Kansas Statutes

Chapter 72: Schools

Article 87: Consolidation Of School Districts

Statutes:

• 72-8701: Agreements to consolidate authorized.
• 72-8702: Same; required contents.
• 72-8703: Agreements to consolidate school districts; approval by state board; election.
• 72-8704: Election for approval; who entitled to vote; proposition; conduct.
• 72-8705: Order establishing new school district.
• 72-8706: Election of board of education after consolidation.
• 72-8707: Bonded indebtedness assumed, unless otherwise agreed.
• 72-8708: Transfer of assets to new school district; debt liability.
• 72-8709: Consolidated districts; temporary board of education; powers.

• 72-8701: Agreements to consolidate authorized. In accordance with the provisions of this act the boards of education of any two or more school districts are hereby authorized to discuss issues relating to consolidation of such districts and enter into agreements to form one consolidated unified school district. Such meetings may be held within the boundaries of any of the districts proposing to form the consolidated district.

        History:   L. 1969, ch. 336, § 1; L. 1980, ch. 227, § 1; L. 2004, ch. 54, § 1; April 15.

• 72-8702: Same; required contents. Any agreement entered into under authority of this act shall specify the following:

        (a)   The home county of the consolidated unified school district.

        (b)   The date of election for approval thereof.

        (c)   The method of election and voting plan.

        (d)   Describe member districts, if needed.

        (e)   Specify agreement as to the membership of a temporary board of education to serve until a board of education is elected as provided in this act.

        History:   L. 1969, ch. 336, § 2; April 25.

• 72-8703: Agreements to consolidate school districts; approval by state board; election. Agreements to consolidate under authority of this act shall provide that such agreement shall be of no force or effect unless first approved by the state board and is thereafter approved at a special election called for the purpose in the territory which will comprise the consolidated unified school district. The territory which will comprise the consolidated unified school district may be noncontiguous.

        History:   L. 1969, ch. 336, § 3; L. 1999, ch. 165, § 14; May 20.

• 72-8704: Election for approval; who entitled to vote; proposition; conduct. The territory of the consolidated unified school district shall be all of the territory of the school districts being consolidated. The territory of the school districts being consolidated may be noncontiguous. All of the electors residing in the school districts being consolidated shall be entitled to vote at such election. The proposition submitted shall be stated on the ballot and in the notice of election in substantially the following words: "Shall school districts ____________ and ____________ form a consolidated unified school district?" and the blanks shall be filled with the names of each of the school districts being consolidated. The county election officer of the home county of the consolidated unified school district shall conduct the election. Laws applicable to question submitted elections in school districts shall be applicable in the conduct of the elections provided for under this section to the extent that the same are not in conflict herewith.

        History:   L. 1969, ch. 336, § 4; L. 1999, ch. 165, § 15; May 20.

• 72-8705: Order establishing new school district. Before any consolidated unified school district is finally approved under this act, the results of the election shall be certified by the county election officer in accordance with the determination of the county board of canvassers of the home county of the consolidated unified school district to the state board. If such election was favorable to consolidation of the school districts, the state board shall issue an order establishing the unified school district. Such order shall specify the home county of the unified school district, assign a number thereto and describe the boundaries thereof. If the consolidated unified school district is comprised of noncontiguous territory, the order of the state board shall describe such territory.

        History:   L. 1969, ch. 336, § 5; L. 1999, ch. 165, § 16; May 20.

• 72-8706: Election of board of education after consolidation. If the proposition to consolidate is approved as provided in K.S.A. 72-8704, the election of board members at the next following school election shall be by the method of election and voting plan provided in the agreement for the consolidated unified school district, and at such election seven (7) new board members shall be elected. The four (4) candidates receiving the highest number of votes at the general school election shall serve as board members for four-year terms commencing on the July 1 following such election and the three (3) candidates receiving the next highest number of votes shall serve for two-year terms commencing on the July 1 following such election, except where a member-district method of election is in effect in which case persons elected to even-numbered board member positions shall serve for two-year terms commencing on the July 1 following such election and persons elected to odd-numbered member positions shall serve for four-year terms commencing on the July 1 following such election. Thereafter at school elections in odd-numbered years board members shall be elected to serve for four-year terms.

        History:   L. 1969, ch. 336, § 6; April 25.

• 72-8707: Bonded indebtedness assumed, unless otherwise agreed. Upon the consolidation of school districts the consolidated unified school district shall assume and agree to pay all of the bonded indebtedness of the former school districts of which it is comprised, unless the agreement to consolidate provides otherwise as hereinafter provided. Any consolidation agreement entered into under authority of this act may provide that in lieu of the consolidated unified school district assuming the bonded indebtedness of the school districts being disorganized, such bonded indebtedness shall remain a charge upon the territory of the school districts being disorganized. If such agreement provides for bonded indebtedness to remain a charge upon the territory of the school districts being disorganized, the provisions of K.S.A. 10-119 shall apply with the date of the disorganization of such school districts being the date to be used in making such application.

        History:   L. 1969, ch. 336, § 7; April 25.

• 72-8708: Transfer of assets to new school district; debt liability. The assets of the school districts being consolidated shall be transferred to the consolidated unified school district on a day agreed upon in the consolidation agreement but not sooner than the first day of the first month after the election approving such consolidation. The property, records and all funds on hand and to be collected of each of the school districts being consolidated shall be turned over and paid to the consolidated unified school district and shall become the property of the consolidated unified school district, and the consolidated unified school district shall thereupon be entitled to possession thereof. The consolidated unified school district shall thereupon become liable for and pay all lawful debts of the school districts which were consolidated except as may be otherwise provided by the consolidation agreement for bonded indebtedness. It shall be the duty of all county officers and officers of the school districts being consolidated to transfer the funds (including state foundation finance funds and funds collected from state aid, taxes, interests, and penalties subsequent to such consolidation), records and property of the school districts being consolidated in accordance with the provisions of this section and the consolidation agreement. Any county treasurer or school district officer or former officer having in his possession any property, records or funds of any of the school districts being consolidated who shall fail or refuse to turn over such property, records or funds to the consolidated unified school district shall be ordered to do so by the state board.

        History:   L. 1969, ch. 336, § 8; April 25.

• 72-8709: Consolidated districts; temporary board of education; powers. (a) If the proposition to consolidate school districts is approved as provided in K.S.A. 72-8704, and amendments thereto, the temporary board of education specified in the agreement pursuant to K.S.A. 72-8702, and amendments thereto, shall have the power to enter into contracts, adopt resolutions and take other such actions as it deems necessary to provide for the maintenance, finance and operation of the consolidated unified school district. The temporary board shall have the power to recognize a professional employees' organization for the purpose of professional negotiation. The temporary board shall have the power to enter into contracts of employment for all personnel it deems necessary for operation of the consolidated unified school district.

        (b)   No powers granted pursuant to this section shall be exercised sooner than 90 days prior to the effective date of the consolidation of such school districts.

        History:   L. 2003, ch. 139, § 5; May 15.