Session of 2000
House Concurrent Resolution No. 5073
By Committee on Education
3-13
10 A PROPOSITION to
amend sections 2, 3 and 7 of article 6 of the con-
11 stitution of the state
of Kansas, relating to education.
12
13 Be it resolved by the Legislature of the
State of Kansas, two-thirds of the
14 members elected (or
appointed) and qualified to the House of Repre-
15 sentatives and
two-thirds of the members elected (or appointed) and
16 qualified to the
Senate concurring therein:
17
Section 1. The following proposition to amend the
constitution of the
18 state of Kansas shall be submitted to the
qualified electors of the state
19 for their approval or rejection: Sections
2, 3 and 7 of article 6 of the
20 constitution of the state of Kansas are
hereby amended to read as follows:
21 ``§
2. State board of education and state board of
regents.
22 (a) The legislature
shall provide for a state board of education
which
23 shall
have and for its general supervision of public
schools, educa-
24 tional institutions
and all the educational interests of the state, ex-
25 cept educational
functions delegated by law to the state board of
26 regents. The state
board of education shall perform such other du-
27 ties as may be
provided prescribed by law.
28 (b) The
legislature shall provide for a state board of regents and
29 for its control and
supervision of public institutions of higher edu-
30 cation. Public
institutions of higher education shall include univer-
31 sities and colleges
granting baccalaureate or postbaccalaureate de-
32 grees and such other
institutions and educational interests as may
33 be provided by law.
The state board of regents shall perform such
34 other duties as may be
prescribed by law.
35 (c) Any
municipal university shall be operated, supervised and
36 controlled as provided
by law.
37 ``§
3. Members of state board of education and state
38 board of
regents. (a) From and after January 10, 2001, there
shall
39 be
ten eleven members of the state board of
education with. Ten
40 members shall be
elected to overlapping terms as the legislature may
41 prescribe. One
member, who shall be a qualified elector of this state,
42 shall be appointed
by and serve at the pleasure of the governor. The
43 legislature shall make
provision for ten member districts, each com-
2
1 prised of four
contiguous senatorial districts. The electors of each
2 member district
shall elect one person residing in the district as a
3 member of the
board. The legislature shall prescribe the manner
4 in which
vacancies occurring on the board shall be filled.
5
(b) The state board of regents shall have nine members
with
6 overlapping
terms as the legislature may prescribe. Members shall
7 be appointed by
the governor, subject to confirmation by the senate.
8 One member shall
be appointed from each congressional district
9 with the
remaining members appointed at large, however, no two
10 members shall reside
in the same county at the time of their ap-
11 pointment. Vacancies
occurring on the board shall be filled by ap-
12 pointment by the
governor as provided by law.
13
(c) Subsequent redistricting shall not disqualify any
member of
14 either board from
service for the remainder of his such
member's
15 term. Any member of
either board may be removed from office for
16 cause as may be
provided by law.
17 ``§
7. Savings clause. (a) All laws in
force at the time of the
18 adoption of this
amendment and consistent therewith shall remain
19 in full force and
effect until amended or repealed by the legislature.
20 All laws inconsistent
with this amendment, unless sooner repealed
21 or amended to conform
with this amendment, shall remain in full
22 force and effect until
July 1, 1969 2001.
23
(b) Notwithstanding any other provision of the
constitution to
24 the contrary,
no state superintendent of public instruction or
county
25 superintendent
of public instruction shall be elected after January
26 1,
1967.
27
(c) The state perpetual school fund or any part
thereof may be
28 managed and
invested as provided by law or all or any part thereof
29 may be
appropriated, both as to principal and income, to the
sup-
30 port of the
public schools supervised by the state board of
31
education.''
32 Sec. 2. The following
statement shall be printed on the ballot with
33 the amendment as a whole:
34 ``Explanatory
statement. This amendment would eliminate the
35
constitutional authority of the state board of education to
super-
36
vise the public schools without being subject to statutory
guide-
37
lines prescribed by the legislature. This amendment also would
38
increase membership on the state board of education from 10 to
39
11 members.
40
``A vote for this proposition would subject the authority of the
state
41
board of education to statutory enactments of the legislature
and
42
would increase the number of members on the state board from
43
10 to 11 with the provision that one member be appointed by
3
1
and serve at the pleasure of the governor. The other 10
members
2
would continue to be elected from 10 member districts.
3
``A vote against this proposition would retain authority in
the state
4
board of education to supervise public schools absent
statutory
5
guidelines and would retain the composition of the state
board
6
with 10 members.''
7
Sec. 3. This resolution, if approved by
two-thirds of the members
8 elected (or appointed) and qualified
to the House of Representatives, and
9 two-thirds of the members elected (or
appointed) and qualified to the
10 Senate shall be entered on the journals,
together with the yeas and nays.
11 The secretary of state shall cause this
resolution to be published as pro-
12 vided by law and shall cause the proposed
amendment to be submitted
13 to the electors of the state at the general
election in the year 2000 unless
14 a special election is called at a sooner
date by concurrent resolution of
15 the legislature, in which case it shall be
submitted to the electors of the
16 state at the special election.