71-1201. Territory attachment; elections, when; limitations and approvals.
71-1201
71-1201. Territory attachment; elections, when;limitations and approvals.Territory may be added to any community college district whichhas been established under this act either by deemed approval or byelection approval by one of the following methods:
(a) The board of education of any unified district a part of whichis in the community college district or which touches and adjoinsa community college district may petition the state board for attachment of theterritory of such unified district to the community college district forcommunity college purposes. Upon receiving any petition under this subsection,the same shall be submitted to the advisory council for its advice andrecommendations which, together with the petition, shall be presented to thestate board. After considering the petition the state board may approve suchattachment, if the advisory councilhas so recommended. If the advisory council has not so recommended thestate board shall so inform the board of trustees of thecommunity college involved and may request its recommendation asto such attachment. If such request is made and if such board oftrustees recommends such attachment the same may be approved by thestate board. Upon granting any approval for attachment ofterritory the state board shall so inform the countyelection officers of counties in which the territory to be attached islocated, and such county election officers shall conduct an election forapproval for such attachment in the area petitioned for attachment. Suchelection shall be conducted in accordance with the procedure forapproval for establishment of a community college as specified inthis act. The question submitted shall be: "Shall the proposed attachment ofterritory to the ________ community college district be approved?", and theblank shall be filled with the name of the community college. The expenses ofthe election shall be paid bythe community college. In the event that such attachment is soapproved by such election the state board shall issue anorder attaching the same to the community college district. Theprovisions of subsection (b) of K.S.A. 71-1102, and amendments thereto, shallalso apply to this subsection.
(b) Any board of trustees may petition the state boardfor the attachment of any adjoining territory to the communitycollege district. Such petition shall be processed as in subsection (a)of this section, except that in the event of disapproval by the advisorycouncil the state board shall so inform the board oftrustees and in such case such attachment shall not be made. If theadvisory council approves such petition, the state boardshall notify the county election officers of counties in which theterritory to be attached is located, and such county election officersshall conduct an election for approval of such attachment in the areapetitioned for attachment. No attachment of territory shall be madeunder this subsection unless such attachment has been approved by amajority of those voting in the territory to be attached. Such electionshall be conducted in accordance with the procedure for approval of theestablishment of community colleges as specified in this act. Thequestion submitted shall be: "Shall the proposed attachment of territoryto the ________ community college district be approved?", and theblank shall be filled with the name of the community college. Inthe event that such attachment is so approved by such election the stateboard shall issue an order attaching the same to thecommunity college district. The expenses of the election shall bepaid by the community college.
(c) No territory shall be attached to any community college district within120 days prior to the general election of members of the board of trustees.
(d) If the community college attaching territory under subsection (a) or (b)has member district method of election, no approval thereof shall be given bythe state board and no proposition for approval thereof shallbe submitted to any election until new proposed member districts for thecommunity college territory as the same will exist after theaddition of territory have been established by the state board.
History: L. 1965, ch. 417, § 11; L. 1969, ch. 310, § 51; L.1980, ch. 207, § 61;L. 1999, ch. 147, § 96; July 1.