xt754746t449 https://exploreuk.uky.edu/dips/xt754746t449/data/mets.xml Kentucky. Department of Education. Kentucky Kentucky. Department of Education. 1940-07 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.), "Kentucky Common School Laws 1940", vol. VIII, no. 5, July 1940 text Educational Bulletin (Frankfort, Ky.), "Kentucky Common School Laws 1940", vol. VIII, no. 5, July 1940 1940 1940-07 2021 true xt754746t449 section xt754746t449  


,0 Commonwealth of KentUcky '0










Published by Order of .the


Superlntcndent of Public Instruction










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

Vol. VIII July, 1940 No. 5














With Abstracts of the Decisions of the Court of
Appeals to and including Vol. 281, p. 230

Published by order of Hm

State Board. of Educalz‘on














This volume of school laws has been prepared in compliance
with Section 4384-18, Kentucky Statutes, which makes it the duty
of the Superintendent of Public Instruction to prepare for publica—
tion of the State Board of Education the complete school laws of the

This compilation has been prepared by Gordie Young, Assistant
Superintendent of Public Instruction, and includes all sections of the
Statutes relating to the school laWs of the Commonwealth, including
the Acts of the General Assembly of 19-10. The decisions of the
Court of Appeals have been arranged immediately following tllt‘
sections to which they are. most closely related. Some of the deci-
sions may not apply to the specific wording of the section but they
are so applicable in whole or in part as to furnish valuable informa-
tion in the proper interpretation of the specific section.

This volume has been indexed both with reference to the sub-
ject matter and sections of the Kentucky Statutes, It is the WW
erty ot' the Commomvealth of Kentucky and is published as a hand-
book to aid school officers, as well as all others interested in school

SuperimGallant of Public Instructm“

June 1, 1940.










if the

)f the
‘f the
g the
; they

(3 sub—








I Constitutional Provisions ........ Page
H General Provisions ---------------------------------------------------------------------------- 263
HI School Fund ---------------------------------------------------------------------------- 272
I ________________________________________________________________

:7] State Board of Education ------------------------ 293
V Supermtendent of Public Instruction - ---------------- 297

I School Districts --------------------------------------------------- 300
V ..............................................................
VIIIII COmpnlsory Attendance --------------------------------------------- 309

Certlfication of School Employees -------------------------------------------------------- 366

IX Teachers ----------------------------------------------------------------------- 380
XX Teacher Retirement -------------------------------------

1 Vocational ..............

Education and V ' '
. ocat1onal R ' ‘ '
:11 H1ghe1~ Education ehablhtatlon -------------------------- 418
III """"""""""""""""""""""""""""""""""""""""
XIV State Textbook Commission ---------------------------------- 422
Free Textbooks -------------------------------------------------------------- 451

XV ___________________________________________________________________ 458


E1112111011 B (j 1 - t“ f . I[' h . '
g 1111(11ng 01181110 1011 01 1 1g Ed “Cal 1011 .... 46
81 ..._..... ...l..‘ 3













. «'--




gious se1
mode of ‘
son be co
port of a
send his
posed; 211
be taken
his belief
human 3
with the :

law until
it was pa
renee of ‘
General 1
nals an a
but the N
set out at
neither am)

when returr
‘ merge]

to provide :
See. 5

Stone v.
exclusively 1
re uting to (

See. ‘

sioner of r





Sec. 5, Ky. Const. Freedom of Conscience; Church and. State;
Education.——No preference shall ever be given by law to any reli-
gious sect, society or denomination; nor to any particular creed,
mode of worship or system of ecclesiastical polity; nor shall any per-
son be compelled to attend any place of worship, to contribute to the
erection or maintenance of any such place, or to the salary or sup—
port of any minister of religion; nor shall any man be compelled to
send his child to any school to which he may be conscientiously op—
posed; and the civil rights, privileges or capacities of no person shall
be taken away, or in any wise diminished 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.

Sec. 55, Ky. Const. Law; When to Take Effect; Emergency
Clause—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 concur:
11131100 Of a majority of the members elected to each House of the
General Assembly, by a yea and nay vote entered upon their jour-
Eals an act may become a law when approved by the Governor;
Silltliilfaltelefilolilfm the emergency that justifies this action must be

. D 1 1n the Journal of each House.

Distfi'cctkeéezefiKal. v. B‘oard of.Tr'.ustees of _Er|anger‘ Consolidated Graded School

“Either ’RDDI'OVy.’ 312: School ellsu‘ " have liens on personal pl'iipm'ty. If Governor

When returi ‘Ies 1101 disapproves act With emergency clause it becomes elfective
Emer~ ltic to Secretary of State’s Office.

0 providiegfifiusLatute declaring im’ulequncy of existing remedies and intention

l'eh'oaetivdgv ional iemeflies ior collecting school taxes held intended to apply


See. 59, Ky. Const. Local and Special Legislation? Limitatims
pon.~The Gener

em . al Assembly shall not pass local or special acts
ICG.‘ - r .3 l ,1 - - . . . '
pm 111mg an) Ol the ,lollownig subjects, 01- lo . any of the tollowmg
'mu - 7. .7 ,

s 1 1 “7 Hamel) . T0 provnle for the management of common
leiools. (Subsec. 25.)

Stone v -
G¥0lus1m1y ltgvslllseo-p’lmg Ky. .423, 43 S. W. 397. Local or special legislation applies
Elstmguished ”011911311121Slzfut'tltculartplaces, or special or particular persons, and is
‘eati . , ‘ C1111 0 1n enrerl t i \ 0W1 '5': ‘ ‘ s 2': ,' l 1
mg to Llafises of persons or subjects. 0 )e he IL] 11 in its 0pm Llion and th 1’:

Siongecf 91, _Ky. Const. Treasurer; Auditor; Register; Commis-
° Agrlculture; Secretary of State; Attorney General; Super-

















intendent of Public Instruction.—~A treasurer, auditor of public ac-
counts, register of the land office, commissioner of agriculture, labor
and statistics, secretary of state, attorney-general 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 citizen 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.

See. 93, Ky. Const. Officers Ineligible for Succeeding Term;
Duties; Inferior Officersfl’l‘he 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-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 specif—
ically provided for in this constitution, may be appointed or elected:
in such a manner as may be prescribed by law, for a term not exceed-
ing four years, and until their successors are appointed or elected
and qualified.

Sec. 152, Ky. Const. Vacancies in Office; How Fiiied.~Ex0é1)t
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 electiol1 at
which either city, town, county, district or state officers are to be

elected, the office shall be filled by appointment for the remainder

. . . ,. a l-
of. the term. If the unexpired term Will not end at the next succCCC
ing annual election at which either city, town, county, distilc:T

be '01'9

state officers are to be elected, and it' three months intervene
said succeeding annual election at which either city7 110W“, 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. it three months (l011‘lt
intervene between the happenings of said vacancy and the 119Kt 5110'





ceeding E
are to be
second Sl
trict or .5
term ren
the regr
than a e
other ap
person s
but vac:
manner ,

tion of S
the elect
tions. t
except a

shall no
the tax;
ing‘ less
on the 1
than tei
lars ($1
on the]
city, to
such y<
Hess co
such 0(
shall s1


 ic ac-
at the
t four
3 time
ate at
ets ot'
)f the
rs are

l have
3 shall

1f the
tion ill
a to he
rict 01‘
lled bl"
‘0 filled
do 1mt
ixt suc-


ceeding 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, dis-
trict or state officers are to be elected; and then, it 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, or for districts larger
than a county, shall be filled by appointment of the Governor; all
other appointments shall be made as may be prescribed 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
manner as may be provided by law. See Secs.1521, 3758, Ky. Stat.)

Sec. 155, Ky. Const. Sections 145 to 154 Do Not Apply to Elec-
tion of Sohool 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 elec-
tions. Said elections shall be regulated by the General Assembly,
except as otherwise provided in this Constitution.

See. 157, Ky. Const. Tax Rate; Indebtedness; Submission of
Question to Voters—The tax rate of cities, towns, counties, 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
fill-50) on the hundred dollars ($100.00) ; for all towns or cities hav—
1112‘ less than fifteen thousand and not. less than ten thousand, one dollar
on the hundred dollars ($100.00) ; for all towns or cities having: less
than ten thousand, seventy-five cents (750) on the one hundred dol—
3315:1133? imid $011,001.11]th and taxing districts, fifty cents (50c)
City towH er ( o ais; unless it'should be necessary to enable such
Dl‘m’ril ( scounty, or taXing' district to pay the interest on, and
b (e a Sinking fund for the extinction of. indebtedness contracted
“iii: gliihadgption of this Gonstitution. No county, city, town,
Inlttea450592;};:)1 other muiiic1pality shall be authorized or per-
HIHOunt cxgeedijfndl‘ldebtedvIn any manner or tor any purpose, to an
Such year {V1315 shrill}: year, the income and revenue provided for
Veting at, :m 910 u, ie assent of two-thirds of. the voters thereof,

,ction to be held tor that purpose; and any indebted—

lless coi - - , - . . .

Such ltfacted in Violation of this section shall be veid. Nor shall
’ COII'“ ' .- , .
sh ldct be eiiiOiceable by the person with whom made: 1101‘

all such ' ' -, -
municipality ever be authorized to assume the same.


























‘ l. 279 Ky. 413.
' 'tlzens Bank, at a , ‘1 fedu-
ducatlon v. CI ‘ \, (-ounty beam 0
Rowan County 309?: 'Ofle EL vl‘fllmSPd bond lssiloth: ilslsiuc of bonds of $62,500
This suit tests thte VfaltlhuleI‘Vlowor court affirmed :md ., “T mts
1 - . Judgmon 0 , _ K ' 481. an“.
fszugggreby approved. 1n County Board Of Educxa‘tifziisrg7fif lzlml'd of educatlmi
Citizens' Bank V. ngcV't“ rs rmv gm'Lq-nmonlul L\1 ”1.0 irm'enuc that cqnld be
iqsuea over (1111)“11‘iddivitl‘fi > “It“ lll'ilvl‘ “Idol’hifli'i‘ \u‘llid Obligations “11011118211021
which (1g 11!). _ '. 11-tiL‘ulnr )"L‘lll', _ . - n“. \“dlid. reg-nit L,” .1
iiiigfully illlilcll):ltltd] 1:711\\'1111i:;111)ivzli'l'élllts “"3“: 1L11i\1‘”]:-(.33m\111[I'm the year m “mull
and home 11. iiiit’tfif iiidc (*KL'L‘L'dL’Li UIL‘ LlllLl(fll).lLLL , K 654 If 0m-
» er 1111101 4. ‘ 272 y. I
irriligétlixtrns cxoentod- Oldham County Board of. ‘E‘Flil’l’fl?ttill(‘)l'1‘)ilit}(1 Immme as $119???
AbettYIelttalliux; Who“ (IIWILHVI did “IMViEIA‘ilL inn-poses, funding bonds 111.1)
. Lnding i11(o> c1 .1 .' unendt‘d far i“ . . I , 05S?
it? bucget1 and 111211331111‘91‘1‘51fi}mam-non (161 Slaii‘iell‘ildél;$((1l(ny. 483. The D351“ ($311?
issued ”m DI'OCOCB‘ 5rd Of Education V' C .1 . ni-e to holding {‘01'1301'11 '15 not
scatt county 0 ‘ . Viding for 601“”? . ment ()1 bondsV W.
. lucauon pio ‘ ., ‘ I to serule WW ' nt of bonds
int bomd of et 1 . - . v moltoageL _H 1‘ for Inn/me ‘
ggiiesywhich were to 'b‘uei-(tilgisvbwerc faintly snngtft “$111111le bondholders 1f annual
invalid because gill I”1:131;refunding; of any linxezlrficomé. 2 comm
or because Drovmlpnlt'u'd’s unencumbered .mml‘t et al., 2701 Ky. .27 ,1 t vhich
payment was WIRHHCASMY‘VSCPWOI supermten‘iegf'the independent d1st11e \
‘Balefs ednt‘iiit‘ion should-assume 111debtednes, hOOI District, at all,
bomd O “ [of county district. . intsville Graded Sc, (mess.
becomes pm; v Board Of Education otfl Pa 'tlidity of floating indebécen of Jackson
Arrowoo I 1 termine 10 V. J of Educa Io ,_ to
at cammt (e t I VI Boald ' '(‘hOOl sue
269 KY, 464—. C0111 Jackson County, 8 _a. . 1101'izcd 10 corney s lundmg'
FiSCaI Court Of , ‘1 01' Education {Lu 1 Itirm of school )- n
258' Don” ' ‘ ' fin'LnLte mmstluL _ n of Jackso
County, 269 Ky. ' ’ ' sum" bonds to L ‘d of Educatlo , me
.. . 1140.50 01 15.. r. ' v. Boa] v. U V conumm
fiscaéigggitéghr]? 01f JaCkson co’turrt‘diiytoedczfle 1L buildmgInlwniiiiifin31181188 for one
336- This con 1; ‘ ' 11 he rmncdicd 1y 1 1 \
County, 268 Ky. ‘ 1 is illegal. IL um( 71 Board
. 11 year to yem anL _ . L 268 Ky. ._ -
£16311” Board Of Education Of J0hrscirllsct‘iJUiiLEiltindtvalidly created indebted
Meade V. " ' thority to issue 101 (1 , . h arose
uc'ttion has legal (Lu 9. Debt “dine. :1
gigs? c Education of Bell County, 2f11-(iflhii'1y37sL-hool (mm? $51315-
Lee v. Boalid {gimme in value of I”wiperthltlilnriycd to fund suchzéfir 1%]th
from unexpectcc t Ac Ends v-lliditv of bums m , A t al. 260 Ky. . ‘unm
. ., - , ~1
' i "1 Of educa 10' ' 11011111. 111 exces, , ‘e
in Whmh a boa” 1 buildmg, 1‘01 an EU Rules m
- ction of a schoc _ ' w. 409- ”my
Ziiirgiiet year, was inynlnéo v. Caldwell, 196 Ky. Esbffiesmvcnue of a Co
I Durrett Construatlletnfm‘ itsecrtaining the 2111101111 5 . 1 btedness OH'
laid dan by 11116 C 77. The outstanding unlc incurred In
for a glven yem. K 135 238 S. W. 1. \h ya that may )6
Fall V. Read, 194;:iddi‘ed iii determining“ Indff‘btctl (31. 170 KY. 527,
city is not Edie 931%11i1311 the city forms FL mebck Graded Schoolhe income ‘1‘”;
a school dlsm“t anrd of Trustees of littleL debt greater than (i h in WOW?“
Flanders V- unicipality Oren. es . , . tors the sum I» myflbe
I WI 506' If a n?" 10 nsscntfif the ‘0 I :Y ‘nstnlhnents, 1
32391811113 for SUCh 115311g1‘11tt1111reutmtilount is d1v1ded 1n equal 1
11s section, a 1
gfsgries of years.

. . ed. ISSua
158 Ky Const. Indebtedness; Linnt of é'lli-viustricts, and
dSBC. The, respective cities, towns, counties, inxnia

Bon s.— v, , . .

. ed.
- _ ‘ - Indebi
’ ’ ‘ ' i (1 t0 111C111
. V ‘ zed 01 13611111110 en'flfC
' . l ' 11811 11013 be 2111111101] E
11111111C1p311t108 S




. 10.011-
] Is ' ‘ ' ‘ USS 111 till} 1 by
98') t( 11 ‘111101111t 1110111di11g 0X111t111g Indethdll t , n th value 0
0 0KO‘ ) ( i, ' 1? ’ 1‘10'13. 0 v,
11 (”110- Hm f0110\\7111g 11L 1110(1. 111E11X111111111 p 11391111 I... (lg ' q“; Ht 110,31
”X: e b J V r . e ‘ ' i (1 1V 1 10 ( n56“ 9
'7 ' ‘ ' 1'0 1) . 6517111121, 0
' " ' 1C1 1.3 t11£10111, ,
111 . iakdble 11101 .


before th

mess, viz.

having 21
cities of t
sand, and
and town
ties, taxi1
vidcd, A1:
may cont:
same has

of this C.

and paid


the gig-gm
county, t;
it has bee
exceed th,
other 111111
Hess shall
after it s]
DHinc he;
vent the i:
tcdncss ol

Board 01
Taxes collec
paying intei

of Educatioi
812. The I)
revenue. Tl
so far as su1

between eleL

iem if indt

Sec. 1
shall, at th
91‘ 0f the
01‘ Other 11:


(y. 413.
of edu-
T $62,500

:onld he
1 Hell,
'dless of
ii which

If out«
5 shown
may he


n of the
on proli-
was not
3f lionds
E annual

ct which

,et a|.i

1 site 10
for one


ch ai‘OSO
t held a

ear until
a uncali-
does not

iinilar to
be same
f Justice
on being
1 expand
ilssioll 0
-aiscd h"
nay fund
;iven bl’
to secure
5 for the

Rules (“‘9
a. count.V

ness of if
.u1-1~e(l lll‘

. 627i
:odie ”."d
ayable “1

isual 0f
:ts, and
mine 0f
nt 110“


before the last assessment previous to the incurring ol’ the indebted—
ness, VlZ.: Cities of the first and second classes, and of the third class
having a population exceeding fifteen thousand, ten per centum;
cities of the third class having a population of less than fifteen thou—
sand, and cities and towns of the fourth class, five per centum; cities
and towns of the fifth and sixth classes, three per eentum; and coun-
ties, taxing districts and other municipalities, two per centuin: Pro-
vided, 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, It, 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, including 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 eentum, in the
aggregate upon the value of the taxable property therein, to be
ascertained as herein provided, until the aggregate of its indebted—
miss shall have been reduced below the limit herein fixed, and there-
atter it shall not exceed the limit, unless in case of emergency, the
Public health or safety should so require. Nothing herein shall pre-
vent the issue of renewal bonds, or bonds to fund the floating indeb-

te i . v * ~ Y _ . . . . .
(Floss of any City, town, county, taxing district or other inuiiiCi-
pa ity,

B .
Taxe§912cllggtE1d=Jcatlon of Kenton County v. Louisville & N. R. Co., 280 Ky. 650.
paying- int ‘9} JV Subdistriet bond issue cannot be used for purposes other than
Whitwglgit on retirement of bonds.
of indium;1 1Y- Ereckmridge Caunty Board of Education, 276 Ky. 346. Board
“Culllllllated inlidi" ielund adunded legal debt and add to the original debt the
therefor eiest which it has been nimble to pay because of lack of income

rAi‘r .
812. Tlolbvoligrilfl mam of Education of Paintsville Graded School District, 271 Ky
revenue, Thlg igloideducation is limited in its annual spending to its biugeted
ADI‘Oiiosed issu Alf has the burden of establishing the. validity of indebtedness.
so far as Such Ce 0‘, school bonds to fund an alleged indebtedness will be approved
board onsisted of a final Judgment iii a homo. fide suit against the school

Ru -
hetw ”W“ V- S'mpson, Mayor, et al., 270 Ky. 646. The lapse of eight years

een eleetin . .
them 1 n anthem/ling bond sale and proposed issue of same did invalidate

't indebtedness is legal.

Shah’s“?- 165, Ky. Const. Incompatible Offices; States—No person

her 023:1 the same time, be a state officer 0 ' a deputy officer, or mem-

01' oth 10 General Assembly, and an officer of any county, city, town

mummpahty, 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 oit'ice mentioned in this section.

Knuckles v. Board of Education of Bell County, 272 Ky. 436. Position of super-
intendent 0r assistant superintendent is incompatible with that of teacher in the
public schools.

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

Board of Trustees of Fairview Graded Common School District, et 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.

Sec. 180, Ky. Const. Purpose of Levy to be Stated—The Gen-
e‘al 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 01'
local legislative body levying: a. tax shall specify distinctly the pur-
pose for which said tax is levied, and no tax levied and collected for
one purpose shall ever be devoted to another purpose.

Superior Coal and Builders Supply Company v. Board of Education of Dayton
Ky., 260 Ky. 84. Landowner could not recover from the board of education fol
damages alleged to have been caused by heavy rains in the absence of allegation
of negligence of the school board.

Sec. 183, Ky. Const. Common Schools to be Provided fen—The
General Assembly shall, by appropriate legislation, provide for an
efficient system of common schools throughout the state. (See Sec.
4363-1, Ky. Stat.)

Board of Education of Galloway County, at al. v. Talbott, AUdlto" 0f F‘Hb":
Accounts, 261 Ky. 66. Held unconstitutional to pay equalization money (Q teaLhelI-l
because constitution required money for payment of teachers to be distributed 0
census of pupils.

Sec. 184, Ky. (Joust. Fund Set Apart for Common Schools;
Taxation for A. & M. College—The. bond of the COmmonwealtll
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 Commomvealth in favor of the board
of education, and this bond and the seventy-three thousand five hun-
dred dollars ($73,500.00) of the stock of the Bank of Kentucky, held
by the board of education, and its proceeds shall be held inviolate
for the purpose of. sustaining the system of common soliools. W
interest and dividends of said funds, together with any sum which
may be produced by taxation or otherwise for purposes of comm
school. education, shall be appropriated to the common schools and to
no other purpose. No sum shall be raised or collected for education

. . . . . .. ' '. -1-
other than 111 common schools until the question of taxation 1b bl





until cl


statute :
conned t

131 S. W
. City
tlon of
by a lie]

_ Mcln
1n additi

307; El”!
lative (1i:

Lee. 153
assent 01

for the
for the
sale of
ment, 1"
tions, a
Bank 0

school j
called f
Of six p
they 211-
(See Se



1e or dif-
d in this
.tia, shall
3 section.

n of super-
ther in the

es prohibit
member of
oervisor of
et at. v.
lifted to be
the Gen-
to levy a
nce and
board 01'
the pur-
zcted for

of D a Yton v
lention tfil‘

e for all
See Sec.

of public
o teachers
ributcd on

; million
1’0 board
ive hun-
k)‘, held
ls. Th“
n which
s and 10
1 is sub—


mitted 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 main-
tenance of the Agricultural and Mechanical College, shall remain
until changed by law. (See. 42370-1, Ky. Stat.)

Pollitt v. Lewis, et al., 269 Ky. 680. State Constitution does not permit

Statute authorizing boards of education to establish junior colleges and require
euuncn to levy tax to puy for its operation.

Louisville Banking Co. v. Com., 142 Ky. 690; Com. v. Thomas, 14 Ky. 789,
131 S. W. 797. Although the title to esehouted property is vested in the Common-
wealth, See. 2078n—27, of the, Kyi Stuts., provides that the school board may take
possession for benefit of t-ommon schools.

. City of Newport, ex parte, 141 Ky. 329, 132 S. W. 580. It was held that the
Indebtedness 0f the board of education in u. t-ity ol‘ the second Class is not :1 por-
tlou ot the. indebtedness of the t-ity, sinee the bonded indebtedness is secured
by a lien upon the sehool property.

_ Molntire v. Powell, 137 Ky. 477. Poll taxes may be levied for school purposes
in addltion to those levied for general ('ounty purposes.

Prowse v. Board of Education for Christian County, 134 Ky. 365, 120 S. W.
307: Elliott v. Garner, 14 Ky. 157, 130 s. w. 997. This set-mm leaves to logis-

lstftlveldiseretion the best method of providing for an efficient system of common

Brown v. Board of Education, 22 R. 483, 108 Ky. 783; Board of Education v.
Leét 153 Ky. 661., 156 S. W. 375. ’l‘rustees have no power to levy :1 tax for school
Dllllmses ext-ending in one year the ineome 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,
101‘ 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
IllVested by the sinking fund commissioners in other good interest-
hearnig stocks or bonds which shall he subject to sale and reinvest-
ment, trom time to time, in like manner, and with the same restric—
UODS, as provided with reference to the sale of the said stock in the
.1 , - . r
Lanh of, Kentucky. (Soc Sec. 4370-], by. Stat.)

. Sec. 186, Ky. Const. Distribution of Fund; Surplus Due Coun-
tles.l~Eacli county in the Commonwealth shall be entitled to its pro—
DOTUOH of the school. fund on'its census of pupil. children for each
301100] year; and if the pro rata share of any school district be not.
called for after the second school. year, it shall be covered into the
“1‘3““? 311d be placed to the credit of the school fund for general
aPDOI‘tIonment the following school year. The surplus now due the
seth‘al counties Shall remain a perpetual obligation against the Com-
monwealth for the benefit of said respective counties, for which the
Commonwealth shall execute its bond, bearing- interest at the rate
. centum (6%) per anmun, paying annually to the counties
N‘specttvely entitled to the same, and in the proportion to which

til . - ‘ . . . .
ée.‘ 3‘10 entitled, to be used exclusively in aid o‘l‘ common schools.
( ee bee. 4370-4, Ky. Stat.)

of six per

























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.

James v. State University, 131 Ky. 156, 114 S. W. 767; James v. Board of
Regents for Normal School, 131 Ky. 156. An appropriation may be made for the
State University or the State Normal School without a submission to popular vote.

M. College v. Hager, 121 Ky. 87, S. W. 1125; Higgins v. Prater, 91
Ky. 6, 14 S. W. 910. Legislature may impose a tax in aid 01' educational institu-
tions not a part ol‘ the common sehool system. A. & M. College is not a part of
the common school system.

Superintendent of Public Instruction v. Auditor, 97 Ky. 180, 30 S. W. 404.
The legislature has consti