(b) Members of the state board of education shall be elected as provided
by law, except that vacancies occurring on the board shall be filled by
appointment under the conditions herein specified.
(c) The state board of education shall have the powers that it is
specified to have in the constitution as such powers are more specifically
described and defined by law.
72-7504: Vacancies on state board; how filled; when
vacancy occurs.
(a) Whenever a vacancy occurs in any board member
position, such
vacancy shall be filled in the manner provided in K.S.A.
25-3902a, and amendments thereto.
(b) A vacancy occurs in a board member position
under any of the
following circumstances:
(1) Death of a board member, on the date of death.
(2) Removal of a board member, on the date the removal order is final,
or if appealed to the court, on the date the court action becomes final.
(3) By written notice of resignation of a member filed with the state
board, on
the date specified in the notice of resignation, which shall be not
later than 60 days after such notice of resignation is
filed. The member resigning from the board also shall send a copy of the
notice of resignation to the secretary of state.
(c) In the event that any board member changes residence
outside of the district from which elected, such member
promptly shall resign from the state board. If such
a member fails
to resign
such member shall be subject to removal from office as
provided by law. Any
redistricting of board member districts which results in a board member
residing outside of the board member district shall
not be grounds
for removal and shall not disqualify such member from service on the state
board for the remainder of the term for which the
member was elected or
appointed.
History: L. 1968, ch. 269, § 4; L. 1970, ch. 138, § 1; L. 1972, ch. 131, § 9;
L. 1975, ch. 217, § 1;
L. 1999, ch. 64, § 4; July 1.
72-7505: Abolition of office of state superintendent of public
instruction; continuation of contracts.
The office of state superintendent of public instruction is hereby
abolished at 10:00 o'clock a.m. on January 14, 1969. Any contract,
agreement or assurance entered into after the effective date of this act by
the state superintendent of public instruction shall be subject to
amendment, termination or revocation by the state board established under
this act at any time after January 13, 1969, and unless so changed shall
remain in full force and effect without necessity of ratification or any
other action by the state board of education.
History: L. 1968, ch. 269, § 8; April 30.
72-7506: Meetings of state board; commencement of powers and duties.
(a) The initial meeting of the state board shall be on the second
Tuesday in January of 1969 in the office of the secretary of state in the
state capitol building, and such meeting shall commence at 10:00 o'clock
a.m. The initial meeting of the state board may be recessed and moved to
another meeting place by common consent of the members.
(b) Meetings of the state board subsequent to its initial meeting shall
be held and conducted as provided in this act.
(c) Commencing at the time of the initial meeting of the state board,
the powers, authorities, duties and responsibilities conferred and imposed
upon the state board by this act shall be operative and effective.
History: L. 1968, ch. 269, § 9; April 30.
72-7507: State board of education; meetings, regular, special,
adjourned; offical actions at official meetings only.
(a) The state board shall meet at least once each month. At some time
during the month of January of each year the board shall adopt a resolution
specifying a regular meeting time of the board and such resolution shall
specify the regular hour of commencement of the meeting, as well as the day
of the week and the week of the month. Such resolution shall also provide
that if the regular meeting date occurs on a Sunday or on a legal holiday
or on a holiday specified by the board, such regular meeting shall be held
on the following day commencing at the same hour. The state board may
provide by resolution for (1) additional regular meetings, (2) special
meetings, or (3) recessed or adjourned meetings.
(b) All official actions of the state board shall be taken at official
meetings open to the public.
History: L. 1968, ch. 269, § 10; L. 1975, ch. 380,
§ 1; July 1.
72-7508: Annual election of officers; appointment of secretary; board
minutes.
At its initial meeting and at its first meeting after the second Monday
in January of each odd-numbered year, the state board shall organize by
election of a chairman, vice-chairman and such other officers as it may
deem appropriate. The state board shall appoint a secretary not a member of
the board. The secretary shall provide for a means of recording the actions
of the state board and shall officially certify the minutes of each meeting
of the state board.
History: L. 1968, ch. 269, § 11; April 30.
72-7509: Quorum; number of votes for official action; record vote.
A quorum of the state board shall be six (6) members and no meeting
shall commence until a quorum is present, but any number of members less
than a quorum may recess a meeting to a later time. Official actions of the
state board shall be adopted by a favorable vote of six (6) or more
members. A record vote shall be taken and made a part of their public
record.
History: L. 1968, ch. 269, § 12; April 30.
72-7510: Official certifications.
The state board shall provide a seal which shall be used in making
official certifications by the commissioner or secretary.
Any certification which may be made by the commissioner or secretary may
be made with the same force and verity by any assistant commissioner
designated by the commissioner for such purpose.
History: L. 1968, ch. 269, § 13; April 30.
72-7511:
History: L. 1968, ch. 269, § 14; Repealed, L. 1972, ch. 275, §
2; July 1.
72-7511a: State board of education; meetings; compensation and expenses.
The state board of education may authorize members thereof to
attend in-state meetings for participation in matters of educational
interest to the state of Kansas, and when attending a meeting so
authorized, members shall receive compensation and travel expenses
and subsistence expenses or allowances as provided in K.S.A. 75-3212 for
members of the legislature. Whenever under any provision of
law, a member of the state board of education is authorized to attend an
out-of-state meeting, or whenever the state board of education
authorizes one of its members to attend an out-of-state meeting for
participation in matters of educational interest to the state of Kansas
such members, when attending a meeting so authorized, shall receive
compensation and travel expenses
and subsistence expenses as provided in K.S.A. 75-3212 for
members of the legislature.
History: L. 1972, ch. 275, § 1; L. 1974, ch. 348, § 41; L.
1975, ch. 380, § 2; L. 1976, ch. 319, § 1; L. 1981, ch. 289, § 1; July 1.
72-7512: Same; attorney; appointment and duties.
The state board may sue in its own name, may be sued and may defend any
action brought against it or against any of its members who are sued in
situations relating to and arising out of the performance of their official
duties. The state board shall appoint an attorney to represent it or any of
its members in all litigations. The attorney for the state board shall
attend all meetings of the state board and render such legal services as
are directed by the state board or the commissioner.
History: L. 1968, ch. 269, § 20; L. 1975, ch. 381,
§ 1; April 29.
72-7513: General powers of state board.
In general, but not by way of limitation, consonant with other
applicable statutory provisions, the state board of education shall:
(a) Adopt and maintain standards, criteria, guidelines or rules and
regulations for the following:
(1) School libraries and other educational materials with the exception
of textbooks;
(2) courses of study and curriculum;
(3) accreditation of schools including
elementary and secondary, public and nonpublic;
(4) certification of administrators, teachers, counselors, school nurses
and supervisors of school districts and of the state department of
education and of teachers and administrators of nonpublic schools;
and
(b) administer the laws of this state concerning the matters named in
this section and all other matters relating to general supervision
of
the public schools and institutions under supervision of the state board of
education.
History: L. 1968, ch. 327, § 1; L. 1974, ch.
315, § 1; L. 1975, ch. 380, § 3;
L. 2001, ch. 65, § 1; July 1.
72-7514: Rules and regulations; authorization to adopt.
The state board is hereby authorized to adopt rules and regulations not
in conflict with law on any and all matters within its jurisdiction, except
as is otherwise specifically provided by law.
History: L. 1968, ch. 269, § 28; April 30.
72-7514a:
History: L. 1969, ch. 350, § 1;
Repealed, L. 2003, ch. 17, § 2; July 1.
72-7514b: Rules and regulations.
Every rule and regulation which is adopted by the state board of
education
whether pursuant to statutory authority of the board or
pursuant to authority granted to the board under section 2 of article 6
of the constitution of the state of Kansas, shall be adopted and
filed by the board
in the manner provided by the rules and regulations filing
act.
History: L. 1982, ch. 307, § 1;
L. 1988, ch. 366, § 20;
L. 2003, ch. 17, § 1; July 1.
72-7515: Availability of local school records to state board.
All books, records and papers of the board of education or other
governing body of each school district, community junior college, area
vocational-technical school, or technical institute shall, at all
reasonable times, be opened for and available to the state board and its
designated officers, employees and agents.
History: L. 1957, ch. 405, § 1; L. 1968, ch. 82, § 1; July 1.
72-7516: Same; "state board" defined.
"State board" means the constitutional state board of education.
History: L. 1968, ch. 82, § 2; July 1.
72-7517:
History: L. 1968, ch. 269, § 30; Repealed, L. 1969, ch. 310, §
66; July 1.
72-7518: Gifts and bequests; expenditure and supervision.
The state board of education may receive and expend, or supervise the
expenditure of, any donation, gift, grant or bequest made to the state
board of education for furthering any phase of education.
History: L. 1969, ch. 349, § 1; April 28.
72-7518a: Gifts and bequests to state board or institutions
thereunder; supervision; expenditure; school districts and community-junior
colleges excepted.
(a) The state board of education, or any institution under the
jurisdiction of the state board, with the approval thereof, may
apply for, accept and receive any private
donation, gift,
grant or bequest made for any purpose related to the operation or function
of such board or institution. Such board or institution may hold,
administer and expend any such gift, grant or bequest in accordance with
any terms or conditions imposed by the donor.
(b) The provisions of subsection (a) do
not apply to
any school district.
History: L. 1974, ch. 323, § 1;
L. 1999, ch. 147, § 127; July 1.
72-7518b: State school for the blind; special bequest fund.
Whenever
there is provision
in any statute, contract or other document for moneys to be deposited in,
credited to or accepted for the benefit of the scholarship fund for the
blind, or words of like effect, such moneys shall be paid to the state
treasurer
and deposited in the state treasury and credited to the special bequest
fund of the state school for the blind.
History: L. 1977, ch. 311, § 1;
L. 1992, ch. 139, § 10; July 1.
72-7519: Hearing officers for state board; appointment; purpose; limitations.
(a) For the purpose of hearing any appeal, case or other matter of any kind
whatsoever required by law to be determined or heard and determined by the state
board of education, the state board of
education may appoint one or more hearing officers. Any such hearing
officer shall be an officer or employee of the state department of
education. Any such appointment shall apply to a particular hearing or to a
set or class of hearings as specified by the state board of education in
making such appointment.
(b) To the extent that the provisions of this section conflict with
the provisions of any other law, the provisions of such other law shall control.
(c) The provisions of this section shall not operate or be construed
in any manner so as to authorize the substitution of hearing by a hearing
officer in lieu of hearing by the professional practices commission
provided for by K.S.A. 72-8506, and amendments thereto.
History: L. 1971, ch. 231, § 1;
L. 1987, ch. 276, § 2; July 1.
72-7520: Same; initial order; review by state board.
Whenever a hearing officer appointed under authority of
K.S.A. 72-7519, and amendments thereto, hears
any appeal, case or other matter, the hearing officer,
after hearing the same, shall render an initial order which shall be
subject to review by the state board of education. Any matter
determined by the state board of education in accordance with this section
shall be valid to the same extent as if the matter were fully heard by the
state board of education without a hearing officer.
History: L. 1971, ch. 231, § 2;
L. 1987, ch. 276, § 3;
L. 1988, ch. 356, § 282; L. 1989, ch. 283, § 16; July 1.
72-7521:
History: L. 1971, ch. 231, § 3; Repealed, L. 1987, ch. 276, § 4; July 1.
72-7523: Conveyance of certain real estate situated in Ottawa county
to U. S. department of health, education and welfare authorized.
The state board of education is hereby authorized to release, remit and
remise by quit claim deed to the department of health, education and
welfare of the United States of America, real estate situated in the county
of Ottawa, state of Kansas, described as follows:
Tract No. S-1-100:
The West 800 feet of the East 1,707 feet of the South 1000 feet of the
North 1940 feet of the Northeast quarter of section 16, township 11, South,
range 2, west of the sixth principal meridian, Ottawa county, Kansas,
containing 18.37 acres, more or less.
Tract No. S-1-100E:
Permanent access road easement. The West 100 feet of the East 1,526 feet
of the North 940 feet of the Northeast quarter of section 16, township 11,
South, range 2, west of the sixth principal meridian, Ottawa county,
Kansas, containing 2.16 acres, more or less; together with the improvements
thereon.
All of the above real estate and property approximating 20.53 acres of
land is identified as Atlas "F" missile site No. 1 located near Bennington,
Kansas.
History: L. 1974, ch. 288, § 1; July 1.
72-7524: Same; conditions; reasons.
The instrument of conveyance quit claiming, releasing and remising the
real estate described in K.S.A. 72-7523 shall be
executed in the name of the state board of education by its chairman.
Said state board shall execute the quit claim deed for the reason that
such real estate is no longer needed or used for educational purposes
which existed on the 25th day of March, 1969, on which date the United
States of America, grantor, conveyed such real estate and appurtenances
to the state board of education of the state of Kansas.
History: L. 1974, ch. 288, § 2; July 1.
72-7525: Conveyance of certain real estate situated in Saline
county to U.S. department of health, education and welfare authorized.
The state board of education is hereby authorized to release, remit and
remise by quit claim deed to the department of health, education and
welfare of the United States of America, real estate situated in the
county of Saline, state of Kansas, described as follows:
A tract of land identified as part 5B of block 5 lying in the NE/4 of
S3, T15S, R3W of the 6th principal meridian in the Schilling subdivision
of Saline county, Kansas; more particularly described as follows:
Commencing at the northwest corner of the NE/4 of S3, T15S, R3W;
thence S 89°53'24" E a distance of 1349.16 feet; thence S
00°06'24" E a distance of 55.38 feet; thence S
89°53'36" W a distance of 40.00 feet to the true point of
beginning, said point of beginning being the northeast corner of block 5B;
thence S 00°06'24" E a distance of 647.00 feet to the southeast
corner of block 5B; thence S 89°53'36" W a distance of 650.00
feet to the southwest corner of block 5B; thence N 00°06'24"
W a distance of 647.00 feet to the northwest corner of block 5B; thence N
89°53'36" E a distance of 650.00 feet to the true point of
beginning.
A tract of land, identified as block 11, lying in SE/4 of S34, T14S,
R3W of the 6th principal meridian in the Schilling subdivision of Saline
county, Kansas; more particularly described as follows:
Commencing at the northwest corner of the SE/4 of S34, T14S, R3W;
thence S 89°50'10" E a distance of 1338.65 feet; thence S
00°06'24" E a distance of 426.08 feet; thence S
89°53'36" W a distance of 40.00 feet to the true point of
beginning, said point of beginning being the northeast corner of block 11;
thence S 00°06'24" E a distance of 681.00 feet to the southeast
corner of block 11; thence S 89°53'36" W a distance of 1040.00
feet to the southwest corner of block 11; thence N 00°06'24" W
a distance of 278.00 feet; thence N 89°53'36" E a distance of
460.00 feet; thence N 00°06'24" W a distance of 403.00 feet;
thence N 89°53'36" E a distance of 580.00 feet to the true
point of beginning.
A tract of land identified as block 12 lying in the SE/4 of S34,
T14S, R3W of the 6th principal meridian in the Schilling subdivision of
Saline county, Kansas; more particularly described as follows:
Commencing at the northwest corner of the SE/4 of S 34, T14S, R3W;
thence S 89°50'10" E a distance of 1338.65 feet; thence S
00°06'24" E a distance of 426.08 feet; thence N
89°53'36" E a distance of 40.00 feet to the true point of
beginning, said point of beginning being the northwest corner of block 12;
thence N 89°53'36" E a distance of 751.00 feet to the northeast
corner of block 12; thence S 00°06'24" E a distance of 681.00
feet to the southeast corner of block 12; thence S 89°53'36" W
a distance of 751.00 feet to the southwest corner of block 12; thence N
00°06'24" W a distance of 681.00 feet to the true point of
beginning.
Together with improvements on all of the above described real estate.
History: L. 1974, ch. 297, § 1; July 1.
72-7526: Same; conditions; reasons.
The instruments of conveyance quit claiming, releasing and remising the
real estate described in K.S.A. 72-7525 shall be
executed in the name of the state board of education by its chairman.
Said state board shall execute the quit claim deed for the reason that
such real estate is no longer needed or used for educational purposes
which existed on November 15, 1966, on which date the United States of
America, grantor, conveyed such real estate and appurtenances to the
state educational authority of the state of Kansas, grantee, for the
exclusive use of Schilling institute (now Kansas technical institute).
History: L. 1974, ch. 297, § 2; July 1.
72-7527: Computerized information search services; certain contracts
authorized; fee schedule.
The state board of education may provide by contracts with any state
agency or institution, any board of trustees of a community junior college,
any board of education of a school district and the governing authority of
any nonpublic school for computerized information search services. Such
services shall include, but not be limited to, computer generated
bibliographies and manual searches of educational indices, microfiche
reproduction and hard copy of documents from the educational resources
information center collection. The state board of education shall establish
an appropriate fee schedule for providing such services.
History: L. 1974, ch. 285, § 1; July 1.
72-7528: Same; establishment of fee fund; sources expenditures.
The state board of education shall remit all moneys received by or for
it under any contract entered into under the provisions of this act or from
any grants from the federal government or any unit or agency thereof to the
state treasurer in accordance with the provisions of
K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
remittance, the
state treasurer shall deposit the entire amount in the state
treasury to the credit of the
computerized information
search services fee fund, which fund is hereby established. All
expenditures from the computerized information search services fee fund
shall be made in accordance with appropriation acts upon warrants of the
director of accounts and reports issued pursuant to vouchers approved by
the state board of education or by a person or persons designated by it.
History: L. 1974, ch. 285, § 2;
L. 2001, ch. 5, § 294; July 1.
72-7529, 72-7530:
History: L. 1974, ch. 279, §§ 1, 2;
Repealed, L. 1977, ch. 254, § 1; July 1.
72-7531: Design and operation of school buses; powers, duties and
functions of state board; custody of records; rules and regulations.
(a) For the purpose of regulating the design and operation
of school buses, whenever the secretary of transportation, or words of like
effect, is referred to or designated by a statute, contract or other document,
such reference or designation shall be deemed to apply to the state board of
education.
(b) On the effective date of this act, the state board of education shall
succeed to the custody and control of all records which were used for or
pertain to the performance of powers, duties and functions imposed and
conferred
on the secretary of transportation under the provisions of this act. Any
conflict as to the proper disposition of such records arising under this
section, and resulting from the transfer of the powers, duties and functions of
the secretary of transportation to the state board of education shall be
resolved by the governor, whose decision shall be final.
(c) All rules and regulations of the secretary of transportation adopted
pursuant to K.S.A. 8-2009, and amendments thereto, in existence on the
effective date of this act, shall continue to be effective and shall be deemed
to be duly adopted rules and regulations of the state board of education, until
revised, amended, revoked or nullified pursuant to law.
History: L. 1994, ch. 201, § 1; July 1.
72-7532: School bus safety fund.
There is hereby created the school bus
safety fund in the
state treasury which shall be administered by the state board of education. All
expenditures from the school bus safety fund shall be for the purpose of
regulating the design and operation of school buses. All expenditures from the
school bus safety fund shall be made in accordance with appropriation acts upon
warrants of the director of accounts and reports issued pursuant to vouchers
approved by the state board of education or by the board's designee.
History: L. 1994, ch. 201, § 2;
L. 1995, ch. 78, § 1; July 1.
72-7533: School district organization; comprehensive
study and plan; report to education committees of legislature.
(a) The state board of
education shall undertake a comprehensive study of
the organization of school districts in this state to determine if the public
school system could be more efficiently and effectively operated under a
different configuration.
In making the study of school
district
organization, the state board of education shall: (1) Review grade level and
school district enrollment and projected enrollment, pupil transportation
requirements
including the distances pupils must travel to attend the schools of a district
and the proximity of schools in adjoining districts with respect to pupils
having lengthy bus commutes, the capacity and condition of existing school
facilities in each district, communities of interest in matters such as
commerce and tradition, property tax bases of districts, and other matters
deemed appropriate to the study; (2) determine and document the existence of
problems with
respect to matters reviewed and provide suggestions for solution or alleviation
of such problems; (3) envision a configuration of school districts that would
serve the needs of Kansas children, Kansas taxpayers, and Kansas society in the
most efficient and effective manner attainable and design a comprehensive plan
for
attainment of such optimal configuration; (4) formulate recommendations for
actualization of the comprehensive plan for attainment of the optimal school
district
configuration and for legislation deemed necessary for actualization of the
plan; and (5) present findings of the study, the comprehensive plan for
attainment
of the optimal school district configuration, and
recommendations with respect to actualization of the plan to the
committee on education of the house of representatives and
the committee on education of the senate on or before
January 15, 2001.
(b) The state board of education
may establish advisory committees and secure consultant services for
assistance in performing the duties imposed in the foregoing
subsection.
History: L. 1999, ch. 165, § 10; May 20.
72-7534: Basic reading skills; mastery program;
report to legislature.
(a) The state board of education shall prepare a strategy
for
identifying, developing, and implementing a mastery of basic reading skills
program in
kindergarten and each of grades one through three of school districts
based upon the goal of mastery of basic reading skills by pupils upon
completion of the third
grade. In carrying out this directive, the state board shall:
(1) Identify state standards and outcomes of mastery of basic reading skills
in
kindergarten and each of grades
one through three;
(2) prepare a plan for monitoring the progress of pupils in kindergarten and
at each applicable grade level
in achieving mastery of basic reading skills; and
(3) specify the means to be used for determining mastery of basic reading
skills
by each pupil upon completion of grade three.
(b) The state board's strategy shall include a component for requiring school
districts to provide interventions for pupils who are not making satisfactory
progress toward mastering basic reading skills such as, but not limited to, a
restructured school day, additional school days, summer school, or
individualized instruction.
(c) The state board of education shall report to the 2001 legislature a
strategy and proposed plan for implementing the mastery of basic reading skills
program
with development of standards during the 2001-02 school year and commencement
of the
plan in the 2002-03 school year. The state board report to the 2001 legislature
shall include estimates of the cost to the state of implementing the
program.
History: L. 2000, ch. 138, § 9; July 1.
72-7535: Personal financial literacy programs;
development and implementation.
(a) In order to equip students with the knowledge and skills
needed to become self-supporting and to enable students to make critical
decisions regarding personal finances, the state board of education shall
authorize and assist in the implementation of programs on teaching personal
financial literacy. The components of personal financial literacy covered in
the program shall include, but not be limited to, consumer financial education,
personal finance and personal credit.
(b) The state board of education shall develop a curriculum, materials and
guidelines that local boards of education
and
governing authorities of accredited nonpublic schools
may use in implementing the program
of
instruction on personal financial literacy.
(c) The state board of education shall develop standards and objectives for
personal financial literacy, for all grade levels, within the existing
mathematics curriculum or another appropriate subject-matter curriculum.
(d) The state board of education shall encourage school districts when
selecting textbooks for mathematics, economics or similar courses, to select
those textbooks which contain substantive provisions on personal finance,
including personal budgeting, credit, debt management and similar personal
financial topics.
History: L. 2003, ch. 39, § 1; July 1.
72-7536: School district internet-based data
reporting system.
(a) The purpose of this section is to allow any
person desiring to obtain, analyze and
compare financial and performance data of school districts the ability to do
so.
(b) On or before December 31, 2005, the state board of education shall
design and
implement a uniform system of reporting of such data by school districts. Such
system shall be an
internet-based data reporting system which is freely available and accessible.
Such system shall allow a person to search and manipulate the data and allow
for the comparison of data on a district
by district basis. Such system may be designed so that school districts may
input directly the district's
financial and performance data in lieu of reporting data to the state board.
History: L. 2005, ch. 152, § 2; L. 2005, ch. 2, § 14
(Special Session); July 28.
72-7537: Task force; study feasibility of conducting
a check of KBI registered offender internet site prior to permitting certain
persons on school grounds; report to the legislature.
The Kansas board of education shall appoint a task force
to study the
feasibility of requiring all
Kansas school districts to adopt district policies mandating all schools
conduct a check of the
internet site maintained by the Kansas bureau of investigation concerning
registered offenders
prior to permitting any unescorted, noninstructional personnel, including but
not limited to, any
vendor or entity
under contract with the school board, to be on school grounds while students
are
present. The task
force's study shall be completed and the task force shall submit a report
containing its findings
and recommendations to the Kansas board of education, the speaker of the
house of representatives and the
president of the senate on or before January 1, 2007.
History: L. 2006, ch. 212, § 6; July 1.