Full Text of Bill No. 2098

HB 2098--Am. by SCW
=================================================================================
[As Amended by Senate Committee of the Whole] =================================================================================
As Further Amended by Senate Committee =================================================================================
As Amended by Senate Committee =================================================================================
[As Amended by House Committee of the Whole] =================================================================================
As Amended by House Committee =================================================================================
Session of 1997
HOUSE BILL No. 2098 By Representatives Aurand and Jennison and Hayzlett, Mollenkamp, Neufeld and Shore 1-27

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18  AN ACT concerning school districts; authorizing the adoption of local
19    option budgets and providing a procedure for authorization to
20    increase such budgets; relating to enrollment therein of nonresident
21    pupils under certain circumstances; relating to and the provision of
22    transportation of for such pupils to and from school; amending K.S.A.
23    72-8303 and 72-8309,  and K.S.A. 1996 Supp. 72-6433 and 72-8302
24    and repealing the existing sections; also repealing K.S.A. 1996 Supp.
25    72-6433a.
26
27  Be it enacted by the Legislature of the State of Kansas:
28    Section 1.  K.S.A. 1996 Supp. 72-6433 is hereby amended to
29  read as follows: 72-6433. (a) (1) The board of any district may adopt
30  a local option budget in each school year, commencing with the 1997-98
31  school year, in an amount not to exceed an amount equal to the district
32  prescribed percentage of the amount of state financial aid determined for
33  the district in the school year. As used in this provision the term district
34  prescribed percentage means:
35    (A)  For any district that was authorized to adopt and that adopted a
36  local option budget in the 1996-97 school year and to which the provisions
37  of section 2, and amendments thereto, do not apply in the current school
38  year, a percentage in each school year that is equal to the percentage
39  specified in the resolution under which the district was authorized to
40  adopt a local option budget in the 1996-97 school year;
41    (B)  for any district that was authorized to adopt and that adopted a
42  local option budget in the 1996-97 school year and to which the provisions
HB 2098--Am. by SCW


 1  of section 2, and amendments thereto, apply in the current school year,
 2  a percentage in the 1997-98 school year that is equal to the sum of the
 3  percentage of the amount of state financial aid the district was authorized
 4  to budget in the preceding school year and 20% of the percentage com-
 5  puted for the district by the state board under the provisions of section
 6  2, and amendments thereto, a percentage in the 1998-99 school year that
 7  is equal to the sum of the percentage of the amount of state financial aid
 8  the district was authorized to budget in the preceding school year and
 9  40% of the percentage computed for the district by the state board under
10  the provisions of section 2, and amendments thereto, a percentage in the
11  1999-2000 school year that is equal to the sum of the percentage of the
12  amount of state financial aid the district was authorized to budget in the
13  preceding school year and 60% of the percentage computed for the district
14  by the state board under the provisions of section 2, and amendments
15  thereto, a percentage in the 2000-01 school year that is equal to the sum
16  of the percentage of the amount of state financial aid the district was
17  authorized to budget in the preceding school year and 80% of the per-
18  centage computed for the district by the state board under the provisions
19  of section 2, and amendments thereto, a percentage in the 2001-02 school
20  year and each school year thereafter that is equal to the sum of the per-
21  centage of the amount of state financial aid the district was authorized to
22  budget in the preceding school year and the percentage computed for the
23  district by the state board under the provisions of section 2, and amend-
24  ments thereto;
25    (C)  for any district that was not authorized to adopt a local option
26  budget in the 1996-97 school year and to which the provisions of section
27  2, and amendments thereto, apply in the current school year, a percentage
28  in the 1997-98 school year that is equal to 20% of the percentage com-
29  puted for the district by the state board under the provisions of section
30  2, and amendments thereto, a percentage in the 1998-99 school year that
31  is equal to the sum of the percentage of the amount of state financial aid
32  the district was authorized to budget in the preceding school year and
33  40% of the percentage computed for the district by the state board under
34  the provisions of section 2, and amendments thereto, a percentage in the
35  1999-2000 school year that is equal to the sum of the percentage of the
36  amount of state financial aid the district was authorized to budget in the
37  preceding school year and 60% of the percentage computed for the district
38  by the state board under the provisions of section 2, and amendments
39  thereto, a percentage in the 2000-01 school year that is equal to the sum
40  of the percentage of the amount of state financial aid the district was
41  authorized to budget in the preceding school year and 80% of the per-
42  centage computed for the district by the state board under the provisions
43  of section 2, and amendments thereto, a percentage in the 2001-02 school
HB 2098--Am. by SCW


 1  year and each school year thereafter that is equal to the sum of the per-
 2  centage of the amount of state financial aid the district was authorized to
 3  budget in the preceding school year and the percentage computed for the
 4  district by the state board under the provisions of section 2, and amend-
 5  ments thereto;
 6    (D)  for any district to which the provisions of section 2, and amend-
 7  ments thereto, applied in the 1997-98 school year and to which the pro-
 8  visions of section 2, and amendments thereto, do not apply in the current
 9  school year, commencing with the 1998-99 school year, because an in-
10  crease in the amount budgeted by the district in its local option budget
11  as authorized by a resolution adopted under the provisions of subsection
12    (b) causes the actual amount per pupil budgeted by the district in the
13  preceding school year as determined for the district under provision (1)
14  of subsection (a) of section 2, and amendments thereto, to equal or exceed
15  the average amount per pupil of general fund budgets and local option
16  budgets computed by the state board under whichever of the provisions
17    (7) through (10) of subsection (a) of section 2, and amendments thereto,
18  is applicable to the district's enrollment group, a percentage that is equal
19  to the percentage of the amount of state financial aid the district was
20  authorized to budget in the preceding school year if the resolution au-
21  thorized the district to increase its local option budget on a continuous
22  and permanent basis. If the resolution that authorized the district to in-
23  crease its local option budget specified a definite period of time for which
24  the district would retain its authority to increase the local option budget
25  and such authority lapses at the conclusion of such period and is not
26  renewed, the term district prescribed percentage means a percentage that
27  is equal to the percentage of the amount of state financial aid the district
28  was authorized to budget in the preceding school year less the percentage
29  of increase that was authorized by the resolution unless the loss of the
30  percentage of increase that was authorized by the resolution would cause
31  the actual amount per pupil budgeted by the district to be less than the
32  average amount per pupil of general fund budgets and local option budg-
33  ets computed by the state board under whichever of the provisions (7)
34  through (10) of subsection (a) of section 2, and amendments thereto, is
35  applicable to the district's enrollment group, in which case, the term dis-
36  trict prescribed percentage means a percentage that is equal to the per-
37  centage of the amount of state financial aid the district was authorized to
38  budget in the preceding school year less the percentage of increase that
39  was authorized by the resolution plus a percentage which shall be com-
40  puted for the district by the state board in accordance with the provisions
41  of section 2, and amendments thereto, except that, in making the deter-
42  mination of the actual amount per pupil budgeted by the district in the
43  preceding school year, the state board shall exclude the percentage of
HB 2098--Am. by SCW

1 increase that was authorized by the resolution.
2 (2) The [(A) Subject to the provisions of subpart (B), the] adop-
3 tion of a local option budget under authority of this subsection shall re-
4 quire a majority vote of the members of the board and shall require no
5 other procedure, authorization or approval.
6 [(B) In lieu of utilizing the authority granted by subpart (A) for
7 adoption of a local option budget, the board of a district may pass
8 a resolution authorizing adoption of such a budget and publish such
9 resolution once in a newspaper having general circulation in the
10 district. The resolution shall be published in substantial compliance
11 with the following form:
12 [Unified School District No. ____________,
13 [____________ County,
Kansas.
14 [RESOLUTION
15 [Be It Resolved that:
16 [The board of education of the above-named school district shall be authorized to
17 adopt a local option budget in each school year for a period of time not to exceed
18 ______ years in an amount not to exceed ______% of the amount of state financial
19 aid determined for the current school year. The local option budget authorized by
20 this resolution may be adopted, unless a petition in opposition to the same, signed
21 by not less than 5% of the qualified electors of the school district, is filed with the
22 county election officer of the home county of the school district within 30 days after
23 publication of this resolution. In the event a petition is filed, the county election
24 officer shall submit the question of whether adoption of the local option budget shall
25 be authorized to the electors of the school district at an election called for the purpose
26 or at the next general election, as is specified by the board of education of the school
27 district.
28 [CERTIFICATE
29 [This is to certify that the above resolution was duly adopted by the board of
30 education of Unified School District No. ______, ____________ County, Kansas, on
31 the ______ day of ____________, 19___.
32
[______________________________
33 [Clerk of the board of
education.
34 [All of the blanks in the resolution shall be appropriately filled.
35 The blank preceding the word ``years'' shall be filled with a specific
36 number, and the blank preceding the percentage symbol shall be
37 filled with a specific number. No word shall be inserted in either of
38 the blanks. The percentage specified in the resolution shall not ex-
39 ceed the district prescribed percentage. The resolution shall be pub-
40 lished once in a newspaper having general circulation in the school
41 district. If no petition as specified above is filed in accordance with
42 the provisions of the resolution, the board may adopt a local option
43 budget. If a petition is filed as provided in the resolution, the board
HB 2098--Am. by SCW


 1  may notify the county election officer of the date of an election to
 2  be held to submit the question of whether adoption of a local option
 3  budget shall be authorized. If the board fails to notify the county
 4  election officer within 30 days after a petition is filed, the resolution
 5  shall be deemed abandoned and no like resolution shall be adopted
 6  by the board within the nine months following publication of the
 7  resolution. If any district is authorized to adopt a local option
 8  budget, but the board of such district chooses, in any year, not to
 9  adopt such a budget, or chooses to adopt such budget in an amount
10  less than the amount of the district prescribed percentage of the
11  amount of state financial aid in any school year, such board of ed-
12  ucation may do so. If the board of any district refrains from adopt-
13  ing a local option budget in any one or more school years or refrains
14  from budgeting the total amount authorized for any one or more
15  school years, the authority of such district to adopt a local option
16  budget shall not thereby be extended beyond the original period
17  specified in the resolution authorizing adoption of such budget, nor
18  shall the amount authorized to be budgeted in any succeeding
19  school year be increased thereby. Whenever an initial resolution
20  has been adopted under this subsection, and such resolution spec-
21  ified a lesser percentage than the district prescribed percentage, the
22  board of the district may adopt one or more subsequent resolutions
23  under the same procedure as provided for the initial resolution and
24  subject to the same conditions, and shall be authorized to increase
25  the percentage as specified in any such subsequent resolution for
26  the remainder of the period of time specified in the initial resolution.
27  Any percentage specified in a subsequent resolution or in subse-
28  quent resolutions shall be limited so that the sum of the percentage
29  authorized in the initial resolution and the percentage authorized
30  in the subsequent resolution or in subsequent resolutions is not in
31  excess of the district prescribed percentage in any school year. The
32  board of any district that has adopted a local option budget under
33  authority of provision (2)(A) and levied a tax under authority of
34  K.S.A. 72-6435, and amendments thereto, may initiate, at any time
35  after the final levy is certified to the county clerk under any current
36  authorization, procedures to renew its authority to adopt a local
37  option budget in the manner specified in provision (2) of this sub-
38  section. As used in this subpart, the term ``authorized to adopt a
39  local option budget'' means that a district has adopted a resolution
40  under this subpart, has published the same, and either that the res-
41  olution was not protested or that it was protested and an election
42  was held by which the adoption of a local option budget was ap-
43  proved.]
HB 2098--Am. by SCW


 1    (3)  The provisions of this subsection are subject to the provisions of
 2  subsections (b) and (c).
 3    (b) (1)  The board of any district may adopt that adopts a local
 4  option budget under subsection (a) may increase the amount of such
 5  budget in each school year for a period of time not to exceed four school
 6  years, commencing with the 1997-98 school year, in an amount which
 7  together with the percentage of the amount of state financial aid budgeted
 8  under subsection (a) does not to exceed the state prescribed percent-
 9  age of the amount of state financial aid determined for the district
10  in the school year if the board of the district determines that adop-
11  tion of an increase in such a budget would be in the best interests of
12  the district.
13    (2)  No district may adopt increase a local option budget under
14  authority of this subsection until a[: (A) A] resolution authorizing
15  adoption of such a budget an increase is passed by the board and
16  published once in a newspaper having general circulation in the
17  district[; or (B) the question of whether the board shall be author-
18  ized to increase the local option budget has been submitted to and
19  approved by the qualified electors of the district at a special election
20  called for the purpose. Any such election shall be noticed, called
21  and held in the manner provided by K.S.A. 10-120, and amendments
22  thereto, for the noticing, calling and holding of elections upon the
23  question of issuing bonds under the general bond law. The notice
24  of such election shall state the purpose for and time of the election,
25  and the ballot shall be designed with the question of whether the
26  board of education of the district shall be continuously and per-
27  manently authorized to increase the local option budget of the dis-
28  trict in each school year by a percentage which together with the
29  percentage of the amount of state financial aid budgeted under sub-
30  section (a) does not exceed the state prescribed percentage in any
31  school year. If a majority of the qualified electors voting at the
32  election approve authorization of the board to increase the local
33  option budget, the board shall have such authority. If a majority of
34  the qualified electors voting at the election are opposed to author-
35  ization of the board to increase the local option budget, the board
36  shall not have such authority and no like question shall be submit-
37  ted to the qualified electors of the district within the nine months
38  following the election]. The resolution shall be published in substantial
39  compliance with the following form:
40  Unified School District No. ____________,
41                                                                                              ____________ County,
     Kansas.
42                                                         RESOLUTION
43  Be It Resolved that:
HB 2098--Am. by SCW


 1    The board of education of the above-named school district shall be authorized to adopt
 2  a local option budget in each school year for a period of time not to exceed ______ years
 3  in an amount not to exceed ______% of the amount of state financial aid determined for
 4  the current school year. The local option budget authorized by this resolution may be
 5  adopted, unless a petition in opposition to the same, signed by not less than 5% of the
 6  qualified electors of the school district, is filed with the county election officer of the home
 7  county of the school district within 30 days after publication of this resolution. In the event
 8  a petition is filed, the county election officer shall submit the question of whether adoption
 9  of the local option budget shall be authorized to the electors of the school district at an
10  election called for the purpose or at the next general election, as is specified by the board
11  of education of the school district.
12                                                        CERTIFICATE
13    This is to certify that the above resolution was duly adopted by the board of education of
14  Unified School District No. ______, ____________ County, Kansas, on the ______ day of
15  ____________, 19___.
16
     ______________________________
17                                                                                          Clerk of the board of
     education.
18    All of the blanks in the resolution shall be appropriately filled. The blank preceding the
19  word ``years'' shall be filled with a specific number, not to exceed the number 4, and the
20  blank preceding the percentage symbol shall be filled with a specific number. No word shall
21  be inserted in either of the blanks. The percentage specified in the resolution shall not
22  exceed the state prescribed percentage. The
23    (3) (A)  Subject to the provisions of subpart (B), a resolution author-
24  izing an increase in the local option budget of a district shall state that
25  the board of education of the district shall be authorized to increase the
26  local option budget of the district in each school year in an amount not
27  to exceed ______% of the amount of state financial aid determined for the
28  current school year and that the percentage of increase may be reduced
29  so that the sum of the percentage of the amount of state financial aid
30  budgeted under subsection (a) and the percentage of increase specified in
31  the resolution does not exceed the state prescribed percentage in any
32  school year. The blank preceding the percentage symbol shall be filled
33  with a specific number. No word shall be inserted in the blank. The res-
34  olution shall specify a definite period of time for which the board shall be
35  authorized to increase the local option budget and such period of time
36  shall be expressed by the specific number of school years for which the
37  board shall retain its authority to increase the local option budget. No
38  word shall be used to express the number of years for which the board
39  shall be authorized to increase the local option budget.
40    (B)  In lieu of the requirements of subpart (A) and at the discretion of
41  the board, a resolution authorizing an increase in the local option budget
42  of a district may state that the board of education of the district shall be
43  continuously and permanently authorized to increase the local option
HB 2098--Am. by SCW


 1  budget of the district in each school year by a percentage which together
 2  with the percentage of the amount of state financial aid budgeted under
 3  subsection (a) does not exceed the state prescribed percentage in any
 4  school year.
 5    (4)  A resolution authorizing an increase in the local option budget
 6  of a district shall be published once in a newspaper having general cir-
 7  culation in the school district state that the amount of the local option
 8  budget may be increased as authorized by the resolution unless a petition
 9  in opposition to such increase, signed by not less than 5% of the qualified
10  electors of the school district, is filed with the county election officer of
11  the home county of the school district within 30 days after publication.
12  If no petition as specified above is filed in accordance with the pro-
13  visions of the resolution, the board may adopt a is authorized to in-
14  crease the local option budget of the district. If a petition is filed as
15  provided in the resolution, the board may notify the county election
16  officer of the date of an election to be held to submit the question
17  of whether adoption of a the board shall be authorized to increase the
18  local option budget shall be authorized of the district. If the board fails
19  to notify the county election officer within 30 days after a petition
20  is filed, the resolution shall be deemed abandoned and no like res-
21  olution shall be adopted by the board within the nine months fol-
22  lowing publication of the resolution.
23    (5)  The requirements of provision (2) do not apply to any district that
24  is continuously and permanently authorized to increase the local option
25  budget of the district. An increase in the amount of a local option budget
26  by such a district shall require a majority vote of the members of the
27  board and shall require no other procedure, authorization or approval.
28    (2) (6)  If any district is authorized to adopt increase a local option
29  budget, but the board of such district chooses, in any school year,
30  not to adopt or increase such a budget, or chooses, in any school year,
31  to adopt or increase such budget in an amount less than the amount
32  of the district prescribed percentage of the amount of state financial aid
33  in any school year authorized, such board of education may do so
34  choose. If the board of any district refrains from adopting or increas-
35  ing a local option budget in any one or more school years or refrains
36  from budgeting the total amount authorized for any one or more
37  school years, the authority of such district to adopt a local option budget
38  shall not thereby be extended beyond the original period specified in the
39  resolution authorizing adoption of such budget, nor shall the amount
40  authorized to be budgeted in any succeeding school year shall not
41  be increased thereby by such refrainment, nor shall the authority of the
42  district to increase its local option budget be extended by such refrainment
43  beyond the period of time specified in the resolution authorizing an in-
HB 2098--Am. by SCW


 1  crease in the local option budget if the resolution specified such a period
 2  of time.
 3    (3) (7)  Whenever an initial resolution has been adopted under
 4  this subsection, and such resolution specified a lesser percentage
 5  which together with the percentage of the amount of state financial aid
 6  budgeted under subsection (a) is less than the state prescribed per-
 7  centage, the board of the district may adopt one or more subsequent
 8  resolutions under the same procedure as provided for the initial
 9  resolution and subject to the same conditions, and shall be authorized
10  to increase the percentage as specified in any such subsequent res-
11  olution for. If the initial resolution specified a definite period of time for
12  which the district is authorized to increase its local option budget, the
13  authority to increase such budget by the percentage specified in any sub-
14  sequent resolution shall be limited to the remainder of the period of
15  time specified in the initial resolution. Any percentage specified in
16  a subsequent resolution or in subsequent resolutions shall be lim-
17  ited so that the sum of the percentage authorized in the initial res-
18  olution and the percentage authorized in the subsequent resolution
19  or in subsequent resolutions together with the percentage of the amount
20  of state financial aid budgeted under subsection (a) is not in excess of
21  the state prescribed percentage in any school year.
22    (4) (8) (A)  Subject to the provisions of subpart (B), the board of any
23  district that has adopted a local option budget under subsection (a),
24  has been authorized to increase such budget under a resolution which
25  specified a definite period of time for retention of such authorization, and
26  has levied a tax under authority of K.S.A. 72-6435, and amendments
27  thereto, may initiate, at any time after the final levy is certified to
28  the county clerk under any current authorization, procedures to
29  renew its the authority to adopt a increase the local option budget
30  subject to the conditions and in the manner specified in provision (1)
31  provisions (2) and (3) of this subsection and, at four-year intervals there-
32  after, may in like manner and subject to like conditions renew such au-
33  thorization for successive four-year periods.
34    (B)  The provisions of subpart (A) do not apply to the board of any
35  district that is continuously and permanently authorized to increase the
36  local option budget of the district.
37    (5) (9)  As used in this subsection:
38    (A)  ``Authorized to adopt increase a local option budget'' means
39  [either that a district has held a special election under provision
40    (2)(B) by which authority of the board to increase a local option
41  budget was approved; or] that a district has adopted a resolution
42  under this subsection, has published the same, and either that the
43  resolution was not protested or that it was protested and an election
HB 2098--Am. by SCW


 1  was held by which the adoption of authority of the board to increase a
 2  local option budget was approved.
 3    (B)  ``District prescribed percentage'' means the percentage specified
 4  in a resolution under which a district is authorized to adopt a local option
 5  budget. No such percentage shall exceed the state prescribed percentage.
 6    (C)  ``State prescribed percentage'' means 25%.
 7    (b) (1)  The board of any district to which the provisions of this sub-
 8  section apply may adopt a local option budget in the 1997-98 school year
 9  if the board of the district determines that adoption of such a budget
10  would be in the best interests of the district. The adoption of a local option
11  budget in the 1997-98 school year under authority of this subsection shall
12  require a majority vote of the members of the board and shall require no
13  other procedure, authorization or approval. The provisions of this sub-
14  section apply to any district that is authorized to adopt and that adopts a
15  local option budget in the 1996-97 school year and, in order to be au-
16  thorized to adopt a local option budget in the 1997-98 school year, would
17  be required by operation of this section prior to its amendment by this
18  act to initiate procedures to renew its authority to adopt a local option
19  budget, subject to the conditions and in the manner specified in subsec-
20  tion (a), after certifying to the county clerk the levy of a tax for the purpose
21  of financing all or a portion of the local option budget adopted in the
22  1996-97 school year.
23    (2)  The amount of a local option budget adopted by the board of a
24  district in the 1997-98 school year under authority of this subsection shall
25  not exceed an amount equal to the district prescribed percentage of the
26  amount of state financial aid determined for the district in the school
27  year. For the purposes of this provision, the term district prescribed per-
28  centage means the percentage specified in the resolution under which a
29  district is authorized to adopt a local option budget in the 1996-97 school
30  year.
31    (3)  To the extent the provisions of subsection (a) conflict with this
32  subsection, the provisions of this subsection shall control.
33    (4)  The provisions of this subsection shall expire on June 30, 1998.
34    (c)  To the extent the provisions of the foregoing subsections conflict
35  with this subsection, this subsection shall control. Any district that is au-
36  thorized to adopt a local option budget in the 1997-98 school year under
37  a resolution which authorized the adoption of such budget in accordance
38  with the provisions of this section prior to its amendment by this act may
39  continue to operate under such resolution for the period of time specified
40  in the resolution or may abandon the resolution and operate under the
41  provisions of this section as amended by this act. Any such district shall
42  operate under the provisions of this section as amended by this act after
43  the period of time specified in the resolution has expired.
HB 2098--Am. by SCW


 1    (b) (d)(1)  There is hereby established in every district that
 2  adopts a local option budget a fund which shall be called the sup-
 3  plemental general fund. The fund shall consist of all amounts de-
 4  posited therein or credited thereto according to law.
 5    (2)  Subject to the limitation imposed under provision (3), amounts
 6  in the supplemental general fund may be expended for any purpose
 7  for which expenditures from the general fund are authorized or may
 8  be transferred to the general fund of the district or to any program
 9  weighted fund or categorical fund of the district.
10    (3)  Amounts in the supplemental general fund may not be expended
11  nor transferred to the general fund of the district for the purpose of mak-
12  ing payments under any lease-purchase agreement involving the acqui-
13  sition of land or buildings which is entered into pursuant to the provisions
14  of K.S.A. 72-8225, and amendments thereto.
15    (4)  Any unexpended and unencumbered cash balance remaining
16  in the supplemental general fund of a district at the conclusion of
17  any school year in which a local option budget is adopted shall be
18  disposed of as provided in this subsection. If the district did not
19  receive supplemental general state aid in the school year and the
20  board of the district is authorized determines that it will be necessary to
21  adopt a local option budget in the ensuing school year, the total
22  amount of the cash balance remaining in the supplemental general
23  fund shall be maintained in such fund or transferred to the general
24  fund of the district. If the board of such a district is determines that
25  it will not authorized be necessary to adopt a local option budget in
26  the ensuing school year, the total amount of the cash balance re-
27  maining in the supplemental general fund shall be transferred to
28  the general fund of the district. If the district received supplemental
29  general state aid in the school year, transferred or expended the
30  entire amount budgeted in the local option budget for the school
31  year, and is authorized determines that it will be necessary to adopt a
32  local option budget in the ensuing school year, the total amount of
33  the cash balance remaining in the supplemental general fund shall
34  be maintained in such fund or transferred to the general fund of the
35  district. If such a district is determines that it will not authorized be
36  necessary to adopt a local option budget in the ensuing school year,
37  the total amount of the cash balance remaining in the supplemental
38  general fund shall be transferred to the general fund of the district.
39  If the district received supplemental general state aid in the school
40  year, did not transfer or expend the entire amount budgeted in the
41  local option budget for the school year, and is determines that it will
42  not authorized be necessary to adopt a local option budget in the
43  ensuing school year, the total amount of the cash balance remaining
HB 2098--Am. by SCW


 1  in the supplemental general fund shall be transferred to the general
 2  fund of the district. If the district received supplemental general
 3  state aid in the school year, did not transfer or expend the entire
 4  amount budgeted in the local option budget for the school year, and
 5  is authorized determines that it will be necessary to adopt a local option
 6  budget in the ensuing school year, the state board shall determine
 7  the ratio of the amount of supplemental general state aid received
 8  to the amount of the local option budget of the district for the school
 9  year and multiply the total amount of the cash balance remaining
10  in the supplemental general fund by such ratio. An amount equal
11  to the amount of the product shall be transferred to the general fund
12  of the district. The amount remaining in the supplemental general
13  fund may be maintained in such fund or transferred to the general
14  fund of the district.
15    New Sec. 2.  (a) In each school year, commencing with the 1997-
16  98 school year, the state board shall compute a district prescribed
17  percentage for the purpose of determining the amount of a local
18  option budget the board of a district to which the provisions of this
19  section apply may adopt for the school year. The district prescribed
20  percentage for each district to which the provisions of this section
21  apply shall be computed by the state board as provided in this sec-
22  tion. The state board shall:
23    (1)  Determine the actual amount per pupil for the preceding
24  school year of the general fund budget and the local option budget,
25  if any, of each district;
26    (2)  compute the average amount per pupil for the preceding
27  school year of general fund budgets and local option budgets of
28  districts with 75-125 enrollment in such school year;
29    (3)  compute the average amount per pupil for the preceding
30  school year of general fund budgets and local option budgets of
31  districts with 200-399 enrollment in such school year;
32    (4)  compute the average amount per pupil for the preceding
33  school year of general fund budgets and local option budgets of
34  districts with 1,800 or over enrollment in such school year;
35    (5)  compute an average amount per pupil for the preceding
36  school year of general fund budgets and local option budgets of
37  districts with 100-299.9 enrollment in such school year by prepar-
38  ing a schedule based upon an accepted mathematical formula and
39  deriving an amount for each such district from a linear transition
40  between the average amount per pupil computed under (2) and the
41  average amount per pupil computed under (3);
42    (6)  compute an average amount per pupil for the preceding
43  school year of general fund budgets and local option budgets of
HB 2098--Am. by SCW


 1  districts with 300-1,799.9 enrollment in such school year by pre-
 2  paring a schedule based upon an accepted mathematical formula
 3  and deriving an amount for each such district from a linear tran-
 4  sition between the average amount per pupil computed under (3)
 5  and the average amount per pupil computed under (4);
 6    (7)  for districts with 0-99.9 enrollment, compare the amount de-
 7  termined for the district under (1) to the average amount computed
 8  under (2). If the amount determined under (1) is equal to or greater
 9  than the average amount computed under (2), the provisions of this
10  section do not apply to the district. If the amount determined under
11    (1) is less than the average amount computed under (2), subtract
12  the amount determined under (1) from the amount computed under
13    (2), multiply the remainder by enrollment of the district in the pre-
14  ceding school year, and divide the product by the amount of state
15  financial aid determined for the district in the preceding school
16  year. The quotient is the district prescribed percentage of the dis-
17  trict;
18    (8)  for districts with 100-299.9 enrollment, compare the amount
19  determined for the district under (1) to the average amount com-
20  puted under (5). If the amount determined under (1) is equal to or
21  greater than the average amount computed under (5), the provisions
22  of this section do not apply to the district. If the amount determined
23  under (1) is less than the average amount computed under (5), sub-
24  tract the amount determined under (1) from the amount computed
25  under (5), multiply the remainder by enrollment of the district in
26  the preceding school year, and divide the product by the amount of
27  state financial aid determined for the district in the preceding
28  school year. The quotient is the district prescribed percentage of
29  the district;
30    (9)  for districts with 300-1,799.9 enrollment, compare the
31  amount determined for the district under (1) to the average amount
32  computed under (6). If the amount determined under (1) is equal
33  to or greater than the average amount computed under (6), the pro-
34  visions of this section do not apply to the district. If the amount
35  determined under (1) is less than the average amount computed
36  under (6), subtract the amount determined under (1) from the
37  amount computed under (6), multiply the remainder by enrollment
38  of the district in the preceding school year, and divide the product
39  by the amount of state financial aid determined for the district in
40  the preceding school year. The quotient is the district prescribed
41  percentage of the district;
42    (10)  for districts with 1,800 or over enrollment, compare the
43  amount determined for the district under (1) to the average amount
HB 2098--Am. by SCW


 1  computed under (4). If the amount determined under (1) is equal
 2  to or greater than the average amount computed under (4), the pro-
 3  visions of this section do not apply to the district. If the amount
 4  determined under (1) is less than the average amount computed
 5  under (4), subtract the amount determined under (1) from the
 6  amount computed under (4), multiply the remainder by enrollment
 7  of the district in the preceding school year, and divide the product
 8  by the amount of state financial aid determined for the district in
 9  the preceding school year. The quotient is the district prescribed
10  percentage of the district.
11    (b)  The provisions of this section apply to any district that
12  budgeted an amount per pupil in the preceding school year, as de-
13  termined under provision (1) of subsection (a), that was less than
14  the average amount per pupil of general fund budgets and local
15  option budgets computed by the state board under whichever of the
16  provisions (7) through (10) of subsection (a) is applicable to the
17  districts [district's] enrollment group.
18    New Section 1 Sec. 3.  (a) As used in this section:
19    (1)  ``School district'' means a school district organized and op-
20  erating under the laws of this state and no part of which is located
21  in Johnson county, Sedgwick county, Shawnee county, or Wyan-
22  dotte county.
23    (1) (2)  ``Receiving school district'' means a school district of nonres-
24  idence of a pupil who is enrolled and in attendance at school in such
25  school district.
26    (2) (3)  ``Sending school district'' means a school district of residence
27  of a pupil who is enrolled and in attendance at school in a school district
28  not of the pupil's residence.
29    (b)  The parent or legal guardian of a pupil authorized or required to
30  attend kindergarten or any of grades one through 12 may apply to the
31  board of education of a proposed sending school district on or before July
32  15 of the current school year for authority for such pupil to attend school
33  in a receiving school district and to be furnished or provided trans-
34  portation to school from the pupil's residence and from school to
35  the pupil's residence by the receiving school district [if the pupil
36  lives 10 or more miles from the attendance center the pupil would
37  attend in the proposed sending school district and nearer to an
38  appropriate attendance center in the proposed receiving school
39  district]. The application shall be made upon forms prescribed by the
40  state board of education and shall state, among other things, whether any
41  of the following conditions exist: (1) The pupil lives 10 or more miles
42  from the attendance center the pupil would attend in the proposed send-
43  ing school district and nearer to an appropriate attendance center in the
HB 2098--Am. by SCW


 1  proposed receiving school district; (2) natural barriers such as rivers and
 2  lakes produce transportation difficulties within the proposed sending
 3  school district; (3) road conditions are clearly better to an attendance
 4  center in the proposed receiving school district; (4) the travel time is
 5  markedly less to an attendance center in the proposed receiving school
 6  district.
 7    (c)  Upon receiving any application under this section, the board of
 8  education of the proposed sending school district shall inquire of the
 9  proposed receiving school district whether it is willing to receive and
10  furnish or provide transportation for the pupil named in the appli-
11  cation. If the board of education of the proposed sending school district
12  determines that the proposed receiving school district is willing to receive
13  and furnish or provide transportation for the pupil and the board of
14  education of the proposed sending school district and the board of
15  education of the proposed receiving school district agree that en-
16  rollment and attendance of the pupil at school in the proposed receiving
17  school district is justified the condition specified in subsection (b) ex-
18  ists, the board may of the proposed sending school district shall issue
19  its order authorizing such enrollment and attendance of the pupil at
20  school in the proposed receiving school district. If the board of ed-
21  ucation of the proposed sending school district refuses to issue its order
22  authorizing such enrollment and attendance, the parent or legal guardian
23  of the affected pupil may appeal such decision to the state board of ed-
24  ucation and the state board shall make conclusive determination of the
25  matter and shall issue its order either approving or denying such enroll-
26  ment and attendance. An order issued by a board of education or the
27  state board of education in accordance with the provisions of this section
28  shall operate so as to constitute consent of the board of education of the
29  sending school district to the furnishing or provision of transportation by
30  the receiving school district for the affected pupil to school from the
31  pupil's residence and to the pupil's residence from school.
32    (d)  Except as otherwise provided in this act, pupils Pupils attending
33  school in a receiving school district under an order issued by a board of
34  education or the state board of education in accordance with the provi-
35  sions of this section shall be counted as regularly enrolled in and attending
36  school in the receiving school district for the purpose of computations,
37  except computation of transportation weighting, under the school district
38  finance and quality performance act and for the purposes of the statutory
39  provisions contained in article 83 of chapter 72 of Kansas Statutes An-
40  notated. No such pupil shall be charged for the costs of attendance at
41  school in a receiving school district.
42    (e)  The provisions of this section shall expire on July 1, 1999.
43    Sec. 2 4.  K.S.A. 1996 Supp. 72-8302 is hereby amended to read as
HB 2098--Am. by SCW


 1  follows: 72-8302. (a) The board of education of a school district may
 2  provide or furnish transportation for pupils who reside are enrolled in the
 3  school district to or from any school of the school district or to or from
 4  any school of another school district attended by such pupils in accor-
 5  dance with the provisions of an agreement entered into under authority
 6  of K.S.A. 72-8233, and amendments thereto.
 7    (b) (1)  When any or all of the conditions specified in this provision
 8  exist, the board of education of a school district shall provide or furnish
 9  transportation for pupils who reside in the school district and who attend
10  any school of the school district or who attend any school of another
11  school district in accordance with the provisions of an agreement entered
12  into under authority of K.S.A. 72-8233, and amendments thereto. The
13  conditions which apply to the requirements of this provision are as fol-
14  lows:
15    (A)  The residence of the pupil is inside or outside the corporate limits
16  of a city, the school building attended is outside the corporate limits of a
17  city and the school building attended is more than 2 1/2 miles by the usually
18  traveled road from the residence of the pupil; or
19    (B)  the residence of the pupil is outside the corporate limits of a city,
20  the school building attended is inside the corporate limits of a city and
21  the school building attended is more than 2 1/2 miles by the usually traveled
22  road from the residence of the pupil; or
23    (C)  the residence of the pupil is inside the corporate limits of one
24  city, the school building attended is inside the corporate limits of a dif-
25  ferent city and the school building attended is more than 2 1/2 miles by
26  the usually traveled road from the residence of the pupil.
27    (2)  The provisions of this subsection are subject to the provisions of
28  subsections (c) and (d).
29    (c)  The board of education of every school district is authorized to
30  adopt rules and regulations to govern the conduct, control and discipline
31  of all pupils while being transported in school buses. The board may
32  suspend or revoke the transportation privilege or entitlement of any pupil
33  who violates any rules and regulations adopted by the board under au-
34  thority of this subsection.
35    (d)  The board of education of every school district may suspend or
36  revoke the transportation privilege or entitlement of any pupil who is
37  detained at school at the conclusion of the school day for violation of any
38  rules and regulations governing pupil conduct or for disobedience of an
39  order of a teacher or other school authority. Suspension or revocation of
40  the transportation privilege or entitlement of any pupil specified in this
41  subsection shall be limited to the school day or days on which the pupil
42  is detained at school. The provisions of this subsection do not apply to
43  any pupil who has been determined to be an exceptional child, except
HB 2098--Am. by SCW


 1  gifted children, under the provisions of the special education for excep-
 2  tional children act.
 3    Sec. 3 5.  K.S.A. 72-8303 is hereby amended to read as follows: 72-
 4  8303. (a) The board of education of a school district may prescribe the
 5  regular school routes on which transportation of its students pupils is to
 6  be provided, and shall schedule the school bus and motor vehicle routes
 7  so that each student pupil entitled to transportation will be transported
 8  to and from school on every school day.
 9    (b)  For the purposes of this section, the term regular school route
10  means and includes any route arranged by the board of education for (1)
11  transportation of its pupils to and from the residence of such pupils in
12  another school district when such pupils are enrolled in the transporting
13  school district in accordance with an order issued by a board of education
14  or the state board of education under the provisions of section 1 3, and
15  amendments thereto, until expiration of such section on July 1, 1999;
16  and (2) transportation of its students pupils to and from any school at-
17  tended in another school district in accordance with the provisions of an
18  agreement entered into under authority of K.S.A. 72-8233, and amend-
19  ments thereto.
20    Sec. 4 6.  K.S.A. 72-8309 is hereby amended to read as follows: 72-
21  8309. (a) The board of education of a school district shall not furnish or
22  provide transportation for pupils or students who reside in another school
23  district except in accordance with the written consent of the board of
24  education of the school district in which such pupil or student resides, or
25  in accordance with consent constituted by operation of an order issued
26  by a board of education or the state board of education under the pro-
27  visions of section 1 3, and amendments thereto, until expiration of such
28  section on July 1, 1999, or in accordance with the provisions of an
29  agreement entered into under authority of K.S.A. 72-8233, and amend-
30  ments thereto.
31    (b)  A school district may transport a nonresident pupil or student if
32  such pupil or student boards the school bus within the boundaries or on
33  the boundary of the transporting school district. To the extent that the
34  provisions of this subsection conflict with the provisions of an agreement
35  entered into under authority of K.S.A. 72-8233 and amendments thereto,
36  for the transportation of nonresident pupils or students to and from school
37  within the transporting school district subsection (a), the provisions of the
38  agreement subsection (a) shall control.
39    (c)  No pupil or student who is furnished or provided transportation
40  by a school district which is not the school district in which the pupil or
41  student resides shall be counted in the computation of the school district's
42  state transportation aid weighting under article 70 64 of chapter 72 of
43  Kansas Statutes Annotated.
HB 2098--Am. by SCW


 1    Sec. 5 7.  K.S.A. 72-8303 and 72-8309 and K.S.A. 1996 Supp. 72-
 2  6433, 72-6433a and 72-8302 are hereby repealed.
 3    Sec. 6 8.  This act shall take effect and be in force from and after its
 4  publication in the statute book.