Session Law

Identifying Information:L. 2003 ch. 017
Other Identifying Information:2003 Senate Bill 118
Tax Type:Other
Brief Description: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.
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Body:

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, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003