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 9  AN ACT establishing the Kansas department of education and the office
10    of secretary of education; providing for appointment of commissioners
11    and state advisory boards.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    Section 1.  (a) There is established the Kansas department of edu-
15  cation, the head of which department shall be the secretary of education.
16  The governor shall appoint the secretary of education, subject to confir-
17  mation by the senate as provided in K.S.A. 75-4315b, and amendments
18  thereto, and the secretary shall serve at the pleasure of the governor. The
19  Kansas department of education established by this act shall be admin-
20  istered under the direction and supervision of the secretary of education.
21  The secretary of education shall receive an annual salary fixed by the
22  governor.
23    (b)  The provisions of the Kansas governmental operations accounta-
24  bility law apply to the office of the secretary of education and the Kansas
25  department of education, and the office and department are subject to
26  audit, review and evaluation under such law.
27    Sec. 2.  There is established within and as a part of the Kansas de-
28  partment of education a division of higher education. The division shall
29  be administered, under the supervision of the secretary of education, by
30  the commissioner of higher education, who shall be the chief administra-
31  tive officer of the division. The commissioner of higher education shall
32  be appointed by the secretary of education and shall serve at the pleasure
33  of the secretary. The commissioner of higher education shall be in the
34  unclassified service under the Kansas civil service act and shall receive an
35  annual salary fixed by the secretary of education, with the approval of the
36  governor.
37    Sec. 3.  (a) There is established within and as a part of the division of
38  higher education a state advisory board on higher education. The advisory
39  board shall be composed of seven members who shall be appointed by
40  the governor. One member shall be appointed from each congressional
41  district with the remaining members appointed at large; however, no two
42  members shall reside in the same county at the time of their appointment.
43    (b)  At no time shall more than four members of the advisory board
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 1  on higher education be members of the same political party.
 2    (c)  Subsequent redistricting shall not disqualify any member of the
 3  board from service for the remainder of such member's term.
 4    (d)  The regular term of office of members of the advisory board on
 5  higher education shall be four years. Regular terms shall commence on
 6  the second Monday in January following appointment of the board mem-
 7  ber.
 8    (e)  Of the members of the board appointed in the year 1999:  (1)
 9  Three members shall have terms ending on the second Monday in January
10  2003 and no more than two such members shall be members of the same
11  political party; and (2) four members shall have terms ending on the
12  second Monday in January 2001 and no more than two such members
13  shall be members of the same political party.
14    (f)  Any member appointed as a successor to a member first appointed
15  under this section shall be appointed for a four-year term, unless such
16  appointment is to fill the unexpired term where a vacancy has occurred
17  on the board, in which case the member shall be appointed for the re-
18  mainder of the unexpired term.
19    (g)  No officer or employee of the Kansas department of education
20  shall be a member of the state advisory board on higher education.
21    (h)  The state advisory board on higher education shall have such pow-
22  ers, duties and functions as are assigned by the secretary of education
23  and the commissioner of higher education. The board shall serve in an
24  advisory capacity to the secretary of education and the commissioner of
25  higher education with respect to the policies governing the supervision,
26  operation and management of programs and institutions of higher edu-
27  cation under the jurisdiction of the division of higher education.
28    Sec. 4.  There is established within and as a part of the Kansas de-
29  partment of education a division of community colleges and vocational
30  and technical education. The division shall be administered, under the
31  supervision of the secretary of education, by the commissioner of com-
32  munity colleges and vocational and technical education, who shall be the
33  chief administrative officer of the division. The commissioner of com-
34  munity colleges and vocational and technical education shall be appointed
35  by the secretary of education and shall serve at the pleasure of the sec-
36  retary. The commissioner of community colleges and vocational and tech-
37  nical education shall be in the unclassified service under the Kansas civil
38  service act and shall receive an annual salary fixed by the secretary of
39  education, with the approval of the governor.
40    Sec. 5.  (a) There is established within and as a part of the division of
41  community colleges and vocational and technical education a state advi-
42  sory board on community colleges and vocational and technical education.
43  The advisory board shall be composed of seven members who shall be
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 1  appointed by the governor. One member shall be appointed from each
 2  congressional district with the remaining members appointed at large;
 3  however, no two members shall reside in the same county at the time of
 4  their appointment.
 5    (b)  At no time shall more than four members of the advisory board
 6  on community colleges and vocational and technical education be mem-
 7  bers of the same political party.
 8    (c)  Subsequent redistricting shall not disqualify any member of the
 9  board from service for the remainder of such member's term.
10    (d)  The regular term of office of members of the advisory board on
11  community colleges and vocational and technical education shall be four
12  years. Regular terms shall commence on the second Monday in January
13  following appointment of the board member.
14    (e)  Of the members of the board appointed in the year 1999:  (1)
15  Three members shall have terms ending on the second Monday in January
16  2003 and no more than two such members shall be members of the same
17  political party; and (2) four members shall have terms ending on the
18  second Monday in January 2001 and no more than two such members
19  shall be members of the same political party.
20    (f)  Any member appointed as a successor to a member first appointed
21  under this section shall be appointed for a four-year term, unless such
22  appointment is to fill the unexpired term where a vacancy has occurred
23  on the board, in which case the member shall be appointed for the re-
24  mainder of the unexpired term.
25    (g)  No officer or employee of the Kansas department of education
26  shall be a member of the state advisory board on community colleges and
27  vocational and technical education.
28    (h)  The state advisory board on community colleges and vocational
29  and technical education shall have such powers, duties and functions as
30  are assigned by the secretary of education and the commissioner of com-
31  munity colleges and vocational and technical education. The board shall
32  serve in an advisory capacity to the secretary of education and the com-
33  missioner of community colleges and vocational and technical education
34  with respect to the policies governing the supervision, operation and man-
35  agement of the community colleges, technical colleges, area vocational
36  schools and area vocational-technical schools under the jurisdiction of the
37  division of community colleges and vocational and technical education.
38    Sec. 6.  There is established within and as a part of the Kansas de-
39  partment of education a division of elementary and secondary education.
40  The division shall be administered, under the supervision of the secretary
41  of education, by the commissioner of elementary and secondary educa-
42  tion, who shall be the chief administrative officer of the division. The
43  commissioner of elementary and secondary education shall be appointed
SB 359
                                     

 1  by the secretary of education and shall serve at the pleasure of the sec-
 2  retary. The commissioner of elementary and secondary education shall
 3  be in the unclassified service under the Kansas civil service act and shall
 4  receive an annual salary fixed by the secretary of education, with the
 5  approval of the governor.
 6    Sec. 7.  (a) There is established within and as a part of the division of
 7  elementary and secondary education a state advisory board on elementary
 8  and secondary education. The advisory board shall be composed of seven
 9  members who shall be appointed by the governor. One member shall be
10  appointed from each congressional district with the remaining members
11  appointed at large; however, no two members shall reside in the same
12  unified school district at the time of their appointment.
13    (b)  At no time shall more than four members of the advisory board
14  on elementary and secondary education be members of the same political
15  party.
16    (c)  Subsequent redistricting shall not disqualify any member of the
17  board from service for the remainder of such member's term.
18    (d)  The regular term of office of members of the advisory board on
19  elementary and secondary education shall be four years. Regular terms
20  shall commence on the second Monday in January following appointment
21  of the board member.
22    (e)  Of the members of the board appointed in the year 1999:  (1)
23  Three members shall have terms ending on the second Monday in January
24  2003 and no more than two such members shall be members of the same
25  political party; and (2) four members shall have terms ending on the
26  second Monday in January 2001 and no more than two such members
27  shall be members of the same political party.
28    (f)  Any member appointed as a successor to a member first appointed
29  under this section shall be appointed for a four-year term, unless such
30  appointment is to fill the unexpired term where a vacancy has occurred
31  on the board, in which case the member shall be appointed for the re-
32  mainder of the unexpired term.
33    (g)  No officer or employee of the Kansas department of education
34  shall be a member of the state advisory board on elementary and sec-
35  ondary education.
36    (h)  The state advisory board on elementary and secondary education
37  shall have such powers, duties and functions as are assigned by the sec-
38  retary of education and the commissioner of elementary and secondary
39  education. The board shall serve in an advisory capacity to the secretary
40  of education and the commissioner of elementary and secondary educa-
41  tion with respect to the policies governing the supervision and operation
42  of schools and school districts under the jurisdiction of the division of
43  elementary and secondary education.
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 1    Sec. 8.  (a) As used in this section, the term ``state advisory board''
 2  means and includes the state advisory board on higher education, the
 3  state advisory board on community colleges and vocational and technical
 4  education, and the state advisory board on elementary and secondary
 5  education.
 6    (b)  The initial meeting of the state advisory board shall commence
 7  following the appointment of all board members by the governor. The
 8  governor shall certify to the secretary of state that all board members
 9  have been appointed. Such certification shall be published in the Kansas
10  register. One week following such publication, the state advisory board
11  shall meet in the office of the secretary of state in the state capitol, and
12  such meeting shall commence at 10:00 o'clock a.m. Subsequent meetings
13  of the state advisory board shall be held and conducted in accordance
14  with policies and procedures established by the secretary of education.
15  At the initial meeting of the state advisory board and at the board's first
16  meeting after the second Monday in January of each odd-numbered year
17  thereafter, the board shall organize by election of a chairperson, vice-
18  chairperson and such other officers as the board deems appropriate.
19    (c)  A quorum of the state advisory board shall be four members and
20  no meeting shall commence until a quorum is present, but any number
21  of members less than a quorum may recess a meeting to a later time.
22  Official actions of the board shall be adopted by a favorable vote of four
23  or more members. A recorded vote shall be taken and made a part of the
24  board's public record.
25    (d)  Members of the state advisory board attending meetings of such
26  board, or attending a subcommittee meeting thereof authorized by the
27  secretary of education shall receive compensation and travel expenses and
28  subsistence allowances as provided in K.S.A. 75-3212, and amendments
29  thereto, for members of the legislature.
30    Sec. 9.  In addition to the appointment of the commissioner of higher
31  education, the commissioner of community colleges and vocational and
32  technical education, and the commissioner of elementary and secondary
33  education, the secretary of education may appoint such other officers and
34  employees as the secretary deems necessary to carry out the duties of the
35  secretary and the department of education. The commissioners of higher
36  education, community colleges and vocational and technical education,
37  and elementary and secondary education, and such other officers and
38  employees as the secretary may appoint, shall have such powers, duties
39  and functions as are assigned to them by the secretary or are prescribed
40  by law. Such commissioners, officers and employees shall act for and
41  exercise the powers of the secretary of education to the extent authority
42  to do so is delegated by the secretary.
43    Sec. 10.  (a) The secretary of education may organize the Kansas de-
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 1  partment of education in the manner the secretary deems most efficient,
 2  so long as the same is not in conflict with the provisions of this act or with
 3  the provisions of law, and the secretary may establish policies governing
 4  the transaction of business of the department and the administration of
 5  each of the divisions within the department.
 6    (b)  Except as otherwise provided in this act, and subject to the Kansas
 7  civil service act, the commissioner of each division of the department of
 8  education shall appoint all subordinate officers and employees of such
 9  commissioner's division, subject to the approval of the secretary, and all
10  such subordinate officers and employees shall be within the classified
11  service of the Kansas civil service act. Personnel of each such division
12  shall perform such duties and exercise such powers of the commissioner
13  of the respective divisions to the extent authority to do so is delegated by
14  such commissioners.
15    Sec. 11.  (a) The secretary of education and the Kansas department
16  of education shall have offices and facilities in Topeka and such other
17  locations throughout the state as are necessary.
18    (b)  The secretary of education shall keep a seal which shall be sur-
19  rounded by the words ``Secretary, Kansas Department of Education''
20  which shall be of such diameter and with such device as the governor and
21  the secretary of education may prescribe, an impression of which shall be
22  filed in the office of secretary of state.
23    Sec. 12.  On the effective date of this act, the following state agencies
24  and offices shall be and hereby are abolished:
25    (a)  The state board of education and the state board of regents re-
26  quired to be provided for by section 2 of article 6 of the constitution prior
27  to adoption by the electors of this state of the proposition to revise article
28  6 as provided in 1997 senate concurrent resolution no. 1607;
29    (b)  the office of commissioner of education required to be appointed
30  by section 4 of article 6 of the constitution prior to adoption by the elec-
31  tors of this state of the proposition to revise article 6 as provided in 1997
32  senate concurrent resolution no. 1607;
33    (c)  the state department of education established by K.S.A. 72-7701;
34    (d)  the offices of assistant commissioners of education provided to be
35  appointed by K.S.A. 72-7603; and
36    (e)  the office of executive officer of the state board of regents pro-
37  vided to be appointed by K.S.A. 74-3203.
38    Sec. 13.  (a) On the effective date of this act all of the powers, duties,
39  functions, records and property of the state agencies and offices abolished
40  by this act, including the power to administer, expend and distribute funds
41  now or hereafter made available in accordance with appropriation acts,
42  shall be and are hereby transferred to and conferred and imposed upon
43  the secretary of education. The secretary of education shall be the suc-
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 1  cessor in every way to the powers, duties and functions of the abolished
 2  state agencies and offices, in which the same were vested prior to the
 3  effective date of this act. The secretary of education shall be a continu-
 4  ation of the abolished state agencies and offices, and every act performed
 5  under the authority of the secretary shall be deemed to have the same
 6  force and effect as if performed by the respective agency or office in
 7  which the authority to perform such act was vested prior to the effective
 8  date of this act.
 9    (b)  On and after the effective date of this act, whenever any of the
10  state agencies or offices abolished by this act are referred to or designated
11  by a statute, contract or other document, such reference or designation
12  shall be deemed to apply to the secretary of education.
13    (c)  All rules and regulations of the state board of education or the
14  state board of regents in existence on the effective date of this act shall
15  continue to be effective and shall be deemed to be duly adopted rules
16  and regulations of the secretary of education until revised, amended, re-
17  voked or nullified pursuant to law.
18    (d)  All policies, orders and directives of the state board of education
19  and the state board of regents in existence on the effective date of this
20  act shall continue to be effective and shall be deemed to be orders and
21  directives of the secretary of education, until revised, amended or nulli-
22  fied pursuant to law.
23    (e)  On the effective date of this act, the secretary of education shall
24  succeed to whatever right, title or interest the state board of education
25  or the state board of regents has acquired in any real property in this
26  state, and the secretary shall hold the same for and in the name of the
27  state of Kansas. On and after the effective date of this act, whenever any
28  statute, contract, deed or other document concerns the power or author-
29  ity of the state board of education or the state board of regents to acquire,
30  hold or dispose of real property or any interest therein, the secretary of
31  education shall succeed to such power or authority.
32    (f)  The secretary of education shall be a continuation of the state
33  board of education and the state board of regents.
34    Sec. 14.  On the effective date of this act, officers and employees who,
35  immediately prior to such date, were engaged in the performance of pow-
36  ers, duties or functions of any state agency or office which is abolished
37  by this act, and who, in the opinion of the secretary of education, are
38  necessary to perform the powers, duties and functions of the department
39  of education, shall be transferred to, and shall become officers and em-
40  ployees of the department. Any such officer or employee shall retain all
41  retirement benefits and all rights of civil service which had accrued to or
42  vested in such officer or employee prior to the effective date of this act.
43  The service of each such officer and employee so transferred shall be
SB 359
                                     

 1  deemed to have been continuous. All transfers and any abolition of per-
 2  sonnel positions in the classified service under the Kansas civil service act
 3  shall be in accordance with civil service laws and any rules and regulations
 4  adopted thereunder.
 5    Sec. 15.  (a) When any conflict arises as to the disposition of any
 6  power, function or duty or the unexpended balance of any appropriation
 7  as a result of any abolition, transfer or change made by or under authority
 8  of this act, such conflict shall be resolved by the governor, whose decision
 9  shall be final.
10    (b)  The secretary of education shall succeed to all property and re-
11  cords which were used for or pertain to the performance of the powers,
12  duties and functions transferred to the secretary. Any conflict as to the
13  proper disposition of property or records arising under this section, and
14  resulting from the abolition of any state agency or office, or all or part of
15  the powers, duties and functions thereof, shall be determined by the
16  governor, whose decision shall be final.
17    Sec. 16.  (a) The secretary of education shall have the legal custody
18  of all records, memoranda, writings, entries, prints, representations or
19  combinations thereof of any act, transaction, occurrence or event of the
20  department of education and any agency or office abolished under this
21  act.
22    (b)  No suit, action or other proceeding, judicial or administrative,
23  lawfully commenced, or which could have been commenced, by or against
24  any state agency mentioned in this act, or by or against any officer of the
25  state in such officer's official capacity or in relation to the discharge of
26  such officer's official duties, shall abate by reason of the governmental
27  reorganization effected under the provisions of this act. The court may
28  allow any such suit, action or other proceeding to be maintained by or
29  against the successor of any such state agency or any officer affected.
30    (c)  No criminal action commenced or which could have been com-
31  menced by the state shall abate by the taking effect of this act.
32    Sec. 17.  (a) On the effective date of this act, the balance of all funds
33  appropriated and reappropriated to any of the state agencies abolished
34  by this act is hereby transferred to the secretary of education and shall
35  be used only for the purpose for which the appropriation was originally
36  made.
37    (b)  On the effective date of this act, the liability for all accrued com-
38  pensation or salaries of officers and employees who, immediately prior to
39  such date, were engaged in the performance of powers, duties or func-
40  tions of any state agency or office abolished by this act shall be assumed
41  and paid by the secretary of education.
42    Sec. 18.  The provisions of this act shall be operative and effective on
43  January 1, 1999, only if the proposition to amend the Kansas constitution
SB 359
                                     

 1  by revising article 6 is approved by the electors as provided in 1997 senate
 2  concurrent resolution no. 1607. The provisions of this act shall not be
 3  operative but shall be void if the proposition is not approved by the elec-
 4  tors of this state.
 5    Sec. 19.  This act shall take effect and be in force from and after its
 6  publication in the statute book.