldham County Board of Education, 272 Ky. 654. If outstanding
indebtedness when created did not exceed anticipated revenue as shown by budget and
money was expended for lawful purposes, funding bonds may be issued and proceeds
applied to reduction of said indebtedness. (May 5, 1938.)

Scott County Board of Education v. McMillen, 270 Ky. 483. The plan of the county
board of education providing for conveyance to holding corporation properties which
were to be jointly mortgaged to secure payment of bonds, was not invalid because all
properties were jointly subject to lien for payment of bonds or because prOVISion for
refunding of any taxes paid by bondholders if annual payment was within boards un-
encumbered annual income. (November 5, 1937.)

Bales v. Holt, County School Superintendent, et al., 270 Ky. 272. County board 0ft
education should assume indebtedness of the independent district which becomes par
of the county district. (October 22, 1937.)

Fiscal Court of Jackson County, et al. v. Board of Education of Jackson Countt’s 269
Ky. 258. Board of Education authorized to convey school site to fiscal court for pur-
pose of issuing bonds to finance construction of school building. (June 15, 1937.)

Fiscal Court of Jackson County, at al. v. Board of Education of Jackson County: 26?
Ky. 336. This contract to lease a building provides for continuance from year to yea
and is illegal. It could be remedied by making lease for one year.

Meade v. Board of Education of Johnson County, ct al., 268 Ky. 71. Board of edu-
cation has legal authority to issue bonds to refund validly created indebtedness-

Lee v. Board of Education of Bell County, 261 Ky. 379. Debt which arose from {1011;}
expected decrease in value of property of county school district held a valid obligléégm
as regards validity of bonds authorized to fund such obligations. (NOVember 19. '

Davis v. Board of Education of City of Newport, et al., 260 Ky. 294. . Thirty-312511:
lease of school building to board on condition of paying $15,000 a year untl} allt mileage
paid on condition that building would be conveyed to board held unconstitutional. ear
of building to board by city for annual rental which does not exceed budgEt for y
constitutional. (May 31, 1935.)

Hogan v. Lee Fiscal Court, ct al., 235 Ky. 100. Amount of indebtedness counties‘ titily
incur depends on how much revenue would have been raised by imposing £1111 ”0113,1955
tional tax rate and not actual revenue. County may fund legally created indebte Rees
by issuing bonds. Dissenting opinion given by Chief Justice Thomas and Judges
and Dietzman. (June 20, 1930.)

§ 158. Maximum Indebtedness of Cities, Counties and Taxing
Districts; Indebtedness Authorized or Incurred Prior to Commit:
tion. The respective cities, towns, counties, taxing districts, an
municipalities shall not be authorized or permitted to incur indebtt-
edness to an amount, including eXisting indebtedness, 1n aggrega
. . . e
exceeding the followmg names inaxmium percentage 011 the valut
. . n
of the taxable property therein, to be estimated by the assessmeh
. . ,- . 9
next before the last assessment preVious to the mcuriing 0f th
. . . . . e
indebtedness, VlZ.: Cities of the first and second classes, and 0f:
. . . . . en
third class haying a population exceeding fifteen thousand,

362

 i for such
“common
(June 23,

expendi-
aggregate
e floating
stitutional
was fund-

This suit
Judgment
zed. (June

nts issued
and which
nticipated
by which
eeded the
i8.)

itstanding
udget and
l proceeds

he county
ties which
ecause all
:vision for
aard’s un-

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t for pur-
L937.)

tounty, 268
at to year

:d of ed11-
ess.

e from 131'
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‘hirty-yeat
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nal. Lease
t for year

unties may
ll constitu-
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idges R995

, Taxing
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r indebt‘
ggregate
he value
sessmeflt
;' Of the
d of the
and, ten

Kentucky Constitutional Provisions Sec. 158

per centum; cities of the third class having a population of less
than fifteen thousand, and cities and towns of the fourth class, five
per centum; cities and towns of the fifth and sixth classes, three
per centum; and counties, taxing districts and other municipalities,
two per centum: Provided, Any city, town, county, taxing district
or other municipality may contract an indebtedness in excess of such
limitations when the same has been authorized under laws in force
prior to the adoption of this Constitution, or when necessary for
the completion of and payment for a public improvement undertaken
and not completed and paid for at the time of the adoption of this
Constitution: And provided further, If, at the time of the adoption
of this Constitution, the aggregate indebtedness, bonded or floating,
of any city, town, county, taxing district or other municipality in—
cluding that which it has been or may be authorized to contract as
herein provided, shall exceed the limit herein prescribed, then no
such city, or town shall be authorized or permitted to increase its
Indebtedness in an amount exceeding two per centum, and no such
county, taxing district or other municipality, in an amount exceeding
one per centum, in the aggregate upon the value of the taxable
PI‘0perty therein, to be ascertained as herein provided, until the
aggregate of its indebtedness shall have been reduced below the limit
herein fixed, and thereafter it shall not exceed the limit, unless in
case of emergency, the public health or safety should so require.
Nothing herein shall prevent the issue of renewal bonds, or bonds to
fund the floating indebtedness of any city, town, county, taxing
dlstrict or other municipality.

130,}iiivg’idwet a]. v. Board of Education of Harlan Independent School District, 311 Ky.

. 2d) 721. Wh ' ' ' ’

hon ( , ere a resolution provrding for school bond election stated

Edugaitihgouifl be callable at any time before maturity within discretion of board of

Providing’fooa'rd was Without authority to omit element of callability in resolution

DIiShment ofr issuance and had no right to sell non—callable bonds. Fact that accom—
iInes amountplégptilsoenfdor whicggchool improvement bonds were voted would cost four
_ . 1 . . .

Withén constitutional limistssue 1 not invalidate bonds, total amount of which came

“3' of Louisv‘ll ‘ ‘ '
(2d ‘ l 9, et a]. v. Board of Education of Lonlswlle 302 Ky. 647 195 S. W.
C1351. Zcihie Sefi. 162-090_(2) KRS, valid bonds of boards of education of first and second}
5 c arge against city. (June 21, 1946‘.)

BI
1n exczgscitft tlh Leet, 8t 81-, 297 Ky. 141. Where board of education made no expenditures

Dual d . . .Ose,shown by budget and floating indebtedness was the aggregate of an-
Ebte giggles/211885 lrtl tax collection, plus interest accumulated thereon, the floating in-
DFOVision Establ‘rfi)‘ incurred m excess of “income and revenue" within constitutional
able. (March 2415 11525 {nammum indebtedness and therefore the indebtedness was fund-
Bo ’ .’
of eduggogfnfldltlcanon of Kenton County v. Highland Cemetery, 292 Ky. 374. Board
Gard used funlds fspend funds for purposes for which they were voted or levied. Where
needed fer b S or genera1 purposes which were collected over and above what was

ecEmber 8.0%152 and did not pay bonds it cannot refuse to pay bonds when due, etc.

cation IggyigufidBrcclnm-idge County Board of Education, 276 Ky. 346. Board of Edu-
terest which it h a funded legal debt and add to the original debt the accumulated in-
1939.) as been unable to pay because of lack of income therefor. (January 17',

363

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

  

 

 

 

     

Sec. 165

 

Kentucky Constitutional Provisions

Arrowood v. Board of Education of Paintsviile Graded School District, 271 Ky. 812.
The board of education is limited in its annual spending to its budgeted revenue. The
board has the burden of establishing the validity of indebtedness. A proposed issue of
school bonds to fund an alleged indebtedness will be approved so far as such consisted of
final judgment in a bona fide suit against the school board. (March 24, 1938‘.)

Runyon v. Simpson, Mayor, ct al., 270 Ky. 646. “The lapse of eight years between
election authorizing bond sale and proposed issue of same did invalidate them if indebt-
edness is legal.” (Nov. 16, 1937.)

§ 165. Incompatible Offices and Employments. No person shall,
at the same time, be a state officer or a deputy officer, or member
of the Gene ‘al Assembly, and an officer or any county, city, town
or other municipality or an employee thereof; and no person shall,
at the same time, fill two municipal offices, either in the same or dif-
ferent municipalities, except as may be otherwise provided in this
Constitution; but a Notary Public, or an officer of the militia, shall
not be ineligible to hold any other office mentioned in this section.

Adams v. Com. ex rel. Buckman, Atty. Gen., 268 S. W. (2d) 930. Membershlp_0n
a county board of education was incompatible with the office of county election
commissioner, and a school board member who had accepted the office of county
election commissioner vacated his membership on the board by the acceptance of the
latter office. .
Knuckles v, Board of Education of Bell County, 272 Ky. 436. Position of super”?
tendent or assistant superintendent is incompatible with that of teacher in the public
schools. (April 21, 1938.) '
Policy v. Fortenberry, et al., 268 Ky. 36:). Constitution nor statutes prohibit holding
two state offices or employment at same time. Office of member of county board 0
education is not incompatible with maintenance supervisor of roads. (May 4'. 219370 59
Board of Trustees of Fairview Graded Common School District, et a]. v. Renfrorzb
Ky. 844. Principal of a school a state employee and not disqualified to be employed y
trustees even though he was a member of the General Assembly. (May 28. 1930-)

§ 169. Fiscal Year. The fiscal year shall commence on the first
day of July of each year, unless otherwise provided by law.

§ 179. Political Subdivision Not to Become Stockholder 1n Gor-
poration, or Appropriate Money or Lend Credit to Any Person, EX‘
cept for Roads or State Capitol. The General Assembly shall not
authorize any county or subdivision thereof, cit