Session of 1999
House Concurrent Resolution No. 5008
By Representative Sloan
9 A PROPOSITION to amend sections 2, 4 and 7 of article 6 of the con-
10 stitution of the state of Kansas, relating to education.
14 Be it resolved by the Legislature of the State of Kansas, two-thirds of the
15 members elected (or appointed) and qualified to the House of Repre-
16 sentatives and two-thirds of the members elected (or appointed) and
17 qualified to the Senate concurring therein:
18 Section 1. The following proposition to amend the constitution of the
19 state of Kansas shall be submitted to the qualified electors of the state
20 for their approval or rejection: Sections 2, 4 and 7 of article 6 of the
21 constitution of the state of Kansas are hereby amended to read as follows:
22 "§ 2. State board of education and state board of regents.
23 (a) The legislature shall provide for a state board of education
shall have and for its general supervision of public schools, educa-
25 tional institutions and all the educational interests of the state, ex-
26 cept educational functions delegated by law to the state board of
27 regents. The state board of education shall perform such other du-
28 ties as may be
provided prescribed by law.
29 (b) The legislature shall provide for a state board of regents and
30 for its control and supervision of public institutions of higher edu-
31 cation. Public institutions of higher education shall include univer-
32 sities and colleges granting baccalaureate or postbaccalaureate de-
33 grees and such other institutions and educational interests as may
34 be provided by law. The state board of regents shall perform such
35 other duties as may be prescribed by law.
36 (c) Any municipal university shall be operated, supervised and
37 controlled as provided by law.
38 "§ 4. Commissioner of education. The
state board of edu-
cation governor shall appoint a commissioner of education, subject
40 to confirmation by the senate, who shall serve at the pleasure of the
board as its executive officer governor. The state board of education
42 shall submit to the governor a list containing the names of nominees
43 for appointment to the office of commissioner of education and ap-
44 pointment of the commissioner shall be made by the governor after
45 consideration of the list of nominees. The commissioner of education
HCR 5008 2
1 shall be a member of the governor's cabinet, shall serve the state
2 board of education as its executive officer, and shall act as a liaison
3 between the governor and the state board of education. The com-
4 missioner of education shall perform such other duties as may be
5 prescribed by law.
6 "§ 7. Savings clause.
(a) All laws in force at the time of the
7 adoption of this amendment and consistent therewith shall remain
8 in full force and effect until amended or repealed by the legislature.
9 All laws inconsistent with this amendment, unless sooner repealed
10 or amended to conform with this amendment, shall remain in full
11 force and effect until July 1,
(b) Notwithstanding any other provision of the constitution to
the contrary, no state superintendent of public instruction or county
superintendent of public instruction shall be elected after January
(c) The state perpetual school fund or any part thereof may be
managed and invested as provided by law or all or any part thereof
may be appropriated, both as to principal and income, to the sup-
port of the public schools supervised by the state board of
21 Sec. 2. The following statement shall be printed on the ballot with
22 the amendment as a whole:
23 "Explanatory statement. This amendment would eliminate the
24 constitutional power of the state board of education to generally
25 supervise the public schools without being subject to statutory
26 guidelines prescribed by the legislature. This amendment also
27 would provide for appointment by the governor of the commis-
28 sioner of education who would be a member of the governor's cab-
29 inet and whose appointment would be approved by the state senate.
30 "A vote for this proposition would give greater accountability of
31 the state board of education to the executive and legislative
32 branches of government. The state board of education would be
33 responsible for implementation of public school policy under stat-
34 utory directives adopted by the legislature. The commissioner of
35 education would serve as chief administrative officer of the state
36 board of education and would provide liaison between the office of
37 the governor and the state board of education.
38 "A vote against this proposition would continue in effect the au-
39 thority of the state board of education to exercise legislative power
40 in establishing policy regarding the public schools independent of
41 direct input by the governor and legislature. A vote against this
42 proposition also would continue in effect the current exclusion from
43 the governor's cabinet of a representative of the state board of
HCR 5008 3
2 Sec. 3. This resolution, if approved by two-thirds of the members
3 elected (or appointed) and qualified to the House of Representatives and
4 two-thirds of the members elected (or appointed) and qualified to the
5 Senate, shall be entered on the journals, together with the yeas and nays.
6 The secretary of state shall cause this resolution to be published as pro-
7 vided by law and shall cause the proposed amendment to be submitted
8 to the electors of the state at the general election to be held in the year
9 2000 unless a special election is called at a sooner date by concurrent
10 resolution of the legislature, in which case it shall be submitted to the
11 electors of the state at the special election.