xt7fj678wm1h https://exploreuk.uky.edu/dips/xt7fj678wm1h/data/mets.xml Kentucky. Department of Education. Kentucky Kentucky. Department of Education. 1948-06 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.), "Educational Bills Passed by the 1948 Session of the Legislature of Kentucky", vol. XVI, no. 4, June 1948 text
volumes: illustrations 23-28 cm. call numbers 17-ED83 2 and L152 .B35. Educational Bulletin (Frankfort, Ky.), "Educational Bills Passed by the 1948 Session of the Legislature of Kentucky", vol. XVI, no. 4, June 1948 1948 1948-06 2022 true xt7fj678wm1h section xt7fj678wm1h 0 Commonwealth of Kentucky 0

, EDUCATIONAL BULLETIN '

Educational Bills Passed by the
1948 Session of the Legis-

lature of Kentucky

Published by

DEPARTMENT OF EDUCATION

BOSWELL B. HODGKIN
Superintendent of Public Instruction

—

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. XVI June, 1948 No. 4

FOREWORD

The bills affecting education passed by the 1948 session of the
Legislature are given in full in this number of the Department
bulletin.

Decisions of the Court of Appeals of Kentucky which have
been decided since the 1946 edition of the Common School Law's
was published have been included. '

The 1946 edition of the school laws and this bulletin give a
complete school law reference.

BOSWELL B. HODGKIN
Superintendent of Public Instruction

TABLE OF CONTENTS

Page

Providing educational facilities for handicapped children ........................ 303
Changing name of Teachers Colleges ............................................................ 307
Eligibility for equalization ................................................................................ 307
Payment of tuition fees of certain students attending

institutions outside of Kentucky .............................................................. 308
Power of Governor to remove officers appOinted by him ........................ 308
Tuition for Junior Colleges ______________________________________________________________________________ 309
Publicly owned utilities ...................................................................................... 309
Relating to business enterprises for the Blind ............................................ 310
Textbook Commission ........................................................................................ 311
Sick leave for teachers ______________________________________________________________________________________ 313
Add territory of the county district to the independent district ............ 313
Provision for making records of papers by photographing, photo-

stating, and microfilming and disposing of the originals .................. 314
Pertaining to child labor and their employment ........................................ 314
High School services for war veterans .......................................................... 325
Licensing motor vehicles owned by governmental units .......................... 325
Amend Section 186 of the Constitution of the Commonwealth ................ 326
Junior Coneges and Teacher Retirement System ...................................... 326
Act relating to State boards and commissions and terms of the

members thereof __________________________________________________________________________________________ 327
Merger of Districts _________________________________________________________________________ ' _____________________ 3 29
Age of School Bus Drivers ________________________________ 330

Decisions of the Court of Appeals, Volume 302—Volume 307 ........ 331, 333

......... 307

........ 314
........ 314
........ 325
........ 325
....... 326
....... 326

....... 327

SUMMARY OF SCHOOL BILLS PASSED BY 1948 LEGISLATURE
Providing educational facilities for handicapped children:

Section 1. As used in this Act:

(1) “Physically handicapped children” means children of
sound mind between the ages of 3 and 21 years Who suffer
from any disability making it impracticable or impossible
for them to beneﬁt from or participate in the normal class-
room program of the public schools in the school district
in which they reside and whose education requires a
modiﬁcation of the normal classroom program.

(2) “Eiducable mentally handicapped children” means children
between the ages of 5 and 21 years who because of retarded
mental growth (as determined by recognized standardized
tests) are incapable of being educated proﬁtably and
efficiently through ordinary classroom instruction but who
may be expected to beneﬁt from special educational facili-
ties designed to make them economically useful and socially
adjusted.

(3) “Special education facilities” means special schools, special
classes, and special instruction. All special education facili-
ties shall be under the supervision of the Superintendent
of Public Instruction.

Section 2. The State Board of Education shall create a “Divi-
sion of Special Education for Handicapped Children,” within the
Bureau of Instruction in the State Department of Education sep-
arate from any other existing division, to supervise and direct a
state program of special education for physically and educable
mentally handicapped children of this Commonwealth. It shall be
the duty of this division to register all such children, to classify
types. of physically and mentally handicapped children who may
receive school instruction together, to recommend rules and regula-
tions for adoption by the State Board of Education, and generally
carry out the special program herein provided. This division shall
have a director and necessary assistants appointed by the Superin-
tendent of Public Instruction. No person shall be employed as
Director of the Division of Special Education for Handicapped
Chlldren who has not had thirty or more hours of graduate work,
at least twenty of which shall have been in the ﬁeld of special

303

education (or the equivalent thereof). The director shall have had
successful teaching or supervisory experience in at least one area
of the ﬁeld of special education, or otherwise be qualiﬁed for the
duties of this position on the basis of education, training, and
experience.

Section 3.

(1) The State Department of Education is hereby designated
as the agency for cooperation With the State and Federal
Governments, the approved treatment centers and local
schools of Kentucky in carrying out the provisions of this
Act. The State Board of Education shall make necessary
rules and regulations in keeping with the provisions of this
Actfor its proper administration.

(2) The State Department of Education is authorized to re-
ceive contributions and donations to be used in conjunction
with any appropriation that may be made to carry out the
provisions and requirements of this Act.

(3) Local supervision of special education facilities shall be
approved by the Division of Special Education for Handi-
capped Children according to rules and regulations ap-
proved by the State Board of Education.

Section 4. School boards of any school district may, subject to
any limitation hereinafter speciﬁed, establish and maintain special
educational facilities for physically or educable mentally handi-
capped children who are residents of their school districts, and, in
accordance with the provisions of Section 9 of this Act, who are
residents of other school districts.

Section 5.

(1) No physically handicapped child shall be allowed special
education facilities except upon a certiﬁed diagnosis of a
physical defect by competent and appropriate professional
authorities acceptable to the Superintendent of Public
Instruction.

(2) The Director of Special Education for Handicapped Chil-
dren, upon the approval of the Superintendent of Public
Instruction, shall prescribe rules, regulations and tests for
determining What children shall be classiﬁed as educable
mentally handicapped, and questionable cases shall be
decided by the director after adequate examination and
consideration of speciﬁc case histories.

304

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tion and

Section 6. No person shall be employed to teach any class
in any school authorized by Section 4 unless he holds a valid teach—
er’s certiﬁcate as provided by law and unless he has had such
special training as the State Board of Education may require. The
State Board of Education is hereby directed to develop plans for
the proper education of teachers of mentally or physically handi-
capped children and to prescribe and issue such standards and
regulations as may be necessary and reasonable for certifying
teachers and supervisors for exceptional children.

Section 7. The attendance officer of each school district shall
ascertain annually all children Within his district Who are physically
or mentally handicapped and shall report the same to the Division
of Special Education for Handicapped Children on forms provided
by the State Department of Education and according to regulations
prescribed by the Superintendent of Public Instruction.

Section 8. If in any district there are handicapped children
not able even with the help of transportation to be assembled in a
school, instruction may be provided in the child’s home, or in
hospitals or sanatoria. Children so instructed may be counted under
the provisions of Section 4, counting however, a minimum of two
hours of instruction by a teacher provided by the Board of Educa-
tion as equivalent to the attendance of one child ﬁve days in school.

Section 9.

(1) If a child resident of one school district, because of his
handicap attends a class or school for any of such types
of children in another school district, the school district
in which he resides shall pay to the school district main-
taining the school or class he attends, his tuition in a sum
equal to the per capita cost of educating normal children
in the district of his residence. If the normal per capita
cost in the school district maintaining such special educa-
tion services is greater than the normal per capita cost in
the district of the child’s residence, then the school district
which provides the special education to the child may
claim the difference as part of the excess per capita cost,
for the purposes of Section 11.

(J The school board of the school district in which any such
child resides shall pay for his transportation to the class
in the other school district, unless the school board of the
other district provides his transportation to the class, in

305

which case the cost of transportation may, for the purposes
of Section 11, be included as part of the excess per capita
cost in the school district providing the special education
i services.

Section 10. The local superintendent of schools shall present to
the Superintendent of Public Instruction an application of condi-
tional pre—approval of a plan for special education facilities to
handicapped children before the local school district shall be eigible
to receive state reimbursement for these special educational services.

Section 11.

(1) The board of education of a school district providing
special education facilities for handicapped children de-
scribed herein, shall include in its annual budget a sum
sufficient to provide such special education facilities, in-
cluding salaries for qualiﬁed teachers, maintenance and
transportation of pupils, special books and special equip-
ment, and other approved expenses.

(2) Accurate, detailed, and separate accounts of all monies paid
out for special education facilities for handicapped chil-
dren shall be kept by the local school district. The district
shall make an annual report thereof to the Superintendent
of Public Instruction, indicating the excess per capita cost
for each handicapped child for the current school year
over the ascertained per capita cost for normal children for
the same year. The report shall be accompanied by an
application for reimbursement of the excess per capita
cost, addressed to the Superintendent of Public Instruction,
and setting forth the plan of special education facilities
provided and maintained in accordance with this Act.

(3) Upon the approval, by the Superintendent of Public In-
struction, of the application for reimbursement, the Depart-
ment of Finance shall draw its warrant upon the State
Treasurer, in favor of the treasurer of the school district,

l for the amount of the excess per capita cost above the

l average per capita for the school district, as so determined,

computed, reported, and approved, but in no event to v
exceeed the sum of $275 per annum for each physically
handicapped child, or $125 per annum for each educable

mentally handicapped child. The State Treasurer shall pay

such warrants out of funds in the State Treasury that

have been appropriated for the purpose.

306

purposes
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providing
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ed by an
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(4) No school district may be reimbursed under this Act for
costs for which ﬁnancial aid is paid under any other Act.

Section 12. There is hereby appropriated to the Division of
Special Education, out of the General Expenditure Fund in the
State Treasury, as of the effective date of this Act, for the pur-
poses of administering this Act and reimbursing local school districts
as provided in this Act, the sum of $70,000, which shall be available
for expenditure during the balance of the 1947-1948 ﬁscal year and
during the ﬁscal years 1948-1949 and 1949-1950. Any unexpended
or unencumbered balance remaining of such appropriation at the
end of either of such ﬁscal years shall not lapse to the General
Expenditure Fund, but shall be available for expenditure during
the following ﬁscal year or years.

Section 13. Section 159.060 of the Kentucky Revised Statutes
is repealed.

Section 14. WHEREAS the lack of adequate educational
facilities for handicapped children threatens to impair their develop-
ment as useful citizens of this Commonwealth, an emergency is
declared to exist and this Act shall be in full force and effect
immediately upon its passage and approval.

Changing name of Teachers Colleges:

Section 1. Section 164.290 of the Kentucky Revised Statutes
is amended to read as follows:

The state colleges formerly designated as the state teachers
colleges Shall hereafter be known as the Eastern Kentucky State
College, located at Richmond, Kentucky, Western Kentucky State
College, located at Bowling Green, Kentucky, Murray State College,
located at Murray, Kentucky, and Morehead State College, located
at Morehead, Kentucky, and under such names are recognized as
established and maintained.

. Section 2. Section 164.310 of the Kentucky Revised Statutes
1s amended to read as follows:

There shall be a board of regents for each of the state colleges,

to be known as the Board of Regents of the ................................. State
College.

Eligibility for equalization:

Subsection (1) of Section 157.053 of. the Kentucky Revised
Statutes is amended to read as follows:

307

(1) Any board of education that has had its budgets and
salary schedule for the ensuing school year approved by the State
Board of Education, whose ratio of assessed valuation of property
to fair cash value is equal to the average ratio throughout the state,
as certiﬁed to the State Board of Education by the Kentucky Tax
Commission, and has levied for school purposes a tax at the maxi-
mum rate permitted by law, shall have the privilege of applying
for aid from the equalization fund.

This Act shall take eﬁ'ect on July 1, 1949.

Payment of tuition fees of certain students attending institutions
outside of Kentucky:

Section 166.170 of the Kentucky Revised Statutes is amended
to read as follows:

The State Board of Education shall prescribe rules and regula-
tions governing the granting of aid under KRS 166.160. The tuition
and fees shall be ascertained by the Superintendent of Public
Instruction and paid upon his requisition out of funds appropriated
for that purpose. If the funds appropriated for the purpose in any
year are insuﬁ’icient, the State Board of Education may prorate
the funds among the persons whose applications are approved. Not
more than $500 shall be allowed to any person under the provisions
of this section and KRS 166.160 during any one school year'of nine
months.

Power of Governor to remove officers appointed by him:

Section 63.080 of the Kentucky Revised Statutes is amended t0
read as follows:

(1) Except as provided in subsection (2) of this section and
otherwise provided by law, any person appointed by the
Governor, either with or without the advice and consth
of the Senate, may be removed from office by the Governor
for any cause the Governor deems sufficient, by an order
of the Governor entered in the Executive Journal removing
the officer.

(2) Members of the Board of Trustees of the University Of
Kentucky, members of the Board of Regents respeCtiVer
of Eastern Kentucky State Teachers College, Western Kell-
tucky State Teachers College, Morehead State Teachers
College and Murray State Teachers College may 110t be
removed except for cause.

308

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Tuition for junior colleges:

That Section 165.230, Kentucky Revised Statutes, be repealed
and re-enacted to read as follows:

The board of education of any city of the second class that
establishes or acquires a municipal junior college pursuant to Ken-
tucky Revised Statutes 165.210 may, for the purpose of supple-
menting the tax provided in Kentucky Revised Statutes 165.220,
charge each pupil attending the college an annual tuition fee of
not more than $200.00. The tuition fee shall be collected by the
treasurer of the board of education and placed to the credit of the
board of education college fund, and shall be used for maintaining
and operating the college.

Publicly owned utilities :

Section 1. Each board of education of a public school district
in which is located the property or properties of a publicly owned
light, water, or gas plant may each year be paid by the governing
board of such plant from the proceeds of the sale of electrical
energy, water or gas an amount which shall not exceed that deter-
mined by multiplying the book value of the property or properties
of such publicly owned light, water or gas plant as of the beginning
of each year by the current tax rate levied for school purposes for
the school district in which such property or properties may be
located. “Book value,” as used in this section, means the cost of
tangible property plus additions, extensions and betterments, less
reasonable depreciation 0r retirement reserve, and “year” as herein
used shall mean the twelve—month period ending June 30. The book
yalue so determined shall be in accordance with standard account-
Ing practices. No payment may be made under this section except
pursuant to a resolution of the governing board of the plant, adopt—
ed by a unanimous vote of the members of the board.

Section 2. Amounts for any year, as provided in Section 1

of this Act, shall be paid to the board of education on or before
January 1 of each year.

Section 3. This Act shall not apply to any publicly owned

electric plant that is subject to the provisions of KRS 96.820.

Section 4. This Act shall be construed only as an enabling act
and shall in no Wise confer upon any Board of Education of a
Public school district authority to require this money to be paid to it.

309

Relating to business enterprises for the blind:

Section 1. A new section of the Kentucky Revised Statutes
is created, to be numbered KRS 163.035 and to read as follows:

(1) The Division of Vocational Rehabilitation in the Depart-
ment of Education, with the approval of the State Board
of Education, is authorized to establish a business enter-
prises program for the blind. In connection therewith, the
division shall be authorized to own, lease, manage, super-
vise and operate vending stands and other business enter-
prises for the use or beneﬁt of blind persons, in federal,
state, private and other buildings, provided however that
the total expenditure for the establishing of any new
enterprise shall not be more than twice the amount con—
tributed by the U. S. Government. The share of. the super-
visory and other expenses of this program to be charged
to each enterprise shall not exceed 3 percent (3%) of the
gross receipts of such enterprise above the amount of
$125.00 of gross sales per week, the ﬁrst $125.00 per week
being exempt from any such fee.

(2) In connection with this program, no fee or service charge
or any other type of payment shall be made to any COD}
pany, ﬁrm, or society, for supervisory, engineering 01‘
accounting services.

(3) All sums received by the Division of Vocational Rehabilita-
tion in the form of receipts from the operation of the Pro—
gram, or in the form of federal grants, shall be used for
the continuation of the program. Nothing in this Act iS
intended to authorize the Division to expend, or incur all."
obligation for, any sum other than has been speciﬁcally
appropriated by the General Assembly to such Division,
and other than is available through the revolving fund.

Section 2. Section 163.030 of the Kentucky Revised Statutes
is amended to read as follows:

The State Board of Education is vested with authority to carry
out the purposes and provisions of the Acts of Congress accePted
by KRS 163.020, and is given all necessary power and authority
to cooperate with the Federal agencies administering vocation?11
education and rehabilitation in carrying out the provisions of those
Acts. However, those powers shall be subject to the restrictions in
KRS 163.035.

310

l
l
Textbook Commission:
Section I. Section 156.260 Kentucky Revised Statutes is hereby
l Statutes repealed, amended and reenacted to read as follows:
£0110“: (1) The State Textbook Commission shall consist of the Super-
ie Depart- intendent of Public Instruction, two persons, each of Whom
ate Board at the time of appointment shall be a teacher or admin-
1ess enter- istrator in one of the state colleges of Kentucky, one person
‘ewith, the who at the time ofappointment shall be a teacher or
go, super- administrator at the University of Kentucky, one person
1eSs enter- from the State Parent Teachers Association, and eight
in federal, persons appointed by the State Board of Education. The
vever that term of appointment shall be four years and shall begin on
any new July 1, provided, however, that nothing contained herein
iount con- shall be construed to affect the tenure of oifice of persons
the super- serving on the State Textbook Commission at the time this
)6 charged ~ Act becomes effective.
;%) of the (2) The members of the State Textbook Commission shall be
amount of educators of high qualiﬁcations who are actually engaged
)per week in educational work in the state, and whose educational
qualiﬁcations are not less than graduation from a standard
'ice charge senior college, except, however, the member appointed
) any com— from the State Parent Teachers Association shall not be
Jeering or required to possess such qualiﬁcations.
(3) The members of the State Textbook Commission shall elect
_. one of their members as chairman and shall adopt rules
3911313111?“ and regulations for the procedure of the commission. The
of the 1310‘ Superintendent of Public Instruction shall be secretary of

for - - i
e used the comm1ss10n. 1

:his Act IS ;
incur any Section II. Section 156.310 Kentucky Revised Statutes is

Speciﬁcally repeeled, amended and reenacted to provide as follows:

1 Division, (1) The State Textbook Commission shall, not later than Jan-

ng fund. nary 1 in any adoption year, select and publish a list of

10 books in each subject, taking into account the needs of
the various types of school organizations. One of the books ,;
for each subject and grade so listed shall be the one on 3

d Statutes

:y to carry the uniform list for county school districts as provided in
S accepted KRs 156.820. Not more than two books for any subject and

authorltli grade shall be from the same person. If less than ten books
vocationa

in any subject and grade of sufficient merit to warrant
is of ”(110.56 them being listed are submitted, the commission may list
rictions 111 fewer than ten, but in that event it shall not list more

‘ 311

than one book for the same subject and grade from the
same person. The list, as soon as prepared, shall be sent
to the chief administrative officer of the various school
units of the state.

(2) The Board of Education of each independent school unit
embracing a city of the ﬁrst, second, third or fourth class
shall, upon the recommendation of its superintendent, and
not later than May 1 of any adoption year, select from
the list one book for each subject and grade to be used
as a basal text in its school system for a period of ﬁve
years, except that the Board may, upon recommendation
of its superintendent and by a majority vote of the entire
Board, adopt a basal text or the complete series of basal
texts from the uniform list adopted for use in county
school districts as provided in KRS 156.320.

(3) The books adopted by the State Textbook Commission shall
remain unchanged for a period of ﬁve years, except. how
ever, the State Textbook Commission may approve revisions
and supplements, and such approval shall not constitute
a change in adoption. Not more than one—half of the books
currently in use shall be changed at any one adoption
period, and such change of books shall be equitably dis-
tributed between books currently in use in elementary
schools and books currently in use in high schools. The

adoption periods shall be deemed to have commenced
in 1930.

Section 111. Section 156.320 Kentucky Revised Statutes is
repealed, amended and reenacted to provide as follows:

(1) The State Textbook Commission shall, not later than Jan-
uary 1 in any adoption year, adopt a uniform series or system of
basal textbooks for use in the public schools of the county school
districts and for the use of independent school districts. The com—
mission shall cause to be printed and send the list to the adminis-
trative officer of each school unit of the state. In making the adOP'
tion of basal textbooks, the commission shall designate the subjeCt
and grade for which the adopted book is intended, and not more
than one book shall be adopted for use in any one subject and
grade. The adoption shall be made for a period of ﬁve years WhiCh
shall be deemed to have begun in 1930.

Section IV. Section 156.330 Kentucky Revised Statutes is
repealed, amended and reenacted to provide as follows:

312

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(1) N0 textbook shall be used in any public school in Kentucky
as a basal textbook unless it has been approved and adopted by
the State Textbook Commission. Any change of textbook made by
the State Textbook Commission shall not become effective until
grades or classes of the respective school districts of counties or
cities have completed work for which the adopted book then in use
was originally intended. Nothing in this section shall apply to the
supplementary books that are needed from time to time.

Sick leave for teachers:

Section 1. For the purpose of this Act “teacher” shall mean
any person for whom certiﬁcation is required as a basis of employ—
ment in the common schools of the state with the exception of
superintendents, supervisors and attendance officers.

Section 2. Each district board of. education shall allow to,
each teacher in its common school system not less than ten days
sick leave during each school year, without deduction of salary,
provided he presents a personal affidavit or a certiﬁcate of a

reputable physician stating that he 'was ill on the day or days
absent.

Any days of sick leave not taken during any school year shall
accumulate and may be taken in any subsequent school year or
years, except that no teacher shall be entitled to take more than
twenty days of accumulated sick leave unless the district board
of education, in its discretion, authorizes a greater number of days
to be accumulated. Any district board of education may, in its
discretion, allow teachers in its common school system sick leave
In excess of the number of days prescribed in this section.

Add territory of the county district to the independent district:

Section 1. Subsection (1) of Section 160.045 of the Kentucky
Revrsed Statutes is amended to read as follows:

(1.) Whenever any territory in any municipality or any terri-
tOry which may become incorporated in any municipality, is located
in a county school district, the owners of real property in such
territory are given the right to demand of the board of education
oflthe county school district in which their property is located that
Sald property should be placed in and become a part of the school
district in which the greater part of said municipality is located

and embraced; whether said school district be a county or inde-
Dendent school district.

313

Provision for making records of papers by photographing, photo-
stating, and microﬁlming and disposing of the originals:

Section 1. Whenever the Governor, Lieutenant Governor or
any state administrative department, agency, commission or institu-
tion or the principal oificer thereof shall have, either in whole or
in part, any records or papers photographed, photostated, micro-
photographed, microﬁlmed or ﬁlmed and preserved for record, the
originals thereof may be disposed of or destroyed.

Section 2. Any reproductions provided for hereinabove shall
be deemed the originals of the records or papers for all purposes,
and any facsimiles, certiﬁed copies or reproductions thereof, or any
prints or enlargements of the reproductions shall be admissible as
evidence in any court or proceeding of this Commonwealth, and
shall be prima facie evidence of the facts set forth in and the con-
tents of the original records or papers.

Pertaining to child labor and their employment:

Section 1. As used in this Act, “gainful occupation” does not
include employment in farm work or in domestic service in a
private home, nor occasional employment by a householder in
connection with the household and not in connection with the
householder’s busineSS or occupation, such as grass cutting 01‘
carrying ashes or similar casual domestic tasks, nor the delivery
of newspapers on regularly scheduled routes.

Section 2. No minor under fourteen years of age shall be
employed, permitted, or suffered to work in, about or in connection
with any gainful occupation at any time.

Section 3. A minor who has passed his fourteenth birthday
but is under sixteen years of age may be employed, permitted 01'
suffered to work in, about or in connection with any gainful
occupation, except:

(1) He may not be employed during school hours unless he
has been found incapable of proﬁting by further instruc—
tion, as provided in Section 9 of this Act, and then only
i