HCR 5009--
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House Concurrent Resolution No. 5009
By Representative Sloan
1-31
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A PROPOSITION to amend sections 2, 4 and 7 of article 6 of the con- stitution of the state of Kansas, relating to education. Be it resolved by the Legislature of the State of Kansas, two-thirds of the members elected (or appointed) and qualified to the House of Repre- sentatives and two-thirds of the members elected (or appointed) and qualified to the Senate concurring therein: Section 1. The following proposition to amend the constitution of the state of Kansas shall be submitted to the qualified electors of the state for their approval or rejection: Sections 2, 4 and 7 of article 6 of the constitution of the state of Kansas are hereby amended to read as follows: ``(section) 2. State board of education and state board of regents. (a) The legislature shall provide for a state board of education which shall have and for its general supervision of public schools, educa- tional institutions and all the educational interests of the state, ex- cept educational functions delegated by law to the state board of regents. The state board of education shall perform such other du- ties as may be provided prescribed by law. (b) The legislature shall provide for a state board of regents and for its control and supervision of public institutions of higher edu- cation. Public institutions of higher education shall include univer- sities and colleges granting baccalaureate or postbaccalaureate de- grees and such other institutions and educational interests as may be provided by law. The state board of regents shall perform such other duties as may be prescribed by law. (c) Any municipal university shall be operated, supervised and controlled as provided by law. ``(section) 4. Commissioner of education and commissioner of higher education. (a) The state board of education governor shall appoint a commissioner of education, subject to confirmation by the senate, who shall serve at the pleasure of the board as its executive officer governor. The state board of education shall submit to the governor a list containing the names of nominees for appointment to the office of commissioner of education and appointment of the commissioner shall be made by the governor after consideration of the list of nominees. The commissioner of education shall be a mem- ber of the governor's cabinet, shall serve the state board of education as its executive officer, and shall act as a liaison between the gov- ernor and the state board of education. The commissioner of edu- cation shall perform such other duties as may be prescribed by law. (b) The governor shall appoint a commissioner of higher edu- cation, subject to confirmation by the senate, who shall serve at the pleasure of the governor. The state board of regents shall submit to the governor a list containing the names of nominees for appoint- ment to the office of commissioner of higher education and appoint- ment of the commissioner shall be made by the governor after con- sideration of the list of nominees. The commissioner of higher education shall be a member of the governor's cabinet, shall serve the state board of regents as its executive officer, and shall act as a liaison between the governor and the state board of regents. The commissioner of higher education shall perform such other duties as may be prescribed by law. ``(section) 7. Savings clause. (a) All laws in force at the time of the adoption of this amendment and consistent therewith shall remain in full force and effect until amended or repealed by the legislature. All laws inconsistent with this amendment, unless sooner repealed or amended to conform with this amendment, shall remain in full force and effect until July 1, 1969 1998. (b) Notwithstanding any other provision of the constitution to the contrary, no state superintendent of public instruction or county superintendent of public instruction shall be elected after January 1, 1967. (c) The state perpetual school fund or any part thereof may be managed and invested as provided by law or all or any part thereof may be appropriated, both as to principal and income, to the sup- port of the public schools supervised by the state board of educa- tion.'' Sec. 2. The following statement shall be printed on the ballot with the amendment as a whole: ``Explanatory statement. This amendment would eliminate the constitutional power of the state board of education to generally supervise the public schools without being subject to statutory guidelines prescribed by the legislature. This amendment also would provide constitutional status for a commissioner of education and a commissioner of higher education, both of whom would be members of the governor's cabinet and approved by the state sen- ate. ``A vote for this proposition would give greater accountability of education administrators to the executive and legislative branches of government with respect to the public schools. The state board of education would be responsible for implementation of public school policy under statutory directives adopted by the legislature. The commissioner of education would serve as chief administrative officer of the state board of education and the commissioner of higher education would serve as chief administrative officer of the state board of regents. The commissioners would provide liaison between the office of the governor and the state boards responsible for implementation of education policy. ``A vote against this proposition would continue in effect the au- thority of the state board of education to exercise legislative power in establishing policy regarding the public schools independent of direct input by the governor and legislature. A vote against this proposition also would continue in effect the current exclusion of education representatives from the governor's cabinet.'' Sec. 3. This resolution, if approved by two-thirds of the members elected (or appointed) and qualified to the House of Representatives and two-thirds of the members elected (or appointed) and qualified to the Senate, shall be entered on the journals, together with the yeas and nays. The secretary of state shall cause this resolution to be published as pro- vided by law and shall cause the proposed amendment to be submitted to the electors of the state at the general election to be held in the year 1998 unless a special election is called at a sooner date by concurrent resolution of the legislature, in which case it shall be submitted to the electors of the state at the special election.