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shall be signed by the president, attested by the clerk and countersigned by the treasurer of the board of education; and said bonds shall specify the rate of interest and the time when principal and interest shall be paid, and each bond so issued shall be for a sum not less than fifty dollars. (Laws 1876, ch. 122, art. 11, sec. 26.)

SEC. 189. Annual Levy for Interest and Sinking-fund. [7617] The board of education, at the time of its annual levy of taxes for the support of schools as hereinbefore provided, shall also levy a sufficient amount to pay the interest as the same accrues on all bonds issued under the provisions of this article, and also to create a sinking-fund for the redemption of said bonds, which it shall levy and collect, in addition to the rate per cent authorized by the provisions aforesaid for school purposes; and said amount of funds, when paid into the treasury, shall be and remain a specific fund for said purpose only, and shall not be appropriated in any other way except as hereinafter provided. (Laws 1876, ch. 122, art. 11, sec. 27.)

SEC. 190. Investment of Sinking-fund. [7618] All moneys raised for the purpose of creating a sinking-fund for the final redemption of all bonds issued under this article shall be invested annually by the board of education in the bonds of the state of Kansas, or of the United States, or the board may buy and cancel the bonds of the district whenever such may be purchased at or below par. (Laws 1876, ch. 122, art. 11, sec. 28.)

SEC. 191. Payment of Interest. [7619] Whenever the interest coupons of the bonds hereinbefore authorized shall become due, they shall be promptly paid, on presentation, by the treasurer, out of money in his hands collected for that purpose; and he shall indorse upon the face of such coupons in red ink the word "Paid," and the date of payment, and sign the initials of his name. (Laws 1876, ch. 122, art. 11, sec. 29.)

SEC. 192. Security. [7620] The school fund and property of such city and territory attached for school purposes are hereby pledged to the payment of the interest and principal of the bonds mentioned in this article, as the same may become due. (Laws 1876, ch. 122, art. 11, sec. 30.)

SEC. 193. Bonds Registered. [7621] It shall be the duty of the clerk of the board of education to register in a book provided for that purpose the bonds issued under this article, and all warrants issued by the board, which said register shall show the number, date and amount of said bonds, and to whom made payable. (Laws 1876, ch. 122, art. 11, sec. 31.)

SEC. 194. Levy for Buildings. The board of education of all cities of the second class, having a population of over thirtyfive hundred and less than fifteen thousand population, are hereby authorized to locate and build schoolhouses or additions thereto. within the district. Before any contract is let, the board of education shall record upon the journal of its proceedings a finding that the erection of such schoolhouse, schoolhouses, or such addition or additions thereto, is a public necessity for the accommodation of its schools and shall certify to the county clerk of the county an annual levy for a period of not more than four years, said levy not to exceed two mills upon the dollar of all taxable property in the school district, including attached territory, if any, which taxes may be levied in addition to all taxes now levied under the law, and shall be levied, entered upon the tax roll, and collected in the same manner as other taxes; provided, that the question shall have been submitted to the qualified electors of the district, and a majority of all the qualified electors voting upon the proposition shall have declared by their ballots in favor thereof. (Laws 1913, ch. 120, sec. 1.)

SEC. 195. Payment by Warrants or Bonds. The board of education may divide the cost of said structure, structures, or additions, into equal installments and, in its discretion, provide for the payment of any one of them, either by an annual levy of not to exceed two mills on the dollar, or by time warrants or bonds of the school district, signed by the president and clerk, and countersigned by the treasurer of the district, in denominations of not less than one hundred dollars nor more than five hundred dollars, each bearing interest not to exceed five per cent. Said time warrants or bonds shall not be sold below par, and shall mature not later than the close of the period of four years or less in which the required amount might have been raised by the annual levy as hereinbefore provided, and a sufficient levy, not to exceed two mills, shall be certified and made in each year to pay said warrants or bonds and all accruing interest thereon. No one school building or addition to school building built under this act shall cost more than seventy thousand dollars. (Laws 1913, ch. 120, sec. 2.)

SEC. 196. Expenditure for Additional School Grounds. The board of education may expend a sum not to exceed two thousand dollars to buy additional school grounds. (Laws 1913, ch. 120, sec. 3.)

SEC. 197. Bonds Issued to Pay Outstanding Warrants. The board of education of any city of the second class is hereby authorized to issue bonds of such board of education, in an amount not to exceed the total amount due on warrants of said board of education outstanding at the time this law takes effect, including accrued interest thereon. The proceeds derived from the sale of said bonds shall be used for the payment of the amount due on such outstanding warrants, including interest, and for no other purpose whatsoever. (Laws 1911, ch. 105, sec. 1.)

SEC. 198. Denominations; Payment; Signatures. Said bonds shall be issued in denominations of not less than $100, and shall be payable not more than twenty years from the date thereof, and shall bear interest at a rate not to exceed five per cent per annum, payable semi-annually, for which interest coupons shall be attached to said bonds. The board of education issuing said bonds shall by resolution determine the time or times when said bonds shall be payable and the denomination or denominations thereof. The bonds shall be signed by the president and clerk of the board of education issuing the same, and the coupons shall be signed in the same way, or have printed or engraved thereon a facsimile of said signature. (Laws 1911, ch. 105, sec. 2.)

SEC. 199. Sale of Bonds. Said bonds shall be sold under the direction of the board of education issuing the same, for not less than their par value, and no commission shall be allowed for the same.

No bonds shall be delivered to any purchaser unless the board of education issuing the same shall receive at the time of the delivery thereof the outstanding warrants which are paid by the proceeds of said bonds. (Laws 1911, ch. 105, sec. 3.)

SEC. 200. Tax for Interest and Sinking-fund. Each board of education issuing bonds under the provisions of this act shall each year levy a tax on the taxable property of said city and the territory attached thereto for school purposes sufficient to pay the interest accruing thereon, and shall also make such provision for a sinking-fund as it may deem proper. (Laws 1911, ch. 105, sec. 4.)

SEC. 201. Validity of Official Acts. [7627] That in cases wherein, in cities of the second class of over 10,000 inhabitants, the boards of education have heretofore consisted of but six members, the official acts and proceedings of such boards heretofore had and taken, and contracts made and entered into and obligations incurred by such boards of education in pursuance of the laws of Kansas governing boards of education in such cities, be and the same are hereby ratified and confirmed, and declared to be of the same validity, force and effect as though said boards of education had consisted of two members from each of the wards of such cities. (Laws 1907, ch. 243, sec. 1.)

NOTE.—For the election of members of the board of education in cities of the first and second class see section 102 of this book.

ARTICLE V.-Cities of the Third Class.

$202. Cities of the third class defined ; $203. No portion of city shall be detached government of public schools.

from school district. SECTION 202. Defined. [7629] Public schools in incorporated cities which have not less than 250 and not over 2000 inhabitants, if not otherwise provided for by law, shall be governed by the provisions of this act which apply to the organiza32. See chapter X.

tion and maintenance of district schools32 or of union or graded32 schools. (Laws 1876, ch. 122, art. 12, sec. 1.)

SEC. 203. No Portion of City Shall be Detached. [7630] That no portion of the corporation of a city of the third class shall be detached from the school district in which the city is located, and the whole of such corporation shall be and remain in one school district for the purpose of schools and taxation.33 (Laws 1876, ch. 122, art. 12, sec. 2.)

33. See section 7628, General Statutes of 1909 section 164 of this book, for the attachment of territory where a city of the third class has become a city of the second class.


CHAPTER VI.-Compulsory Education. $204. Who must attend school; liability of $ 209. Annual school census. parents and guardians.

210. Deaf, mute and blind must be edu. 205. Truant officers; appointment; duty: 206. Incorrigible pupils.

211. Penalty. 207. Compensation of truant officers.

212. Education of children in asylums. 208. Teachers and school officers to report.

SECTION 204. Who Must Attend School; Liability of Parents and Guardians. [7736] Every parent, guardian or other person in the state of Kansas having control or charge of any child or children between the ages of eight and fifteen years,34 inclusive, shall be required to send such child or children to a public school, or a private, denominational or parochial school85 taught by a competent35 instructor, each school year, for such period as said school is in session; provided, that any child of the age of fourteen years or more who is able to read and write the English language, 36 and who is actively and regularly employed36 for his own support or for the support of those dependent upon him, shall not be required to attend the aforesaid schools for a longer period or term than eight consecutive weeks in any one year; provided, that any and all children that have received a certificate of graduation from the common schools of any county or certificate of admission to a high school in any city in the state of Kansas shall be exempt from the provisions of this act; provided, that the children who are physically or mentally incapacitated for the work of common schools are exempt from the provisions of this act, but the school authorities shall have the right, 37 and they are hereby authorized, when such exemption under the provisions of this act is claimed by any parent, guardian or other person in the control or charge of such child or children, to cause an examination of such child or children by a physician or physicians employed for such purpose by such authori

34. The ages are from the time the child becomes eight years old until it becomes fifteen years old.

35. The parent or guardian may determine the particular kind of a school which the child shall attend. Attendance at a night school does not afford sufficient time to become a substitute for attendance upon a day school. This state requires that instructors in such schools be competent; a teacher may be competent without being the holder of a teacher's certificate. For exclusion on account of a contagious disease, see section 326.

36. He must be able to read and write the English language, and also be actively and regularly employed as stated in the law.

37. It is entirely within the province of school authorities to determine the validity of the claim for exemption.

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