HB 2256--
Session of 1997
By Representatives Helgerson and Vickrey

9 AN ACT concerning the Kansas state high school athletics association's 10 regulation of school activities and interschool extracurricular activities; 11 defining non-school activities; amending K.S.A. 72-133 and K.S.A. 12 1996 Supp. 72-130 and repealing the existing sections. 13 14 Be it enacted by the Legislature of the State of Kansas: 15 Sec. 1. K.S.A. 72-133 is hereby amended to read as follows: 72-133. 16 As used in this act, unless the context otherwise requires: (a) ``Activities'' 17 means school activities and contests in the fields of athletics, music, fo- 18 rensics, dramatics and any other interschool extracurricular activities by 19 students enrolled in any of the grades from seven (7) to twelve (12), 20 inclusive. 21 (b) ``Board of education'' means the board of education of a school 22 district and the governing authority of any accredited nonpublic school. 23 (c) `` School district'' means any public school district. 24 (d) ``Non-school activities'' includes, but is not limited to, (1) activities 25 and contests engaged in by students which do not directly impact the 26 school; (2) athletic contests, music, forensics and dramatics occurring 27 without school participation and not funded by the school; and (3) in- 28 struction by coaches and teachers as long as the instruction is not man- 29 dated, funded or participated in by the school. If school facilities are used 30 for any of the above non-school activities, a reasonable fee shall be paid 31 to the school for the use of such facility. 32 Section 2. K.S.A. 1996 Supp. 72-130 is hereby amended to read as 33 follows: 72-130. (a) Any association with a majority of the high schools of 34 the state as members and the purpose of which association is the state- 35 wide regulation, supervision, promotion and development of any of the 36 activities defined in K.S.A. 72-133, and amendments thereto, and in 37 which any public high school of this state may participate directly or 38 indirectly shall: 39 (1) On or before September 1 of each year make a full report of its 40 operation for the preceding calendar year to the state board of education. 41 The report shall contain a complete and detailed financial statement un- 42 der the certificate of a certified public accountant. 43 (2) File with the state board a copy of all reports and publications HB 2256

 1  issued from time to time by such association.
 2    (3)  Be governed by a board of directors which shall exercise the leg-
 3  islative authority of the association and shall establish policy for the as-
 4  sociation.
 5    (4)  Submit to the state board of education, for its approval or disap-
 6  proval prior to adoption, any amendments, additions, alterations or mod-
 7  ifications of its articles of incorporation or bylaws. If any articles of in-
 8  corporation, bylaws or any amendment, addition or alteration thereto is
 9  disapproved by the state board of education, the same shall not be
10  adopted.
11    (5)  Establish a system for the classification of member high schools
12  according to student attendance.
13    (6)  Be subject to the provisions of the Kansas open meetings law.
14    (7)  Be subject to the provisions of the open records law.
15    (8)  Only regulate activities as defines in subsection (a) of K.S.A. 72-
16  133 and amendments thereto. The association shall not directly or indi-
17  rectly, by means of causing students to lose eligibility for participating in
18  a non-school activity or by other means, regulate, prohibit or impair non-
19  school activities as defined in subsection (d) of K.S.A. 72-133, and amend-
20  ments thereto. Neither shall the association penalize coaches and teachers
21  for providing instruction to students in non-school activities as defined in
22  subsection (d) of K.S.A. 72-133, and amendments thereto.
23    (b)  The board of directors shall consist of not less than 60 members.
24  At least eight directors shall be members of boards of education, elected
25  by local boards of education. At least two of such directors shall be elected
26  from each congressional district of the state. At least two directors shall
27  be representatives of the state board of education, appointed by the state
28  board. Directors who are representatives of the senior high schools which
29  are affiliated with a league shall be elected by the league. The senior high
30  schools which are not affiliated with a league shall be represented by at
31  least one director. At least four directors shall be representatives of the
32  middle/junior high schools, elected by the middle/junior high schools. At
33  least one director shall be representative of and selected by athletic ad-
34  ministrators. At least one director shall be representative of and selected
35  by coaches. At least one director shall be representative of and selected
36  by speech communications educators. At least one director shall be rep-
37  resentative of and selected by music educators. At least one director shall
38  be representative of and selected by scholars' bowl coaches. Upon selec-
39  tion of the foregoing directors, the state board of education shall be pro-
40  vided with a list of such directors. In order to attain, when necessary, and
41  insofar as possible, representation of ethnic minority groups and both
42  genders on the board of directors, the state board shall appoint not more
43  than four additional directors from the public at large. All directors are
HB 2256

 1  limited to six consecutive years of service.
 2    (c)  An executive board which shall be responsible for the administra-
 3  tion, enforcement and interpretation of policy established by the board
 4  of directors shall be elected by the board of directors from its member-
 5  ship. Insofar as possible, membership on the executive board shall be
 6  representative of ethnic minority groups, both genders, and all geograph-
 7  ical areas of the state.
 8    (d)  An appeal board which shall be responsible for conducting hear-
 9  ings provided for in K.S.A. 72-134, and amendments thereto, shall be
10  elected as provided in this subsection. The appeal board shall consist of
11  eight members. The membership of the appeal board shall include four
12  members who are board of education members, elected by the boards of
13  education of the member schools of the association; and four members
14  who are school administrators, elected by the member schools of the
15  association. No member of the board of directors shall be eligible for
16  election to membership on the appeal board. All members of the appeal
17  board are limited to six consecutive years of service.
18    (e)  The executive board is authorized to employ an executive director
19  and such other personnel as may be necessary to the exercise of the
20  powers and the performance of the functions and duties of the board of
21  directors, the executive board, and the appeal board. The executive di-
22  rector and all other personnel, except custodial, clerical or maintenance
23  personnel, employed by the executive board pursuant to this subsection,
24  shall file written statements of substantial interests, as provided by K.S.A.
25  46-248 through 46-252, and amendments thereto.
26    Sec. 3.  K.S.A. 72-133 and K.S.A. 1996 Supp. 72-130 are hereby re-
27  pealed.
28    Sec. 4.  This act shall take effect and be in force from and after its
29  publication in the statute book.