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72-3216. Kindergarten, grade and unit of instruction requirements; alternative provision; general powers of boards; attendance subdistricts; disposition of unneeded property; acquisition of property. (a) (1) Subject to paragraph (2), every unified school district shall maintain, offer and teach kindergarten and grades one through 12 and shall offer and teach at least 30 units of instruction for students enrolled in grades nine through 12 in each high school operated by the board of education. The units of instruction, to qualify for the purpose of this section, shall have the prior approval of the state board of education.

(2) Any unified school district which has discontinued kindergarten, any grade or unit of instruction under authority of K.S.A. 72-13,101, and amendments thereto, and has entered into an agreement with another unified school district for the provision of kindergarten or any such grade or unit of instruction has complied with the kindergarten, grade and unit of instruction requirements of this section.

(b) The board of education shall adopt all necessary rules and regulations for the government and conduct of its schools, consistent with the laws of the state.

(c) The board of education may divide the district into subdistricts for purposes of attendance by pupils.

(d) The board of education shall have the title to and the care and keeping of all school buildings and other school property belonging to the district. The board may open any or all school buildings for community purposes and may adopt rules and regulations governing use of school buildings for those purposes. School buildings and other school properties no longer needed by the school district may be disposed of by the board upon the affirmative recorded vote of not less than a majority of the members of the board at a regular meeting. Subject to the provisions of K.S.A. 2023 Supp. 72-1439, and amendments thereto, the board may dispose of the property in such manner and upon such terms and conditions as the board deems to be in the best interest of the school district. Conveyances of school buildings and other school properties shall be executed by the president of the board and attested by the clerk.

(e) The board shall have the power to acquire personal and real property by purchase, gift or the exercise of the power of eminent domain in accordance with K.S.A. 72-1144, and amendments thereto.

History: L. 1963, ch. 393, § 22; L. 1965, ch. 410, § 16; L. 1969, ch. 310, § 54; L. 1982, ch. 301, § 2; L. 1983, ch. 242, § 1; L. 1984, ch. 261, § 14; L. 1984, ch. 262, § 4; L. 1989, ch. 220, § 1; L. 1991, ch. 220, § 4; L. 2023, ch. 98, § 11; June 8.

Source or Prior Law:

72-8212.

Cross References to Related Sections:

Interdistrict agreements for provision of educational programs, see 72-13,101.

Law Review and Bar Journal References:

"The Kansas Tort Claims Act and School Districts," Susan C. Jacobson, 28 K.L.R. 619, 625 (1980).

"Should There Be Home Rule for Kansas School Districts?" Charles Benjamin, 5 Kan. J.L. & Pub. Pol'y, No. 3, 175, 177, 183 (1996).

Attorney General's Opinions:

Use of tobacco in public school buildings prohibited. 88-140.

Boards of education; authority to pave and maintain roads. 93-146.

Boards of education; powers and finances; disposition of unneeded property; contracts with private businesses. 94-155.

Boards of education; power to provide home computers for board members; definition of meeting; electronic mail as interactive communication. 95-13.

General powers of boards of education; use of school property; community purposes; fees. 95-16.

Reimbursement of costs incurred by student for materials needed to participate in program proposed by school district. 2000-50.

Education service centers; may provide goods and services to schools and other governmental entities, including customers not members of service center. 2002-10.

School district may use proceeds from its general fund, supplemental general fund and capital outlay fund to pay the costs of remodeling or renovating a building that it intends to lease or sell to a third party. 2011-12.

CASE ANNOTATIONS

1. Mentioned in construing K.S.A. 72-6756. Hand v. Board of Education, 198 Kan. 459, 460, 464, 426 P.2d 124.

2. Cited in determination of board's authority to receive federal funds. Linher v. Unified School District No. 259, Wichita, Kansas, 344 F. Supp. 1187, 1196.

3. Mentioned in holding K.S.A. 72-7108 not unconstitutional delegation of legislative power. State, ex rel., v. State Board of Education, 215 Kan. 551, 558, 527 P.2d 952.

4. Mentioned in case construing K.S.A. 72-8213 to allow an election to be called to reduce grade usage at an attendance facility. Hobart v. U.S.D. No. 309, 230 Kan. 375, 381, 384, 634 P.2d 1088 (1981).

5. School board policy regarding use of facilities by community groups excluding religious worship violates first amendment. Country Hills Christian Ch. v. Un. Sch. Dist. 512, 560 F. Supp. 1207, 1210, 1216 (1983).

6. No state agency or officer has power to desegregate schools; authority rests with local school district. Brown v. Board of Educ. of Topeka, 892 F.2d 851, 888 (1989).


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