CHAPTER 150 SENATE BILL No. 361 An  Act concerning school districts; authorizing boards of education to enter into contracts
with state educational institutions and corporations controlled thereby for food service;
amending K.S.A. 1998 Supp. 72-5126 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1998 Supp. 72-5126 is hereby amended to read as
follows: 72-5126. (a) The board of education of any school district may
enter into contracts with:

      (1) The governing authority of any nonpublic school or any child-
care institution for the provision of meals for children in attendance at
such nonpublic school or child-care institution; and

      (2) the governing body of any municipality for the provision of meals
to persons for whom the municipality is responsible for providing meals.;
and

      (3) subject to the provisions of section 2, and amendments thereto,
any state educational institution or corporation whose operations are sub-
stantially controlled by a state educational institution for the provision of
meals for students, alumni and other members of the public in attendance
at functions or activities of the state educational institution.

      (b) Any contract entered into by a board of education pursuant to
the provisions of this section shall provide for payment by the nonpublic
school, child-care institution, or municipality, state educational institution
or corporation, as applicable, of the costs incurred by the school district.
Moneys received by a school district under any such contract shall be
deposited in the food service fund of the district and may be expended
whether budgeted or not.

      (c) The provisions contained in article 51 of chapter 72 of Kansas
Statutes Annotated, except the provisions contained in K.S.A. 72-5117
and 72-5118, and amendments thereto, shall apply to meals provided by
the board of education of a school district under any contract entered
into pursuant to the provisions of this section.

      (d) As used in this section, the term ``nonpublic school'' means a
nonpublic school approved by the state board of education for partici-
pation in food service programs defined in K.S.A. 72-5112, and amend-




ments thereto, the term ``child-care institution'' has the meaning ascribed
thereto in K.S.A. 72-5124, and amendments thereto, and the term ``mu-
nicipality'' means any county, township, city, or other political or taxing
subdivision of the state, or any agency, authority, institution or other in-
strumentality thereof, and the term ``state educational institution'' has the
meaning ascribed thereto in K.S.A. 76-711, and amendments thereto.

      New Sec.  2. No contract for the provision of meals pursuant to sub-
section (a)(3) of K.S.A. 72-5126, and amendments thereto, may be en-
tered into by the board of education of a school district and a state edu-
cational institution or corporation whose operations are substantially
controlled by the state educational institution unless such institution or
corporation shall have advertised for bids on such contract. A state edu-
cational institution or corporation may enter into a contract with a school
district only if fewer than two bids are received from private entities on
such contract. 
Sec.  3. K.S.A. 1998 Supp. 72-5126 is hereby repealed.
  Sec.  4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 12, 1999.
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