Repealed

72-1724. History: G.S. 1868, ch. 18, § 75; L. 1879, ch. 81, § 1; L. 1905, ch. 414, § 1; R.S. 1923, 72-1724; Repealed, L. 1957, ch. 389, § 1; June 29. Source or Prior Law: L. 1862, ch. 46, art. 4, §§ 3, 18; L. 1864, ch. 67, § 4; L. 1865, ch. 46, § 1. CASE ANNOTATIONS 1. Cited; second-class city may not maintain separate school for colored children. Board of Education v. Timmon, 26 Kan. 1, 19. 2. Discretionary power vested in board of education. Board of Education v. Welch, 51 Kan. 792, 806, 33 P. 654. 3. Act of 1879 providing for separate schools held valid. Reynolds v. Board of Education, 66 Kan. 672, 72 P. 274. 4. Section held not violative of any provisions of the constitution. Richardson v. Board of Education, 72 Kan. 629, 631, 84 P. 538. 5. Not applicable to schools of Wichita; governed by special act. Rowles v. Board of Education; 76 Kan. 361, 362, 91 P. 88. 6. Denial of equal facilities held abuse of discretion. Williams v. Parsons, 79 Kan. 202, 205, 99 P. 216. 7. Parochial school graduates may be required to pass examination. Creyhon v. Board of Education, 99 Kan. 824, 826, 163 P. 145. 8. School officers without authority to separate white and colored children in high schools. Thurman-Watts v. Board of Education, 115 Kan. 328, 330, 222 P. 123. 9. Board not enjoined from transferring colored pupil to colored school. Wright v. Board of Education, 129 Kan. 852, 284 P. 363. 10. City may levy tax for transportation of pupils. Foster v. Board of Education, 131 Kan. 160, 164, 289 P. 959. 11. Seventh and eighth grades not part of high school. Graham v. Board of Education, 153 Kan. 840, 841, 842, 847, 848, 114 P.2d 313. 12. Common-school districts cannot segregate colored pupils from white pupils. Webb v. School District, 167 Kan. 395, 401, 206 P.2d 1066. 13. Common-school district may maintain two schoolhouses and designate attendance areas. Webb v. School District, 167 Kan. 395, 401, 206 P.2d 1066. 14. Discussed; maintenance of separate grade schools held unconstitutional. Cameron v. Board of Education, 182 Kan. 39, 41, 318 P.2d 988. 15. Section constitutional; discrimination; due process of law. Brown v. Board of Education of Topeka, 98 F. Supp. 797, 798. But see 347 U.S. 483, 74 S. Ct. 686, 98 L.Ed 873. 16. School segregation held denial of equal protection of laws. Brown v. Board of Education of Topeka, 347 U.S. 483, 74 S. Ct. 686, 98 L.Ed. 873. Amplified: 349 U.S. 294, 75 S. Ct. 753, 99 L.Ed. 1083. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026