portions of the above statutes unconstitutional renders such portions null and void from their very enactment. Children cannot be transported to private schools at the expense of the public school district. The mere fact that a private bus owner charges a rate for transporting children to private schools which is different from that which he charges the public school district for transporting children to public schools does not in and of itself render such arrangements illegal, but that such arrangement would be illegal if the facts showed that in some way public school money was being used to pay for the transportation of private school students. Opinion of Attorney General, No. 81, Sherman, June 14, 1954. Records and Reports Pupils and Special Services (ch. 167). SEC. 167.081. Teachers to report nonattendants—investigation and warning-institution of proceedings.-1. In each school district the clerk of the board shall furnish all teachers of his district at the beginning of the term with a copy of the last enumeration of the district. The teacher shall compare this list with the enrollment and report to the attendance officer at the end of each week during the first month once a month thereafter, and oftener if necessary, the names of all nonattendants between the ages of seven and sixteen, together with the names of the parents or guardians, or other persons having charge, control or custody of the nonattendants. 2. The attendance officer shall immediately investigate the nonattendants and by written or printed notice, shall warn any parent, guardian, or other person having charge, control or custody of a child who is violating any provision of sections 167.031 to 167.051 to comply with the provisions of the sections within three days from the service of the notice. 3. If within three days from the date of the service of the notice of warning, the parent, guardian or person having charge, control or custody of the child does not comply with the provisions of the sections, the school attendance officer shall institute proceedings against him under section 167.061 by filing a complaint in any court having jurisdiction of misdemeanors in the county in which the party resides. [(L. 1963 p. 276 sec. 8-8) (Source: RSMo 1959, sec. 164.060)] SEC. 167.101. Certain persons may administer oaths and take affidavits— issuance of certificates.-Superintendents, principals and persons in charge of schools and attendance officers may administer oaths and take the affidavits of parents, guardians or other persons having charge, control or custody of children, concerning the ages of children, and furnish children with certificates of the affidavits. The certificates must have attached the signature of the child for whom it is issued, the signature of the persons who made and took the affidavit, and the seal of the school board of the district and shall contain the description of the color of eye and hair of the child to whom it is issued. [(L. 1963 p. 276, sec. 8-10) (Source: RSMo 1959, sec. 164.100)] Teacher Certification Personnel-Teachers and Others (ch. 168). SEC. 168.011. License required.-No person shall be employed to teach in any position in a public school until he has received a valid certificate of license entitling him to teach in that position. [(L 1963, p. 281, sec. 9-1) (Source: RSMo 1959, sec. 168.010)] CONSTRUCTION AND APPLICATION.-Section 168.011 et seq., dealing with employment of public schoolteachers does not require that applicant be presently employable nor has it prohibited a cleric or religious from being certificated, hence the board of education may not lawfully add prerequisites in excess of those prescribed by law. Op. Atty Gen. No. 164, Wheeler, 6-2-66. SEC. 168.021. Issuance of licenses.-Certificates of license to teach in the public schools of the state shall be granted as follows: (1) By the state board of education, under rules and regulations prescribed by it: (a) Upon the basis of college credit; (b) Upon the basis of examination; (c) To each student completing in a satisfactory manner at least a two-year course in a city training school as provided for in section 174.410, RSMO. (2) By the Missouri state colleges, state teachers' colleges, the University of Missouri and Lincoln University to graduates receiving the degree of bachelor of science in education, a life teaching certificate bearing the signature of the commissioner of education and which shall be registered in the state department of education. CONSTRUCTION AND APPLICATION.-Membership in the ordained clergy or in a religious order and the taking of a religious vow did not prevent qualified person from being lawfully employed as a teacher of secular subjects in a public school; and obligation to remit all or part of the teacher's salary to religious organization or church does not prevent qualified person from being lawfully employed as public schoolteacher. Id. There is nothing in the Missouri Constitution or statutes or the United States Constitution prohibiting the placing of student teachers in parochial or private schools as part of the student teaching programs at Northeast Missouri State College. Op. Atty. Gen. No. 56, Burch, 2. 4-70. SEC. 168.031. Requirements for licensing.-No person shall receive or hold any certificate who does not present evidence of good moral character and who, except those persons who held certificates entitling them to teach in the public schools on September 1, 1927, has not satisfactorily completed a four-year approved high school course. The high school work may be done in any public, private or parochial school. [(L. 1963, p. 281, sec. 9-3) (Source: RSMO 1959, sec. 168.050)] SEC. 168.131. Teacher to furnish health certificate.-No teacher shall be employed to teach in the schools of Missouri who has not furnished a certificate by a reputable physician, showing the teacher to be in good health and free from any contagious disease at the time the certificate is granted. [(L. 1963, p. 284, sec. 9-13) (Source: RMSo 1959, sec. 163. 110)] HEALTH CERTIFICATES.-The requirement that teacher furnish health certificate, is referable to actual period of employment and not date of execution of contract. 23 S.W. 2d 1013. Health and Safety Pupils and Special Services (ch. 167). SEC. 167.181. Immunization of pupils against certain diseasescompulsory-exceptions-records-to be at public expense, when.— 1. The division of health of the department of public health and welfare, after consultation with the department of education, shall promulgate rules and regulations governing the immunization against poliomyelitis, rubella and rubeola, and diphtheria, to be required of children attending public, private, parochial or parish schools. Tetanus and pertussis may be included in the vaccine administered. The immunizations required and the manner and frequency of their administration shall conform to recognized standards of medical practice. The division of health of the department of public health and welfare shall supervise and secure the enforcement of the required immunization program. 2. It is unlawful for any student to attend school for longer than one month unless he has been immunized, as required under the rules and regulations of the division of health of the department of public health and welfare, and can provide satisfactory evidence of such immunization; except that if within the month he produces satisfactory evidence of having begun the process of immunization, he may continue to attend school as long as the immunization process is being accomplished in the prescribed manner. It is unlawful for any parent or guardian to refuse or neglect to have his child immunized, as required by this section, unless the child is properly exempted. 3. This section shall not apply to any child if one parent or guardian objects in writing to his school administrator against the immunization of the child. 4. Each school superintendent, whether of a public, private, parochial or parish school, shall cause to be prepared a record showing the immunization status of every child enrolled in or attending a school under his jurisdiction. The name of any parent or guardian who neglects or refuses to permit a non-exempted child to be immunized against diseases as required by the rules and regulations promulgated hereunder shall be reported by the school superintendent to the division of health of the department of public health and welfare. 5. The immunization required may be done by any duly licensed physician or by someone under his direction. If the parent or guardian is unable to pay, the child shall be immunized at public expense in a manner to be determined by the division of health of the department of public health and welfare after consultation with the school superintendent. 6. Funds for the administration of this section and for the purchase of vaccines for children of families unable to afford them shall be appropriated to the division of health from general revenue or from federal funds if available. [(L. 1963 p. 278, sec. 8-18) (Source: L. 1961, p. 349 secs. 1, 2, 3, 4, 5, 6)] Compiler's Note: See also TEACHER CERTIFICATION, Ch. 168, sec. 168.131. Federal Aid Pupils and Special Services (ch. 167). SEC. 167.201. School lunch program-funds-duties of state board.1. The provisions of the National School Lunch Act, as amended, (60 U.S. Stat. at Large 230; 42 U.S.C.A. 1751 to 1760), are accepted, and the funds provided thereby shall be accepted for disbursement. 2. All funds under the provisions of the act shall be deposited in the state treasury to the credit of the fund to be known as the "School Lunch Fund" which is hereby established. 3. The state board of education is designated as the state educational agency, as provided in the act, and is charged with the duty and responsibility of cooperating with the Secretary of Agriculture in the administration of the act and is delegated all power necessary to such cooperation. [(L. 1963 p. 279, sec. 8-20) (Source: RSMo 1959, secs. 160.160, 160.170)] Special Schools and Instruction and Special Districts (ch. 178). SEC. 178.430. Acceptance of federal acts and funds.-1. The act of congress enacted by the 65th Congress at the second session thereof, entitled "An act to provide for the promotion of vocational education; to provide for cooperation with the states in the promotion of such education in agriculture and the trades and industries and home economics; to provide for cooperation with the states in the preparation of teachers of vocational subjects; and to authorize the appropriation of money and regulate its expenditures" and approved February 23, 1917 (20 U.S.C.A. secs. 11-28); Public Law 346, enacted by the 78th Congress, entitled "Servicemen's Readjustment Act of 1944," and approved June 22, 1944; Public Law 679 entitled "To authorize the Veterans Administration to reimburse state and local agencies for expenses incurred in rendering services in connection with the administration of certain training programs for veterans and for other purposes, enacted August 8, 1946" and any other subsequent acts of congress which provide federal funds for public schools or other educational agencies and for the necessary administration and supervision of the same, are accepted. 2. The benefits of all funds appropriated under the provisions of such acts are accepted as provided in the acts. [(L. 1963, p. 313, sec. 13-43) (Source: RSMo 1959, secs. 162.020, 162.030)] ANNOTATION.-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. SEC. 178.480. Approved schools to receive federal money, whenappropriation of state's share.-Any approved school, department or class giving instruction in agriculture, industrial, home economics, or commercial subjects is entitled to share in the federal money, conditioned that for each dollar of federal money expended for salaries the state or local community, or both, shall expend an equal amount. The state board of education shall recommend to each session of the general assembly the amount of money which should be appropriated by the state for such allotments during each succeeding biennial period. [(L. 1963, p. 314, sec. 13-48) (Source: RSMo 1959, sec. 162.090)] Miscellaneous Assessments (Laws applicable to Schools) (ch. 137). *** SEC. 137.100 Certain property exempt from taxes.-The following subjects are exempt from taxation for state, county or local purposes: (5) All property, real and personal actually and regularly used exclusively for religious worship, for schools and colleges, or for purposes purely charitable and not held for private or corporate profit, except that the exemption herein granted does not include real property not actually used or occupied for the purpose of the organization but held or used as investment even though the income or rentals received therefrom is used wholly for religious, educational or charitable purposes. [As amended Laws 1959, H.B. No. 108, sec. 1. (Sources: Laws of 1945, p. 1799)] MONTANA CONSTITUTIONAL PROVISIONS Public Aid For Nonpublic Schools The Legislature (art. 5). SEC. 11. Bills.-(1) A law shall be passed by bill which shall not be so altered or amended on its passage through the legislature as to change its original purpose. No bill shall become law except by a vote of the majority of all members present and voting. (2) Every vote of each member of the legislature on each substantive question in the legislature, in any committee, or in committee of the whole shall be recorded and made public. On final passage, the vote shall be taken by ayes and noes and the names entered on the journal. (3) Each bill, except general appropriation bills and bills for the codification and general revision of the laws, shall contain only one subject, clearly expressed in its title. If any subject is embraced in any act and is not expressed in the title, only so much of the act not so expressed is void. (4) A general appropriation bill shall contain only appropriations for the ordinary expenses of the legislative, executive, and judicial branches for interest on the public debt, and for public schools. Every other appropriation shall be made by a separate bill, containing but one subject. (5) No appropriation shall be made for religious, charitable, industrial, educational, or benevolent purposes to any private individual, private association, or private corporation not under control of the state. (6) A law may be challenged on the ground of noncompliance with this section only within two years after its effective date. Education and Public Lands (art. 10). SEC. 6. Aid prohibited to sectarian schools.—(1) The legislature, counties, cities, towns, school districts, and public corporations shall not make any direct or indirect appropriation or payment from any public fund or monies, or any grant of lands or other property for any sectarian purpose or to aid any church, school, academy, seminary, college, university, or other literary or scientific institution, controlled in whole or in part by any church, sect, or denomination. (2) This section shall not apply to funds from federal sources provided to the state for the express purpose of distribution to non-public education. Compiler's Note: See also STATUTORY PROVISIONS, FEDERAL AID, Ch. 73, sec. 75-7303. Tax Exemptions For Nonpublic Schools Revenue and Finance (art. 8). SEC. 5. Property tax exemptions.—(1) The legislature may exempt from taxation: (a) Property of the United States, the state, counties, cities, towns, school districts, municipal corporations, and public libraries, but any private interest in such property may be taxed separately. (b) Institutions of purely public charity, hospitals and places of burial not used or held for private or corporate profit, places for actual religious worship, and property used exclusively for educational purposes. (c) Any other classes of property. (2) The legislature may authorize creation of special improvement districts for capital improvements and the maintenance thereof. It may authorize the assessment of charges for such improvements and maintenance against tax exempt property directly benefited thereby. Convention Notes.-1889 constitution [Art. XII, sec. 2] makes it mandatory that all property listed in subsection (1)(a) be exempt from taxation. Revision leaves all exemptions at discretion of legislature. Specifically permits taxation of private interests in government-owned property and assessment of special improvement district charges on tax exempt property. Miscellaneous Education and Public Lands (art. 10). SEC. 1. Educational goals and duties.-(1) It is the goal of the people to establish a system of education which will develop the full educational potential of each person. Equality of educational opportunity is guaranteed to each person of the state. (2) The state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity. (3) The legislature shall provide a basic system of free quality public elementary and secondary schools. The legislature may provide such other educational institutions, public libraries, and educational programs as it deems desirable. It shall fund and distribute in an equitable manner to the school districts the state's share of the cost of the basic elementary and secondary school system. STATUTORY PROVISIONS Schools (title 75). School Accreditation, Curriculum and Adult SEC. 75-7502. Accreditation of schools.-Every school year the conditions under which each elementary school, middle school, junior high school, and high school operates shall be reviewed by the superintendent of public instruction to determine each school's compliance with the standards of accreditation. The accreditation status of every school shall then be established by the board of public education upon the recommendation of the superintendent of public instruction, and notification of such status for the applicable school year shall be given to each district. [History: En. 75-7502 by Sec. 373, Ch. 5, L. 1971; amd. Sec. 4, Ch. 352, L. 1974.] School Sites, Construction and Leasing (ch. 82). SEC. 75-8206. Review and approval of school building plans and specifications.-No school building in the state, either publicly or privately owned or operated, shall be built, enlarged, remodeled, or repaired until the plans and specifications for such construction have been submitted to the state board of health and the state fire marshal, and such public agencies have endorsed their approval on such plans and specifications. The plans and specifications shall show in detail the proposed construction of the building and shall illustrate and indicate conformity with the regulations of the board of health and of the state fire marshal. The plans and specifications shall be prepared in accordance with the regulations of the board of health of the state of Montana, the regulations of the Montana state fire marshal, and the building code promulgated by the state building code council. As a service to districts, the superintendent of public instruction shall review the plans and specifications submitted to the board of health to assist the districts in designing facilities for optimum utilization. [History: En. 75-8206 by Sec. 478, Ch. 5, L. 1971.] SEC. 75-8207. Regulations of board of health.-The state board of health shall adopt regulations prescribing the requirements for schools sites, school buildings, ventilation, heating, lighting, water supply, sewage and waste disposal, and any other matters pertinent to the health and physical well-being of the pupils, teachers, and others who frequent schools. Such regulations of the state board of health shall require: (1) at least fifteen (15) square feet of floor space and two hundred (200) cubic feet of air space for each pupil to be accommodated in each classroom; (2) a system of ventilation which shall be adequate to produce satisfactory conditions of air in all rooms of the building at all times and under all conditions; (3) a ventilation system of fire resistant material and construction; and (4) a system of lighting all parts of the building that will produce an adequate quality and quantity of illumination at all times. The state board of health shall furnish to the districts copies of such regulations. [History: En. 75-8207 by Sec. 479, Ch. 5, L. 1971.] SEC. 75-8208. School building plans and specifications approval before payment.-The trustees of a district shall not make any payment under any contract for the construction of school facilities until the plans and specifications for such construction have been approved under the provisions of section 75-8206. Any contractor, architect, trustee, or any other person, firm, or corporation who shall violate the provisions of section 75-8206, this section or any regulation promulgated by the state board of health or the state fire marshal shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). [History: En. 75-8208 by Sec. 480, Ch. 5, L. 1971.] Compiler's Note: See also HEALTH AND SAFETY, Ch. 69, sections 69-4117, 69-4118 and 69-4515; Ch. 83, sections 75-8308 and 75-8310. Compulsory Education Compulsory Attendance and Tuition Agreements (ch. 63). SEC. 75-6302. Admittance of child to school.-The trustees shall assign and admit any child to a school in the district, when the child is: (1) six (6) years of age or older but has not yet reached his twenty-first birthday; (2) a resident of the district; and (3) otherwise qualified under the provisions of this Title to be admitted to such school. In complying with subsection (1) above, the trustees shall have the authority to establish reasonable age requirements for entry into the first grade so long as an otherwise qualified child is permitted to enter the first grade sometime during his seventh year or earlier. *** [History: En. 75-6302 by Sec. 115, Ch. 5, L. 1971.] SEC. 75-6303. Compulsory enrollment and excuses.-Any parent, guardian or other person who is responsible for the care of any child who is seven (7) years of age or older prior to the first day of school in any school fiscal year and has not yet reached his sixteenth birthday, or of a child who has not completed the work of the eighth (8th) grade, shall cause the child to be instructed in the English language and in the subjects prescribed by section 75-7503 or section 75-7504, whichever is applicable. Such parent, guardian or other person shall enroll the child in the school assigned by the trustees of the district within the first week of the school term or when he establishes residence in the district unless: (1) the child is enrolled in a private institution which provides instruction in the subjects prescribed by section 75-7503 or section 75-7504, whichever is applicable, and in which the basic language taught is English; *** [History: En. 75-6303 by Sec. 116, Ch. 5, L. 1971; amd. Sec. 1, Ch. 389, L. 1971.] SEC. 75-6304. Compulsory attendance and excuses.- Any parent, guardian or other person who is responsible for the care of any child who is seven (7) years of age or older prior to the first day of school in any school fiscal year but has not yet reached his sixteenth birthday, or of a child who has not completed the work of the eighth grade, shall cause the child to attend the school in which he is enrolled for the school term and each school day therein prescribed by the trustees of the district unless: (1) the child has been excused under one of the conditions specified in section 75-6303; (2) the child is absent because of illness, bereavement or other reason prescribed by the policies of the trustees; or (3) the child has been suspended or expelled under the provisions of section 75-6311. [History: En. 75-6304 by Sec. 117, Ch. 5, L. 1971.] ANNOTATION.-Extent of legislative power with respect to attendance and curriculum in schools. 39 ALR 477 and 53 ALR 832. Releasing public school pupils from attendance for purposes of attending religious education classes. 2 ALR 2d 1371. Religious beliefs of parents as defense to prosecution for failure to comply with compulsory education law. 3 ALR 2d 1401. What constitutes "private school" within statute making attendance at such a school compliance with compulsory school attendance law. 14 ALR 2d 1369. Applicability of compulsory attendance law covering children of a specified age, with respect to a child who has passed the anniversary date of such age. 73 ALR 2d 874. Special Education Special Education for Exceptional Children (ch. 78). SEC. 75-7801. Definitions.-As used in this title, unless the context clearly indicates otherwise: "Special education" means the kind of instruction requiring special facilities or programs for mentally retarded or physically handicapped children or for educationally handicapped persons. A "mentally retarded child" means any child who is not capable of profiting from the regular instruction of a school because his mental ability is substantially below the mental ability of an average child of the same age. Mentally retarded children are classified as follows: (a) An "educable mentally retarded child" means a child who, at maturity, cannot be expected to attain a level of intellectual functioning greater than |