Judges: Carla J. Stovall, Attorney General of Kansas
Filed Date: 5/21/1998
Status: Precedential
Modified Date: 7/5/2016
The Honorable Kay O'Connor State Representative, 14th District 1101 N. Curtis Olathe, Kansas 66061
Dear Representative O'Connor:
As Representative for the 14th District, you request our opinion regarding the constitutionality of a provision of K.S.A. 1997 Supp.
K.S.A.
"(a) The board of education of any school district is hereby authorized to permit pupils who are not residents of the school district to enroll in and attend the schools of the district. The board of education may permit such pupils to attend school without charge or, subject to the provisions of subsection (b), may charge such pupils for attendance at school to offset, totally or in part, the costs of providing such attendance. Amounts received under this subsection by the board of education of a school district for enrollment and attendance of pupils at school in regular educational programs shall be deposited in the general fund of the school district.
"(b) Pupils who are not residents of a school district and are attending the schools of the school district in accordance with the provisions of an agreement entered into under authority of K.S.A.
72-8233 , and amendments thereto, shall not be charged for attendance at school. The costs of providing for the attendance of such pupils at school shall be paid by the school district of residence of the pupils in accordance with the provisions of the agreement." (Emphasis added).
For purposes of the School District Finance and Quality Performance Act, K.S.A.
Section
"(b) The legislature shall make suitable provision for finance of the educational interests of the state. No tuition shall be charged for attendance at any public school to pupils required by law to attend such school, except such fees or supplemental charges as may be authorized by law. The legislature may authorize the state board of regents to establish tuition, fees and charges at institutions under its supervision." (Emphasis added.)
Children between the ages of seven years and 18 years, with some exceptions, are required to attend either a public school or a private, denominational or parochial school. K.S.A. 1997 Supp.
The Kansas Legislature is free to act except as it is restricted by the Kansas Constitution. Gleason v. Samaritan Home,
"Determining whether a statute violates the constitution is a question of law. When determining a question of law, [the] court may exercise an unlimited de novo standard of review. A statute is presumed constitutional, and all doubts must be resolved in favor of its validity. If there is any reasonable way to construe a statute as constitutionally valid, the court must do so. A statute must clearly violate the constitution before it may be struck down. [The] court not only has the authority, but also the duty, to construe a statute in such a manner that it is constitutional if the same can be done within the apparent intent of the legislature in passing the statute." Injured Workers of Kansas,
262 Kan. at 844 , quoting Lemuz v. Fieser,261 Kan. 936 ,943 (1997) (citations omitted) (emphasis added).
While a unified school district may not charge tuition to pupils who are required by law to attend the schools of the district, the district may charge such other fees or supplemental charges as are authorized by the Legislature. The Kansas Constitution does not place limitations upon the types of fees or supplemental charges that may be authorized by the Legislature. K.S.A. 1997 Supp.
You also ask whether a unified school district violates the provisions of K.S.A. 1997 Supp.
Very truly yours,
CARLA J. STOVALL Attorney General of Kansas
Richard D. Smith Assistant Attorney General
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