SESSION OF 2002

SUPPLEMENTAL NOTE ON

SUBSTITUTE FOR SENATE BILL NO. 394

As Recommended by Senate Committee on

Education

Brief

       Sub. for SB 394 repeals five statutes which establish procedures for the closure of school buildings in Shawnee Mission USD 512.

       (The repeal of these sections of law would result in Shawnee Mission USD 512 being governed by KSA 72-8213. Under that law, in school districts with enrollment of 1,600 or more, school buildings may be closed by a majority vote of the board upon a finding that the building should be closed to improve the school system of the district.)

Background

       SB 394, as introduced, applied to all school district boards of education and authorized them to close school buildings whenever the board found that so doing would improve the district’s school system. This action would have required a majority vote of the members of the board.

       The amendment adopted by the Senate Committee on Education was proposed by Senator Vratil who explained that the amendment was intended to apply only to Shawnee Mission USD 512 and to conform the school closing procedures applicable in that school district to that which applies to all school districts with enrollments of 1,600 or more.

       The lobbyist for Shawnee Mission USD 512 appeared as a proponent for the bill, including the amended version. The Kansas Association of School Boards endorsed the bill, as amended, and urged introduction of a bill that would extend the provisions of the law that apply to school district with enrollments of 1,600 and over to all school districts. There were no other conferees.

       Under current law, when the Shawnee Mission school board desires to close a school building, it must follow a series of procedures which culminate in a public hearing on the proposal. Subsequent to the hearing, the school board makes a final decision regarding closing of the facility. That decision is subject to a 5.0 percent protest petition election (5.0 percent of the registered electors residing in the school board member district in which the building is located). If, at such an election, the electors of the school board member district vote against closing the facility, it may not be closed.

       The Division of Budget notes that the State Board of Education reports SB 394 would have no fiscal effect on the State Department of Education.