Session of 1998
HOUSE BILL No. 2827
By Committee on Education
2-5
9
AN ACT concerning private elementary or
secondary schools; allowing
10 children instructed at
such schools to participate in interscholastic ex-
11 tracurricular
activities on behalf of public schools; amending K.S.A.
12 72-132 and repealing
the existing section.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 New Section 1. As
used in this act:
16 (a) ``Private elementary
or secondary school'' has the meaning as-
17 cribed thereto in K.S.A. 72-53,100; and
18 (b) ``interscholastic
extracurricular activities'' has the meaning as-
19 cribed to activities in K.S.A. 72-133.
20 New
Sec. 2. Notwithstanding any other provision of law, a
child who
21 resides within the attendance area of a
public school and who is instructed
22 at a private elementary or secondary school
may be allowed to participate
23 in interscholastic extracurricular
activities on behalf of the public school.
24 If a public school declines to allow
children instructed at a private ele-
25 mentary or secondary school to participate
in an interscholastic extracur-
26 ricular activity, the children instructed
at the private elementary or sec-
27 ondary school who reside within the
attendance area of the public school
28 may be allowed to participate in the
interscholastic extracurricular activity
29 on behalf of any other public school. The
state board of education shall
30 adopt rules and regulations prescribing
procedures for the participation
31 of children instructed at private
elementary or secondary schools in in-
32 terscholastic extracurricular activities,
including, if necessary, requiring
33 the child to take a nationally standardized
norm-referenced achievement
34 test or academic evaluation for
verification of academic performance. The
35 rules and regulations adopted by the state
board of education shall pro-
36 vide that a child who is instructed at a
private elementary or secondary
37 school and who was previously enrolled in a
public school during the
38 school year shall be ineligible to
participate in interscholastic extracurric-
39 ular activities on behalf of a different
public school for the remainder of
40 such school year.
41 Sec. 3. K.S.A.
72-132 is hereby amended to read as follows: 72-132.
42 On or
and after the effective date of this act, it shall be
unlawful for any
43 board of education of any school district,
or for any school administrator
HB 2827
2
1 or official of any school district to
pay or authorize or approve the payment
2 of any amount from any public or
activity fund of the school district to a
3 private association or corporation
having for its purpose the promotion,
4 development and direction of
interscholastic activities and contests
be-
5 tween such schools
in this state and which shall if
such association or
6 corporation does not comply
with the provisions of K.S.A. 72-130 to 72-
7 134, inclusive, and if such
association or corporation prohibits partici-
8 pation of children instructed at
private elementary or secondary schools
9 in interscholastic extracurricular
activities. Any member of a board of
10 education of any school district who shall
vote to authorize or approve
11 any such payment or any school
administrator or official who shall pay or
12 authorize or approve any such payment shall
be personally liable for any
13 amount so paid. Payment of dues to an
association or corporation com-
14 plying with the provisions of this act and
the right of such association or
15 corporation to receive and dispose of any
funds so received are hereby
16 authorized.
17 Sec. 4. K.S.A.
72-132 is hereby repealed.
18 Sec. 5. This act
shall take effect and be in force from and after its
19 publication in the statute book.
20
21