Session of 1999
         
HOUSE BILL No. 2195
         
By Committee on Education
          
2-1
          
  9             AN  ACT authorizing withdrawal of certain school districts from interlocal
10             cooperation agreements for the provisions of special education serv-
11             ices; amending K.S.A. 1998 Supp. 72-8230 and repealing the existing
12             section.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1998 Supp. 72-8230 is hereby amended to read as
16       follows: 72-8230. (a) In the event the boards of education of any two or
17       more school districts enter into a school district interlocal cooperation
18       agreement for the purpose of jointly and cooperatively performing any of
19       the services, duties, functions, activities, obligations or responsibilities
20       which are authorized or required by law to be performed by school dis-
21       tricts of this state, the following conditions shall apply:
22             (1) A school district interlocal cooperation agreement shall establish
23       a board of directors which shall be responsible for administering the joint
24       or cooperative undertaking. The agreement shall specify the organization
25       and composition of and manner of appointment to the board of directors.
26       Only members of boards of education of school districts party to the
27       agreement shall be eligible for membership on the board of directors.
28       The terms of office of members of the board of directors shall expire
29       concurrently with their terms as board of education members. Vacancies
30       in the membership of the board of directors shall be filled within 30 days
31       from the date of the vacancy in the manner specified in the agreement.
32             (2) A school district interlocal cooperation agreement may provide
33       for the establishment and composition of an executive board. The mem-
34       bers of the executive board, if established, shall be selected by the board
35       of directors from its membership. The executive board shall exercise the
36       powers, have the responsibilities, and perform the duties and functions
37       of the board of directors to the extent authority to do so is delegated by
38       the board of directors.
39             (3) A school district interlocal cooperation agreement shall be effec-
40       tive only after approval by the state board of education.
41             (4) A school district interlocal cooperation agreement shall be subject
42       to change or termination by the legislature.
43             (5) The duration of a school district interlocal cooperation agreement

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  1       for joint or cooperative action in performing any of the services, duties,
  2       functions, activities, obligations or responsibilities, other than the provi-
  3       sion of special education services, which are authorized or required by
  4       law to be performed by school districts of this state, shall be for a term
  5       of at least three years but not exceeding five years.
  6             (6)  (A) The duration of a school district interlocal cooperation agree-
  7       ment for joint or cooperative action in providing special education serv-
  8       ices shall be perpetual unless the agreement is partially or completely
  9       terminated in accordance with this provision. This provision applies to
10       every school district interlocal cooperation agreement for the provision
11       of special education services entered into under authority of this section
12       after the effective date of this act and to every such agreement entered
13       into under this section prior to the effective date of this act, and extant
14       on the effective date of this act, regardless of any provisions in such an
15       agreement to the contrary.
16             (B) Partial termination of a school district interlocal cooperation
17       agreement for the provision of special education services made and en-
18       tered into by the boards of three or more school districts may be accom-
19       plished only upon petition for withdrawal from the agreement by a con-
20       tracting school district to the other contracting school districts and
21       approval by the state board of written consent to the petition by such
22       other school districts or upon order of the state board after appeal to it
23       by a school district from denial of consent to a petition for withdrawal
24       and hearing thereon conducted by the state board. The state board shall
25       consider all the testimony and evidence brought forth at the hearing and
26       issue an order approving or disapproving withdrawal by the school district
27       from the agreement.
28             (C) Complete termination of a school district interlocal cooperation
29       agreement for the provision of special education services made and en-
30       tered into by the boards of two school districts may be accomplished upon
31       approval by the state board of a joint petition made to the state board for
32       termination of the agreement by both of the contracting school districts
33       after adoption of a resolution to that effect by each of the contracting
34       school districts or upon petition for withdrawal from the agreement made
35       by a contracting school district to the other contracting school district and
36       approval by the state board of written consent to the petition by such
37       other school district or upon order of the state board after appeal to it by
38       a school district from denial of consent to a petition for withdrawal and
39       hearing thereon conducted by the state board. The state board shall con-
40       sider all the testimony and evidence brought forth at the hearing and
41       issue an order approving or disapproving withdrawal by the school district
42       from the agreement.
43             (D) Complete termination of a school district interlocal cooperation

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  1       agreement for the provision of special education services made and en-
  2       tered into by the boards of three or more school districts may be accom-
  3       plished only upon approval by the state board of a joint petition made to
  4       the state board for termination of the agreement by not less than 23 of
  5       the contracting school districts after adoption of a resolution to that effect
  6       by each of the contracting school districts seeking termination of the
  7       agreement. The state board shall consider the petition and approve or
  8       disapprove termination of the agreement.
  9             (E) The state board shall take such action in approving or disapprov-
10       ing the complete or partial termination of a school district interlocal co-
11       operation agreement for the provision of special education services as the
12       state board deems to be in the best interests of the involved school dis-
13       tricts and of the state as a whole in the provision of special education
14       services for exceptional children. Whenever the state board has disap-
15       proved the complete or partial termination of such an agreement, no
16       further action with respect to such agreement shall be considered or taken
17       by the state board for a period of not less than three years.
18             (F) Notwithstanding any other provision of law, withdrawal from a
19       school district interlocal cooperation agreement for the provision of spe-
20       cial education services may be accomplished by the board of education of
21       any school district having at least 45% of the unduplicated pupil count of
22       the total special education enrollment served under the agreement as of
23       December 1, 1998, and less than 7% of the membership of the board of
24       directors established under the agreement as of January 1, 1999, by giving
25       written notice to the other contracting school districts and the commis-
26       sioner of education prior to August 1, 1999, of withdrawal from the agree-
27       ment effective July 1, 2000. Division of property and cash balances after
28       withdrawal under this subpart (F) of subsection (a)(6) shall be propor-
29       tional to the proportion of pupils served on December 1, 1998. The pro-
30       visions of this subpart (F) of subsection (a)(6) shall expire on December
31       31, 2000.
32             (7) A school district interlocal cooperation agreement shall specify
33       the method or methods to be employed for disposing of property upon
34       partial or complete termination.
35             (8) Within the limitations provided by law, a school district interlocal
36       cooperation agreement may be changed or modified by affirmative vote
37       of not less than 23 of the contracting school districts.
38             (b) Except as otherwise specifically provided in this subsection, any
39       power or powers, privileges or authority exercised or capable of exercise
40       by any school district of this state, or by any board of education thereof,
41       may be jointly exercised pursuant to the provisions of a school district
42       interlocal cooperation agreement. No power or powers, privileges or au-
43       thority with respect to the levy and collection of taxes, the issuance of

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  1       bonds, or the purposes and provisions of the school district finance and
  2       quality performance act or title I of public law 874 shall be created or
  3       effectuated for joint exercise pursuant to the provisions of a school district
  4       interlocal cooperation agreement.
  5             (c) Payments from the general fund of each school district which
  6       enters into any school district interlocal cooperation agreement for the
  7       purpose of financing the joint or cooperative undertaking provided for by
  8       the agreement shall be operating expenses.
  9             (d) Upon partial termination of a school district interlocal cooperation
10       agreement, the board of directors established under a renegotiated agree-
11       ment thereof shall be the successor in every respect to the board of di-
12       rectors established under the former agreement.
13             (e) Nothing contained in this section shall be construed to abrogate,
14       interfere with, impair, qualify or affect in any manner the exercise and
15       enjoyment of all of the powers, privileges and authority conferred upon
16       school districts and boards of education thereof by the provisions of the
17       interlocal cooperation act, except that boards of education and school
18       districts are required to comply with the provisions of this section when
19       entering into an interlocal cooperation agreement that meets the defini-
20       tion of school district interlocal cooperation agreement.
21             (f) As used in this section:
22             (1) "School district interlocal cooperation agreement" means an
23       agreement which is entered into by the boards of education of two or
24       more school districts pursuant to the provisions of the interlocal coop-
25       eration act.
26             (2) "State board" means the state board of education. 
27       Sec.  2. K.S.A. 1998 Supp. 72-8230 is hereby repealed.
28        Sec.  3. This act shall take effect and be in force from and after its
29       publication in the statute book.