SEC. 9. In accordance with the provisions of this act, each board having a food service program shall appoint an authorized representative who shall be responsible for the operation and management of the food service program.

SEC. 10. The state board shall adopt rules and regulations for the keeping of records and the making of reports on programs under this act. Such records shall at all times be available for inspection and audit by authorized officials and shall be preserved for a period of five (5) years. The state board shall conduct or cause to be conducted such audits, inspections, and administrative reviews of records and operations with respect to food service programs as may be necessary to determine whether its agreements with boards, the state law and rules and regulations are being complied with, and to insure that food service programs are effectively administered.

SEC. 11. The state board may in cooperation with other appropriate agencies and organizations conduct studies of methods of improving and expanding food service programs and promoting nutritional education in the schools and may conduct appraisals of the nutritive benefits of food service programs.

SEC. 12. (a) The state board may, to the extent that funds are available therefor, allocate and distribute state and federal funds to any board for the purpose of assisting in the establishment, maintenance and expansion of food service programs in schools, giving priority to especially needy schools.

(b) The state board may adopt rules and regulations for the allocation and distribution of state and federal funds under this section so long as the same are not inconsistent with the state plan of child nutrition operations or with the provisions of this act.

(c) The state board may adopt rules and regulations for determining especially needy schools.

SEC. 13. (a) As used in this section "child-care institution" means any nonprofit nursery school, child-care center, settlement house, summer camp or similar nonprofit institution devoted to the care and training of children if the same has been approved by the state board for the purposes of this section. (b) Any board may establish and operate a food service program for children in attendance at a child-care institution. The governing authority of any child-care institution may establish and operate a food service program for children in attendance in such child-care institution.

(c) The provisions of this act, except sections 6 and 7, shall apply to any program operated under this section by a board. The provisions of this act, except sections 6 and 7, shall apply to any program operated under this section by the governing authority of a child-care institution and such

provisions (except said sections 6 and 7) shall also apply to such governing authority to the extent that the same may be made applicable.

SEC. 14. K.S.A. 72-5106 to 72-5111, inclusive, are hereby repealed. SEC. 15. This act shall take effect and be in force from and after its publication in the statute book.

Miscellaneous

Unified School District Provisions of Limited Application (ch. 72). Authority to Purchase Private School Facility (art. 81).

SEC. 72-8151. U.S.D. 333 tax levy to purchase private school facility.— The board of education of unified school district No. 333, Cloud county, Kansas, may by resolution levy a tax of not to exceed one and one-half (1-1/2) mills per year for not more than ten (10) years on all the taxable, tangible property within said school district for the purpose of raising funds with which to purchase an existing private school facility, including the equipment therein and equipment necessary to operate said facility. [L. 1971, ch. 242, sec. 1; April 9.]

Taxation (ch. 79)-Property Exempt from
Taxation (art. 2).

SEC. 79-201. (1969 SB 268, sec. 1) Property exempt; exceptions.-That the property described in this section, to the extent herein limited, shall be exempt from taxation: * * *

Third. All real property, and all tangible personal property, actually and regularly used exclusively for literary, educational, scientific, religious, benevolent or charitable purposes: Provided, That this exemption shall not apply to such property, not actually used or occupied for the purposes set forth herein, nor to such property held or used as an investment even though the income or rentals received therefrom is used wholly for such literary, educational, scientific, religious, benevolent or charitable purposes.

Fourth. All moneys and credits belonging exclusively to universities, colleges, academies or other public schools of any kind, or to religious, literary, scientific or benevolent and charitable institutions or associations, appropriated solely to sustain such institutions or associations, not exceeding in amount or in income arising therefrom the limit prescribed by the charter of such institution or association. * * *

CONSTITUTIONAL PROVISIONS

Public Aid For Nonpublic Schools

Revenue and Taxation.

SEC. 179. County or municipality not to become stockholder in corporation or lend its credit; exceptions.-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, turnpike roads, or gravel roads: Provided, If any municipal corporation shall offer to the Commonwealth any property or money for locating or building a capital, and the Commonwealth accepts such offer, the corporation may comply with the offer.

A governmental body may use a private institution to accomplish a public purpose. [Ezelle v City of Paducah, 441 SW(2d) 162 (1969).]

Education.

SEC. 184. 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) 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 in 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 schools. The interest and dividends of said fund, 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. No 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. [Source: Const. 1850, Art. 11, section 1.]

3. Diversion of school funds

Appropriation or division of school fund.-Cannot be appropriated to payment of teachers not acting under the control or supervision of the common school officers. Halbert v. Sparks, 9 Bush, 259. Appropriation to graded schools. Williamstown G.F.S. Dist. v. Webb, 89 Ky. 264, 11 R. 456, 12 S.W. 298; Riggs v. Stephens, 92 Ky. 393. 13 R. 631, 17 S.W. 1016. Appropriation of common school fund to afford better facilities for teaching the higher branches. Board of Trustees v. Thomas, 12 R. 832, 15 S.W.670.

Boards of education may under KRS 158.110, 160.270, 160.290, 165.270 (K.S. section 4399-20) become members of and pay dues out of the school'

fund to the Kentucky school boards association, a private association, the purpose of which is to promote the educational interests of the state. Schuerman v. State Bd. of Edu., 284 Ky. 556, 145 S.W.(2d) 42. Transportation.-Acts 1940 c 66 authorizing the boards of education to provide for transportation of pupils other than those of the public schools is unconstitutional. Sherrard v. Jefferson City. Bd. of Edu., 294 Ky. 469, 171 S.W.(2d) 963.

The act requiring school boards to take out liability insurance in connection with the transportation of school children in busses does not violate this section. Kirkpatrick's Adm'x. (Bronaugh) v. Murray, 294 Ky. 715, 172 S.W.(2d) 591.

SEC. 186. Distribution and use of school fund.-All funds 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 of the public school fund among the school districts and its use for public school purposes. [1952 c 89, amended November 1953]

SEC. 189. Appropriation for sectarian purposes forbidden.-No portion of any fund or tax now existing, or that may hereafter be raised or levied for educational purposes, shall be appropriated to, or used by, or in aid of, any church, sectarian or denominational school.

County board of education has no power to enter into a contract with a sectarian educational institution by which the institution will furnish tuition to county high school pupils or other common school pupils in consideration of the payment of a portion of the common school fund to such institution. The opinion in Williams v. Bd. of Trustees of Stanton Graded Common School Dist. 172 Ky. 133, 188 S.W. 1058, has been withdrawn. Williams v. Board of Trustees Stanton Common School District, 173 Ky, 708, 191 S.W. 507.

Arrangement whereby a public school was conducted within the precincts of a Baptist Orphans Home held not to violate this section. Crain v. Walker, 222 Ky. 828, 2 S.W.(2d) 654.

Tax Exemptions For Nonpublic Schools

Revenue and Taxation.

SEC. 170. Property exempt from taxation; cities may exempt factories for five years.-There shall be exempt from taxation *** institutions of education not used or employed for gain by any person or corporation, and the income of which is devoted solely to the cause of education. ** * [1970 H 147, eff. 11-2-71. 1954 c 111. section 1]

Property owned by an education institution where the income derived from such property is used to operate such institution is exempt from ad valorem property taxation. [OAG 70-423.]

Miscellaneous

Bill of Rights.

SEC. 5. Freedom of counscience; church and state; education.-No preference shall ever be given by law to any religious sect, society or denomination; nor to any particular creed, mode of worship or system of ecclesiastical polity; nor shall any person be compelled to attend any place of worship, to contribute to the erection or maintenance of any such place, or to the salary or support of any minister of religion; nor shall any man be compelled to send his child to any school to which he may be conscientiously opposed; and the civil rights, privileges 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. No human authority shall, in any case whatever, control or interfere with the rights of conscience. [Source: Const. 1850, Art. 13, section 5.]

County board of education has no power to contract with a sectarian educational institution that the buildings thereof shall be kept in repair with funds raised by taxation or other common school funds and that in return therefor common school pupils shall be taught therein without charge. Williams v. Board of Trustees, Stanton Common School District, 173 Ky. 708. 191 S.W. 507.

STATUTORY PROVISIONS

Education (title 8).

Approval/Supervision/Support

Department of Education (ch. 156).

SEC. 156.160. [4384-17, 4384-21, 4384-22, 4384-24 to 4384-30] Superintendent to prepare school budget and rules and regulations governing schools, for adoption by board.-The Superintendent of Public Instruction shall prepare or cause to be prepared and submit for approval and adoption by the State Board of Education:

*** (2) Minimum courses of study for the different grades and kinds of common schools, and regulations governing educational equipment of the schools;

(3) Rules and regulations for grading, classifying and accrediting all common schools, and for determining the scope of instruction that may be offered in the different classes of schools, and the minimum requirements for graduation from the courses offered;

(4) Rules and regulations for taking and keeping a school census, and the forms and blanks to be used in taking and keeping the census and in compiling the required reports thereof; ***

(7) Rules and regulations concerning the transportation of children to and from school;

(8) Rules and regulations for approving private and parochial schools of elementary or high school grades and commercial schools; * * *

Compiler's Note: See also SPECIAL EDUCATION, Ch. 157, sec. 157.305; CURRICULUM, Ch. 158.080; RECORDS AND REPORTS, Ch. 159, sections 159.040, 159.160 and 159.170; MISCELLANEOUS, Ch. 158, sec. 158.220.

Compulsory Education

Conduct of Schools *** (ch. 158).

SEC. 158.030. Common school defined; who may attend; age of entrance.-A "common school" is an elementary or secondary school of the state supported in whole or in part by public taxation. No school shall be deemed a "common school" or receive support from public taxation unless the school is

taught by a qualified teacher for a term of eight or more months during the school year and every child residing in the district who is six years of age and over has had the privilege of attending it. Provided, however, that any child who is six years of age or who may become six years of age by December 31 following the opening of school may enter school provided that he enters within thirty calendar days of the beginning of that school year, with the exception that in schools having mid-year promotions any child who is six years of age or who may become six years of age within thirty calendar days after the opening of the second semester may enter school at the beginning of that semester. Any child who becomes six years of age later than December 31 following the opening of the school year shall not enter school during that year and in schools having mid-year promotions any child who becomes six years of age later than thirty days after the opening of the second semester shall not enter school during that semester. Entrance age requirements for those pupils attending an approved kindergarten in the common schools shall be as established in accordance with regulations adopted under KRS 157.315. [1972 S 289, section 4, eff. 6-16-72. 1962 c 74; 1952 c 145, sec. 1; 1950 c 108;1946 c 155]

Compulsory Education (ch. 159).

SEC. 159.030. [4434-3] Exemptions from compulsory attendance.— (1) The board of education of the district in which the child resides shall exempt from the requirement of attendance upon a regular public day school every child of compulsory school age:

(a) Who is a graduate from an accredited or an approved four-year high school;

or

(b) Who is enrolled and in regular attendance in a private or parochial regular day school approved by the State Board of Education; or

(c) Whose physical or mental condition prevents or renders inadvisable attendance at school or application to study; or

(d) Who is deaf or blind to an extent that renders him incapable of receiving instruction in the regular elementary or secondary schools, but whose mental condition permits application to study. [1948 c 107, section 27. Eff. 6-17-48.]

(2) Before granting an exemption under paragraph (e) of subsection (1) of this section the board of education shall require satisfactory evidence, in the form of a signed statement of a licensed physician or public health officer, that the condition of the child prevents or renders inadvisable attendance at school or application to study. On the basis of such evidence the board may exclude any such child from school. [1948 c 107, section 27. Eff. 6-17-48.]

Compiler's Note: House Bill #40 of the 1974 Regular Session of the Kentucky General Assembly amends KRS 159.030 to delete exemption of deaf or blind children from compulsory attendance in regular public schools; exempts exceptional children from compulsory attendance who are enrolled and in regular attendance in state supported or state approved private or parochial school programs for exceptional children; requires evaluation by a psychiatrist or psychologist before an exemption is made; requires that either home, hospital, institutional or other scheduled and approved instruction be provided by a local board of education for any child excluded from compulsory attendance in the regular public schools.

Special Education

State Support of Education (Special Education
Programs) (ch. 157).

SEC. 157.200 Definitions for KRS 157.200 to 157.305.-(1) "Exceptional children" means children who differ in one or more respects from average or normal children in physical, mental, emotional or social characteristics and abilities to such a degree that it is impractical or impossible for them to benefit from, or participate in, the regular or usual facilities or classroom programs of the public schools in the districts in which they reside. These children's education needs require a modification of the usual classroom

program in order for them to obtain the maximum of their abilities and capabilities. These children include, but are not limited to, those children hereafter described in this section as well as the neurologically impaired, the intellectually gifted, the emotionally disturbed, the functionally retarded, children with learning disabilities, communications disorders and those children who are multiply handicapped. [1972 S 39, sec. 1, eff. 6-16-72. 1970 H 255; 1962 c 169, sec. 1]

(2) "Physically handicapped children" means children, other than those with a speech defect, of sound mind who suffer from any physical disability making it impracticable or impossible for them to benefit from or participate in the normal classroom program of the public schools in the school district in which they reside and whose intellectual development is such that they are capable of being educated through a modified educational program. [1972 S 39, sec. 1, eff. 6-16-72. 1970 H 255; 1962 c. 169, sec. 1; 1956 c. 162, sec. 1; 1948 c. 4, sec. 1]

(3) "Speech defective children" means children whose speech has been diagnosed by a speech correctionist as deviating or differing from average or normal speech to the extent of hindering adequate communication and requiring specialized instruction for improvement or correction of the handicap. [1972 S 39, sec. 1, eff. 6-16-72. 1970 H 255; 1962 c 169, sec. 1]. (4) "Educable mentally handicapped children” means children who because of retarded intellectual development, as determined by recognized standardized tests, are incapable of being educated profitably and efficiently through ordinary classroom instruction but whose intellectual ability would indicate a degree of scholastic attainment with the benefit of special educational methods, materials, and facilities. [1972 S 39, sec. 1, eff. 6-16-72. 1970 H 255; 1962 c 169, sec. 1; 1956 c 162, sec. 1; 1948 c 4, sec. 1]

(5) "Trainable mentally handicapped children" are mentally handicapped children who, because of retarded intellectual development, are incapable of being educated properly and efficiently through ordinary classroom instruction or special education facilities for educable mentally handicapped children, but who may be expected to benefit from training in a group setting designed to further their social adjustment and economic usefulness. [1972 S 39, sec. 1, eff. 6-16-72. 1970 H 255; 1962 c 169, sec. 1; 1956 c 162, sec. 1; 1948 c 4, sec. 1]

(6) "Children" means all persons under twenty-one years of age. [1972 S 39, sec. 1, eff. 6-16-72. 1970 H 255]

(7) "Special educational facilities" means special schools, special classes, and special instruction. All special education facilities shall be under the supervision of the superintendent of public instruction. [1972 S 39, sec. 1, eff. 6-16-72. 1970 H 255; 1962 c 169, sec. 1; 1956 c 162, sec. 1; 1948 c 4, sec. 1] (8) "Children with learning disabilities” are those children who have a disorder in one or more of the basic psychological processes involved in understanding or using language, spoken or written, which disorder may manifest itself in imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. Such disorders include such conditions as perceptual handicaps, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Such term does not include children who have learning problems which are primarily the result of visual, hearing, or motor handicaps, of mental retardation, of emotional disturbance, or of environmental disadvantage. [1972 S 39, sec. 1, eff. 6-16-72. 1970 H 255].

(9) "Related services" means those educational services for the exceptional child and his family that ordinarily cannot be delivered through the public educational system. [1972 S 39, sec. 1, eff. 6-16-72]

Compiler's Note: House Bill #41 of the 1974 Regular Session of the Kentucky General Assembly amends KRS 157.200 to include "visually impaired" and "hearing impaired” in definition of exceptional children; deletes "the intellectually gifted" and "functionally retarded" from such definitions and replaces such wording with "the retarded"; amends definition of "children" to read “exceptional children”; defines “multiply handicapped".

SEC. 157.220. Administrative functions of State Department of Education in special program; contributions; approval of local facilities.—(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 KRS 157.200 to KRS 157.280. The State Board of Education shall make necessary rules and regulations in keeping with the provisions of KRS 157.200 to KRS 157.280 for their proper administration, including but not limited to establishment of classes, eligibility and admission of pupils, the curriculum, class size limitations, housing, special equipment and instructional supplies. [1962 c 169, sec. 2. Eff. 6-14-62. 1948 c 4, sec. 3]

(2) The State Department of Education is authorized to receive contributions and donations that may be made to carry out the provisions and requirements of KRS 157.200 to KRS 157.280. [1962 c 169, sec. 2. Eff. 6-14-62. 1948 c 4, sec. 3]

(3) Local supervision of special educational facilities for exceptional children shall be approved by the Division of Special Education according to rules and regulations approved by the State Board of Education. [1962 c 169, sec. 2. Eff. 6-14-62. 1948 c 4, sec. 3]

SEC. 157.224. State-wide plan for special education programs.-By July 1, 1974, all county and independent boards of education shall operate special education programs to the extent required by, and pursuant to, a plan which has been approved by the State Board of Education after consideration of the recommendations from the State Task Force and the Human Resources

Coordinating Commission and Council. If any county or independent board of education has failed to operate and implement special education programs in accordance with the aforesaid plans, the application of said county or independent board of education for minimum foundation payments may be considered insufficient. [1970 H 256, sec. 4, eff. 6-18-70]

Education of the Physically Handicapped (ch. 167).

SEC. 167.090. (298f-1; 298f-2) Attendance of deaf children at school compulsory.-Except as provided in KRS 167.100 and 167.120, every person residing in this state who has custody, control, care or supervision of any deaf child between the ages of seven and sixteen years shall cause the child to attend some public, private or parochial school for the hearing or in which deaf children are taught, for the full term each year.

SEC. 167.100 (298f-2) Children exempt from compulsory attendance.KRS 167.090 does not apply to a child who is being taught in its home by an instructor qualified to give instruction to the deaf; nor to a child certified by the county board of health of the residence of the person having control of the child to be not in proper mental or physical condition to be sent to a school of the type contemplated by KRS 167.090.

SEC. 167.120 (298f-5) Failure to send child excused when schools are violation of KRS 167.090 the schools in this state that provide instruction and full.-If it is satisfactorily shown to the court at the time of a prosecution for a education for the deaf are then taxed to capacity, and that there is no room or means of taking care of or instructing the child, the person accused of the violation shall be discharged from liability.

SEC. 167.130 (298f-8) Public schools for deaf to receive children; exception.-The persons in charge of any public institution in this state at which the deaf are received for instruction shall, while in session, receive any Ideaf child sent to the institution, unless it can be shown at the time the institution is taxed to its capacity and there is no room or means of taking care of the child, or that the physical condition of the child is such as to prevent study or to constitute a menace to the health of the other pupils of the institution, or that the child is mentally deficient and incapable of successfully pursuing the prescribed course of study of the institution, or that the habits and practices of the child are such as to constitute a detriment to

the welfare of the other pupils of the institution. When a child is received he shall be cared for under the provisions of the statutes regulating the institution and the bylaws prescribed by the trustees or managers for the government of the institution. [1960 c 68, Art 4, sec. 4. Eff. 7-1-60.]