SB 37--Am. by SCW
[As Amended by Senate Committee of the Whole]
As Amended by Senate Committee
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- section (e). (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- cerning elections. (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- trict employees. [(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.