Session of 1999
         
HOUSE BILL No. 2491
         
By Committee on Education
          
2-12
          
  9             AN  ACT concerning postsecondary education; establishing the Kansas
10             higher education coordinating council and the state board of trustees
11             of community colleges and vocational/technical education; prescribing
12             powers, duties and functions.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. (a) This act shall be known and may be cited as the Kansas
16       higher education coordination act.
17             (b) The purpose of this act is to provide for the general improvement
18       of postsecondary education in the state of Kansas and to establish the
19       Kansas higher education coordinating council to provide leadership and
20       coordination for postsecondary educational institutions so that enhanced
21       accessibility, quality, excellence, accountability, research and service may
22       be achieved in the postsecondary educational system for Kansans through
23       the efficient and effective utilization and concentration of all available
24       resources and the elimination of costly and undesirable duplication in
25       program and course offerings, faculties and physical facilities at postse-
26       condary educational institutions.
27             Sec.  2. As used in the Kansas higher education coordination act:
28             (a) "State council" means the Kansas higher education coordinating
29       council established by section 3, and amendments thereto.
30             (b) "State board of trustees" means the state board of trustees of
31       community colleges and vocational/technical education established by
32       section 8, and amendments thereto.
33             (c) "State educational institution" means any state educational insti-
34       tution, as defined by K.S.A. 76-711, and amendments thereto.
35             (d) "Municipal university" means Washburn university of Topeka.
36             (e) "Community college" means any community college established
37       under the laws of this state.
38             (f) "Technical college" means any technical college established under
39       K.S.A. 72-4468, and amendments thereto.
40             (g) "Vocational education school" means any area vocational school
41       or area vocational-technical school established under the laws of this state.
42             (h) "Postsecondary educational institution" means any state educa-
43       tional institution, community college, technical college, vocational edu-

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  1       cation school and the municipal university and includes any entity result-
  2       ing from the consolidation or affiliation of any two or more of such
  3       postsecondary educational institutions.
  4             Sec.  3. (a) There is hereby established the Kansas higher education
  5       coordinating council. The state council shall be composed of seven mem-
  6       bers appointed by the governor, subject to confirmation by the senate as
  7       provided in K.S.A. 75-4315b, and amendments thereto. Except as pro-
  8       vided by K.S.A. 1998 Supp. 46-2601, and amendments thereto, no person
  9       appointed to the state council shall exercise any power, duty or function
10       as a member of the state council until confirmed by the senate. Each
11       member shall hold office for a term of four years, except as provided for
12       the first members appointed to the state council, and until a successor is
13       appointed and confirmed. Terms of members shall expire on January 15.
14       No person shall serve more than two terms of office as a member of the
15       state council, except that this limitation shall not include the first term of
16       office of any person appointed and qualified as a member of the initial
17       state council in accordance with subsection (b)(2).
18             (b)  (1) One member of the state council shall be a resident of each
19       congressional district with the remaining members appointed from
20       among all residents of Kansas, except that no two members shall reside
21       in the same county at the time of appointment. Subsequent redistricting
22       of congressional districts shall not disqualify any member of the state
23       council from service for the remainder of the member's term of office.
24       At no time shall more than four members of the state council be members
25       of the same political party.
26             (2) In addition to and subject to the other provisions of this section,
27       the first appointed members of the state council shall be appointed by
28       the governor on or before February 1, 2001, in accordance with the
29       following:
30             (A) From among a list of nominations of not less than five nominees
31       which shall be submitted to the governor by the state board of regents
32       on or before January 1, 2001, the governor shall appoint one member
33       who shall have a term of office of four years and one member who shall
34       have a term of office of two years;
35             (B) from among a list of nominations of not less than five nominees
36       which shall be submitted to the governor by the state board of education
37       on or before January 1, 2001, the governor shall appoint one member
38       who shall have a term of office of four years and one member who shall
39       have a term of office of two years;
40             (C) from among a list of nominations of not less than four nominees
41       which shall be submitted to the governor by the Kansas association of
42       community college trustees on or before January 1, 2001, the governor
43       shall appoint one member who shall have a term of office of three years;

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  1             (D) from among a list of nominations of not less than four nominees
  2       which shall be submitted to the governor by the Kansas association of
  3       area vo-tech schools on or before January 1, 2001, the governor shall
  4       appoint one member who shall have a term of office of three years;
  5             (E) from among a list of nominations of not less than four nominees
  6       which shall be submitted to the governor by the board of regents of
  7       Washburn university on or before January 1, 2001, the governor shall
  8       appoint one member who shall have a term of office of three years; and
  9             (F) no person who is an elected official or an officer or employee of
10       any postsecondary educational institution shall be nominated for appoint-
11       ment under this subsection (b)(2).
12             (c) The members of the Kansas higher education coordinating coun-
13       cil shall meet and organize annually by electing one member as chair-
14       person, except that the governor shall designate the first chairperson of
15       the state council from among the first members appointed to the state
16       council.
17             (d) Members of the Kansas higher education coordinating council
18       attending meetings of the state council, or attending a subcommittee
19       meeting thereof authorized by the state council, shall be paid compen-
20       sation, subsistence allowances, mileage and other expenses as provided
21       in K.S.A. 75-3212, and amendments thereto, for members of the
22       legislature.
23             Sec.  4. The state council shall meet at least quarterly each year in
24       Topeka on dates fixed by the state council. Special meetings may be held
25       upon the call of the chairperson or upon petition to the chief executive
26       officer of the state council by four members of the council, the date and
27       place of all special meetings to be designated in the call. Four members
28       of the state council shall constitute a quorum for the transaction of busi-
29       ness but less than four members may adjourn any regular or special meet-
30       ing to a definite time and place.
31             Sec.  5. (a) In the exercise of its leadership role, the Kansas higher
32       education coordinating council shall be an advocate for the provision of
33       adequate resources and sufficient authority for all postsecondary educa-
34       tional institutions so that each postsecondary educational institution can
35       realize, within its prescribed mission, role and scope, its full potential to
36       the benefit of the students who attend such postsecondary educational
37       institutions and to the benefit of all Kansans in terms of receiving the
38       benefits of a highly educated and vocationally trained populace.
39             (b) In addition to other duties and functions prescribed by law, the
40       state council shall: (1) Prepare and present an annual strategic planning
41       report to the governor and the legislature; (2) collect and analyze data for
42       all sectors of higher education; (3) provide the governor and the legisla-
43       ture with public higher education state budget analysis; (4) resolve inter-

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  1       sector conflicts; (5) coordinate articulation and transferability of academic
  2       credits; (6) administer student financial assistance programs; (7) broker
  3       affiliations and mergers of postsecondary educational institutions; (8) co-
  4       ordinate the state system interface with private colleges and universities.
  5             Sec.  6. The Kansas higher education coordinating council shall ap-
  6       point a chief executive officer. The chief executive officer of the state
  7       council shall be in the unclassified service under the Kansas civil service
  8       act, shall serve at the pleasure of the state council and shall receive a
  9       salary fixed by the state council, subject to approval by the governor. The
10       chief executive officer shall attend all meetings of the state council, keep
11       a full and correct record of its proceedings as approved by the state coun-
12       cil and shall perform such other duties and functions as the state council
13       may prescribe.
14             Sec.  7. The state council may establish advisory committees and ap-
15       point the members thereof when the state council determines that such
16       advisory committees are needed to assist the state council in the perform-
17       ance of its duties and functions. Each such advisory committee shall con-
18       sult with and advise the state council with reference to matters referred
19       to the advisory committee. Members of any advisory committee estab-
20       lished under authority of this section attending meetings of such com-
21       mittee or attending a subcommittee meeting thereof authorized by such
22       committee shall be paid subsistence allowances, mileage and other ex-
23       penses as provided in K.S.A. 75-3223, and amendments thereto, but shall
24       receive no compensation for services as such members. The state council
25       is authorized to make expenditures to provide space for holding meetings
26       of advisory committees created under this section, including expenditures
27       for official hospitality.
28             Sec.  8. (a) There is hereby established the state board of trustees of
29       community colleges and vocational/technical education. The state board
30       of trustees shall be composed of nine members appointed by the gover-
31       nor, subject to confirmation by the senate as provided in K.S.A. 75-4315b,
32       and amendments thereto. Except as provided by K.S.A. 1998 Supp. 46-
33       2601, and amendments thereto, no person appointed to the state board
34       of trustees shall exercise any power, duty or function as a member of the
35       state board of trustees until confirmed by the senate. Each member shall
36       hold office for a term of four years, except as provided for the first mem-
37       bers appointed to the state board of trustees, and until a successor is
38       appointed and confirmed. Terms of members shall expire on January 15.
39       No person shall serve more than two terms of office as a member of the
40       state board of trustees, except that this limitation shall not include the
41       first term of office of any person appointed and qualified as a member of
42       the initial state board of trustees in accordance with subsection (b)(2).
43             (b)  (1) Two members of the state board of trustees shall be ap-

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  1       pointed from each congressional district with the remaining members
  2       appointed from among all residents of Kansas, except that no two mem-
  3       bers shall reside in the same county at the time of appointment. Subse-
  4       quent redistricting of congressional districts shall not disqualify any mem-
  5       ber of the state board of trustees from service for the remainder of the
  6       member's term of office. At no time shall more than five members of the
  7       state board of trustees be members of the same political party.
  8             (2) In addition to and subject to the other provisions of this section,
  9       the first appointed members of the state council shall be appointed by
10       the governor on or before February 1, 2001, in accordance with the
11       following:
12             (A) From among a list of nominations of not less than 10 nominees
13       which shall be submitted to the governor by the Kansas association of
14       community college trustees on or before January 1, 2001, the governor
15       shall appoint three members who shall have a term of office of four years
16       and two members who shall have a term of office of three years;
17             (B) from among a list of nominations of not less than eight nominees
18       which shall be submitted to the governor by the Kansas association of
19       area vo-tech schools on or before January 1, 2001, the governor shall
20       appoint two members who shall have a term of office of four years and
21       two members who shall have a term of office of two years; and
22             (C) no person who is an elected official or an officer or employee of
23       any community college, technical college or vocational school shall be
24       nominated for appointment under this subsection (b)(2).
25             (c) The members of the state board of trustees shall meet and organ-
26       ize annually by electing one member as chairperson, except that the gov-
27       ernor shall designate the first chairperson of the board of trustees from
28       among the first members appointed to the state board of trustees.
29             (d) Members of the state board of trustees attending meetings of the
30       state board of trustees, or attending a subcommittee meeting thereof
31       authorized by the state board of trustees, shall be paid compensation,
32       subsistence allowances, mileage and other expenses as provided in K.S.A.
33       75-3212, and amendments thereto, for members of the legislature.
34             Sec.  9. The state board of trustees shall meet at least monthly in
35       Topeka on dates fixed by the state board of trustees. Special meetings
36       may be held upon the call of the chairperson or upon the petition to the
37       chief executive officer of the state board of trustees by five members of
38       the state board of trustees, the date and place of all special meetings to
39       be designated in the call. Five members of the board of trustees shall
40       constitute a quorum for the transaction of business but less than five
41       members may adjourn any regular or special meeting to a definite time
42       and place.
43             Sec.  10. In addition to other duties and functions prescribed by law,

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  1       the state board of trustees shall: (1) Prepare and present an annual stra-
  2       tegic planning report to the governor and the legislature; (2) analyze pol-
  3       icy and solve problems regarding policy issues; (3) articulate the statewide
  4       mission of community colleges, technical colleges and vocational educa-
  5       tion schools; (4) develop and establish accreditation standards; (5) con-
  6       duct program and course review and approval; (6) submit budget requests
  7       for state funding to the state council; (7) allocate state aid; (8) develop
  8       and establish information and accountability systems; (9) establish pri-
  9       mary service areas for community colleges, technical colleges and voca-
10       tional education schools; (10) develop and establish standards of quality
11       assurance; (11) supervise statewide projects; (12) administer adult basic
12       education programs; (13) license and regulate proprietary schools.
13             Sec.  11. The state board of trustees shall appoint a chief executive
14       officer. The chief executive officer of the state board of trustees shall be
15       in the unclassified service under the Kansas civil service act, shall serve
16       at the pleasure of the state board of trustees and shall receive a salary
17       fixed by the state board of trustees, subject to approval by the governor.
18       The chief executive officer shall attend all meetings of the state board of
19       trustees, keep a full and correct record of its proceedings as approved by
20       the state board of trustees and shall perform such other duties and func-
21       tions as the state board of trustees may prescribe.
22             Sec.  12. (a) On February 1, 2001, the community colleges estab-
23       lished and existing under the laws of this state shall be and hereby are
24       transferred from the supervision of the state board of education to su-
25       pervision by the state board of trustees. The community colleges shall
26       continue to be operated, managed and controlled by locally elected
27       boards of trustees. The state board of trustees shall exercise such super-
28       vision of the operation, management and control of community colleges
29       as may be prescribed by law.
30             (b) On February 1, 2001, all of the powers, duties, functions, records
31       and property of the state board of education relating to community col-
32       lege operations shall be and are hereby transferred to and conferred and
33       imposed upon the state board of trustees.
34             (c) On and after February 1, 2001, the state board of trustees shall
35       be the successor in every way to the powers, duties and functions of the
36       state board of education relating to community college operations in
37       which the same were vested prior to the effective date of this act. Every
38       act performed by the state board of trustees shall be deemed to have the
39       same force and effect as if performed by the state board of education in
40       which such functions were vested prior to February 1, 2001.
41             (d) On and after February 1, 2001, whenever the state board of ed-
42       ucation, or words of like effect, is referred to or designated by a statute,
43       contract or other document relating to community college operations,

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  1       such reference or designation shall be deemed to apply to the state board
  2       of trustees.
  3             (e) The state plan for community colleges, prepared and adopted by
  4       the state board of education pursuant to the provisions of the Kansas
  5       community college act, which is in existence on February 1, 2001, shall
  6       continue to be effective and shall be deemed to be the duly adopted state
  7       plan of the state board of trustees until revised, amended, revoked or
  8       nullified pursuant to law.
  9             (f) All rules and regulations, and all orders and directives of the state
10       board of education relating to community college operations which are
11       in existence on February 1, 2001, shall continue to be effective and shall
12       be deemed to be the duly adopted rules and regulations or orders and
13       directives of the state board of trustees until revised, amended, revoked
14       or nullified pursuant to law.
15             (g) The unexpended balance of any appropriation for and any funds
16       available to the state board of education for purposes relating to com-
17       munity college operations shall be transferred to the state board of trus-
18       tees on February 1, 2001.
19             (h) On and after February 1, 2001, all books, records and papers of
20       the board of trustees of each community college shall be open and avail-
21       able, at all reasonable times, to the state board of trustees and its desig-
22       nated officers, employees and agents.
23             (i) Except as otherwise specifically provided in this act, the transfer
24       of supervision of the community colleges from the state board of edu-
25       cation to supervision by the state board of trustees shall not be construed
26       in any manner so as to change or affect the operation, management and
27       control of any community college or to change or affect any existing
28       power, duty or function of a board of trustees with respect to such op-
29       eration, management and control.
30             Sec.  13. (a) On February 1, 2001, the technical colleges, area voca-
31       tional schools and area vocational-technical schools established and exist-
32       ing under the laws of this state shall be and hereby are transferred from
33       the supervision of the state board of education to supervision by the state
34       board of trustees. The technical colleges, area vocational schools and area
35       vocational-technical schools shall continue to be operated, managed and
36       controlled by governing boards as provided for in article 44 of chapter 72
37       of Kansas Statutes Annotated. The state board of trustees shall exercise
38       such supervision of the operation, management and control of technical
39       colleges, area vocational schools and area vocational-technical schools as
40       may be prescribed by law.
41             (b) On February 1, 2001, all of the powers, duties, functions, records
42       and property of the state board of education relating to operations of
43       technical colleges, area vocational schools and area vocational-technical

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  1       schools shall be and are hereby transferred to and conferred and imposed
  2       upon the state board of trustees.
  3             (c) On and after February 1, 2001, the state board of trustees shall
  4       be the successor in every way to the powers, duties and functions of the
  5       state board of education relating to operations of technical colleges, area
  6       vocational schools and area vocational-technical schools in which the same
  7       were vested prior to February 1, 2001. Every act performed by the state
  8       board of trustees shall be deemed to have the same force and effect as if
  9       performed by the state board of education in which such functions were
10       vested prior to February 1, 2001.
11             (d) On and after February 1, 2001, whenever the state board of ed-
12       ucation, or words of like effect, is referred to or designated by a statute,
13       contract or other document relating to operations of technical colleges,
14       area vocational schools or area vocational-technical schools, such refer-
15       ence or designation shall be deemed to apply to the state board of
16       trustees.
17             (e) The state plan for vocational education, prepared and adopted by
18       the state board of education pursuant to the provisions of the K.S.A. 72-
19       4413, and amendments thereto, which is in existence on February 1, 2001,
20       shall continue to be effective and shall be deemed to be the duly adopted
21       state plan of the state board of trustees until revised, amended, revoked
22       or nullified pursuant to law.
23             (f) All rules and regulations, and all orders and directives of the state
24       board of education relating to operations of technical colleges, area vo-
25       cational schools and area vocational-technical schools which are in exis-
26       tence on February 1, 2001, shall continue to be effective and shall be
27       deemed to be the duly adopted rules and regulations or orders and di-
28       rectives of the state board of trustees until revised, amended, revoked or
29       nullified pursuant to law.
30             (g) The unexpended balance of any appropriation for and any funds
31       available to the state board of education for purposes relating to opera-
32       tions of technical colleges, area vocational schools and area vocational-
33       technical schools shall be transferred to the state board of trustees on
34       February 1, 2001.
35             (h) On and after February 1, 2001, all books, records and papers of
36       the governing boards of technical colleges, area vocational schools and
37       area vocational-technical schools shall be open and available, at all rea-
38       sonable times, to the state board of trustees and its designated officers,
39       employees and agents.
40             (i) Except as otherwise specifically provided in this act, the transfer
41       of supervision of the technical colleges, area vocational schools and area
42       vocational-technical schools from the state board of education to super-
43       vision by the state board of trustees shall not be construed in any manner

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  1       so as to change or affect the operation, management and control of any
  2       technical college, area vocational school or area vocational-technical
  3       school or to change or affect any existing power, duty or function of the
  4       governing board of any technical college, area vocational school or area
  5       vocational-technical school with respect to such operation, management
  6       and control.
  7             Sec.  14. During the period of transition from general supervision by
  8       the state board of education of the community colleges, technical colleges,
  9       area vocational schools and area vocational-technical schools to supervi-
10       sion thereof by the state board of trustees, the state board of education
11       shall provide such assistance as the state board of trustees may request
12       in order to enable the state board of trustees to assume in an orderly
13       manner the exercise of powers and the performance of duties and func-
14       tions transferred under authority of this act. During such period of tran-
15       sition, the state board of trustees may exercise such powers and perform
16       such duties and functions relating to the supervision of community col-
17       leges, technical colleges, area vocational school and area vocational-tech-
18       nical schools as may be authorized by interagency agreements entered
19       into with the state board of education.
20             Sec.  15. (a) The state board of trustees shall provide that all officers
21       and employees of the state board of education who are engaged in the
22       exercise and performance of the powers, duties, and functions transferred
23       by this act are transferred to the state board of trustees if the state board
24       of trustees deems that the transfer of such officers and employees is
25       necessary to the exercise and performance of such powers, duties and
26       functions.
27             (b) Officers and employees of the state board of education who are
28       transferred to the state board of trustees shall retain all retirement ben-
29       efits and leave rights which had accrued or vested prior to the date of
30       transfer. The service of each such officer and employee so transferred
31       shall be deemed to have been continuous. All transfers, layoffs and abo-
32       lition of classified service positions under the Kansas civil service act
33       which may result from transfers of powers, duties and functions shall be
34       made in accordance with the civil service laws and any rules and regula-
35       tions adopted thereunder. Nothing in this act shall affect the classified
36       status of any transferred person employed by the state board of education
37       prior to the date of transfer. The state board of trustees shall be respon-
38       sible for administering any layoff that is a part of the transfer. Notwith-
39       standing the date of transfer of personnel from the state board of regents
40       or the state board of education to the state council pursuant to the pro-
41       visions of this act, the date of such transfer shall be effective at the start
42       of a payroll period.
43        Sec.  16. This act shall take effect and be in force from and after its

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  1       publication in the statute book, the adoption of the proposition to amend
  2       article 6 of the constitution of the state of Kansas, and December 1, 2000.