School Building Disposal

Disposition of School Buildings and Property

Pursuant to KSA 72-3216, upon the affirmative recorded vote of no less than a majority of the members of the school district board of education (board) at a regular meeting, a school district may dispose of school buildings and school property no longer needed by such school district. During the 2023 and 2024 Legislative Sessions, bills amending and adding to the school building disposal process were enacted.

2023 House Sub. for SB 113

House Sub. for SB 113, codified in KSA 72-1439, granted the Legislature the right of first refusal and created a notification process of a board’s intentions to dispose of a school building.

A board is required to submit written notice to the Legislature of its intention to dispose of a school building by filing such notice with the Chief Clerk of the House and the Secretary of the Senate. The written notice must include:

• A description of the school district’s use of the building immediately prior to the decision to dispose;
• The reasons for the building’s disuse and the decision to dispose of the building;
• The legal description of the real property to be disposed of; and
• A copy of the resolution adopted by the board.

The Legislature has the opportunity to review the notice and, within 45 days, adopt a concurrent resolution that states the Legislature’s intention to acquire such school building. Note: When the Legislature is not in session, the Legislature has 45 days from the commencement of its next regular session to adopt the concurrent resolution.

If the Legislature does not adopt a concurrent resolution within the 45-day period, the school district is allowed to proceed with the disposition of the school building in such manner and upon such terms and conditions as the board deems to be in the best interest of the school district.

If the Legislature adopts a concurrent resolution within the 45-day period, the state agency named in the resolution will have 180 days to complete acquisition of the school building and take title to the real property. The Legislative Coordinating Council (LCC) may extend the 180-day period by 60 days.

During the 180-day period and authorized extension, the board is prohibited from selling, gifting, leasing, or otherwise dispensing of the building or real property described in the required written notice. If the state agency does not take title during the 180-day period or 60-day extension, the school district may proceed with disposition of the building.

2024 House Sub. for SB 387

House Sub. for SB 387 made changes to the process by which the Legislature exercises its right of first refusal and defines “building” to mean any building that was used in any prior school year as an attendance center for students enrolled in K–12.

When the Legislature is not in session, the LCC is authorized to deny the legislative option within 45 days. If the LCC does not deny the legislative option, the Legislature may adopt a current resolution within 45 days of the commencement of the next regular session.

If the LCC denies the legislative option or the Legislature does not adopt a concurrent resolution within the 45-day period from the commencement of the next regular session, the school district is permitted to proceed with the disposal of the school building in accordance with state law.

In addition, the bill included language to prohibit a board disposing of a school building from refusing to sell, lease, or convey any interest in a building or property to a prospective buyer or lessee solely because the prospective buyer or lessee may use or intends to use the building or property as a non-public school building.
These provisions went into effect on and after July 1, 2024.