SB 37--Am. by SCW
[As Amended by Senate Committee of the Whole]
As Amended by Senate Committee
SENATE BILL No. 37
By Committee on Education
AN ACT concerning boards of education of school districts; conferring
the power of local control thereon; imposing limitations; amending
K.S.A. 72-8205 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 72-8205 is hereby amended to read as follows: 72-
8205. (a) The board of education shall meet at least once each month. At
some time during the month of July 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 meet-
ing, 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 day following commencing at the
same hour. Such resolution shall also specify the regular meeting place
of the board and may specify that any regular meeting may be adjourned
to another time and place. Special meetings may be called at any time by
the president of the board or by joint action of any three members
thereof. Written notice, stating the time and place of any special meeting
and the purpose for which called, shall, unless waived, be given each
member of the board at least two days in advance of the special meeting
and no business other than that stated in the notice shall be transacted
at such meeting. A majority of the full membership of the board shall
constitute a quorum for the purpose of conducting any business of the
school district, and the vote of a majority of the full membership of the
board shall be required for the passage of any motion or resolution. Any
member who abstains from voting shall be counted as having voted
against the motion or resolution. If a member announces a conflict of
interest with regard to the issue, the member may leave the meeting until
the voting on the issue is concluded and the member who abstains from
voting thereby shall not be counted as having voted.
(b) Except as otherwise provided in the unification acts, the board of
education shall have and may exercise the same powers and authorities
as were immediately prior to this act conferred uniformly upon boards of
education in cities of the first class
, and, in addition thereto, the powers
and authority expressly conferred by law including the power of local
control to determine local affairs and government as provided under sub-
(c) The board of education shall have authority to prescribe courses
of study for each year of the school program and provide rules and reg-
ulations for teaching in the school district and general government
thereof, and to approve and adopt suitable textbooks and study material
for use therein subject to the plans, methods, rules and regulations for-
mulated and recommended by the state board of education.
(d) The board of education may provide legal counsel at district ex-
pense to any members of the board of education, or school district officers
or employees who are sued in situations relating to and arising out of the
performance of their office or employment. No teacher or other employ-
ment contract shall make reference to or incorporate the provisions of
this subsection, nor shall the provisions of this subsection be construed
as any part of the consideration of employment of any teacher, officer or
other employee of the board.
(e) (1) The board of education may transact all school district busi-
ness and adopt policies that the board deems appropriate to perform its
constitutional duty to maintain, develop and operate local public schools,
subject to the following limitations:
(A) School districts shall be subject to all acts of the legislature and
all rules and regulations of the state board of education which apply to
all unified school districts.
(B) School districts may not consolidate or alter school district bound-
aries except as provided by law.
(C) School districts may not affect the courts located therein.
(D) School districts shall be subject to acts of the legislature prescrib-
ing limits of indebtedness.
(E) School districts shall be subject to all acts of the legislature con-
(F) School districts may levy and collect taxes only in conformity with
acts of the legislature which specifically confer such authority.
(G) In the exercise of the power and authority conferred by this sub-
section, the home rule power conferred on cities and counties shall not be
superseded or impaired without the consent of the governing body of each
city or county which may be affected.
(H) School districts may not adopt policies which modify, di-
minish or reinterpret state or federal laws which affect school dis-
[(I) Notwithstanding any other provisions of this act, school dis-
tricts shall not adopt policies which interfere with the public policy
of this state set forth in subsection (b) of K.S.A. 1996 Supp. 38-141,
and amendments thereto.]
(2) The power and authority conferred on school districts by this sub-
section shall not be construed to relieve any other unit of government of
its duties and responsibilities which are prescribed by law, nor to create
any responsibility on the part of a school district to assume the duties or
responsibilities which are required of another unit of government.
(3) School districts shall exercise the powers of local control conferred
by this subsection by resolution of the board of education.
Sec. 2. K.S.A. 72-8205 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.