[Download] "State Ex Rel. Stephan v. Board of Lyon County Comm'Rs" by Supreme Court of Kansas " Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Stephan v. Board of Lyon County Comm'Rs
- Author : Supreme Court of Kansas
- Release Date : January 13, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
The opinion of the court was delivered by This is an action in the nature of quo warranto, brought by the attorney general against the Board of County Commissioners of Lyon County to contest the validity of two charter resolutions enacted by the Board. The resolutions exempted Lyon County from paying, as required by certain statutes, out-district tuition to Kansas community colleges and municipal universities. The trial court held the resolutions unconstitutional, enjoined the implementation of the charter resolutions, and ordered the Board to continue paying out-district tuition as provided by law. The principal issues to be resolved are whether this court should consider a law enacted while this case was on appeal; whether that statute is controlling; and whether the statutes requiring the payment of out-district tuition are constitutional. To put this controversy in proper perspective, we will first review the constitutional and statutory provisions applicable, together with the procedural history of this action. Article 6 of the Constitution of Kansas deals with the subject of education. It provides in applicable part as follows: § 1. Schools and related institutions and activities. The legislature shall provide for intellectual, educational, vocational and scientific improvement by establishing and maintaining public schools, educational institutions and related activities which may be organized and changed in such manner as may be provided by law. § 2. State board of education and state board of regents. (a) The legislature shall provide for a state board of education which shall have general supervision of . . . educational institutions and all the educational interests of the state, except educational functions delegated by law to the state board of regents. . . . . . . . § 6. Finance. (a) The legislature may levy a permanent tax for the use and benefit of state institutions of higher education and apportion among and appropriate the same to the several institutions, which levy, apportionment and appropriation shall continue until changed by statute. Further appropriation and other provision for finance of institutions of higher education may be made by the legislature.