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Kansas Statutes Annotated

K.S.A. § 72-8213 (2026)

✓ current as of May 2026
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72-8213.

History: L. 1963, ch. 393, § 23; L. 1967, ch. 399, § 1; L. 1972, ch. 278, § 1; L. 1972, ch. 280, § 1; L. 1982, ch. 301, § 3; L. 1984, ch. 261, § 15; L. 1991, ch. 230, § 1; Repealed, L. 2002, ch. 167, § 9; July 1.

CASE ANNOTATIONS

1. "Attendance facility" construed; conditions precedent to closing determined. Hand v. Board of Education, 198 Kan.459, 460, 462, 465, 426 P.2d 124.

2. Consent to close attendance facility no prerequisite to issuance of bonds under K.S.A. 72-6761. Masheter v. Vining, 198 Kan.691, 693, 694, 426 P.2d 149.

3. Cited in determination of school board's authority to receive federal funds. Linher v. Unified School District No. 259, Wichita, Kansas, 344 F. Supp. 1187, 1196.

4. Constitutionality upheld; section not void for vagueness and uncertainty. Brickell v. Board of Education, 211 Kan.905, 907, 908, 909, 910, 911, 913, 914, 915, 508 P.2d 996.

5. Where common and high school districts unite to construct building for joint use, electors of disorganized district protected hereunder. Welch v. Board of Education, 212 Kan.697, 699, 700, 702, 703, 704, 705, 512 P.2d 358.

6. Closure of attendance facility; when approval of electors of disorganized school district required. Welch v. Board of Education, 212 Kan.697, 699, 700, 702, 703, 704, 705, 512 P.2d 358.

7. Construed and applied; kindergarten considered as elementary grades required after change; grade six when incorporated in system considered as one of grades required. Meinhardt v. Board of Education, 216 Kan.57, 58, 62, 63, 64, 531 P.2d 438.

8. Mentioned; dismissal of action to enjoin school closing reversed; time limit for direct appeal inapplicable. Linnens v. Board of Education of U.S.D. No. 408, 3 Kan. App. 2d 662, 663, 600 P.2d 152.

9. Construed; authority implied herein to call an election to reduce grade usage at an attendance facility. Hobert v. U.S.D. No. 309, 230 Kan.375, 376, 377, 378, 379, 380, 381, 383, 384, 634 P.2d 1088 (1981).

10. "Elementary school grades" liberally construed; requirement that facility cease to be used unless remodeled constitutes an order under subsection (g). Linnens v. Christensen, 7 Kan. App. 2d 649, 650, 652, 654, 655, 657, 658, 659, 646 P.2d 1141 (1982).

11. Subsection (e); change in use of school facility does not constitute closing of facility to require consent or affirmative vote of majority of qualified electors. Hensley v. Board of Education of Unified School District, 210 Kan.858, 504 P.2d 184 (1972).

12. Subsection (e); change in use of school facility does not constitute closing of facility to require consent or affirmative vote of majority of qualified electors. Hensley v. Board of Education of Unified School District, 210 Kan.858, 859, 860, 861, 862, 863, 864, 504 P.2d 184 (1972).

13. No state agency or officer has power to desegregate schools; authority rests with local school district. Brown v. Board of Educ. of Topeka, 892 F.2d 851, 888 (1989).


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Notes of Decisions
Cited in 7 cases, 1972–1982 · leading case: Hobart v. Bd. of Educ. of Unified Sch. Dist. 309, 634 P.2d 1088 (Kan. 1981).
Sort: Relevance Newest Treatment
Hobart v. Bd. of Educ. of Unified Sch. Dist. 309, 634 P.2d 1088 (Kan. 1981). · cites it 19× “The term “attendance facility” is defined in K.S.A. 72-8213 to mean a school building which has beertthe property of a school district disorganized and made a part of a unified district.”
Linker v. Unified Sch. Dist. 259, Wichita, Kansas, 344 F. Supp. 1187 (D. Kan. 1972). · cites it 3× “K.S.A. 72-8213 provides for the closing of schools and the changing of the use of schools.”
Hiett v. Brier, 586 P.2d 55 (Kan. Ct. App. 1978). “2d 996 (1973), the title of the statute attacked was as follows: “ ‘AN ACT concerning education; issuance of bonds by school districts in certain cases; amending K.S.A. 1971 Supp. 72-8213 . . . ” ( 211 Kan.”
Linnens v. Christensen, 646 P.2d 1141 (Kan. Ct. App. 1982). · cites it 7× “408, Marion County, Kansas (appellants or Board), had closed a school building in violation of K.S.A. 72-8213. After conducting a hearing, the district court granted appellees an injunction.”
Hensley v. Bd. of Educ. of Unified Sch. Dist., 504 P.2d 184 (Kan. 1972). · cites it 12× “He determined that the change in use of the high school attendance facility was authorized by K.S.A. 1971 Supp. 72-8213 ( e ), that the previous injunction order against closing the high school attendance facility had not been violated and that the board was not guilty of…”
Linnens v. Bd. of Educ. of USD No. 408, 600 P.2d 152 (Kan. Ct. App. 1979). “U-4 by virtue of K.S.A. 72-8213 and 72-8140. The Board answered, and then filed a motion for summary judgment.”
Hensley v. Bd. of Educ. of Unified Sch. Dist. No. 443, 504 P.2d 184 (Kan. 1972). “unless and until the same may be closed by some lawful manner, in order that the resident electors of Disorganized School District No.”
— K.S.A. § 72-8213(a) — 1 case
Hobart v. Bd. of Educ. of Unified Sch. Dist. 309, 634 P.2d 1088 (Kan. 1981). “The term “attendance facility” is defined in K.S.A. 72-8213 to mean a school building which has beertthe property of a school district disorganized and made a part of a unified district.”
— K.S.A. § 72-8213(e) — 2 cases
Hobart v. Bd. of Educ. of Unified Sch. Dist. 309, 634 P.2d 1088 (Kan. 1981). “The term “attendance facility” is defined in K.S.A. 72-8213 to mean a school building which has beertthe property of a school district disorganized and made a part of a unified district.”
Linnens v. Christensen, 646 P.2d 1141 (Kan. Ct. App. 1982). “408, Marion County, Kansas (appellants or Board), had closed a school building in violation of K.S.A. 72-8213. After conducting a hearing, the district court granted appellees an injunction.”
— K.S.A. § 72-8213(g) — 1 case
Linnens v. Christensen, 646 P.2d 1141 (Kan. Ct. App. 1982). “408, Marion County, Kansas (appellants or Board), had closed a school building in violation of K.S.A. 72-8213. After conducting a hearing, the district court granted appellees an injunction.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.