Kansas Statutes

Chapter 72: Schools

Article 67: School Unification Acts

Statutes:

• 72-6701 to 72-6733:
• 72-6734:
• 72-6735:
• 72-6736:
• 72-6737 to 72-6742:
• 72-6743:
• 72-6744:
• 72-6745:
• 72-6746:
• 72-6749:
• 72-6750:
• 72-6751:
• 72-6752:
• 72-6752b:
• 72-6757: Pupil attendance at school in district of nonresidence; definitions; contracts authorized; conditions; applicability; alternative provisions.
• 72-6759:
• 72-6760: School district expenditures over $20,000; requirements relating to bids and bidders; exemptions.
• 72-6760a:
• 72-6760b: Reverse auctioning electronic procurement process; guidelines and procedures; definitions.
• 72-6761: General obligation bonds; purpose for issuance; when election required; contest of validity; limitations; temporary notes, tax levy.
• 72-6761a:
• 72-6761b:
• 72-6762, 72-6763:
• 72-6764: Validating certain unified school districts; approved by election.
• 72-6765: Same; approved on petition.
• 72-6767:
• 72-6768:
• 72-6769: Board member district boundaries; adjustment.
• 72-6771:
• 72-6772:
• 72-6773:
• 72-6774, 72-6775:
• 72-6776: Equitable payments between unified school districts.
• 72-6777:
• 72-6779: City annexation; effect.
• 72-6780: Certain districts; retirement systems.
• 72-6780a:
• 72-6780b: Increased retirement payments for certain districts, when.
• 72-6782:
• 72-6783:
• 72-6784:
• 72-6785, 72-6786:
• 72-6787:
• 72-6788:
• 72-6789:
• 72-6789a:
• 72-6789b: Name and style of district; application of laws.
• 72-6790:
• 72-6791:
• 72-6792:
• 72-6793: Validating certain unified school districts.
• 72-6794: Same; district 458 and following.
• 72-6797, 72-6798:
• 72-67,100:
• 72-67,102:
• 72-67,104, 72-67,105:
• 72-67,106: Interim taxation and budget.
• 72-67,109:
• 72-67,110:
• 72-67,111:
• 72-67,113:
• 72-67,114:
• 72-67,115: Preschool programs; interlocal agreements; contracts to provide programs; fees.
• 72-67,116:
• 72-67,117, 72-67,118:

• 72-6701 to 72-6733:

        History:   L. 1961, ch. 361, §§ 1 to 33; Repealed, L. 1965, ch. 419, § 1; June 30.

• 72-6734:

        History:   L. 1963, ch. 393, § 1; L. 1984, ch. 261, § 8; Repealed, L. 2003, ch. 104, § 9; July 1.

• 72-6735:

        History:   L. 1963, ch. 393, § 2; Repealed, L. 2003, ch. 104, § 9; July 1.

• 72-6736:

        History:   L. 1963, ch. 393, § 3; Repealed, L. 1969, ch. 310, § 66; July 1.

• 72-6737 to 72-6742:

        History:   L. 1963, ch. 393, §§ 4 to 9; Repealed, L. 1969, ch. 310, § 66; July 1.

• 72-6743:

        History:   L. 1963, ch. 393, § 10; Repealed, L. 1970, ch. 279, § 1; July 1.

• 72-6744:

        History:   L. 1963, ch. 393, § 11; Repealed, L. 1984, ch. 261, § 20; July 1.

• 72-6745:

        History:   L. 1963, ch. 393, § 12; Repealed, L. 1968, ch. 59, § 45; July 1.

• 72-6746:

        History:   L. 1963, ch. 393, § 13; Repealed, L. 1970, ch. 279, § 1; July 1.

• 72-6749:

        History:   L. 1963, ch. 393, § 16; L. 1965, ch. 420, § 13; Repealed, L. 1968, ch. 59, § 45; July 1.

• 72-6750:

        History:   L. 1963, ch. 393, § 17; L. 1965, ch. 420, § 14; Repealed, L. 1970, ch. 279, § 1; July 1.

• 72-6751:

        History:   L. 1963, ch. 393, § 18; Repealed, L. 1965, ch. 420, § 29; Feb. 23.

• 72-6752:

        History:   L. 1963, ch. 393, § 19; L. 1965, ch. 420, § 9; L. 1967, ch. 396, § 1; Repealed, L. 1968, ch. 59, § 45; July 1.

• 72-6752b:

        History:   L. 1967, ch. 397, § 2; Repealed, L. 1968, ch. 59, § 45; July 1.

• 72-6757: Pupil attendance at school in district of nonresidence; definitions; contracts authorized; conditions; applicability; alternative provisions. (a) As used in this section:

        (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.

• 72-6759:

        History:   L. 1963, ch. 393, § 26; Repealed, L. 1970, ch. 279, § 1; July 1.

• 72-6760: School district expenditures over $20,000; requirements relating to bids and bidders; exemptions. (a) Except as provided by this section and K.S.A. 72-6760b, no expenditure involving an amount greater than $20,000 for construction, reconstruction or remodeling or for the purchase of materials, goods or wares shall be made by the board of education of any school district except upon sealed proposals, and to the lowest responsible bidder.

        (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.

• 72-6760a:

        History:   L. 1967, ch. 507, § 1; L. 1969, ch. 334, § 5; Repealed, L. 1971, ch. 233, § 1; July 1.

• 72-6760b: Reverse auctioning electronic procurement process; guidelines and procedures; definitions. (a) The state board of education shall allow every school district to participate in a reverse auctioning electronic procurement process and on-line bidding process. The state board of education shall develop guidelines and procedures for those school districts choosing to use these procurement processes.

        (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.

• 72-6761: General obligation bonds; purpose for issuance; when election required; contest of validity; limitations; temporary notes, tax levy. (a) The board of education of a school district is authorized to select any site or sites necessary for school district purposes. When a board determines that it is necessary to purchase or improve a site or sites, or to acquire, construct, equip, furnish, repair, remodel or make additions to any building or buildings used for school district purposes, including housing and boarding pupils enrolled in an area vocational school operated under the board, or to purchase school buses, the board may submit to the electors of the unified district the question of issuing general obligation bonds for one or more of the above purposes, and upon the affirmative vote of the majority of those voting thereon, the board shall be authorized to issue the bonds. The board shall adopt a resolution stating the purpose for which bonds are to be issued and the estimated amount thereof. The board shall give notice of the bond election in the manner prescribed in K.S.A. 10-120, and amendments thereto, and the election shall be held in accordance with the provisions of the general bond law. No action shall be brought in any court to contest the validity of any election held under this subsection, nor to contest any of the proceedings preliminary thereto, except within 90 days immediately following certification of the results of the election. The aggregate amount of bonds of a board outstanding at any time, exclusive of bonds specifically exempted from statutory debt limitations, shall be limited to 14% of the assessed valuation of taxable tangible property within the school district, except that such limitation may be modified as provided in article 23 of chapter 75 of Kansas Statutes Annotated. The bonded debt limitation prescribed by amendment of this subsection shall not be applied in any manner so as to affect the validity of any bonds of a board which are outstanding on the effective date of this act.

        (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.

• 72-6761a:

        History:   L. 1974, ch. 289, § 1; Repealed, L. 1999, ch. 8, § 1; July 1.

• 72-6761b:

        History:   L. 1978, ch. 285, § 1; Repealed, L. 1999, ch. 8, § 1; July 1.

• 72-6762, 72-6763:

        History:   L. 1963, ch. 393, §§ 31, 33; Repealed, L. 1970, ch. 279, § 1; July 1.

• 72-6764: Validating certain unified school districts; approved by election. The orders of the state superintendent of public instruction heretofore issued entitled "order organizing unified school districts and disorganizing nonunified school districts" are hereby declared to be operative and effective as of January 1, 1965, to the extent and at the times specified in such orders, except as otherwise specifically provided in this act and the act of which this act is amendatory. The above orders of the state superintendent hereby validated are made in substantially the following form and the same are filed in the office of the state superintendent of public instruction.

  Form U 118
  

  STATE OF KANSAS DEPARTMENT OF PUBLIC INSTRUCTION
  Adel F. Throckmorton, Superintendent Topeka, Kansas ________ County Planning Unit
  

  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

  (Exhibits attached.)

        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.

• 72-6765: Same; approved on petition. The orders of the state superintendent of public instruction heretofore issued headed "order organizing unified school districts and disorganizing nonunified school districts" are hereby declared to be operative and effective as of January 1, 1965, to the extent and at the times specified in such orders, except as otherwise specifically provided in this act and the act of which this act is amendatory. The above orders of the state superintendent hereby validated are made in substantially the following form and the same are filed in the office of the state superintendent of public instruction.

  Form U 120
  

  STATE OF KANSAS DEPARTMENT OF PUBLIC INSTRUCTION
  Adel F. Throckmorton, Superintendent Topeka, Kansas
  

  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:

  (See attached Exhibit A.)

        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.
  

  Part B
  

        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

  (Exhibits attached.)

        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.

• 72-6767:

        History:   L. 1965, ch. 420, § 4; Repealed, L. 1968, ch. 59, § 45; July 1.

• 72-6768:

        History:   L. 1965, ch. 420, § 5; Repealed, L. 1970, ch. 279, § 1; July 1.

• 72-6769: Board member district boundaries; adjustment. (a) (1) Except as provided by paragraph (3), the board of education of any school district may change the boundaries of board member districts, if any, within the school district at any time the board determines such change is necessary. The board is directed to make any appropriate changes in the board member districts of the school district by resolution duly adopted at a meeting of the board. The board shall draw boundaries of board member districts that are as compact and equal in population as possible. The boundaries of board member districts shall be drawn, to the extent practical, to include whole voting precincts. Upon a finding by the board that whole voting precincts cannot be included, boundaries shall be drawn to include whole census blocks.

        (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.

• 72-6771:

        History:   L. 1965, ch. 420, § 8; Repealed, L. 1965, ch. 410, § 47; May 17.

• 72-6772:

        History:   L. 1965, ch. 420, § 10; L. 1968, ch. 59, § 38; Repealed, L. 1970, ch. 279, § 1; July 1.

• 72-6773:

        History:   L. 1965, ch. 420, § 11; Repealed, L. 1968, ch. 59, § 45; July 1.

• 72-6774, 72-6775:

        History:   L. 1965, ch. 420, §§ 15, 16; Repealed, L. 1970, ch. 279, § 1; July 1.

• 72-6776: Equitable payments between unified school districts. (a) Where a unified district acquires a school building of a divided disorganized district and the bonded indebtedness for such building is only partly paid, the unified district acquiring such building may either pay to or receive from each other district or districts in which any part of the territory of the disorganized district is located an equitable payment. Such equitable payment, if any, shall be determined as follows: (1) The boards of the interested districts shall negotiate and agree upon such payments, if possible; (2) if such agreement cannot be reached, the board of any interested district may file an action at any time after January 1, 1967, and before January 1, 1968, in the district court of the county in which such school building is located, to determine such equitable payments; (3) the district court in which such an action is filed shall determine venue of the action, and if venue is found to be in such court, shall appoint a commissioner and may appoint appraisers to determine any facts or valuations that the court deems material; (4) the commissioner, and appraisers if any, shall report their findings to the court together with any recommendations requested by the court; (5) the court may hear evidence and shall hear arguments of interested districts; (6) thereafter the court shall issue its order determining such equitable payments, if any, allowing reasonable fees to the commissioner and appraisers, if any, and assessing the costs of action, including such fees, to the litigants or any one or more of them.

        (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.

• 72-6777:

        History:   L. 1965, ch. 420, § 19; Repealed, L. 1970, ch. 279, § 1; July 1.

• 72-6779: City annexation; effect. No annexation by any city governing body shall effect any change in the boundaries of any unified district or other school district.

        History:   L. 1965, ch. 420, § 21; Feb. 23.

• 72-6780: Certain districts; retirement systems. Whenever there is included in any unified district a disorganized district in which was maintained as of January 1, 1965, a school employees' retirement system separate from or supplemental to the state school retirement system at the time of inclusion in said unified district then said unified district shall assume all authority granted and all responsibilities imposed by all statutes relating to such retirement system applicable at the effective date of unification and all subsequent amendments thereto.

        History:   L. 1965, ch. 420, § 22; L. 1967, ch. 384, § 6; July 1.

• 72-6780a:

        History:   L. 1965, ch. 420, § 22; L. 1967, ch. 401, § 1; Repealed, L. 1968, ch. 280, § 3; July 1.

• 72-6780b: Increased retirement payments for certain districts, when. The monthly payments of annuity as otherwise provided shall be increased effective July 1, 1967, by the amount the monthly payment, if any, paid to the board of education as provided by K.S.A. 72-5512a as representing the school service annuity to which the annuitant would have been eligible if a member of the state retirement system, exceeds one hundred five dollars ($105).

        History:   L. 1967, ch. 401, § 2; L. 1968, ch. 280, § 1; July 1.

• 72-6782:

        History:   L. 1965, ch. 420, § 26; Repealed, L. 1967, ch. 402, § 1; July 1.

• 72-6783:

        History:   L. 1965, ch. 420, § 27; L. 1965, ch. 410, § 29; Repealed, L. 1968, ch. 59, § 45; July 1.

• 72-6784:

        History:   L. 1965, ch. 420, § 28; Repealed, L. 1970, ch. 279, § 1; July 1.

• 72-6785, 72-6786:

        History:   L. 1965, ch. 410, §§ 1, 2; Repealed, L. 1970, ch. 279, § 1; July 1.

• 72-6787:

        History:   L. 1965, ch. 410, § 3; Repealed, L. 1968, ch. 59, § 45; July 1.

• 72-6788:

        History:   L. 1965, ch. 410, § 4; Repealed, L. 1970, ch. 279, § 1; July 1.

• 72-6789:

        History:   L. 1965, ch. 410, § 5; L. 1967, ch. 403, § 2; Repealed, L. 1969, ch. 336, § 9; April 25.

• 72-6789a:

        History:   L. 1967, ch. 403, § 1; Repealed, L. 1970, ch. 279, § 1; July 1.

• 72-6789b: Name and style of district; application of laws. The name and style of every unified school district established under this act shall be "unified school district No. ____, __________ county, state of Kansas," and all laws applicable uniformly to unified school districts established under the school unification acts shall apply to unified school districts established under this act: Provided, however, The provisions of K.S.A. 72-6756 shall not apply to such districts established under this act.

        History:   L. 1967, ch. 403, § 3; May 2.

• 72-6790:

        History:   L. 1965, ch. 410, § 7; Repealed, L. 1970, ch. 279, § 1; July 1.

• 72-6791:

        History:   L. 1965, ch. 410, § 8; L. 1967, ch. 404, § 1; Repealed, L. 1970, ch. 279, § 1; July 1.

• 72-6792:

        History:   L. 1965, ch. 410, § 9; L. 1967, ch. 405, § 1; Repealed, L. 1970, ch. 279, § 1; July 1.

• 72-6793: Validating certain unified school districts. The orders of the state superintendent of public instruction issued after unified district No. 449 of Leavenworth county and before February 23, 1965, headed "order organizing unified school districts and disorganizing nonunified school districts" are hereby declared to be operative and effective to the extent and at the time specified in such orders except as may be otherwise specifically provided in any of the school unification acts. The above orders of the state superintendent hereby validated are made in substantially the form set out in section 2 of the second unification act, and the same are filed in the office of the state superintendent of public instruction. 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. 450 of Shawnee county; No. 451 of Nemaha county; No. 452 of Stanton county; No. 453 of Leavenworth county; Nos. 454 and 456 of Osage county; No. 455 of Republic county; and No. 457 of Finney county.

        History:   L. 1965, ch. 410; § 10; May 17.

• 72-6794: Same; district 458 and following. The orders of the state superintendent of public instruction issued after unified district No. 457 of Finney county and before the effective date of this act headed "order organizing unified school districts and disorganizing nonunified school districts" are hereby declared to be operative and effective to the extent and at the times specified in such orders except as may be otherwise specifically provided in any of the unification acts. The orders of the state superintendent hereby validated are made in substantially the following form and the same are filed in the office of the state superintendent of public instruction:

  Form 120B
  

  STATE OF KANSAS DEPARTMENT OF PUBLIC INSTRUCTION
  Adel F. Throckmorton, Superintendent Topeka, Kansas
  

  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.
  

  Part A
  

        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

  ---

  .
  Part B
  

        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.

• 72-6797, 72-6798:

        History:   L. 1965, ch. 410, §§ 19, 20; Repealed, L. 1968, ch. 59, § 45; July 1.

• 72-67,100:

        History:   L. 1965, ch. 410, § 22; Repealed, L. 1968, ch. 59, § 45; July 1.

• 72-67,102:

        History:   L. 1965, ch. 410, § 24; Repealed, L. 1968, ch. 59, § 45; July 1.

• 72-67,104, 72-67,105:

        History:   L. 1965, ch. 410, §§ 26, 27; Repealed, L. 1968, ch. 59, § 45; July 1.

• 72-67,106: Interim taxation and budget. (a) No in-school district (and no disorganized district having an annual meeting and which disorganized district is entirely within a unified district of which the effective date for all purposes has been advanced to July 1, 1965) shall adopt any budget in the year 1965. No disorganized district shall adopt any budget in the year 1966. The board of any unified district having an effective date of July 1, 1965, shall adopt a budget in the year 1965 and years thereafter. The board of any unified district having an effective date for all purposes of July 1, 1966, shall adopt a budget in the year 1966 and years thereafter.

        (b)   Boards of city unified districts shall budget and certify tax levies for payment of bond service of bonds of the disorganized district of the board of education of the city of the first or second class the territory of which is within such city unified district; such levies shall be made only upon the territory subject thereto under the provisions of K.S.A. 10-119. The county clerk of each county in which there is located an in-school district shall levy a tax to pay the bond service of bonds of the in-school district (if any bonds of such district be outstanding) in the year 1965 in the manner provided in subsection (c) of this section.

        (c)   The county clerk of the county in which the main school building of any disorganized district (except those specified in the first sentence of subsection (b) of this section) shall determine and levy a tax on the territory of such disorganized district sufficient to pay the annual bond service on any outstanding bonds of such disorganized districts in the year 1966 and in years thereafter. In the event that a part of the territory of a disorganized district extends into any other county, the county clerk making such levy shall certify to the county clerk of such other county the appropriate levy to be made upon the territory of such disorganized district in such other county. Any county clerk receiving such a certification shall make the levy as certified to him, and upon collection of taxes therefrom, the same shall be transferred to the county clerks to whom levies were certified to the county treasurer certifying such levy. The county clerk making the certification shall make payment of the bond service as provided by K.S.A. 10-119.

        (d)   In the event that the tax levy or payment of any bond service of outstanding bonds of any disorganized district is not properly and promptly made as provided by law, the officers charged by this section or the officers charged by K.S.A. 10-119, or if they be different officers, then any or all of such officers, may be compelled by mandamus at the instance of the holders of such bonds to levy such tax and make payment of the bond service. The term "bond service" as used in this section shall include installment of principal and interest and any other amount required to meet the obligation of any such bonds promptly and completely.

        History:   L. 1965, ch. 410, § 30; May 17.

• 72-67,109:

        History:   L. 1965, ch. 410, § 34; Repealed, L. 2001, ch. 8, § 1; July 1.

• 72-67,110:

        History:   L. 1965, ch. 410, § 35; L. 1968, ch. 59, § 42; Repealed, L. 1970, ch. 279, § 1; July 1.

• 72-67,111:

        History:   L. 1965, ch. 410, § 36; Repealed, L. 1968, ch. 59, § 45; July 1.

• 72-67,113:

        History:   L. 1965, ch. 410, § 38; Repealed, L. 1970, ch. 279, § 1; July 1.

• 72-67,114:

        History:   L. 1965, ch. 410, § 40; Repealed, L. 1968, ch. 59, § 45; July 1.

• 72-67,115: Preschool programs; interlocal agreements; contracts to provide programs; fees. (a) The board of education of any school district may:

        (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.

• 72-67,116:

        History:   L. 1965, ch. 410, § 43; Repealed, L. 1968, ch. 401, § 14; July 1.

• 72-67,117, 72-67,118:

        History:   L. 1965, ch. 410, §§ 45, 46; Repealed, L. 1970, ch. 279, § 1; July 1.