Session Law

Identifying Information:L. 2002 ch. 167
Other Identifying Information:2002 Senate Bill 551
Tax Type:Other
Brief Description:An Act concerning schools and school districts; relating to powers and duties of the governing body thereof; relating to consolidation of districts and the transfer of territory; relating to community service programs; amending K.S.A. 12-105b and 72-5413 and K.S.A. 2001 Supp. 72-6445, 72-7108 and 72-8233; also repealing K.S.A. 72-8213.
Keywords:


Body:

CHAPTER 167

SENATE BILL No. 551


An Act concerning schools and school districts; relating to powers and duties of the gov-

erning body thereof; relating to consolidation of districts and the transfer of territory;

relating to community service programs; amending K.S.A. 12-105b and 72-5413 and


K.S.A. 2001 Supp. 72-6445, 72-7108 and 72-8233; also repealing K.S.A. 72-8213.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2001 Supp. 72-6445 is hereby amended to read as

follows: 72-6445. (a) For the purposes of the school district finance and

quality performance act, and notwithstanding any provision of the act to

the contrary, state financial aid for any district formed by consolidation

in accordance with the statutory provisions contained in article 87 of chap-

ter 72 of Kansas Statutes Annotated shall be computed by the state board

of education as follows:

(a) (1) Determine the amount in the school year preceding the school

year in which the consolidation is effectuated of the state financial aid of

each of the former districts of which the consolidated district is composed;

(b) (2) add the amounts determined under (a) subsection (a)(1). The

If the consolidation is effectuated commencing with the 2001-2002 school

year and prior to July 1, 2004, the sum is the state financial aid of the

consolidated district for the school year in which the consolidation is ef-

fectuated and for the next succeeding school year.. For the next succeed-

ing three school years, the state financial aid shall be the greater of: (1)

The amount received in the preceding school year; or (2) the amount the

district would receive under the school district finance and quality per-

formance act prior to amendment by this section. If the consolidation is

effectuated on or after July 1, 2004, the sum is the state financial aid of

the consolidated district for the school year in which the consolidation is

effectuated. For the next school year, the state financial aid shall be the

greater of: (1) The amount received in the preceding school year; or (2)

the amount the district would receive under the school district finance

and quality performance act prior to amendment by this section.

(b) The provisions of this subsection shall apply only if a school dis-

trict is disorganized in accordance with article 73 of chapter 72 of the

Kansas Statutes Annotated, and amendments thereto, and if all the ter-

ritory which comprised such disorganized district is attached to a single

school district.

For the purposes of the school district finance and quality performance

act, and notwithstanding any provision of the act to the contrary, state

financial aid for any school district to which this subsection applies, shall

be computed by the state board of education as follows:

(1) Determine the amount in the school year preceding the school year

in which the attachment of territory is effectuated of the state financial

aid of each of the former districts of which the enlarged district is com-

posed;

(2) add the amounts determined under subsection (b)(1). If the at-

tachment is effectuated commencing with the 2001-2002 school year and

prior to July 1, 2004, the sum is the state financial aid of the district for

the school year in which the attachment is effectuated. For the next suc-

ceeding three school years, the state financial aid shall be the greater of:

(1) The amount received in the preceding school year; or (2) the amount

the district would receive under the school district finance and quality

performance act prior to amendment by this section. If the attachment is

effectuated on or after July 1, 2004, the sum is the state financial aid of

the district for the school year in which the attachment is effectuated. For

the next school year, the state financial aid shall be the greater of: (1) The

amount received in the preceding school year; or (2) the amount the dis-

trict would receive under the school district finance and quality perform-

ance act prior to amendment by this section.

The provisions of this subsection shall apply to any school district to

which all of the territory of a disorganized district has been attached

pursuant to an order issued by the state board of education during school

year 2001-2002, or any time thereafter, under article 73 of chapter 72 of

the Kansas Statutes Annotated, and amendments thereto.

Sec. 2. K.S.A. 2001 Supp. 72-7108 is hereby amended to read as

follows: 72-7108. (a) Transfers of territory from one unified district to

another unified district shall be made only as follows: (a)

(1) Upon the written agreement of any two boards approved by the

state board of education,; or (b)

(2) upon order of the state board after petition therefor by one board

and a public hearing thereon conducted by the state board of education.

(b) The effective date of any such transfer shall be the date of ap-

proval thereof or order therefor issued by the state board of education or

the July 1 following.

(c) Notice of the public hearing on such a petition shall be given by

publication by the state board of education for two consecutive weeks in

a newspaper of general circulation in the unified district from which ter-

ritory is to be transferred, the last publication to be not more than 10 nor

less than three days prior to the date of the hearing. The notice shall state

the time and place of the hearing and shall give a summary description

of the territory proposed to be transferred.

(d) Prior to issuing an order, the state board shall consider the fol-

lowing:

(1) City boundaries and the area within three miles surrounding any

city with more than one district in the area;

(2) available capacity of districts involved in the territory transfer to

serve existing or additional students;

(3) condition and age of buildings and physical plant;

(4) overall costs including renovation of existing buildings versus con-

struction;

(5) cost of bussing;

(6) food service;

(7) administration and teachers;

(8) areas of interest including access and distances for parents to

travel to participate in student activities;

(9) matters of commerce, including regular shopping areas, meeting

places, community activities and youth activities;

(10) districts that are landlocked with changing demographics that

cause declining enrollment; and

(11) effect on students living in the area.

The foregoing shall not be deemed to limit the factors which the state

board of education may consider.

(e) Within 90 days after receiving an agreement or, if a public hearing

is held, within 90 days after the hearing, the state board of education shall

issue its order either approving or disapproving such transfer petition or

agreement, or approving the same with such amendments as it deems

appropriate.

(f) Whenever a petition for transfer of territory has been denied by

the state board of education, no petition for transfer of substantially the

same territory shall be received or considered by the state board of ed-

ucation for a period of two years.

Sec. 3. K.S.A. 12-105b is hereby amended to read as follows: 12-

105b. (a) All claims against a municipality must be presented in writing

with a full account of the items, and no claim shall be allowed except in

accordance with the provisions of this section. A claim may be the usual

statement of account of the vendor or party rendering a service or other

written statement showing the required information.

(b) Claims for salaries or wages of officers or employees need not be

signed by the officer or employee if a payroll claim is certified to by the

administrative head of a department or group of officers or employees or

an authorized representative that the salaries or wages stated therein were

contracted or incurred for the municipality under authority of law, that

the amounts claimed are correct, due and unpaid and that the amounts

are due as salaries and wages for services performed by the person named.

Nothing in this subsection shall be construed as prohibiting the pay-

ment of employment incentive or retention bonuses authorized by section

5, and amendments thereto.

(c) No costs shall be recovered against a municipality in any action

brought against it for any claims allowed in part unless the recovery shall

be for a greater sum than the amount allowed, with the interest due.

Subject to the terms of applicable insurance contracts, judgments and

settlements obtained for claims recoverable pursuant to the Kansas tort

claims act shall be presented for payment in accordance with this section

or in such manner as the governing body may designate.

(d) Any person having a claim against a municipality which could give

rise to an action brought under the Kansas tort claims act shall file a

written notice as provided in this subsection before commencing such

action. The notice shall be filed with the clerk or governing body of the

municipality and shall contain the following: (1) The name and address

of the claimant and the name and address of the claimant's attorney, if

any; (2) a concise statement of the factual basis of the claim, including

the date, time, place and circumstances of the act, omission or event

complained of; (3) the name and address of any public officer or employee

involved, if known; (4) a concise statement of the nature and the extent

of the injury claimed to have been suffered; and (5) a statement of the

amount of monetary damages that is being requested. In the filing of a

notice of claim, substantial compliance with the provisions and require-

ments of this subsection shall constitute valid filing of a claim. The con-

tents of such notice shall not be admissible in any subsequent action

arising out of the claim. Once notice of the claim is filed, no action shall

be commenced until after the claimant has received notice from the mu-

nicipality that it has denied the claim or until after 120 days has passed

following the filing of the notice of claim, whichever occurs first. A claim

is deemed denied if the municipality fails to approve the claim in its

entirety within 120 days unless the interested parties have reached a set-

tlement before the expiration of that period. No person may initiate an

action against a municipality unless the claim has been denied in whole

or part. Any action brought pursuant to the Kansas tort claims act shall

be commenced within the time period provided for in the code of civil

procedure or it shall be forever barred, except that, if compliance with

the provisions of this subsection would otherwise result in the barring of

an action, such time period shall be extended by the time period required

for compliance with the provisions of this subsection.

(e) Claims against a municipality which provide for a discount for

early payment or for the assessment of a penalty for late payment may be

authorized to be paid in advance of approval thereof by the governing

body in accordance with the provisions of this subsection. The governing

body may designate and authorize one or more of its officers or employees

to pay any such claim made against the municipality in advance of its

presentation to and approval by the governing body if payment of the

amount of such claim is required before the next scheduled regular meet-

ing of the governing body in order for the municipality to benefit from

the discount provided for early payment or to avoid assessment of the

penalty for late payment. Any officer or employee authorized to pay

claims under this subsection shall keep an accurate record of all moneys

paid and the purpose for which expended, and shall submit the record to

the governing body at the next meeting thereof. Payments of claims by

an officer or employee of the municipality under authority of this sub-

section are valid to the same extent as if the claims had been approved

and ordered to be paid by the governing body.

(f) When an employee is required to travel on behalf of a munici-

pality, the employee shall be entitled, upon complying with the provisions

of the municipality's policies and regulations on employee travel, to timely

payment of subsistence allowances and reimbursement for transportation

and other related travel expenses incurred by the employee while on an

approved travel status. When reimbursement through the regular claims

approval process of the municipality will require more than 15 days from

the date the reimbursement claim is filed, the claim may be authorized

to be paid in advance of approval thereof by the governing body in ac-

cordance with the provisions of this subsection. The governing body may

designate and authorize one or more of its officers or employees to pay

any such claim made against the municipality in advance of its presen-

tation to and approval by the governing body if payment of the amount

of such claim is required before the next scheduled regular meeting of

the governing body. Any officer or employee authorized to pay claims

under this subsection shall keep an accurate record of all moneys paid

and the purpose for which expended, and shall submit the record to the

governing body at the next meeting thereof. Payments of claims by an

officer or employee of the municipality under authority of this subsection

are valid to the same extent as if the claims had been approved and

ordered to be paid by the governing body.

(g) Claims submitted by members of a municipality's self-insured

health plan may be authorized to be paid in advance of approval thereof

by the governing body. Such claims shall be submitted to the administra-

tive officer of such insurance plan.

(h) Claims against a school district for the purchase of food or gaso-

line while students are on a co-curricular or extra-curricular activity out-

side of the school boundaries may be paid in advance of approval thereof

by the governing body in accordance with the provisions of this subsec-

tion. The governing body may designate and authorize one or more of its

officers or employees to pay any such claim made against the school dis-

trict in advance of its presentation to and approval by the governing body.

(i) Except as otherwise provided, before any claim is presented to the

governing body or before any claim is paid by any officer or employee of

the municipality under subsection (e) or (f), it shall be audited by the

clerk, secretary, manager, superintendent, finance committee or finance

department or other officer or officers charged by law to approve claims

affecting the area of government concerned in the claim, and thereby

approved in whole or in part as correct, due and unpaid.

Sec. 4. K.S.A. 72-5413 is hereby amended to read as follows: 72-

5413. As used in this act and in acts amendatory thereof or supplemental

thereto:

(a) The term ``persons'' includes one or more individuals, organiza-

tions, associations, corporations, boards, committees, commissions, agen-

cies, or their representatives.

(b) ``Board of education'' means the board of education of any school

district, the board of control of any area vocational-technical school, and

the board of trustees of any community college.

(c) ``Professional employee'' means any person employed by a board

of education in a position which requires a certificate issued by the state

board of education or employed by a board of education in a professional,

educational or instructional capacity, but shall not mean any such person

who is an administrative employee.

(d) ``Administrative employee'' means, in the case of a school district,

any person who is employed by a board of education in an administrative

capacity and who is fulfilling duties for which an administrator's certificate

is required under K.S.A. 72-7513, and amendments thereto; and, in the

case of an area vocational-technical school or community college, any

person who is employed by the board of control or the board of trustees

in an administrative capacity and who is acting in that capacity and who

has authority, in the interest of the board of control or the board of

trustees, to hire, transfer, suspend, layoff, recall, promote, discharge, as-

sign, reward or discipline other employees, or responsibly to direct them

or to adjust their grievances, or effectively to recommend a preponder-

ance of such actions, if in connection with the foregoing, the exercise of

such authority is not of a merely routine or clerical nature, but requires

the use of independent judgment.

(e) ``Professional employees' organizations'' means any one or more

organizations, agencies, committees, councils or groups of any kind in

which professional employees participate, and which exist for the pur-

pose, in whole or part, of engaging in professional negotiation with boards

of education with respect to the terms and conditions of professional

service.

(f) ``Representative'' means any professional employees' organization

or any person it authorizes or designates to act in its behalf or any person

a board of education authorizes or designates to act in its behalf.

(g) ``Professional negotiation'' means meeting, conferring, consulting

and discussing in a good faith effort by both parties to reach agreement

with respect to the terms and conditions of professional service.

(h) ``Mediation'' means the effort through interpretation and advice

by an impartial third party to assist in reconciling a dispute concerning

terms and conditions of professional service which arose in the course of

professional negotiation between a board of education or its representa-

tives and representatives of the recognized professional employees' or-

ganization.

(i) ``Fact-finding'' means the investigation by an individual or board

of a dispute concerning terms and conditions of professional service which

arose in the course of professional negotiation, and the submission of a

report by such individual or board to the parties to such dispute which

includes a determination of the issues involved, findings of fact regarding

such issues, and the recommendation of the fact-finding individual or

board for resolution of the dispute.

(j) ``Strike'' means an action taken for the purpose of coercing a

change in the terms and conditions of professional service or the rights,

privileges or obligations thereof, through any failure by concerted action

with others to report for duty including, but not limited to, any work

stoppage, slowdown, or refusal to work.

(k) ``Lockout'' means action taken by a board of education to provoke

interruptions of or prevent the continuity of work normally and usually

performed by the professional employees for the purpose of coercing

professional employees into relinquishing rights guaranteed by this act

and the act of which this section is amendatory.

(l) (1) ``Terms and conditions of professional service'' means (1) (A)

salaries and wages, including pay for duties under supplemental contracts;

hours and amounts of work; vacation allowance, holiday, sick, extended,

sabbatical, and other leave, and number of holidays; retirement; insurance

benefits; wearing apparel; pay for overtime; jury duty; grievance proce-

dure; including binding arbitration of grievances; disciplinary procedure;

resignations; termination and nonrenewal of contracts; reemployment of

professional employees; terms and form of the individual professional

employee contract; probationary period; professional employee appraisal

procedures; each of the foregoing being a term and condition of profes-

sional service, regardless of its impact on the employee or on the opera-

tion of the educational system; and (2) (B) matters which relate to privi-

leges to be granted the recognized professional employees' organization

including, but not limited to, voluntary payroll deductions; use of school

or college facilities for meetings; dissemination of information regarding

the professional negotiation process and related matters to members of

the bargaining unit on school or college premises through direct contact

with members of the bargaining unit, the use of bulletin boards on or

about the facility, and the use of the school or college mail system to the

extent permitted by law; reasonable leaves of absence for members of the

bargaining unit for organizational purposes such as engaging in profes-

sional negotiation and partaking of instructional programs properly re-

lated to the representation of the bargaining unit; any of the foregoing

privileges which are granted the recognized professional employees' or-

ganization through the professional negotiation process shall not be

granted to any other professional employees' organization; and (3) (C)

such other matters as the parties mutually agree upon as properly related

to professional service including, but not limited to, employment incentive

or retention bonuses authorized under section 5, and amendments thereto.

(2) Nothing in this act, or acts amendatory thereof or supplemental

and amendments thereto, shall authorize the diminution of any right, duty

or obligation of either the professional employee or the board of educa-

tion which have been fixed by statute or by the constitution of this state.

Except as otherwise expressly provided in this subsection (l), the fact that

any matter may be the subject of a statute or the constitution of this state

does not preclude negotiation thereon so long as the negotiation proposal

would not prevent the fulfillment of the statutory or constitutional objec-

tive.

(3) Matters which relate to the duration of the school term, and spe-

cifically to consideration and determination by a board of education of

the question of the development and adoption of a policy to provide for

a school term consisting of school hours, are not included within the

meaning of terms and conditions of professional service and are not sub-

ject to professional negotiation.

(m) ``Secretary'' means the secretary of human resources or a desig-

nee thereof.

(n) ``Statutory declaration of impasse date'' means June 1 in the cur-

rent school year.

(o) ``Supplemental contracts'' means contracts for employment duties

other than those services covered in the principal or primary contract of

employment of the professional employee and shall include, but not be

limited to, such services as coaching, supervising, directing and assisting

extracurricular activities, chaperoning, ticket-taking, lunchroom supervi-

sion, and other similar and related activities.

New Sec. 5. (a) As used in this section:

(1) ``Teacher'' means teachers, supervisors, principals, superinten-

dents and any other professional employees who are required to hold a

teacher's or school administrator's certificate in any public school.

(2) ``Board of education'' means the board of education of any public

school district.

(b) The board of education may pay employment incentive or reten-

tion bonuses to teachers.

New Sec. 6. (a) As used in this section, ``school building'' means any

building or structure operated or maintained by the board of education

of a unified school district.

(b) The board of education of any unified school district, by adoption

of a resolution, may close any school building at any time the board de-

termines that the building should be closed to improve the school system

of the unified school district. The board of education may close more

than one school building in one resolution. A resolution adopted pursuant

to this section shall require a majority vote of the members of the board

of education and shall require no other approval.

(c) Prior to adopting a resolution closing any school building, the

board of education shall call and hold a hearing on the proposal. The

notice of such hearing shall include the reasons for the proposed closing,

the name of any affected building and the name of any school building

to which the involved pupils shall be reassigned. Such notice also shall

include the time, date and place of the public hearing to be held on the

proposal. Such notice shall be published at least once each week for two

consecutive weeks in a newspaper of general circulation in the school

district. The last publication shall be at least 10 but not more than 20 days

prior to the date of the public hearing.

At such hearing, the board shall hear testimony as to the advisability

of the proposed closing, and a representative of the board shall present

the board's proposal for such closing. Following the public hearing, or

any continuation of such hearing, and after considering all of the testi-

mony and evidence presented or submitted at the public hearing, the

board shall determine whether the school building should be closed to

improve the school system of the unified school district.

Sec. 7. K.S.A. 2001 Supp. 72-8233 is hereby amended to read as

follows: 72-8233. (a) In accordance with the provisions of this section, the

boards of education of any two or more unified school districts may make

and enter into agreements providing for the attendance of pupils residing

in one school district at school in kindergarten or any of the grades one

through 12 maintained by any such other school district. The boards of

education may also provide by agreement for the combination of enroll-

ments for kindergarten or one or more grades, courses or units of instruc-

tion.

(b) Prior to entering into any agreement under authority of this sec-

tion, the board of education shall adopt a resolution declaring that it has

made a determination that such an agreement should be made and that

the making and entering into of such an agreement would be in the best

interests of the educational system of the school district. Any such agree-

ment is subject to the following conditions:

(1) The agreement may be for any term not exceeding a term of five

years.

(2) The agreement shall be subject to change or termination by the

legislature.

(3) Within the limitations provided by law, the agreement may be

changed or terminated by mutual agreement of the participating boards

of education.

(4) The agreement shall make provision for transportation of pupils

to and from the school attended on every school day, for payment or

sharing of the costs and expenses of pupil attendance at school, and for

the authority and responsibility of the participating boards of education.

(c) Provision by agreements entered into under authority of this sec-

tion for the attendance of pupils at school in a school district of nonres-

idence of such pupils shall be deemed to be compliance with the kinder-

garten, grade, course and units of instruction requirements of law.

(d) The board of education of any school district which enters into

an agreement under authority of this section for the attendance of pupils

at school in another school district may discontinue kindergarten or any

or all of the grades, courses and units of instruction specified in the agree-

ment for attendance of pupils enrolled in kindergarten or any such grades,

courses and units of instruction at school in such other school district.

Upon discontinuing kindergarten or any grade, course or unit of instruc-

tion under authority of this subsection, the board of education may close

any school building or buildings operated or used for attendance by pupils

enrolled in such discontinued kindergarten, grades, courses or units of

instruction. The closing of any school building under authority of this

subsection shall require a majority vote of the members of the board of

education and shall require no other procedure or approval. The provi-

sions of this subsection shall be deemed alternative to the provisions of

K.S.A. 72-8213, and amendments thereto, and the procedure and au-

thorization for the closing of school buildings under this subsection shall

not be limited by the provisions of such cited statutory section.

(e) Pupils attending school in a school district of nonresidence of such

pupils in accordance with an agreement made and entered into under

authority of this section shall be counted as regularly enrolled in and

attending school in the school district of residence of such pupils for the

purpose of computations under the school district finance and quality

performance act.

(f) Pupils who satisfactorily complete grade 12 while in attendance at

school in a school district of nonresidence of such pupils in accordance

with the provisions of an agreement entered into under authority of this

section shall be certified as having graduated from the school district of

residence of such pupils unless otherwise provided for by the agreement.

New Sec. 8. (a) The state board of education shall provide for a com-

munity service program to be offered to all accredited high schools in this

state.

(b) As used in this section, the term ``community service'' means a

service performed by a high school student, without monetary compen-

sation or remuneration, for the purpose of benefiting the student's com-

munity. The service performed may include, but not by way of limitation,

mentoring or tutoring elementary school pupils, assisting in a nursing

home or adult care center, providing lawn care or performing other tasks

for senior citizens or disabled persons, assisting in a homeless shelter or

a soup kitchen, organizing or assisting in fund raisers for disaster victims

and other needy persons, assisting community-based nonprofit agencies

that provide programs and services for low-income people, the disabled

and the elderly, assisting fraternal organizations in charitable activities.

Sec. 9. K.S.A. 12-105b, 72-5413 and 72-8213 and K.S.A. 2001 Supp.

72-6445, 72-7108 and 72-8233 are hereby repealed.

Sec. 10. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 29, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002