Lawsuits by or against board of regents, state educational institutions; representation by attorney general; exception

76-713. Lawsuits by or against board of regents, state educational institutions; representation by attorney general; exception. The board of regents may sue in its own name or in the name of any state educational institution, or may authorize suit to be brought by the chief executive officer of any state educational institution in the name of such state educational institution. The board of regents may be sued and may defend any action brought against the board of regents or any state educational institution. Any state educational institution may be sued and may defend any action brought against it. The attorney general, or an attorney designated by the attorney general, shall represent the board of regents and any state educational institution in all litigation, except that litigation arising pursuant to contracts for collection services entered into under K.S.A. 76-745 and amendments thereto shall not be subject to this requirement and the board of regents and any state educational institution shall be represented in any such litigation in accordance with such contracts entered into under K.S.A. 76-745 and amendments thereto. History: L. 1970, ch. 371, § 3; L. 1977, ch. 237, § 26; L. 1990, ch. 338, § 1; July 1. Law Review and Bar Journal References: "Immunity From Suit on Implied Contract: Isn't It Time Kansas Entered the 20th Century?" Mark A. Shaiken, 20 W.L.J. 557, 561 (1981). CASE ANNOTATIONS 1. Statute cannot be construed as consent by state to suit in federal court. Brennan v. University of Kansas, 451 F.2d 1287, 1289. 2. State university is a direct arm or alter ego of the state and federal court has no jurisdiction of suit against it without state consent. Brennan v. University of Kansas, 451 F.2d 1287, 1291. 3. Suit brought on behalf of board of regents properly brought in name of State ex rel. Attorney General. State ex rel. Schneider v. City of Kansas City, 228 Kan.25, 26, 27, 28, 612 P.2d 578. 4. Board of regents is an employer under public employer-employee relations act. Kansas Bd. of Regents v. Pittsburg State Univ. Chap. of K-NEA, 233 Kan.801, 811, 667 P.2d 306 (1983). 5. No waiver of 11th amendment immunity could be implied by state statute authorizing suits against state educational institution. Ellis v. University of Kansas Medical Center, 163 F.3d 1186, 1195 (1998). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026