72-64b03. Appointment of three-judge panel; closing of schools or distribution of moneys to schools.
72-64b03
72-64b03. Appointment of three-judge panel; closingof schools or distribution of moneys to schools.(a) If a petition is filed in a districtcourt of this statealleging a violation of article 6 of theKansas constitution, the chief judge of such district court shall notify thechief justice of the supremecourt of such petition within three business days thereafter.
(b) Within three business days of receiving such notice, the chief justiceshall notify the chiefjudge of the court of appeals. Within 10 business days of receiving notice bythe chief justice, thechief judge shall appoint a panel of three current or retired district courtjudges to preside over suchcivil action. The chief judge shall designate one of such judges to be thepresiding judge of the panel.The judicial panel shall be considered a court of competent jurisdiction tohear and decide the civilaction.
(c) The judicial panel shall establish venue pursuant toK.S.A. 2009 Supp.72-64b04, and amendments thereto.
(d) As a part of a remedy, preliminary decision or final decision in whicha statute orlegislative enactment of this state has been held unconstitutional as aviolation of article 6 of theKansas constitution, the judicial panel or any master or other person orpersons appointed by the panel to hear or determine a cause or controversy orto make or enforce any order or remedy orderedby a court pursuant to K.S.A. 60-253, and amendments thereto, or any otherprovision of law, shallnot have the authority to order a school district or any attendance centerwithin a school district tobe closed or enjoin the use of all statutes related to the distribution offunds for public education.
History: L. 2005, ch. 194, § 22; L. 2005, ch. 2, § 22(Special Session);July 28.