History: L. 1961, ch. 361, §§ 1 to 33; Repealed, L. 1965, ch. 419, § 1; June 30.
History: L. 1963, ch. 393, § 1; L. 1984, ch. 261, § 8; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1963, ch. 393, § 2; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1963, ch. 393, § 3; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1963, ch. 393, §§ 4 to 9; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1963, ch. 393, § 10; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1963, ch. 393, § 11; Repealed, L. 1984, ch. 261, § 20; July 1.
History: L. 1963, ch. 393, § 12; Repealed, L. 1968, ch. 59, § 45; July 1.
History: L. 1963, ch. 393, § 13; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1963, ch. 393, § 16; L. 1965, ch. 420, § 13; Repealed, L. 1968, ch. 59, § 45; July 1.
History: L. 1963, ch. 393, § 17; L. 1965, ch. 420, § 14; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1963, ch. 393, § 18; Repealed, L. 1965, ch. 420, § 29; Feb. 23.
History: L. 1963, ch. 393, § 19; L. 1965, ch. 420, § 9; L. 1967, ch. 396, § 1; Repealed, L. 1968, ch. 59, § 45; July 1.
History: L. 1967, ch. 397, § 2; Repealed, L. 1968, ch. 59, § 45; July 1.
(1) "Receiving school district" means a school district of nonresidence of a pupil who attends school in such school district.
(2) "Sending school district" means a school district of residence of a pupil who attends school in a school district not of the pupil's residence.
(b) The board of education of any school district may make and enter into contracts with the board of education of any receiving school district located in this state for the purpose of providing for the attendance of pupils at school in the receiving school district.
(c) The board of education of any school district may make and enter into contracts with the governing authority of any accredited school district located in another state for the purpose of providing for the attendance of pupils from this state at school in such other state or for the attendance of pupils from such other state at school in this state.
(d) Pupils attending school in a receiving school district in accordance with a contract authorized by this section and made and entered into by such receiving school district with a sending school district located in this state shall be counted as regularly enrolled in and attending school in the sending school district for the purpose of computations under the school district finance and quality performance act.
(e) Any contract made and entered into under authority of this section is subject to the following conditions:
(1) The contract shall be for the benefit of pupils who reside at inconvenient or unreasonable distances from the schools maintained by the sending school district or for pupils who, for any other reason deemed sufficient by the board of education of the sending school district, should attend school in a receiving school district;
(2) the contract shall make provision for the payment of tuition by the sending school district to the receiving school district;
(3) if a sending school district is located in this state and the receiving school district is located in another state, the amount of tuition provided to be paid for the attendance of a pupil or pupils at school in the receiving school district shall not exceed 1/2 of the amount of the budget per pupil of the sending school district under the school district finance and quality performance act for the current school year; and
(4) the contract shall make provision for transportation of pupils to and from the school attended on every school day.
(f) Amounts received pursuant to contracts made and entered into under authority of this section by a school district located in this state for enrollment and attendance of pupils at school in regular educational programs shall be deposited in the general fund of the school district.
(g) The provisions of subsection (e)(3) do not apply to unified school district No. 104, Jewell county.
(h) The provisions of this section do not apply to contracts made and entered into under authority of the special education for exceptional children act.
(i) The provisions of this section are deemed to be alternative to the provisions of K.S.A. 72-8233, and amendments thereto, and no procedure or authorization under K.S.A. 72-8233, and amendments thereto, shall be limited by the provisions of this section.
History: L. 1963, ch. 393, § 24; L. 1984, ch. 261, § 9; L. 1988, ch. 281, § 1; L. 1992, ch. 280, § 44; L. 1993, ch. 264, § 4; April 29.
History: L. 1963, ch. 393, § 26; Repealed, L. 1970, ch. 279, § 1; July 1.
(b) The provisions of subsection (a) do not apply to expenditures by a board of education for the purchase of:
(1) Services;
(2) products required to be purchased under the provisions of K.S.A. 75-3317 through 75-3322, and amendments thereto;
(3) educational materials directly related to curriculum and secured by copyright;
(4) motor fuels required to provide or furnish transportation;
(5) food and foodstuffs necessary for the implementation or operation of any child nutrition program;
(6) articles or products that are produced, manufactured or provided by inmates under the prison-made goods act of Kansas;
(7) natural gas that will be consumed in buildings owned or operated by the school district;
(8) materials, goods or wares required for reconstructing, remodeling, repairing or equipping buildings when such purchase has been necessitated by the occurrence of a loss against which the board of education has purchased property or casualty insurance; and
(9) materials, goods or wares which are purchased:
(A) From vendors who have entered into contracts with the state director of purchases pursuant to state purchasing statutes for purchases by state agencies;
(B) under the same pricing provisions established in the state contracts, subject to agreement of the vendor to honor the state contract prices; and
(C) under the same pricing provisions established in federal, national or other state contracts facilitated by a federal or local governmental entity or agency, subject to:
(i) Agreement of the vendor to honor the contract prices; and
(ii) approval by the board of education for expenditures in an amount greater than $20,000.
(c) Whenever the board of education of any school district lets bids for the purchase of materials, goods or wares and bids are submitted by bidders domiciled within the school district and by bidders domiciled outside the school district and the low bid is submitted by a bidder domiciled outside the school district, the school district domiciliary which submitted the lowest bid may be deemed the preferred bidder and awarded the bid if:
(1) The quality, suitability and usability of the materials, goods or wares are equal;
(2) the amount of the bid of the school district domiciliary is not more than 1% greater than the amount of the low bid; and
(3) the school district domiciliary agrees to meet the low bid by filing a written agreement to that effect within 72 hours after receiving notification of being deemed the preferred bidder.
(d) The provisions of subsection (c) do not apply to expenditures for construction, reconstruction or remodeling.
History: L. 1963, ch. 393, § 27; L. 1969, ch. 334, § 2; L. 1974, ch. 308, § 1; L. 1979, ch. 231, § 1; L. 1982, ch. 297, § 1; L. 1986, ch. 273, § 1; L. 1989, ch. 217, § 1; L. 1990, ch. 256, § 1; L. 1991, ch. 226, § 10; L. 1999, ch. 86, § 1; L. 2002, ch. 183, § 2; L. 2003, ch. 53, § 2; July 1.
History: L. 1967, ch. 507, § 1; L. 1969, ch. 334, § 5; Repealed, L. 1971, ch. 233, § 1; July 1.
(b) The school board of any school district desiring to utilize on-line bidding or reverse auctioning must first conduct a public hearing to determine whether or not the administration of that school district will utilize such procedures for purchasing services, materials, goods or wares.
(c) Whenever the board of education of any school district is required to accept bids prior to the expenditure of money to purchase materials, goods or wares or whenever the board chooses to request the submission of bids prior to the expenditure of money to purchase materials, goods or wares, the board may conduct a reverse auctioning electronic procurement process for the purchase of such, materials, goods or wares.
(d) Whenever the board of education of any school district is required to accept bids prior to the expenditure of money to purchase services, materials, goods or wares or whenever the board chooses to request the submission of bids prior to the expenditure of money to purchase services, materials, goods or wares, the board may conduct an on-line bidding process for the purchase of such services, materials, goods or wares.
(e) If a school district utilizes a reverse auctioning electronic process or an on-line bidding process authorized by this section, the provisions of any law requiring procedures for sealed bidding and the opening of bids shall not apply to such purchases.
(f) Reverse auctioning shall not be used for the acquisition of any services for construction projects or for the acquisition of any other services.
(g) On or before January 15, 2003, and January 15, 2004, the board of education of a school district which utilizes a reverse auctioning electronic process or an on-line bidding process authorized by this section, shall submit a written report to the state board of education. The report shall include a comparison of the final pricing offered, the percentage in the increase or decrease or the number of bidders participating in the bidding, the number of bidders outside the state of Kansas, the number of bid protests and any other information deemed appropriate by the state board of education.
(h) As used in this section:
(1) "Reverse auctioning" means a procurement process of where bidders are invited to bid on specific materials, goods or wares through real-time electronic bidding, with the award being made to the lowest responsible and responsive bidder; during the bidding process, bidders' prices are revealed and bidders shall have the opportunity to modify their bid prices for the duration of the time period established for the bid opening; and
(2) "on-line bidding" means a procurement process in which a school district electronically receives bids for services, materials, goods or wares in a competitive bidding event.
(g) The provisions of this section shall expire on June 30, 2004.
History: L. 2002, ch. 183, § 3; July 1.
72-6760b.
History: L. 2002, ch. 183, § 3; Expired, June 30, 2004.
History: L. 2008, ch. 148, § 9; July 1.
(a) "Act" means the Kansas unified school district alternative project delivery building construction procurement act.
(b) "Board" means board of education of every unified school district in Kansas, as defined in K.S.A. 72-8201, and amendments thereto, with the authority to award public contracts for building design and construction.
(c) "Alternative project delivery" means an integrated comprehensive building design and construction process, including all procedures, actions, sequences of events, contractual relations, obligations, interrelations and various forms of agreement all aimed at the successful completion of the design and construction of buildings and other structures whereby a construction manager or general contractor is selected based on a qualifications and best value approach.
(d) "Ancillary technical services" include, but shall not be limited to, geology services and other soil or subsurface investigation and testing services, surveying, adjusting and balancing air conditioning, ventilating, heating and other mechanical building systems and testing and consultant services that are determined by the board to be required for the project.
(e) "Architectural services" means those services described by subsection (e) of K.S.A. 74-7003, and amendments thereto.
(f) "Best value selection" means a selection based upon project cost, qualifications and other factors.
(g) "Building construction" means furnishing labor, equipment, material or supplies used or consumed for the design, construction, alteration, renovation, repair or maintenance of a building or structure. Building construction does not include highways, roads, bridges, dams, turnpikes or related structures or stand-alone parking lots.
(h) "Construction services" means the process of planning, acquiring, building, equipping, altering, repairing, improving or demolishing any structure or appurtenance thereto, including facilities, utilities or other improvements to any real property, excluding stand-alone parking lots.
(i) "Construction management at-risk services" means the services provided by a firm which has entered into a contract with the board to be the construction manager or general contractor for the value and schedule of the contract for a project, which is to hold the trade contracts and execute the work for a project in a manner similar to a general contractor, and which is required to solicit competitive bids for the trade packages developed for the project and to enter into the trade contracts for a project with the lowest responsible bidder therefor. Construction management at-risk services may include, but are not limited to scheduling, value analysis, system analysis, constructability reviews, progress document reviews, subcontractor involvement and prequalification, subcontractor bonding policy, budgeting and price guarantees and construction coordination.
(j) "Construction management at-risk contract" means the contract whereby the board acquires from a construction manager or general contractor a series of preconstruction services and an at-risk financial obligation to carry out construction under a specified cost agreement.
(k) "Construction manager or general contractor" means any individual, partnership, joint venture, corporation, or other legal entity who is a member of the integrated project team with the board, design professional and other consultants that may be required for the project, who utilizes skill and knowledge of general contracting to perform preconstruction services and competitively procures and contracts with specialty contractors assuming the responsibility and the risk for construction delivery within a specified cost and schedule terms including a guaranteed maximum price.
(l) "Cost plus guaranteed maximum price contract" means a cost-plus-a-fee contract with a guaranteed maximum price. This includes the sum of the construction manager's fee, the construction manager's contingency, the construction manager's general conditions, all the subcontracts, plus an estimate for unbid subcontracts. The construction manager agrees to pay for costs that exceed the guaranteed maximum price and are not a result of changes in the contract documents.
(m) "Engineering services" means those services described by subsection (i) of K.S.A. 74-7003, and amendments thereto.
(n) "Guaranteed maximum price" means the cost of the work as defined in the contract.
(o) "Selection recommendation committee" means school board or a committee appointed by the school board.
(p) "Parking lot" means a designated area constructed on the ground surface for parking motor vehicles. A parking lot included as part of a building construction project shall be subject to the provisions of this act. A parking lot designed and constructed as a stand-alone project shall not be subject to the provisions of this act.
(q) "Preconstruction services" means a series of services that can include, but are not necessarily limited to: Design review, scheduling, cost control, value engineering, constructability evaluation and preparation and coordination of bid packages.
(r) "Project services" means architectural, engineering services, land surveying, construction management at-risk services, ancillary technical services or other construction-related services determined by the board to be required by the project.
(s) "Public construction project" means the process of designing, constructing, reconstructing, altering or renovating a unified school district building or other structure. Public construction project does not include the process of designing, constructing, altering or repairing a public highway, road, bridge, dam, turnpike or related structure.
History: L. 2008, ch. 148, § 10; July 1.
(b) The board may only approve those projects for which the use of the alternative project delivery procurement process is appropriate. In making such determination, the board shall consider the following factors:
(1) The likelihood that the alternative project delivery method of procurement selected will serve the public interest by providing substantial savings of time or money over the traditional design-bid-build delivery process.
(2) The ability to overlap design and construction phases is required to meet the needs of the end user.
(3) The use of an accelerated schedule is required to make repairs resulting from an emergency situation.
(4) The project presents significant phasing or technical complexities, or both, requiring the use of an integrated team of designers and constructors to solve project challenges during the design or preconstruction phase.
(5) The use of an alternative project delivery method will not encourage favoritism in awarding the public contract or substantially diminish competition for the public contract.
(c) When a board intends to utilize an alternative project delivery method, the board shall allow public comment on this intention at a school board meeting. Notice of this intention shall be clearly stated on the board agenda and in the official newspaper of the school district. Public comment on this intention at a board meeting shall occur before the selection process set forth in this statute may commence.
(d) Notwithstanding the provisions of K.S.A. 72-6760, and amendments thereto, if the board deems that the project does not qualify for the alternative project delivery method included under this act, then the construction services for such project shall be obtained pursuant to competitive bids and all contracts for construction services shall be awarded to the lowest responsible bidder consistent with the provisions of K.S.A 72-6760, and amendments thereto.
History: L. 2008, ch. 148, § 11; July 1.
(a) The board shall determine the scope and level of detail required to permit a qualified construction manager or general contractor to submit construction management at-risk proposals in accordance with the request for proposals given the nature of the project.
(b) Prior to completion of the construction documents, or as early as during the initiation of the project, the construction manager or general contractor shall be selected. The project design professional may be employed or retained by the board to assist in the selection process.
(c) The board shall publish a notice of the request for qualifications and proposals for the required project services at least 15 days prior to the commencement of such requests in the official newspaper of the school district and with a statewide school board or construction industry association website in accordance with K.S.A. 64-101, and amendments thereto, and in such other appropriate manner as may be determined by the board.
(d) The board shall solicit proposals in a three stage qualifications based selection process. Phase I shall be the solicitation of qualifications and prequalifying a minimum of three but no more than five construction manager or general contractors to advance to phase II. Phase II shall be the solicitation of a request for proposal for the project, and phase III shall include an interview with each proposer to present their qualifications and answer questions.
(1) Phase I shall require all proposers to submit a statement of qualifications which shall include, but not be limited to:
(A) Similar project experience;
(B) experience in this type of project delivery system;
(C) references from design professionals and owners from previous projects;
(D) description of the construction manager or general contractor's project management approach; and
(E) bonding capacity. Firms submitting a statement of qualifications shall be capable of providing a public works bond in accordance with K.S.A. 60-1111, and amendments thereto, and shall present evidence of such bonding capacity to the board with their statement or qualifications. If a firm fails to present such evidence, such firm shall be deemed unqualified for selection under this subsection.
(2) The board shall evaluate the qualifications of all proposers in accordance with the instructions of the request for qualifications. The board shall prepare a short list containing a minimum of three and maximum of five qualified firms, which have the best and most relevant qualifications to perform the services required of the project, to participate in phase II of the selection process. If the board receives qualifications from less than four proposers, all proposers shall be invited to participate in phase II of the selection process. The board shall have discretion to disqualify any proposer that, in the board's opinion, lacks the minimal qualifications required to perform the work.
(3) Phase II of the process shall be conducted as follows:
(A) Prequalified firms selected in phase I shall be given a request for proposal. The request for proposal shall require all proposers to submit a more in depth response including, but not be limited to:
(i) Company overview;
(ii) experience or references, or both, relative to the project under question;
(iii) resumes of proposed project personnel;
(iv) overview of preconstruction services;
(v) overview of construction planning;
(vi) proposed safety plan;
(vii) fees, including fees for preconstruction services, fees for general conditions, fees for overhead and profit.
(4) Phase III shall be conducted as follows:
(A) Once all proposals have been submitted, the selection recommendation committee shall interview all of the proposers, allowing the competing firms to present their proposed team members, qualifications, project plan and to answer questions. Interview scores shall not account for more than 50% of the total possible score.
(B) The selection recommendation committee shall select the firm providing the best value based on the proposal criteria and weighting factors utilized to emphasize important elements of each project for approval by the board. All scoring criteria and weighting factors shall be identified by the board in the request for proposal instructions to proposers. The selection recommendation committee shall proceed to negotiate with and attempt to enter into contract with the firm receiving the best total score to serve as the construction manager or general contractor for the project. Should the selection recommendation committee be unable to negotiate a satisfactory contract with the firm scoring the best total score, negotiations with that firm shall be terminated, and the committee shall undertake negotiations with the firm with the next best total score, in accordance with this act.
(C) If the selection recommendation committee determines, that it is not in the best interest of the board to proceed with the project pursuant to the proposals offered, the selection recommendation committee shall reject all proposals. If all proposals are rejected, the board may solicit new proposals using different design criteria, budget constraints or qualifications.
(D) The contract to perform construction management at-risk services for a project shall be prepared by the board and entered into between the board and the firm performing such construction management at-risk services. A construction management at-risk contract utilizing a cost plus guaranteed maximum price contract value shall return all savings under the guaranteed maximum price to the school district.
(E) The board or the construction manager at-risk, at the board's discretion shall publish a construction services bid notice in the official newspaper of the school district and website of a statewide school board association or construction industry association and in such other appropriate manner for the construction manager or general contractor as may be determined by the board. Each construction services bid notice shall include the request for bids and other bidding information prepared by the construction manager or general contractor and the board. The board may allow the construction manager or general contractor to self-perform construction services provided the construction manager or general contractor submits a sealed bid proposal under the same conditions as all other competing firms. At the time for opening the bids, the construction manager or general contractor shall evaluate the bids and shall determine the lowest responsible bidder except in the case of self-performed work for which the board shall determine the lowest responsible bidder. The construction manager or general contractor shall enter into a contract with each firm performing the construction services for the project and make a public announcement of each firm selected at the first school board meeting following the selection.
History: L. 2008, ch. 148, § 12; July 1.
History: L. 2008, ch. 148, § 13; July 1.
History: L. 2008, ch. 148, § 14; July 1.
(b) Any board of education may issue, without an election but with the approval of the state board of education, bonds to construct or acquire buildings to be used for school district purposes, including housing and boarding pupils enrolled in an area vocational school operated under the board, to repair school district buildings, to acquire equipment, or to purchase school buses, in an amount not to exceed $20,000. Bonds issued without an election under this subsection shall not be subject to any bonded debt limitations nor shall the bonds be considered in determining the bonded indebtedness of any school district, and the total amount of bonds outstanding which are issued hereunder without an election shall not at any one time exceed $20,000.
(c) In lieu of bonds, temporary notes may be issued under K.S.A. 10-123, and amendments thereto, and the notes may be retired, at the option of the board of education, by tax levies made under K.S.A. 10-113, and amendments thereto.
(d) To the extent that the provisions of any other law pertaining to the determination of limitations on bonded debt of school districts conflict with the provisions of this section, the provisions of this section shall control.
History: L. 1963, ch. 393, § 28; L. 1969, ch. 335, § 1; L. 1971, ch. 234, § 1; L. 1980, ch. 221, § 1; L. 1981, ch. 286, § 1; L. 1991, ch. 227, § 1; L. 1993, ch. 39, § 1; July 1.
History: L. 1974, ch. 289, § 1; Repealed, L. 1999, ch. 8, § 1; July 1.
History: L. 1978, ch. 285, § 1; Repealed, L. 1999, ch. 8, § 1; July 1.
History: L. 1963, ch. 393, §§ 31, 33; Repealed, L. 1970, ch. 279, § 1; July 1.
Form U 118
ORDER ORGANIZING UNIFIED SCHOOL DISTRICTS AND DISORGANIZING NONUNIFIED SCHOOL DISTRICTS
In accordance with authority vested in the State Superintendent of Public Instruction by the Constitution and Laws of the State of Kansas, and particularly Chapter 393 of the Session Laws of Kansas, 1963, the within order is entered and made this ____ day of _________, __, by me, Adel F. Throckmorton, duly elected and acting State Superintendent of Public Instruction of the State of Kansas.
Preliminary to issuing the within order the following findings are hereby made and declared:
1. The planning board of the above county was duly organized by law on ______________; and said planning board has been duly constituted at all times since said date of organization.
2. The planning board of the above named county has duly performed all of the duties and requirements prescribed by said Chapter 393 of the Laws of Kansas, 1963, and was duly authorized by me to conduct an election for approval of unified districts in said planning unit on ______________, having received my unconditional approval of recommendations.
3. On ______________, the above planning board conducted an election for the approval of unified districts in said planning unit and all of the requirements of law for conduct of such election including the form of notice, ballots used, procedures of election, selection of voting places, and all other matters of whatsoever kind performed in conducting said election were conducted and performed in accordance with the law.
4. I have received the duly completed and executed Certificate of Election Results (Form U 116) of the planning board above named dated ____________, and such certificate shows, and I hereby find, that the proposed unified districts of __________ County planning unit are deemed approved, and the same are hereby found to be approved by the electors of __________ County planning unit, all as provided by law.
5. The recommendations approved by me for said planning unit proposed two (2) unified districts which were referred to in such recommendations as "The ____________" and "The ____________." Said _________ shall hereafter be designated by the name and style of _________, _________ County, State of Kansas."
Said __________ shall hereafter be designated by the name and style of _________, _________ County, State of Kansas."
6. The main school building of the following nonunified school districts is in the __________ County planning unit:
Type of Number of County of district district district (Districts listed)
Now, therefore, I, Adel F. Throckmorton, State Superintendent of Public Instruction, do hereby order that the above named and described unified districts are hereby organized and their home county is designated to be __________ County; the effective date of the organization of such unified districts is __________, for the limited purposes specified in Chapter 393 of the Session Laws of Kansas, 1963, and the effective date of organization of such unified districts for all purposes is ______________; the territorial extent and boundaries of each of said unified districts is described in the attached exhibit which has been marked "Exhibit A" and which is hereby made a part of this order as though fully set out herein: Provided, That it is the intention of this order that the unified districts heretofore established under authority of Chapter 393 of the Laws of Kansas, 1963, shall (not) be overlapped by the districts organized by this order, and if any such overlapping does inadvertently occur by reason of the description herein provided, then the boundaries of the unified districts established by orders heretofore made shall be construed to be controlling; the above named nonunified school districts are hereby disorganized effective __________.
This order is signed and executed this ____ day of _________, __, and shall take effect and be in force at the times and to the extent provided by law in Chapter 393 of the Session Laws of Kansas, 1963.
/s/ Adel F. Throckmorton State Superintendent of Public Instruction of the
[seal]
State of Kansas
The unified districts validated by this section are designated by the name and style of "Unified District No. ______________, __________ County, State of Kansas"; and the numbers and counties of such unified districts are as follows: No. 208 of Trego county; Nos. 209 and 210 of Stevens county; Nos. 211, 212, 213 of Norton county; No. 214 of Grant county; Nos. 215 and 216 of Kearny county; Nos. 217 and 218 of Morton county; Nos. 219 and 220 of Clark county; Nos. 221, 222, 223 and 224 of Washington county; Nos. 225 and 226 of Meade county; Nos. 227 and 228 of Hodgeman county; Nos. 229, 230, 231, 232 and 233 of Johnson county; Nos. 234 and 235 of Bourbon county; Nos. 236, 237 and 238 of Smith county; Nos. 239 and 240 of Ottawa county; Nos. 241 and 242 of Wallace county; Nos. 243, 244 and 245 of Coffey county; Nos. 246, 247, 248, 249 and 250 of Crawford county; Nos. 251, 252 and 253 of Lyon county; Nos. 254 and 255 of Barber county; Nos. 256, 257 and 258 of Allen county; Nos. 259, 260, 261, 262, 263, 264, 265, 266, 267 and 268 of Sedgwick county; Nos. 269, 270 and 271 of Rooks county; Nos. 272 and 273 of Mitchell county; Nos. 274 and 275 of Logan county; Nos. 276, 277, 278 and 279 of Jewell county; Nos. 280 and 281 of Graham county; Nos. 282 and 283 of Elk county; Nos. 284 of Chase county; Nos. 285 and 286 of Chautauqua county; Nos. 287, 288, 289 and 290 of Franklin county; Nos. 291, 292 and 293 of Gove county; Nos. 294 and 295 of Decatur county; Nos. 296 and 297 of Cheyenne county; Nos. 298 and 299 of Lincoln county; No. 300 of Comanche county; Nos. 301, 302, 303 and 304 of Ness county; Nos. 305, 306 and 307 of Saline county; Nos. 308, 309, 310, 311, 312 and 313 of Reno county; Nos. 314, 315 and 316 of Thomas county; Nos. 317, 318 and 319 of Rawlins county; Nos. 320, 321, 322 and 323 of Pottawatomie county; Nos. 324, 325 and 326 of Phillips county; Nos. 327 and 328 of Ellsworth county; Nos. 329 and 330 of Wabaunsee county; Nos. 331 and 332 of Kingman county; Nos. 333 and 334 of Cloud county; Nos. 335, 336 and 337 of Jackson county; Nos. 338, 339, 340, 341, 342, and 343 of Jefferson county; and Nos. 349, 350 and 351 of Stafford county.
History: L. 1965, ch. 420, § 1; Feb. 23.
Form U 120
ORDER ORGANIZING UNIFIED SCHOOL DISTRICTS AND DISORGANIZING NONUNIFIED SCHOOL DISTRICTS
In accordance with authority vested in the State Superintendent of Public Instruction by the Constitution and Laws of the State of Kansas, and particularly Chapter 393 of the Session Laws of Kansas, 1963, the within order is entered and made this ____ day of ______________, by me, Adel F. Throckmorton, duly elected and acting State Superintendent of Public Instruction of the State of Kansas.
Preliminary to issuing the within order the following findings are hereby made and declared:
1. ______________, (being after October 1, 1964) ______________ petitioned the State Superintendent of Public Instruction under authority of Section 13 of the above statute for the establishment of a unified district comprised of territory described in such petition as follows:
2. Said ______________ duly adopted a resolution authorizing the execution of such petition, and the same was duly executed and presented to the state superintendent of public instruction on ______________.
3. The territory described in such petition includes at least 80 percent of the territory and population of the petitioning district, and includes territory outside of such petitioning district within the limits prescribed by clause (b) of said Section 13.
4. The method of election of members of the board of the unified district is stated in such petition (together with recommendations for member district boundaries). The same conforms to the provisions of said Chapter 393 of the Session Laws of Kansas, 1963.
5. The proposed unified district meets the requirements of Section 11 (a), (c), (g) and (h) of said Chapter 393.
6. The state superintendent of public instruction has considered such petition and is of the opinion that establishment of such unified district is consistent with the purpose named in said Chapter 393.
Therefore, and in consideration of the above, I, Adel F.
Throckmorton, State Superintendent of Public Instruction, do hereby
order that the above named and described unified district is hereby
organized and its home county is designated to be ______________ County;
and shall hereafter be designated by the name and style of Unified
School District No. ______, ______________ County, State of Kansas. The
effective date of the organization of such unified district is January
1, 1965, for the limited purposes specified in Chapter 393 of the
Session Laws of Kansas, 1963, and the effective date of organization of
such unified district for all purposes is July 1, 1966; the territorial
extent and boundaries of the unified district hereby established is
described in paragraph 1 above: Provided, That it is the intention
of this order that the unified districts heretofore established under
authority of Chapter 393 of the Laws of Kansas, 1963, shall not be
overlapped by the districts organized by the order, and if any such
overlapping does inadvertently occur by reason of the description herein
provided, then the boundaries of the unified districts established by
orders heretofore made shall be construed to be controlling.
Whereas, the above order is made and entered, the following further order is also made and entered as a part thereof, to wit:
1. All of the following named school districts are wholly within the boundaries of the unified district hereby organized and such named school districts are hereby disorganized effective July 1, 1966:
Type of Number of district district County
2. All of the following named school districts are divided by this organization order, but the remaining territory thereof is adequate in size to remain organized in the opinion of the state superintendent of public instruction, and the same shall therefore remain organized until and unless disorganized according to law:
Type of Number of district district County
3. All of the following named school districts are divided by this disorganization order, and, in the opinion of the state superintendent, the territories outside of the unified district are not adequate in size to remain organized; therefore, these districts are hereby disorganized effective July 1, 1966:
Type of Number of district district County
This order is signed and executed this ____ day of _________, __, and shall take effect and be in force at the times and to the extent provided by law in Chapter 393 of the Session Laws of Kansas, 1963.
/s/ Adel F. Throckmorton
State Superintendent of
Public Instruction of the
[seal]
State of Kansas
The unified districts validated by this section are designated by the name and style of "Unified District No. ____, ____________ County, State of Kansas"; and the numbers and counties of such unified districts are as follows: Nos. 344 and 346 of Linn county; No. 345 of Shawnee county; No. 347 of Edwards county; No. 348 of Douglas county; No. 352 of Sherman county; Nos. 353, 356, 357, 358, 359 and 360 of Sumner county; Nos. 354 and 355 of Barton county; No. 361 of Harper county; No. 362 of Linn county; No. 363 of Finney county; No. 364 of Marshall county; No. 365 of Anderson county; No. 366 of Woodson county; Nos. 367 and 368 of Miami county; No. 369 of Harvey county; Nos. 370 and 371 of Gray county; No. 372 of Shawnee county; No. 373 of Harvey county; No. 374 of Haskell county; No. 375 of Butler county; No. 376 of Rice county; No. 378 of Riley county; No. 379 of Clay county; No. 380 of Marshall county; No. 381 of Ford county; No. 382 of Pratt county; Nos. 383 and 384 of Riley county; No. 385 of Butler county; No. 386 of Greenwood county; No. 387 of Wilson county; No. 388 of Ellis county; and Nos. 389 and 390 of Greenwood county; Nos. 391 and 392 of Osborne county; No. 393 of Dickinson county; Nos. 394 and 396 of Butler county; No. 395 of Rush county; Nos. 397 and 398 of Marion county; No. 399 of Russell county; No. 400 of McPherson county; No. 401 of Rice county; No. 402 of Butler county; No. 403 of Rush county; No. 404 of Cherokee county; No. 405 of Rice county; No. 406 of Doniphan county; Nos. 408 and 410 of Marion county; Nos. 377 and 409 of Atchison county; No. 411 of Marion county; No. 412 of Sheridan county; Nos. 413 and 414 of Neosho county; No. 415 of Brown county; No. 416 of Miami county; No. 417 of Morris county; Nos. 418 and 419 of McPherson county; Nos. 420 and 421 of Osage county; Nos. 422 and 424 of Kiowa county; No. 423 of McPherson county; No. 425 of Doniphan county; Nos. 426 and 427 of Republic county; No. 429 of Doniphan county; No. 430 of Brown county; No. 431 of Barton county; No. 432 of Ellis county; No. 433 of Doniphan county; and No. 434 of Osage county; No. 435 of Dickinson county; No. 436 of Montgomery county; No. 437 of Shawnee county; No. 438 of Pratt county; No. 439 of Harvey county; No. 440 of Harvey county; No. 407 of Russell county; No. 428 of Barton county; Nos. 441 and 442 of Nemaha county; No. 443 of Ford county; No. 444 of Rice county; Nos. 445, 446 and 447 of Montgomery county; No. 448 of McPherson county; and No. 449 of Leavenworth county.
History: L. 1965, ch. 420, § 2; Feb. 23.
History: L. 1965, ch. 420, § 4; Repealed, L. 1968, ch. 59, § 45; July 1.
History: L. 1965, ch. 420, § 5; Repealed, L. 1970, ch. 279, § 1; July 1.
(2) If the population of any board member district is at least 5% above or 5% below the mean population of all board member districts within the school district, based upon the most recently published federal decennial census or upon population estimates as determined by the county election officer of the home county of the school district, the board of education of such school district shall change the boundaries of the board member districts so that the population of any board member district is not greater than 5% above nor 5% below the mean population of all board member districts within the school district. If the board does not change the boundaries as required by this paragraph, the county or district attorney of the home county of the school district shall notify the board of its duty to make such changes. If within 60 days after receiving such notification, the board fails to change the boundaries as required by this paragraph, the county or district attorney shall file an action in the district court of such county requesting an order to compel the school board to change the board member district boundaries as required by this paragraph.
(3) No boundary changes shall be made during the ninety-day period preceding any regular election of the school district. Such resolution shall be published one time in a newspaper having general circulation in the district, and such publication shall be made within two weeks after the adoption of such resolution. No action shall be brought in any court to contest the location of the boundaries of any member district except within 60 days immediately following the publication of such resolution. Any such action shall be filed in the name of the state by a county or district attorney or the attorney general in a district court of competent jurisdiction. Such a court is authorized to advance any such action on its docket for early determination to facilitate the conduct of elections to be held in the unified district.
(b) Amendments to board member district boundaries may be made to correct errors therein or to make the territory thereof more practicable. In the event of transfer of any territory into a school district, such territory shall be assigned to one or more board member districts, if any, by the board of education by resolution duly adopted no later than 60 days prior to any regular election in the school district. In the event of transfer of any territory out of the school district, board member districts shall be adjusted, if needed, by the board by resolution duly adopted no later than 60 days prior to any regular election in the school district.
Whenever the boundaries of any board member district are changed, the board of education shall immediately notify, in writing, the county election officer of the home county of the school district. Such notice shall describe the boundaries as changed.
History: L. 1965, ch. 420, § 6; L. 1972, ch. 266, § 1; L. 1996, ch. 7, § 1; L. 2006, ch. 188, § 1; July 1.
History: L. 1965, ch. 420, § 8; Repealed, L. 1965, ch. 410, § 47; May 17.
History: L. 1965, ch. 420, § 10; L. 1968, ch. 59, § 38; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1965, ch. 420, § 11; Repealed, L. 1968, ch. 59, § 45; July 1.
History: L. 1965, ch. 420, §§ 15, 16; Repealed, L. 1970, ch. 279, § 1; July 1.
(b) Any unified district making payments under this section is authorized to levy taxes over a period of three (3) years to obtain funds to make such payments, and such levy shall be in addition to all other tax levies authorized or limited by law and shall not be subject to or within any aggregate tax levy limit.
(c) Such equitable considerations as are deemed, by such negotiating boards or such court, to be appropriate may be considered.
History: L. 1965, ch. 420, § 17; Feb. 23.
History: L. 1965, ch. 420, § 19; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1965, ch. 420, § 21; Feb. 23.
History: L. 1965, ch. 420, § 22; L. 1967, ch. 384, § 6; July 1.
History: L. 1965, ch. 420, § 22; L. 1967, ch. 401, § 1; Repealed, L. 1968, ch. 280, § 3; July 1.
History: L. 1967, ch. 401, § 2; L. 1968, ch. 280, § 1; July 1.
History: L. 1965, ch. 420, § 26; Repealed, L. 1967, ch. 402, § 1; July 1.
History: L. 1965, ch. 420, § 27; L. 1965, ch. 410, § 29; Repealed, L. 1968, ch. 59, § 45; July 1.
History: L. 1965, ch. 420, § 28; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1965, ch. 410, §§ 1, 2; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1965, ch. 410, § 3; Repealed, L. 1968, ch. 59, § 45; July 1.
History: L. 1965, ch. 410, § 4; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1965, ch. 410, § 5; L. 1967, ch. 403, § 2; Repealed, L. 1969, ch. 336, § 9; April 25.
History: L. 1967, ch. 403, § 1; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1967, ch. 403, § 3; May 2.
History: L. 1965, ch. 410, § 7; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1965, ch. 410, § 8; L. 1967, ch. 404, § 1; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1965, ch. 410, § 9; L. 1967, ch. 405, § 1; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1965, ch. 410; § 10; May 17.
Form 120B
ORDER ORGANIZING A UNIFIED SCHOOL DISTRICT AND DISORGANIZING NONUNIFIED SCHOOL DISTRICTS
In accordance with authority vested in the State Superintendent of
Public Instruction by the Constitution and Laws of the State of Kansas,
and particularly Chapter 393 of the Session Laws of Kansas, 1963, as
amended and supplemented by House bill No. 539 of the 1965 Session of
the Legislature, the within order is entered and made this ____ day of
_________, 1965, by me, Adel F. Throckmorton, duly elected and acting
State Superintendent of Public Instruction of the State of Kansas.
Preliminary to issuing the within order the following findings are hereby made and declared:
1. On ____________, the ______________ filed a petition, later amended on ____________, with the State Superintendent of Public Instruction under authority of Section 4 or 5 of House bill No. 539 of the 1965 Legislature for the establishment of a unified school district comprised of territory described in such petition as follows:
2. Said ______________ duly adopted a resolution authorizing the execution of such petition, and the same was duly executed and presented to the State Superintendent of Public Instruction on ____________, 19__.
3. The method of election of members of the board of the unified district petitioned for is stated in such petition (together with recommendations for member district boundaries). The same conforms to the provisions of law thereto relating.
4. The proposed unified district meets the requirements of Section 5 of said House bill No. 539.
5. The State Superintendent of Public Instruction has considered such petition and is of the opinion that establishment of such unified school district is consistent with the purposes named in said Chapter 393 and House bill No. 539.
Therefore, and in consideration of the above, I, Adel F. Throckmorton, State Superintendent of Public Instruction, State of Kansas, do hereby order that the above-named and described unified district is hereby organized, and its home county is designated to be __________ County; the above described unified district shall hereafter be designated by the name and style of Unified School District No. ____, __________ County; State of Kansas; the ______________
(Name election officer)
shall conduct an election for __________ board members of the unified district on ____________, 1965, and the board members elected shall take office on July 1, 1965 [as interim board members until July 1, 1966 (omit for city districts)], at which time such unified district shall become effective and operative for all purposes and the board members so elected shall serve as the board of education of the unified district as is provided by law; the territorial extent and boundaries of the unified district hereby established is described in paragraph 1 above; the below named nonunified school districts are hereby disorganized effective
Whereas, the above order is made and entered, the following further order is also made and entered as a part thereof, to wit:
1. All of the following named school districts are wholly within the boundaries of the unified district hereby organized and such named school districts are hereby disorganized effective July 1, 1966:
Type of Number of district district County
2. All of the following named school districts are divided by this organization order, but the remaining territory thereof is adequate in size to remain organized in the opinion of the State Superintendent of Public Instruction, and the same shall therefore remain organized until and unless disorganized according to law:
Type of Number of district district County
3. All of the following named school districts are divided by this organization order and, in the opinion of the State Superintendent of Public Instruction, the territories outside of the unified district are not adequate in size to remain organized; therefore, these districts are hereby disorganized effective July 1, 1966:
Type of Number of district district County
This order is signed and executed this ____ day of _________, 19__, and shall take effect and be in force at the times and to the extent provided by law in Chapter 393 of the Session Laws of Kansas, 1963, as amended by House bill No. 539 of the 1965 Session of the Legislature.
/s/ Adel F. Throckmorton
State Superintendent of
Public Instruction of the
[seal]
State of Kansas
The unified districts validated by this section are designated by the name and style of "Unified School District No. ____, __________ County, State of Kansas"; and the numbers and counties of such unified districts are as follows: No. 458 of Leavenworth county; No. 459 of Ford county; No. 460 of Harvey county; No. 461 of Wilson county; Nos. 462 and 463 of Cowley county; No. 464 of Leavenworth county; No. 465 of Cowley county; No. 466 of Scott county; No. 467 of Wichita county; No. 468 of Lane county; No. 469 of Leavenworth county; Nos. 470 and 471 of Cowley county; No. 472 of Neosho county; No. 473 of Dickinson county; No. 474 of Kiowa county; No. 475 of Geary county; and Nos. 201, 202, 203 and 204 of Wyandotte county; Nos. 476 and 477 of Gray county; No. 478 of Hamilton county; No. 479 of Anderson county; No. 480 of Seward county; No. 481 of Dickinson county; No. 482 of Lane county; No. 483 of Seward county; and No. 484 of Wilson county.
History: L. 1965, ch. 410, § 11; May 17.
History: L. 1965, ch. 410, §§ 19, 20; Repealed, L. 1968, ch. 59, § 45; July 1.
History: L. 1965, ch. 410, § 22; Repealed, L. 1968, ch. 59, § 45; July 1.
History: L. 1965, ch. 410, § 24; Repealed, L. 1968, ch. 59, § 45; July 1.
History: L. 1965, ch. 410, §§ 26, 27; Repealed, L. 1968, ch. 59, § 45; July 1.
History: L. 1965, ch. 410, § 30; Repealed, L. 2009, ch. 130, § 5; July 1.
History: L. 1965, ch. 410, § 34; Repealed, L. 2001, ch. 8, § 1; July 1.
History: L. 1965, ch. 410, § 35; L. 1968, ch. 59, § 42; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1965, ch. 410, § 36; Repealed, L. 1968, ch. 59, § 45; July 1.
History: L. 1965, ch. 410, § 38; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1965, ch. 410, § 40; Repealed, L. 1968, ch. 59, § 45; July 1.
(1) Offer and teach courses and conduct preschool programs for children under the age of eligibility to attend kindergarten.
(2) Enter into cooperative or interlocal agreements with one or more other boards for the establishment, operation and maintenance of such preschool programs.
(3) Contract with private, nonprofit corporations or associations or with any public or private agency or institution, whether located within or outside the state, for the establishment, operation and maintenance of such preschool programs.
(4) Prescribe and collect fees for providing such preschool programs.
(b) Fees for providing preschool programs shall be prescribed and collected only to recover the costs incurred as a result of and directly attributable to the establishment, operation and maintenance of the preschool programs. Revenues from fees collected by a board under this section shall be deposited in the general fund of the school district and shall be considered reimbursements to the district for the purpose of the school district finance and quality performance act and may be expended whether the same have been budgeted or not and amounts so expended shall not be considered operating expenses.
History: L. 1965, ch. 410, § 41; L. 1980, ch. 222, § 1; L. 2003, ch. 104, § 8; July 1.
History: L. 1965, ch. 410, § 43; Repealed, L. 1968, ch. 401, § 14; July 1.
History: L. 1965, ch. 410, §§ 45, 46; Repealed, L. 1970, ch. 279, § 1; July 1.