Section IX Section 5

Constitution

Effective - 27 Feb 1945, see footnote   

  IX Section 5.  Public school fund — sources — payment into state treasury — investment — limitation on use of income. — The proceeds of all certificates of indebtedness due the state school fund, and all moneys, bonds, lands, and other property belonging to or donated to any state fund for public school purposes, and the net proceeds of all sales of lands and other property and effects that may accrue to the state by escheat, shall be paid into the state treasury, and securely invested under the supervision of the state board of education, and sacredly preserved as a public school fund the annual income of which shall be faithfully appropriated for establishing and maintaining free public schools, and for no other uses or purposes whatsoever.

­­--------

Source: Const. of 1875, Art. XI, § 6.

(1953) Use of state and school district funds for transportation of parochial school students by public school bus which also transported public school children held unlawful. McVey v. Hawkins, 364 Mo. 44, 258 S.W.2d 927.

(1993) Under federal Individuals with Disabilities Education Act, school district was required to provide transportation for pupil from sidewalk in front of parochial school to special education class at the public school and the provision of such transportation does not violate establishment clause of First Amendment or Missouri Constitution. Felter v. Cape Girardeau School Dist., 810 F.Supp. 1062 (E.D. Mo.).