As Amended by Senate Committee
Session of 2000
SENATE BILL No. 552
By Senator Brownlee
2-2
10 AN ACT
concerning school districts; conferring the power of home rule
11 on boards of
education; authorizing the collection of fees for
trans-
12 portation of
pupils; amending K.S.A. 72-8205 and K.S.A.
1999
13 Supp. 72-8302
and repealing the existing section
sections.
14
15 Be it enacted by the Legislature of the
State of Kansas:
16 Section
1. K.S.A. 72-8205 is hereby amended to read as follows:
72-
17 8205. (a) The board of education
shall meet at least once each month. At
18 some time during the month of July of each
year, the board shall adopt
19 a resolution specifying a regular meeting
time of the board and such
20 resolution shall specify the regular hour
of commencement of the meet-
21 ing, as well as the day of the week and the
week of the month. Such
22 resolution shall also provide that if the
regular meeting date occurs on a
23 Sunday or on a legal holiday or on a
holiday specified by the board, such
24 regular meeting shall be held on the day
following commencing at the
25 same hour. Such resolution shall also
specify the regular meeting place
26 of the board and may specify that any
regular meeting may be adjourned
27 to another time and place. Special meetings
may be called at any time by
28 the president of the board or by joint
action of any three members
29 thereof. Written notice, stating the time
and place of any special meeting
30 and the purpose for which called, shall,
unless waived, be given each
31 member of the board at least two days in
advance of the special meeting
32 and no business other than that stated in
the notice shall be transacted
33 at such meeting. A majority of the full
membership of the board shall
34 constitute a quorum for the purpose of
conducting any business of the
35 school district, and the vote of a majority
of the full membership of the
36 board shall be required for the passage of
any motion or resolution. Any
37 member who abstains from voting shall be
counted as having voted
38 against the motion or resolution. If a
member announces a conflict of
39 interest with regard to the issue, the
member may leave the meeting until
40 the voting on the issue is concluded and
the member who abstains from
41 voting thereby shall not be counted as
having voted.
42 (b) Except as
otherwise provided in the unification acts, the board of
43 education shall have and may
exercise the same powers and authorities
2
1 as were immediately prior to this act
conferred uniformly upon boards of
2 education in cities of the first
class, and, in addition thereto, the powers
3 and authority expressly conferred by
law including the power of local
4 control to determine local affairs
and government as provided under sub-
5 section (e).
6 (c) The
board of education shall have authority to prescribe
courses
7 of study for each year of the school
program and provide rules and reg-
8 ulations for teaching in the school
district and general government
9 thereof, and to approve and adopt
suitable textbooks and study material
10 for use therein subject to the plans,
methods, rules and regulations for-
11 mulated and recommended by the state board
of education.
12 (d) The board
of education may provide legal counsel at district ex-
13 pense to any members of the board of
education, or school district officers
14 or employees who are sued in situations
relating to and arising out of the
15 performance of their office or employment.
No teacher or other employ-
16 ment contract shall make reference to or
incorporate the provisions of
17 this subsection, nor shall the provisions
of this subsection be construed
18 as any part of the consideration of
employment of any teacher, officer or
19 other employee of the board.
20 (e)
(1) The board of education may transact all school district
busi-
21 ness and adopt policies that the board
deems appropriate to perform its
22 constitutional duty to maintain, develop
and operate local public schools,
23 subject to the following
limitations:
24 (A) School
districts shall be subject to all acts of the legislature
and
25 all rules and regulations of the state
board of education which apply to
26 all unified school districts.
27 (B) School
districts may not consolidate or alter school district
bound-
28 aries except as provided by law.
29 (C) School
districts may not affect the courts located therein.
30 (D) School
districts shall be subject to acts of the legislature
prescrib-
31 ing limits of indebtedness.
32 (E) School
districts shall be subject to all acts of the legislature
con-
33 cerning elections.
34 (F) School
districts may levy and collect taxes only in conformity
with
35 acts of the legislature which
specifically confer such authority.
36 (G) In the
exercise of the power and authority conferred by this sub-
37 section, the home rule power conferred
on cities and counties shall not be
38 superseded or impaired without the
consent of the governing body of each
39 city or county which may be
affected.
40 (H) School
districts may not adopt policies which modify, diminish
41 or reinterpret state or federal laws
which affect school district employees.
42
(I) Notwithstanding any other provisions of this act, school
districts
43 shall not adopt policies which interfere
with the public policy of this state
3
1 set forth in subsection
(b) of K.S.A. 1998 1999 Supp. 38-141, and
amend-
2 ments thereto
set forth in subsection (b) of K.S.A. 1999 Supp.
38-141,
3 and amendments
thereto.
4 (2) The
power and authority conferred on school districts by this
sub-
5 section shall not be construed to
relieve any other unit of government of
6 its duties and responsibilities
which are prescribed by law, nor to create
7 any responsibility on the part of
a school district to assume the duties or
8 responsibilities which are
required of another unit of government.
9
(3) School districts shall exercise the powers of local
control conferred
10 by this subsection by resolution of the
board of education.
11 Sec. 2. K.S.A. 1999 Supp.
72-8302 is hereby amended to read
12 as follows: 74-8302. (a) The board of
education of a school district
13 may provide or furnish transportation
for pupils who are enrolled
14 in the school district to or from any
school of the school district or
15 to or from any school of another
school district attended by such
16 pupils in accordance with the
provisions of an agreement entered
17 into under authority of K.S.A.
72-8233, and amendments thereto.
18 (b)
(1) When any or all of the conditions specified in this
pro-
19 vision exist, the board of education
of a school district shall provide
20 or furnish transportation for pupils
who reside in the school district
21 and who attend any school of the
school district or who attend any
22 school of another school district in
accordance with the provisions
23 of an agreement entered into under
authority of K.S.A. 72-8233, and
24 amendments thereto. The conditions
which apply to the require-
25 ments of this provision are as
follows:
26 (A) The
residence of the pupil is inside or outside the
corporate
27 limits of a city, the school building
attended is outside the corporate
28 limits of a city and the school
building attended is more than 2 1/2
29 miles by the usually traveled road
from the residence of the pupil;
30 or
31 (B) the
residence of the pupil is outside the corporate limits
of
32 a city, the school building attended
is inside the corporate limits of
33 a city and the school building
attended is more than 21/2 miles by
34 the usually traveled road from the
residence of the pupil; or
35 (C) the
residence of the pupil is inside the corporate limits
of
36 one city, the school building
attended is inside the corporate limits
37 of a different city and the school
building attended is more than 21/2
38 miles by the usually traveled road
from the residence of the pupil.
39 (2) The
provisions of this subsection are subject to the provi-
40 sions of subsections (c) and
(d).
41 (c) The
board of education of every school district is
authorized
42 to adopt rules and regulations to
govern the conduct, control and
43 discipline of all pupils while being
transported in school buses. The
4
1 board may suspend or revoke the
transportation privilege or enti-
2 tlement of any pupil who
violates any rules and regulations adopted
3 by the board under authority of
this subsection.
4
(d) The board of education of every school district may
suspend
5 or revoke the transportation
privilege or entitlement of any pupil
6 who is detained at school at
the conclusion of the school day for
7 violation of any rules and
regulations governing pupil conduct or
8 for disobedience of an order of
a teacher or other school authority.
9 Suspension or revocation of the
transportation privilege or entitle-
10 ment of any pupil specified in this
subsection shall be limited to the
11 school day or days on which the pupil
is detained at school. The
12 provisions of this subsection do not
apply to any pupil who has been
13 determined to be an exceptional
child, except gifted children, under
14 the provisions of the special
education for exceptional children act.
15 (e)
(1) Subject to the limitations specified in this subsection,
the
16 board of education of any school
district may prescribe and collect fees
17 to offset, totally or in part, the costs
incurred for the provision or fur-
18 nishing of transportation for pupils.
The limitations which apply to the
19 authorization granted by this subsection
are as follows:
20 (A) Fees for
the provision or furnishing of transportation for pupils
21 shall be prescribed and collected only
to recover the costs incurred as a
22 result of and directly attributable to
the provision or furnishing of trans-
23 portation for pupils and only to the
extent that such costs are not reim-
24 bursed from any other source provided by
law;
25 (B) fees for
the provision or furnishing of transportation may not be
26 assessed against or collected from any
pupil who is counted in determining
27 the transportation weighting of the
school district under the provisions of
28 the school district finance and quality
performance act or any pupil who
29 is determined to be a child with
disabilities under the provisions of the
30 special education for exceptional
children act or any pupil who is eligible
31 for free or reduced price meals under
the national school lunch act or any
32 pupil who is entitled to transportation
under the provisions of subsection
33 (a) of K.S.A. 72-8306, and amendments
thereto, and who resides 21/2 miles
34 or more by the regular route of a school
bus from the school attended;
35 (C) fees for
the provision or furnishing of transportation for pupils in
36 accordance with the provisions of an
agreement entered into under au-
37 thority of K.S.A. 72-8233 or 72-8307,
and amendments thereto, shall be
38 controlled by the provisions of the
agreement.
39 (2) All moneys
received by a school district from fees collected under
40 this subsection shall be deposited in
the transportation fund of the district.
41 Sec.
2. 3. K.S.A. 72-8205
is and K.S.A. 1999 Supp. 72-8302
are
42 hereby repealed.
5
1 Sec. 3.
4. This act shall take effect and be in force
from and after its
2 publication in the statute book.