CHAPTER 40
SENATE BILL No. 57
(Amended by Chapter 158)
An Act concerning school districts; relating to the powers and
duties of the governing bodies
thereof; amending K.S.A. 72-8205 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 72-8205 is hereby
amended to read as follows: 72-
8205. (a) The board shall meet at least once each month. At some
time
during the month of July of each year, the board shall adopt a
resolution
specifying a regular meeting time of the board and such resolution
shall
specify the regular hour of commencement of the meeting, as well as
the
day of the week and the week of the month. Such resolution
shall also
shall provide that if the regular meeting date occurs on a
Sunday or on a
legal holiday or on a holiday specified by the board, such regular
meeting
shall be held on the day following commencing at the same hour.
Such
resolution shall also shall specify the
regular meeting place of the board
and may specify that any regular meeting may be adjourned to
another
time and place. Special meetings may be called at any time by the
pres-
ident of the board or by joint action of any three members
thereof. of the
board. Unless waived, written notice, stating the time and
place of any
special meeting and the purpose for which called, shall,
unless waived,
shall be given each member of the board at least two days in
advance of
the special meeting and no business other than that stated in the
notice
shall be transacted at such meeting. A majority of the full
membership
of the board shall constitute a quorum for the purpose of
conducting any
business of the school district, and the vote of a majority of the
full mem-
bership of the board shall be required for the passage of any
motion or
resolution. Any member who abstains from voting shall be counted
as
having voted against the motion or resolution. If a member
announces a
conflict of interest with regard to the issue, the member may leave
the
meeting until the voting on the issue is concluded and the member
who
abstains from voting thereby shall not be counted as having
voted.
(b) Except as otherwise provided in the
unification acts by law, the
board shall have and may exercise the same powers and authorities
as
were immediately prior to this act conferred uniformly upon boards
of
education in cities of the first class, and, in addition thereto,
the powers
and authority expressly conferred by law.
(c) The board shall have authority to prescribe courses
of study for
each year of the school program and provide to
adopt rules and regula-
tions for teaching in the school district and general government
thereof,
and to approve and adopt suitable textbooks and study material for
use
therein subject to the plans, methods, rules and regulations
formulated
and recommended by of the state board of
education.
(d) The board may provide legal counsel at district
expense to any
members of the board of education, or school district officers or
employ-
ees who are sued in situations relating to and arising out of the
perform-
ance of their office or employment. No teacher or other
employment
contract shall make reference to or incorporate the provisions of
this
subsection, nor shall the provisions of this subsection be
construed as any
part of the consideration of employment of any teacher, officer or
other
employee of the board.
(e) (1) The board may transact all school
district business and adopt
policies that the board deems appropriate to perform its
constitutional
duty to maintain, develop and operate local public
schools.
(2) The power granted by this subsection shall not be
construed to
relieve a board from compliance with state law.
The power granted by this subsection shall not be
construed to relieve
any other unit of government of its duties and responsibilities
which are
prescribed by law, nor to create any responsibility on the part
of a school
district to assume the duties or responsibilities which are
required of an-
other unit of government.
(3) The board shall exercise the power granted by
this subsection by
resolution of the board of education.
Sec. 2. K.S.A. 72-8205 is hereby repealed.
Sec. 3. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 10, 2003.
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