chapter-71•Chapter 71 — Schools—Community Colleges
Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.
Revisor's Note: 71-101 to 71-119 transferred to 70a-101 through 70a-119, respectively.
(a) On and after the effective date of this act, every public community junior college, established and existing under the laws of this state, is hereby officially designated as a community college.
(b) Whenever the community colleges officially designated as such in subsection (a) are referred to or designated by the terms "community junior college" or "junior college" in a statute, contract or other document, such reference or designation shall be deemed to apply to said community colleges.
History: L. 1980, ch. 207, § 1; July 1.
(a) The board of trustees, in accordance with the provisions of law and the rules and regulations of the state board of regents, shall have custody of and be responsible for the property of the community college and shall be responsible for the operation, management and control of the college. The board of trustees shall hold at least one regular meeting each month at a time prescribed by the board. The board shall make an annual report in the manner prescribed by the state board of regents. Members of the board of trustees shall be paid subsistence allowances, mileage and other actual and necessary expenses incurred in the performance of their official duties.
(b) For effectuation of the purposes of this act, the board of trustees in addition to such other powers expressly granted to it by law and subject to the rules and regulations of the state board of regents is hereby granted the following powers:
(1) To select its own chairperson and such other officers as it may deem desirable, from among its own membership. The secretary may be chief administrative officer of the college.
(2) To sue and be sued.
(3) To determine the educational program of the college subject to prior approval thereof as provided in this act and to grant certificates of completion of courses or curriculum.
(4) To appoint and fix the compensation and term of office of a president or chief administrative officer of the college.
(5) To appoint upon nomination of the president or the chief administrative officer members of the administrative and teaching staffs, to fix and determine within state adopted standards their specifications, define their duties and to fix their compensation and terms of employment. No community college teacher shall be required to meet licensure requirements greater than those required in the state educational institutions.
(6) Upon recommendation of the chief administrative officer, to appoint or employ such other officers of the college, agents and employees as may be required to carry out the provisions of law and to fix and determine within state adopted standards their qualifications, duties, compensation, terms of office or employment and all other items and conditions of employment.
(7) To enter into contracts.
(8) To accept from any government or governmental agency, or from any other public or private body, or from any other source, grants or contributions of money or property which the board may use for or in aid of any of its purposes.
(9) To acquire by gift, purchase, lease-purchase, condemnation or otherwise, and to own, lease, use and operate property, whether real, personal, or mixed, or any interest therein, which is necessary or desirable for community college purposes. Any lease-purchase agreement entered into under authority of this subsection shall be subject to the conditions set forth in K.S.A. 10-1116c, and amendments thereto. The term of any lease entered into under authority of this subsection may be for not to exceed 10 years. Such lease may provide for annual or other payment of rent or rental fees and may obligate the community college to payment of maintenance or other expenses. Any lease or lease-purchase agreement entered into under authority of this subsection shall be subject to change or termination at any time by the legislature. Any assignment of rights in any lease or lease-purchase made under this subsection shall contain a citation of this section and a recitation that the lease or lease-purchase agreement and assignment thereof are subject to change or termination by the legislature. To the extent that the provisions of the cash-basis and budget laws conflict with this subsection in such a manner as to prevent the intention of this subsection from being made effective, the provisions of this subsection shall control. This provision is subject to the provisions of subsection (d).
(10) To enter into lease agreements as lessor of any property, whether real, personal, or mixed, which is owned or controlled by the community college. Any such agreement may specify the purposes for which the property may be used, require that the property be maintained and operated by the lessee, and may contain such restrictions or limitations on the use of the property, be entered into for such period of time, and include such other terms and conditions as the board of trustees determines to be necessary and proper. Every such agreement shall be subject to change or termination at any time by the legislature. Any assignment of rights under any such agreement shall be subject to approval by the board of trustees and shall contain a citation of this section and a recitation that the lease agreement and assignment of rights thereunder are subject to change or termination by the legislature.
(11) To determine that any property owned by the college is no longer necessary for college purposes and to dispose of the same in such manner and upon such terms and conditions as provided by law.
(12) To exercise the right of eminent domain, pursuant to chapter 26 of the Kansas Statutes Annotated, and amendments thereto.
(13) To make and promulgate such rules and regulations, not inconsistent with the provisions of law or with rules and regulations of the state board of regents, that are necessary and proper for the administration and operation of the community college, and for the conduct of the business of the board of trustees.
(14) To exercise all other powers not inconsistent with the provisions of law or with the rules and regulations of the state board of regents which may be reasonably necessary or incidental to the establishment, maintenance and operation of a community college.
(15) To appoint a member to fill any vacancy on the board of trustees for the balance of the unexpired term. When a vacancy occurs, the board shall publish a notice one time in a newspaper having general circulation in the community college district stating that the vacancy has occurred and that it will be filled by appointment by the board not sooner than 15 days after such publication.
(16) To contract with one or more agencies, either public or private, whether located within or outside the community college district or whether located within or outside the state of Kansas for the conduct by any such agencies of education for students of the community college, and to provide for the payment to any such agencies for their contracted educational services from any funds or moneys of the community college, including funds or moneys received from student tuition and fees, funds received from the state of Kansas or the United States for education, or taxes collected under K.S.A. 71-204, and amendments thereto. Any contract made under this subsection with an institution of another state shall be subject to the provisions of K.S.A. 71-202, and amendments thereto.
(17) To authorize by resolution the establishment of a petty cash fund in an amount not to exceed $1,000, and to designate in such resolution an employee to maintain such petty cash fund. The employee designated in any resolution provided for in this subsection receiving such funds shall keep a record of all receipts and expenditures from the fund, and shall from time to time, and at the end of the fiscal year, prepare a statement for the board showing all receipts, expenditures, and the balance in the petty cash fund. The board of trustees may authorize the employee designated to maintain any petty cash fund to make a claim for replenishment of the fund to its original amount in advance of approval by the board of trustees if, at any time during the period between regular monthly meetings of the board of trustees, the balance remaining in the fund is insufficient to make needed expenditures for any purpose for which the petty cash fund is maintained. No petty cash fund may be replenished more than one time during each period between regular monthly meetings of the board of trustees. If a petty cash fund is replenished prior to the end of the fiscal year in accordance with the foregoing authorization, the employee authorized to maintain the petty cash fund shall keep an accurate record of all expenditures made therefrom, and the purpose therefor, and shall submit the record to the board of trustees at the next regular monthly meeting thereof. The petty cash fund shall be replenished by payment from the appropriate funds of the community college to the petty cash fund upon proper claim. The fund shall be kept separate from all other funds and shall be used only for authorized expenditures and itemized receipts shall be taken for each expenditure. No part of such fund may be loaned or advanced against the salary of an employee. All employees entrusted with such funds under this subsection shall be bonded by the community college district.
(c) Subject to the provisions of subsection (d), the board of trustees may purchase or otherwise acquire land or land and improvements and may acquire, construct, reconstruct, repair or remodel improvements thereon or additions thereto, including furnishings, equipment, and architectural and incidental expense related thereto, and for such purposes the board of trustees is authorized to issue and sell general obligation bonds, the cumulative total not to exceed the following amounts: Where the community college district has a taxable tangible valuation of less than $90,000,000 or is located in a county designated as urban under the provisions of K.S.A. 19-3524, and amendments thereto, not to exceed 5% of the taxable tangible property of the community college district, and where the community college district has a taxable tangible valuation of more than $90,000,000 not to exceed 3% except as provided above for any community college district located in a county designated as urban under the provisions of K.S.A. 19-3524, and amendments thereto, of the taxable tangible property of the community college district. If any increase in the valuation of a community college district results in an outstanding bonded indebtedness in excess of that provided in this subsection, such increase shall not constitute a violation of this subsection. No such bonds shall be issued until the question of their issuance shall have been submitted to a vote of the electors of the community college district at a regular election or at a special election called for that purpose and the majority of the electors voting on the proposition in such community college district shall have voted in favor of the issuance of the bonds. Such election shall be called, noticed and held and the bonds issued, sold, delivered and retired in accordance with the provisions of the general bond law except as herein otherwise expressly provided.
(d) (1) Except as provided in K.S.A. 74-32,433, and amendments thereto, the board of trustees of a community college may purchase or otherwise acquire land or land and improvements within: (A) The community college district; or (B) the service area of the community college. Nothing in this subsection shall be construed or operate in any manner to require a board of trustees to sell, convey or otherwise dispose of land or land and improvements located outside the community college district or the service area of the community college and owned or being acquired by the community college on the effective date of this act.
(2) For the purposes of this subsection, "service area" means a designated geographic area of the state established pursuant to agreement of the presidents of the community colleges and adopted in policy by the state board of regents.
History: L. 1965, ch. 417, § 14; L. 1969, ch. 310, § 52; L. 1972, ch. 267, § 1; L. 1973, ch. 273, § 1; L. 1978, ch. 277, § 1; L. 1980, ch. 207, § 2; L. 1981, ch. 269, § 1; L. 1984, ch. 256, § 1; L. 1990, ch. 251, § 1; L. 1990, ch. 252, § 1; L. 1991, ch. 213, § 1; L. 1996, ch. 269, § 3; L. 1999, ch. 147, § 26; L. 2005, ch. 69, § 2; L. 2009, ch. 93, § 1; L. 2011, ch. 97, § 13; L. 2012, ch. 159, § 7; July 1, 2013.
(a) It is the public policy of the state of Kansas that all contracts entered into by the board of trustees of a community college, or any officers or employees thereof acting on behalf of the board, provide that the community college and board of trustees shall be responsible solely for the community college's or board's actions or failure to act under a contract.
(b) The board of trustees of a community college and any officers or employees thereof acting on behalf of the board shall not have the authority to enter into a contract under which the community college or board agrees to, or is required to, indemnify or hold harmless against damages, injury or death resulting from the actions or failure to act on the part of any party to a contract other than the board or the community college.
(c) The provisions of any contract entered into in violation of this section shall be contrary to the public policy of the state of Kansas and shall be void and unenforceable.
History: L. 2005, ch. 158, § 4; July 1.
(a) It is the public policy of the state of Kansas that all contracts entered into by the board of trustees of a community college, or any officers or employees thereof acting on behalf of the board, shall be governed by and interpreted in accordance with the laws of the state of Kansas.
(b) The board of trustees of a community college and any of its officers or employees acting on behalf of the board shall have no power to enter into a contract which provides that the contract shall be governed by or interpreted in accordance with the laws of a state other than the state of Kansas.
(c) The board of trustees of a community college and any officers or employees thereof acting on behalf of the board shall have no power, pursuant to a contract, to submit to the jurisdiction of any court other than a court of the state of Kansas.
(d) The provisions of any contract entered into in violation of this section shall be contrary to the public policy of the state of Kansas and shall be void and unenforceable.
History: L. 2005, ch. 158, § 5; July 1.
(a) Except as provided by subsection (c), any contract entered into by the board of trustees of a community college or any of its officers or employees acting on behalf of the board shall contain the mandatory contract provisions prescribed by the department of administration in form DA-146a, as amended.
(b) Except as provided by subsection (c), any contract entered into after the effective date of this act shall be deemed to have incorporated the mandatory contract provisions prescribed by the department of administration in form DA-146a, as amended, even if such provisions are not specifically contained in such contract.
(c) The board of trustees of a community college may omit any of the mandatory contract provisions prescribed by the department of administration in form DA-146a, as amended, upon the affirmative recorded vote of a majority of the members of the board. The board shall not have the authority to waive or omit from the provisions of any contract the provisions of K.S.A. 71-201a or 71-201b, and amendments thereto.
History: L. 2005, ch. 158, § 6; July 1.
History: L. 1972, ch. 267, § 2; L. 1980, ch. 207, § 3; L. 1999, ch. 147, § 87; Repealed, L. 2005, ch. 23, § 1; July 1.
The board of trustees of a community college shall not authorize or permit the expenditure of any public funds, either directly or indirectly, for scholarships for students who reside outside of the community college district. No public funds shall be expended for athletic scholarships. For the purpose of this section, moneys received from sale of admissions to activities which the community college sponsors and moneys received from private sector persons or organizations shall not be deemed to be public funds. Notwithstanding any provision of law to the contrary, a community college may use student fees to grant student scholarships if such use is approved by the board of trustees and acknowledged by student government representatives.
History: L. 1968, ch. 211, § 20; L. 1969, ch. 340, § 2; L. 1980, ch. 207, § 4; L. 2001, ch. 83, § 1; July 1.
(a) For the purpose of community college maintenance and operation, the board of trustees is authorized to levy a tax on the taxable tangible property of the community college district.
Such tax levy shall be the amount determined by the board of trustees to be sufficient to finance that part of the budget of the community college which is not financed from any other source provided by law. The budget of the community college shall be prepared and adopted as provided by law, and the tax levy therefor shall be certified to the county clerk of every county a part of the territory of which is in the community college district.
(b) The tax levy authorized by subsection (a) shall be reduced (1) in the 2001 fiscal year by an amount equal to 80% of the amount of the difference between the amount of state aid received by the community college in the 2000 fiscal year less an amount equal to 25% of the amount of out-district tuition received by the community college in such fiscal year and the amount of the state grant to which the community college is entitled in the 2001 fiscal year and (2) in fiscal years 2002, 2003 and 2004 by an amount equal to 80% of the amount of the difference between the amount of the state grant received by the community college in the preceding fiscal year less an amount equal to 25% of the amount of out-district tuition received by the community college in the 2000 fiscal year and the amount of the state grant to which the community college is entitled in the current fiscal year and (3) in each fiscal year after the 2004 fiscal year by an amount equal to 80% of the amount of the difference between the amount of the state grant received by the community college in the preceding fiscal year and the amount of the state grant to which the community college is entitled in the current fiscal year.
History: L. 1965, ch. 417, § 15; L. 1967, ch. 408, § 2; L. 1976, ch. 299, § 1; L. 1980, ch. 207, § 5; L. 1999, ch. 147, § 27; July 1.
For the purpose of offering and providing off-campus instruction and courses of study at the Fort Leavenworth military reservation, any community college board of trustees is hereby authorized to enter into agreements with the United States of America or any department or agency thereof. Credit for such study shall be given and accredited in the same manner and to the same extent as other community college credit is given and accredited.
History: L. 1968, ch. 247, § 1; L. 1980, ch. 207, § 6; July 1.
Any community college board shall receive, deposit and disburse all funds due or to become due for off-campus instruction at Fort Leavenworth military reservation in the same manner as other funds belonging to the board, and all funds so received, or which have been so received, shall be available and expended for such off-campus instruction and other lawful purposes of the board without regard to any restrictions or limitations contained in the budget law.
History: L. 1968, ch. 247, § 2; L. 1980, ch. 207, § 7; July 1.
History: L. 1968, ch. 264, § 1; L. 1974, ch. 403, § 2; L. 1980, ch. 207, § 8; Repealed, L. 1982, ch. 282, § 16; May 20.
History: L. 1968, ch. 264, § 2; L. 1980, ch. 207, § 9; Repealed, L. 1982, ch. 282, § 16; May 20.
History: L. 1968, ch. 264, § 3; L. 1974, ch. 403, § 3; L. 1980, ch. 207, § 10; Repealed, L. 1982, ch. 282, § 16; May 20.
The board of trustees of any community college, upon majority vote of the members thereof, is hereby authorized to pay dues or membership fees from the general fund of such community college for affiliation with any organization or association the purpose and function of which is to provide for: (a) Accreditation necessary to enable the community college to fulfill its educational mission; or (b) eligibility for participation by the community college in formal athletic competition; or (c) the exchange of information and cooperation among community and junior colleges for the strengthening of programs for the benefit of its member community and junior colleges; or (d) information, education and assistance to boards of trustees on curriculum or in solving problems peculiar to community and junior college operation.
History: L. 1976, ch. 302, § 2; L. 1980, ch. 207, § 11; July 1.
The director of accounts and reports, with the advice of the state board of regents, the senate committee on education and the house of representatives committee on education, shall prescribe a standardized and uniform chart of accounts for use by all community colleges. Such chart of accounts shall be compatible with the revenues and expenditures classification system developed by the national association of college and university business officers. The chart of accounts shall be adaptable to manual or automated systems, and use of such chart of accounts is hereby required for all community colleges.
History: L. 1973, ch. 293, § 1; L. 1978, ch. 300, § 1; L. 1979, ch. 217, § 1; L. 1980, ch. 207, § 12; L. 1999, ch. 147, § 88; L. 2013, ch. 134, § 25; July 1.
(a) The board of trustees of any community college may establish an early retirement incentive program for the benefit of the employees of the community college for retirement of employees prior to the normal retirement age of 65 years. As used in this act, an "early retirement incentive program" is a program that provides cash payments, either in the form of a lump-sum payment at the beginning of the fiscal year, or in regular payments during the fiscal year. No payment pursuant to an early retirement incentive program as provided in this section shall be made prior to the retirement under the provisions of the Kansas public employees retirement system of any such employee of the community college.
(b) Commencing in the fiscal year that commenced in calendar year 2002 and every three years thereafter, each board that has established an early retirement incentive program shall prepare and submit a report to the state board of regents related to such early retirement incentive program. Such report shall contain: (1) Three years of budget data of such program, including actual costs, and a current year and future years' budget data for three to five years; (2) current costs and benefits of such program and projected costs and benefits of such program for three to five years; (3) current and projected number of participants in such program; and (4) such other information as required by the state board of regents. The state board of regents shall design and distribute forms to carry out the provisions of this act to the board of trustees of each community college that has established an early retirement incentive program. The state board of regents shall compile and prepare a summary report which shall be submitted to the joint committee on pensions, investments and benefits no later than January 1 of the year that follows the end of the fiscal year in which the reporting is required as provided in this subsection.
History: L. 1981, ch. 267, § 1; L. 1994, ch. 293, § 5; L. 1996, ch. 266, § 3; L. 1999, ch. 171, § 1; L. 2002, ch. 63, § 1; July 1.
The board of trustees is hereby authorized to budget and expend such amounts for early retirement incentive programs as the board may deem to be necessary and desirable.
History: L. 1981, ch. 267, § 2; July 1.
Nothing in this act shall be construed to create any right, or to authorize the creation of any right, which is not subject to amendment or nullification by act of the legislature.
History: L. 1981, ch. 267, § 3; July 1.
As used in K.S.A. 71-216 through 71-218, and amendments thereto:
(a) "Board" means the board of trustees of a community college.
(b) "Employees" means all full-time employees of community colleges.
(c) "Full-time employees of community colleges" means instructional and administrative employees who are under contract for services to a community college for a term of not less than nine months and whose services to a community college are considered their principal employment.
(d) "School year" means the period from July 1 to June 30.
History: L. 2006, ch. 45, § 3; July 1.
Each board shall adopt a written policy of personnel evaluation procedure in accordance with this act. Every policy so adopted shall:
(a) Be prescribed in writing at the time of original adoption and at all times thereafter when any amendments are adopted.
(b) Include evaluation procedures applicable to all employees.
(c) Provide that all evaluations are to be made in writing and that evaluation documents and responses thereto are to be maintained in a personnel file for each employee for a period of not less than three years from the date each evaluation is made.
(d) Except as provided herein, provide that every employee in the first two consecutive school years of employment shall be evaluated at least one time per semester. Any employee who is not employed for the entire semester shall not be required to be evaluated. During the third and fourth years of employment, every employee shall be evaluated at least one time each school year. After the fourth year of employment every employee shall be evaluated at least once in every three years.
History: L. 2006, ch. 45, § 4; July 1.
Evaluation policies adopted under K.S.A. 71-216, and amendments thereto, shall meet the following guidelines or criteria:
(a) Consideration shall be given to the following employee attributes: Efficiency, personal qualities, professional deportment, ability, results and performance and such other matters as may be deemed material.
(b) Community attitudes toward, support for and expectations with regard to educational programs shall be reflected.
(c) The original policy and any amendments thereto shall be developed by the board in cooperation with the persons responsible for making evaluations and the persons who are to be evaluated, and, to the extent practicable, consideration shall be given to comment and suggestions from other community interests.
(d) Evaluations of the chief administrator employed by a board shall be made by the board. The board shall place primary responsibility upon members of the administrative staff in making evaluations of other employees.
(e) Persons to be evaluated shall participate in their evaluations, and shall be afforded the opportunity for self-evaluation.
(f) The contract of any person subject to evaluation shall not be nonrenewed on the basis of incompetence unless an evaluation of such person has been made prior to notice of nonrenewal of the contract and unless the evaluation is in substantial compliance with the board's policy of personnel evaluation procedure.
History: L. 2006, ch. 45, § 5; July 1.
Whenever any evaluation is made of an employee, the written document thereof shall be presented to the employee, and the employee shall provide written acknowledgment of such presentation. At any time not later than two weeks after such presentation, the employee may respond thereto in writing. Except by order of a court of competent jurisdiction, evaluation documents and responses thereto shall be available only to the evaluated employee, the board, the appropriate administrative staff members designated by the board, the community college attorney upon request of the board, the board and the administrative staff of any community college to which such employee applies for employment, and other persons specified, in writing, by the employee to the employee's board.
History: L. 2006, ch. 45, § 6; July 1.
The board of trustees of each community college shall identify those courses offered by such community college that transfer to all state educational institutions, as that term is defined in K.S.A. 76-711, and amendments thereto. All such courses shall be prominently identified on such community college's website and shall be accessible through a link on the state board of regent's website.
History: L. 2019, ch. 41, § 1; July 1, 2020.
The board of trustees of each community college shall annually publish the following information on such community college's website homepage with an easily identifiable link, which shall be titled, "Taxpayer and student transparency data":
(a) The tuition rate for: (1) Students residing in the community college district; (2) students residing outside the community college district; (3) students residing outside the state of Kansas; and (4) students residing outside the United States;
(b) the fees charged to: (1) Students residing in the community college district; (2) students residing outside the community college district; (3) students residing outside the state of Kansas; and (4) students residing outside the United States;
(c) the total cost, excluding textbooks and housing costs, per credit hour for each semester for: (1) Students residing in the community college district; (2) students residing outside the community college district; (3) students residing outside the state of Kansas; and (4) students residing outside the United States;
(d) the percentage of students attending each campus operated by the community college for: (1) Students residing in the community college district; (2) students residing outside the community college district; (3) students residing outside the state of Kansas; and (4) students residing outside the United States;
(e) the enrollment percentage of: (1) Students residing in the community college district; and (2) students residing outside the community college district;
(f) the enrollment percentage of students residing in the service area of the community college;
(g) the aggregate amount of property tax revenues collected for tax levies imposed by the board of trustees of the community college for each of the immediately preceding five fiscal years and the change in such amount from year-to-year, expressed as a percentage;
(h) the aggregate amount of mills levied by the board of trustees of the community college for each of the immediately preceding five fiscal years and the change in such amount from year-to-year, expressed as a percentage; and
(i) (1) subject to paragraph (2), the aggregate amount disbursed for the two immediately preceding fiscal years for all institutional scholarships, foundation scholarships and pell grants, and the total amount disbursed for the two immediately preceding fiscal years for:
(A) Athletic scholarships for students residing in the community college district;
(B) athletic scholarships for students residing outside the state of Kansas;
(C) non-athletic scholarships for students residing in the community college district; and
(D) non-athletic scholarships for students residing outside the state of Kansas.
(2) No aggregate information required to be reported pursuant to paragraph (1) shall be reported if such information could identify a student with reasonable certainty.
History: L. 2019, ch. 41, § 2; July 1, 2020.
(a) The board of trustees shall charge to and collect from each student tuition at rates per credit hour enrolled which shall be established by the board of trustees.
(b) In addition to tuition, the board of trustees may charge to and collect from each student fees at rates and for purposes established by the board of trustees. Any fee charged pursuant to this section shall be for a specific purpose, which shall be clearly stated on the community college's website. Any billing statements or other information provided to students regarding student fees shall guide students to such website address. Revenues from all fees shall only be expended for that purpose for which the fee is charged.
History: L. 1965, ch. 417, § 16; L. 1968, ch. 211, § 11; L. 1970, ch. 287, § 1; L. 1971, ch. 235, § 1; L. 1972, ch. 270, § 1; L. 1973, ch. 274, § 2; L. 1975, ch. 361, § 1; L. 1976, ch. 300, § 1; L. 1978, ch. 278, § 1; L. 1980, ch. 208, § 4; L. 1980, ch. 209, § 1; L. 1981, ch. 270, § 1; L. 1982, ch. 282, § 1; L. 1984, ch. 257, § 1; L. 1985, ch. 234, § 1; L. 1986, ch. 256, § 4; L. 1988, ch. 273, § 1; L. 1988, ch. 274, § 1; L. 1990, ch. 252, § 2; L. 1990, ch. 66, § 47; L. 1993, ch. 265, § 8; L. 1995, ch. 207, § 1; L. 1996, ch. 152, § 1; L. 1998, ch. 176, § 2; L. 1999, ch. 147, § 28; L. 2001, ch. 83, § 2; L. 2019, ch. 41, § 3; July 1, 2020.
History: L. 1999, ch. 147, § 29; L. 2002, ch. 108, § 10; L. 2003, ch. 35, § 10; Revived and amended, L. 2004, ch. 185, § 37; Expired June 30, 2006.
History: L. 1968, ch. 211, § 19; L. 1969, ch. 340, § 1; L. 1973, ch. 274, § 1; L. 1980, ch. 210, § 1; L. 1981, ch. 270, § 2; L. 1987, ch. 264, § 3; L. 1988, ch. 273, § 2; L. 1988, ch. 363, § 1; L. 1988, ch. 274, § 2; L. 1991, ch. 214, § 1; L. 1994, ch. 137, § 1; Repealed, L. 1996, ch. 152, § 10; July 1.
History: L. 1965, ch. 417, § 24; L. 1968, ch. 211, § 12; L. 1973, ch. 274, § 3; L. 1980, ch. 207, § 15; Repealed, L. 1982, ch. 282, § 16; May 20.
History: L. 1978, ch. 281, § 1; L. 1980, ch. 207, § 16; L. 1999, ch. 147, § 30; L. 2002, ch. 108, § 11; L. 2003, ch. 35, § 11; Revived and amended, L. 2004, ch. 185, § 38; Expired, June 30, 2006.
History: L. 1978, ch. 281, § 2; L. 1980, ch. 207, § 17; L. 1999, ch. 147, § 31; L. 2002, ch. 108, § 12; L. 2003, ch. 35, § 12; Revived and amended, L. 2004, ch. 185, § 39; Expired, June 30, 2006.
History: L. 1978, ch. 281, § 3; L. 1980, ch. 207, § 18; L. 1999, ch. 147, § 32; L. 2002, ch. 108, § 13; L. 2003, ch. 35, § 13; Revived and amended, L. 2004, ch. 185, § 40; Expired, June 30, 2006.
History: L. 1979, ch. 215, § 2; L. 1980, ch. 207, § 19; Repealed, L. 1982, ch. 282, § 16; May 20.
History: L. 1999, ch. 147, § 33; L. 2002, ch. 108, § 14; L. 2003, ch. 35, § 14; Revived and amended, L. 2004, ch. 185, § 41; Expired, June 30, 2006.
History: L. 1971, ch. 236, § 1; L. 1972, ch. 269, § 1; L. 1973, ch. 274, § 4; L. 1980, ch. 207, § 20; L. 1997, ch. 11, § 1; L. 1999, ch. 147, § 34; L. 2002, ch. 108, § 15; L. 2003, ch. 35, § 15; Revived and amended, L. 2004, ch. 185, § 42; Expired, June 30, 2006.
History: L. 1971, ch. 236, § 2; L. 1972, ch. 269, § 2; L. 1973, ch. 274, § 5; L. 1980, ch. 207, § 21; L. 1999, ch. 147, § 35; L. 2002, ch. 108, § 16; L. 2003, ch. 35, § 16; Revived and amended, L. 2004, ch. 185, § 43; Expired, June 30, 2006.
History: L. 1971, ch. 236, § 3; L. 1972, ch. 269, § 3; L. 1973, ch. 274, § 6; L. 1980, ch. 207, § 22; L. 1999, ch. 147, § 36; L. 2002, ch. 108, § 17; L. 2003, ch. 35, § 17; Revived and amended, L. 2004, ch. 185, § 44; Expired, June 30, 2006.
History: L. 1972, ch. 269, §§ 4, 5; Repealed, L. 1973, ch. 274, § 22; July 1.
(a) Subject to the provisions of K.S.A. 71-407, and amendments thereto, persons enrolling in a community college who, if adults, have not been, or if minors, whose parents have not been residents of the state of Kansas for at least six months prior to enrollment for any term or session are nonresidents of the state for the purpose of determining state entitlements.
(b) For the purpose of determining the residence of persons enrolling as a student in a community college, residence of minors shall be determined as provided in K.S.A. 72-1046, and amendments thereto, and of adults as provided in subpart
Twenty-third
of K.S.A. 77-201, and amendments thereto. The state board of regents may adopt rules and regulations governing the determination of residence of students.
History: L. 1972, ch. 271, § 1; L. 1980, ch. 207, § 23; L. 1996, ch. 152, § 2; L. 1997, ch. 11, § 2; L. 1999, ch. 147, § 37; July 1.
(a) The following persons, or any class or classes thereof, and their spouses and dependents, may be considered residents of the state of Kansas by the state board for the purpose of determining state entitlements of community colleges: (1) Persons who are in active military service of the United States; (2) persons who are domiciliary residents of the state, who were in active military service prior to becoming domiciliary residents of the state, who were present in the state for a period of not less than two years during their tenure in active military service, whose domiciliary residence was established in the state within 30 days of discharge or retirement from active military service under honorable conditions, but whose domiciliary residence was not timely enough established to meet the residence duration requirement of K.S.A. 71-406, and amendments thereto; (3) persons who are employees of a community college; (4) persons having special domestic relations circumstances; (5) persons who have lost their resident status within six months of enrollment; (6) persons who are not domiciliary residents of the state, who have graduated from a high school accredited by the state board of education within six months of enrollment at a community college, who were domiciliary residents of the state at the time of graduation from high school or within 12 months prior to graduation from high school, and who are entitled to admission at a state educational institution pursuant to K.S.A. 72-116, and amendments thereto; and (7) persons who are domiciliary residents of the state, whose domiciliary residence was established in the state for the purpose of accepting, upon recruitment by an employer, or retaining, upon transfer required by an employer, a position of full-time employment at a place of employment in Kansas, but the domiciliary residence of whom was not timely enough established to meet the residence duration requirement of K.S.A. 71-406, and amendments thereto.
(b) As used in this section:
(1) "Domiciliary resident" means a person who has present and fixed residence in Kansas where the person intends to remain for an indefinite period and to which the person intends to return following absence.
(2) "Full-time employment" means employment requiring at least 1,500 hours of work per year.
(c) The state board shall prescribe criteria and guidelines for determination of the eligibility of persons specified in subsection (a) to be considered residents of the state and shall specify the evidence necessary to be submitted by such persons as proof of eligibility. Evidence submitted by a person as proof of eligibility claimed under subsection (a)(7) must include, but not by way of limitation, certification of the claim by the employer of the person.
History: L. 1997, ch. 11, § 3; L. 1999, ch. 147, § 38; July 1.
(a) The board of trustees of any community college is authorized to make an annual tax levy for a period of not to exceed five years of not to exceed two mills upon all taxable tangible property in the community college district for the purpose of construction, reconstruction, repair, remodeling, additions to, furnishing and equipping of community college buildings, architectural expenses incidental thereto, and the acquisition of real property for use as building sites or for educational programs. No levy shall be made under this section until a resolution authorizing the levy is passed by the board of trustees and published once each week for three consecutive weeks in a newspaper having general circulation in the community college district. The resolution shall specify the mill rate of the tax levy and the period of time for which the tax levy shall be made under authority thereof. After adoption of the resolution, the levy may be made unless, within 60 days following the last publication of the resolution, a petition in opposition to the levy, signed by not less than 5% of the qualified electors of the community college district, is filed with the county election officer of the county in which the main campus of the community college is located. If a petition is filed, the levy shall not be made without the question of levying the same having been submitted to and approved by a majority of the qualified electors of the district voting at an election called for that purpose or at the next general election. If a petition is filed and no election is held, a new resolution authorizing a levy for the purposes specified in this section may not be adopted for a period of one year after the filing of the petition.
(b) Whenever an initial resolution has been adopted under subsection (a) and the resolution specified a lesser mill rate than two mills, the board of trustees of the community college may adopt a second resolution under the same procedure as is provided in subsection (a) for the initial resolution and, subject to the same conditions and for the same purposes as provided in subsection (a), shall be authorized to make an additional tax levy in an amount to be specified in the second resolution for the remainder of the period of time specified in the initial resolution for the making of the levy under authority thereof. Any second resolution shall be limited in amount as specified in subsection (a), less such amount as was authorized in the initial resolution, and not to exceed an aggregate amount of two mills in any one year. If any such resolution is adopted and the tax levy therein specified is authorized under the conditions specified in subsection (a), the amount of bonds which may be issued under K.S.A. 71-502, and amendments thereto, may be increased accordingly.
(c) The board of trustees of any community college which has made a tax levy under this section may initiate, at any time after the final levy is certified to the county clerk under any current authorization, procedures to renew its authority to make a like annual tax levy in the amount, upon the conditions, and in the manner specified in subsection (a).
(d) As used in this act, "unconditionally authorized to make a tax levy under authority of article 5 of chapter 71 of Kansas Statutes Annotated" means that the board of trustees of the community college has adopted a resolution under this section, has published the same, and either that such resolution was not protested or that it was protested and an election was held by which the tax levy of the community college was approved.
History: L. 1968, ch. 211, § 1; L. 1977, ch. 231, § 1; L. 1977, ch. 232, § 1; L. 1979, ch. 215, § 1; L. 1980, ch. 207, § 24; L. 1986, ch. 257, § 1; L. 1986, ch. 258, § 1; May 15.
There is hereby established in every community college of the state a fund which shall be called the capital outlay fund, which fund shall consist of all moneys deposited therein in accordance with law. The proceeds of any tax levied under K.S.A. 71-501, and amendments thereto, shall be deposited in the capital outlay fund of the community college making such levy. Any proceeds derived from the sale of oil or gas or other minerals by a community college may be deposited in the capital outlay fund of the community college. To the extent that any other statute conflicts with this section, this section shall control.
History: L. 1977, ch. 232, § 2; L. 1980, ch. 211, § 1; July 1.
(a) Any moneys in the capital outlay fund of any community college district and any moneys received from issuance of bonds under this section may be used for the purposes specified in K.S.A. 71-501, and amendments thereto. The board of trustees of any community college district which is unconditionally authorized to make a tax levy under authority of article 5 of chapter 71 of Kansas Statutes Annotated, in lieu of making all or part of such tax levy, may issue and sell general obligation bonds as now provided by law for the issuance of general obligation bonds for buildings by such board of trustees, except that such bonds shall be issued to mature in not more than five (5) years and except that no election shall be required. In the event that bonds are issued under authority of this section, the amount of such bonds which may be issued shall be determined as follows:
(1) The amount of such bonds shall not exceed the amount of the product which results from multiplying the remaining number of years provided in the resolution authorizing the capital outlay fund tax levy and adopted under K.S.A. 71-501, and amendments thereto, times the mill rate provided in said resolution times the assessed valuation of the taxable tangible property of the district at the time the bonds are issued, less the sum of all amounts specified in paragraphs (2) and (3) of this subsection.
(2) The maximum amount of bonds authorized by this section to be issued shall be reduced by all amounts which have been or will be received by such community college district from any tax levy made under authority of said resolution prior to the issuance of such bonds, and such maximum amount shall be further reduced by the estimated amount of interest to be paid on such bonds.
(3) The maximum amount of bonds authorized by this section to be issued shall be reduced by an amount equal to the amount of unpaid principal on bonds which have theretofore been issued under this section.
(b) Bonds issued under the authority conferred by this section by the board of trustees of any community college shall not be subject to or within any bonded debt limitation prescribed by law and, in determining the amount of bonded indebtedness of any such community college in applying any such bonded debt limitation, bonds issued under this section shall not be considered.
History: L. 1969, ch. 343, § 1; L. 1972, ch. 268, § 1; L. 1977, ch. 232, § 3; L. 1979, ch. 214, § 2; L. 1980, ch. 207, § 26; July 1.
History: L. 1975, ch. 358, § 1; L. 1976, ch. 301, § 1; L. 1980, ch. 207, § 27; Repealed, L. 1986, ch. 257, § 4; Repealed, L. 1986, ch. 258, § 4; May 15.
History: L. 1975, ch. 358, § 2; Repealed, L. 1986, ch. 257, § 4; Repealed, L. 1986, ch. 258, § 4; May 15.
History: L. 1980, ch. 206, § 1; Repealed, L. 1986, ch. 257, § 4; Repealed, L. 1986, ch. 258, § 4; May 15.
History: L. 1981, ch. 268, § 1; Repealed, L. 1986, ch. 257, § 4; Repealed, L. 1986, ch. 258, § 4; May 15.
If any community college is unconditionally authorized to make a tax levy under authority of article 5 of chapter 71 of Kansas Statutes Annotated, but the board of trustees of the community college chooses, in any year, not to make the levy, or chooses to make a lesser levy than authorized, the board of trustees may do so. If the board of trustees of the community college refrains from making a levy in any one or more years or from making the full levy which it is authorized to make under K.S.A. 71-501, and amendments thereto, and the resolution adopted thereunder, the authority of the community college to make a tax levy under K.S.A. 71-501, and amendments thereto, shall not thereby be extended beyond the period of time specified in the resolution, nor shall the mill rate of the tax levy authorized for any succeeding year be increased thereby.
History: L. 1986, ch. 258, § 2; May 15.
This act shall not in any manner be construed as affecting the validity of any tax levies authorized to be made under article 5 of chapter 71 of Kansas Statutes Annotated prior to the effective date of this act, nor shall this act in any manner be construed as affecting the validity of any bonds issued or authorized to be issued under article 5 of chapter 71 of Kansas Statutes Annotated prior to the effective date of this act.
History: L. 1986, ch. 258, § 3; May 15.
(a) "Credit hour" means the basic unit of collegiate level instruction, as determined by the state board, in a subject or course offered at a level not higher than those subjects or courses normally offered to freshmen and sophomores in four-year institutions of postsecondary education which subject or course is approved by the state board.
(b) The term "credit hour" does not include instruction in a subject or course taken by a student enrolled for audit or in any subject or course not approved by the state board.
(c) The state board shall determine whether the subjects and courses offered in the community colleges are at the level of freshmen and sophomore subjects and courses offered in the state educational institutions and shall not approve for funding any subject or course offered at a higher level.
History: L. 1961, ch. 363, § 1; L. 1963, ch. 390, § 1; L. 1965, ch. 417, § 17; L. 1968, ch. 211, § 13; L. 1969, ch. 310, § 42; L. 1970, ch. 286, § 1; L. 1973, ch. 274, § 12; L. 1978, ch. 278, § 2; L. 1980, ch. 208, § 1; L. 1980, ch. 209, § 2; L. 1986, ch. 256, § 5; L. 1999, ch. 70, § 1; L. 1999, ch. 147, § 39; L. 2011, ch. 97, § 14; July 1.
History: L. 1961, ch. 363, § 3; L. 1963, ch. 390, § 3; L. 1965, ch. 417, § 19; L. 1968, ch. 211, § 14; L. 1972, ch. 265, § 1; L. 1973, ch. 274, § 7; L. 1975, ch. 361, § 2; L. 1977, ch. 233, § 1; L. 1978, ch. 278, § 3; L. 1978, ch. 280, § 1; L. 1980, ch. 208, § 2; L. 1980, ch. 209, § 3; L. 1982, ch. 282, § 2; L. 1984, ch. 258, § 1; L. 1985, ch. 234, § 2; L. 1988, ch. 274, § 3; L. 1995, ch. 207, § 2; L. 1996, ch. 152, § 3; L. 1997, ch. 11, § 4; L. 1999, ch. 147, § 55; Expired, June 30, 2000.
(a) On or before November 1 and on or before March 1 of each year, the chief administrative officer of each community college shall certify under oath to the state board the total number of duly enrolled credit hours of students of the community college during the current session who meet the state residence requirement or who are considered residents of the state pursuant to the provisions of K.S.A. 71-407, and amendments thereto. Each November 1 and March 1, certification for payment shall set forth separately the credit hour enrollment for preceding sessions and for the current fall session. The state board may require the community college to furnish any additional information deemed necessary by it to carry out the provisions of this act, and shall prescribe such forms and policies as may be necessary for making such reports.
(b) In November of each year, the county clerk of each county shall certify to the state board with respect to each community college district in the county, the current assessed valuation of taxable tangible property within each such district. As used in this subsection, the term "taxable tangible property" means all real and tangible personal property which is subject to general ad valorem taxation.
History: L. 1961, ch. 363, § 4; L. 1963, ch. 390, § 4; L. 1965, ch. 417, § 20; L. 1968, ch. 211, § 15; L. 1973, ch. 274, § 13; L. 1980, ch. 207, § 30; L. 1986, ch. 259, § 1; L. 1990, ch. 252, § 3; L. 1996, ch. 152, § 4; L. 1997, ch. 11, § 5; March 27.
(a) If the amount of any appropriation for state aid is insufficient to pay in full the amount each community college is otherwise eligible to receive, the amount appropriated shall be prorated among all community colleges in proportion to the amount each is eligible to receive.
(b) If any community college is paid more than the amount it is eligible to receive, the state board shall notify the community college of the amount of the overpayment and the community college shall remit the same to the state board and the state board shall deposit the same in the state treasury to the credit of the general fund, and if any such community college fails to remit, the state board shall deduct the excess amount so paid from future payments becoming due to such community college.
(c) If any community college is paid less than the amount it is eligible to receive, the state board shall pay the additional amount due at any time within the fiscal year in which the underpayment was made or within 60 days after the end of such fiscal year.
History: L. 1961, ch. 363, § 5; L. 1963, ch. 390, § 5; L. 1965, ch. 417, § 21; L. 1968, ch. 211, § 16; L. 1972, ch. 265, § 2; L. 1973, ch. 274, § 8; L. 1978, ch. 278, § 4; L. 1978, ch. 280, § 2; L. 1979, ch. 216, § 1; L. 1979, ch. 217, § 2; L. 1980, ch. 207, § 31; L. 1986, ch. 259, § 2; L. 1999, ch. 147, § 42; L. 2011, ch. 97, § 15; July 1.
The distribution of the appropriation for state grants shall be made in substantially equal payments on August 1 and January 1 of each fiscal year, or as soon thereafter as possible. The state board shall certify, on or before July 20 and December 20 of each fiscal year, to the director of accounts and reports the amount due on August 1 or on January 1, as the case may be, to each community college entitled to a state grant from such appropriation, and the director of accounts and reports shall draw a warrant upon the state treasurer in favor of the community college for such amount. Upon receipt of the warrant, the treasurer of the community college shall credit the amount of the warrant to the general fund of the community college.
History: L. 1961, ch. 363, § 6; L. 1963, ch. 390, § 6; L. 1965, ch. 417, § 22; L. 1968, ch. 211, § 17; L. 1973, ch. 274, § 9; L. 1980, ch. 207, § 32; L. 1986, ch. 259, § 3; L. 1987, ch. 273, § 2; L. 1999, ch. 147, § 43; July 1, 2000.
The provisions of this act shall apply only to community colleges accredited by the state board whose collegiate credit curriculums are limited to a program of not more than two (2) years.
History: L. 1961, ch. 363, § 7; L. 1963, ch. 390, § 7; L. 1965, ch. 417, § 23; L. 1968, ch. 211, § 18; L. 1980, ch. 207, § 33; July 1.
History: L. 1973, ch. 274, § 11; L. 1973, ch. 275, § 1; L. 1978, ch. 281, § 4; L. 1978, ch. 280, § 3; L. 1980, ch. 211, § 2; L. 1982, ch. 282, § 2; L. 1984, ch. 258, § 1; L. 1986, ch. 256, § 6; L. 1988, ch. 274, § 4; L. 1993, ch. 265, § 9; L. 1996, ch. 152, § 5; L. 1997, ch. 11, § 6; L. 1999, ch. 147, § 56; Expired, June 30, 2000.
History: L. 1973, ch. 274, § 14; Repealed, L. 1975, ch. 361, § 8; July 1.
(a) No amount of state funding shall be based upon enrollment in any subject or course the principal part of which is taught at a location outside the county of the main campus of the community college, unless the location of such subject or course is specifically authorized by the state board of regents.
(b) (1) No amount of state funding shall be based upon enrollment in any subject or course which is taught in a county in which the main campus of a state educational institution is located, unless the teaching of such subject or course is specifically authorized by the chief executive officer of the state educational institution or by a designee of the chief executive officer. The chief executive officer of each state educational institution may designate and authorize a person or committee to act on behalf of the chief executive officer in granting the authorizations required by this subsection.
(2) For the purposes of this subsection, the term "main campus of a state educational institution" as applied to Kansas state university of agriculture and applied science means and includes the campus of the university located in Riley county and the campus of the university's college of technology located in Saline county.
History: L. 1973, ch. 274, § 15; L. 1978, ch. 278, § 6; L. 1979, ch. 217, § 3; L. 1980, ch. 207, § 35; L. 1986, ch. 259, § 4; L. 1992, ch. 248, § 7; L. 1993, ch. 265, § 10; L. 1994, ch. 179, § 1; L. 1995, ch. 207, § 3; L. 1996, ch. 152, § 6; L. 1998, ch. 176, § 3; L. 1999, ch. 147, § 44; L. 2011, ch. 97, § 16; July 1.
No amount of the state operating grant of a community college shall be based upon any credit hour for which the community college is receiving or is eligible to receive postsecondary tiered technical education state aid.
History: L. 1978, ch. 278, § 7; L. 1978, ch. 280, § 4; L. 1980, ch. 207, § 36; L. 1986, ch. 259, § 5; L. 1999, ch. 147, § 45; L. 2011, ch. 97, § 17; July 1.
History: L. 1973, ch. 276, § 1; L. 1980, ch. 207, § 37; L. 1999, ch. 147, § 46; L. 2002, ch. 108, § 18; L. 2003, ch. 35, § 18; Revived and amended, L. 2004, ch. 185, § 45; Expired, June 30, 2006.
(a) "Operating expenses" means the total expenditures and lawful transfers from the general fund of a community college during a fiscal year for all purposes.
(b) "Legally adopted budget of operating expenses" means the amount legally authorized and budgeted for operating expenses in the general fund of a community college.
(c) "General fund" means the fund of a community college from which operating expenses are paid and, subject to the provisions of K.S.A. 71-613a, and amendments thereto, to which all amounts of state entitlements, property taxes for general purposes, student tuition, and other moneys provided for by law are credited.
History: L. 1973, ch. 274, § 16; L. 1975, ch. 362, § 1; L. 1975, ch. 361, § 3; L. 1980, ch. 207, § 38; L. 1986, ch. 259, § 6; L. 1987, ch. 265, § 1; L. 1996, ch. 152, § 7; L. 1999, ch. 147, § 47; July 1.
In any fiscal year, each community college may budget and expend for operating expenses any amount the board of trustees determines necessary to be budgeted therefor.
History: L. 1973, ch. 274, § 17; L. 1974, ch. 278, § 2; L. 1975, ch. 361, § 4; L. 1976, ch. 300, § 2; L. 1977, ch. 234, § 1; L. 1978, ch. 282, § 1; L. 1979, ch. 217, § 4; L. 1980, ch. 207, § 39; L. 1980, ch. 209, § 4; L. 1981, ch. 270, § 3; L. 1986, ch. 259, § 7; July 1.
History: L. 1974, ch. 278, § 1; L. 1975, ch. 361, § 5; L. 1976, ch. 300, § 3; Repealed, L. 1977, ch. 234, § 3; July 1.
History: L. 1973, ch. 274, § 18; L. 1980, ch. 207, § 40; L. 1999, ch. 147, § 48; L. 2000, ch. 86, § 1; Repealed, L. 2011, ch. 97, § 50; July 1.
History: L. 1975, ch. 362, § 2; L. 1980, ch. 207, § 41; L. 1986, ch. 259, § 8; L. 1996, ch. 152, § 8; L. 1999, ch. 147, § 49; Repealed, L. 2011, ch. 97, § 50; July 1.
Any lawful transfer of money from the general fund of a community college to the career technical education fund, adult education fund, adult supplementary education fund or motorcycle driver safety fund shall be an operating expense in the year the transfer is made. The board of trustees of any community college may transfer moneys from its general fund to its career technical education fund, adult education fund, adult supplementary education fund or motorcycle driver safety fund. Expenditures for career technical education, adult basic education, adult supplementary education and motorcycle driver safety shall not be made from the general fund of a community college.
History: L. 1973, ch. 274, § 19; L. 1974, ch. 311, § 12; L. 1974, ch. 312, § 3; L. 1979, ch. 223, § 1; L. 1980, ch. 207, § 42; L. 1989, ch. 39, § 4; L. 2011, ch. 97, § 18; July 1.
If a community college expends in any fiscal year an amount for operating expenses which exceeds its legally adopted budget of operating expenses, the state board of regents shall determine the excess and deduct the same from amounts payable to the community college during the next fiscal year.
History: L. 1973, ch. 274, § 20; L. 1980, ch. 207, § 43; L. 1981, ch. 270, § 4; L. 1999, ch. 147, § 50; July 1.
History: L. 1973, ch. 274, § 21; L. 1975, ch. 361, § 6; L. 1977, ch. 234, § 2; L. 1980, ch. 207, § 44; Repealed, L. 1981, ch. 270, § 5; July 1.
(a) The board of trustees of any community college may levy a tax in each year for a period of not to exceed five (5) years of not to exceed one-fourth (¼) mill on all taxable tangible property within the district to maintain and operate an adult basic education program at a level approved by the state board. In no event shall the tax levy authorized hereunder be at a rate which will produce an amount in excess of fifty thousand dollars ($50,000). Such tax levy shall be in addition to all other tax levies authorized or limited by law. Proceeds from such tax levy shall be deposited in the adult education fund of the community college which fund is hereby established. All moneys received by a community college for adult basic education shall be deposited in the adult education fund. The expenses of a community college attributable to adult basic education shall be paid from the adult education fund.
(b) No tax levy shall be made under authority of this section until a resolution authorizing such a levy is passed by the board of trustees and published once a week for three (3) consecutive weeks in a newspaper having general circulation in the community college district, and such resolution shall specify the millage rate of such tax levy and the period of time for which such tax levy shall be made under authority thereof. After the adoption of such resolution such levy may be made unless, within ninety (90) days following the last publication of the resolution, a petition in opposition to such levy, signed by not less than five percent (5%) of the qualified electors of such community college district, is filed with the county election officer of the county in which the main campus of the community college is located. In the event such a petition is filed, such levy shall not be made without the question of levying the same having been submitted to and been approved by a majority of the qualified electors of the district voting at an election which shall be called for that purpose or at the next general election.
History: L. 1974, ch. 311, § 8; L. 1974, ch. 312, § 2; L. 1978, ch. 283, § 1; L. 1979, ch. 223, § 2; L. 1980, ch. 207, § 45; July 1.
History: L. 1978, ch. 279, § 1; L. 1980, ch. 207, § 46; L. 1987, ch. 265, § 2; L. 1988, ch. 273, § 3; L. 1994, ch. 137, § 2; Repealed, L. 1996, ch. 152, § 10; July 1.
History: L. 1986, ch. 259, § 9; L. 1987, ch. 265, § 3; L. 1990, ch. 252, § 4; L. 1996, ch. 152, § 9; L. 1997, ch. 11, § 7; L. 1999, ch. 147, § 57; Expired, June 30, 2000.
(a) In each fiscal year, commencing with the 2012 fiscal year, each community college is eligible for a grant from the state general fund, in an amount to be determined by the state board, for non-tiered course credit hours, as defined in K.S.A. 71-1802, and amendments thereto, approved by the state board and delivered by the community college. The method of distribution of such funds shall be established by the state board after dialogue with the community college presidents.
(b) No amount of grant under this section shall be based upon any credit hour for which the community college is receiving or is eligible to receive postsecondary tiered technical education state aid in accordance with K.S.A. 71-1803, and amendments thereto. Only the credit hours of students who are residents of the state of Kansas enrolled in courses for postsecondary credit shall be considered for funding.
(c) For purposes of this section, residency for all community college students shall be determined in accordance with K.S.A. 71-406 and 71-407, and amendments thereto.
History: L. 1999, ch. 147, § 40; L. 2000, ch. 158, § 1; L. 2002, ch. 188, § 8; L. 2011, ch. 97, § 19; July 1.
History: L. 1999, ch. 147, § 41; Expired, June 30, 2001.
As used in this act:
(a) "Board of trustees" means the governing body of a community college.
(b) "Campus" means the location of all or part of the buildings and facilities of a community college.
(c) "Chief administrative officer" means the president or one so appointed by the board of trustees.
(d) "Community college" means a public community college established under the provisions of this act. The official name of a community college shall be "the ______ community college" and the blank shall be filled with the name of the city or county.
(e) "Community college district" means the taxing district of a community college.
(f) "State board" means the state board of regents.
(g) "Student tuition" means the charge made to and paid by students for the privilege of attending a community college and participating in the institutional program.
History: L. 1965, ch. 417, § 2; L. 1968, ch. 211, § 4; L. 1973, ch. 274, § 10; L. 1980, ch. 207, § 47; L. 1999, ch. 147, § 89; L. 2011, ch. 97, § 20; July 1.
This act shall be known and may be cited as the "community college act."
History: L. 1965, ch. 417, § 1; L. 1980, ch. 207, § 48; July 1.
(a) Community colleges are under the supervision of the state board of regents.
(b) The state board of regents shall identify and approve core indicators of quality performance for each of the community colleges separately, after considering core indicators recommended by the board of trustees of each respective community college, and shall establish and implement a data management system that includes a process and format for collecting, aggregating and reporting common and institution-specific information documenting effectiveness of the colleges in meeting the role and mission thereof.
History: L. 1968, ch. 269, § 23; L. 1980, ch. 207, § 49; L. 1999, ch. 147, § 51; L. 2001, ch. 94, § 1; July 1.
At any time, if the state board of regents finds that a community college previously approved or deemed approved has failed to comply with the provisions of this act or with any provision of a rule or regulation adopted pursuant to this act, or fails to meet the standards contained in this act, the state board of regents shall so advise the board of trustees. If after 12 calendar months after any such notification such board of trustees has failed to correct the deficiency noted, the state board of regents shall withdraw approval of the community college and it shall not be eligible for state aid during the continuance of any such period of withdrawal. Any action of the state board of regents in granting, denying or withdrawing approval of a community college shall be subject to review by the legislature.
History: L. 1965, ch. 417, § 12; L. 1980, ch. 207, § 50; L. 1999, ch. 147, § 90; L. 2011, ch. 97, § 21; July 1.
History: L. 1965, ch. 417, § 3; L. 1974, ch. 348, § 36; L. 1975, ch. 416, § 8; L. 1980, ch. 207, § 51; L. 1999, ch. 147, § 91; Repealed, L. 2000, ch. 86, § 9; April 20.
History: L. 1965, ch. 417, § 4; L. 1969, ch. 310, § 50; L. 1999, ch. 147, § 92; Repealed, L. 2000, ch. 86, § 9; April 20.
History: L. 1965, ch. 417, §§ 5, 6; L. 1968, ch. 211, §§ 5, 6; Repealed, L. 2000, ch. 86, § 9; April 20.
History: L. 1965, ch. 417, § 7; L. 1968, ch. 211, § 7; L. 1980, ch. 207, § 52; Repealed, L. 2000, ch. 86, § 9; April 20.
(a) Any one or more interested school districts may make a preparatory study of the need and feasibility of establishing a community college in its or their area. The state board may provide professional advice and technical assistance in the study. Such study shall include evidence and analysis of each of the following:
(1) The present concentration of population and population trends and projections within the area;
(2) total school enrollment in grades one (1) through twelve (12) and in grades nine (9) through twelve (12) in such area;
(3) the number of high-school graduates during the preceding ten-year period in such area, and a classification of them by their post high-school educational experience;
(4) types and capacities of educational facilities beyond the high-school level present in such area;
(5) educational services needed within such area;
(6) ability of such area to contribute to the financial support of a community college;
(7) such other data as the state board may by rule and regulation or otherwise require.
(b) The preparatory study shall include recommendations concerning the establishment of the community college and programs of instruction which would be most appropriate for such area at the time of establishment of the college. The preparatory study shall include recommendations for method of election and voting plan.
(c) After due consideration of the preparatory study, the boards of education of any one or more school districts in such area may file a petition in writing with the state board that the establishment of a community college be approved. Such petition shall be accompanied by a certified copy of the resolution of the petitioning board or boards authorizing the request; a copy of the preparatory study; a statement in such form and detail as the state board may require setting forth a plan of financing and the student potential for the proposed community college; and any other information which may assist in explaining or supporting the request.
History: L. 1965, ch. 417, § 8; L. 1968, ch. 211, § 8; L. 1980, ch. 207, § 53; July 1.
Every community college shall meet the following standards: (a) At least all of the territory of the petitioning district or districts or all of one county shall be included in the proposed community college district.
(b) Any contiguous compact territory in the area in which the petitioning districts are located may be included in the proposed community college district.
(c) The proposed community college district shall have taxable property valuation in an amount not less than twenty million dollars ($20,000,000). Any community college the campus of which is located in a county having a taxable property valuation of less than twenty million dollars ($20,000,000) and if the same contains the territory of an existing college shall only be required to include all of such county.
(d) The community college shall have a potential student attendance volume within commuting distance in the area of at least nine hundred (900) students enrolled in grades nine (9) to twelve (12) inclusive, in the opinion of school officials of the petitioning district or districts and in the opinion of the state board. The advisory council shall state its opinion of the student potential in the proposed district in making its recommendation to the state board.
(e) The overall intention of the legislature shall be controlling in the interpretation of the requirements for approval of the community colleges.
History: L. 1965, ch. 417, § 9; L. 1968, ch. 211, § 9; L. 1980, ch. 207, § 54; July 1.
(a) Upon receiving any petition under K.S.A. 71-1101, the same shall be submitted to the advisory council for its advice and recommendations, which together with the petition shall be presented to the state board, which, after considering the same, may approve the establishment of the community college as proposed in the request, subject to the approval thereof by electors of the proposed community college district. In no event shall the state board give approval unless it finds that the establishment and operation of the proposed community college is consistent with the state plan as then in force, or unless the state board finds that special circumstances warrant an exception from the state plan and details reasons therefor. Such finding and the reasons of the state board in support thereof shall constitute an amendment of the state plan.
(b) Unless the writing by which the state board communicates approval specifically states otherwise, such approval of the request shall be in the terms contained in such request. The state board may condition approval upon the modification of the plan for the proposed community college, or upon modification of the plan of financing.
(c) No community college shall be established pursuant to this or any other act, nor shall any community college be entitled to or receive state aid unless its establishment has been approved as provided by law.
(d) Upon approval by the state board of any community college petition for establishment, the state board shall order an election for approval thereof to be held in the territory comprising the proposed community college district and shall specify the time of such election. The expenses of such election shall be paid by the county or counties in which territory of the proposed community college is located proportionately to the amount of territory in such counties. Election laws applying to elections for approval of a special question shall apply insofar as the same may be made applicable. The question submitted shall be: "Shall the proposed _____ community college be approved?," and the blank shall be filled with the name of such proposed community college as approved by the state board.
History: L. 1965, ch. 417, § 10; L. 1967, ch. 407, § 17; L. 1968, ch. 211, § 10; L. 1980, ch. 207, § 55; July 1.
Whenever an election for approval of the establishment of a community college is held as provided in subsection (d) of K.S.A. 71-1103, and amendments thereto, the results of such election shall be certified to the state board by the election officer of each county in which there is located any part of the territory of the proposed community college. The state board shall tabulate and canvass the vote if more than one county is involved, and shall examine the vote if only one county is involved. After such examination or canvass the state board shall announce the result of the election and if it finds that a majority of those voting at the election voted in favor of the proposition to establish the community college, it shall so announce and issue an order establishing the same.
History: L. 1967, ch. 377, § 1; L. 1980, ch. 207, § 56; L. 1999, ch. 147, § 93; July 1.
The order of the state board establishing any community college shall contain the following:
(a) A description of the territory of the community college district.
(b) A statement of the legal name of the community college.
(c) The effective date of the establishment of the community college for the purpose of taxation.
(d) The date that courses may first be offered by the community college.
(e) The date of the first election of members of the board of trustees, and a date two weeks prior thereto upon which the primary election, if needed, shall be held.
(f) A designation of the voting plan and method of election which shall initially apply in such community college district, and the voting plan and method of election shall be selected from those specified in chapter 71 of Kansas Statutes Annotated. If a member district method is selected the boundary of each member district shall be set forth.
(g) A specification of the election officer or officers who shall be locally responsible for conduct of the first election of trustees, and if more than one election officer is involved, the order shall also provide for certification of the results in each county to the state board for canvass of the vote and announcement and certification of the final result thereof, both in the primary and general elections.
(h) The date and place of the first meeting of the board of trustees.
History: L. 1967, ch. 377, § 2; L. 1980, ch. 207, § 57; L. 1999, ch. 147, § 94; July 1.
The order establishing any new community college shall be certified to the election officer or officers of the county or counties in which any part of the territory of the community college is located, and to the board of education of any sponsoring school district, and a copy of such order shall be filed in the records of the state board.
History: L. 1967, ch. 377, § 3; L. 1980, ch. 207, § 58; L. 1999, ch. 147, § 95; July 1.
The provisions of chapter 71 of Kansas Statutes Annotated shall apply to all elections conducted under authority of this act.
History: L. 1967, ch. 377, § 4; L. 1980, ch. 207, § 59; July 1.
No community college shall be established after the effective date of this act until this section of this act is repealed.
History: L. 1968, ch. 211, § 3; L. 1980, ch. 207, § 60; July 1.
Territory may be added to any community college district which has been established under this act either by deemed approval or by election approval by one of the following methods:
(a) The board of education of any unified district a part of which is in the community college district or which touches and adjoins a community college district may petition the state board for attachment of the territory of such unified district to the community college district for community college purposes. Upon receiving any petition under this subsection, the same shall be submitted to the state board. After considering the petition, the state board may approve such attachment. The state board may seek the recommendation of the board of trustees of the community college involved as to such attachment. If such request is made and if such board of trustees recommends such attachment, the same may be approved by the state board. Upon granting any approval for attachment of territory the state board shall so inform the county election officers of counties in which the territory to be attached is located, and such county election officers shall conduct an election for approval for such attachment in the area petitioned for attachment. Such election shall be conducted in accordance with the procedure for approval for establishment of a community college as specified in this act. The question submitted shall be: "Shall the proposed attachment of territory to the ________ community college district be approved?", and the blank shall be filled with the name of the community college. The expenses of the election shall be paid by the community college. In the event that such attachment is so approved by such election the state board shall issue an order attaching the same to the community college district. The provisions of subsection (b) of K.S.A. 71-1102, and amendments thereto, shall also apply to this subsection.
(b) Any board of trustees may petition the state board for the attachment of any adjoining territory to the community college district. Such petition shall be processed as set forth in subsection (a). If the state board approves such petition, the state board shall notify the county election officers of counties in which the territory to be attached is located, and such county election officers shall conduct an election for approval of such attachment in the area petitioned for attachment. No attachment of territory shall be made under this subsection unless such attachment has been approved by a majority of those voting in the territory to be attached. Such election shall be conducted in accordance with the procedure for approval of the establishment of community colleges as specified in this act. The question submitted shall be: "Shall the proposed attachment of territory to the ________ community college district be approved?", and the blank shall be filled with the name of the community college. In the event that such attachment is so approved by such election the state board shall issue an order attaching the same to the community college district. The expenses of the election shall be paid by the community college.
(c) No territory shall be attached to any community college district within 120 days prior to the general election of members of the board of trustees.
(d) If the community college attaching territory under subsection (a) or (b) has member district method of election, no approval thereof shall be given by the state board and no proposition for approval thereof shall be submitted to any election until new proposed member districts for the community college territory as the same will exist after the addition of territory have been established by the state board.
History: L. 1965, ch. 417, § 11; L. 1969, ch. 310, § 51; L. 1980, ch. 207, § 61; L. 1999, ch. 147, § 96; L. 2011, ch. 97, § 22; July 1.
In accordance with the provisions of article 13 of chapter 71 of Kansas Statutes Annotated the boards of trustees of any two (2) or more community college districts are hereby authorized to enter into agreements to form one consolidated community college district.
History: L. 1968, ch. 77, § 1; L. 1980, ch. 207, § 62; July 1.
Any agreement entered into under authority of article 13 of chapter 71 of Kansas Statutes Annotated shall specify the following:
(a) The name of the community college district.
(b) The date of election for approval of consolidation.
(c) Composition of the board of trustees.
(d) The method of election and voting plan.
(e) A description of member districts, if needed.
(f) The membership of a temporary board of trustees to serve until a board of trustees is elected as provided in K.S.A. 71-1306, and amendments thereto.
History: L. 1968, ch. 77, § 2; L. 1980, ch. 207, § 63; L. 1990, ch. 252, § 15; May 17.
Agreements to consolidate under authority of article 13 of chapter 71 of Kansas Statutes Annotated shall provide that such agreement shall be of no force or effect unless first approved by the state board and is thereafter approved at a special election called for the purpose in the territory which will comprise the consolidated community college district.
History: L. 1968, ch. 77, § 3; L. 1980, ch. 207, § 64; July 1.
The territory of the consolidated community college district shall be all of the territory of the community college districts being consolidated. All of the electors residing in the community college districts being consolidated shall be entitled to vote at such election. The proposition submitted shall be stated on the ballot and in the notice of election in substantially the following words: "Shall ______ community college and ______ community college form a consolidated community college district?" and the blanks shall be filled with the names of each of the community colleges being consolidated. The question shall be followed by the words: "To vote in favor of the consolidation make a cross × mark in the square after the word 'yes'. To vote against the consolidation make a cross × mark in the square after the word 'no'." The proposition shall be deemed approved if a majority of those voting thereon in each community college district being consolidated shall vote "yes." The county election officer of the county of the community college having the greatest population shall conduct the election. Laws applicable to question submitted elections in community college districts shall be applicable in the conduct of the elections provided for under this section to the extent that the same are not in conflict herewith.
History: L. 1968, ch. 77, § 4; L. 1980, ch. 207, § 65; July 1.
Before any consolidated community college district is finally approved under article 13 of chapter 71 of Kansas Statutes Annotated the results of the election shall be certified by the responsible county election officer in accordance with the determination of the county board of canvassers of such county to the state board, and if such election was favorable to consolidation of the school districts, it shall issue an order establishing the new community college district. Such order shall describe the boundaries thereof.
History: L. 1968, ch. 77, § 5; L. 1980, ch. 207, § 66; July 1.
(a) If a proposition to consolidate is approved as provided in K.S.A. 71-1304, and amendments thereto, the election of trustees at the next following community college election shall be by the method of election and voting plan provided in the agreement for the consolidated community college district.
(b) Subject to the provisions of subsection (c), at an election next following the approval of a proposition to consolidate, six new trustees shall be elected. The three candidates receiving the highest number of votes at the general community college election shall serve as trustees for four-year terms commencing on the July 1 following such election and the three candidates receiving the next highest number of votes shall serve for two-year terms commencing on the July 1 following such election, except where a member-district method of election is in effect in which case persons elected to even-numbered trustee positions shall serve for two-year terms commencing on the July 1 following such election and persons elected to odd-numbered member positions shall serve for four-year terms commencing on the July 1 following such election. At community college elections in odd-numbered years thereafter, successor trustees shall be elected to serve for four-year terms.
(c) At an election next following the approval of a proposition to consolidate when a seven member board of trustees has been provided for in the agreement for the consolidated community college district, seven new trustees shall be elected. The four candidates receiving the highest number of votes at the general community college election shall serve as trustees for four-year terms commencing on the July 1 following such election and the three candidates receiving the next highest number of votes shall serve for two-year terms commencing on the July 1 following such election, except where a member-district method of election is in effect in which case persons elected to even-numbered trustee positions shall serve for two-year terms commencing on the July 1 following such election and persons elected to odd-numbered member positions and to the at-large position shall serve for four-year terms commencing on the July 1 following such election. At community college elections in odd-numbered years thereafter, successor trustees shall be elected to serve for four-year terms.
(d) Trustees shall hold office until a successor is elected or appointed and qualified.
History: L. 1968, ch. 77, § 6; L. 1980, ch. 207, § 67; L. 1990, ch. 252, § 14; May 17.
Upon the consolidation of community college districts the consolidated community college district shall assume and agree to pay all of the bonded indebtedness of the former community college districts of which it is comprised, unless the agreement to consolidate provides otherwise as hereinafter provided. Any consolidation agreement entered into under authority of article 13 of chapter 71 of Kansas Statutes Annotated may provide that in lieu of the consolidated community college district assuming the bonded indebtedness, such indebtedness shall remain a charge upon the territory of the community college districts being disorganized. If such agreement provides for bonded indebtedness to remain a charge upon the territory of the community college districts being disorganized, the provisions of K.S.A. 10-119 shall apply with the date of the disorganization of such community college districts being the date to be used in making such application.
History: L. 1968, ch. 77, § 7; L. 1980, ch. 207, § 68; July 1.
The assets of the community college districts being consolidated shall be transferred to the consolidated community college district on a day agreed upon in the consolidation agreement but not sooner than the first day of the first month after the election approving such consolidation. The property, records and all funds on hand and to be collected of each of the community college districts being consolidated shall be turned over and paid to the consolidated community college district and shall become the property thereof, and the consolidated community college district shall thereupon be entitled to possession thereof. The consolidated community college district shall thereupon become liable for and pay all lawful debts of the community college districts which were consolidated except as may be otherwise provided by the consolidation agreement for bonded indebtedness. It shall be the duty of all county officers and officers of the community college districts being consolidated to transfer the funds (including state financial aid funds and funds collected from federal aid, taxes, interests and penalties subsequent to such consolidation), records and property of the community college districts being consolidated in accordance with the provisions of this section and the consolidation agreement. Any county treasurer or community college district officer or former officer having in his possession any property, records or funds of any of the community college districts being consolidated who shall fail or refuse to turn over such property, records or funds to the consolidated community college district shall be ordered to do so by the state board. Upon the request of the state board the attorney general is authorized to file a mandamus, quo warranto or other appropriate action to accomplish the proper transfer of such property, records and funds.
History: L. 1968, ch. 77, § 8; L. 1980, ch. 207, § 69; July 1.
As used in article 13 of chapter 71 of Kansas Statutes Annotated: (a) "State board" means the state board of regents.
(b) "County election officer" means the election commissioner in counties which have an election commissioner, and the county clerk in counties which do not have an election commissioner.
History: L. 1968, ch. 77, § 9; L. 1980, ch. 207, § 70; L. 1999, ch. 147, § 97; July 1.
This act shall be known and may be cited as the "community college election act."
History: L. 1967, ch. 407, § 1; L. 1980, ch. 207, § 71; July 1.
As used in this act: (a) "Community college" means a community college established under the community college act.
(b) "Community college district" or "college district" means the taxing district and territory of a community college.
(c) "Trustee" or "member" means a member of the board of trustees of a community college.
(d) "Board" or "board of trustees" means the governing body of a community college.
(e) "Campus" means all or part of the buildings and facilities of a community college.
(f) "Member district" means one of the subdistricts into which a community college district is or may be divided for the purpose of a district method of election of trustees.
(g) "Member position" means one of the positions of members of a board of trustees when a district method of election is used.
(h) "Method" or "method of election" means one of the methods of election provided for in this act.
(i) "District method" means a six-district method, a three-district method, or a two-district method.
(j) "Election-at-large method" means an election at large of trustees of a community college without a division of the college district into member districts.
(k) "Election officer" or "county election officer" means the election commissioner of the county in which the community college is located, or the county clerk in counties not having an election commissioner.
(l) "Election at large" means an election of trustees at which all electors of a community college district vote on all candidates.
History: L. 1967, ch. 407, § 2; L. 1980, ch. 207, § 72; L. 1990, ch. 252, § 5; May 17.
(a) The governing body of a community college is and shall be a board of trustees.
(b) (1) Subject to paragraphs (2) and (3), the board of trustees of a community college shall be composed of six members.
(2) If a community college adopts and implements a seven member board of trustees plan, the board of trustees of the community college shall be composed of seven members.
(3) If a community college adopts and implements an additional member board of trustees plan pursuant to K.S.A. 71-1422, and amendments thereto, the board of trustees of the community college may be composed of seven or eight members.
(c) The members of a board of trustees may be elected:
(1) By any one of the four methods provided for in this act which are: (A) Election-at-large method; (B) six-district method; (C) three-district method; or (D) two-district method; or
(2) in accordance with paragraph (1) and the provisions of K.S.A. 71-1422, and amendments thereto.
(d) No member of the board of trustees of a community college shall be an employee of the community college.
History: L. 1967, ch. 407, § 3; L. 1980, ch. 207, § 73; L. 1990, ch. 252, § 6; L. 2017, ch. 13, § 2; April 13
(a) Any board of trustees may adopt and implement, in the manner provided in this section, a seven member board of trustees plan. The board of trustees may resolve upon its own motion its intention to adopt a seven member board of trustees plan. The resolution shall be published once each week for three consecutive weeks in a newspaper having general circulation in the community college district. The board of trustees may adopt the plan and provide for implementation thereof at the next community college elections unless, within 30 days after the last publication of the resolution, a petition in opposition to the plan, signed by not less than 5% of the qualified electors of the college district, is filed with the board of trustees. If such a petition is filed, the board of trustees shall request the county election officer to submit the question of whether a seven member board of trustees plan should be adopted to the qualified electors of the college district at an election which shall be called for such purpose. All qualified electors of the college district may vote at the election. If a majority of those voting at the election are in favor of adopting the plan, the board of trustees shall adopt and implement the same at the next community college elections. If a majority of those voting at the election are not in favor of adopting the plan, the same shall not be adopted and no like plan shall be proposed by the board of trustees within a period of two years from the date of the election.
(b) In college districts where a district method of election is in effect, a seven member board of trustees plan shall provide for the seventh member to be an at-large member.
History: L. 1990, ch. 252, § 16; May 17.
Any community college may change its method of election from any one of the methods which it now or hereafter has to any one of the other methods authorized by this act.
History: L. 1967, ch. 407, § 4; L. 1980, ch. 207, § 74; July 1.
Any board desiring to change an at-large method of election to a district method of election or from one district method of election to another shall first prepare a plan of change showing the proposed member districts into which the college district will be divided. Each member district shall be comprised of one contiguous compact area. The member districts shall have equal population as nearly as practicable. All of the territory in the college district shall be assigned to and made a part of one of the member districts, and no territory shall be included in more than one member district. The proposed member districts shall be so planned that no member of the board of trustees holding office at the time the change is made will be displaced by establishment or rearrangement of the member districts or by inclusion of more members in a single proposed member district than is authorized by law.
History: L. 1967, ch. 407, § 5; L. 1990, ch. 252, § 7; May 17.
(a) Determination of any community college to change from one method of election to another method of election shall be by either one of the following:
(1) The board, by a majority vote of the members-elect thereof, may adopt a resolution to change the method of election. Such resolution shall specify the existing method of election, and the proposed method of election, together with a statement that the change will be made only after the proposed change and plan for change are first approved by the state board.
(2) The board, by a majority vote of the members-elect thereof, may adopt a resolution to change the method of election. Such resolution shall specify the existing method of election and the proposed method of election, together with a statement that the change will not be made unless approved by a majority of the electors of the community college district voting at an election at which the question is submitted. Such resolution shall state that the plan of change is filed in the office of the clerk of the board.
(b) Every plan of change shall also state the existing and proposed voting plan of the community college district, and such voting plan shall be one of the three voting plans specified in K.S.A. 71-1420, and amendments thereto.
History: L. 1967, ch. 407, § 6; L. 1980, ch. 207, § 75; L. 1999, ch. 147, § 98; July 1.
(a) When a community college has a member district method of election, the college district shall be divided into two member districts for the two-district method, into three member districts for the three-district method, and into six member districts for the six-district method. Each member district shall be represented on the board by one or more persons residing in the member district. In the six-district method, one member shall reside in each member district. In the three-district method two members shall reside in each member district. In the two-district method three members shall reside in each member district. In the two-district method the member district numbers assigned shall be "one" and "two." In the three-district method the member district numbers assigned shall be "one," "two," and "three." In the six-district method the member district numbers assigned shall be "one," "two," "three," "four," "five" and "six."
In the six-district method the member position numbers shall correspond to the member district numbers. In the two-district method the member position numbers shall be "one," "two" and "three" for member district one, and "four," "five" and "six" for member district two. In the three-district method member position numbers shall be "one" and "four" for member district one, and "two" and "five" for member district two, and "three" and "six" for member district three.
(b) If a community college adopts and implements a seven member board of trustees plan, the at-large member may be a resident of any member district. The at-large member position shall not be numbered.
History: L. 1967, ch. 407, § 7; L. 1990, ch. 252, § 8; May 17.
Change of method of election in any community college district may be made in the manner provided in this act at any time during the period beginning on the first Wednesday in November of each odd-numbered year and ending on the first Tuesday in June of each even-numbered year, if such change is also approved in a manner authorized in this act before the end of such period. The new method of election in such district shall be followed in the election of trustees next following such change and shall continue in force until again changed in the manner provided in this act. Change of method of election shall not shorten the term of any trustee serving on the board at the time the change is made.
History: L. 1967, ch. 407, § 8; L. 1969, ch. 341, § 1; L. 1980, ch. 207, § 76; L. 2015, ch. 88, § 64; July 1.
Upon the determination of the county election officer that a valid petition has been filed as provided herein, an election shall be called and held upon the proposition as provided herein and if the proposition is approved the method of election or voting plan or both shall be changed as provided in the plan of change voted upon at such election.
History: L. 1969, ch. 341, § 2; July 1.
(a) Ten or more electors of any community college district may prepare a plan of change and submit the same to the state board. If any such plan of change is so filed, the state board may consider the same, and if it finds such plan of change is complete, lawful and timely, it may promptly so certify to the county election officer of the college district.
(b) Upon receipt of a plan of change with the certified approval of the state board, the county election officer shall notify the first person listed as having submitted such plan of change of such approval. Upon receiving such notice, the person so notified may cause petitions to be prepared which set out in full the plan of change approved, and if such petitions are then approved as to form by the county election officer, such petitions may be distributed among interested electors of the community college district in as many copies as seem suitable to the person preparing the same as provided in this section. Any elector residing in the community college district may sign any such petition, and one elector signing each petition shall subscribe a certificate thereto that such elector personally observed each signer place such signer's signature thereon, and that such petition is valid as such subscribing elector verily believes. Only electors who are duly registered to vote may sign such a petition.
(c) If such petitions are filed with the county election officer and the county election officer determines that such petitions are validly signed by the number of electors provided in subsection (d) of this section, the county election officer shall upon making such determination call an election for approval of the plan of change in the manner provided in K.S.A. 71-1411, and amendments thereto.
(d) The number of valid signatures on petitions filed as provided in subsection (c) of this section shall be determined as follows:
(1) In any college district which had the election-at-large method in effect at the last preceding general election of members, a number equal to 10% of the total number of ballots cast and counted at such preceding election shall be the number of signatures required for a valid petition.
(2) In any college district which had a member district method in effect at the last preceding general election of members, the number of signatures required for a valid petition shall be computed as provided in subpart (1) of this subsection if one or more members were elected in each of the member districts of the college district or if voting plan-A or voting plan-B was in effect. In any college district which had a member district method in effect at the last preceding general election of members, if members were not elected in all the member districts of the college district and if voting plan-C was in effect at such preceding general election, the number of valid signatures required shall be computed as follows: Divide the total number of ballots cast and counted in the general election by the number of member districts in which members were elected and multiply the result by the number of member districts in the college district; then, multiply the amount so determined by .10.
(e) Within 10 days after the filing of petitions as provided in this section, the county election officer shall determine the validity thereof.
History: L. 1969, ch. 341, § 3; L. 1980, ch. 207, § 77; L. 1990, ch. 252, § 9; May 17.
In the event that an election is to be called as determined in K.S.A. 71-1410, in not less than forty-five (45) days and not more than sixty (60) days the county election officer shall make one publication notice calling such election, and stating the ballot title and proposition to be voted upon. Each ballot used in such election shall contain a ballot title giving a brief and clear description of the proposed change, specifying the existing and proposed method of election and voting plan. The ballot title shall be followed by the proposition which shall be stated as follows: "Shall a change in the method of election, as described in the ballot title above, be approved?" When the results of any such election are determined by the county board of canvassers as provided by law, the county election officer shall promptly notify the state board thereof.
History: L. 1969, ch. 341, § 4; July 1.
Each member of the board of trustees of a community college shall be elected for a four-year term commencing on the second Monday in January following election. Members shall serve until their successors are elected or appointed and qualified.
History: L. 1967, ch. 407, § 9; L. 1990, ch. 252, § 10; L. 2015, ch. 88, § 65; July 1.
(a) Elections of trustees of community colleges shall be conducted by the county election officer of the county in which the main campus of the college is located. In any college district having territory in more than one county, the county election officers of all such counties shall cooperate with the county election officer of the county in which the main campus is located, and upon establishing any new community college or adding territory to any of the community college districts, the state board, in accordance with this section, shall specify the county in which the main campus shall be located for the purpose of this section. General community college elections shall be held on the Tuesday following the first Monday in November of each odd-numbered year.
(b) Any primary community college election shall be held on the first Tuesday of August of each odd-numbered year in accordance with K.S.A. 25-205, and amendments thereto.
(c) Notice of the time and place of holding each primary and general election shall be published by the county election officer in a newspaper published in the county in accordance with K.S.A. 25-105 and 25-209, and amendments thereto.
History: L. 1967, ch. 407, § 10; L. 1968, ch. 59, § 43; L. 1980, ch. 207, § 78; L. 1983, ch. 123, § 6; L. 2015, ch. 88, § 66; July 1.
(a) (1) In college districts where a district method of election is in effect, a person may become a candidate for election to trustee of a community college by any one of the following methods:
(A) Any person who is an elector of any member district may petition to be a candidate for member from the member district in which such person resides. Any such person shall file with the election officer a petition for such person's candidacy signed by not less than 50 electors residing in such person's member district.
(B) Any person who is an elector of any member district may become a candidate for member from the member district in which such person resides by filing with the election officer a declaration of intent to be such a candidate, and payment therewith of a filing fee in the amount of $20.
(C) If a community college adopts and implements a seven member board of trustees plan, any person who is an elector of the college district may petition to be a candidate for the at-large member position. Any such person shall file with the county election officer a petition for such candidacy signed by not less than 50 electors residing in such college district.
(D) If a community college adopts and implements a seven member board of trustees plan, any person who is an elector of the college district may become a candidate for the at-large member position by filing with the county election officer a declaration of intent to be such a candidate, and payment therewith of a filing fee in the amount of $20.
(2) Every petition or declaration of intent filed under this subsection must specify the member position for which the person is a candidate.
(b) In college districts where the election-at-large method of election is in effect, a person may become a candidate for election to trustee of a community college by either one of the following methods:
(1) Any person who is an elector of the college district may petition to be a candidate for trustee. Any such person shall file with the election officer a petition for such person's candidacy signed by not less than 50 electors residing in the college district.
(2) Any person who is an elector of the college district may become a candidate for trustee by filing with the election officer a declaration of intent to be such a candidate, and payment therewith of a filing fee in the amount of $20.
(c) Every petition or declaration of intent filed under this section must be filed on or before 12 noon on June 1 of each odd-numbered year as provided in K.S.A. 25-21a03, and amendments thereto, and K.S.A. 25-205, and amendments thereto.
History: L. 1967, ch. 407, § 11; L. 1969, ch. 342, § 1; L. 1975, ch. 363, § 1; L. 1980, ch. 207, § 79; L. 1983, ch. 123, § 7; L. 1990, ch. 252, § 11; L. 2015, ch. 88, § 67; July 1.
(a) In college districts in which a district method of election is in effect, if there are more than three qualified candidates for any member position, the county election officer shall call, and there shall be held, a primary election in each such member district. The names of the two candidates receiving the greatest number of votes for any member position at the primary election shall appear on the ballots in the general election. If there are three or fewer qualified candidates for any member position, there shall not be a primary election and the names of the candidates shall be placed on the ballots in the general election.
(b) In college districts in which the election at large method of election is in effect, if there are more than three times the number of candidates as there are trustees to be elected, the county election officer shall call, and there shall be held, a primary election. The names of twice the number of candidates as there are trustees to be elected who receive the greatest number of votes at the primary election shall appear on the ballots in the general election. If there are not more than three times the number of candidates as there are trustees to be elected, there shall not be a primary election and the names of the candidates shall be placed on the ballots in the general election.
(c) If a member is to be elected to fill an unexpired term, the office shall be listed separately on the ballots. If there are more than three candidates for such unexpired term, the county election officer shall call, and there shall be held, a primary election. The names of the two candidates for such unexpired term receiving the greatest number of votes shall appear on the ballots in the general election. If there are three or fewer qualified candidates for the unexpired term of any member position, there shall not be a primary election and the names of the candidates shall be placed on the ballots in the general election.
(d) On the ballots in general college district elections, blank lines for the names of write-in candidates shall be printed at the end of the list of candidates for each different office. The number of blank lines for each elected office shall be equal to the number of candidates to be elected thereto. The purpose of such blank lines shall be to permit the voter to insert the name of any person who is a qualified elector residing in the district and whose name is not printed on the ballot but for whom such voter desires to vote for such office. No lines for write-in candidates shall appear on primary college district election ballots.
History: L. 1967, ch. 407, § 12; L. 1990, ch. 252, § 12; L. 2008, ch. 165, § 4; L. 2011, ch. 112, § 13; L. 2023, ch. 79, § 64; July 1.
Primary and general elections of members shall be conducted jointly with other local elections insofar as is practicable. Any officer or board having responsibility for any other local election held on the date of a primary or general election of members shall cooperate with the election officer, and if a difference arises which cannot be agreed upon, determination of the difference shall be made by the election officer, unless such difference involves a question the determination of which is provided by law to be made by the secretary of state, in which case the determination shall be made by the secretary of state. Any determination of a difference made by the officer responsible under this section shall be conclusive.
History: L. 1967, ch. 407, § 13; February 17.
History: L. 1967, ch. 407, § 14; Repealed, L. 2015, ch. 88, § 74; July 1.
The election officer shall prescribe the form and time of every publication notice applicable to any primary or general member election. One publication notice shall be made before the primary election, if any, and one publication notice shall be made before the general election.
History: L. 1967, ch. 407, § 15; February 17.
The election of trustees of community colleges shall be nonpartisan and laws applicable only to partisan elections shall not apply in such elections. All laws applicable to elections, the violation of which is a crime, shall be applicable to election of trustees of community colleges.
History: L. 1967, ch. 407, § 16; L. 1968, ch. 59, § 44; L. 1980, ch. 207, § 80; L. 2015, ch. 88, § 68; July 1.
Any of the three voting plans described in this section may be used in the election of trustees. The three voting plans are:
(a) Voting plan-A: All qualified electors who reside in the college district may vote in both the primary and general elections of trustees.
(b) Voting plan-B: All qualified electors who reside in a member district may vote in the primary election of trustees for the member position or positions of such member district and, if the community college adopts and implements a seven member board of trustees plan, for the at-large member position. All qualified electors who reside in the college district may vote in the general election of trustees.
(c) Voting plan-C: All qualified electors who reside in a member district may vote in both the primary and general elections of trustees for the member position or positions of such member district and, if the community college adopts and implements a seven member board of trustees plan, for the at-large member position.
History: L. 1967, ch. 407, § 18; L. 1990, ch. 252, § 13; May 17.
History: L. 1967, ch. 378, § 1; Repealed, L. 1980, ch. 207, § 84; July 1.
(a) As used in this section:
(1) "Cowley county community college district" means the taxing district of Cowley county community college.
(2) "Sumner county election officer" means the county clerk of Sumner county.
(3) "Additional member" means the additional trustee position on the board of trustees of Cowley county community college elected by the qualified electors residing in Sumner county.
(b) Subject to the provisions of subsection (e):
(1) The board of trustees of Cowley county community college shall be composed of board members from Cowley county community college elected pursuant to K.S.A. 71-1401 et seq., and amendments thereto, and an additional member elected by the qualified electors of Sumner county. The board of trustees of Cowley county community college shall adopt and implement an additional member plan as provided in this section. The board's additional member plan shall include a determination as to whether the board has adopted a six or seven member plan for member elections in the Cowley county community college district. The provisions of K.S.A. 71-1401 et seq., and amendments thereto, shall apply to the member elections in the Cowley county community college district.
(2) The general election for the additional member shall be conducted as an at large election in Sumner county and held on the Tuesday following the first Monday in November of each odd-numbered year.
(3) Any primary election for the additional member shall be conducted as an at large election in Sumner county and held on the first Tuesday of August of each odd-numbered year in accordance with K.S.A. 25-205, and amendments thereto.
(4) Notice of the time and place of holding each primary and general election shall be published by the Sumner county election officer in accordance with K.S.A. 25-105 and 25-209, and amendments thereto.
(5) If there are more than three candidates for the additional member, the Sumner county election officer shall call and hold a primary election. The names of the two candidates who receive the greatest number of votes at the primary election shall appear on the ballots in the general election. If there are three or fewer candidates, there shall not be a primary election and the names of the candidates shall be placed on the ballots in the general election.
(6) If an additional member is to be elected to fill an unexpired term, the Sumner county election officer shall call and hold a primary election if there are more than three candidates for such unexpired term. The names of two candidates for such unexpired term receiving the greatest number of votes shall appear on the ballots in the general election. If there are three or fewer candidates for the unexpired term of the additional member, there shall not be a primary election and the names of the candidates shall be placed on the ballots in the general election.
(7) In general elections for the additional member, one blank line for the names of write-in candidates shall be printed on the ballots at the end of the list of candidates. The purpose of such blank line shall be to permit the voter to insert the name of any person not printed on the ballot for whom such voter desires to vote for such position. No lines for write-in candidates shall appear on primary election ballots for the additional member.
(8) All qualified electors who reside in Sumner county may vote in both the primary and general elections for the additional member.
(9) The provisions of K.S.A. 71-1419, and amendments thereto, shall apply to elections for the additional member.
(c) (1) A person may become a candidate for election to the additional member trustee of the Cowley county community college board of trustees by either one of the following methods:
(A) Any person who is an elector of Sumner county may petition to be a candidate for the additional member trustee by filing with the Sumner county election officer a petition for such person's candidacy signed by not less than 50 electors residing in Sumner county; or
(B) any person who is an elector of Sumner county may become a candidate for the additional member trustee by filing with the Sumner county election officer a declaration of intent to be such a candidate and payment of a filing fee in the amount of $20.
(2) Every petition or declaration of intent filed under this subsection shall be filed on or before 12 p.m. on June 1 of each odd-numbered year as provided in K.S.A. 25-21a03, and amendments thereto, and K.S.A. 25-205, and amendments thereto.
(d) The first additional member shall be elected for a two-year term commencing on the second Monday in January, 2018, following the election. All subsequent additional members shall be elected for a four-year term commencing on the second Monday in January following the election.
(e) The Cowley county community college board of trustees shall be composed of those members elected pursuant to K.S.A. 71-1401 et seq., and amendments thereto, and the additional member, for so long as Sumner county provides financial support for the benefit of Cowley county community college in the form of a countywide retailers' sales tax or an ad valorem property tax levied on all taxable tangible property located in Sumner county. If Sumner county terminates such financial support or if the financial support lapses:
(1) The Cowley county community college board of trustees shall discontinue implementation of the additional member plan at the expiration of the additional member's term or upon the vacancy of the additional member position;
(2) the Cowley county community college board of trustees shall send notice of discontinued financial support to the Sumner county election officer;
(3) upon receipt of such notice, the Sumner county election officer shall not conduct or authorize any general or primary election to fill the expiring term of the additional member or to fill any vacancy of the additional member position; and
(4) the additional member may continue to serve as the additional member on the Cowley county board of trustees until the expiration of such member's term of office or until a vacancy occurs in the additional member position.
(f) Elections for the board of trustee members from the Cowley county community college district shall continue to be conducted pursuant to K.S.A. 71-1401 et seq., and amendments thereto.
History: L. 2017, ch. 13, § 1; April 13.
History: L. 1965, ch. 417, § 30; Repealed, L. 1980, ch. 207, § 84; July 1.
All employees of the community college who may have been employed by a board of education and who were included in a retirement system of such board shall retain all rights, privileges and obligations of such membership so long as they continue as employees of the community college. All provisions of law governing such retirement system, including contributions and benefits, shall continue to apply except that the community college shall annually pay to the retirement system an amount equal to that which would have been paid on behalf of said employees had they remained in the employ of such board of education. Personnel employed by the board of trustees of a community college shall come under the provisions of the Kansas school retirement law as set forth in article 55 of chapter 72 of Kansas Statutes Annotated.
History: L. 1965, ch. 417, § 31; L. 1980, ch. 207, § 81; July 1.
If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional clause, paragraph, subsection or section.
History: L. 1965, ch. 417, § 34; April 30.
If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional clause, paragraph, subsection or section.
History: L. 1968, ch. 211, § 21; March 26.
History: L. 1968, ch. 31, § 1; Repealed, L. 1980, ch. 207, § 84; July 1.
History: L. 1968, ch. 32, § 1; Repealed, L. 1973, ch. 277, § 1; July 1.
(a) The board of trustees of any community college and the board of any technical college or the institute of technology at Washburn university, may make and enter into agreements providing for the transfer from the technical college or the institute of technology to the community college of any approved career technical education program being offered and taught at the postsecondary level in the technical college or the institute of technology.
(b) In the event the board of trustees of a community college and the board of any technical college or the institute of technology at Washburn university enter into an agreement authorized under subsection (a), the following conditions shall apply:
(1) The state board of regents shall be notified of the agreement at the time the agreement is executed.
(2) The agreement shall be effective only after approval by the state board of regents.
(3) Any career technical education program transferred in accordance with the agreement shall be offered and taught in the community college only after approval of the program by the state board of regents.
(4) The agreement shall be subject to change or termination by the legislature.
(5) (A) The duration of the agreement shall be perpetual unless terminated in accordance with provision (B).
(B) Termination of the agreement may be accomplished only upon approval by the state board of regents of a joint petition to it for termination by the contracting boards after adoption of a resolution to that effect by each such board. The state board of regents shall consider the petition and approve or disapprove termination of the agreement. Upon termination of the agreement, any program transferred thereunder shall be discontinued.
History: L. 1988, ch. 274, § 9; L. 1999, ch. 147, § 99; L. 2009, ch. 24, § 1; L. 2011, ch. 97, § 23; July 1.
(a) There is hereby established in every community college conducting a motorcycle driver safety course a fund which shall be called the motorcycle driver safety fund. The motorcycle driver safety fund shall consist of all moneys deposited therein or transferred thereto according to law. All moneys received by community colleges from distributions made from the motorcycle safety fund and from tuition, fees or charges for motorcycle driver safety courses shall be credited to the motorcycle driver safety fund. The expenses of community colleges directly attributable to motorcycle driver safety courses shall be paid from the motorcycle driver safety fund.
(b) No amount of the state entitlement of a community college shall be based upon a motorcycle driver safety course conducted by the community college.
History: L. 1989, ch. 39, § 1; L. 1999, ch. 147, § 52; July 1.
(a) There is hereby established in every community college conducting a truck driver training course a fund which shall be called the "truck driver training course fund." The truck driver training course fund shall consist of all moneys deposited therein or transferred thereto according to law. All moneys received by community colleges from distributions made from the truck driver training course fund and from tuition, fees or charges for truck driver training courses shall be credited to the truck driver training course fund. The expenses of community colleges directly attributable to truck driver training courses shall be paid from the truck driver training course fund.
History: L. 1990, ch. 41, § 5; January 1, 1991.
Notwithstanding any provision of law to the contrary, the board of trustees of Hutchinson community college is authorized to acquire land which is located in Barton county, Kansas, to construct a public radio repeater station on such land, and to do all things necessary in order to provide for interconnection between public radio station KHCC and such repeater station.
History: L. 1991, ch. 211, § 1; April 25.
History: L. 1993, ch. 265, §§ 1, 2; Expired, January 15, 1994.
The board of trustees of any community college may purchase insurance contracts for the benefit of students, to insure against loss resulting from loss, theft of, or damage to, the personal property of students while on college premises, or during college sponsored activities.
History: L. 1973, ch. 303, § 3; L. 1980, ch. 207, § 82; July 1.
The board of trustees of any community college may purchase insurance contracts to insure against loss resulting from sickness or bodily injury or death by accident, on the part of students who are injured on college premises, or during college sponsored activities.
History: L. 1973, ch. 303, § 4; L. 1980, ch. 207, § 83; July 1.
(a) Any area vocational school or area vocational-technical school may consolidate with and be made a part of any community college under the provisions of this act. No merger involving an area vocational school or area vocational-technical school located in any county in which there is also located the campus of a state educational institution shall occur unless the merger is specifically approved by the state board of regents.
(b) Except as otherwise specifically provided in this act, nothing in this act shall be applied or construed in any manner so as to change or affect the operation, 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. The provisions of all statutes of general application to community colleges shall apply to every community college affected by this act to the extent that such statutory provisions are not in conflict with the provisions of this act.
History: L. 1992, ch. 248, § 1; July 1.
(a) The governing body of an area vocational school or area vocational-technical school which is consolidated with and made a part of a community college in accordance with the provisions of this act shall enter into a consolidation agreement with the board of trustees of the community college with which such area vocational school or area vocational-technical school is consolidated.
(b) Every consolidation agreement entered into under this section shall provide for:
(1) The disposition of all real property of the affected area vocational school or area vocational-technical school, which disposition shall not be in contravention of the provisions of subsection (d) of K.S.A. 71-201, and amendments thereto;
(2) the disposition of all personal property, records and moneys, including state and federal financial aid, of the affected area vocational school or area vocational-technical school;
(3) the payment of all lawful debts of the affected area vocational school or area vocational-technical school, including any outstanding bonded indebtedness attributable to the operation thereof;
(4) the payment of all accrued compensation or salaries of all personnel of the affected area vocational school or area vocational-technical school;
(5) the transfer of personnel, if such personnel are deemed necessary, in the employment of the affected area vocational school or area vocational-technical school to the employment of the community college; and
(6) such other matters as may need to be addressed as the result of such consolidation by the affected area vocational school or area vocational-technical school and the community college.
(c) Immediately upon execution of each consolidation agreement entered into under this section, the state board of regents shall be notified thereof by the board of trustees of the affected community college. The state board shall review and approve such consolidation agreement.
(d) When any conflict arises as to the proper disposition of property, records or funds or as to the assumption and payment of any debts as a result of any consolidation effected under this act, such conflict shall be determined and resolved by the state board of regents and such determination and resolution shall be final.
History: L. 1992, ch. 248, § 2; L. 1999, ch. 147, § 53; July 1.
Upon execution of each consolidation agreement entered into under this act:
(a) The governing body of the affected area vocational school or area vocational-technical school shall become and hereby is established as an advisory board to the board of trustees of the community college with which such area vocational school or area vocational-technical school is consolidated. Each such advisory board shall be responsible for making recommendations to the board of trustees to which it is advisory on all matters relating to vocational education including, but not by way of limitation, matters relating to personnel, programs, budget and budget allocations. Each advisory board shall meet at least monthly at a time and place determined by it.
(b) Every community college consolidated with an area vocational school or area vocational-technical school under the provisions of this act may have program area advisory councils comprised primarily of persons in industry appointed by the board of trustees of the community college and having the qualifications and terms approved by the state board.
History: L. 1992, ch. 248, § 3; July 1.
(a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any area vocational school or area vocational-technical school consolidated with a community college in accordance with the provisions of this act, or by or against any personnel of any such area vocational school or area vocational-technical school, shall abate by reason of such consolidation. The court may allow any such suit, action or other proceeding to be maintained by or against the community college with which such area vocational school or area vocational-technical school is consolidated.
(b) No criminal action commenced or which could have been commenced by any area vocational school or area vocational-technical school consolidated with a community college in accordance with the provisions of this act shall abate by the taking effect of this act.
History: L. 1992, ch. 248, § 4; July 1.
History: L. 1992, ch. 248, § 5; L. 1999, ch. 147, § 54; L. 2002, ch. 108, § 19; L. 2003, ch. 35, § 19; Revived and amended, L. 2004, ch. 185, § 46; Expired, June 30, 2006.
History: L. 1992, ch. 248, § 6; Repealed, L. 2011, ch. 97, § 50; July 1.
K.S.A. 71-1801 through 71-1810, and amendments thereto, shall be known and may be cited as the postsecondary tiered technical education state aid act.
History: L. 2011, ch. 97, § 1; July 1.
As used in K.S.A. 71-1801 through 71-1810, and amendments thereto:
(a) "Community college" means any community college established in accordance with chapter 71 of the Kansas Statutes Annotated.
(b) "Community college operating grant" means the operating grant provided for under subsection (a) of K.S.A. 71-620, and amendments thereto, prior to fiscal year 2012.
(c) (1) "Credit hour" means the basic unit of collegiate level instruction, as determined by the state board, in a subject or course offered by an eligible institution at a postsecondary level not higher than those programs or courses normally offered to freshmen and sophomores in four-year public institutions of postsecondary education, in a program that has been approved by the state board.
(2) The term "credit hour" does not include instruction in a program or course taken by a student enrolled for audit or not for postsecondary credit, or in any program or course not approved by the state board.
(3) The state board shall determine whether the programs and courses offered are at the level of freshmen and sophomore programs and courses offered in the state educational institutions and shall not approve for funding any program or course offered at a higher level.
(d) "Eligible institution" or "institution" means any community college, technical college or the institute of technology.
(e) "Institute of technology," "institute" or "Washburn institute of technology" means the institute of technology at Washburn university.
(f) "Non-tiered course" means any postsecondary credit-bearing course offered by an eligible institution and identified by the state board as not meeting the definition of a tiered technical course. Non-tiered courses include courses that are generally designed to: (1) Contribute to academic knowledge or skills across multiple disciplines and occupations, such as communication, writing, mathematics, humanities, social or behavioral science and natural or physical science courses, some of which may be considered for transfer as general education credit toward a baccalaureate degree; (2) contribute to general knowledge or skills in areas such as critical thinking and reasoning, problem solving, use of technology and teamwork skills; (3) provide instruction in basic or foundational skills necessary for individuals to effectively participate in technical programs; (4) prepare individuals for certification or licensure exams or re-certifications and skill updates; or (5) allow individuals to explore various career opportunities. Seminars, workshops or other courses that are supplemental to the primary instruction required for the occupationally specific technical program shall be considered non-tiered courses, unless otherwise specified by the state board.
(g) "State board of regents" or "state board" means the state board of regents provided for in the constitution of this state and established by K.S.A. 74-3202a, and amendments thereto.
(h) "Technical college" means a technical college designated pursuant to K.S.A. 74-32,458, 74-32,460, 74-32,461, 74-32,462, 74-32,464 or 74-32,465, and amendments thereto.
(i) "Technical program" means any program of study comprised of a sequence of tiered technical courses and non-tiered courses, which program is identified by the state board as a technical program for funding purposes. Technical programs must: (1) Be designed to prepare individuals for gainful employment in current or emerging technical occupations requiring other than a baccalaureate or advanced degree; (2) lead to technical skill proficiency, an industry-recognized credential, a certificate or an associate degree; and (3) be delivered by an eligible institution.
(j) "Tiered technical course" means a postsecondary credit-bearing course included in the sequence of courses comprising a technical program, which course is itself designed to provide competency-based applied instruction to prepare individuals with occupationally specific knowledge and skills necessary for employment, and which the state board has identified as a tiered technical course.
(k) "Tiered technical course credit hour" means a credit hour in a tiered technical course.
(l) "Washburn institute of technology operating grant" means any legislative appropriation designated for non-tiered courses delivered by the Washburn institute of technology.
History: L. 2011, ch. 97, § 2; July 1.
(a) In each fiscal year, commencing with the 2012 fiscal year, each community college, technical college and the Washburn institute of technology is eligible for postsecondary tiered technical education state aid from the state general fund for postsecondary tiered technical course credit hours approved by the state board and delivered by the institution to students who are residents of the state of Kansas, in an amount to be determined by the state board using a credit hour cost calculation model that: (1) Is tiered to recognize and support cost differentials in providing high-demand, high-tech training; (2) takes into consideration target industries critical to the Kansas economy; (3) is responsive to program growth; (4) takes into consideration local taxing authority for credit hours generated by in-district students; and (5) includes other factors and considerations as deemed necessary or advisable by the state board. The state board shall establish the rates to be used as the state's share in a given year, as well as in the actual distribution.
(b) For purposes of K.S.A. 71-1801 through 71-1810, and amendments thereto, residency for all community college students shall be determined in accordance with K.S.A. 71-406 and 71-407, and amendments thereto, and residency for all technical college and Washburn institute of technology students shall be determined in accordance with laws or policies applicable to those institutions.
(c) In fiscal year 2012, any portion of the appropriation for postsecondary tiered technical education state aid that an institution actually receives that is in excess of the amount of community college operating grant or postsecondary aid that the institution received for fiscal year 2011 shall be considered new state funds for purposes of K.S.A. 74-3202d, and amendments thereto.
History: L. 2011, ch. 97, § 3; July 1.
In accordance with deadlines established and published by the state board of regents, the chief administrative officer of each eligible institution shall certify under oath to the state board any information the state board deems necessary to carry out the provisions of K.S.A. 71-1801 through 71-1810, and amendments thereto, in such form as required by the state board.
History: L. 2011, ch. 97, § 4; July 1.
One-half of the distribution of the appropriation for postsecondary tiered technical education state aid shall be made on August 1, and the remaining one-half shall be made on January 1 of each fiscal year, or as soon thereafter as possible. The state board shall certify, on or before July 20 and December 20 of each fiscal year, to the director of accounts and reports the amount due on August 1 or on January 1, as the case may be, to each institution eligible for postsecondary tiered technical education state aid from such appropriation, and the director of accounts and reports shall draw a warrant upon the state treasurer in favor of the eligible institution for such amount. Upon receipt of the warrant, the treasurer of each community college and the institute of technology shall credit the amount of the warrant to the postsecondary technical education fund of the community college or institute, and the treasurer of each technical college shall credit the amount of the warrant to the general operating fund of the technical college.
History: L. 2011, ch. 97, § 5; July 1.
No amount of postsecondary tiered technical education state aid shall be based upon any credit hour for which the eligible institution is receiving or eligible to receive state aid for non-tiered course credit hours.
History: L. 2011, ch. 97, § 6; July 1.
At any time, if the state board of regents finds that an eligible institution previously approved or deemed approved has failed to comply with the provisions of K.S.A. 71-1801 through 71-1810, and amendments thereto, or with any provision of a policy adopted pursuant to K.S.A. 71-1801 through 71-1810, and amendments thereto, or otherwise fails to meet the standards contained in K.S.A. 71-1801 through 71-1810, and amendments thereto, the state board of regents shall so advise the institution. If such institution fails to correct the deficiency within 12 months from the date such institution was so notified, the state board of regents shall withdraw approval of the institution and the institution shall not be entitled to postsecondary tiered technical education state aid during any such period of withdrawal. Any action of the state board of regents in denying or withdrawing approval of an institution shall be subject to review by the legislature.
History: L. 2011, ch. 97, § 7; July 1.
(a) There is hereby established a postsecondary technical education fund in each community college and at Washburn university for the Washburn institute of technology. All moneys received by a community college or for the institute of technology for establishing, conducting, maintaining and administering any technical program shall be deposited in the postsecondary technical education fund, unless required by federal or state law to be deposited in the institution's general fund. The expenses of a community college or the institute of technology that are attributable to career technical education shall be paid from the postsecondary technical education fund.
(b) There is hereby established a general operating fund in each technical college budget. All moneys received by a technical college for delivering tiered technical course credit hours and non-tiered course credit hours shall be deposited in the general operating fund of the college. The expenses of a technical college that are attributable to career technical education shall be accounted for separately from the expenses of the college that are not attributable to career technical education.
(c) Community colleges, technical colleges and the Washburn institute of technology shall maintain fund accounting procedures as may be necessary to assure proper accounting for funds for career technical education courses, whether received directly from the federal government or any of its agencies, or received through the state or any of its agencies.
History: L. 2011, ch. 97, § 8; July 1.
Any lawful transfer of money from the general fund of a community college or the Washburn institute of technology to the postsecondary technical education fund of such institution shall be an operating expense in the year the transfer is made. The board of any community college or the Washburn institute of technology may transfer moneys from its general fund to its postsecondary technical education fund. Expenditures for career technical education shall not be made from the general fund of a community college or the Washburn institute of technology.
History: L. 2011, ch. 97, § 9; July 1.
The state board may adopt such policies as are necessary or desirable to implement and administer this act.
History: L. 2011, ch. 97, § 10; July 1.
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