The History of our Public Schools
Wyandotte County, Kansas

Federal State Relations

Among organizations that have consistently opposed federal support of education are chambers of commerce - that is until the Kansas Legislation in 1963 authorized the establishment of area-vocational schools financed in part with federal funds provided by Congress under Public Law 88-210, the Vocational Education Act of 1963.  In the face of their historic opposition to accepting federal money for schools there developed among these organizations a spirited competition to locate in their communities the twenty area-vocational schools originally planned for the state.  The scramble among chambers of commerce to bring federal money to their own cities was amusing to educators who long had sought support from Washington for their educational programs.  In fact many of these groups almost literally climbed walls to obtain benefits that would accrue with the establishment of federally subsidized area-vocational schools in their midst.

Then, with Congressional enactment of Public Law 89-10, the Elementary Secondary Act of 1965, the traditional Kansas opposition to federal support of education faded away although a small group of law makers, early in 1966, unsuccessfully sought legislation that would have deprived Kansas schools of such aid.  Kansas had been receiving federal funds provided under Titles III, V, and X, of the National Defense Education Act since Congress first made appropriations under that authorization.  In the beginning an insufficient number of projects were received from schools to use all of the money allocated to Kansas under Title III.  Another bit of evidence that attitudes have changed was revealed when 1965-66 applications for the funds exceeded the Kansas allocation by more than 25%.

All guidance and counseling activities of the Department of Public Instruction, with the exc3eption of the salary of the director of the section administering these programs, are wholly supported by federal funds provided under Title V of the National Defense Education Act and, with funds provided under Title X of that act, much has been done to upgrade statistical services of the Department.  This includes the development of an accounting system for schools and partial financing of studies that led to enactment of the 1965 school foundation finance act.  A civil defense adult education program also is wholly supported with money from federal sources as are activities under Titles I and II of the Elementary-Secondary Education Act of 1965.  School lunch programs have been federally subsidized since 1946.  It is also the policy of the Department to make full use of Title V funds under Public Law 89-10 to upgrade its services.  Most Department expansion since 1945 has been federally financed and at the present time approximately one-half of the Department's salary is derived from federal sources.

The philosophy of the Kansas State Department of Public Instruction for many years has been to use whatever funds become available for the support of education. However, funds from any and all sources must have state legislative approval before they can be expended.  Some federal funds, otherwise available for educational purposes, each year remain unused for want of such legislative action.  A more serious handicap is the Congressional policy of appropriating previously authorized funds late in the fiscal year in which they are to be used.  These delays make advance planning all but impossible at both state and local levels and place undue burdens on state departments of education and the schools they serve.  Another major concern of state education agencies is the burgeoning number of administrative details prescribed by the federal agencies through which state departments of education must work.  The Kansas Department of Public Instruction recognizes the need for an accounting to Congress but much of the red tape injected by federal agencies defies justification.  Two situations illustrate this point:

1.  All federal funds administered by the state must be expended under procedures established by state law, one provision of which is that employees who use their own automobiles in state authorized travel may be reimbursed, except when they travel in excess of 18,000 miles annually.  Such persons are required to use state-owned vehicles.  Some members of the civil defense adult education section of the Department, which is a 100% federally financed activity, travel in excess of 18,000 miles annually but a federal regulation prohibits the use of civil defense education funds for the purchase of automobiles.  In order to resolve this impasse between Kansas law and federal regulations it is necessary to purchase automobiles from state funds and then make a charge against the federal money in this activity in order to reimburse the state at the allowed mileage rate for each mile traveled.  These fiscal gymnastics multiply accounting problems in the Department of Public Instruction besides doubling travel costs from federal funds which could be reduced about 50% by allowing the state to pay for the automobiles used in this activity from federal funds.

2.  A second horrible example involves the administration of federal funds used for upgrading the Department of Public Instruction under Title V of Public Law 89-10.  Federal regulations require that separate projects for each improvement contemplated be submitted to the US Office of Education rather than develop one over-all plan to reach the desired goals, as is provided for the administration of many other federally supported programs.  Writing up six or eight separate projects for the improvement of one department of education, together with separate accounting and evaluation for each involves endless, and in the opinion of many state officials, unnecessary clerical, statistical, and managerial work.

Another basic issue in federal-state relationships is the requirement that the state, in addition to maintaining an accounting system of its own as prescribed by state law, must account for the expenditure of federal funds under another system federally prescribed.  This means that state agencies must maintain two accounting systems which are often not compatible.  Kansas Department of Education officials note that most personnel with whom they cooperate in the US Office of Education understand these troublesome issues and are sympathetic with the viewpoints of state education agencies.  However, there appears to be a lack of understanding, or perhaps acceptance, of the fact that education is a state function at policy making levels in the Office of Education and among others who help develop federal legislation affecting education.

Problems surrounding the use of federal funds for education are attainable to a number of factors.  There has been a succession of US Commissioners of Education who have little or no first hand experience in public school administration. There also is growing evidence that staff members with such experience are relegated to secondary positions in the Office of Education with policy making left in the hands of persons, competent in their own fields of business, industry, higher education, and in other professions, but inexperienced in public school administration.

The Kansas Department of Public Instruction is in full accord with the principle of federal support for education but believes that the categorical aid approach has gotten out of hand at many points.  As the federal government increases its support of education all of its agencies should recognize the role of the states in this field and trust state education agencies to be as effective and competent to handle funds from federal sources as in the administration of state funds.

State department of education officials look with a critical eye upon activities authorized under Title II of Public Law 89-10 because these programs which involve local school districts are administered directly by the US Office of Education in violation of the philosophy that education is a state function.  Department officials also have reservations about the regional educational laboratories established under Title IV of the Elementary-Secondary Act of 1965, believing the stated objectives of these laboratories could be more effectively attained by state departments of education if comparable funds were made available to them and, at the same time, be consistent with the principal of state control of education.

APPENDIX

Kinds of Schools Districts in 1963 and Number of Each

Kind of District - Number Organized
Cities of the First Class - 13
Cities of the Second Class - 84
Unified - 5
Common School, Elementary and High - 146
Common School, Elementary Only - 753
Common School, Grades 1-9 - 2
Common School, One Teacher - 330
County Board of Education - 1
Fort Leavenworth Board - 1
Johnson County Special - 11
Sedgwick County Special - 8
Rural High School, Regular - 267
Rural High School, Russell Plan - 12
Rural High School, Grades 7-12 - 3
Sedgwick County Special High School - 1
Community High School - 20
Closed Common School District - 169
Closed Rural High School Districts - 14

Kinds of Schools in 1967 and Number of Each

Kind of District - Number Organized
Unified under Special Legislation - 2
Greeley County Unit - 1
Unified under Acts of 1963 nd 1965 - 303
Non-Unified Districts: Rural High School - 7
Consolidated Unified District - 1
Consolidated COmmon School - 24
Consolidated Second Class Cities - 1
Total Districts in Kansas - 339

State Textbook Agencies

Year - Name of Agency - Function
1897 - School Textbook Commission - Adopt textbooks, contract with publishers, set prices on textbooks
1913 - School Book Commission - Same as in 1897 and administer state printing of textbooks
1937 - State Board of Education (Professional) - Same as in 1913
1945 - State Board of Education (Lay) - Same as in 1913
1957 - Textbook Review Committee - Publish lists of suitable textbooks (Adoptions by local school districts)

1897-1945 agencies - State Superintendent ex-officio chairman
1957 agency - Appointed by State Superintendent with State Board of Education approval

Expansion of Special Education Programs - 1965-66 to 1966-67

Program/Specialist - 1965/66 - 1966/67
Directors of Special Education - 9 - 11
School Psychologists - 54 - 73
Social Workers - 3 - 6
Speech - 126 - 127
Hearing - 5 - 10
Visually Impaired - 8 - 9
Physically Handicapped - 6 - 7
Orthopedically Handicapped - 11 - 12
Homebound and Hospital (Full Time) - 13 - 10
Educable Mentally Retarded - 241 - 260
Trainable Mentally Retarded - 21 - 28
Gifted - 20 - 21
Socially and Emotionally Maladjusted - 22 - 30
Neurologically Impaired - 1 - 2
Learning Disabilities - 0 - 9
Total: 540 - 615

Teacher Certification Progress and Dates of Legislative Action

Year - Action Taken

1858 - County Superintendents authorized to certify teachers

1863 - State Normal Schools authorized to certify teachers who meet requirements set by the institution

1873 - State Board of Education created and authorized to certify teachers upon examination

1876 - Boards of Education of cities of the first and second class authorized to certify teachers

1893 - State Board of Education authorized to substitute credit from approved colleges for examination in those subjects as qualification for certification of teachers

1899 - Graduates of the University of Kansas and other accredited institutions taking required courses could qualify to be certified by the State Board of Education

1909 - State Board of Education authorized to issue certificates to high school graduates completing high school normal training courses and passing a state examination

1915 - Legislature set Bachelor degree requirement for high school teachers

1937 - The State Board of Education and the three State Teachers Colleges given exclusive authority to certify teachers

1947 - The State Superintendent of Public Instruction given exclusive authority to certify teachers under rules and regulations approved by the State Board of Education and to graduates of Teachers Colleges with institutional recommendation

Compulsory Attendance Laws

Laws - Ages Applicable - Alternate Requirements
1874, chap. 123 - 8-14 - None
1903, chap. 123 - 8-15 - Complete 8th Grade
1919, chap. 272 - 8-16 - Complete 8th Grade
1923, chap. 182 - 7-16 - Complete 8th Grade
1965, chap. 409 - 7-16 - None

Qualifications for Membership on State Board of Education

In appointing members to serve on the State Board of Education, the Governor:

Is prohibited from appointing anyone who is engaged in school work as teacher, principal, or superintendent.

Must appoint members of the two major political parties with not more than four at the same time from the same party.

May not appoint more than three members who are residents of territory governed by boards of education of school districts in cities of the first or second class.

Must appoint at least one member from each Congressional District.

May not appoint any of the seven members to serve more than two consecutive terms of three years each.   Laws of Kansas, 1945, Chapter 282, Section 19.

Qualifications for State Superintendent of Public Instruction

At the time of filing candidates for the office of State Superintendent of Public Instruction must:

Hold the highest type of teacher certificate prescribed by law.

Be a resident of Kansas for at least five years immediately preceding.

Be a graduate of an accredited college or university with at least thirty hours of post-graduate credit.

Have at least ten years teaching or administrative experience, of which at least five years shall have been in the public school systems of Kansas and active in such work within two years prior to the date of filing for such office.    Laws of Kansas, 1945, Chapter 282, Section 5.

Territorial Superintendents

Noteware, James H. - March 1858, to 4 October 1858
Greer, Samuel Wiley - October 1858 to January 1961
Douglass, John C. - January 1861 to February 1861

State Superintendents of Public Instruction

Griffith, William Riley, Marmaton.  February 1861 to 12 February 1862
Thorp, Simeon Montgomery, Lawrence.  Appointed vice Griffith; served 24 March 1862 to January 1863
Goodnow, Issac T., Manhattan. January 1963 to January 1867
MacVicar, Peter, Topeka. January 1867 to January 1871
McCarty, Hugh DeFrance, Leavenworth. January 1871 to January 1875
Fraser, John, Lawrence. January 1875 to January 1877
Lemmon, Allen Bosley, Winfield. January 1877 to January 1881
Speer, Henry Clay, Junction City. January 1881 to January 1885
Lawhead, Joseph Hadden, Fort Scott. January 1885 to January 1885
Winans, George Wesley, Junction City. January 1889 to January 1893
Gaines, Henry Newton, Salina. January 1893 to January 1895
Stanley, Edmund, Lawrence.  January 1895 to January 1897
Stryker, William, Great Bend. January 1897 to January 1899
Nelson, Frank, Lindsborg. January 1899 to January 1903
Dayhoff, Insley L., Hutchinson. January 1903 to January 1907
Fairchild, Edward E., Ellsworth. January 1907 to November 1912 (resigned)
Ross, Wilbert Davidson, Oskaloosa. Appointed 19 November 1912; elected 1912, 1914 and 1916, to December 1918
Wooster, Miss L. E., Salina. January 1919 to January 1923
Miley, Jess W., Girard. January 1923 to January 1927
Allen, Geo A., Jr., Frankfort.  January 1927 to 12 December 1932 (deceased)
Markham, W. T., Yates Center. 12 December 1932, appointed vice Allen, elected 1934, 1936 to December 1938
McClenny, Geo L., Topeka, January 1939 to January 1945
Brooks, L. W., Wichita. January 1945 to January 1949
Throckmorton, Adel F., Wichita.  January 1949 to 31 August 1966
Kampschroeder, W. C., Topeka. Appointed 1 September 1966; elected November 1966 to serve until January 1969

Kansas State Department of Education Current Website

Return to Index for Kansas Educational Progress, 1858-1967, by A. F. Throckmorton