CHAPTER 17
SENATE BILL No. 118
An Act concerning the state board of education; relating to
rules and regulations; amending
K.S.A. 72-7514b and repealing the existing section; also
repealing K.S.A. 72-7514a.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 72-7514b is
hereby amended to read as follows: 72-
7514b. (a) Every rule and regulation which is
adopted by the state board
of education whether pursuant to statutory authority of the
board or
pursuant to authority granted to the board under section 2 of
article 6 of
the constitution of the state of Kansas and which is not
adopted pursuant
to statutory authority of the board, shall
be adopted and filed by the state
board of education and filed as a rule and regulation as
provided in this
section in the manner provided by the rules and
regulations filing act.
(b) Prior to the adoption of such
rule and regulation, the state board
of education shall give at least 30 days' notice of its
intended action in
the Kansas register and hold a public hearing thereon. The
notice shall
be published in the Kansas register and shall contain a
summary of the
substance of the proposed rule and regulation along with
the full text of
any such rule and regulation to be considered at the
hearing. Such notice
shall state the time and place of the public hearing to be
held thereon
and the manner in which interested parties may present
their views
thereon. Publication of such notice in the Kansas register
shall constitute
notice to all parties affected by the rule and regulation.
On the date of
the hearing, all interested parties shall be given
reasonable opportunity
to present their views or arguments on adoption of the rule
and regula-
tion, either orally or in writing.
(c) The rule and regulation shall
be adopted at a meeting which is
open to the public and shall not be adopted unless it
receives approval
by roll call vote of a majority of the total membership of
the state board
of education.
(d) Each rule and regulation
adopted by the state board of education
shall be filed in triplicate with the secretary of state
and shall indicate that
such rule and regulation was adopted pursuant to authority
granted to
the state board of education under section 2 of article 6
of the constitution
of the state of Kansas. The state board of education shall
number each
section with a distinguishing number. Upon filing, the
secretary of state
shall assign a distinguishing number to each section for
purposes of pub-
lication in the annual supplement to the Kansas
administrative regula-
tions.
(e) All rules and regulations
adopted and filed with the secretary of
state in accordance with the provisions of this section on
or before De-
cember 31 in any year shall be published in the annual
supplement to the
Kansas administrative regulations which is published during
the next suc-
ceeding year after the year in which such rules and
regulations were filed
unless otherwise directed by the state rules and
regulations board.
(f) As used in this section,
``rule and regulation'' means a standard,
statement of policy, procedure or practice or general
order, including
amendments or revocations thereof, of general application
which is
adopted by the state board of education pursuant to
authority granted to
the board under section 2 of article 6 of the constitution
of the state of
Kansas and which is not adopted pursuant to statutory
authority of the
board.
Sec. 2. K.S.A. 72-7514a and 72-7514b are hereby
repealed.
Sec. 3. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved March 26, 2003.
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