71-1103. Establishment; approval by state board; approval at election.
71-1103
71-1103. Establishment; approval by state board; approval at election.(a) Upon receiving any petition under K.S.A. 71-1101, the same shall besubmitted to the advisory council for itsadvice and recommendations, which together with the petition shall bepresented to the state board, which, after considering the same, mayapprove the establishment of the community college as proposed inthe request, subject to the approval thereof by electors of the proposedcommunity college district. In no event shall the state boardgive approval unless it finds that the establishment and operation ofthe proposed community college is consistent with the state planas then in force, or unless the state board finds that specialcircumstances warrant an exception from the state plan and detailsreasons therefor. Such finding and the reasons of the state board insupport thereof shall constitute an amendment of the state plan.
(b) Unless the writing by which the state board communicatesapproval specifically states otherwise, such approval of the requestshall be in the terms contained in such request. The state board maycondition approval upon the modification of the plan for the proposedcommunity college, or upon modification of the plan of financing.
(c) No community college shall be established pursuant tothis or any other act, nor shall any community college beentitled to or receive state aid unless its establishment has beenapproved as provided by law.
(d) Upon approval by the state board of any community collegepetition for establishment, the state board shall order an election forapproval thereof to be held in the territory comprising the proposedcommunity college districtand shall specify the time of such election. Theexpenses of such election shall be paid by the county or counties inwhich territory of the proposed community college is locatedproportionately to the amount of territory in such counties. Electionlaws applying to elections for approval of a special question shallapply insofar as the same may be made applicable. The question submittedshall be: "Shall the proposed _____ community college beapproved?," and the blank shall be filled with the name of such proposedcommunity college as approved by the state board.
History: L. 1965, ch. 417, § 10; L. 1967, ch. 407, § 17; L.1968, ch. 211, § 10; L. 1980, ch. 207, § 55; July 1.