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§ 3. Members of state board of education and state board of regents. (a) There shall be ten members of the state board of education with overlapping terms as the legislature may prescribe. The legislature shall make provision for ten member districts, each comprised of four contiguous senatorial districts. The electors of each member district shall elect one person residing in the district as a member of the board. The legislature shall prescribe the manner in which vacancies occurring on the board shall be filled.

(b) The state board of regents shall have nine members with overlapping terms as the legislature may prescribe. Members shall be appointed by the governor, subject to confirmation by the senate. One member shall be appointed from each congressional district with the remaining members appointed at large, however, no two members shall reside in the same county at the time of their appointment. Vacancies occurring on the board shall be filled by appointment by the governor as provided by law.

(c) Subsequent redistricting shall not disqualify any member of either board from service for the remainder of his term. Any member of either board may be removed from office for cause 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 the state permanent school fund and sources of revenue for fund. For case annotations to original section, see Volume 6 of the Kansas Statutes Annotated, dated 1964.

Law Review and Bar Journal References:

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

Attorney General's Opinions:

Reapportionment of senatorial and representative districts; members of state board of education. 89-11.

State board of education member elections; disqualifications; state employees. 89-65.

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

State educational institutions; management and operation; appointment of employees; teaching personnel; concurrent service in the Legislature. 92-31.

Public officers; altering or shortening terms of incumbents. 95-114.

Reapportionment of Kansas Legislature; vacancy in senate seat prior to 2004 effective date. 2002-8.

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

CASE ANNOTATIONS

1. Referred to in determining senate confirmation or rejection of appointees of governor under K.S.A. 22-3707 lawful. Leek v. Theis, 217 Kan. 784, 804, 539 P.2d 304.

2. 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).

3. 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).