KANSAS OFFICE of
  REVISOR of STATUTES

  

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72-1138. Boards of education; meeting times; quorum; abstention from voting; general powers; legal counsel for officers and employees. (a) The board shall meet at least once each month. On or after the second Monday in January and before February 1 of each year, or at a later date during that calendar year if so determined by the board at the first meeting of the board on or after the second Monday in January of each year, the board shall adopt a resolution specifying a regular meeting time of the board and the regular hour of commencement of the meeting, as well as the day of the week and the week of the month. Such resolution also shall specify the alternative date and time of any meeting if the regular meeting date occurs on a Sunday or on a legal holiday or on a holiday specified by the board. Such resolution also shall specify the regular meeting place of the board and may specify that any regular meeting may be adjourned to another time and place. If the board cancels a regularly scheduled meeting because of an emergency, within 24 hours of such cancellation, the board shall establish and give notice of the new meeting date and time. Special meetings may be called at any time by the president of the board or by joint action of any three members of the board. Unless waived, written notice, stating the time and place of any special meeting and the purpose for which called, shall be given each member of the board at least two days in advance of the special meeting and no business other than that stated in the notice shall be transacted at such meeting. A majority of the full membership of the board shall constitute a quorum for the purpose of conducting any business of the school district, and the vote of a majority of the full membership of the board shall be required for the passage of any motion or resolution. Any member who abstains from voting shall be counted as having voted against the motion or resolution. If a member announces a conflict of interest with regard to the issue, the member may leave the meeting until the voting on the issue is concluded, and the member who abstains from voting thereby shall not be counted as having voted.

(b) Except as otherwise provided by law, the board shall have and may exercise the same powers and authorities as were immediately prior to this act conferred uniformly upon boards of education in cities of the first class, and, in addition thereto, the powers and authority expressly conferred by law.

(c) The board shall have authority to prescribe courses of study for each year of the school program and to adopt rules and regulations for teaching in the school district and general government thereof, and to approve and adopt suitable textbooks and study material for use therein subject to the plans, methods, rules and regulations of the state board of education.

(d) The board may provide legal counsel at district expense to any members of the board of education, or school district officers or employees who are sued in situations relating to and arising out of the performance of their office or employment. No teacher or other employment contract shall make reference to or incorporate the provisions of this subsection, nor shall the provisions of this subsection be construed to be any part of the consideration of employment of any teacher, officer or other employee of the board.

(e) (1) The board may transact all school district business and adopt policies that the board deems appropriate to perform its constitutional duty to maintain, develop and operate local public schools.

(2) The power granted by this subsection shall not be construed to relieve a board from compliance with state law.

The power granted by this subsection shall not be construed to relieve any other unit of government of its duties and responsibilities that are prescribed by law, nor to create any responsibility on the part of a school district to assume the duties or responsibilities that are required of another unit of government.

(3) The board shall exercise the power granted by this subsection by resolution of the board of education.

History: L. 1963, ch. 393, § 21; L. 1965, ch. 410, § 15; L. 1968, ch. 209, § 1; L. 1981, ch. 293, § 1; L. 2003, ch. 40, § 1; L. 2003, ch. 158, § 8; L. 2019, ch. 36, § 7; April 25.

Source or Prior Law:

72-8205.

Revisor's Note:

Boards of education authorized to enter into agreements for the use of school lunch facilities for the preparation and service of meals for the aged, see 39-711a.

Section was also amended by L. 2003, ch. 59, § 1, but that version was repealed by L. 2003, ch. 158, § 11.

Law Review and Bar Journal References:

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

"Open Meetings Profile: The Prosecutor's View," Bradley J. Smoot and Louis M. Clothier, 20 W.L.J. 241, 270 (1981).

"Constitutional Law: Due Process Rights of Nontenured Public School Teachers Dismissed for Misconduct During the School Year," David W. Brooks, 23 W.L.J. 173, 182 (1983).

"Should There Be Home Rule for Kansas School Districts?" Charles Benjamin, 5 Kan. J.L. & Pub. Pol'y, No. 3, 175, 180, 183 (1996).

"What Should Lawyers Know from the 2003 Kansas Legislative Session?" Whitney B. Damron, 72 J.K.B.A. No. 7, 16 (2003).

"Home Rule, A Primer," Michael R. Heim, 74 J.K.B.A. No. 1, 26 (2005).

Attorney General's Opinions:

Responsibility to investigate home instruction. 85-159.

Open public meetings; attendance at executive sessions. 86-143.

Merger of high schools; disposition of senior class funds. 87-189.

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

Policy of evaluation of certificated school personnel; legislative intent. 90-133.

Organization order for unified school district; affirmative action contracting program. 92-3.

Cities and municipalities; distribution of taxes, when. 92-123.

Unified school district may pay litigation costs of lawsuits in which involved but may not contribute to costs once removed from lawsuit. 1999-66.

Unified school district may use public funds to employ lobbyist but may not provide financial support from such funds to political action committee. 2002-19.

Independent of KORA, school board is obligated to publish names, positions and salaries of superintendent and department heads of school district. 2003-3.

Majority of quorum of board or trustees of community college has power to take binding action; condition may not be changed by board action. 2002-51.

School district may use Quality Zone Academy Bond proceeds for academy purposes but may not mortgage public property. 2005-22.

Joint recreation commission has authority to enter into agreement with private organization for recreational programming; limitations. 2009-3.

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. All members of board present at meeting held hereunder; notice waived; resolution adopted at meeting valid. West v. Unified School District, 204 Kan. 29, 36, 460 P.2d 103.

2. School hair length regulation constitutionally permissible; subject to state board recommendations and statutes; local boards supervise schools. Blaine v. Board of Education, 210 Kan. 560, 564, 502 P.2d 693.

3. Cited; state board of education possesses general supervisory powers over district boards. State, ex rel., v. Board of Education, 212 Kan. 482, 489, 490, 511 P.2d 705.

4. Mentioned in action involving collective negotiations of teachers' association with school board. National Education Association v. Board of Education, 212 Kan. 741, 748, 512 P.2d 426.

5. Applied; board exercising quasi-judicial function issued reprimand; remedy for party aggrieved was appeal. Schulze v. Board of Education, 221 Kan. 351, 356, 559 P.2d 367.

6. Vote necessary on motion to fill vacancy on board considered; "full membership of board" construed. U.S.D. No. 407 v. Fisk, 232 Kan. 820, 825, 826, 827, 828, 829, 660 P.2d 533 (1983).

7. School board cannot enlarge authority or power granted by statute. NEA-Wichita v. U.S.D. No. 259, 234 Kan. 512, 517, 674 P.2d 478 (1983).

8. Authority of county commission to increase quorum requirements under home rule powers (K.S.A. 19-101 et seq.) determined. State ex rel. Stephan v. Board of Sedgwick County Comm'rs, 244 Kan. 536, 538, 770 P.2d 455 (1989).


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