provisions of said act. For such purpose, the state superintendent of public education is hereby authorized and empowered to do any and all things which may be required under the terms of said act to enable the State of Mississippi to receive the benefits thereof, to enter into any and all agreements and contracts with any officer or agency of the United States of America, or any other person, agency or political subdivision, that may be necessary, expedient or advisable in administering said act, and to appoint and employ a state supervisor of the school lunch program and such other administrative, supervisory, stenographic and clerical personnel as may be necessary in the administration of said act.

The state treasurer is hereby designated and appointed custodian of all moneys received by the state from appropriations made to carry out the provisions of said act of Congress, and he is authorized to receive and to provide for the proper custody of same, and to make disbursements thereof in the manner provided for in said act and for the purposes therein specified. [Sources: Codes, 1942, sec. 6228.5; Laws, 1947, 1st Ex Sess, ch. 13, sections 1-3.1

Miscellaneous

Agricultural High Schools (ch. 27).

SEC. 37-27-31. Lease of school buildings; equipment and lands.-The board of trustees of any agricultural high school is hereby authorized to lease the buildings and equipment thereof to any responsible individual for the purpose of carrying on a private school when there are no funds available for running said institution, and to lease the lands of said institution to some responsible person for agricultural purposes. Said leases shall not extend for any greater length of time than a period of three years from date of granting said lease. [Sources: Codes, 1942, sec. 6484; Laws, 1932, ch. 106.]

SEC. 37-27-35. Trustees may acquire private educational institution outside of county.-The trustees of an agricultural high school in one county

may acquire by donation the plant (including lands, buildings, and equipment) of a privately owned educational institution situated on land outside of but adjoining the county line, and thereon and therewith maintain and operate an agricultural high school as though it were wholly located in the county receiving the donation. All laws governing the maintenance and operation of agricultural high schools shall apply to the operation, management and control of said high school as if it were situated within the county operating it. [Sources: Codes, 1942, sec. 6473-01; Laws, 1946, ch. 239, sec. 1.]

Educational Television (ch. 63).

SEC. 37-63-13. Authority's general powers as to educational television.— The authority for educational television is empowered and is hereby designated as the proper and official state agency to: ***

(2) Initiate or receive for review and approval all applications for educational television and educational radio licenses submitted to the Federal Communications Commission for or on behalf of any public school system, junior college, institution of higher learning, private educational institution, or nonprofit community or municipal educational organizations;

(3) Initiate or receive for review and approval all applications for federal, state, or private funds which involve the construction of educational television or radio facilities or acquisition of educational television or radio equipment; (4) Prescribe official state approved standards for appropriate educational television equipment which may be purchased by any public school, junior college, institution of higher learning, private educational institution, or nonprofit community or municipal educational organization in order to insure a standard of quality and technical compatibility throughout the state; *** [Sources: Codes 1942, sec. 8946-107; Laws, 1969, Ex. Sess, ch. 31, sec. 7, eff from and after passage (approved September 30, 1969).]

CONSTITUTIONAL PROVISIONS

Public Aid For Nonpublic Schools

Bill of Rights (art. I).

SEC. 8. Prohibition of public aid for religious purposes and institutions.-Neither the general assembly, nor any county, city, town, township, school district or other municipal corporation, shall ever make an appropriation or pay from any public fund whatever, anything in aid of any religious creed, church or sectarian purpose, or to help to support or sustain any private or public school, academy, seminary, college, university, or other institution of learning controlled by any religious creed, church or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the state, or any county, city, town, or other municipal corporation, for any religious creed, church, or sectarian purpose whatever.

Tax Exemptions For Nonpublic Schools

Taxation (art. X).

SEC. 6. Exemptions from Taxation.-All property, real and personal, of the state, counties and other political subdivisions, and non-profit cemeteries, shall be exempt from taxation; and all property, real and personal, not held for private or corporate profit and used exclusively for religious worship, for

schools and colleges, for purposes purely charitable, or for agricultural and horticultural societies may be exempted from taxation by general law. All laws exempting from taxation property other than the property enumerated in this article, shall be void.

Compiler's Note: See also STATUTORY PROVISIONS, MISCELLANEOUS, Ch. 137, sec. 137.100.

Miscellaneous

Corporations (art. XI).

SEC. 2. Organization of corporations by general law-Special laws relating to corporations-Invalidation of unexercised charters and franchises.Corporations shall be organized only under general laws. No corporation shall be created, nor shall any existing charter be extended or amended by special law; nor shall any law remit the forfeiture of any charter granted by special act. All existing charts, or grants of special or exclusive privileges, under which a bona fide organization was not completed, and business was not being done in good faith at the adoption of this constitution, shall thereafter have no validity.

STATUTORY PROVISIONS Education and Libraries (title 11). Approval/Supervision/Support

Permanent Funds (ch. 166).

SEC. 166.011. Public school fund-source-disposition.-A state public school fund is created *** which shall be faithfully appropriated for establishing and maintaining free public schools and for no other uses or purposes whatsoever. (L. 1963 p. 269, sec. 7-1) [Source: RSMo 1959, sec. 161.180]

CONSTRUCTION AND APPLICATION.-Use of public school funds for education of pupils in parochial schools was not for purpose of maintaining free public schools and use of public monies to send speech teachers of public school district into parochial school for speech therapy was not used for purpose of maintaining free public schools and was unlawful practice, and school district was not entitled to reimbursement from state for expenses in providing such therapy. Special Dist. for Ed. and Training of Handicapped Children of St. Louis County v. Wheeler (Sup. 1966) 408 S.W. 2d 60.

School Operations (ch. 171).

SEC. 171.171. Full credit to be given work completed in accredited schools.-Work completed in schools accredited by the state board of education shall be given full credit in requirements for entrance to and classification in any educational institution supported in whole or in part by

state appropriation. (L. 1963 p. 299, sec. 11-17) [Source: RSMO 1959, sec. 160.090]

School Property and Equipment (ch. 177).

SEC. 177.011. Title and control of school property.-The title of all schoolhouse sites and other school property is vested in the district in which the property is located. All property leased or rented for school purposes shall be wholly under the control of the school board during such time. No board shall lease or rent any building for school purposes while the district schoolhouse is unoccupied, and no schoolhouse or school site shall be abandoned or sold until another site and house are provided for the school district. (L. 1963, p. 299, sec. 12-1) [Source: RSMo 1959, sec. 166.010]

Compulsory Education

Schools.-General Provisions (ch. 160).

SEC. 160.041. School day, week, month and year defined.-The school day consists of six hours in which the pupils are under the guidance and direction of teachers in the teaching process. Days dismissed for legal school holidays and teachers' meetings and workshops shall be counted as school days for determining school weeks and months. A school month consists of four weeks of five days each. The school year commences on the first day of July and ends on the thirtieth day of June following. [L. 1963 p. 209, sec. 14) (Source: RSMo 1959 sec. 163.020]

CONSTRUCTION AND APPLICATION.-Where school district provided speech therapy for parochial school children in buildings maintained by school board, and parochial children who desired such therapy were released from school for part of their regular six-hour day in violation of this section which require all school children to regularly attend school for six hours in school day, school district practice was invalid and justified refusal of board of education to reimburse school district for its expenses in providing such therapy. Special Dist. for Ed. and Training of Handicapped Children of St. Louis County v. Wheeler (Supp. 1966) 408 S.W.2d 60.

Pupils and Special Services (ch. 167).

SEC. 167.031. School attendance compulsory-who may be excused.— Every parent, guardian, or other person in this state having charge, control or custody of a child between the ages of seven and sixteen years shall cause the child to attend regularly some day school, public, private, parochial or parish, not less than the entire school term of the school which the child attends or shall provide the child at home with regular instructions during the usual school hours which shall, in the judgment of a court of competent jurisdiction, be at least substantially equivalent to the instruction given children of like age in the day schools in the locality in which the child resides; except that (1) A child who, to the satisfaction of the superintendent of schools of the district in which he resides, or if there is no superintendent then the chief school officer, is determined to be mentally or physically incapacitated may be excused from attendance at school for the full time required, or any part thereof; or

(2) A child between fourteen and sixteen years of age may be excused from attendance at school for the full time required, or any part thereof, by the superintendent of schools of the district, or if there is none then by the county superintendent of the county in which the child resides, or by a court of competent jurisdiction, when legal employment has been obtained by the child and found to be desirable, and after the parents or guardian of the child have been advised of the pending action. [L. 1963 p. 274 sec. 8-3) (Source: RSMO 1959 sec. 164.010]

CONSTRUCTION AND APPLICATION.-The Elementary and Secondary Education Act of 1965 provides that, under certain circumstances and to the extent necessary, public school personnel, paid with federal funds pursuant to this program, may be made available on the premises of private schools to provide certain special services to eligible children and that

Missouri law would not prevent public school personnel, paid with federal funds, from providing these services on the premises of a private school. Op. Atty. Gen. No. 26, Conway, 1-29-70. [(1) Supreme Court's Decision (2) Suit Pending]

Compiler's Note: Upheld by U.S. Sup. Ct., Wheeler v. Barrera, [417 U.S. 402 (1974).]

SEC. 167.051. Compulsory attendance of part-time schools.—1. If a school board establishes part-time schools or classes for children under sixteen years of age, lawfully engaged in any regular employment, every parent, guardian or other person having charge, control or custody of such a child shall cause the child to attend the school not less than four hours a week between the hours of eight o'clock in the morning and five o'clock in the evening during the school year of the part-time classes.

2. All children who are under eighteen years of age, who have not completed the elementary school course in the public schools of Missouri, or its equivalent, and who are not attending regularly any day school shall be required to attend regularly the part-time classes not less than four hours a week between the hours of eight o'clock in the morning and five o'clock in the afternoon during the entire year of the part-time classes. [(L. 1963 p. 275 sec. 8-5) (Source: RSMo 1959 sec. 164,080)]

Special Education

Children-Handicapped-Educational Services-Public
Schools (House Bill No. 474) (act 149).

SEC. 2. As used in this Act, unless the context clearly indicates otherwise, the following terms mean:

(1) "Handicapped children," children under the age of 21 years who have not completed an approved high school program and who, because of mental, physical, emotional or learning problems, require special educational services in order to develop to their maximum capacity;

(2) "Severely handicapped children," handicapped children under the age of twenty-one years who, because of the extent of the handicapping condition or conditions, as determined by competent professional evaluation, are unable to benefit from or meaningfully participate in programs in the public schools of a regular or special nature.

(3) "Gifted children," children who exhibit precocious development of mental capacity and learning potential as determined by competent professional evaluation to the extent that continued educational growth and stimulation could best be served by an academic environment beyond that offered through a standard grade level curriculum.

(4) "Special educational services,” programs designed to meet the needs and maximize the capabilities of handicapped or severely handicapped children and which include, but are not limited to the provision of diagnostic and evaluation services, student and parent counseling, itinerant, homebound and referral assistance, organized instructional and therapeutic programs, transportation, and corrective and supporting services.

SEC. 3. 1. No child may be denied services provided by this Act because of his handicapping condition.

(2) To the maximum extent practicable, handicapped and severely handicapped children shall be educated along with children who do not have handicaps and shall attend regular classes. Impediments to learning and to the normal functioning of such children in the regular school environment shall be overcome whenever practicable by the provision of special aids and services rather than by separate schooling for the handicapped.

SEC. 4. The State Board of Education shall adopt after at least one public hearing has been held by the Commissioner of Education on each subsection of this section and upon his recommendation and, after consulting with recognized authorities in the field:

1. Standards to be used throughout the State of Missouri in determining whether children shall be defined under this Act as "handicapped children” or

"severely handicapped children," together with regulations implementing these standards.

2. Regulations governing evaluation and reevaluation of handicapped and severely handicapped children prior to and during assignment in a special educational program provided, however, each child assigned to a special educational program shall be fully reevaluated on a regular basis.

3. Standards for approval of all special education programs established under the provisions of this Act including, but not limited to, the qualifications of professional personnel employed in such programs and the standards to be used in determining the assignment of each child requiring special educational services to the program which best suits the needs of the child;

4. Regulations determining the number of enrolled children which constitute an approved special program including provision for approval by the State Board of Education of a program of less than the established number if, upon investigation by the State Department of Education and upon the recommendation of the Commissioner of Education, it is found a special need exists; 5. Regulations to be used in determining the eligibility of children in special education programs to attend less than a school day pursuant to Section 167.031, RSMO 1969, and in determining the amount of state aid to be paid on a pro rata basis for part-time attendance or programs.

SEC. 9. The district responsible for furnishing special educational services shall provide necessary transportation for all handicapped children residing within the district including transportation to and from contracted day classes notwithstanding the provisions of Sections 162.621 and 167.231, RSMO.

SEC. 10. State aid shall not be granted unless the professional personnel employed in special educational programs have been specially trained for work in the programs and the amount of such training shall be in accordance with regulations promulgated by the State Board of Education. In approving special education programs for State aid, the Department of Education shall determine that the quality of programming, the supportive staff and services, facilities, supplies and transportation are at least equal to that provided normal children attending school in the district. Supporting auxilliary personnel to assist teachers of handicapped and severely handicapped children may be employed in accordance with standards established by the State Board of Education.

SEC. 12.-1. The State Board of Education shall provide special educational services for all severely handicapped children residing in school districts which are not included in special districts provided that such school districts are unable to provide appropriate programs of special instruction for severely handicapped children, however, this shall not prevent any school district from conducting a program for the special instruction of severely handicapped children, except that such program must provide substantially the same special educational services as would be provided in a school operated by the State Board of Education and such program must be approved by the State Department of Education in accordance with regulations established pursuant to Section 4 of this Act.

2. Special educational programs shall be established which are designed to develop the individual pupil in order that he may achieve the best possible adjustment in society under the limitation of his handicap.

3. When special districts have been formed to serve handicapped and severely handicapped children under the provisions of this Act, severely handicapped children residing in school districts comprising the special district shall be educated in programs of the special district.

SEC. 48. The determination of whether a child is eligible for the programs of the special district for the handicapped or severely handicapped shall be made by the special district in accordance with rules and regulations adopted by the State Board of Education pursuant to Section 4.

SEC. 50. The special school district shall provide free vocational instruction for children under the age of 21 years resident within the district's boundaries. The vocational program of instruction shall be approved by the State Department of Education and shall be so designed as to provide sufficient vocational and academic training for the students to receive a high

school diploma at the completion of the twelfth grade. The board of education of the special school district, subject to the approval of the State Department of Education, shall establish standards for admission to vocational programs operated by the district. [Approved August 1, 1973. Secs. 1 to 6 and 72 effective September 28, 1973, secs. 7 to 71 effective July 1, 1974.]

Curriculum

Instruction-Materials and Subjects (ch. 170).

SEC. 170.011. Courses in the constitutions of the United States and of Missouri, and in American history and institutions required.-penalty.— 1. Regular courses of instruction in the constitution of the United States and of the State of Missouri and in American history and institutions shall be given in all public and private schools in the State of Missouri, except privately operated trade schools, and shall begin not later than the seventh grade and continue in high school, college and university courses to an extent determined by the state commissioner of education.

2. No pupil shall receive a certificate of graduation from any public or private school other than private trade schools unless he has satisfactorily passed an examination on the provisions and principles of the constitution of the United States and of the State of Missouri, and in American history and American institutions ***

3. The state commissioner of education shall make arrangements for carrying out the provisions of this section and prescribe a list of suitable texts adapted to the needs of the school and college grades.

4. The willful neglect of any superintendent, principal or teacher, to observe and carry out the requirements of this section is sufficient cause for termination of his contract. [(L. 1963 p. 292 sec. 10-1) (Source: RSMo 1959 163. 200, 163.210, 163.220, 163.230, 163.240)]

Textbooks

Compiler's Note: See CURRICULUM, Ch. 170, sec. 170.111.

Pupil Transportation

Pupils and Special Services (ch. 167).

SEC. 167.231. Transportation of pupils within all except metropolitan districts. Within all school districts except metropolitan districts the school board shall provide transportation to and from school for all pupils living more than three and one-half miles from school and may provide transportation for all pupils living one mile or more from school. When the school board deems it advisable, or when requested by a petition signed by ten taxpayers in the district, to provide transportation to and from school at the expense of the district for pupils living more than one-half mile from school, the board shall submit the question at an annual or biennial meeting or election or a special meeting or election called for the purpose. Notice of the meeting or election shall be given as provided in section 162.061, RSMo. If two-thirds of the voters, who are taxpayers, voting at the election or meeting, are in favor of providing the transportation the board shall arrange and provide therefor. [(As amended Laws 1965, p. 288, sec. 1) (New)]

ANNOTATIONS.-Private school pupils-Private individual contracting with school district for transportation of public school children in privately owned bus may also contract with parents of individual children or any other person or with a private school for transportation of such children to a private school. Opinion of Attorney General, No. 43, Hungate, August 27, 1953.

Private school transportation–The case reported in 258 S.W. 2d 927, held unconstitutional the provisos of sections 165.140 and 165.143, RSMo 1949, purporting to authorize the expenditure of public funds for transportation of children to private schools, and that the holding of such