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KENTUCKY
COMMON SCHOOL

LAWS
1950

Published by

DEPARTMENT c: F 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. XVIII June, I950 No. 4

KENTUCKY
COMMON SCHOOL
LAWS E

7950

With Abstracts from the Decisions of the Court
of Appeals to and including Vol. 312, p. 474

Published by Order of
the State Board of Education

STATE BOARD OF EDUCATION

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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 preparing for pub-

lication by the State Board of Education the school laws of the Com-
monwealth.

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 Commonwealth, including
the Acts of the General Assembly of 1950. The annotated decisions of
the Court of Appeals have been arranged immediately following sec-
tions which they interpret. Some of these decisions may not apply to
the speciﬁc section which they follow. They are so applicable, in Whole
or in part, as to furnish valuable information in the proper interpreta—
tion of the speciﬁc section.

lBy 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 Kentucky

and is published as a handbook to aid school ofﬁcials as well as others
interested in school matters.

BOSWELL B, HODGKIN

Superintendent of Public Instruction

TABLE OF CONTENTS

Chapter Page
I Constitutional Provisions ...................................................................... 195

II General Provisions ................................................................................ 207
III Department of Education ...................................................................... 270
IV State Support of Education .................................................................. 237
V Conduct of Schools ................................................................................ 302
VI Compulsory Attendance ........................................................................ 313
VII School Districts ...................................................................................... 323
VIII School Employes, Teachers’ Retirement and Tenure .................... 370
IX School Property and Buildings ............................................................ 416
X Vocational Education and Rehabilitation .......................................... 433
XI State Universities and Colleges .......................................................... 442
XII City Universities and Colleges ............................................................ 454
XIII Higher Education for Negroes ............................................................ 473
XIV Education of the Deaf, Dumb and Blind ............................................ 473

D'JQ

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,,,,,, 442

CHAPTER I
KENTUCKY CONSTITUTIONAL PROVISIONS

Sec. 5 Freedom of Conscience; Church and State; Education.

Sec. 55 Law; When to Take Eitect; Emergency Clause.

Sec. 59 Local and Special Legislation; Limitations Upon.

Sec. 91 Treasurer; Auditor; Register; Commissioner of Agriculture;
Secretary of State; Attorney General; Superintendent of
Public Instruction.

Sec. 93 Officers Ineligible for Succeeding Term; Duties; Inferior
Officers.

Sec. 95 Time of Election.

Sec. 96 Payment of Salaries.

Sec. 152 Vacancies in Office; How Filled.

Sec. 155 Sections 145 to 154 Do Not Apply to Election of School
Trustees.

Sec. 157 Tax Rate; Indebtedness; Submission of Question to Voters.

Sec. 158 Indebtedness; Limit of Allowed; Issuance of Bonds.

Sec. 165 Incompatible Oifices; State.

Sec. 169 Fiscal Year.

See. 179 School District Not to Lend Credit or Become Stockholder
in Corporation.

See. 180 Purpose of Levy to be Stated.

Sec. 183 Common Schools to be Provided for.

See. 184 FundCSllt Apart for Common Schools; Taxation for A. & M.

o ege.

Sec. 185 Common School Funds; Investment; Interest on.

See. 186 Dlstribution of School Fund.

Sec. 187 Each Race to Share Fund Equally; Separate Schools.

Sec. 188 School Fund; Money Received from United States, Part of.

Sec. 189 Appropriation for Sectarian Purposes Forbidden.

Sec. 228 Oath of Office.

See. 237 Incompatible Officers; Federal.

Sec. 246 Maximum Salary Limits for All Public Officers.

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,
1110(16 of worship or systein'of ecclesiastical polity; nor shall any per—
SOH 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—
llOrt of any minister of religion; nor shall any man be. compelled to
send his child to any school to which he may be conscientiously 0p-
Dosed; and the civil rights, privileges or capacities of no person shall
be taken “Val, 01‘ in any wise diminished or enlarged, on account of
his belief or disbelief of any religious tenet, dogma or teaching. No
hllman authority shall, in any vase. whatever, control or interfere
“'1th the rights of conscience.

Nicholas, et al. v. Hem‘

- 1 ' . g ‘ " ' -
POl‘tation for Children atten Y, 30 Ky 431 The statute pioudmg supplementary trans

. . ding school in compliance with compulsory school attendance
a

ingstrghgwd‘tng. for payment of such transportation from general funds of county, mak-
Chial schéjéir atlon available to children attending common, private. sectarian. or paro-
provision pféliibiil: IEEISIEtIOH for a public purpose and is not Violative. of constitutional
(NOVember 27' 19458) Spectal priVilege or requiring tax 1ev1es for public purposes only.

195

”gm-vs 75% .t

. 'mvmwwrm :

Sec. 55 Kentucky Constitutional Provisions

Sec. 55, Ky. Const. Law; When to Take Effect; Emergency
(Hausa—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-
rence of a majority of the members elected to each House of the
General Assembly, by a yea and nay vote entered upon their journals
an act may become a law when approved by the Governor; but the
reasons for the emergency that justiﬁes this action must be set out
at length in the journal of each House.

Ficke, et al. v. Board of Trustees of Erlanger Consolidated Graded School District,
262 Ky. 312. School districts have liens on personal property. If Governor neither ap-
proves 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 pro-

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

See. 59, Ky. Const. Local and Special Legislation; Limitations
Upon—The General Assembly shall not pass local or special acts
concerning any of the following subjects, or for any of the following
purposes, namely:

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

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

Stone v. Wilson, 102 Ky. 423, 43 S. W. 397. Local or special legislation applies ex-

clusively to special or particular places, or special or particular persons, and is distin-

guished from the statute intended to be general in its operation and that relating to
classes of persons or subjects.

Sec. 91, Ky. Const. Treasurer; Auditor; Register; Commissioner
of Agriculture; Secretary of State; Attorney General; Superintend-
ent 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 superintendent 0f
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 bl?
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 GOV‘
ernor, and shall, when required, lay the same and all papers, minuteS
and vouchers relative thereto before either house of the General A?
sembly. The ofﬁcers named in this section shall enter upon the (115'
charge of their duties the ﬁrst Monday in January after their 9190'
tion, and shall hold their ofﬁces until their successors are elected and
qualiﬁed.

196

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ergency
ecome a
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concur-
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but the
set out

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either ap-
aturned to
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itations
ial acts
llowing

Ky. 829.
. attorney

’Eiﬁiaiti
:lating to
issioner
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ient of
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3 of his
Lt least
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if state
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iinuteS
ral AS-
he dis-
ir elec-
ed and

Kentucky Constitutional Provisions .Sec. 152

Johnson, Governor v. Commonwealth ex rel. Meredith, Atty. Gen., 291 Ky. 829.

. State executive departments. boards, or commissions may be represented by an attorney

other than the Attorney General. (August 26, 1942.)

See. 93, Ky. Const. Ofﬁcers Ineligible for Succeeding Term;
Duties: Inferior Ofﬁcers—The treasurer, auditor of public accounts,
secretary of state, commissioner of agriculture, labor and statistics,
attorney-general, superintendent of public instruction, and register
of the land ofﬁce shall be ineligible to re-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 pro-
vided 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 successors are appointed or elected and quali-
ﬂed.

Sec. 95, Ky. Const. 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. Const. Payment of salaries. A11 ofﬁcers mentioned

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
0fﬁCesshall be ﬁlled by election or appointment, as follows: If the
unexpired term will end at the next succeeding annual election at
Wthll 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 succeeding
annual election at which either city, town, county, district or state
Ofﬁcers are to be elected, and if three months intervene before said
“Weeding annual election at which either city, town, county, dis-
tl‘ltt or state ofﬁcers are to be elected, the ofﬁce shall be ﬁlled by ap-
Pomtment until said election, and then said vacancy shall be filled by
election f01‘ the remainder of the term. If three months do not inter-
vene between the happenings of said vacancy and the next succeed-

197

Sec. 157 Kentucky Constitutional Provisions

ing election at which city, town, county, district or state ofﬁcers are
to be elected, the ofﬁce shall be ﬁlled by appointment until the second
succeeding annual election at which city, town, county, district 01‘
state ofﬁcers are to be elected; and then, if any part of the term re—
mains unexpired, the ofﬁce shall be ﬁlled by election until the regular
time for the election of ofﬁcers to ﬁll said ofﬁces. Vacancies in all of
ﬂees for the state at large, or for districts larger than a county, shall
be ﬁlled by appointment of the Governor: all other a ppointmentsshall
be made as may be prescribed by law. No person shall ever be ap-
pointed a member of the General Assen’ihly, but vacancies therein
may be ﬁlled at a special election, in such manner as may be provided
by law. See Secs. K.R.S. 440.010, 61.020, (33.190.

Brown v. Rose, 233 Ky. 549, 26 S. W. (2d) 503. One elected to office to fill vacancy
on county board of education must quality within reasonable time thereafter. Sixty days
held to be unreasonable time.

County board was within its rights in declaring a Vacancy in its membership and
appointing person to fill vacancy, where one elected to fill vacancy had not qualified 33

days after receiving certificate of election.
County board of education is not constitutional office. (March 25, 1930.)

See. 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 elec-
tions. Said elections shall be regulated by the General Assembly,
except as otherwise provided in this Constitution.

Sec. 157, Ky. Genet. Tax Rate; Indebtedness; Submission of
Question to V0ters.—~—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 0f
the taxable property therein, viz.: For all towns or cities having a
population of ﬁfteen thousand or 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 01' Cities
having less than ten thousand, seventy—ﬁve cents (750) on the 0116
hundred dollars ($100.00) and for counties and taxing districts; ﬁfty
cents (500) on the hundred dollars; unless it should be necessary to
enable such city, town, county, or taxing district to pay the intereSt
on, and provide a sinking fund for the extinction of indebtedness
contracted before the adoption of this Constitution. No countY: Cit-i”
town, taxing district. or other municipality shall be authorized 01'
permitted to become indebted in any manner or for any purpose, to
an amount exceeding in any year, the income and revenue pI‘OVided

198

:ers are
second
Lrict or
arm rc-
regular
all of-
v, shall
tsshaﬂ
be ap-
therein
ovided

vacancy
xty days

ship and
ilified 33

> Elec-
3d and
uply to
:t elec-
ambll’,

ion of
taxing
poses,
lue 0f
ving 3
cents
cities
d, one
cities
18 one
:, ﬁfty
iI'y t0
terest
iclness
, city,
ed 01'
.59, t0
vided

Kentucky Constitutional Provisions Sec. 157

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 indebted-
ness contracted in violation of this section shall 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.

Dunn V. Allen, et al., 308 Ky. 774, 215 S. W. (2d) 957. Purpose of appropriation act
providing for supplementing salaries of teachers in common schools was to benefit teach-
ers and not school board. (December 14, 1948.)

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
iglﬁol purpose,” and “common school system" embrace recreational training. (June 23,

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

Rowan County Board of Education v. Citizens Bank, et al., 279 Ky. 413. This suit
tests the validity of a proposed bond issue of the county board of education. Judgment
33$ tillgBSlJoiﬂer court affirmed and the issue of bonds of $62,500 is thereby approved. (June

Citizens’ Bank v. Rowan County Board of Education, 274 Ky. 481. Warrants issued
over a period of six years for governmental expenses of board of education and which
did not exceed, with prior indebtedness, the revenue that could be lawfully anticipated
for the particular year, were valid obligations when issued, and hence a note by which
Warrants were taken up was valid regardless of whether amount of note exceeded the
antic1patc‘d revenue for the year in which note was executed. (June 24. 1938.)

Abbmt, et al. v. Oldham County Board of Education, 272 Ky. 654. If outstanding

indebtedness when created did not exceed anticipated revenue as shown by budget and
“1011le was expended for lawful purposes. funding bonds may be issued and proceeds
applied to reduction of said indebtedness. (May 5, 1938.)
b Scott County Board of Education v. McMillen, 270 Ky. 483. The plan of the county
card of education providing for conveyance to holding corporation properties which
were t9 be lmntiymortgaged 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 unen-
cumbered annual income. (November 5, 1937.)

d Bales v. Holt, CountySchool Superintendent, et al., 270 Ky. 272. County board of
efucation should assume indebtedness of the independent district which becomes part
0 the county district. (October 22, 1937.)

K Féiscal Court of Jackson County, et al. v. Board of Education of Jackson County, 269

Y- 58.. Board of Education authorized to convey school site to fiscal court for pur-
poseFof issuing bonds to finance construction of school building. (June 15, 1937.)

K 3135;“ Court of Jackson County, et al. v. Board of Education of Jackson County, 268
“ii . _. This contract to lease a building provides for continuance from year to year

“1’15 illegal. It could be remedied by making lease for one year.
cat" eadc v. Board o£.Educa.tion of Johnson County, et al., 268 Ky. 71. Board of edu-