Ch. 35             1997 Session Laws of Kansas             95

An Act concerning special education services; relating to termination of agreements entered
into by school districts for the provision of such services; amending K.S.A. 72-968 and 72-8230 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 72-968 is hereby amended to read as follows: 72-
968. (a) The boards of any two or more school districts within or outside
the state may make and enter into agreements providing for cooperative
operation and administration in providing special education services for
exceptional children on a shared-cost basis, subject to the following:

(1) The An agreement shall be effective only after approval by the
state board, which approval shall be granted if the special education serv-

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ices provided for in such agreement meet standards and criteria set by
the state board in accordance with the state plan.

(2) (A) The duration of the an agreement shall be perpetual but the
agreement may be partially or completely terminated as hereinafter pro-
vided.

(B) Partial termination of the an agreement made and entered into
by the boards of three or more school districts may be accomplished only
upon petition for withdrawal from the agreement made by a contracting
school district to the other contracting school district or school districts
and approval by the state board of written consent to the petition by such
other school district or school districts or upon order of the state board
after appeal to it by a school district from denial of consent to a petition
for withdrawal and hearing thereon conducted by the state board. The
state board shall consider all the testimony and evidence brought forth
at the hearing and issue its an order approving or disapproving withdrawal
by the school district from the agreement.

(C) Complete termination of an agreement made and entered into by
the boards of two school districts may be accomplished upon approval by
the state board of a joint petition made to the state board for termination
of the agreement by both of the contracting school districts after adoption
of a resolution to that effect by each of the contracting school districts or
upon petition for withdrawal from the agreement made by a contracting
school district to the other contracting school district and approval by the
state board of written consent to the petition by such other school district
or upon order of the state board after appeal to it by a school district
from denial of consent to a petition for withdrawal and hearing thereon
conducted by the state board. The state board shall consider all the tes-
timony and evidence brought forth at the hearing and issue an order
approving or disapproving withdrawal by the school district from the
agreement.

(C) (D) Complete termination of the an agreement made and entered
into by the boards of three or more school districts may be accomplished
only upon approval by the state board of a joint petition to it made to the
state board for termination of the agreement by all not less than 2/3 of the
contracting school districts after adoption of a resolution to that effect by
each of the contracting school districts seeking termination of the agree-
ment. The state board shall consider the petition and approve or disap-
prove termination of the agreement.

(D) (E) The state board shall take such action in approving or dis-
approving a the complete or partial termination of an agreement as it the
state board deems to be in the best interests of the involved school dis-
tricts and of the state as a whole in the provision of special education
services for exceptional children. Whenever the state board has disap-
proved a the complete or partial termination of an agreement, no further

Ch. 35             1997 Session Laws of Kansas             97

action with respect to such agreement shall be considered or taken by
the state board for a period of not less than three years.

(3) The An agreement shall designate the sponsoring school district
and shall provide for a separate fund thereof, to which each contracting
district shall pay the moneys due from it under the agreement. Any school
district which is a party to the an agreement may be designated the spon-
soring district.

(4) The An agreement shall specify the method or methods to be
employed for disposing of property upon partial or complete termination.

(5) Within the limitations provided by law, the an agreement may be
changed or modified by mutual consent of the contracting school districts.

(6) The An agreement shall be subject to change or termination by
the legislature.

(b) The provisions of this section apply to every agreement entered
into under authority of this section after the effective date of this act and
to every agreement entered into under this section prior to the effective
date of this act, and extant on the effective date of this act, regardless of
any provisions in such agreement to the contrary.

Sec. 2. K.S.A. 72-8230 is hereby amended to read as follows: 72-
8230. (a) In the event the boards of education of any two or more school
districts enter into a school district interlocal cooperation agreement for
the purpose of jointly and cooperatively performing any of the services,
duties, functions, activities, obligations or responsibilities which are au-
thorized or required by law to be performed by school districts of this
state, the following conditions shall apply:

(1) A school district interlocal cooperation agreement shall establish
a board of directors which shall be responsible for administering the joint
or cooperative undertaking. The agreement shall specify the organization
and composition of and manner of appointment to the board of directors.
Only members of boards of education of school districts party to the
agreement shall be eligible for membership on the board of directors.
The terms of office of members of the board of directors shall expire
concurrently with their terms as board of education members. Vacancies
in the membership of the board of directors shall be filled within 30 days
from the date of the vacancy in the manner specified in the agreement.

(2) A school district interlocal cooperation agreement may provide
for the establishment and composition of an executive board. The mem-
bers of the executive board, if established, shall be selected by the board
of directors from its membership. The executive board shall exercise the
powers, have the responsibilities, and perform the duties and functions
of the board of directors to the extent authority to do so is delegated by
the board of directors.

(3) A school district interlocal cooperation agreement shall be effec-
tive only after approval by the state board of education.

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(4) A school district interlocal cooperation agreement shall be subject
to change or termination by the legislature.

(5) The duration of a school district interlocal cooperation agreement
for joint or cooperative action in performing any of the services, duties,
functions, activities, obligations or responsibilities, other than the provi-
sion of special education services, which are authorized or required by
law to be performed by school districts of this state, shall be for a term
of at least three years but not exceeding five years.

(6) (A) The duration of a school district interlocal cooperation agree-
ment for joint or cooperative action in providing special education serv-
ices shall be perpetual unless the agreement is partially or completely
terminated in accordance with this provision. This provision applies to
every school district interlocal cooperation agreement for the provision
of special education services entered into under authority of this section
after the effective date of this act and to every such agreement entered
into under this section prior to the effective date of this act, and extant
on the effective date of this act, regardless of any provisions in such an
agreement to the contrary.

(B) Partial termination of a school district interlocal cooperation
agreement for the provision of special education services made and en-
tered into by the boards of three or more school districts may be accom-
plished only upon petition for withdrawal from the agreement by a con-
tracting school district to the other contracting school district or school
districts and approval by the state board of written consent to the petition
by such other school district or school districts or upon order of the state
board after appeal to it by a school district from denial of consent to a
petition for withdrawal and hearing thereon conducted by the state board.
The state board shall consider all the testimony and evidence brought
forth at the hearing and issue its an order approving or disapproving
withdrawal by the school district from the agreement.

(C) Complete termination of a school district interlocal cooperation
agreement for the provision of special education services made and en-
tered into by the boards of two school districts may be accomplished upon
approval by the state board of a joint petition made to the state board for
termination of the agreement by both of the contracting school districts
after adoption of a resolution to that effect by each of the contracting
school districts or upon petition for withdrawal from the agreement made
by a contracting school district to the other contracting school district and
approval by the state board of written consent to the petition by such
other school district or upon order of the state board after appeal to it by
a school district from denial of consent to a petition for withdrawal and
hearing thereon conducted by the state board. The state board shall con-
sider all the testimony and evidence brought forth at the hearing and
issue an order approving or disapproving withdrawal by the school dis-
trict from the agreement.

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(C) (D) Complete termination of a school district interlocal cooper-
ation agreement for the provision of special education services made and
entered into by the boards of three or more school districts may be ac-
complished only upon approval by the state board of a joint petition made
to it the state board for termination of the agreement by all not less than
2/3 of the contracting school districts after adoption of a resolution to that
effect by each of the contracting school districts seeking termination of
the agreement. The state board shall consider the petition and approve
or disapprove termination of the agreement.

(D) (E) The state board shall take such action in approving or dis-
approving a the complete or partial termination of a school district inter-
local cooperation agreement for the provision of special education serv-
ices as it the state board deems to be in the best interests of the involved
school districts and of the state as a whole in the provision of special
education services for exceptional children. Whenever the state board has
disapproved a the complete or partial termination of such an agreement,
no further action with respect to such agreement shall be considered or
taken by the state board for a period of not less than three years.

(7) A school district interlocal cooperation agreement shall specify
the method or methods to be employed for disposing of property upon
partial or complete termination thereof.

(8) Within the limitations provided by law, a school district interlocal
cooperation agreement may be changed or modified by mutual consent
affirmative vote of not less than 2/3 of the contracting school districts.

(b) Except as otherwise specifically provided in this subsection, any
power or powers, privileges or authority exercised or capable of exercise
by any school district of this state, or by any board of education thereof,
may be jointly exercised pursuant to the provisions of a school district
interlocal cooperation agreement. No power or powers, privileges or au-
thority with respect to the levy and collection of taxes, the issuance of
bonds, or the purposes and provisions of the school district finance and
quality performance act or title I of public law 874 shall be created or
effectuated for joint exercise pursuant to the provisions of a school district
interlocal cooperation agreement.

(c) Payments from the general fund of each school district which
enters into any school district interlocal cooperation agreement for the
purpose of financing the joint or cooperative undertaking provided for by
the agreement shall be operating expenses.

(d) Upon partial termination of a school district interlocal cooperation
agreement, the board of directors established under a renegotiated agree-
ment thereof shall be the successor in every respect to the board of di-
rectors established under the former agreement.

(e) Nothing contained in this section shall be construed to abrogate,
interfere with, impair, qualify or affect in any manner the exercise and
enjoyment of all of the powers, privileges and authority conferred upon

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school districts and boards of education thereof by the provisions of the
interlocal cooperation act, except that boards of education and school
districts are required to comply with the provisions of this section when
entering into an interlocal cooperation agreement that meets the defini-
tion of school district interlocal cooperation agreement.

(f) As used in this section:

(1) ``School district interlocal cooperation agreement'' means an
agreement which is entered into by the boards of education of two or
more school districts pursuant to the provisions of the interlocal coop-
eration act.

(2) ``State board'' means the state board of education.

Sec. 3. K.S.A. 72-968 and 72-8230 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 31, 1997.