Session of 1999
By Committee on Education

  9             AN  ACT concerning school districts; conferring the power of local con-
10             trol on boards of education; amending K.S.A. 72-8205 and repealing
11             the existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 72-8205 is hereby amended to read as follows: 72-
15       8205. (a) The board of education shall meet at least once each month. At
16       some time during the month of July of each year, the board shall adopt
17       a resolution specifying a regular meeting time of the board and such
18       resolution shall specify the regular hour of commencement of the meet-
19       ing, as well as the day of the week and the week of the month. Such
20       resolution shall also provide that if the regular meeting date occurs on a
21       Sunday or on a legal holiday or on a holiday specified by the board, such
22       regular meeting shall be held on the day following commencing at the
23       same hour. Such resolution shall also specify the regular meeting place
24       of the board and may specify that any regular meeting may be adjourned
25       to another time and place. Special meetings may be called at any time by
26       the president of the board or by joint action of any three members
27       thereof. Written notice, stating the time and place of any special meeting
28       and the purpose for which called, shall, unless waived, be given each
29       member of the board at least two days in advance of the special meeting
30       and no business other than that stated in the notice shall be transacted
31       at such meeting. A majority of the full membership of the board shall
32       constitute a quorum for the purpose of conducting any business of the
33       school district, and the vote of a majority of the full membership of the
34       board shall be required for the passage of any motion or resolution. Any
35       member who abstains from voting shall be counted as having voted
36       against the motion or resolution. If a member announces a conflict of
37       interest with regard to the issue, the member may leave the meeting until
38       the voting on the issue is concluded and the member who abstains from
39       voting thereby shall not be counted as having voted.
40             (b) Except as otherwise provided in the unification acts, the board of
41       education shall have and may exercise the same powers and authorities
42       as were immediately prior to this act conferred uniformly upon boards of
43       education in cities of the first class, and, in addition thereto, the powers

HB 2181


  1       and authority expressly conferred by law.
  2             (c) The board of education shall have authority to prescribe courses
  3       of study for each year of the school program and provide rules and reg-
  4       ulations for teaching in the school district and general government
  5       thereof, and to approve and adopt suitable textbooks and study material
  6       for use therein subject to the plans, methods, rules and regulations for-
  7       mulated and recommended by the state board of education.
  8             (d) The board of education may provide legal counsel at district ex-
  9       pense to any members of the board of education, or school district officers
10       or employees who are sued in situations relating to and arising out of the
11       performance of their office or employment. No teacher or other employ-
12       ment contract shall make reference to or incorporate the provisions of
13       this subsection, nor shall the provisions of this subsection be construed
14       as any part of the consideration of employment of any teacher, officer or
15       other employee of the board.
16             (e)  (1) The board of education may transact all school district busi-
17       ness and adopt policies that the board deems appropriate to perform its
18       constitutional duty to maintain, develop and operate local public schools.
19             (2) The power and authority conferred on school districts by this sub-
20       section shall not be construed to relieve any other unit of government of
21       its duties and responsibilities which are prescribed by law, nor to create
22       any responsibility on the part of a school district to assume the duties or
23       responsibilities which are required of another unit of government.
24             (3) School districts shall exercise the powers of local control conferred
25       by this subsection by resolution of the board of education.  
26       Sec.  2. K.S.A. 72-8205 is hereby repealed.
27        Sec.  3. This act shall take effect and be in force from and after its
28       publication in the statute book.