https://digitalcollections.eku.edu/files/original/2e9a5d51f11682cb4bbc03352eeec4f3.pdf e667d7bc67d082ee894eb606c55396f0 PDF Text Text ACTS OF THE GENERA.L ASSEMBLY OF THE Commonwealth of Kentucky PASSED AT The Regular Session of the General Assembly which was begun and held in the City of Frankfort, Kentucky, on Tuesday, January the Seco.nd, 1906, and at the Special Session of the General Assembly which was begun and held in the City of Frankfort, on Wednesday, March the Fourteenth, 1906. PROPERTY OF THE St:ATE OF KENTUCKY. LOUISVILLE : GEO. G. FETTER COMPANY. 1906. �L,I,. \YS OF KBXTUCKY. 393 § 2. Whereas, i t is n eces. a ry for the a,s signed cities .[llld towns m ention ed he~·cin to make th eir tax leyy for th i · year under the charter of the towns to " ·Jticb they a re assigned, a n emergency i: declared to cxii,:t and t his .iet shall take effect a nd be iu full force and effect from .a11d after its passage a nd ap,prornl b,r th e GoYernor. Approved March 21, 1906. ClL\.P1"ER 102. A); ACT lo establi sh a system of Slate no I'm al schools in Kentucky; to crea te a board of regents for the general ma nagement thel'eof: to create a normal executive council, which shall detel'mine t he requirements for admission and g rad uation and the courses of study for t he s aid schools; to Cl'eate a commission which shall determine t he location of said schools, and to appropriate fund s for their maintenance. B c it c1wct ed by the Genernl A:ssc111bl!J of flrn Cn11Mnon1r<'alth.of I(en-t uck y : § 1. 'fhere shall be est~blished and maintained as State normal schools created hereinafter provided t "·o State Xormal S chools in this-comm\ttee to be appointed to St.'ltc as follows: 'l'he " Eastern K entucky State Xormral !;;e;'.vo bound· S<·hool," to be located in n ormal school dist.ri ct No. 1, :rncl the "\Vestern K entucky Xorrn.al S:chool," t ,o be -loc:1 t0cl in normal ,school clist1•ict ~ o.. 2, the boundarier; of ,Yh ich normal school distri cts sha ll be fixed by ·a commii,: ion ap])Ointcd by the GoYernor for i.he location of u orrnal 8chools, as h er einafter pro.Yided , and which distl'ids sliall, as near as may be, be equal in p opulation. ~ 2. The object of said State normal school.· s hall be Objects. l<1 more full y cal'l's int,o effect the provisions of section on<! hundred and eigh ty-three of the Constitu tion of K entu ck.v, by giving to the teachers of t he Oon1moT11,Yealtli s nc-h training in the common school branche., in the :sei0-11<:>e and art of teaching, ai1d in such other branches �394 LAWS OF KENTUCKY. as may be deemed necessary by the Normal Exec:utiYe Council, hereinafter c1•eated, as will enable t hem to make the schools· throughout the State efficient. Board of re• § 3. 1'here is hereby created a B oard o.f Regen ts for gents created. each of sa,id normal schools, to be known, respectjvely, a!':1 "The Board of Regents for Normal School District No. 1" and "The Board of Regents for Normal Scho.ol Di strict No. 2." Said board shall have perpetual SllccesE,;jon, with power to contract and be contr.acted ,vitl1, to sue and be sued, to plead, and be imipleaded, t o rcceiYe by any le~al mode of conveyance pro.p erty of any dc-:-:cription, a nd to have and hold and enj oy the same ; also to make and use a corporate sea.I, with power to alter the snme; to adopt by-laws, rules a nd regulat iim s for t he government of their membcrs1, official agents and empl oyes : Provided, Such by-laws shall not conflict with the Constitut ion of the United States or with the Constitution of the State of K entucky. § 4. 'J'he Board of Regents for cach of ,said schools f:'hnll be composed of five meffilbers, including the Superintendent of Public Instruction, who sha ll be a member nnd chairman of each of said boards. § 5. Within thirty days after the s·election of the Appoint ment ml u·nns of bon rd of reno1'mal school sites, as her eina fter provided, the Govgent~. ernor shall appoin;t four regents for each of sa id norm al srhools, two of which shall serve for two year s and tw·o for four years, and until th eir successor s are a,ppointed and qualified; and two members shall be appoint ed in iike manner every two years thereafter to serve for n term of four years each; and, whenever a vacancy or yacancies occur in either of said boards by death, r esignat ion, r emoval from t he district, or by t he operat ion of this law, or otherwise, the Governor ,s hall, in like manner, imm cclia tely appoint some compet ent, person or per· :1 �LAWS OF KENTuCKY. 395 sons to. fill such vacancy or vacancies. The p_erson or pt·rsons so appointed shall hold office for th e unexpired term : Provided, 'l'hat no hrn member s of either of said boards shall be residents, of· any one county, and that not more t han three memibers of any of said boa rds, inc-J ucling the Superintendent of Public Instruction, shall hl'long t,o the same political party. § G. Said regents shall hold tiheir offices, for a t erm t )f four years from the first day of April next preceding 1heir appoin t men t, and until t heir successor s are duly appointed and qualified, except such as may be appointed 1o fill vacancies, who shall hold offi.ce for t he unexpired lenn only. ~ 7. Each of said Board of Regents shall hold its mect ion or Offi.r"PrS of first. rneeting within thiirty days aft er its a ppointment, board. the t ime and pl'{l,ce of meeting to be designated by the ~llpl'rintendent of Public Insitruction, who shall aclmini£ter the oath of office to each menuber. At this meeting ther e shall be selected a. vice-president and a ·S'ecretary fo r each of said boards. Said board shall also appoint a treasurer and such officers as, it may deerm necessary, but no member of either of S'a id boards shall be selected as trea,surer. § 8. Each board shall meet, quarterly at SIUCh tirno Meetings to be held by • a nd places as may be ag reed upon and, unt il the build- board. iug-s rwc arranged for and completed, and as· much oftener as may be necessar y, but, thereafter the regular meetings of each of sa id boards shall be held at its r espective normal school building. § 9. A 111.ajority of the members of ,said hoard sih a 11 constitute a quorum for the t ra nsaction of business, but uo a ppropriation of money, nor any contract which sliall r eqriire a ny app ropriatJion or' disbursement of money, s ha.Jl be made nor teacher employed' or d ismissed, unlrss �396 LAWS OF KENTUCKY. majority of all the memrbersi of the hoard shall vote for the same. § 10. Each Board of Regents shall have general conPowers and dut ies. trol and n!J3.nagemen1J of its normal school; shall possess full po,w er and authority to adoprt. all needful rul es and r rog;ulations for t he guidance and super vision of t h't conduct of the students of any department thereof; to enforce obedience to S1Uch rules, to invest the facu lty with the power to suspend or expel any pupil for disobedience to such rules, or for any contumacy, insubordina· tion or immoral conduct, and have authority to ::ippoint or dismiss all officers and teachers, to require SlH.:h reports from officers and instrrnctor,s as it, may dee1rn necessary, to apipoinrt a treasurer for such school and to determine the amount of his bond, which amount shall not be less than ten tihousand dollars. . § 11. 'rhe Superintendent of Public Insrtruction, toNorma1 execu. tivc council. gether with the president or head executive officer of each State normal ,school herein created, shall constitu te a .Normal ltxecutive . Coun:cil, whose duty it sh.all Le to prescribe the course of study to be taught in each Sta:te normal school, and the educational qualifications for admission to and graduation from same. § 12. At t he :first meeting of the N or~l Executive Council, ·which shall o.ccur within one month after the election of t he presidents of t he said normal schools herein created, there ,shall be elected from, said council a vice-president and a secretary; the Superintendent of Public Instruction shall be ex-officio president of the council. § 13. 1'his council ·shall hold it<:! meetings annually <.,r as much oftener a1s may be deemed necessary at the State Capitol or at one of the nor·mal school buildingsJ the place of meeting to be determined b~ the Superin· :i �LAWS OF KENTUCKY. 397 tcndent of Public Instruction, and a majority of the 111embers. ,shall constitute a quorum. § 14. The Board of Regents1 shall have power aml Board of re,:,.• 1 • common sea }, gents to conau t l101'1· t y t O con f er kUJY ulp oma, und er its fer P.ertificotes · - reports. upon any student of said sichool, such certificates as are usually gran ted1 biy norm.al schools. The normal cJiploma conferred by the Board of Regents upon completion of the "Advanced Course,'1' as prescribed hy the Norm,al Executive Council, shall entitle the holdet' thereof to teach in any county in this State; without fur ther examination, unt il revoked by tbe Board of Regents granting same, or by a county superintendent, or the State Superintendent of Publk Instruction, for in, c·vn1i1)etency, cruelty, imrmorality, drunkennesis or neglect cf duty; and the normal certificate, granted in like man1ter upon completion, of the "Elementary Course," shall bear the names. of the branchef;l' of study completed, and 5!aid certificate shall erntitle t he holder t hereof to teach the branches therein named for a period of two years from date thereof, unless sooner revoked by said board, county school superintendent, or State Superintendent of Public Instruction, for one or more of the causes above specified .. Tihe ,s ecr etar y of the Boards of Regents shall annually, by •t he 15t h of June, transmit to the State Superinte:g.dent the names of t hose 1•eceiving such diplomas or certificates, wit h residence and date of issue, a nd t he Stait e superintendent shall annually, by t he fimt ,if July, forward to ea1ch county superintendent a print ed Lst of persons holding State certificates then in force, and t hose authorized to t each under the provisions of thi s section, giving name, residence, d'ate of qualifica tion and by whom conferred, and the date on_which each uormal certificate ,shall expire; a.nd, t~e holder of such State certificate, normal diploma or normal certificate �398 LAWS OF KENTUCKY. shall, befor e commendnig to teach a public sch ool in any county in this. State, notify the county superintendent thereof o.f such fact, give date of qualifioaitfon and ~)y whom conferred, and the county s·chool s uperintendeut shall Yerify same by examination of the list sent him by the State S uperintendent; and, if found correct, . hall duly record th e said teacher as eligible to teach in uch county. Power to re§ 15. 'Dhe Boards of R egents ~·h all ha.v e power to apmove officers and. fix compen• l)Oint and to. r etnOVe t ]1 e p residen t profeSSOrS and teachsat1on. , ers of the normal seh ools, to fix their collllpensation, the tommen cement and termination of their respective terms of office, n ot to exceed two years for any one term. Causes for re• § 16. No. president, professor 0 1' tea•cher shall be removal of offl. ccrs and teach- moved except for incompetency, neglect or refusal to percrs. for m his dut,y, or for immoral conduct; nor shall su ch :president, pr~fessor or teach er be removed until after t('n days' n otice in writing, stating t he na,t ur e of the charges preferred; and such person shall have an o.pport nnity to 1uakc a defense before the board, by counsel or otherwise, and sihall be a llowed to int roduce tcsUmony, \Yltich ha ll be heard and determined by the b oard. In eyery case of t he s uspension or expuls ion of a st.uclent by the faculty, the per son ~o. sm,1)ended or expelled shall IJe a llowed to appeal from the decision of th e faculty ro the Boai·d of Regents, and it -shall be the duty of th e Board of R egents to ,p rescribe the manner a n d mode of proceeding in the matter of su ch a,p peal ; but the decision o.f the Board of R egents sh a ll be final. Special meet§ 17. Upon the written r equest of any two members ings. c,f t he Board of Regents, or at t he request of the facu lt y, signed by t h e president and certified by the secretary i hereof, t he cha irman of th e B'oard of R egents ma y call a s.pecial meeting :and t h e object or objects th ereof, and �LAWS OF KENTUCKY. 399 no other business, shall be transacted at such meeting, unless all the members of the board are present and consent, thereto. § 18. NO member of the Board of Regents, n-Or mem- Mileage allowed board. ber of the Normal Executive Council, shall d,raw any salary for services as such, but shall receive six cents per mile for every mile necessarily traveled in going to and from each meeting for the board, and other l,egiti111ate expenses, to be paid out of the coll!tingen t fund of t he school. § 19. . No president, professor, tea,cher, regent, mem- 6!~;r~;rnt~ °i;~ ber of the Normal Executive Council or other officer or ~:f:!e~~e~o~~ t mploye shall keep for sale, or be interested, directly t racts. or indirectly, in any contract or purchase for the building or repaiiring any structure, or for fencing or ornan1enting the gTounds, or furnishing any S1U,p pl'ies or material for the use of said normal school. § 20. 'l'he president of t he respective Boards of Re- Annual report to State o-entis shall make to the State Superintendent of Public ol Superin~endent :::, Pubhc InInstruction an annual report, in the month of August struction. <}f each year, ,vhich shall contain a full account of the ac ts of said board, of all receipts of moneys from. appropriations, t uition, fees and all other sources, and the disbursements •thereof, and for what pul'pose, and the ronditions of sa.id normal scho·o1; also ·a list of the names and places of r esiden,ce of all students fuat may have been taught in the normal school durin,g the preceding year, the number of term.rs enrolled, the number of days (·uch has taught, and the amount of the tuition or inci dental fees paid. § 21. The treasurer of the respective Board of Re- Tl'ea, 11rer f.,, gents, before he enters·upon the duties of his office, shall execute l>ornl. enter into a bond to tihe Commonwealth of K entucky, with .notJ less than two solvent sureties or a guarantee company authorized to· do business in Kentucky, in n 1 ' I. �400 LA \VS QI•' KgNT UCI-:Y. :::1uu of not le ·s t han: . ten th ousand dolla r s, to be appro.ved hy tJie boa rd, conditioned t hat he will faitJifull y pt>r for m all the d.ut ies r equired of him by la w as su ch treas urer, which bond shall be filed with the secr etnry of t he board. s 2-2. It sha ll be the du ty of t he treasu r er of th e 1~reasurer to receive and boat·u to rccefre a nd disb u rse all moneys under t he con,dishnrse money~ om- trol of the Board of Regents and perform all such a cts .pens:1 tion. :i s per ta iu to hi::- offi ce, under the d irection of t he B oar d of R egents, and t o nm k e a r ep or t of t he same to th e board a t its qu a r t,e rl y meetings. In the mon th of A.ug-u . t tlf ea ch yea r, the t reasurer of said board shra ll also make a u<.l furnii-11 to t he B oard of Regents, to be by i t 1ranRmitce~l to t,he Sta.tc Su perintendent of P u blic Instr uction. au alJi- t.r act of wh ich sh all co,:ntain full a crouut of a ll moneys r ccei vcd a nd disbursed by th e school dming tlre p receding yea r, s,ta.ting from wihat source r eceived anJ. on what a C'count paid out , a n~ the a mou n t pa id to e.ach p rofes,sor, •tea ch er or other offi,cer of t he school ; a ucl on or before the second Monday in J,anu ar:-, one t h OHF;a n 1l nine 1rn ndr eu a n d eigh t , a nd every t \\"O >·ea t'B tlu' reafter, sa id tr ea.·m-c1, shall a l ·o r eport to t he Bo,uLl of I: C"genl:-, t-o be by i t transmitted to t he General A ~:-(:'mhly , Hn itemi r.ed ~tatemcnt of all r eceip ts nnd exp<>n,lil11 1·1•:-1 fn l' the Lwo ca le ndar :y,cars preceding, showiu~ min n tt>ly nll disbm·semen t ~ of moneys r eceived from th<> State or other s011r ces . 'rhe compensa t ion of t he t l'ea~ ur er ,;ha ll he fixed by t he Boar d .of R egents,. ~ t· § 23. It shall be o.he duty of the secretary of the u ,1 tes o1 sec~~~~;;;i~t'· boal'Cls to k eep a ud pr eser ve all r ecords, books a nd papers belonging to the board . Ile sh all keep a jou rnal of t be proceedi ngs, of the board, in which, i:f r equested by a n:v member of the Boar d of R egen ts, t h e ayes and n oes on a ll quest ions shall be enter ed. H e sha ll prepar e, under t he d ir ect ion of the board, all r ep or t s, estimates a n d �LAWS OF KEN'fUCKY. 401 to execute all such mat.ter.s as belo.n g to his office. His C'Om'pensa tion shall be fixed by the board. § 24. 'l'he resp ective Boards of Regents s hall, at their Provisions ior regular meetings,, pro-vide for t,h e payment of. any in- ~!{~:~s~1 in· debtedness of the school, and for that purpose they shall Eet apart all moneys ,Yhich may be derived from tuition or other fecFl paid by student,s to the payment of: First, t he inddenl{1l exipenses of su ch school; and, second, the paymen t; of' S11'<J.1 indebtedness ; and unt il such i.ndebt('dness sha 11 Le fully paid off, no part of the fund deriYcd fro.m t n it.ion or ouher inddenta.l fees shall be used for t he payment of professors, t eachers or other officers or emiploy~ of snch s:chool, nor shall the board, until such ind ebtedness be fully paid, make any con.tract, for the hire, employment or payment of professors, teachers or ol,h P1· oflicial s, or emJ)loyes of su ch schools that will he a g•reater su111J of money for th e a nnual payment, t:here1i( than the amount of t he appropriation by the State fo 1· the Sijl prport of said school for that _year. § 25. All appropriations made by the General Assemul.r foe t he ~upport of normal schools, or for tbe benefit 1hct'r of, aud all grantsi, gifts, bequests or donaUons by nn)' indiYicl11al or corporation fo.r a specified use shall l,r. a pplietl. t,o su cli use or uses and no other. § 26. Ba0h legislative d~strict in t he State shall be Gratuitous in· struction-pun 1 t itled annually to the appointment of ten pupils for pits, how . chosen. gml;nit ons instruct ion in the normal school, to be chosen in t he follo,Ving manner: The superintendent of schools in each co11nLy shall receive and register the rnames of all appliC'ant,s for admission to said school, and shall examine such applicants at such t ime and in such manner · as th e No.t•11rn.l E xecutive Council may direct, and the tPn applica nts found to possess the highesit qualificat ions ic,l1a11 be al"ceptcd as the pupils to which said district is , ·ntitlecl. 8aitl appointmell'ts shall be for the full term �402 LAWS OF KENTUCKY. of the prescribed cour,se of study in the school ; any vaC"f:.ncy in any district may be filled in the same ni:anne" as provided for regular appointments. Should the num. ber of applicants during· any term, not reach the munter allowed for the district, ,said district may, dm,ing any other term, ap,point a sufficient nli111iber to 1nake the average for any year that to which tlrn district is e:ntitled under the provisions of this sectio~. The Board (If Regents shall have power in case any pupil so appointed shall refuse to sign and file wlith the secretary of said board a declaration that he or she will teach in the puoEc schools of this State not fewe1· than three ;y,ears1, in cas,e engagement can be secured by reasonable dfort, to r equire ,s aid puipil to provide for the payment of such fees and tuition as, the, Board of Regents may prescribe. Mo?el orl 1 § 27. 'l'he Board o.f Reirents of eac,h school ll11ay mainpractice sc 100 • ._, tain in connection with.the said normal schools,, a model and prac.tice school, under the S1Upervision of thoroughly trained teachers, for the purpose of giving observatfon :rnd practice work to the student teachers. Commission § 28. The Governor shall, within thirty days after to l ocate the schools. this act becomes a law, appoint a commission composed of seven persons, one from eac~ aprp ellate dis,t rict of the State, who shall, w'lithill' thirty days after their appointment, meet at Frankfort1 Kentucky, on a date fixed IJy the Governor and oro·anize •and arrano·e to receive ~ e, from those localities in Kentucky desiring to s~cure the location of said schools, propo&ls for dona,t ions of imitable sites and other valuable considerations, and shall, within ninety days after their a,ppointment, locate the. said schools in siaid normal se<hool districts at the place making the mos,t advantag;eous; offers,, all things considered. All proposals for sites or locations for the schools shall be in writing, and shall be entered at large t, ' , �LAWS OF KENTUCKY. 403 en the r ecords of th e commission, and the findings of the commission fixing the locat ions shall be in writing and en ter cel at large on tlle records of the said commis~;ion: J •rovided, 'l'hat nQ town er city shall be selected for the location of said school which does not have facilities for a good water supply and other conveniences neces~a ry for the institution. § 29. ' In. order t o ena,b le the Boards o,f Regents to Appropria.-' carry into effect the provisions of this act, there is here- t ion. Ly aprproipriated •t he sum of ten thousand . dollars ($10,000) to be divided equally between. the two norrnal school herein provided for, for the pm'pose of equipping suitab,le buildings, improving grounds, etc'. , and t he sum of forty t housand doUar,s ($40,000) annually t o be dhrided equally between the t wo schools for the r urpose o.f defraying the salaries of t e.,1,cheus and other current ex penses : Provided, That the latter approp1~iation shall not become effective for any school until the buildings have been equipped and the s,chool r egularly opened. § 30. 'fho money her,eby a,ppropriated for equipment Deed s t o be made to Com~hall be available immediately for . each of said normal monwea.lth. schools uponr the delivery of a good gener al wa rranty deed , conveying to the Commonwealth the property t o be donated as above provided and its accept ance by t he locating conunission. Th': money appropria.ted under tbis a.ct for equipment and maintenance of t he schools sha.ll be disbursed as follows, viz..: The chairman and secr etary of the Board of Regent s shall draw th eir ·warrants for the equipment and ma.in1,e nance of each -s chool provided for under this act on the Auditor o.f Public Accounts, payable to the treasurer of each normal sichool, and upon r eceipt of said draft hy the A uclitor, he shall draw his warran t fort.he proper ,1monnt. upon t he Treasurer of the State. The money �-404 LAWS OF KENTUCKY. authorized to be paid out o.f the State 'J''r easury under this aet shall be paid out of the general funds not otherwise appropriated. § 31. · ·whereas, in order to orpen during t he present year the normal school s p1·oyided for in thisi act, it is necessary that t,h e s,a me become effective a,s soon as pos:c.ible; and, whereas, a public necessity exists for the immediate establishment and opening of norma l s1chools in this State, ini order 1:lo make its common school sy,stem more effective as required by the Constitution of Kentucky, an emevgency is therefore declared to· exist and this act shall take effect from andl after its passage and approval 1.)y the Governor. Approved March 21, 1906. CHAP'l"ER 103. AN ACT to amend an act, entitl ed "An act to pi·ovide for the establishment ancl maintenance of a Confederate Home, to be a chari· table institution the State of Kentucky, and providing for the care and rnain tenance of the infir m and clepenclent Confedera te soldi er s of the State of Kentucky, and to prnvide und er propar conditions for admission and care of sold ier s who may have wives, and fo r those \\"ho may h a ve rendered service to th e Confedera te cause," approved March twenty-seventh, one thousa·nd nine hundred and two, and a mended by an act approv ed March t we nt ysixth, one thousand nine hund red and four. of Be it enacted by the Genercil A sse,n bly of the Coni11w n1realth of Ke1itiwky: (First.) inal act. § 1. 'l~hat section four in the ·act aipproved Febru ar y twenty-sixth, one thousand nine hundred a nd four, which reads as follows: orig. " § 4. '.Dhe said board of trustees are requil'ed to elect a presiden t" from amollig their own: nuilliber, and may, at its discr etion, elect a treasurer and secretary, either � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Eastern Kentucky University Vertical Files Description An account of the resource This is an artificial collection of newspaper and magazine clippings from a variety of sources and on many university topics. Also includes ephemera such as programs relating to the subjects. Date A point or period of time associated with an event in the lifecycle of the resource 1906-present Format The file format, physical medium, or dimensions of the resource news clippings ephemera program Language A language of the resource eng Type The nature or genre of the resource text Identifier An unambiguous reference to the resource within a given context 0001-001 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Kentucky Act of Legislature Creating Eastern Kentucky State Normal School Source A related resource from which the described resource is derived EKU Vertical Files Date A point or period of time associated with an event in the lifecycle of the resource 1906 Format The file format, physical medium, or dimensions of the resource legislation Language A language of the resource eng Type The nature or genre of the resource text Identifier An unambiguous reference to the resource within a given context 0001-001-actsoflegislature