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STATE, EX REL., v. BOARD OF EDUCATION

No. 46,799

212 Kan. 482 (1973)

511 P.2d 705

THE STATE OF KANSAS, ex rel., VERN MILLER, Attorney General of Kansas; THE STATE BOARD OF EDUCATION OF KANSAS, et al., Appellant, v. BOARD OF EDUCATION OF UNIFIED SCHOOL DISTRICT No. 398, MARION COUNTY (PEABODY) KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed June 26, 1973.

Attorney(s) appearing for the Case

Erle W. Francis, assistant attorney general, argued the cause, and Vern Miller, attorney general, and John Johnson, assistant attorney general, were with him on the brief for the appellant.

Fred W. Rausch, Jr., of Topeka, argued the cause, and was on the brief for the appellee.

Ward D. Martin, of the firm of Crane, Martin, Claussen & Hamilton, of Topeka, was on the brief amicus curiae.

The opinion of the court was delivered by

FONTRON, J.:

The issue to be decided in this appeal is whether a regulation adopted by the State Board of Education relating to school conduct is or is not valid. The trial court held the regulation to be void, and its ruling has been appealed.

On a date not shown by the record, the board promulgated K.A.R. 91-15-1, to become effective January 1, 1971. The rule reads as follows:

"The boards of education...

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