State Ex Rel. Miller v. Board of Education

The majority have quietly and effectively removed any vestige of authority from local school boards. The constitutional provision (Art. 6, Sec. 5) which states that local public schools “shall be maintained, developed and operated by locally elected boards” is now emasculated. This emasculation is accomplished by the court by the simple declaration contained in Syllabus f6 making Art. 6, Sec. 2 (a) self-executing and by the further holding that “general supervision” of public schools by the state board includes the right to require local school boards to adopt rules to govern the conduct of…