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 9  AN ACT concerning special education services for exceptional children;
10    relating to the provision thereof for gifted children; providing weight-
11    ing for gifted pupils under the school district finance and quality per-
12    formance act; amending K.S.A. 72-963, 72-966, 72-970 and 72-972 and
13    K.S.A. 1996 Supp. 72-978, as amended by section 120 of chapter 229
14    of the 1996 Session Laws of Kansas, and 72-6407 and repealing the
15    existing sections.
16
17  Be it enacted by the Legislature of the State of Kansas:
18    Section 1.  K.S.A. 72-963 is hereby amended to read as follows: 72-
19  963. The state board shall adopt, from time to time amend, and admin-
20  ister the state plan. The state plan shall be prepared in consultation with
21  the state advisory council for special education provided for in this act.
22  The state plan shall include a statement of the objectives of state super-
23  vision of special education services in school districts and state institu-
24  tions.
25    The state board may adopt rules and regulations for the administration
26  of the special education for exceptional children act and shall adopt rules
27  and regulations necessary to implement and give effect to the state plan.
28  Rules and regulations adopted by the state board to implement and give
29  effect to the state plan shall include the following:
30    (a)  Provisions for the establishment, maintenance and supervision of
31  special education services in school districts and state institutions.
32    (b)  Prescribed courses of study and curricula necessary to meet
33  requirements for approval of special education services.
34    (c)  Criteria for screening, diagnosis and certification of exceptional
35  children including physical, educational and psychological examinations.
36  No child from a home in which English is not the principal language may
37  be assigned to special education services for exceptional children until
38  such time that the child has been given, in the principal language used
39  in the home of the child, examinations reasonably related to the child's
40  cultural environment.
41    (d)  Definitions of the various categories of exceptionality.
42    (e)  Implementation dates of special education services for the various
43  categories of exceptionality.
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 1    (f)  Standards for special education services to be received by required
 2  or authorized for exceptional children in each of the several categories of
 3  exceptional children exceptionality.
 4    Rules and regulations adopted by the state board to implement and
 5  give effect to the state plan shall be incorporated by reference in the state
 6  plan.
 7    Sec. 2.  K.S.A. 72-966 is hereby amended to read as follows: 72-966.
 8    (a) The board of education of every school district shall provide special
 9  education services for all exceptional children, except gifted children, who
10  are residents of the school district.
11    (b)  The board of education of every school district may provide spe-
12  cial education services for all gifted children who are residents of the
13  school district.
14    (b) (c)  When an exceptional child, other than a gifted child, is ad-
15  mitted to a hospital, treatment center, or other health care institution, or
16  to a group boarding home or other care facility, and the institution or
17  facility is located outside the school district in which the child resides,
18  the district in which the institution or facility is located must contract with
19  the district in which a parent or person acting as parent of the child
20  resides, to provide special education or related services, if such services
21  are necessary for the child. Special education services required by spec-
22  ified in this subsection shall be provided pursuant to and in accordance
23  with a contract which shall be entered into between the board of edu-
24  cation of the school district of which the child is a resident and the board
25  of education of the school district in which the child is living. Each such
26  contract shall be subject to the provisions of subsection (a)(3) and sub-
27  section (c) of K.S.A. 72-967, and amendments thereto. Nothing in this
28  subsection shall be construed to limit or supersede or in any manner affect
29  or diminish the requirements of compliance by each school district with
30  the provisions of subsection (a), but shall operate as a comity of school
31  districts in assuring the provision of special education services for each
32  exceptional child in the state if such services are required to be provided
33  for the child.
34    (c)  Special education services required by this section shall meet stan-
35  dards and criteria set by the state board. The manner and time for im-
36  plementation in school districts of special education services designed
37  required for each of the various categories of exceptionality shall be des-
38  ignated by the state board in accordance with the state plan.
39    Sec. 3.  K.S.A. 72-970 is hereby amended to read as follows: 72-970.
40  Every state institution shall provide special education services for all ex-
41  ceptional children, except gifted children, who are housed and maintained
42  in the state institution and said every state institution may provide special
43  education services for gifted children who are housed and maintained in
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 1  the state institution. Special education services provided by a state insti-
 2  tution for exceptional children shall meet standards and criteria set by the
 3  state board in accordance with the state plan and shall be subject to
 4  approval by the state board. State institutions may contract with local
 5  school districts for special education services. Prior to the time any state
 6  institution enters into a contract with any school district the special ed-
 7  ucation services provided by such school district shall be approved by the
 8  state board.
 9    Sec. 4.  K.S.A. 72-972 is hereby amended to read as follows: 72-972.
10    (a) In accordance with rules and regulations which shall be adopted by
11  every agency, each child, or his or her the lawful custodian of the child,
12  shall be afforded the right to a hearing before the child shall be:
13    (1)  Excluded, reassigned or transferred from regular school classes
14  on the ground that he or she the child is an exceptional child and cannot
15  materially benefit therefrom;
16    (2)  placed in, transferred to or from, or denied placement in special
17  education services which are provided as required or as authorized by
18  this act.
19    (b)  A written notice of a proposal to take any of the actions described
20  in subsection (a) of this section shall be given to the lawful custodian of
21  the involved child. The notice shall be mailed or personally delivered to
22  the lawful custodian and shall: (1) Describe the proposed action; (2) state
23  the reasons for the proposed action; (3) inform the lawful custodian of
24  the right to consent to the proposed action in writing upon forms provided
25  by the agency, or to object to the proposed action, and to request, within
26  thirty (30) 30 days from the date on which the notice is received, a hearing
27  on the proposed action; (4) inform the lawful custodian of any free or
28  low-cost legal and other relevant services available in the area; and (5) be
29  written in the principal language of the lawful custodian of the child. If
30  the principal language of the lawful custodian of the child is not a written
31  language or if the lawful custodian of the child is unable to read and write,
32  the agency shall provide for the notice to be given orally or by other means
33  to the lawful custodian in his or her the principal language or other mode
34  of communication of the lawful custodian.
35    (c)  The lawful custodian of the involved child may revoke his or her
36  consent to the proposed action at any time and may request the hearing
37  provided for in this section.
38    (d)  If the lawful custodian of the involved child, unless the child is
39  considered to be a gifted child, does not consent, objects, or revokes con-
40  sent to the proposed action, and does not request the hearing provided
41  for in this section, the agency may provide for the hearing on its own
42  initiative. If the involved child is considered to be a gifted child and the
43  agency provides special education services for gifted children, only the
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 1  lawful custodian of the child may initiate, by request, the hearing provided
 2  for in this section and the agency may not take further action in the matter
 3  without the consent of the lawful custodian.
 4    Sec. 5.  K.S.A. 72-978, as amended by section 120 of chapter 229 of
 5  the 1996 Session Laws of Kansas, is hereby amended to read as follows:
 6  72-978. (a) (1) In each school year, in accordance with appropriations for
 7  special education services provided under this act, each school district
 8  which has provided special education services in compliance with the
 9  requirements of the state plan and the provisions of this act shall be
10  entitled to receive:
11    (A)  Reimbursement for actual travel allowances paid to special teach-
12  ers at not to exceed the rate specified under K.S.A. 75-3203, and amend-
13  ments thereto, for each mile actually traveled during the school year in
14  connection with duties in providing special education services for excep-
15  tional children; such reimbursement shall be computed by the state board
16  by ascertaining the actual travel allowances paid to special teachers by
17  the school district for the school year and shall be in an amount equal to
18  80% of such actual travel allowances;
19    (B)  reimbursement in an amount equal to 80% of the actual travel
20  expenses incurred for providing transportation for exceptional children,
21  except gifted children, to special education services; such reimbursement
22  shall not be paid if such child has on children who have been counted in
23  determining the transportation weighting of the district under the pro-
24  visions of the school district finance and quality performance act;
25    (C)  reimbursement in an amount equal to 80% of the actual expenses
26  incurred for the maintenance of an exceptional child, except a gifted child,
27  at some place other than the residence of such child for the purpose of
28  providing special education services; such reimbursement shall not ex-
29  ceed $600 per exceptional child per school year; and
30    (D)  after subtracting the amounts of reimbursement under (A), (B)
31  and (C) from the total amount appropriated for special education services
32  under this act, an amount which bears the same proportion to the re-
33  maining amount appropriated as the number of full-time equivalent spe-
34  cial teachers employed by the school district for approved special edu-
35  cation services bears to the total number of full-time equivalent special
36  teachers employed by all school districts for approved special education
37  services.
38    (2)  Each special teacher who is a paraprofessional shall be counted
39  as 2/5 full-time equivalent special teacher.
40    (b) (1)  No special teacher in excess of the number of special teachers
41  necessary to comply with the ratio of special teacher to exceptional chil-
42  dren prescribed by the state board for the school district shall be counted
43  in making computations under this section.
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 1    (2)  No time spent by a special teacher in connection with duties per-
 2  formed under a contract entered into by the juvenile correctional facility
 3  at Atchison, the juvenile correctional facility at Beloit or the juvenile cor-
 4  rectional facility at Topeka and a school district for the provision of special
 5  education services by such state institution shall be counted in making
 6  computations under this section.
 7    (3)  No special teacher employed by a school district for the provision
 8  of special education services for gifted children shall be counted in making
 9  computations under this section.
10    Sec. 6.  K.S.A. 1996 Supp. 72-6407 is hereby amended to read as
11  follows: 72-6407. (a) ``Pupil'' means any person who is regularly enrolled
12  in a district and attending kindergarten or any of the grades one through
13  12 maintained by the district or who is regularly enrolled in a district and
14  attending kindergarten or any of the grades one through 12 in another
15  district in accordance with an agreement entered into under authority of
16  K.S.A. 72-8233, and amendments thereto, or who is regularly enrolled in
17  a district and attending special education services provided for preschool-
18  aged exceptional children by the district. Except as otherwise provided
19  in this subsection, a pupil in attendance full time shall be counted as one
20  pupil. A pupil in attendance part time shall be counted as that proportion
21  of one pupil (to the nearest 1/10) that the pupil's attendance bears to full-
22  time attendance. A pupil attending kindergarten shall be counted as 1/2
23  pupil. A pupil enrolled in and attending an institution of postsecondary
24  education which is authorized under the laws of this state to award aca-
25  demic degrees shall be counted as one pupil if the pupil's postsecondary
26  education enrollment and attendance together with the pupil's atten-
27  dance in either of the grades 11 or 12 is at least 5/6 time, otherwise the
28  pupil shall be counted as that proportion of one pupil (to the nearest 1/10)
29  that the total time of the pupil's postsecondary education attendance and
30  attendance in grade 11 or 12, as applicable, bears to full-time attendance.
31  A pupil enrolled in and attending an area vocational school, area voca-
32  tional-technical school or approved vocational education program shall be
33  counted as one pupil if the pupil's vocational education enrollment and
34  attendance together with the pupil's attendance in any of grades nine
35  through 12 is at least 5/6 time, otherwise the pupil shall be counted as that
36  proportion of one pupil (to the nearest 1/10) that the total time of the
37  pupil's vocational education attendance and attendance in any of grades
38  nine through 12 bears to full-time attendance. A pupil enrolled in a dis-
39  trict and attending special education services, except special education
40  services for preschool-aged exceptional children, provided for by the dis-
41  trict shall be counted as one pupil. A pupil enrolled in a district and
42  attending special education services for preschool-aged exceptional chil-
43  dren provided for by the district shall be counted as 1/2 pupil.  A pupil in
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 1  the custody of the secretary of social and rehabilitation services and en-
 2  rolled in unified school district No. 259, Sedgwick county, Kansas, but
 3  housed, maintained, and receiving educational services at the Judge James
 4  V. Riddel Boys Ranch, shall be counted as two pupils. A pupil residing at
 5  the Flint Hills job corps center shall not be counted. A pupil confined in
 6  and receiving educational services provided for by a district at a juvenile
 7  detention facility shall not be counted. A pupil enrolled in a district but
 8  housed, maintained, and receiving educational services at a state institu-
 9  tion shall not be counted.
10    (b)  ``Preschool-aged exceptional children'' means exceptional chil-
11  dren, except gifted children, who have attained the age of three years but
12  are under the age of eligibility for attendance at kindergarten.
13    (c)  ``At-risk pupils'' means pupils who are eligible for free meals un-
14  der the national school lunch act and for whom a district maintains an
15  approved at-risk pupil assistance plan.
16    (d)  ``Gifted pupils'' means pupils who have been determined to be
17  gifted children under the provisions of the special education for excep-
18  tional children act.
19    (d) (e)  ``Enrollment'' means, for districts scheduling the school days
20  or school hours of the school term on a trimestral or quarterly basis, the
21  number of pupils regularly enrolled in the district on September 20 plus
22  the number of pupils regularly enrolled in the district on February 20
23  less the number of pupils regularly enrolled on February 20 who were
24  counted in the enrollment of the district on September 20; and for dis-
25  tricts not hereinbefore specified, the number of pupils regularly enrolled
26  in the district on September 20. Notwithstanding the foregoing, if en-
27  rollment in a district in any school year has decreased from enrollment
28  in the preceding school year, enrollment of the district in the current
29  school year may be computed by adding one-half the number of pupils
30  by which enrollment in the current school year has decreased from en-
31  rollment in the preceding school year to enrollment in the current school
32  year, except that such computation shall not be applied to decreases in
33  enrollment in the current school year that are in excess of 4% of enroll-
34  ment in the preceding school year.
35    (e) (f)  ``Adjusted enrollment'' means enrollment adjusted by adding
36  at-risk pupil weighting, program weighting, gifted pupil weighting, if any,
37  low enrollment weighting, if any, correlation weighting, if any, school
38  facilities weighting, if any, and transportation weighting to enrollment.
39    (f) (g)  ``At-risk pupil weighting'' means an addend component as-
40  signed to enrollment of districts on the basis of enrollment of at-risk
41  pupils.
42    (h)  ``Gifted pupil weighting'' means an addend component assigned
43  to enrollment of districts on the basis of pupil attendance in special edu-
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 1  cation services provided for gifted children.
 2    (g) (i)  ``Program weighting'' means an addend component assigned
 3  to enrollment of districts on the basis of pupil attendance in educational
 4  programs which differ in cost from regular educational programs.
 5    (h) (j)  ``Low enrollment weighting'' means, for any school year in
 6  which the provisions of K.S.A. 1996 Supp. 72-6442a, and amendments
 7  thereto, are operational, an addend component assigned to enrollment of
 8  districts having 1,800-1,899 or under enrollment on the basis of costs
 9  attributable to maintenance of educational programs by such districts in
10  comparison with costs attributable to maintenance of educational pro-
11  grams by districts having 1,800-1,899 or over enrollment, for the school
12  year in which the provisions of K.S.A. 1996 Supp. 72-6442, and amend-
13  ments thereto, become operational and each school year thereafter, an
14  addend component assigned to enrollment of districts having under 1,800
15  enrollment on the basis of costs attributable to maintenance of educa-
16  tional programs by such districts in comparison with costs attributable to
17  maintenance of educational programs by districts having 1,800 or over
18  enrollment.
19    (i) (k)  ``School facilities weighting'' means an addend component as-
20  signed to enrollment of districts on the basis of costs attributable to com-
21  mencing operation of new school facilities. School facilities weighting may
22  be assigned to enrollment of a district only if the district has adopted a
23  local option budget and budgeted therein the total amount authorized for
24  the school year. School facilities weighting may be assigned to enrollment
25  of the district only in the school year in which operation of a new school
26  facility is commenced and in the next succeeding school year.
27    (j) (l)  ``Transportation weighting'' means an addend component as-
28  signed to enrollment of districts on the basis of costs attributable to the
29  provision or furnishing of transportation.
30    (k) (m)  ``Correlation weighting'' means, for any school year in which
31  the provisions of K.S.A. 1996 Supp. 72-6442a, and amendments thereto,
32  are operational, an addend component assigned to enrollment of districts
33  having 1,800-1,899 or over enrollment on the basis of costs attributable
34  to maintenance of educational programs by such districts as a correlate
35  to low enrollment weighting assigned to enrollment of districts having
36  1,800-1,899 or under enrollment, for the school year in which the pro-
37  visions of K.S.A. 1996 Supp. 72-6442, and amendments thereto, become
38  operational and each school year thereafter, an addend component as-
39  signed to enrollment of districts having 1,800 or over enrollment on the
40  basis of costs attributable to maintenance of educational programs by such
41  districts as a correlate to low enrollment weighting assigned to enrollment
42  of districts having under 1,800 enrollment.
43    New Sec. 7.  The gifted pupil weighting of each district shall be de-
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 1  termined by the state board by computing full time equivalent enrollment
 2  of gifted pupils in special education services provided for gifted children
 3  and multiplying the computed enrollment by .34. The product is the
 4  gifted pupil weighting of the district.
 5    Sec. 8.  K.S.A. 72-963, 72-966, 72-970 and 72-972 and K.S.A. 1996
 6  Supp. 72-978, as amended by section 120 of chapter 229 of the 1996
 7  Session Laws of Kansas, and 72-6407 are hereby repealed.
 8    Sec. 9.  This act shall take effect and be in force from and after its
 9  publication in the statute book.