Attorney General Opinion No. 1989-038

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Book Synopsis Attorney General Opinion No. 1989-038 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-038 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the United States Supreme Court decision in H̲a̲z̲e̲l̲w̲o̲o̲d̲ ̲S̲c̲h̲o̲o̲l̲ ̲D̲i̲s̲t̲r̲i̲c̲t̲ ̲v̲.̲ ̲K̲u̲h̲l̲m̲e̲i̲e̲̲r̲, local public school officials and administrators may exercise reasonable control over activities sponsored by a public school such as publications, theatrical productions and other expressive activities so long as the educators' actions are reasonably related to legitimate pedagogical concerns and there is no intent to create a public forum. Also, Section 11 of the Kansas Bill of Rights does not provide an absolute right to freedom of speech and expression. Students in private, accredited schools are subject to reasonable school regulations. The H̲a̲z̲e̲l̲w̲o̲o̲d̲ decision applies to public schools on its facts, and does not apply to non-public schools. Cited herein: Kans. Const., B. of R., section 11; U.S. Const., Amend. I, XIV.

Attorney General Opinion No. 1989-031

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Book Synopsis Attorney General Opinion No. 1989-031 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-031 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: It is our opinion that Kansas law clearly and unequivocally seeks to avoid removing a child from his home, but permits such removal in order to protect and promote the welfare of the child. State law 1) unambiguously requires a judicial order for removal to be based upon the court's determination that leaving a child in the home is contrary to the child's welfare, and 2) provides for judicial determinations concerning reasonable efforts to keep children in their homes. Cited herein: K.S.A. 38-1501; K.S.A. 1988 Supp. 38-1542; 38-1543; K.S.A 38-1562; 38-1563; K.S.A. 1988 Supp. 38-1565; K.S.A. 38-1583.

Attorney General Opinion No. 1990-038

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Book Synopsis Attorney General Opinion No. 1990-038 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1990-038 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: For purposes of the uniform consumer credit code, the residence of military personnel is the address listed as the person's residence in any signed writing in connection with the consumer transaction. If the individual's residence is called into question, it must be determined on a case-by-case basis taking many factors into consideration in an attempt to ascertain the individual's intended residence. Cited herein: K.S.A. 16a-1-201; K.S.A. 77-201.

Attorney General Opinion No. 1986-038

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Book Synopsis Attorney General Opinion No. 1986-038 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-038 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 75-4318 provides a two-part test that must be met before a body can be found to be included under the Kansas Open Meetings Act: (1) the body is either a legislative or administrative agency of the state or one of its political or taxing subdivisions or subordinate to such a body; and (2) the body receives, expends or is supported in whole or in part by public funds, or, in the case of subordinate groups, has a parent or controlling body which is so supported. Members of the board of trustees of the Sedan City Hospital are appointed by the Sedan City Council. Therefore, the board of trustees is a "subordinate group" of a legislative body which receives and expends public funds. Since both parts of the test are met, the board of trustees of the Sedan City Hospital is subject to the KOMA. Cited herein: K.S.A. 1985 Supp. 12-1615; K.S.A. 75-4317; K.S.A. 1985 Supp. 75-4318.

Attorney General Opinion No. 1989-100

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Book Synopsis Attorney General Opinion No. 1989-100 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-100 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Court services officers should report suspected child abuse or neglect pursuant to K.S.A. 1988 Supp. 38-1522. Cited herein: K.S.A. 1988 Supp. 12-4113; K.S.A. 19-4409; 20-162; 20-345; 20-346a; 21-4602; 21-4604; 21-4610; 22-2202, as amended by L. 1989, ch. 118, section 175; 22-3716; 38-1161; K.S.A. 1988 Supp. 38-1502, as amended by L. 1989, ch. 95, section 7; 38-1522; 38-1527; 38-1528; 38-1565, as amended by L. 1989, ch. 122, section 1; K.S.A. 38-1624; 38-1661; K.S.A. 1988 Supp. 38-1663, as amended by L. 1989, ch. 95, section 10 and L. 1989, ch. 92, section 29; 74-5602, as amended by L. 1989, ch. 118, section 183.

Attorney General Opinion No. 1990-019

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Book Synopsis Attorney General Opinion No. 1990-019 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1990-019 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Exceptional children, except for those exceptional children determined to be gifted children, are required to enroll for and attend the special education services which are indicated by the individualized education programs of the exceptional children. These special education services may be provided by the public school system or a private source. K.S.A. 1989 Supp. 72-1113 establishes the duties of the local board of education, the secretary of social and rehabilitation services, and the county attorney when it is alleged that the exceptional child is not receiving the necessary special education services. The designated employee of the school district shall report to the appropriate official, based on the age of the child, all cases of exceptional children not receiving special education services. The appropriate official is then required to conduct an investigation to determine if the exceptional child may be designated a child in need of care. Cited herein: K.S.A. 1989 Supp. 38-1502; K.S.A. 38-1510; 38-1521; K.S.A. 1989 Supp. 38-1523; K.S.A. 38-1529; 72-961; 72-963; 72-972; 72-975; 72-977; 72-1066; 72-1111; K.S.A. 1989 Supp, 72-1113.

Attorney General Opinion No. 1990-033

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Book Synopsis Attorney General Opinion No. 1990-033 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1990-033 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas Code for the Care of Children provides that an individual or the county or district attorney may initiate a child in need of care petition. Under either statutory provision the duties of social and rehabilitation services (SRS) are investigative and/or custodial. During presentation of the case, the role of an SRS employee is that of a witness. A county or district attorney is not under a duty to represent an SRS employee during the presentation of a child in need of care case whether the case is presented by an individual or the county or district attorney. Cited herein: K.S.A. 19-702; K.S.A. 1989 Supp. 38-1502; K.S.A. 38-1503; 38-1510; K.S.A. 1989 Supp. 38-1523; 38-1524; K.S.A. 38-1529; 38-1532; 38-1541; K.S.A. 1989 Supp. 38-1542; 38-1543; 38-1546; K.S.A. 38-1551; 38-1562; K.S.A. 1989 Supp. 38-1563; 38-1565; K.S.A. 38-1566; 75-5310.

Attorney General Opinion No. 1977-038

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Book Synopsis Attorney General Opinion No. 1977-038 by : Curt Thomas Schneider

Download or read book Attorney General Opinion No. 1977-038 written by Curt Thomas Schneider and published by . This book was released on 1977 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Ordinance Nos. 13793 and 13971, providing for the payment of defense costs and for the satisfaction of civil judgments entered against city police officers arising out of false arrests by such officers while acting within the scope of such officers' duty, and providing for the payment of defense costs and for the satisfaction of civil judgments entered against certain other city officers arising out of errors or omissions committed by such members while acting within the scope of their authority, both conform fully to settled principles of the law of municipal corporations, and the use of municipal funds to pay such costs and judgments does not constitute a diversion of public funds to private purposes.

Attorney General Opinion No. 1989-137

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Book Synopsis Attorney General Opinion No. 1989-137 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-137 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: District courts appear to have the authority to entertain a motion for new trail in a juvenile proceeding if the motion is timely filed and if double jeopardy problems would not arise. A juvenile does not, however, have a statutory or constitutional right to a new trial. Cited herein: K.S.A. 38-801 et seq., repealed L. 1982, ch. 182; 38-1601; 38-1632; 38-1653; 38-1665; 38-1681; 38-1683; 60-259; 60-2103; K.S.A. 44-556, as amended by L. 1979, ch. 158, section 1.

Attorney General Opinion No. 1989-008

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Book Synopsis Attorney General Opinion No. 1989-008 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-008 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 39-1401 e̲t̲ s̲e̲q̲. confidentiality provisions do not prohibit due process procedures, but such procedures are not absolutely mandated if the placement of a name on a list by the State Department of Social and Rehabilitation Services pursuant to K.S.A. 39-1401 e̲t̲ s̲e̲q̲. does not threaten or cause the loss of a constitutionally protected interest in liberty or property. Cited herein: K.S.A. 38-1523 (Ensley 1986); 39-938; 39-1401; 39-1404; 39-1422; K.S.A. 1988 Supp. 65-516; K.S.A. 65-3508; K.A.R. 30-51-1; U.S. Const., Amend. XIV.

Attorney General Opinion No. 1989-147

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Book Synopsis Attorney General Opinion No. 1989-147 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-147 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Based, on the 1986 amendment to K.S.A. 8-2117, the Court of Appeals opinion in I̲n̲ ̲r̲e̲ ̲H̲o̲c̲k̲e̲n̲b̲u̲r̲y̲ and section 3.06 of the Kansas Municipal Court Manual, it is our opinion that a municipal court has the authority to hear prosecutions of persons 16 and 17 years of age for violations of municipal ordinances prohibiting the acts prohibited by K.S.A. 1988 Supp. 8-1567. Attorney General Opinion No. 77-228, due to changes in the applicable statutes, is hereby withdrawn. Cited herein: K.S.A. 1988 Supp. 8-1567; 8-2117; 38-1602; K.S.A. 38-802, 38-815, repealed L. 1982, ch. 182, section 150; L. 1978, ch. 158.

Attorney General Opinion No. 1992-038

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Book Synopsis Attorney General Opinion No. 1992-038 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-038 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1991 Supp. 79-1437f provides that the contents of real estate sales validation questionnaires filed in accordance with that act, while closed to most individuals, shall be made available to appraisers licensed or certified pursuant to K.S.A. 58-4101 et seq. Such questionnaires meet the definition of a public record set forth at K.S.A. 45-217(f), and thus, copies of and access to such records must be provided to licensed or certified appraisers in accordance with the applicable provisions of K.S.A. 45-215 et seq. A custodian of such a public record may not refuse to make copies of such records for persons entitled to access to the contents of a questionnaire filed under K.S.A. 1991 Supp. 79-1437f nor may a custodian delay access or copying until the information in the questionnaire is verified or refuted. Cited herein: K.S.A. 45-215; 45-217; K.S.A. 1991 Supp. 45-221; 58-4101; 79-1437c; 79-1437f.

Attorney General Opinion No. 1988-038

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Book Synopsis Attorney General Opinion No. 1988-038 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-038 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Persons elected to judge of the district court in November 1986 due to a vacancy in office were elected to a four year term to expire January 1991. Cited herein: K.S.A. 1987 Supp. 20-301a; 25-312a; K.S.A. 25-313; 25-314; 25-3904; 25-3906; L. 1985, ch. 119, section 1; L. 1976, ch. 145, section 138; Kan. Const., Art. 3, section 6.

Attorney General Opinion No. 1989-105

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Book Synopsis Attorney General Opinion No. 1989-105 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-105 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The county attorney should not retain control of fees received pursuant to a diversion agreement except as authorized by the board of county commissioners in accordance with proper budgetary procedures. Such fees should initially be paid over to the county treasurer pursuant to K.S.A. 28-175. Cited herein: K.S.A. 1988 Supp. 8-1567, as amended by L. 1989, ch. 38, § 42 and L. 1989, ch. 92, § 16; K.S.A. 19-705; 22-2906; 22-2907; 22-2909, as amended by L. 1989, ch. 95, § 6 and L. 1989, ch. 38, § 47; K.S.A. 1988 Supp. 28-170; 28-170a; 28-170b; 28-172b; K.S.A. 28-175.

Attorney General Opinion No. 1989-072

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Book Synopsis Attorney General Opinion No. 1989-072 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-072 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: T̲h̲e̲ ̲W̲y̲a̲n̲d̲o̲t̲t̲e̲ ̲E̲c̲h̲o̲, in its current form, qualifies as a newspaper in which legal notices may be published pursuant to K.S.A. 1988 Supp. 64-101. Cited herein: K.S.A. 1988 Supp. 64-101.

Attorney General Opinion No. 1989-080

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Book Synopsis Attorney General Opinion No. 1989-080 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-080 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: While registration acts generally do not restrict the practice of a regulated profession, the legislature may by statute place limitations on the scope of practice. The legislative history of K.S.A. 1988 Supp. 65-5812(e) reflects the plain meaning and intent of the words used in this provision. Thus, registered professional counselors may not diagnose or treat mental illness or disease. Cited herein: K.S.A. 1988 Supp. 65-5001; 65-5801; 65-5802; 65-5803; 65-5812; 74-7507.

Attorney General Opinion No. 1989-042

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Book Synopsis Attorney General Opinion No. 1989-042 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-042 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussions by the governing body of a public hospital concerning records and reports mandated to be confidential under the risk management and peer review laws are not required to be discussed in an open meeting. Cited herein: K.S.A. 1988 Supp. 65-4915; 65-4922; 65-4923; 65-4925; 74-8705; 74-8804; 75-37,102; K.S.A. 75-4317; K.S.A. 1988 Supp. 75-4318; 75-4319; K.A.R. 1987 Supp. 28-52-1; 42 C.F.R. section 482.21.