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CHAPTER XIII.—High Schools.

ARTICLE I.-High-school Tuition. $387. Admission of non-residents to $390. Certificate of attendance; payment. credited high schools.

391. High-school tuition paid by school 388. Election for payment of high-school

districts. tution.

392. Payment of taxes; separate accounts. 389. Tax levy for high-school tution.

SECTION 387. Admission of Nonresidents to Accredited High Schools. In every county in this state in which provision is not otherwise made for free high school tuition for every qualified pupil residing in said county, any pupil residing in any school district which does not maintain a high school with a fouryear course accredited by the State Board of Education shall be admitted to any accredited high school in said county, on presentation of a common school diploma signed by the county superintendent of public instruction and certifying that said pupil has completed the course of study prescribed by the State Board of Education for elementary rural or graded school; and the tuition of such pupils shall be paid as hereinafter provided; provided, that any pupil residing in any school district, which does not maintain a high school with a four-year course accredited by the State Board of Education shall, if he desires, be admitted to the high school nearest his residence in the county of his residence or adjoining county; whether such high school maintain a four-year course or less and his tuition shall be paid in the same manner and from the same fund as provided when attending an accredited high school maintaining a four-year course. (Laws 1915, ch. 314, sec. 1.)

SEC. 388. Election for Payment of High-school Tuition. That the provisions of this act shall not be in force in any county until they have been adopted therein by a majority of the electors voting in favor thereof at an election submitting the same for adoption. At the next general election after the passage of this act the following proposition shall be submitted in each county in the state to which this act applies, namely: “Shall the provisions of the law of 1915, relating to the payment of the tuition of high school pupils in certain cases apply in this county ?” The election shall be conducted and such proposition shall be voted on and the votes then canvassed and returns made in all respects as provided by law. Whenever a majority of the voters voting on this proposition in any county to which this act may apply at such election, shall be in favor of such proposition, the provisions of this act shall apply in such county from the time such result is ascertained. If the proposition fails to carry, it may be submitted at the next general election in each county of the state to which the provisions of this act may apply upon petition to the board of county commissioners signed by twenty-five per cent of the electors of such county at any general election hereafter; provided, that only those electors living in that part of any county that would be subject to the tax levy proposed in this act shall be eligible to vote upon the proposition provided for in this section. (Laws 1915, ch. 314, sec. 2.)

SEC. 389. Tax Levy for High-school Tuition. The county superintendent of public instruction shall, on or before the 25th day of July in each year, certify to the board of county commissioners the number of qualified pupils as provided in section 1 of this act, and the amount necessary to pay the high school tuition of said pupils for the ensuing year at the rate of one dollar per week; and the county commissioners shall levy on all of the taxable property in said county, excluding from said levy the property of any district or city in which is maintained a four-year accredited high school, or rural high school, a tax sufficient to pay said high school tuition as certified by the county superintendent; and in case the county commissioners shall fail to make such levy, then the county superintendent of public instruction shall make a suitable levy and shall certify the same to the county clerk, who shall enter upon the tax rolls the levy so made by the county superintendent; the county treasurer shall collect said tax in the same manner in which other taxes are collected and shall pay the same to treasurers of school districts and treasurers of boards of education as hereinafter provided. (Laws 1915, ch. 314, sec. 3.)

SEC. 390. Certificate of Attendance; Payment of Tuition. The district clerk of any school district and the clerk of the board of education of any city of the first or second class located in any county in which this act applies, as provided in section 1, shall, on or before the 30th day of June of each year, certify to the county superintendent of public instruction the names and the number of non-resident pupils enrolled in the high school of said district or city during the year ending on the 30th day of June, and the number of weeks or fraction thereof during which each of said pupils has attended said high school, and the county superintendent shall certify the same to the county treasurer; the county treasurer shall pay to the school district treasurers and to the treasurers of boards of education an amount sufficient to pay the high school tuition of said pupils at the rate of one dollar for each week's attendance or fraction thereof; and if the tuition fund herein provided for shall not be sufficient to pay the full amount of said tuition, then said fund shall be distributed pro rata among the districts and cities entitled to such fund, and any deficiency shall be provided for in making the levy for the succeeding year. (Laws 1915, ch. 314, sec. 4.)

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SEC. 391. High-school Tuition Paid by School Districts. 122 [7790] That all school districts located in counties not maintaining a county high school are hereby authorized, at each annual meeting of the several school districts, to levy, in the manner provided by law for the levying of other taxes, a tax sufficient to pay in full the tuition in a high school in the county or any adjoining county in which said district is located of each and every scholar whose parents or guardians are actually residing in said districts in good faith who shall desire to attend the said high school during the next ensuing year; the number of such scholars to be ascertained and determined by the clerk of said district immediately prior to the holding of the annual meeting of said district; provided, however, that the provisions of this act shall not apply to any county in which was adopted the provisions of chapter 397 of the Session Laws of 1905. (Laws 1907, ch. 336, sec. 1.)

SEC. 392. Payment of Taxes; Separate Accounts. [7791] The taxes provided for in section 1 of this act shall be paid to the county treasurer of the various counties as other taxes are paid, and when so collected shall be turned over to the schooldistrict treasurer and receipted for by him as other school moneys, and he shall keep separate accounts of such funds, and shall pay the same out for the purposes mentioned in this act upon the same terms and conditions as other school-district moneys are paid out. (Laws 1899, ch. 250, sec. 2.)

ers.

course.

ARTICLE II.—County High Schools in Counties Having a Population of

Over 2000. $393. What counties may establish.

8404. Employment of principal and teach. 394. Election, how called. 395. Ballots canvassed.

405. Courses of instruction. 396. Election of trustees.

406. Tuition; admission of pupils. 397. President, secretary, and treasurer. 407. Nonresident pupils. 398. Levy by trustees.

408. Rules and regulations. 99. Levy limited.

409. Privileges of graduates from normal 400. Levy limited; exceptions. 401. Taxes levied and collected.

410. Report of trustees. 402. Duties of treasurer and secretary. 411. Vacancies in board of trustees. 403. Site purchased; buildings.

412. Compensation of trustees. SECTION. 393. What Counties May Establish. That section 7765 of the General Statutes of Kansas for 1909, be amended to read as follows: Sec. 7765. That each county having a population of two thousand inhabitants or more, as shown by the last state or federal census, may establish a county high school on the conditions and in the manner hereinafter prescribed, for the purpose of affording better educational facilities for pupils more advanced than those attending district schools, and for persons who desire to fit themselves for the vocation of teaching: (Laws 1915, ch. 316, sec. 1.)

122. The provisions of sections 391 and 392 apply in counties in which the provisions of sections 387-390 have not been adopted.

SEC. 394. Election. [7766] When one-third of the electors of a county, as shown by the returns of the last preceding election, shall petition the board of county commissioners requesting that a county high school be established in their county, at a place in the said petition named, or whenever the said county commissioners shall at their discretion think proper, they shall give twenty days' notice previous to the next general election, or previous to a special election called for that purpose, that they will submit the question to the electors of said county whether such high school shall be established, and at the place specified, at which election the electors of the county shall vote by ballot for or against establishing such high school. The notice contemplated in this section shall be given as are all legal notices of a general or of a special election. (Laws 1886, ch. 147, sec. 2.)

SEC. 395. Ballots Canvassed. [7767] After said election the ballots on said question shall be canvassed in the same manner as in the election of county officers, and if a majority of all the votes cast shall be in favor of establishing such high school, the county commissioners shall immediately proceed to appoint six persons, who shall be residents and freeholders of *the county, but no more than two of whom shall be residents of the same commissioner district, who shall, with the county superintendent of instruction,123 constitute a board of trustees for said school. Each of said trustees appointed as aforesaid shall hold his office until his successor is elected and qualified, and shall be required, within ten days after appointment, to qualify by taking the usual oath of office and by giving such bond as may be required by said county commissioners for the faithful discharge of his duties. (Laws 1903, ch. 432, sec. 1.)

SEC. 396. Election of Trustees. [7768] At the next general election after said appointment, there shall be elected 124 six high-school trustees, but no more than two of whom shall be residents of the same commissioner district; three of whom shall serve for two years and three of whom shall serve for four years, the respective terms to be decided by lot; these terms to be known and designated as short term and full term, respectively. Each two years thereafter there shall be elected three trustees, but no more than one of whom shall be a resident of the same commissioner district, to serve a term of four years, to succeed those whose term is about to expire. In those counties in which county high schools have already been established, the present high-school trustees shall serve until after the election in 1904, at which time six county-high-school trustees shall be elected, but no more than two of whom shall reside in the same commissioner district, and all of the above

123. The county superintendent is entitled to vote on all questions coming before the board of trustees.

124. County-high-school trustees are to be elected by the entire county. provisions shall thereafter apply to said counties. Said trustees shall qualify and enter upon the duties of their office in the same manner and at the same time as other county officers. (Laws 1903, ch. 432, sec. 2.)

SEC. 397. President, Secretary, and Treasurer. [7769] The county superintendent125 shall, by virtue of his office, be president of said board of trustees. At their first meeting in each year they shall appoint from their own number a secretary and treasurer, who shall perform the usual duties devolving upon such officers, and shall hold office for one year, or until their successors are appointed and qualified. Said treasurer shall give such additional bond as the county commissioners shall deem sufficient. A majority of said board shall constitute a quorum for the transaction of all business, but four votes shall be required to decide any question. (Laws 1886, ch. 147, sec. 5.)

SEC. 398. Levy by Trustees. [7770] That the board of trustees of any county high school in the state of Kansas shall at its first meeting, and annually thereafter before the first day of August of each succeeding year, make an estimate of the amount of funds needed for building purposes, for the payment of teachers' wages, for contingent purposes, and all other educational purposes connected with said high school, and having made such estimate shall make an annual levy sufficient to raise the amount desired for such purposes. But in no case shall the tax for such purposes exceed in one year the amount of the levy allowed by law on the taxable property of the county. (See note.) (Laws 1909, ch. 211, sec. 1.)

NOTE.—Limited to five-tenths of one mill by Laws 1909, ch. 245, sec. 14 (section 399 of this book).

SEC. 399. Levy Limited. [9407] For the purpose of maintaining the county high schools provided for by chapter 147, Laws of 1886, the board of trustees shall not levy to exceed five-tenths of one mill on the assessed valuation of the county. (Laws 1909, ch. 245, sec. 14.)

SEC. 400. Levy Limited; Exceptions. That section 1 of chapter 279, Session Laws of 1913, be and the same is hereby amended to read as follows: Sec. 1. For the purpose of maintaining county high schools provided for by chapter 147, Laws of 1886, the board of trustees shall not levy to exceed ninetenths mill on the assessed valuation of the county; provided, this act shall not apply to counties having a valuation in excess of twenty-eight million dollars; provided, that this act shall not apply to counties having county high schools, which were established after 1906. (Laws 1915, ch. 317, sec. 1.)

125. The county superintendent can not legally be allowed any additional compensation for services as a member of the county-high-school board except where his salary is on a per diem basis.

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