HCR 5009--
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House Concurrent Resolution No. 5009
By Representative Sloan
1-31
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A PROPOSITION to amend sections 2, 4 and 7 of article 6 of the con-
stitution of the state of Kansas, relating to education.
Be it resolved by the Legislature of the State of Kansas, two-thirds of the
members elected (or appointed) and qualified to the House of Repre-
sentatives and two-thirds of the members elected (or appointed) and
qualified to the Senate concurring therein:
Section 1. The following proposition to amend the constitution of the
state of Kansas shall be submitted to the qualified electors of the state
for their approval or rejection: Sections 2, 4 and 7 of article 6 of the
constitution of the state of Kansas are hereby amended to read as follows:
``(section) 2. State board of education and state board of regents.
(a) The legislature shall provide for a state board of education which
shall have and for its general supervision of public schools, educa-
tional institutions and all the educational interests of the state, ex-
cept educational functions delegated by law to the state board of
regents. The state board of education shall perform such other du-
ties as may be provided prescribed by law.
(b) The legislature shall provide for a state board of regents and
for its control and supervision of public institutions of higher edu-
cation. Public institutions of higher education shall include univer-
sities and colleges granting baccalaureate or postbaccalaureate de-
grees and such other institutions and educational interests as may
be provided by law. The state board of regents shall perform such
other duties as may be prescribed by law.
(c) Any municipal university shall be operated, supervised and
controlled as provided by law.
``(section) 4. Commissioner of education and commissioner of
higher education. (a) The state board of education governor shall
appoint a commissioner of education, subject to confirmation by the
senate, who shall serve at the pleasure of the board as its executive
officer governor. The state board of education shall submit to the
governor a list containing the names of nominees for appointment
to the office of commissioner of education and appointment of the
commissioner shall be made by the governor after consideration of
the list of nominees. The commissioner of education shall be a mem-
ber of the governor's cabinet, shall serve the state board of education
as its executive officer, and shall act as a liaison between the gov-
ernor and the state board of education. The commissioner of edu-
cation shall perform such other duties as may be prescribed by law.
(b) The governor shall appoint a commissioner of higher edu-
cation, subject to confirmation by the senate, who shall serve at the
pleasure of the governor. The state board of regents shall submit to
the governor a list containing the names of nominees for appoint-
ment to the office of commissioner of higher education and appoint-
ment of the commissioner shall be made by the governor after con-
sideration of the list of nominees. The commissioner of higher
education shall be a member of the governor's cabinet, shall serve
the state board of regents as its executive officer, and shall act as a
liaison between the governor and the state board of regents. The
commissioner of higher education shall perform such other duties
as may be prescribed by law.
``(section) 7. Savings clause. (a) All laws in force at the time of the
adoption of this amendment and consistent therewith shall remain
in full force and effect until amended or repealed by the legislature.
All laws inconsistent with this amendment, unless sooner repealed
or amended to conform with this amendment, shall remain in full
force and effect until July 1, 1969 1998.
(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
1, 1967.
(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 educa-
tion.''
Sec. 2. The following statement shall be printed on the ballot with
the amendment as a whole:
``Explanatory statement. This amendment would eliminate the
constitutional power of the state board of education to generally
supervise the public schools without being subject to statutory
guidelines prescribed by the legislature. This amendment also
would provide constitutional status for a commissioner of education
and a commissioner of higher education, both of whom would be
members of the governor's cabinet and approved by the state sen-
ate.
``A vote for this proposition would give greater accountability of
education administrators to the executive and legislative branches
of government with respect to the public schools. The state board
of education would be responsible for implementation of public
school policy under statutory directives adopted by the legislature.
The commissioner of education would serve as chief administrative
officer of the state board of education and the commissioner of
higher education would serve as chief administrative officer of the
state board of regents. The commissioners would provide liaison
between the office of the governor and the state boards responsible
for implementation of education policy.
``A vote against this proposition would continue in effect the au-
thority of the state board of education to exercise legislative power
in establishing policy regarding the public schools independent of
direct input by the governor and legislature. A vote against this
proposition also would continue in effect the current exclusion of
education representatives from the governor's cabinet.''
Sec. 3. This resolution, if approved by two-thirds of the members
elected (or appointed) and qualified to the House of Representatives and
two-thirds of the members elected (or appointed) and qualified to the
Senate, shall be entered on the journals, together with the yeas and nays.
The secretary of state shall cause this resolution to be published as pro-
vided by law and shall cause the proposed amendment to be submitted
to the electors of the state at the general election to be held in the year
1998 unless a special election is called at a sooner date by concurrent
resolution of the legislature, in which case it shall be submitted to the
electors of the state at the special election.