Kansas Statutes

Chapter 71: Schools--Community Colleges

Article 13: Consolidation Of Community Colleges

Statutes:

• 71-1301: Authorization to agree to consolidate.
• 71-1302: Agreement to consolidate; content.
• 71-1303: Same; state board approval of agreements.
• 71-1304: Election for approval of consolidation.
• 71-1305: Same; certification of election results; state board's order of establishment.
• 71-1306: Election of board of trustees after consolidation approved.
• 71-1307: Bond debt assumption or retention upon consolidation.
• 71-1308: Transfer of property and funds upon consolidation.
• 71-1309: Definitions.

• 71-1301: Authorization to agree to consolidate. In accordance with the provisions of article 13 of chapter 71 of Kansas Statutes Annotated the boards of trustees of any two (2) or more community college districts are hereby authorized to enter into agreements to form one consolidated community college district.

        History:   L. 1968, ch. 77, § 1; L. 1980, ch. 207, § 62; July 1.

• 71-1302: Agreement to consolidate; content. Any agreement entered into under authority of article 13 of chapter 71 of Kansas Statutes Annotated shall specify the following:

        (a)   The name of the community college district.

        (b)   The date of election for approval of consolidation.

        (c)   Composition of the board of trustees.

        (d)   The method of election and voting plan.

        (e)   A description of member districts, if needed.

        (f)   The membership of a temporary board of trustees to serve until a board of trustees is elected as provided in K.S.A. 71-1306, and amendments thereto.

        History:   L. 1968, ch. 77, § 2; L. 1980, ch. 207, § 63; L. 1990, ch. 252, § 15; May 17.

• 71-1303: Same; state board approval of agreements. Agreements to consolidate under authority of article 13 of chapter 71 of Kansas Statutes Annotated shall provide that such agreement shall be of no force or effect unless first approved by the state board and is thereafter approved at a special election called for the purpose in the territory which will comprise the consolidated community college district.

        History:   L. 1968, ch. 77, § 3; L. 1980, ch. 207, § 64; July 1.

• 71-1304: Election for approval of consolidation. The territory of the consolidated community college district shall be all of the territory of the community college districts being consolidated. All of the electors residing in the community college districts being consolidated shall be entitled to vote at such election. The proposition submitted shall be stated on the ballot and in the notice of election in substantially the following words: "Shall ______ community college and ______ community college form a consolidated community college district?" and the blanks shall be filled with the names of each of the community colleges being consolidated. The question shall be followed by the words: "To vote in favor of the consolidation make a cross * mark in the square after the word 'yes'. To vote against the consolidation make a cross * mark in the square after the word 'no'." The proposition shall be deemed approved if a majority of those voting thereon in each community college district being consolidated shall vote "yes." The county election officer of the county of the community college having the greatest population shall conduct the election. Laws applicable to question submitted elections in community college districts shall be applicable in the conduct of the elections provided for under this section to the extent that the same are not in conflict herewith.

        History:   L. 1968, ch. 77, § 4; L. 1980, ch. 207, § 65; July 1.

• 71-1305: Same; certification of election results; state board's order of establishment. Before any consolidated community college district is finally approved under article 13 of chapter 71 of Kansas Statutes Annotated the results of the election shall be certified by the responsible county election officer in accordance with the determination of the county board of canvassers of such county to the state board, and if such election was favorable to consolidation of the school districts, it shall issue an order establishing the new community college district. Such order shall describe the boundaries thereof.

        History:   L. 1968, ch. 77, § 5; L. 1980, ch. 207, § 66; July 1.

• 71-1306: Election of board of trustees after consolidation approved. (a) If a proposition to consolidate is approved as provided in K.S.A. 71-1304, and amendments thereto, the election of trustees at the next following community college election shall be by the method of election and voting plan provided in the agreement for the consolidated community college district.

        (b)   Subject to the provisions of subsection (c), at an election next following the approval of a proposition to consolidate, six new trustees shall be elected. The three candidates receiving the highest number of votes at the general community college election shall serve as trustees for four-year terms commencing on the July 1 following such election and the three candidates receiving the next highest number of votes shall serve for two-year terms commencing on the July 1 following such election, except where a member-district method of election is in effect in which case persons elected to even-numbered trustee positions shall serve for two-year terms commencing on the July 1 following such election and persons elected to odd-numbered member positions shall serve for four-year terms commencing on the July 1 following such election. At community college elections in odd-numbered years thereafter, successor trustees shall be elected to serve for four-year terms.

        (c)   At an election next following the approval of a proposition to consolidate when a seven member board of trustees has been provided for in the agreement for the consolidated community college district, seven new trustees shall be elected. The four candidates receiving the highest number of votes at the general community college election shall serve as trustees for four-year terms commencing on the July 1 following such election and the three candidates receiving the next highest number of votes shall serve for two-year terms commencing on the July 1 following such election, except where a member-district method of election is in effect in which case persons elected to even-numbered trustee positions shall serve for two-year terms commencing on the July 1 following such election and persons elected to odd-numbered member positions and to the at-large position shall serve for four-year terms commencing on the July 1 following such election. At community college elections in odd-numbered years thereafter, successor trustees shall be elected to serve for four-year terms.

        (d)   Trustees shall hold office until a successor is elected or appointed and qualified.

        History:   L. 1968, ch. 77, § 6; L. 1980, ch. 207, § 67; L. 1990, ch. 252, § 14; May 17.

• 71-1307: Bond debt assumption or retention upon consolidation. Upon the consolidation of community college districts the consolidated community college district shall assume and agree to pay all of the bonded indebtedness of the former community college districts of which it is comprised, unless the agreement to consolidate provides otherwise as hereinafter provided. Any consolidation agreement entered into under authority of article 13 of chapter 71 of Kansas Statutes Annotated may provide that in lieu of the consolidated community college district assuming the bonded indebtedness, such indebtedness shall remain a charge upon the territory of the community college districts being disorganized. If such agreement provides for bonded indebtedness to remain a charge upon the territory of the community college districts being disorganized, the provisions of K.S.A. 10-119 shall apply with the date of the disorganization of such community college districts being the date to be used in making such application.

        History:   L. 1968, ch. 77, § 7; L. 1980, ch. 207, § 68; July 1.

• 71-1308: Transfer of property and funds upon consolidation. The assets of the community college districts being consolidated shall be transferred to the consolidated community college district on a day agreed upon in the consolidation agreement but not sooner than the first day of the first month after the election approving such consolidation. The property, records and all funds on hand and to be collected of each of the community college districts being consolidated shall be turned over and paid to the consolidated community college district and shall become the property thereof, and the consolidated community college district shall thereupon be entitled to possession thereof. The consolidated community college district shall thereupon become liable for and pay all lawful debts of the community college districts which were consolidated except as may be otherwise provided by the consolidation agreement for bonded indebtedness. It shall be the duty of all county officers and officers of the community college districts being consolidated to transfer the funds (including state financial aid funds and funds collected from federal aid, taxes, interests and penalties subsequent to such consolidation), records and property of the community college districts being consolidated in accordance with the provisions of this section and the consolidation agreement. Any county treasurer or community college district officer or former officer having in his possession any property, records or funds of any of the community college districts being consolidated who shall fail or refuse to turn over such property, records or funds to the consolidated community college district shall be ordered to do so by the state board. Upon the request of the state board the attorney general is authorized to file a mandamus, quo warranto or other appropriate action to accomplish the proper transfer of such property, records and funds.

        History:   L. 1968, ch. 77, § 8; L. 1980, ch. 207, § 69; July 1.

• 71-1309: Definitions. As used in article 13 of chapter 71 of Kansas Statutes Annotated: (a) "State board" means the state board of regents.

        (b)   "County election officer" means the election commissioner in counties which have an election commissioner, and the county clerk in counties which do not have an election commissioner.

        History:   L. 1968, ch. 77, § 9; L. 1980, ch. 207, § 70; L. 1999, ch. 147, § 97; July 1.