Session of 2000
House Concurrent Resolution No. 5058
By Committee on Education
2-2
9 A
PROPOSITION to amend sections 2, 3, 4, 5 and 7 of article 6 of
the
10 constitution of the
state of Kansas, relating to education.
11
12 Be it resolved by the Legislature of the
State of Kansas, two-thirds of the
13 members elected (or appointed) and
qualified to the House of Represen-
14 tatives and two-thirds of the members
elected (or appointed) and qualified
15 to the Senate concurring
therein:
16 Section
1. The following proposition to amend the constitution of
the
17 state of Kansas shall be submitted to the
qualified electors of the state
18 for their approval or rejection: Sections
2, 3, 4, 5 and 7 of article 6 of the
19 constitution of the state of Kansas are
hereby amended to read as follows:
20 "§
2. State board
department of education and state board
21 of regents. (a)
The legislature shall provide for a state board
de-
22 partment of
education which shall have general and for
its super-
23 vision of public
schools, educational institutions and all the
such
24 other
educational interests of the state, except educational
functions
25 delegated by
law to the state board of regents as may be
prescribed
26 by law. The
state board department of education shall
perform such
27 other duties as may be
provided prescribed by law.
28 (b) The
legislature shall provide for a state board of regents and
29 for its control and
supervision of public institutions of higher edu-
30 cation. Public
institutions of higher education shall include univer-
31 sities and colleges
granting baccalaureate or postbaccalaureate de-
32 grees and such other
institutions and educational interests as may
33 be provided by law.
The state board of regents shall perform such
34 other duties as may be
prescribed by law.
35 (c) Any
municipal university shall be operated, supervised and
36 controlled as provided
by law.
37 "§
3. Members of state board of education
and state
38 board
of regents. (a) There shall be ten
members of the state
39 board of
education with overlapping terms as the legislature
may
40 prescribe. The
legislature shall make provision for ten member dis-
41 tricts, each
comprised of four contiguous senatorial districts. The
42 electors of
each member district shall elect one person residing
in
43 the district
as a member of the board. The legislature shall
prescribe
2
1 the
manner in which vacancies occurring on the board shall
be
2
filled.
3
(b) The state board of regents shall
have nine members with
4 overlapping
terms as the legislature may prescribe. Members shall
5 be appointed by
the governor, subject to confirmation by the senate.
6 One member shall
be appointed from each congressional district
7 with the
remaining members appointed at large,;
however, no two
8 members shall
reside in the same county at the time of their ap-
9 pointment.
Vacancies occurring on the board shall be filled by ap-
10 pointment by the
governor as provided by law.
11 (c)
(b) Subsequent redistricting shall not disqualify any
member
12 of
either the state board of regents
from service for the remainder
13 of
his a full term. Any member of
either the state board may be
14 removed from office
for cause as may be provided by law.
15 "§
4. Commissioner
Secretary of education. The state
board
16 of
education governor shall appoint a
commissioner secretary of
17 education, subject
to confirmation by the senate, who shall serve at
18 the pleasure of the
board as its executive officer
governor.
19 "§
5. Local public schools. Local public schools
under the
20 general
supervision of the state board of education shall be
main-
21 tained, developed and
operated by locally elected boards. When
22 authorized by law,
such boards may make and carry out agreements
23 for cooperative
operation and administration of educational pro-
24 grams under
the general supervision of the state board of
education,
25
but. All such agreements shall be subject
to limitation, change or
26 termination by the
legislature. The state department of education
27 shall exercise such
supervision over the maintenance, development
28 and operation of
local public schools as may be prescribed by law.
29 The powers not
delegated to the state department of education by
30 the legislature are
reserved to the locally elected boards.
31 "§
7. Savings clause. (a) All laws in force at the time
of the
32 adoption of this
amendment and consistent therewith shall remain
33 in full force and
effect until amended or repealed by the legislature.
34 All laws inconsistent
with this amendment, unless sooner repealed
35 or amended to conform
with this amendment, shall remain in full
36 force and effect until
July 1, 1969 2001.
37
(b) Notwithstanding any other provision of the
constitution to
38 the contrary, no state
superintendent of public instruction or county
39 superintendent
of public instruction board of education member
40 shall be elected after
January 1, 1967 November 7, 2000.
41
(c) The state perpetual school fund or any part
thereof may be
42 managed and
invested as provided by law or all or any part thereof
43 may be
appropriated, both as to principal and income, to the
sup-
3
1 port of
the public schools supervised by the state board of
2
education."
3 Sec. 2. The
following statement shall be printed on the ballot with
4 the amendment as a whole:
5 "Explanatory
statement. This amendment of the education article
6
of the state constitution would: (1) Require the legislature
to
7
provide for a state department of education, in addition to
the
8
state board of regents, to whom governing or supervisory
powers
9
in the area of education may be granted; (2) require the
governor
10
to appoint a secretary of education; (3) eliminate language
pro-
11
viding for the state board of education and the commissioner of
12
education; and (4) eliminate obsolete language and generally
up-
13
date the provisions of the article.
14
"A vote for this proposition will make effective the purposes
for
15
amendment of the education article as hereinbefore
16
enumerated.
17
"A vote against this proposition will continue in effect the
present
18
provisions of the education article."
19
Sec. 3. This resolution, if approved by two-thirds of
the members
20 elected (or appointed) and qualified to the
House of Representatives, and
21 two-thirds of the members elected (or
appointed) and qualified to the
22 Senate shall be entered on the journals,
together with the yeas and nays.
23 The secretary of state shall cause this
resolution to be published as pro-
24 vided by law and shall cause the proposed
amendment to be submitted
25 to the electors of the state at the general
election in the year 2000 unless
26 a special election is called at a sooner
date by concurrent resolution of
27 the legislature, in which case it shall be
submitted to the electors of the
28 state at the special election.
29