Wentzville Public School District V‪.‬

Defendant, Joseph Paulson, a non-resident school teacher employed by plaintiff, Wentzville Public School District (Wentzville District), applied to have his non-resident child enrolled in Wentzville's school. Section 167.151, RSMo.Supp. 1984 allows the school board, in its discretion, to admit non-resident school pupils and ""prescribe the tuition fee to be paid by them."" Wentzville District was willing to accept defendant's child as a student. However, Section 168.151, RSMo. 1978, prohibits the school board from receiving ""any money from any teacher employed by their district for the purpose of paying tuition."" Accordingly, Wentzville District refused to register the child and sought declaratory relief to determine: ""1. Whether Section 168.151 RSMo., is applicable if Wentzville School District admits Defendant Paulson's child to its school upon payment of a tuition fee; and, if so, 2. Whether Section 168.151 RSMo. is constitutional."" The trial court ruled ""that admission of Paulson's non-resident child without tuition will not constitute a violation of Section 167.151."" The trial court in finding that Wentzville District ""may, in its discretion, accept enrollment of the children of non-resident teachers without soliciting or collecting a tuition fee,"" did not decide whether section 168.151 is constitutional as applied to these facts. Plaintiff appeals and raises three points of error. It is our duty to determine sua sponte whether this court has jurisdiction of the appeal even though not questioned by the parties. Knopke v. Knopke, 681 S.W.2d 13, 14 (Mo. App. 1984).