Osborn v. Russell

Citations

• 64 Kan. 507
• 68 P. 60
• 1902 Kan. LEXIS 234

Syllabus

<p>SYLLABUS BY THE COUKT.</p> <p>1. Schools and School Districts — Board of Health. The authority granted to the state board of health by section 8 of chapter 129, Laws of 1885 (Gen. Stat. 1901, §6663), does not vest in such board power to make a regulation that “no person, until after being successfully vaccinated, shall be admitted into public! or private schools.” j</p> <p>2. -Power of Board of Education to Require Vaccination. In the absence of a lawful regulation prescribed or authorized by the legislature, a board of education of a city of the second class has no authority, at a time when the disease of smallpox does not exist in or near such city, to deny a child of school age, resident therein, admission into the public schools because such child has not been vaccinated.</p>