Creyhon v. Board of Education

Citations

• 99 Kan. 824
• 163 P. 145
• 1917 Kan. LEXIS 478

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. City High Schools — Admission of Graduates of Parochial School— Examinations. Where a writ of mandamus is asked to compel a board of education to allow graduates of a parochial school to enter the city high school without an examination, and the whole controversy is over the existence of their right in that regard, the time set for the examination, and detailed regulations regarding it, are not material.</p> <p>2. Same — Parochial School Graduates — May Be Required to Pass Examination. A board of education, under the power granted it to make rules for the government of city schools, may require the graduates of parochial schools to pass an examination for admission to the high school, while admitting graduates of public schools without such an examination.</p> <p>3. Same. Where such a rule exists, graduates of a parochial school can not obtain a right to be admitted to the high school without an examination by establishing to the satisfaction of a court that their school affords training equal to that of the public schools.</p> <p>4. Same — Admissions of Board of Education — Entitle Parochial Graduates to Admission to High School. Where, in an action brought to require a board of education to admit to the city high school without examination graduates of a parochial school, the board admits that such applicants have studied the same textbooks and been given the same tests and examinations in the same manner and to the same extent as the graduates of the public schools who are received without examination, such admissions justify an order allowing such applicants to enter the high school without further examination.</p> <p>5. Same — Construction of Statute. The controversy referred to is not affected by a statute authorizing the graduates of certain public schools, upon passing an examination therein provided for, to receive diplomas admitting them to any high school in the state.</p>