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§ 2. State board of education and state board of regents. (a) The legislature shall provide for a state board of education which shall have general supervision of public schools, educational institutions and all the educational interests of the state, except educational functions delegated by law to the state board of regents. The state board of education shall perform such other duties as may be provided by law.

(b) The legislature shall provide for a state board of regents and for its control and supervision of public institutions of higher education. Public institutions of higher education shall include universities and colleges granting baccalaureate or postbaccalaureate degrees and such other institutions and educational interests as may be provided by law. The state board of regents shall perform such other duties as may be prescribed by law.

(c) Any municipal university shall be operated, supervised and controlled as provided by law.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 58; original subject matter stricken and new subject substituted, L. 1966, ch. 10 (Special Session); November 8, 1966.

Revisor's Note:

Prior to 1966 revision, this section related to the establishment of schools. For case annotations to original section, see Volume 6 of the Kansas Statutes Annotated, dated 1964.

Law Review and Bar Journal References:

Student Fees in Public Schools: New Statutory Authority, Joe Allen Lang, 16 W.L.J. 439, 447 (1977).

The Private Nondelegation Doctrine in Kansas and the Kansas State High School Activities Association, Eric Theroff, 44 K.L.R. 633, 653, 658, 667, 668 (1996).

Should There Be Home Rule for Kansas School Districts? Charles Benjamin, 5 Kan. J.L. & Pub. Pol'y, No. 3, 175, 177, 179, 180, 182, 183, 184 (1996).

Rewarding and Sanctioning School District Performance By Decreasing Or Increasing the Level of State Control, Denise Howard, 5 Kan. J.L. & Pub. Pol'y, No. 3, 187, 191, 192, 194, 197, 198 (1996).

State Formation of Charter Schools in Kansas, Sheri Williams, 6 Kan. J.L. & Pub. Pol'y, No. 3, 103 (1997).

Attorney General's Opinions:

Schools; teachers' contracts; constitutionality of binding arbitration provision in Senate Bill No. 718. 80-63.

Education; state board of education. 81-236.

State board of education; gifts and bequests; management and expenditure through trust fund. 83-58.

Education; Legislature; authority. 83-154.

Schools; vocational education; plan for establishment; approval by state board of education. 83-169.

Sheriff, qualifications for office, education; LETC, qualifications of applicants. 88-128.

Outcomes-based accountability system; legislative powers; constitutionality. 90-30.

Examinations for teachers' certifications; passing score determined by state board. 90-132.

State board of education; vacancy; effect of redistricting. 91-84.

Taxation; extent of classification for 501 organizations. 93-17.

Compulsory school attendance; effect of expulsion from former school district. 94-3.

Delegation of authority to state board of education allowing waiver of provisions of statutes held unconstitutional. 95-117.

Agreements between U.S.D. and Edison Project, L.P.; authority and responsibility of state board of education and unified school district; constitutionality. 97-95.

Local historic preservation commissions; jurisdiction; subject to open meetings act. 1999-22.

No requirement to revoke or suspend teacher's license upon probable cause finding of Missouri Division of Family Services. 2003-33.

Person employed by unified school district is not precluded from serving as member of state board of education. 2007-43.

CASE ANNOTATIONS

1. Cited in holding local school board authorized to close attendance facility. Brickell v. Board of Education, 211 Kan. 905, 916, 917, 508 P.2d 996.

2. Held partially self-executing; state board of education possesses general supervisory powers over district boards. State, ex rel. v. Board of Education, 212 Kan. 482, 484, 486, 487, 488, 493, 495, 496, 497, 511 P.2d 705.

3. Article construed with Article 2, § 1; K.S.A. 72-7108 not unconstitutional as unlawful delegation of legislative power. State, ex rel., v. State Board of Education, 215 Kan. 551, 554, 555, 556, 561, 562, 564, 527 P.2d 952.

4. Applied; school board not immune from liability (under 11th Amendment) to teachers for failure to afford teachers' rights under 14th Amendment to pretermination hearing. Unified School District No. 480 v. Epperson, 551 F.2d 254, 260.

5. Referred to; school board not immune to teachers for failure to provide pretermination hearing. Unified School Dist. No. 480 v. Epperson, 583 F.2d 1118, 1123.

6. Authority of secretary of human resources under teachers' collective negotiations act (72-5413 et seq.) not in violation hereof. NEA-Fort Scott v. U.S.D. No. 234, 225 Kan. 607, 608, 609, 611, 612, 592 P.2d 463.

7. Board of Regents held not subject to building code ordinances of Kansas City for construction at K.U. Medical Center. State ex rel. Schneider v. City of Kansas City, 228 Kan. 25, 31, 612 P.2d 578.

8. Board of regents is an employer under public employer-employee relations act. Kansas Bd. of Regents v. Pittsburg State Univ. Chap. of K-NEA, 233 Kan. 801, 811, 667 P.2d 306 (1983).

9. Cited; rebuttable presumption of qualification represented by teaching certificate, tenured teacher's rights in reduction of force situation examined. Bauer v. U.S.D. No. 452, 244 Kan. 6, 12, 765 P.2d 1129 (1988).

10. State board of education not proper party defendant in school desegregation action. Brown v. Board of Educ. of Topeka, 892 F.2d 851, 887, 888 (1989).

11. Constitutionality of K.S.A. 25-1904 relating to qualification for membership on state board of education determined. State ex rel. Stephan v. Johnson, 14 Kan. App. 2d 542, 543, 795 P.2d 411 (1990).

12. Authority of secretary of human resources to remedy infractions of professional negotiations act (72-5413 et seq.) is constitutionally permissible. U.S.D. No. 279 v. Secretary of Kansas Dept. of Human Resources, 247 Kan. 519, 535, 536, 802 P.2d 516 (1990).

13. Eligibility of state employee in unclassified service to serve on state board of education presented; case held moot. State ex rel. Stephan v. Johnson, 248 Kan. 286, 807 P.2d 664 (1991).

14. Authority and duties of hearing committee, school board and state board of education considered in action involving nonrenewal of teacher's contract; K.S.A. 72-5443 not in violation of this section. U.S.D. No. 380 v. McMillen, 252 Kan. 451, 854 P.2d 676 (1993).

15. Cited in holding mandamus appropriate remedy for tenured teacher to pursue for salary pending hearing on intent to nonrenew contract. McMillen v. U.S.D. No. 380, 253 Kan. 259, 261, 855 P.2d 896 (1993).

16. Whether gun-free school zones act (18 U.S.C. 922(q)) is unconstitutional extension of federal control over public schools examined. U.S. v. Glover, 842 F. Supp. 1327, 1329 (1994).

17. Challenge of hearing officer's authority to make good cause determination under due process procedure act (72-5436 et seq.) considered and rejected. U.S.D. No. 500 v. Robinson, 262 Kan. 357, 363, 940 P.2d 1 (1997).

18. Public purpose of amendment restricting school district withdrawal from interlocal agreements precluded contractual impairment claim. U.S.D. No. 443 v. Kansas State Board of Education, 266 Kan. 75, 82, 966 P.2d 68 (1998).