Session 2000
Effective: April 20, 2000
SENATE BILL No. 657
An Act concerning postsecondary education and certain institutions
thereof; relating to
powers and duties of the state board of
regents and the state board of education; affecting
membership of the midwestern higher education
commission; amending K.S.A. 72-
60b02 and K.S.A. 1999 Supp. 71-613, 72-4408,
72-4412, 72-4517, 74-3202c, 74-32,140
and 74-32,141 and repealing the existing
sections; also repealing K.S.A. 71-1001, 71-
1002, 71-1003, 72-4409, 72-4409a and 72-4410
and K.S.A. 1999 Supp. 71-901 and 71-
902.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1999 Supp. 71-613
is hereby amended to read as
follows: 71-613. (a) The vocational education fund of a
community college,
established by K.S.A. 72-4424, and amendments thereto, which
statutory
section shall expire on June 30, 2000, is hereby continued in
existence in
each community college. All moneys received by a community
college for
establishing, conducting, maintaining and administering any
vocational
education program authorized under article 44 of chapter 72 of
Kansas
Statutes Annotated shall be deposited in the vocational education
fund,
unless required to be deposited in the general fund. The expenses
of a
community college attributable to vocational education shall be
paid from
the vocational education fund.
(b) Community colleges shall maintain
fund accounting procedures
as may be necessary to assure proper accounting for federal funds
for
vocational education special projects, whether received directly
from the
federal government or any of its agencies, or received through the
state
or any of its agencies.
Sec. 2. On July 1, 2000, K.S.A.
1999 Supp. 72-4408 shall be and is
hereby amended to read as follows: 72-4408. (a) The state of
Kansas
hereby accepts the provisions and benefits of the Carl D. Perkins
voca-
tional and technical education act of 1998, and acts amendatory
thereof
and supplemental thereto. The state board of
regents education is hereby
designated as the sole agency for supervision of the administration
of
vocational education by local educational agencies. The state board
of
regents education is authorized to prepare,
from time to time amend, and
administer the state plan for vocational education as provided in
the above
cited federal act.
(b) The state plan for vocational
education, prepared and adopted
pursuant to the provisions of this section prior to its
amendment by this
act, shall continue to be effective and shall be deemed to be
the duly
adopted state plan of the state board of education until
revised, amended,
revoked or nullified pursuant to law.
(c) The provisions of this section
shall expire on July 1, 2001.
Sec. 3. On July 1, 2000, K.S.A.
1999 Supp. 72-4412 shall be and is
hereby amended to read as follows: 72-4412. As used in this
act:
(a) "Board" means the board of education
of any school district, the
board of trustees of any community college, the board of regents of
any
municipal university, the board of control of any area
vocational-technical
school, the governing body of any technical college, or the chief
executive
officer of any state educational institution.
(b) "Area vocational school" means any
vocational education school
established under authority of the laws of this state, approved and
offi-
cially designated as an area vocational school by the state board,
and
operated under any board. Any area vocational school, except for
pur-
poses of the construction of this act, may retain and use the name
given
to such school prior to the effective date of this act, even though
such
name includes the words "area vocational-technical school." Until
this
provision is amended by or repealed from law, the state board shall
not
approve the establishment or operation of any area vocational
school
which has not been approved for establishment or officially
designated as
an area vocational school prior to the effective date of this act,
except that
a community college which is consolidated with an area vocational
school
or area vocational-technical school under the provisions of K.S.A.
71-1701
through 71-1706, and amendments thereto, may be designated as an
area
vocational school.
(c) "Area vocational-technical school"
means any vocational educa-
tion school which was classified as a type II area
vocational-technical
school under authority of former laws or which is established and
classi-
fied as a type II area vocational-technical school under authority
of this
act. The schools to which this definition applies are:
(1) Southeast Kansas area
vocational-technical school; and
(2) Northwest Kansas area
vocational-technical school; and
(3) Johnson county area
vocational-technical school.
The governing body of an area
vocational-technical school shall be
called a board of control and shall be constituted as is provided
by agree-
ment of the boards participating therein. Members of the board of
control
shall be paid subsistence allowances, mileage and other actual and
nec-
essary expenses incurred in the performance of their official
duties. The
state board may adopt special rules and regulations applicable to
the con-
duct, operation and administration of area vocational-technical
schools.
Nothing in this act shall be construed to authorize the
establishment or
operation of any area vocational-technical school not specifically
desig-
nated in this subsection. Unless approved by the state
board of regents,
no area vocational-technical school shall construct or
reconstruct or ac-
quire any building or land until this provision is amended
or repealed
from the law. Nothing in this act shall be deemed
to prevent any board
from entering into an agreement for participation in the operation
of any
area vocational-technical school designated in this subsection; nor
shall
any board which is now or hereafter a participant in the operation
of such
an area vocational-technical school be prevented by the provisions
of this
act from withdrawing therefrom in the absence of a written
agreement
to the contrary.
(d) "School district" means any school
district organized under the
laws of this state.
(e) "Community college" means any
community college organized
and operating under the laws of this state.
(f) "Municipal university" means a
municipal university established
under the provisions of article 13a of chapter 13 of Kansas
Statutes An-
notated.
(g) "State educational institution" means
the university of Kansas,
Kansas state university of agriculture and applied science, Wichita
state
university, Emporia state university, Pittsburg state university,
Fort Hays
state university, and Kansas state university--Salina, college of
technol-
ogy.
(h) "Technical college" means an
educational institution that for-
merly was an area vocational school or an area vocational-technical
school
and that has been converted to, established as, and officially
designated
a technical college under authority of this act.
(i) "State board" means the state board
of regents education.
(j) "School year" means the twelve-month
period ending on June 30.
(k) "Vocational education" means
organized educational programs of-
fering a sequence of courses which are directly related to the
preparation
of individuals in paid or unpaid employment in current or emerging
oc-
cupations requiring other than a baccalaureate or advanced degree.
Such
programs shall include competency-based applied learning which
con-
tributes to an individual's academic knowledge, higher-order
reasoning,
and problem-solving skills, work attitudes, general employability
skills,
and the occupational-specific skills necessary for economic
independence
as a productive and contributing member of society. The term
vocational
education also includes technology education.
(l) "Technology education" means an
applied discipline designed to
promote technological literacy which provides knowledge and
under-
standing of the impacts of technology including its organizations,
tech-
niques, tools and skills to solve practical problems and extend
human
capabilities in technological areas.
(m) "State plan" means a document or set
of documents, together
with attachments and supplements thereto, containing such
provisions as
are authorized by this act and required by the Carl D. Perkins
vocational
and technical education act of 1998, and acts amendatory thereof or
sup-
plemental thereto.
(n) "Associate of applied science degree
program" means a program
that is offered and maintained by a technical college, composed of
vo-
cational, technology, and general education courses of instruction
for
which individuals may earn college credit, designed to prepare
individuals
for gainful employment in technical or technological occupations
requir-
ing other than a baccalaureate or advanced degree or to qualify
individuals
for transfer to another college or university and, after
satisfactory com-
pletion of the requirements for graduation, results in the
conferral of an
associate of applied science degree. For the purpose of awarding
college
credit for completion of coursework leading to the conferral of an
asso-
ciate of applied science degree, a credit hour shall consist of 15
clock
hours of instruction in general education courses or 30 clock hours
of
instruction in vocational or technology education courses.
Sec. 4. K.S.A. 1999 Supp. 72-4517
is hereby amended to read as
follows: 72-4517. As used in this act: (a) "Board" means the board
of
education of any school district or the board of trustees of any
community
college.
(b) "State board" means the state board
of regents.
(c) "State plan" means the plan for adult
basic education programs
prepared and adopted by the state board in accordance with state
and
federal law.
(d) "Adult basic education program" means
a program of one or more
courses in general education subjects taught at the grade school or
high
school level under the supervision of a board for eligible persons
which
is included in the state plan and for which federal funds are
received
pursuant to federal law.
(e) "Eligible persons" means persons who
(1) have attained the age
of sixteen 16, (2) have not graduated from
high school and have not been
recognized as having achieved an equivalent level of education, and
(3)
are not now regularly enrolled in school.
(f) "Adult supplementary education
program" means a program of
one or more courses in any subject, other than courses in the adult
basic
education program or courses approved for state funding
purposes, taught
for personal enrichment, which is conducted under
the supervision of a
board for persons who have attained the age of
sixteen 16.
(g) "Federal law" means the adult
education act of 1966 (title III,
P.L. 89-750), and acts amendatory thereof.
Sec. 5. K.S.A. 1999 Supp. 74-3202c
is hereby amended to read as
follows: 74-3202c. (a) In the exercise of its leadership role, the
state board
of regents shall be an advocate for the provision of adequate
resources
and sufficient authority for all postsecondary educational
institutions so
that each postsecondary educational institution can realize, within
its pre-
scribed mission, role and scope, its full potential to the benefit
of the
students who attend such postsecondary educational institution and
to
the benefit of all Kansas residents in terms of receiving the
benefits of a
highly educated and vocationally trained populace.
(b) In addition to other duties and
functions prescribed by law, the
state board of regents shall:
(1) Adopt, from time to time amend,
revise or modify, and administer
a comprehensive plan for coordination of higher education within
this
state;
(2) determine institutional roles and
review institutional missions and
goals;
(3) develop articulation procedures so
that maximum freedom of
transfer among and between postsecondary educational institutions
is en-
sured;
(4) approve or disapprove for state
funding purposes existing and pro-
posed educational programs, courses of instruction and
out-district pro-
gram and course locations;
(5) review budget requests and requests
for state funding of postse-
condary educational institutions and present a unified budget for
higher
education to the governor and the legislature each year;
(6) approve core indicators of quality
performance for postsecondary
educational institutions;
(7) resolve conflicts among and between
postsecondary educational
institutions;
(8) develop and implement a comprehensive
plan for the utilization
of distance learning technologies;
(9) develop each year and recommend to
the governor and the leg-
islature a policy agenda for higher education, which policy agenda
shall
assess priorities among proposals for policy change, programatic
recom-
mendations, and state funding requests;
(10) conduct continuous studies of ways
to maximize the utilization
of resources available for higher education in Kansas and initiate
action
for improvement;
(11) conduct continuous studies of how
state policies affect higher
education and how Kansas economic and demographic trends impact
upon accessibility and affordability of postsecondary education to
Kansas
residents, and initiate ways to improve such accessibility and
affordability;
(12) receive and consider reports,
proposals and recommendations of
the commissions and take such actions thereon as are deemed
necessary
and appropriate;
(13) report annually on the performance
of its functions and duties
to the governor and the legislature; and
(14) exercise such other powers and
perform such other functions
and duties as are deemed necessary and appropriate to the
fulfillment of
its constitutional and statutory responsibilities.
Sec. 6. K.S.A. 72-60b02 is hereby
amended to read as follows: 72-
60b02. The members of the midwestern higher education
commission
representing the state of Kansas shall be the following: (a) The
governor
or a designee of the governor; (b) two members of the legislature
ap-
pointed by the legislative coordinating council so that one is a
member
of the senate and one is a member of the house of representatives
and
such members are not members of the same political party;
and (c) a
member two members of the state board of
regents selected by it the state
board or, at the discretion of the state board, a
designee designees thereof.
One such member shall be representative of the four-year
institutions of
higher education; and (d) a member of the
state board of education se-
lected by it. one such member shall be
representative of the two-year
institutions of higher education. The term of the member serving
under
subpart (a) shall expire concurrently with the term of the
governor. The
terms of members serving under subpart (b) shall expire
concurrently
with their terms as state officers or two years after the date of
their ap-
pointment to membership on the commission, whichever occurs
sooner.
The term of the each member serving under
subpart (c), if such member
is a state officer, shall expire concurrently with such member's
term as a
state officer or four years after the date of appointment to
membership
on the commission, whichever occurs sooner. If the
such member serving
under subpart (c) is not a state officer, the term
of such member shall
expire four years after the date of appointment to membership on
the
commission. The term of the member initially serving under
subpart (d)
shall expire concurrently with such member's term as a
state officer or
two years after the date of appointment to membership on
the commis-
sion, whichever occurs sooner. The term of each member
succeeding the
member initially serving under subpart (d) shall expire
concurrently with
such successor member's term as a state officer or four
years after the
date of appointment to membership on the commission,
whichever occurs
sooner. All vacancies in the membership of the
commission shall be filled
in the same manner as originally filled, except that vacancies
created for
reasons other than expiration of terms of office shall be filled
for the
unexpired terms.
Sec. 7. K.S.A. 1999 Supp. 74-32,140
is hereby amended to read as
follows: 74-32,140. (a) On July 1, 1999, the community colleges
estab-
lished and existing under the laws of this state shall be and
hereby are
transferred from the supervision of the state board of education to
su-
pervision and coordination by the state board of regents. The
community
colleges shall continue to be operated, managed and controlled by
locally
elected boards of trustees. The state board of regents shall
exercise such
supervision and coordination of the operation, management and
control
of community colleges as may be prescribed by law.
(b) On July 1, 1999, all of the powers,
duties, functions, records and
property of the state board of education relating to community
college
operations shall be and are hereby transferred to and conferred and
im-
posed upon the state board of regents.
(c) On and after July 1, 1999, the state
board of regents shall be the
successor in every way to the powers, duties and functions of the
state
board of education relating to community college operations in
which the
same were vested prior to the effective date of this act. Every act
per-
formed by the state board of regents shall be deemed to have the
same
force and effect as if performed by the state board of education in
which
such functions were vested prior to July 1, 1999.
(d) On and after July 1, 1999, whenever
the state board of education,
or words of like effect, is referred to or designated by a statute,
contract
or other document relating to community college operations, such
ref-
erence or designation shall be deemed to apply to the state board
of
regents.
(e) The state plan for community
colleges, prepared and adopted by
the state board of education pursuant to the provisions of
the Kansas
community college act, which is in existence on July 1,
1999, shall con-
tinue to be effective and shall be deemed to be the duly
adopted state
plan of the state board of regents until revised, amended,
revoked or
nullified pursuant to law.
(f) All rules and
regulations, and all orders and directives of the state
board of education relating to community college operations which
are
in existence on July 1, 1999, shall continue to be effective and
shall be
deemed to be the duly adopted rules and regulations or orders and
di-
rectives of the state board of regents until revised, amended,
revoked or
nullified pursuant to law.
(g) (f) The
unexpended balance of any appropriation for and any
funds available to the state board of education for purposes
relating to
community college operations shall be transferred to the state
board of
regents on July 1, 1999.
(h) (g) On and
after July 1, 1999, all books, records and papers of the
board of trustees of each community college shall be open and
available,
at all reasonable times, to the state board of regents and its
designated
officers, employees and agents.
(i) (h) Except as
otherwise specifically provided in this act, the trans-
fer of supervision of the community colleges from the state board
of
education to supervision and coordination by the state board of
regents
shall not be construed in any manner so as to change or affect the
op-
eration, management and control of any community college or to
change
or affect any existing power, duty or function of a board of
trustees with
respect to such operation, management and control.
Sec. 8. On July 1, 2000, K.S.A.
1999 Supp. 74-32,141 shall be and is
hereby amended to read as follows: 74-32,141. (a) On July 1, 1999,
the
technical colleges, area vocational schools and area
vocational-technical
schools established and existing under the laws of this state shall
be and
hereby are transferred from the supervision of the state board of
edu-
cation to supervision and coordination by the state board of
regents. The
technical colleges, area vocational schools and area
vocational-technical
schools shall continue to be operated, managed and controlled by
gov-
erning boards as provided for in article 44 of chapter 72 of Kansas
Statutes
Annotated. The state board of regents shall exercise such
supervision and
coordination of the operation, management and control of technical
col-
leges, area vocational schools and area vocational-technical
schools as may
be prescribed by law.
(b) On July 1, 1999, all of the powers,
duties, functions, records and
property of the state board of education relating to operations of
technical
colleges, area vocational schools and area vocational-technical
schools
shall be and are hereby transferred to and conferred and imposed
upon
the state board of regents.
(c) On and after July 1, 1999, the state
board of regents shall be the
successor in every way to the powers, duties and functions of the
state
board of education relating to operations of technical colleges,
area vo-
cational schools and area vocational-technical schools in which the
same
were vested prior to July 1, 1999. Every act performed by the state
board
of regents shall be deemed to have the same force and effect as if
per-
formed by the state board of education in which such functions
were
vested prior to July 1, 1999.
(d) On and after July 1, 1999, whenever
the state board of education,
or words of like effect, is referred to or designated by a statute,
contract
or other document relating to operations of technical colleges,
area vo-
cational schools or area vocational-technical schools, such
reference or
designation shall be deemed to apply to the state board of regents
estab-
lished.
(e) The state plan for vocational
education, prepared and adopted by
the state board of education pursuant to the provisions of
the K.S.A. 72-
4413, and amendments thereto, which is in existence on July
1, 1999,
shall continue to be effective and shall be deemed to be
the duly adopted
state plan of the state board of regents until revised,
amended, revoked
or nullified pursuant to law.
(f) All rules and
regulations, and all orders and directives of the state
board of education relating to operations of technical colleges,
area vo-
cational schools and area vocational-technical schools which are in
exis-
tence on July 1, 1999, shall continue to be effective and shall be
deemed
to be the duly adopted rules and regulations or orders and
directives of
the state board of regents until revised, amended, revoked or
nullified
pursuant to law.
(g) (f) The
unexpended balance of any appropriation for and any
funds available to the state board of education for purposes
relating to
operations of technical colleges, area vocational schools and area
voca-
tional-technical schools shall be transferred to the state board of
regents
on July 1, 1999.
(h) (g) On and
after July 1, 1999, all books, records and papers of the
governing boards of technical colleges, area vocational schools and
area
vocational-technical schools shall be open and available, at all
reasonable
times, to the state board of regents and its designated officers,
employees
and agents.
(i) (h) Except as
otherwise specifically provided in this act, the trans-
fer of supervision of the technical colleges, area vocational
schools and
area vocational-technical schools from the state board of education
to
supervision and coordination by the state board of regents shall
not be
construed in any manner so as to change or affect the operation,
man-
agement and control of any technical college, area vocational
school or
area vocational-technical school or to change or affect any
existing power,
duty or function of the governing board of any technical college,
area
vocational school or area vocational-technical school with respect
to such
operation, management and control.
(j) (i) For the
purposes of the school district finance and quality per-
formance act, the term approved vocational education program means
in
the case of vocational education programs offered and provided in
the
area vocational schools, the area vocational-technical schools, and
the
technical colleges, the state board of regents; and in the case of
vocational
education programs offered and provided in the high schools of a
school
district, the state board of education.
Sec. 9. K.S.A. 71-1001,
71-1002, 71-1003, 72-4409, 72-4409a, 72-
4410 and 72-60b02 and K.S.A. 1999 Supp. 71-613, 71-901, 71-902,
72-
4517, 74-3202c and 74-32,140 are hereby repealed.
Sec. 10. On July 1, 2000,
K.S.A. 1999 Supp. 72-4408, 72-4412 and
74-32,141 shall be and are hereby repealed.
Sec. 11. This act shall take
effect and be in force from and after its
publication in the Kansas register.