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§ 5. Local public schools. Local public schools under the general supervision of the state board of education shall be maintained, developed and operated by locally elected boards. When authorized by law, such boards may make and carry out agreements for cooperative operation and administration of educational programs under the general supervision of the state board of education, but such agreements shall be subject to limitation, change or termination by the legislature.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 59; 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 lease or sale of school lands. For case annotations to original section, see Volume 6 of the Kansas Statutes Annotated, dated 1964.

Law Review and Bar Journal References:

Students' Constitutional Rights in Public Secondary Education, Harold D. Starkey, 14 W.L.J. 106 (1975).

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).

Attorney General's Opinions:

School textbooks; when free textbooks required. 79-122.

Schools; buildings; compliance with municipal zoning and building code requirements. 80-14.

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

Schools; transportation of students; transportation routes. 83-180.

Capital outlay levy, funds and bonds; procedure, protest, petition and election; effect of substitute resolution. 86-69.

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

Organization, powers and finances of boards of education; interlocal agreements; duration of agreements. 87-119.

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

County-city consolidation; no affect upon unified school district. 97-30.

U.S.D. may not suspend or expel a pupil for truancy. 97-38.

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.

Education service centers; may provide goods and services to schools and other governmental entities, including customers not members of service center. 2002-10.

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

School board member elections; manner of election provided by statute. 2007-6.

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

Governing body of a municipality may develop a neutral or impartial explanatory statement on a question it has submitted to the electorate. 2014-4.

CASE ANNOTATIONS

1. School dress code regulating hair length of male students upheld; school boards authorized to provide rules and regulations. Beline v. Board of Education, 210 Kan. 560, 563, 571, 502 P.2d 693.

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

3. Cited; state board of education possesses general supervisory powers over district boards. State, ex rel., v. Board of Education, 212 Kan. 482, 485, 486, 492, 493, 497, 511 P.2d 705.

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

5. 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).

6. 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).

7. 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).

8. 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).

9. 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).

10. Whether school district finance and quality performance act (L. 1992, ch. 280) finance provision infringes on school board's local control examined. U.S.D. No. 229 v. State, 256 Kan. 232, 235, 251, 885 P.2d 1170 (1994).

11. 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).

12. Amendment to K.S.A. 72-8230 restricting school districts withdrawal from interlocal agreements did not violate section. U.S.D. No. 443 v. Kansas State Board of Education, 266 Kan. 75, 82, 92, 966 P.2d 68 (1998).

13. Plaintiff school districts met the burden of proof to demonstrate standing under section 5 of article 6 of the constitution of the state of Kansas because the state's failure to meet its obligations under section 6 of article 6 prevented plaintiff school districts from fulfilling their obligations under section 5. Gannon v. State, 298 Kan. 1107, 1127–31, 319 P.3d 1196 (2014).