The commercial. (Union City, Tenn.) 190?-193?, 1913-10-17
Public School Law.

To the Board OF Directors Of the I'M
ion City schools: At your request, l
give you my opinion on the question Of
your right to exclude all children from
the public schools of Union City who
do not reside within the corporate linn
its Of Union City, except upon payment
OF such tuition as you may prescribe.
The charter Of Union City. chapter
142 OF the Acts of 1908, section 80,
provides as follows:
Be il further enacted, That the Board
Of Mayor and Aldermen OF said town
may enact all bylaws and ordinances
they may deem necessary for the proper
government and control OF the same;
and they may make such rules and pro-
vide such terms in admitting persons
outside of said school district 10 attend
said school as they may deem advisable
and to the proper interest OF said school. "
Section SO OF the charter provides
that the town Of Union City within
and extensive with the corporate limits
thereof, is hereby created separate
school district" and provides that the
schools ia such district shall be man
aged by the Board Of Directors Of six
persons, elected by and under the con-
troll OF the Board OF Mayor and Alder
men OF Union City and subject to such
rules and regulations as the Board Of
Mayor and Aldermen may provide.
Under the power granted them by the
charter as above indicated, the Board
OF Mayor and Aldermen have prescribed
rules and regulations for the control and
management OF the city schools, and in
sections Q and 10 OF chapter 32 of the
code Of Union City they provide as fol-
lows
''Sec. 9. All children between the
ages OF six and twenty-one years, living
within the corporate limits OF Union
City, shall be allowed to attend said
respective schools :; Provided,
That the parents or guardians of such
children entitled to seats in said schools
free of charge shall be actual residents
OF the town Of Union City.
Sec. 10. That the children Of pa
rents living outside OF the corporate
limits may be permitted to attend said
schools at the option Of the Board OF
Education by paying such tuition as
be fixed by said Board, the same 70 be
paid quarterly in advance. /"
Under these provisions of the charter
OF Union City and ordinance OF the
Board Of Mayor and Aldermen you are
gi,en the power and authority to pro-
vide tie terms upon which children OF
parenvs residing outside the corporation
limits may attend the city schools; and
except upon the payment OF the tuition
fixed by you, quarterly and in advance,
no such children have any right to at
tend the schools of the city under your
control and management.
have made a brief examination OF
the statutes relating to the control and
management OF the public schools OF
tie State, and / have been unable to-
find any general statute inconsistent
with the powers and authority granted
you in the Union City charter. My at
tention has been called to section 8 Of
chapter 240 OF the Acts Of 1908, in
which it is provided;
{" that any pupils entitled to
attend the public schools who reside
nearer or more convenient to public
school in an adjoining district or county
than the nearest or most convenient
public school in their own district may
attend such nearer or more convenient
school in such adjoining district or eoun-
ty;" and providing for transfer Of
school funds 10 such case.
And / am told that it is this statute
under which some OF your patrons re-
siding outside the city limits claim they
are emitted to have their children
transferred" from their own district
to the city schools. This contention
may be met, however, by calling atten-
ton to section one OF the same Act,
which provides; But this Act is not
intended to apply to incorporated towns
having a school system Of their own"
So that it was clearly not the intention
of the Legislature in said Act, chapter
$40 of the Acts of 1908, to take away
from your Board, or from the Board OF
Mayor and Aldermen, the right to the
exclusive control and regulation OF the
public schools Of the city under the
charter. And under this charter, as
above indicated, you have the power
and authority to exclude from the city |
schools all non-residents Of Union City, |
oxcant nron their comnliance with the