Session of 1999
By Representative Campbell

  9             AN  ACT concerning school districts; conferring the power of home rule
10             on boards of education; amending K.S.A. 72-8205 and repealing the
11             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 2455


  1       and authority expressly conferred by law including the power of local
  2       control to determine local affairs and government as provided under sub-
  3       section (e).
  4             (c) The board of education shall have authority to prescribe courses
  5       of study for each year of the school program and provide rules and reg-
  6       ulations for teaching in the school district and general government
  7       thereof, and to approve and adopt suitable textbooks and study material
  8       for use therein subject to the plans, methods, rules and regulations for-
  9       mulated and recommended by the state board of education.
10             (d) The board of education may provide legal counsel at district ex-
11       pense to any members of the board of education, or school district officers
12       or employees who are sued in situations relating to and arising out of the
13       performance of their office or employment. No teacher or other employ-
14       ment contract shall make reference to or incorporate the provisions of
15       this subsection, nor shall the provisions of this subsection be construed
16       as any part of the consideration of employment of any teacher, officer or
17       other employee of the board.
18             (e)  (1) The board of education may transact all school district busi-
19       ness and adopt policies that the board deems appropriate to perform its
20       constitutional duty to maintain, develop and operate local public schools,
21       subject to the following limitations:
22             (A) School districts shall be subject to all acts of the legislature and
23       all rules and regulations of the state board of education which apply to
24       all unified school districts.
25             (B) School districts may not consolidate or alter school district bound-
26       aries except as provided by law.
27             (C) School districts may not affect the courts located therein.
28             (D) School districts shall be subject to acts of the legislature prescrib-
29       ing limits of indebtedness.
30             (E) School districts shall be subject to all acts of the legislature con-
31       cerning elections.
32             (F) School districts may levy and collect taxes only in conformity with
33       acts of the legislature which specifically confer such authority.
34             (G) In the exercise of the power and authority conferred by this sub-
35       section, the home rule power conferred on cities and counties shall not be
36       superseded or impaired without the consent of the governing body of each
37       city or county which may be affected.
38             (H) School districts may not adopt policies which modify, diminish
39       or reinterpret state or federal laws which affect school district employees.
40             (I) Notwithstanding any other provisions of this act, school districts
41       shall not adopt policies which interfere with the public policy of this state
42       set forth in subsection (b) of K.S.A. 1998 Supp. 38-141, and amendments
43       thereto.

HB 2455


  1             (2) The power and authority conferred on school districts by this sub-
  2       section shall not be construed to relieve any other unit of government of
  3       its duties and responsibilities which are prescribed by law, nor to create
  4       any responsibility on the part of a school district to assume the duties or
  5       responsibilities which are required of another unit of government.
  6             (3) School districts shall exercise the powers of local control conferred
  7       by this subsection by resolution of the board of education.  
  8       Sec.  2. K.S.A. 72-8205 is hereby repealed.
  9        Sec.  3. This act shall take effect and be in force from and after its
10       publication in the statute book.