Kansas Statutes

Chapter 72: Schools

Article 71: Transfer Of School District Territory

Statutes:

• 72-7101: Definitions.
• 72-7102: Adjustment of property rights and claims.
• 72-7103: Effective dates of school territory transfers; various purposes.
• 72-7103a: Voting rights when property transferred; tax liability upon transfer.
• 72-7103b: Qualifications of candidates for elective office upon transfer.
• 72-7104: Receiving district takes property in territory transferred; assumption of bond debt; tax levy.
• 72-7105: Agreements to adjust claims.
• 72-7105a: Payments to defray cost of education of transferred pupils; determination by state board of education; appeals.
• 72-7106: Litigation of claims; judgments.
• 72-7107: Same; judgments; tax levy, use of proceeds.
• 72-7108: Authorization to transfer school territory; agreement of boards of education; petition by one board; approval by state board; criteria to be considered; procedure; limitations. [See Revisor's Note]
• 72-7108a:
• 72-7109: Official school district boundaries; certification to county officers.
• 72-7110: Amendatory and supplementary orders of state board; district organization; territory transfers; boundary descriptions.
• 72-7111:
• 72-7112:
• 72-7113: Transfer of territory; mediation process.

• 72-7101: Definitions. As used in this act, unless the context otherwise requires:

        (a)   "District" means any school district except a community junior college;

        (b)   "Board" and "board of education," mean the board of education or other governing body of a district;

        (c)   "Receiving district," means a school district receiving territory by transfer thereof from another school district;

        (d)   "Giving district," means a school district from which school territory is transferred to another school district;

        (e)   "State board," means the state board of education created by article 6 of the constitution of Kansas.

        History:   L. 1967, ch. 368, § 1; July 1.

• 72-7102: Adjustment of property rights and claims. Whenever any territory of a school district is transferred to another school district, the property rights and claims between such school districts shall be adjusted as provided in this act.

        History:   L. 1967, ch. 368, § 2; July 1.

• 72-7103: Effective dates of school territory transfers; various purposes. All transfers of school territory shall be effective on the June 1 following the date of such transfer, except as otherwise provided by this act. (a) The territory transferred and the taxable tangible property therein shall be subject to taxes levied, except for bonds and other indebtedness incurred theretofore, by the receiving district as of the last day of December of the year preceding such first day of June, and (b) for election purposes the transfer of school territory shall be effective on the date specified in the transfer order of the state board of education.

        History:   L. 1967, ch. 368, § 3; L. 1968, ch. 126, § 1; March 23.

• 72-7103a: Voting rights when property transferred; tax liability upon transfer. (a) When a transfer of school territory is effective for election purposes as provided in K.S.A. 72-7103, electors residing in the territory transferred shall be entitled to vote, if otherwise qualified, in elections of the receiving district and may not vote in elections of the giving district.

        (b)   For the purpose of determining tax liability for bonds issued or other indebtedness incurred under the provisions of K.S.A. 10-119, the effective date of the transfer of school territory for bonds issued or other indebtedness incurred shall be the same as the effective date for election purposes as provided in subsection (a) of this section. Residents of the territory transferred shall be liable for bonds issued and other indebtedness incurred by the receiving district on such date or thereafter. Residents of the territory transferred shall not be liable for bonds issued and other indebtedness incurred by the giving district on or after such date.

        History:   L. 1968, ch. 126, § 2; March 23.

• 72-7103b: Qualifications of candidates for elective office upon transfer. When a transfer of school territory is effective for election purposes as provided in K.S.A. 72-7103, any elector residing in the territory transferred shall be entitled to be a candidate for and hold office in the receiving district but shall be disqualified to be a candidate or hold office in the giving district.

        History:   L. 1968, ch. 126, § 3; March 23.

• 72-7104: Receiving district takes property in territory transferred; assumption of bond debt; tax levy. On the effective date of any transfer of school territory, the right to possession of and the title to all school buildings, furnishings, and school tangible personal property located in the territory transferred shall vest in the receiving district, and the receiving district shall assume payment of the unpaid bonded indebtedness incurred prior to the transfer in acquiring the school property and in acquiring, constructing and furnishing the school buildings located within its new territorial limits, except the giving district shall remain solely liable for and shall make the principal and interest payments on such bonds which are due or may become due on or before the December 1 following the effective date of this transfer. It shall be the duty of the board of education of the receiving district to make the levy for the annual payment of principal and interest on all such bonds maturing after December 1 following the effective date of transfer, but the original territory on which such bonded indebtedness was imposed as a primary liability shall retain liability for payment of such bonds in the event of the failure of the receiving district to make such levy. The giving district or its successor may recover a judgment against the receiving district for any payments so made. The unpaid bonded indebtedness assumed under this section shall not be counted in arriving at any limitation on bonded indebtedness of either the giving or the receiving district.

        History:   L. 1967, ch. 368, § 4; July 1.

• 72-7105: Agreements to adjust claims. The boards of education of the receiving district and of the giving district may enter into a written agreement, which shall include the provisions of K.S.A. 72-7104 and K.S.A. 72-7105a, and may further provide for an adjustment of the claims of the respective school districts. Such agreement may also provide for the disposition to be made of movable personal property and may determine the amount due from one district to the other. No such agreement shall be valid or effective until a copy thereof has been filed with the state board and approved in writing by it.

        History:   L. 1967, ch. 368, § 5; L. 1972, ch. 273, § 1; July 1.

• 72-7105a: Payments to defray cost of education of transferred pupils; determination by state board of education; appeals. Whenever any transfer order issued under the authority of K.S.A. 72-7108 shall provide for the transfer of territory in excess of one square mile, or any territory which includes a building that is an attendance center, the state board of education shall include in any such order, a provision establishing an amount which the giving district shall pay to the receiving district to defray the cost of education applicable to the pupils in such transferred territory during the first six months of the school year next following the date on which transfer order is made. The state board of education shall determine the amount of tax revenue which is on hand or in process of collection, and the amount of any other revenue which has been, or will be available to the giving district for the purpose specified in this section and make its order according thereto. Within ninety (90) days after the date upon which the transfer is effective the payment provided to be made under this section shall be made. Any order made pursuant to the provisions of this section shall be subject to the appeal provisions of K.S.A. 72-7106. Words and terms defined in K.S.A. 72-7101 shall have the meaning when used in this act as is ascribed thereto in said K.S.A. 72-7101.

        History:   L. 1972, ch. 273, § 2; July 1.

• 72-7106: Litigation of claims; judgments. In the event of a failure or inability of the boards to make an agreement as provided in K.S.A. 72-7105, or if the state board shall disapprove any such agreement, the board of either district or the boards of both districts, either jointly or separately, may file a petition at any time after one year from the effective date of transfer of territory, but in no event sooner than March 1, 1968, in the district court of the county in which the transferred territory, or any part of it, is located, praying for the adjustment of property rights and claims between the school districts.

        The court shall appoint and instruct three (3) competent commissioners who shall: (1) Appraise and determine the fair value, as of the effective date of the transfer of all real and tangible personal property, of the giving district taking into account cost of reproduction less depreciation, original cost less depreciation, obsolescence, market value, and any other factors affecting fair value;

        (2)   determine the amount of all debts, including unpaid bonded indebtedness, of the giving district as of the effective date of this transfer;

        (3)   determine the net value of all assets of the giving district by deducting the total of all items under (2) from the total of all items under (1) above;

        (4)   determine what school property, buildings and furnishings, if any, are located in the territory being transferred;

        (5)   determine the amount due from one district to the other on the basis of the ratio of the assessed valuations on the January 1 preceding the effective date of the transfer of the tangible taxable property in the territory transferred and in the territory of the giving district which is not transferred, taking into account property retained by the giving district and that acquired by the receiving district is the bonded indebtedness assumed by either district.

        The commissioners shall file a written report of their determination of each of the above items in the office of the clerk of the district court. The court shall examine the report and approve it, or after notice to all interested parties, and hearing, may correct or amend the report and approve it as amended, or the court may reject the report and appoint new commissioners to make a new report. Upon the approval by the court of the report of the commissioners or the report of the commissioners as corrected by the court, the court shall enter judgment for the amount found to be due from one board to the other and either party may have the right to appeal from the judgment of the said court to the supreme court in the same manner as in other cases provided by the code of civil procedure. The court in its discretion may make reasonable allowances to the commissioners for the services and tax them to either board or may divide such charges between them. Such charges shall be paid out of the general fund of the district to which they are taxed. Such judgment shall be enforced in the manner provided in the following section.

        History:   L. 1967, ch. 368, § 6; July 1.

• 72-7107: Same; judgments; tax levy, use of proceeds. If a judgment is entered as provided in K.S.A. 72-7106, the clerk of the district court shall certify to the county clerk the amount due from one district to the other. The county clerk shall annually levy a tax of not to exceed two mills upon the taxable tangible property within the territory in the district from which the amount is due for as many years as may be necessary to pay the amount due and for the purpose of paying a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located within the school district, and when said taxes are collected they shall be paid to the treasurer of the district to which it is due. Said tax levies may be in addition to all other tax levies authorized or limited by law and shall not be subject to nor within any tax levy limitation prescribed by law. In lieu of such taxes, the district from which the amount is due may pay the amount due at any time out of its general fund, if said payment has been provided for in its budget.

        History:   L. 1967, ch. 368, § 7; L. 1979, ch. 52, § 179; July 1.

• 72-7108: Authorization to transfer school territory; agreement of boards of education; petition by one board; approval by state board; criteria to be considered; procedure; limitations. [See Revisor's Note] (a) Transfers of territory from one unified district to another unified district shall be made only as follows:

        (1)   Upon the written agreement of any two boards approved by the state board of education; or

        (2)   upon order of the state board after petition therefor by one board and a public hearing thereon conducted by the state board of education.

        (b)   The effective date of any such transfer shall be the date of approval thereof or order therefor issued by the state board of education or the July 1 following.

        (c)   Notice of the public hearing on such a petition shall be given by publication by the state board of education for two consecutive weeks in a newspaper of general circulation in the unified district from which territory is to be transferred, the last publication to be not more than 10 nor less than three days prior to the date of the hearing. The notice shall state the time and place of the hearing and shall give a summary description of the territory proposed to be transferred.

        (d)   Prior to issuing an order, the state board shall consider the following:

        (1)   City boundaries and the area within three miles surrounding any city with more than one district in the area;

        (2)   available capacity of districts involved in the territory transfer to serve existing or additional students;

        (3)   condition and age of buildings and physical plant;

        (4)   overall costs including renovation of existing buildings versus construction;

        (5)   cost of bussing;

        (6)   food service;

        (7)   administration and teachers;

        (8)   areas of interest including access and distances for parents to travel to participate in student activities;

        (9)   matters of commerce, including regular shopping areas, meeting places, community activities and youth activities;

        (10)   districts that are landlocked with changing demographics that cause declining enrollment; and

        (11)   effect on students living in the area.

        The foregoing shall not be deemed to limit the factors which the state board of education may consider.

        (e)   Within 90 days after receiving an agreement or, if a public hearing is held, within 90 days after the hearing, the state board of education shall issue its order either approving or disapproving such transfer petition or agreement, or approving the same with such amendments as it deems appropriate.

        (f)   Whenever a petition for transfer of territory has been denied by the state board of education, no petition for transfer of substantially the same territory shall be received or considered by the state board of education for a period of two years.

        History:   L. 1963, ch. 393, § 25; L. 1965, ch. 410, § 6; L. 1967, ch. 400, § 1; L. 1968, ch. 394, § 1; L. 1969, ch. 346, § 1; L. 1970, ch. 290, § 1; L. 1988, ch. 356, § 280; L. 1989, ch. 283, § 14; L. 1999, ch. 165, § 13; L. 2002, ch. 167, § 2; July 1.

• 72-7108a:

        History:   L. 1963, ch. 393, § 25; L. 1965, ch. 410, § 6; L. 1967, ch. 400, § 1; L. 1968, ch. 394, § 1; L. 1969, ch. 346, § 1; L. 1970, ch. 290, § 1; L. 1988, ch. 356, § 280; L. 1989, ch. 283, § 14; L. 1999, ch. 165, § 13; L. 2002, ch. 196, § 8; Repealed, L. 2003, ch. 104, § 9; July 1.

• 72-7109: Official school district boundaries; certification to county officers. Once each year, as of the thirty-first day of December, the state board of education shall prepare and issue orders describing the boundaries of school districts which have been altered by land transfer, disorganization or consolidation in such year. Such orders shall include complete descriptions of the boundaries of the school districts as the same exist on the date of issue of such order. On or about the fifteenth day of January the order so issued shall be certified to the county clerk of every county and to the county appraiser and election commissioner of counties having such officers. The territory of school districts as defined, described and constituted as of the date of issue of any such order and of orders defining and describing the boundaries of school districts which have not been altered, which orders were issued under this section prior to its amendment by this act, shall be the official territory and boundaries of the school districts and the same shall remain as so defined and described until changed by an order of the state board of education issued as provided by law.

        History:   L. 1965, ch. 420, § 7; L. 1969, ch. 310, § 53; L. 1978, ch. 298, § 1; July 1.

• 72-7110: Amendatory and supplementary orders of state board; district organization; territory transfers; boundary descriptions. The state board may make and issue amendatory or supplementary orders at any time to correct errors, supply detail, clarify or complete any transfer or organization order heretofore or hereafter made under any of the school unification acts or acts amendatory thereof or K.S.A. 72-7108. Such an order may also be made by the state board as to any boundary description declared under K.S.A. 72-7109.

        History:   L. 1965, ch. 420, § 20; L. 1968, ch. 52, § 1; L. 1978, ch. 298, § 2; July 1.

• 72-7111:

        History:   L. 1968, ch. 52, § 2; Repealed, L. 1969, ch. 310, § 66; July 1.

• 72-7112:

        History:   L. 1963, ch. 391, § 4; L. 1965, ch. 418, § 1; L. 1968, ch. 104, § 1; Repealed, L. 1969, ch. 333, § 2; May 1.

• 72-7113: Transfer of territory; mediation process. (a) The state board, in accordance with this section, shall implement procedures to allow districts to discuss any proposal for the transfer of territory pursuant to K.S.A. 72-7101 et seq., and amendments thereto, through a mediation process.

        (b)   The procedures implemented by the state board shall ensure that any mediation is conducted by a qualified and impartial mediator who is trained in effective mediation techniques. The state board shall maintain a list of individuals who are qualified mediators.

        (c)   Any district proposing a transfer of territory first shall seek an agreement to transfer the territory. If an agreement is not obtained, the proposal for the transfer shall be abandoned or the district seeking the transfer shall file a written request with the state board for the appointment of a mediator.

        (d)   When a request to appoint a mediator is received, the state board shall appoint a mediator and shall notify the school districts of the appointment of the mediator.

        (e)   Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the districts. Each district involved in a proposed transfer of territory shall be required to participate in at least one mediation session. The district requesting the transfer shall bear the cost of the mediation process.

        (f)   If mediation fails to result in an agreement between the districts, a petition for transfer of territory may be submitted to the state board pursuant to K.S.A. 72-7108, and amendments thereto.

        History:   L. 2004, ch. 13, § 1; Apr. 8.