SESSION OF 2002

SUPPLEMENTAL NOTE ON SENATE BILL NO. 166

As Recommended by Senate Committee on Education

Brief

       SB 166 confers the power of local control on school district boards of education. This power is exercised by board resolution. School district boards are authorized to transact business and adopt policies they deem appropriate to perform their constitutional duty to maintain, develop, and operate local public schools. This delegation of power is not intended to relieve another governmental unit of duties and responsibilities prescribed by law or require a school district to assume duties and responsibilities required of another governmental unit.

Background

       SB 166 was requested by the Kansas Association of School Boards (KASB). Spokespersons for KASB and the Kansas Chamber of Commerce and Industry (KCCI) appeared as proponents of the bill. The Kansas National Education Association (KNEA) opposed it.

       KASB explained that school boards may only take actions that specifically are authorized or necessarily implied by statute. The amendments would give the districts more latitude to carry out their constitutional responsibility within the framework of existing law. KCCI expressed support for broader local control for school districts when they are considering new and innovative programs. KNEA opposed the bill on the basis of preventing mischief that might occur under the broader grant of authority to school districts.

       According to the Division of Budget, the State Board of Education reports that SB 166 would have no fiscal effect.