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§ 1. Schools and related institutions and activities. The legislature shall provide for intellectual, educational, vocational and scientific improvement by establishing and maintaining public schools, educational institutions and related activities which may be organized and changed in such manner as may be 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 state and county superintendent of public instruction. For ----CASE ANNOTATIONS to original section, see Volume 6 of the Kansas Statutes Annotated, p. 936; dated 1964.

Law Review and Bar Journal References:

Discussed in comment on the 1973 Kansas School District Equalization Act by James L. McNish, 22 K.L.R. 229, 235 (1974).

Student Fees in Public Schools: New Statutory Authority, Joe Allen Lang, 16 W.L.J. 439, 442, 459 (1977).

Constitutional Law: Privacy Penumbra Encompasses Students in School Searches [New Jersey v. T.L.O., 105 S. Ct. 733 (1985)], J. Lynn Entriken Goering, 25 W.L.J. 135, 142 (1985).

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

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

The Debate over Evolution, Robert Vaught, 48 K.L.R. 1013 (2000).

Potential Federal and State Constitutional Barriers to the Success of School Vouchers, Brian L. White, 49 K.L.R. 889 (2001).

Gunfight at the K-12 Corral: Legislative vs. Judicial Power in the Kansas School Finance Litigation, Richard E. Levy, 54 K.L.R. 1021 (2006).

Rachel Henderson, Let's Talk about Sex: Requiring Comprehensive Sex Education to Address Teen Dating Violence in Kansas, 33 Kan. J.L. & Pub. Pol'y 68 (2023).

Attorney General's Opinions:

Public television; works of internal improvement. 80-55.

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.

School attendance; G.E.D. 87-46.

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

Capital outlay levy; use of proceeds; procedure; constitutionality. 90-79.

CASE ANNOTATIONS

1. Constitution grants general supervisory powers over district boards directly to state board of education. State, ex rel., v. Board of Education, 212 Kan. 482, 485, 495, 497, 511 P.2d 705.

2. 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.

3. Order dismissing action to determine constitutionality of 1973 School District Equalization Act as moot, vacated and remanded; rights hereunder unresolved. Knowles v. State Board of Education, 219 Kan. 271, 272, 273, 547 P.2d 699.

4. Teachers' collective negotiations within "related activities" category; constitutionality of act (72-5413 et seq.) upheld. NEA-Fort Scott v. U.S.D. No. 234, 225 Kan. 607, 608, 609, 612, 592 P.2d 463.

5. 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, 544, 795 P.2d 411 (1990).

6. 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).

7. Whether authorization for community college courses to be taught on federal enclave is statutory examined. Board of Trustees of Butler Co. Comm. College v. Board of Sedgwick Co. Comm'rs, 257 Kan. 468, 475, 893 P.2d 224 (1995).

8. Mentioned; case distinguished from state court Montoy case; plaintiff in federal case not prevailing party for attorney fees. Robinson v. Kansas, 506 F. Supp. 2d 488, 489, 498 (2007).

9. Article 6 of the constitution of the state of Kansas requires that the educational system not be "static or regressive," but move toward improvement. Gannon v. State, 298 Kan. 1107, 1146, 319 P.3d 1196 (2014).