xt7ncj87md8f https://exploreuk.uky.edu/dips/xt7ncj87md8f/data/mets.xml Kentucky. Department of Education. Kentucky Kentucky. Department of Education. 1946-05 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 1946", vol. XIV, no. 3, May 1946 text
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0 Commonwealth of Kentucky 0

EDUCATIONAL BULLETIN

KENTUCKY
M“ LMON SCHQOL LAWS

1946

Published by

b? f ‘
\«N‘LDEPARTMENT OF EDUCATION

JOHN FRED WILLIAMS
Superintendent of Public Instruction

4—“

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. xw May, 1946 No. 3

PERRY PUBLISHING COMPANY

KENTUCKY

FRANKFORT,
PRINTERS TO THE COMMONWEALTH

OF KENTUCKY

FOREWORD

This volume of school laws has been prepared in compliance
with Section 156.240, Kentucky Revised Statutes, which imposes
upon the Superintendent of Public Instruction the duty of prepar-
ing for publication by the State Board of Education the school
laws of the Commonwealth.

This compilation of statutes and the annotations of court
decisions were prepared by Gordie Young, Assistant Superintendent
of Public Instruction. It includes school laws of the Common-
wealth, including the Acts of the General Assembly of 1946. The
annotated decisions of the Court of Appeals have been arranged
immediately following sections which they interpret. Some of
these decisions may not apply to the specific section which they
follow because of the fact that the whole of the Kentucky Statutes
was revised at the 1942 session of the Legislature. They are so
applicable, in whole or in part, as to furnish valuable information
in the proper interpretation of the speciﬁc section.

By referring to the tops of the pages, one may determine What
sections of law are included on the two pages.

This volume is the property of the Commonwealth of Ken-
tucky and is published as a handbook'to aid school officials as well
as others interested in school matters.

JOHN FRED WILLIAMS
Superintendent of Public Instruction

Sec. 55 Kentucky Constitutional Provisions

Sec. 55, Ky. Const. Law; When to Take Effect; Emergency,
Clause.~—No act, except general appropriation bills, shall becomea
law until ninety days after the adjournment of the session at which

it was passed, except in cases of emergency, when, by the concur,“M

rence of a majority of the members elected to each House of their
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 be
set out at length in the journal of each House. '

Ficke, et al. v. Board of Trustees of Erlanger Consolidated Graded: Schooli
District, 262 Ky. 312. School districts have liens on personal property. If Governor,L
neither approves nor disapproves act with emergency clause it becomes effective;
when returned to Secretary of State’s Office. ,

Emergency statute declaring inadequacy of existing remedies and intention

to provide additional remedies for collecting school taxes held intended to applyi
retroactively. (Jan. 24, 1936.) l
l

Sec. 59, Ky. Const. Local and Special Legislation; Limitations;

Upon.~The General Assembly shall not pass local or special actsi

concerning any of the following subjects, or for any of the follow-E
ing purposes, namely:

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

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

Stone v. Wilson, 102 Ky. 423, 43 S. W. 397. Local or special legislation
applies exclusively to special or particular places, or special or particular per-
sons, and is distinguished from the statute intended to be general in its opera-p
tion and that relating to classes of persons or subjects.

l 1

Sec. 91, Ky. Const. Treasurer; Auditor; Register; Gommis-i
sioner of Agriculture; Secretary'of State; Attorney General; Super-1
intendent of Public Instruction—A treasurer, auditor of public
accounts, register of the land office, commissioner of agriculture:
labor and statistics, secretary of state,attorney-general and super-
intendent 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 citizen 7
cf the state at least two years next before his election. The duties l
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 1
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.

(PC)

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Kentucky Constitutional Provisions Sec. 152

Johnson, Governor v. Commonwealth ex rel. Meredith, Atty. Gen.I 291 Ky.
829. State executive departments, boards, or commissions may he represented
by an attorney other than the Attorney General. (August 26, 1942.)

Sec. 93, Ky. Const. Officers Ineligible for Succeeding Term;
Duties; Inferior Officers—The treasurer, auditor of public ac-
counts, 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-election for
the succeeding four years after the expiration of the term for which
they shall have been elected. The duties and responsibilities of
these officers shall be prescribed by law, and all fees collected by
any of said officers shall be covered into the treasury. Inferior
state officers, not specifically provided for in this constitution,
may be appointed or elected, in such a manner as may be prescribed
by law, for a term not exceeding four years, and until their suc-
cessors are appointed or elected and qualified.

Sec. 95, Ky. Gonst. Time of Election—The election under this
Constitution for Governor, Lieutenant Governor, Treasurer, Auditor
of Public Accounts, Register of the Land Office, Attorney-General,
Secretary of State, Superintendent of Public Instruction, and Com-
missioner of Agriculture, Labor and Statistics, shall be held on the
first Tuesday after the first Monday in November, eighteen
hundred and ninety-five, and the same day every four years
thereafter. /

Sec. 96, Ky. Con‘st. Payment of salaries. All officers men-
tioned in section ninety-five shall be paid for their services by
salary, and not otherwise. ‘

Sec. 152, Ky. Const. Vacancies in Office; How Filled—Except
as otherwiSe provided in this constitution, vacancies in all elective
offices shall be filled by election or appointment, as follows: If the
unexpired term will end at the next succeeding annual election at
which either city, town, county, district or state officers are to be
elected, the office shall be filled by appointment for the remainder
of the term. If the unexpired term will not end at the next suceed:
ing 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

4,2: ,n v—L‘L'A_ _~.i <1

Sec. 155 Kentucky Constitutional Provisions

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succeeding election at which city, town, county, district 01' state
officers are to be elected, the office shall be filled bv appointment
until the second succeeding annual election at which city, town:

county, district 01' state officers are to be elected; and then, if 2111111.s
part of the term 1en1ains unexpired, the office shall be filled byE
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 dis
tricts 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 theiein may be filled at a special

election, in such manner as may be provided by law. See Secs.
K.R.S. 446.010, 61.020, 63.190.

Sec. 155, Ky. Const. Sections 145 to 154 Do Not Apply to Elec.
tion of School Trustees—The provisions of sections one hundred
and forty—five to one hundred and fifty—four, inclusive, shall not
apply to the election of school trustees and other common school
district elections. Said elections shall be regulated by the General

Assembly, except as otherwise prov1ded 111 th1s Constitutlon ~

|
See. 157, Ky. Const. Tax Rate; Indebtedness; Submission ofa
Question to Voters. —The tax rate of cities, towns, counties, taxing?

districts and other municipalities, for othei 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 01' more, one dollar and fifty cents
($1.50) on the hundred dollars ($100.00); for all towns 01' cities
having less than fifteen thousand and not less than ten thousand,

one dollar on the hundred dollars ($100.00) '; for all towns or cities 4

having less than tenthousand, seventy-five cents (75c) 011 the one
hundred dollars ($100.00) and for counties and taxing districts,
fifty cents (50c) 011 the hundred dollars; unless it should be neces-
sary to enable such city, town, county, or taxing district to pay the
interest 011, and provide a sinking fund for the extinction of
indebtedness contracted befme the adoption 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 yea, 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

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Kentucky Constitutional Provisions Sec. 157

be void. Nor shall such contract be enforceable by the person with
Whom made; nor shall such municipality ever be authorized to
assume the same.

Dodge v. Jefferson County Board of Education, 298 Ky. 1. The expenditure
by Jefferson County Board of Education,- for maintenance of a recreational plan,
of tax funds collected for educational purposes, common school purposes, and
the common 1211001 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 school purpose," and “common school system” em—
brace recreational training. (June 23, 1944.)

Blancett v. Leet, et al., 297 Ky. 141. \Vhere board of education made no
expenditures in excess of those shown by budget and ﬂoating indebtedness Was
the aggregate of'annual deficiencies in tax collc 'tion, 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 fundable. (March 24, 1944.)

Rowan County Board of Education v. Citizens Bank, at al., 279 Ky. 413.
This suit tests the validity of a proposed bond issue of the county board of edu-
cation. Judgment of the lower court affirmed and the issue of bonds of $62,500
is thereby approved. (June 23. 1939.)

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
and which (lid 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 out-
standing; 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, 2'70 Ky. 483. The plan of the
county board of education providing for conveyance to holding corporation prop-
erties 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 board's unencumbered annual income. (Nov. 5, 1937.)

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

Fiscal Court of Jackson County. at al. v. Board of Education of Jackson
County. 269 Ky. 258. Board of Education authorized to convey school site to
ﬁscal court for purpose of issuing bonds to ﬁnance construction of school building.
(June 15, 1937.)

Fiscal Court'of Jackson County, et al. v. Board of Education of Jackson
County, 268 Ky. 336. This contract to lease a building provides for continuance
from year to year and is illegal. It could be remedied by making lease for one
year.

Meade v. Board. of Education of Johnson County, et al., 268 Ky. 71. Board
3f education has legal authority to- issue bonds to refund validly created indebted—
ess.

Lee v. Board of Education of Bell County, 261 Ky. 379. Debt which arose
from unexpected decrease in value of property of county school district held a
valid obligation as regards validity of bonds authorized to fund such obligations.
(Nov. 19, 1935.)

DaVIs v. Board of Education of City of Newport, et al., 260 Ky. 294. Thirty-
year lease of school building to board on condition of paying $15,000 a year until
all rentals paid on condition that building; would be conveyed to board held uncon-
stitutional. Lease of building to board by city for annual rental which does not
exceed budget for year constitutional. (May 31, 1935.)

City of Frankfort v. Fuss, et al.. 235 Ky. 143., This case very'similar to
Hogan v. Lee Fiscal Court, et al., 235 Ky. 100, and was decided on the same
(133'. June 20, 1930. It contains the dissenting opinion in detail by Chief Justice
Thomas and Judges Rees a‘nd Dietzman. The county board of education being
purely an administrative body and without tax levying authority, can expend
Only such revenue as comes to it through the channels of law. It has no authority
to expend any sum over and above the amount that it obtains by submission of
its budget to the ﬁscal court. (June 20, 1930.)

Hogan v. Lee Fiscal Court, et al.. 235 Ky. 100. Amount of indebtedness
counties may incur depends on how much revenue would have been raised by
linposmg full constitutional tax rate and not actual revenue. County may fund
legally created indebtedness by issuing bonds. Dissenting opinion given by
Chief_.lustice Thomas and Judges Rees and Dietzman. (June 20, 1930.)

. B',”'"Q$ v. Bankers Bond 00., 199 Ky. 490, 251 S. W. 643. A certain contract
In Wthh a board of education under thc'guise of Reynolds, attempted to secure

Sec. 158 Kentucky Constitutional Provisions

current year, was invalid. _ _
Fall v. Read, 194 Ky. 135, 238 S. W. 177. The outstanding indebtedness on
city is not to be considered in determining indebtedness that may be incurred b]:

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the erection of a school building, for an amount in excess of the revenues for the:
l

a. school district of which the City forms a part.

Flanders v. Board of Trustees of Little Rock Graded School, 170 Ky. 627,
186 S. W. 506. If a municipality creates a debt greater than the income an ,
revenue for such year without the assent of the voters, the same is in violation
of this section, although the amount is divided in equal installments, payable ill
a series of years.

Sec. 158, Ky. Const. Indebtedness; Limit of Allowed; IssualolE
Bonds—The respective cities, towns, counties, taxing districts, and;
municipalities shall not be authorized or permitted to incuri
indebtedness to an amount, including existing indebtedness, in:
the aggregate exceeding the following named maximum percentage;
on the value of the taxable property therein, to be estimated by thei
assessment next before the last assessment previous to the incurringl
of the indebtedness, viz.: Cities of the first and second classes, and

of the third class having a population exceeding fifteen thousandk,’

ten 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,

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two per centum: Provided, Any city, town, county, taxing districlbv this C

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 necessar-
for the completion of and payment for a public improvement under-V
taken 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, bondelg
or floating, of any city, town, county, taxing district, or other
municipality, including that which it has been or may be authorized
to contract as herein provided, shall exceed the limit herein prt
scribed, then no such city or town shall be authorized or permittd

' 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 vahlf
of the taxable property 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 110‘?
exceed the limit, unless in case of emergency, the public health of -
safety should so require. Nothing herein shall prevent the issue of?
renewal bonds, or bonds to fund the floating indebtedness of all:
city, town, county, taxing district or other municipality.

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Kentucky Constitutional Provisions Sec. 179

Blancett v. Leet, et al., 297 Ky. 141. Where board of education made no
expenditures in excess of those shown by budget and ﬂoating indebtedness was
the aggregate of annual deﬁciencies in tax collection, plus interest accumulated
"hereon, the ﬂoating indebtedness was not incurred in excess of “income and
revenue” within constitutional provision establishing maximum indebtedness and
therefore the indebtedness was fundable. (March 24, 1944.)

Board of Education of Kenton County v. Highland Cemetery, 292 Ky. 374.
Board of education must spend funds for purposes for which they were voted or
levied. W'here board used funds for general purposes which were collected over
and above what was needed for bonds and did not pay bonds it cannot refuse to
pay bonds when due, etc. (December 8, 1942.)

Whitworth v. Breckinridge County Board of Education, 276 Ky. 346. Board
of Education may refund :1 funded legal debt and add to the original debt the
accumulated interest which it has been unable to pay because of lack of income
therefor. (Jan. 17, 1939.) _

Arrowood v. Board of Education of Paintsville Graded School Distrlct, 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 a ﬁnal judgment in a bona ﬁde suit against the school
board. (March 24, 1938.)

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

Sec. 165, Ky. Const. Incompatible Offices; StatevNo person
shall, at the same time, be a state officer or a deputy officer, or'
member of the General Assembly, and an officer of any county, city,
town or other municipality, or an employee thereof; and no person

K‘shall, at the same time, fill two municipal offices, either in the same

51' different municipalities, except as may be otherwise provided in
this Constitution; but a Notary Public, or an officer of the milita,
shall not be ineligible to hold any other office mentioned in this
section.

Knuckles v. Board of Education of Bell County, 272 Ky. 436. Position of super-

intendent or assistant superintendent is incompatible with that of teacher in the
public schools. (April 21, 1938.)

Polley v. Fortenberry, et al., 268 Ky. 369. Constitution nor statutes prohibit
holding two state offices or employment at same time. Office of member of
county board of education is not incompatible with maintenance supervisor of
roads. (May 4, 1937.)

Board of Trustees of Fairview Graded Common School District, at al. v.
Renfro, 259, 644. Principal of a school a state employee and not disqualiﬁed to
be employed by trustees even though he was a member of the General Assembly.
(May 28, 1935.)

Sec. 169, Ky. Gonst. Fiscal Year.—The fiscal year shall com-
mence on the first day of July of each year, unless otherwise

provided by law.

Sec. 179, Ky. Const. School District Not To Lend Credit Or
Become Stockholder in Corporation—The General Assembly shall
not authorize any county or subdivision thereof, city, town, or
incorporated district, to become a stockholder in any company,
association or corporation, or to obtain or appropriate money for,
or to loan its credit to, any corporation, association or individual,

. except for the purpose of constructing or maintaining bridges, turn-

pike roads, or gravel roads: Provided, if any municipal corporation
shall offer to the Commonwealth any property or money for

Sec. 180 Kentucky Constitutional Provisions

locating or building, 8. Capitol, and the Connnonwealth accepts such

offer, the corporation may comply with the offer.

Board of Education of City of Corbin v. City of Corbin, et al., 301 Ky. 686.
Section 179 Constitution prohibits city from givmg to the Board of Education of
that city certain of its income to be used for school purposes. For example: In-
come from municipnlly owned water and light plants. (February 26, 1946.)

Sec. 180, Ky. Const. Purpose of Levy to be Stated.——The
General Assembly may authorize the counties, cities or towns to
levy a poll tax not exceeding one dollar and fifty cents per head.
Every act enacted by the General Assembly, and every ordinance
and resolution passed by any county, city, town or municipal board
or local legislative body levying a tax shall specify distinctly the
purpose for which said tax is levied, and no tax levied and collected
for one purpose shall ever be devoted to another purpose.

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

Dodge v. Jefferson County Board of Education, 298 Ky. 1. The expenditure
by Jefferson County Board of Education, for maintenance of a recreational planhfﬂ

of tax funds collected for educational purposes, common school purposes, and/

the common 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 school purpose,” and “common school system”
embrace recreational training. (June 23, 1944.)

Begley, et al. v. George E. Burn 00., 293 Ky. 351. Validity of claim against
the board for school supplies was not challenged prior to time board entered into
agreement with seller to settle original claim. Board should be held to agree-
ment. (February 23, 1943.)

City of Ashland, et al. v. Board of Education of City of Ashland, 286 Ky. 69.
Where board of education issued school bonds in excess of amount found neces-
sary, application of surplus fund to payment of principal and interest is not
pé‘ohibited by Constitutional provision against diversion of tax funds. (March

, 1941.) ,

Sec. 183, Ky. Const. Common Schools to be Provided for;
The General Assembly shall, by appropriate legislation, provide for
an efficient system of common schools throughout the state. (See
Sec. 158.010 KRS.)

Sherrard v. Jefferson County Board of Education, at al., 294 Ky. 469‘. The
portion of the school law requiring that pupils attending private schools be given
the same transportation rights and paid for from public school funds as pupils
of the public schools. is unconstitutional. (December 18, 1942.)

Board of Education of Calloway County, at al. v. Talbott, Auditor of Public
Accounts, 261_Ky: 66. Held unconstitutional to pay equalization money to teachers
because constitutlon required money for payment of teachers to be distributed on
census of pupils. (June 11,» 1935.)

Sec. 184, Ky. Const. Fund Set Apart for Common Schools;
Taxation for A. & M. College—The bond of the Commonwealth
issued in favor of the board of education for the sum of one million
three hundred and twenty-seven thousand dollars ($1,327,000.00)
shall constitute one bond of the Commonwealth in favor of the
board of education, and this bond and the seventy-three thousand
five hundred dollars ($73,500.00) of the stock of the Bank of Ken-

.l,_. _

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Kentucky Constitutional Provisions Sec. 186

tucky, held by the board of education, and its proceeds shall be held
inviolate for. the purpose of sustaining the system of common
schools. The interest and-dividends of said funds, together With
any sum which may be produced by taxation or otherwise for
purposes of common school education, shall be appropriated to the
common schools and to no other purpose. N0 sum shall be raised or
collected for education other than in common schools until the
question of taxation 'is submitted to the legal voters, and the
majority of the votes cast at said election shall be in favor of such
taxation; provided, the tax now imposed for educational purposes,
and for the endowment and maintenance of the Agricultural
and Mechanical College, shall remain until. changed by law. (See
Sec. 157.010 KRS.) ' '

Dodge v. Jefferson County Board of Education, .298 Ky. 1. The expenditure
by Jefferson'County Board of Education, for maintenance of a recreational plan,
of tax funds collected for educational purposes, common school purposes, and the
common 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 school purpose,” and “common school system"
embrace recreational training. (June 23, 1944.) ,, ' .

Sherrard v. Jefferson County Board of Education, et al‘., 294 Ky. 469. The
portion of the school law requiring that pupils attending private schools be given
the same transportation rights and paid for from public school funds as pupils
of the public schools is unconstitutional, (December 18, 1942.)

Schuerman, et al. v. State Board of Education, et al., 284 Ky. 556. Boards
of education are authorized to pay out of public ,school funds annual member-
ship dues in the Kentucky Association of School Board Members. (May 10, 1940.)

Pollitt v. Lewis, et al., 269 Ky. 680. State Constitution does not permit
statute authorizing boards of education to establish junior colleges and require
council to levy tax to pay for its operation. (June 25, 1937.) .

Larue v. Redman, 168 Ky. 487, 182 s. W. 622. Legislature may provide a.
tax for common school purposes without submitting the question to legal voters.

Loulswlle Banking Co. v. Com., 142 Ky. 690; Com. v. Thomas, 14 Ky. 789,

131 S. w. 797. Although the title to escheated property is vested in the Common-
wealth, Sec. 297821-27, of the Ky. Stats, provides that the school board may take
possession for beneﬁt of common schools.
. City of Newport, ex parte, 141 Ky. 329, 132 S. W. 580. It was held that the
indebtedness of the board of education in a city of the second class is not a por-
tion of the indebtedness‘of‘the city, since the bonded indebtedness is secured
by a lien upon the school property. ,

Brown v. Board of Education, 22 R. 483, 108 Ky. 783; Board of Education v.
Lee, 153 Ky. 661, 156 S. W. 375. Trustees have no power to levy a tax for school
purposes exceeding in one year the income provided for such year without the
assent of two—thirds of the voters.

Sec. 185, Ky. Const. Common School Funds; Investment;
Interest on.——The General Assembly shall‘make provision, by law,
1” or the payment of the interest of said school fund, and may provide
for the sale of the stock in the Bank of Kentucky; and in-case of a
sale of all or any part of said stock the proceeds of sale shall be
invested by the sinking fund commissioners in other good interest-‘
bearing stocks or bonds which shall be'subject to sale and reinvest-
ment, from time to time, in like manner, and with the same restric-
tions, as provided with reference to the sale of the said stock in the
Bank of Kentucky. (See Sec. KRS 157.010.)

Sec. 186, Ky. Const. Distribution of school fund—All funds

Sec. 187 Kentucky Constitutional Provisions

accruing to the school fund shall be used for the maintenance of the
public schools of the Commonwealth, and for no other purpose, and
the General Assembly shall by general law prescribe the manner of
the distribution and use of the public school fund for public school
purposes. Provided that each school district in the Commonwealth
shall receive on a census pupil basis its proportionate part of at
least ninety per cent of any fund accruing to the school fund. The
remainder of any fund accruing to the school fund