The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1889-10-08
AN IMPORTANT OPINION,
Children Outside of the School
District Cannot ATTEND Our
Public Schools.

The Sedalia school board have had
some ironble about pupils outside of
The school districts attending the city
schools. To settle this matter, a let.
ter Was addressed to q. w. Barnett,
attorney for the board, asking his
opinion. The correspondence below
given explains itself and the law cited
is conclusive and the board r power
less in the matter.
sEDALIA. Mo-, Sept. q, 1889.
G. w. BARNETT, Esq,
Attorney Soho / District, sedalia, No.
DEAR SIR-Will you please give us
yonr opinion upon the following questions
Flrst-Who are pupils. mot residents
within the district, who are entitled to
tuition in the schools of this district?
Does the statutes governing our common
schools include as residents of the district.
children wBose homes and families do NOS
reside within the bound 'ries of the school
district, but who make their home tepp6-
rarily within the district so as TO receive
ms ruction in our schools.
Second-Does the fact that a citizen
not residing within the district, owns prop-
erty within the district, upon whseb be
pays taxes, entitle HIM to send his chit
dreu to the district SCHOOL,
Third-Are the class of citizsrs includ.
ed within the last Question, entitled 70
deduct from the tuition fses required for
the admission Of their children into the
public schools, the amount Of schoo! tsxes
paid by them upon property laying with
in the school district.
Fourth-De6ne clearly who ara entitled
under the statute to attend public schools
within district.
We desire this opinion in writing for tee
benefit OF the patrons of the school and
others seeking admission therein.
Yours truly,
JNo. MONTGOMERY, JE.,
Chairman of Teachers Gem.
SEDALIA, Mo-. Sept, %. 1885
John VI ntgomery, jr., Charm an Teaene. s. Corr
DEAR SIR-ln answer TO your conn-
munication of the 9th inst, / herewith.
give my opinion, on the questions asked
by you, as follows
First-The statute governing our COM
mon schools es not include, as residents
OF the district, children whose homes ana
families are not within the boundaries Of
the school district, but who make their
home temporarily within the district &C "a
70 receive inst uciion In our schools and
such children are not entitled to the bepe-
fits of our schools.
See laws 1889. q. 223, sec. 7O45
Pauiina Biude vs.. Conrad Khnye q al
80 NJ. A., 2S5.
Lacy vs.. Williams, % No, $50.
In Rinde va KEpoo sun.o a. I'M
Paula Binde was living with her grand
mother in Herman, Mo-, and badsbeen for
two years previous to the time she was ex-
cluded from the public schools
of Herman, her father res;S;ns
in Montgomery, county. Missonr;
and she was residing with her grand mother
not merely for The purpose of attending
school, bat on account Of the feeble health
and dependant condition of her grand
mother.
The court held under these facts thak
the child In question was not entitled 10,
attend the pnblic schools of Herman.
These Is however an exception to the above
rule IN case OF orphans and apprentices,
sec. 7O45 o! school laws 1859 provides
That orphan children or children bound
as apprentices shall have the privilege OF
attending school In any district in the
state of Missouri in which they find a tenn
porary or permanent home, without pay
ing tuition fee."
Second; 1.-The facts that q nonresident of
The district owns property within the dis
tricr upon which he pays taxes, does
not entitle him 10 send his
children TO the schools of the
district, but the board of directors have
power to admit nonresident pupils and
prescribe the tuition fee to be paid.
The nonresident who owns property In
this district has no greater legal right to
have his children admitted to the schools
Of this district than any other NONRESIDENT.
Laws 1889, p. 223, sec. 7045.
Thnd-The class of citizens included
within your second question are not en-
titled to deduct from the tuition fee re-
luired for the admission of their children
in the public schools the amount of school
taxes paid BY them upon their property ia
such school district
Laws 1889, p. 223, sec. 7O45.
That part of sec. 7045, revised statutes of
1879 which entitled such non-residents to
have the amount of their tsxes paid in the
district deducted from their tuition
has been repealed by the laws of 1889.
Fourth-The persons entitled to attend
our publ schools are all children oversthe
age of 6 and under the age of 20 years,
residing within the district, and ordinarily
the residence of the parents is the residence
Of the child. See Lacy VS.. Williams
Supra.
All orphan children or children bound
IS apprentices who have found q perma-
nent or temporary home in the district and
such others as have been admitted to the
privileges of the public school of the dis
.rict by the board Of directors under such
rules and upon payment of such tuition a.
may be prescribed by the board.
Resnecffnllv anhnnittai