Session of 1998
By Committee on Education
            9             AN ACT concerning private elementary or secondary schools; allowing
10             children instructed at such schools to participate in interscholastic ex-
11             tracurricular activities on behalf of public schools; amending K.S.A.
12             72-132 and repealing the existing section.
14       Be it enacted by the Legislature of the State of Kansas:
15           New Section 1. As used in this act:
16           (a) ``Private elementary or secondary school'' has the meaning as-
17       cribed thereto in K.S.A. 72-53,100; and
18           (b) ``interscholastic extracurricular activities'' has the meaning as-
19       cribed to activities in K.S.A. 72-133.
20           New Sec. 2. Notwithstanding any other provision of law, a child who
21       resides within the attendance area of a public school and who is instructed
22       at a private elementary or secondary school may be allowed to participate
23       in interscholastic extracurricular activities on behalf of the public school.
24       If a public school declines to allow children instructed at a private ele-
25       mentary or secondary school to participate in an interscholastic extracur-
26       ricular activity, the children instructed at the private elementary or sec-
27       ondary school who reside within the attendance area of the public school
28       may be allowed to participate in the interscholastic extracurricular activity
29       on behalf of any other public school. The state board of education shall
30       adopt rules and regulations prescribing procedures for the participation
31       of children instructed at private elementary or secondary schools in in-
32       terscholastic extracurricular activities, including, if necessary, requiring
33       the child to take a nationally standardized norm-referenced achievement
34       test or academic evaluation for verification of academic performance. The
35       rules and regulations adopted by the state board of education shall pro-
36       vide that a child who is instructed at a private elementary or secondary
37       school and who was previously enrolled in a public school during the
38       school year shall be ineligible to participate in interscholastic extracurric-
39       ular activities on behalf of a different public school for the remainder of
40       such school year.
41           Sec. 3. K.S.A. 72-132 is hereby amended to read as follows: 72-132.
42       On   or and after the effective date of this act, it shall be unlawful for any
43       board of education of any school district, or for any school administrator

HB 2827


  1       or official of any school district to pay or authorize or approve the payment
  2       of any amount from any public or activity fund of the school district to a
  3       private association or corporation having for its purpose the promotion,
  4       development and direction of interscholastic activities and contests   be-
  5       tween such schools in this state   and which shall if such association or
  6       corporation does not comply with the provisions of K.S.A. 72-130 to 72-
  7       134, inclusive, and if such association or corporation prohibits partici-
  8       pation of children instructed at private elementary or secondary schools
  9       in interscholastic extracurricular activities. Any member of a board of
10       education of any school district who shall vote to authorize or approve
11       any such payment or any school administrator or official who shall pay or
12       authorize or approve any such payment shall be personally liable for any
13       amount so paid. Payment of dues to an association or corporation com-
14       plying with the provisions of this act and the right of such association or
15       corporation to receive and dispose of any funds so received are hereby
16       authorized.
17           Sec. 4. K.S.A. 72-132 is hereby repealed.
18           Sec. 5. This act shall take effect and be in force from and after its
19       publication in the statute book.