72-4470a. Governing body; powers and duties; plans to replace existing board.
72-4470a
72-4470a. Governing body; powers and duties; plansto replace existing board.(a) On or before July 1, 2005, all technical college boardsshall develop and present to the state board of regents a plan to replace thegoverning body described in K.S.A. 72-4470, and amendments thereto, with a newgoverning board, which shall be separate and independent of any board ofeducation of any school district, to operate, control and manage the technicalcollege. The plan shall include, but not be limited to, provisions relating to:
(1) The composition of the independent governing board;
(2) the territory of the technical college. If the territory of the technicalcollege includes more than one county, the plan shall designate a home county;
(3) the method of election or appointment and the terms of service of themembers of the independent governing board;
(4) the date upon which the independent governing board shall assumemanagement and control of the technical college;
(5) the manner, terms upon which and extent to which the facilities, will betransferred to the independent governing board and the division of other assetsand indebtedness and other liabilities; and
(6) the manner and terms upon which faculty, employees and students will betransferred to the independent governing board. Subject to the provisions ofK.S.A. 2009 Supp.72-4478, and amendments thereto, such provisions shallspecify terms ofemployment and address other personnel matters.
(b) (1) Upon approval of the plan by the state board of regents and thegoverning body of the technical college which submitted the plan, and on thedate determined in the approved plan, the independent governing boardestablished under subsection (a) of this section shall operate subject to therules, regulations and supervision of the state board of regents in the samemanner as other technical colleges, technical schools and area vocationaltechnical schools.
(2) After June 30, 2007, if the governing body of the technical college andthe state board of regents have not approved a plan submitted pursuant tosubsection (a), the state board of regents shall have the power to approve theplan and upon such approval and on the date determined in the approved plan,the independent governing board established pursuant to subsection (a) shalloperate subject to the rules, regulations and supervision of the state board ofregents in the same manner as other technical colleges, technical schools andarea vocational technical schools.
(c) In addition to such other powers expressly granted by law and subject tothe provisions of subsection (b), the governing board shall have the power to:
(1) Determine the career technical andgeneral education courses ofinstruction that will comprise the associate of applied science degree programsof the college;
(2) establish the requirements for satisfactory completion of the associateof applied science degree programs of the college;
(3) confer the associate of applied science degree upon students whosuccessfully complete an associate of applied science degree program of thecollege and to award a certificate or diploma to students who successfullycomplete a career technical education program of thecollege;
(4) appoint teaching staff and fix and determine teacherqualifications,duties and compensation. No teacher appointed to teach courses comprising theassociate of applied science degree programs of the college shall be requiredto meet licensure requirements greater than thoserequired in the stateeducational institutions;
(5) have custody of, and be responsible for, the property of the college andbe responsible for the operation, management and control of the college;
(6) select a chairperson and such other officers as it deems desirable, fromits membership;
(7) sue and be sued;
(8) appoint and fix the compensation and term of office of a president orchief administrative officer of the college;
(9) fix and determine, within state adopted standards, all other employees'qualifications, duties, compensation and all other items andconditions of employment;
(10) enter into contracts;
(11) accept any gifts, grants or donations;
(12) acquire and dispose of real or personal property;
(13) enter into lease agreements as lessor of any propertyowned or controlled by the college;
(14) adopt any rules and regulations, not inconsistent with any law or anyrules and regulations of the state board of regents, which are necessary forthe administration and operation of the college or for the conduct of businessof the governing board;
(15) contract with one or more agencies, either public or private, whetherlocated within or outside the territory of the college or whether locatedwithin or outside the state of Kansas for the conduct by any such agency ofacademic or career technical education for students ofthe college and to provide forthe payment to any such agency for the contracted educational services from anyfunds or moneys of the college, including funds or moneys received from studenttuition and fees;
(16) appoint as its resident agent for the purpose of service of process,either the president of the technical college or the chairperson of thegoverning board, or both;
(17) take any other action, not inconsistent with any law or any rules andregulations of the state board of regents, which is necessary or incidental tothe establishment, operation and maintenance of the college;
(18) issue bonds for capital improvement projects, enter into bond covenantsand take such ancillary action as the governing board approves, relatingthereto except that such bonds shall not be secured by a pledge of any propertytax revenues of the technical college; and
(19) enter into agreements with counties relating to funding for capitalimprovement projects at technical colleges.
History: L. 2003, ch. 134, § 2;L. 2004, ch. 185, § 49;L. 2005, ch. 69, § 17;L. 2009, ch. 24, § 22; July 1.