K.S.A. § 72-1439 — KS Code / Chapter 72 / Article 14 / Section 72-1439
72-1439 - Disposition of closed school buildings; notice to legislature; adoption of concurrent resolution for state agency to acquire the school building; requirements.
Status: in_force

72-1439. Disposition of closed school buildings; notice to legislature; adoption of concurrent resolution for state agency to acquire the school building; requirements. (a) Within 30 days after the board of education of a school district adopts a resolution to dispose of a school district building pursuant to K.S.A. 72-3216, and amendments thereto, such board of education shall submit written notice of its intention to dispose of such building to the legislature. Such notice shall be filed with the chief clerk of the house of representatives and the secretary of the senate and shall contain the following:

(1) A description of the school district's use of such building immediately prior to the decision to dispose of such building;

(2) the reason for such building's disuse and the decision to dispose of such building;

(3) the legal description of the real property to be disposed of; and

(4) a copy of the resolution adopted by the board of education.

(b) (1) If the notice required under subsection (a) is received by the legislature during a regular legislative session, then the legislature shall have 45 days to adopt a concurrent resolution in accordance with subsection (c) stating the legislature's intention for the state to acquire such building.

(2) If the notice required under subsection (a) is received when the legislature is not in regular session, then not more than 45 days after such notice is received by the legislature, the legislative coordinating council may deny the legislative option authorized pursuant to this section for the state to acquire the school district building. If the legislative coordinating council denies the legislative option for the state to acquire the school district building pursuant to this paragraph, the provisions of subsections (c) and (d) shall not apply, and the school district may proceed with disposing of such building in accordance with state law. If the legislative coordinating council does not deny the legislative option for the state to acquire the school district building within such 45-day period, then the legislature shall have 45 days from the commencement of the next regular session to adopt a concurrent resolution in accordance with subsection (c) stating the legislature's intention for the state to acquire such building.

(c) The legislature may adopt a concurrent resolution stating the legislature's intention that the state acquire the school district building. Such concurrent resolution shall include:

(1) The name of the school district that owns such building;

(2) the information contained in the written notice as described in subsection (a)(1) through (3); and

(3) the state agency that intends to acquire such building and the intended use of such building upon acquisition.

(d) Upon adoption of a concurrent resolution in accordance with subsection (c), the state agency named in such resolution shall have 180 days to complete the acquisition of such school district building and take title to the real property. Upon request of the state agency acquiring the school district building, the legislative coordinating council may extend the 180-day period for a period of not more than 60 days. The board of education of the school district shall not sell, gift, lease or otherwise convey such building or any of the real property described in the written notice or take any action or refrain from taking any action that would diminish the value of such property during the 180-day period or any extension thereof.

(e) If the legislature does not adopt a concurrent resolution in accordance with subsection (c) within the 45-day period or if the state agency does not take title to the property within the 180-day period or any extension thereof pursuant to subsection (d), the board may dispose of the property in such manner and upon such terms and conditions as the board deems to be in the best interest of the school district. Conveyances of school buildings and other school properties pursuant to this section shall be executed by the president of the board and attested by the clerk.

(f) As used in this section:

(1) "Building" means any building that was used in any prior school year as an attendance center for students enrolled in kindergarten or any of the grades one through 12.

(2) "State agency" means any state agency, department, authority, institution, division, bureau or other state governmental entity.