Session of 2000
         
House Concurrent Resolution No. 5073
         
By Committee on Education
         
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10             A  PROPOSITION to amend sections 2, 3 and 7 of article 6 of the con-
11             stitution of the state of Kansas, relating to education.
12      
13       Be it resolved by the Legislature of the State of Kansas, two-thirds of the
14             members elected (or appointed) and qualified to the House of Repre-
15             sentatives and two-thirds of the members elected (or appointed) and
16             qualified to the Senate concurring therein:
17                   Section  1. The following proposition to amend the constitution of the
18       state of Kansas shall be submitted to the qualified electors of the state
19       for their approval or rejection: Sections 2, 3 and 7 of article 6 of the
20       constitution of the state of Kansas are hereby amended to read as follows:
21             ``§  2. State board of education and state board of regents.
22             (a) The legislature shall provide for a state board of education which
23             shall have and for its general supervision of public schools, educa-
24             tional institutions and all the educational interests of the state, ex-
25             cept educational functions delegated by law to the state board of
26             regents. The state board of education shall perform such other du-
27             ties 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) From and after January 10, 2001, there shall
39             be ten eleven members of the state board of education with. Ten
40             members shall be elected to overlapping terms as the legislature may
41             prescribe. One member, who shall be a qualified elector of this state,
42             shall be appointed by and serve at the pleasure of the governor. The
43             legislature shall make provision for ten member districts, each com-


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  1             prised of four contiguous senatorial districts. The electors of each
  2             member district shall elect one person residing in the district as a
  3             member of the board. The legislature shall prescribe the manner
  4             in which vacancies occurring on the board shall be filled.
  5              (b) The state board of regents shall have nine members with
  6             overlapping terms as the legislature may prescribe. Members shall
  7             be appointed by the governor, subject to confirmation by the senate.
  8             One member shall be appointed from each congressional district
  9             with the remaining members appointed at large, however, no two
10             members shall reside in the same county at the time of their ap-
11             pointment. Vacancies occurring on the board shall be filled by ap-
12             pointment by the governor as provided by law.
13              (c) Subsequent redistricting shall not disqualify any member of
14             either board from service for the remainder of his such member's
15             term. Any member of either board may be removed from office for
16             cause as may be provided by law.
17              ``§  7. Savings clause. (a) All laws in force at the time of the
18             adoption of this amendment and consistent therewith shall remain
19             in full force and effect until amended or repealed by the legislature.
20             All laws inconsistent with this amendment, unless sooner repealed
21             or amended to conform with this amendment, shall remain in full
22             force and effect until July 1, 1969 2001.
23              (b) Notwithstanding any other provision of the constitution to
24             the contrary, no state superintendent of public instruction or county
25             superintendent of public instruction shall be elected after January
26             1, 1967.
27              (c) The state perpetual school fund or any part thereof may be
28             managed and invested as provided by law or all or any part thereof
29             may be appropriated, both as to principal and income, to the sup-
30             port of the public schools supervised by the state board of
31             education.''
32        Sec.  2. The following statement shall be printed on the ballot with
33       the amendment as a whole:
34             ``Explanatory statement. This amendment would eliminate the
35                   constitutional authority of the state board of education to super-
36                   vise the public schools without being subject to statutory guide-
37                   lines prescribed by the legislature. This amendment also would
38                   increase membership on the state board of education from 10 to
39                   11 members.
40                   ``A vote for this proposition would subject the authority of the state
41                   board of education to statutory enactments of the legislature and
42                   would increase the number of members on the state board from
43                   10 to 11 with the provision that one member be appointed by


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  1                   and serve at the pleasure of the governor. The other 10 members
  2                   would continue to be elected from 10 member districts.
  3                   ``A vote against this proposition would retain authority in the state
  4                   board of education to supervise public schools absent statutory
  5                   guidelines and would retain the composition of the state board
  6                   with 10 members.''
  7                   Sec.  3. This resolution, if approved by two-thirds of the members
  8       elected (or appointed) and qualified to the House of Representatives, and
  9       two-thirds of the members elected (or appointed) and qualified to the
10       Senate shall be entered on the journals, together with the yeas and nays.
11       The secretary of state shall cause this resolution to be published as pro-
12       vided by law and shall cause the proposed amendment to be submitted
13       to the electors of the state at the general election in the year 2000 unless
14       a special election is called at a sooner date by concurrent resolution of
15       the legislature, in which case it shall be submitted to the electors of the
16       state at the special election.