CHAPTER 134 SENATE BILL No. 7 An  Act concerning educational institutions; concerning educational benefits; concerning
technical colleges; relating to the governing body thereof; relating to the powers and
duties thereof; relating to the powers and duties of the state board of regents; amending
K.S.A. 72-4470 and K.S.A. 2002 Supp. 75-4364 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 72-4470 is hereby amended to read as follows: 72-
4470. (a) Except as provided by section 2, and amendments thereto, the
governing body of a technical college shall be the board of the former
area vocational school or the board of control of the former area voca-
tional-technical school, whichever is applicable. Such board or board of
control shall operate, control and manage a technical college in the same
manner and to the same extent that was provided by law for the operation,
management and control of the former area vocational school or area
vocational-technical school and nothing in this act shall be applied or
construed in any manner so as to change or affect any power, duty or
function of a board or board of control with respect to such operation,
management and control.

      (b) The board or board of control of a technical college, in addition
to such other powers expressly granted by law and subject to rules and
regulations of the state board of regents, is hereby granted the following
powers:

      (1) To determine the vocational, technology, and general education
courses of instruction that will comprise the associate of applied science
degree programs of the college;

      (2) to establish the requirements for satisfactory completion of the
associate of applied science degree programs of the college;

      (3) to confer the associate of applied science degree upon students
who successfully complete an associate of applied science degree program
of the college and to award a certificate or diploma to students who suc-
cessfully complete a vocational education program of the college; and

      (4) to appoint teaching staff and to fix and determine teacher quali-
fications, duties and compensation. No teacher appointed to teach courses
comprising the associate of applied science degree programs of the col-
lege shall be required to meet certification requirements greater than
those required in the state educational institutions.

      (c) The provisions of this section shall expire on June 30, 2009.

      New Sec.  2. (a) On or before July 1, 2005, all technical college boards
shall develop and present to the state board of regents a plan to replace
the governing body described in K.S.A. 72-4470, and amendments
thereto, with a new governing board, which shall be separate and inde-
pendent of any board of education of any school district, to operate, con-
trol and manage the technical college. The plan shall include, but not be
limited to, provisions relating to:

      (1) The composition of the independent governing board;

      (2) the territory of the technical college. If the territory of the tech-
nical college includes more than one county, the plan shall designate a
home county;

      (3) the method of election or appointment and the terms of service
of the members of the independent governing board;

      (4) the date upon which the independent governing board shall as-
sume management and control of the technical college;

      (5) the manner, terms upon which and extent to which the facilities,
will be transferred to the independent governing board and the division
of other assets and indebtedness and other liabilities; and

      (6) the manner and terms upon which faculty, employees and stu-
dents will be transferred to the independent governing board. Subject to
the provisions of section 3, and amendments thereto, such provisions shall
specify terms of employment and address other personnel matters.

      (b)  (1) Upon approval of the plan by the state board of regents and
the governing body of the technical college which submitted the plan,
and on the date determined in the approved plan, the independent gov-
erning board established under subsection (a) of this section shall operate
subject to the rules, regulations and supervision of the state board of
regents in the same manner as other technical colleges, technical schools
and area vocational technical schools.

      (2) After June 30, 2007, if the governing body of the technical college
and the state board of regents have not approved a plan submitted pur-
suant to subsection (a), the state board of regents shall have the power
to approve the plan and upon such approval and on the date determined
in the approved plan, the independent governing board established pur-
suant to subsection (a) shall operate subject to the rules, regulations and
supervision of the state board of regents in the same manner as other
technical colleges, technical schools and area vocational technical schools.

      (c) In addition to such other powers expressly granted by law and
subject to the provisions of subsection (b), the governing board shall have
the power to:

      (1) Determine the vocational, technology and general education
courses of instruction that will comprise the associate of applied science
degree programs of the college;

      (2) establish the requirements for satisfactory completion of the as-
sociate of applied science degree programs of the college;

      (3) confer the associate of applied science degree upon students who
successfully complete an associate of applied science degree program of
the college and to award a certificate or diploma to students who suc-
cessfully complete a vocational education program of the college; and

      (4) appoint teaching staff and to fix and determine teacher qualifi-
cations, duties and compensation. No teacher appointed to teach courses
comprising the associate of applied science degree programs of the col-
lege shall be required to meet certification requirements greater than
those required in the state educational institutions.

      New Sec.  3. (a) Any faculty member or employee of a school district
whose employment is transferred to a technical college pursuant to sec-
tion 2, and amendments thereto, shall retain all accrued sick leave, va-
cation leave and personal leave accrued at the time of such transfer.

      (b) Any faculty member or employee of a school district whose em-
ployment is transferred to a technical college pursuant to section 2, and
amendments thereto, shall remain eligible for any early retirement in-
centive program or benefits as if no transfer had occurred.

      (c) Any faculty member or employee of a school district whose em-
ployment is transferred to a technical college pursuant to section 2, and
amendments thereto, shall retain salary as if no transfer had occurred.

      (d) Any faculty member or employee of a school district whose em-
ployment is transferred to a technical college pursuant to section 2, and
amendments thereto, shall retain earned due process protections and
rights as if no transfer had occurred.

      Sec.  4. K.S.A. 2002 Supp. 75-4364 is hereby amended to read as
follows: 75-4364. (a) As used in this section:

      (1) ``Kansas educational institution'' means and includes area voca-
tional schools, area vocational-technical schools, community colleges, the
municipal university, state educational institutions, and technical colleges.

      (2) ``Public safety officer'' means a law enforcement officer or a fire-
fighter or an emergency medical services attendant.

      (3) ``Law enforcement officer'' means a person who by virtue of office
or public employment is vested by law with a duty to maintain public
order or to make arrests for violation of the laws of the state of Kansas
or ordinances of any municipality thereof or with a duty to maintain or
assert custody or supervision over persons accused or convicted of crime,
and includes wardens, superintendents, directors, security personnel, of-
ficers and employees of adult and juvenile correctional institutions, jails
or other institutions or facilities for the detention of persons accused or
convicted of crime, while acting within the scope of their authority.

      (4) ``Firefighter'' means a person who is: (1) Employed by any city,
county, township or other political subdivision of the state and who is
assigned to the fire department thereof and engaged in the fighting and
extinguishment of fires and the protection of life and property therefrom;
or (2) a volunteer member of a fire district, fire department or fire com-
pany.

      (5) ``Emergency medical services attendant'' means a first responder,
emergency medical technician, emergency medical technician-interme-
diate, emergency medical technician-defibrillator or a mobile intensive
care technician certified by the emergency medical services board pur-
suant to the statutory provisions contained in article 61 of chapter 65 of
Kansas Statutes Annotated.

      (6) ``Dependent'' means (A) a birth child, adopted child or stepchild
of a public safety officer or (B) any child other than the foregoing who is
actually dependent in whole or in part on a public safety officer and who
is related to the public safety officer by marriage or consanguinity.

      (7) ``State board'' means the state board of regents.

      (b) Every Kansas educational institution shall provide for enrollment
without charge of tuition or fees for any dependent of a public safety
officer who died as the result of injury sustained while performing duties
as a public safety officer so long as such dependent is eligible. Any such
dependent shall be eligible for enrollment at a Kansas educational insti-
tution without charge of tuition or fees for not to exceed eight semesters
of undergraduate instruction, or the equivalent thereof, at all such insti-
tutions, in the aggregate, for any such dependent.

      (c) Subject to appropriations therefor, any Kansas educational insti-
tution, at which enrollment, without charge of tuition or fees, of the de-
pendent of a deceased public safety officer is provided for under subsec-
tion (b), may file a claim with the state board for reimbursement of the
amount of such tuition and fees. The state board shall be responsible for
payment of reimbursements to Kansas educational institutions upon cer-
tification by each such institution of the amount of reimbursement to
which entitled. Payments to Kansas educational institutions shall be made
upon vouchers approved by the state board and upon warrants of the
director of accounts and reports. Payments may be made by issuance of
a single warrant to each Kansas educational institution at which one or
more eligible dependents are enrolled for the total amount of tuition and
fees not charged eligible dependents for enrollment at that institution.
The director of accounts and reports shall cause such warrant to be de-
livered to the Kansas educational institution at which such eligible de-
pendent or dependents are enrolled. If an eligible dependent discontin-
ues attendance before the end of any semester, after the Kansas
educational institution has received payment under this subsection, the
institution shall pay to the state the entire amount which such eligible
dependent would otherwise qualify to have refunded, not to exceed the
amount of the payment made by the state in behalf of such dependent
for the semester. All amounts paid to the state by Kansas educational
institutions under this subsection shall be deposited in the state treasury
and credited to the state general fund.

      (d) The state board shall adopt rules and regulations for administra-
tion of the provisions of this section and shall determine the qualification
of persons as dependents of public safety officers and the eligibility of
such persons for the benefits provided for under this section.

      Sec.  5. K.S.A. 72-4470 and K.S.A. 2002 Supp. 75-4364 are hereby
repealed.

      Sec.  6. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 21, 2003.
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