Session of 1998
                   
HOUSE BILL No. 2770
         
By Representatives Sloan, Ballard, Findley, Flower and Tanner
         
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            9             AN ACT concerning Haskell Indian nations university; providing for
10             credit hour state aid and out-district state aid.
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12       Be it enacted by the Legislature of the State of Kansas:
13           Section 1. (a) As used in this section, the term ``credit hour'' means
14       one hour of instruction per week for 18 weeks or the equivalent thereof
15       in a subject or course at a level not higher than those subjects or courses
16       normally offered to freshmen and sophomores in four-year institutions of
17       postsecondary education, which subject or course is approved by the state
18       board of education. Credit hour does not include within its meaning any
19       hour of instruction in a subject or course taken by a student enrolled for
20       audit or in any subject or course not approved by the state board of
21       education. The state board of education, in consultation with the state
22       board of regents, shall determine which subjects and courses offered by
23       Haskell Indian nations university are at the level of freshmen and soph-
24       omore subjects and courses offered in the state educational institutions
25       and shall not approve any subject or course offered at a higher level.
26           (b) (1) Haskell Indian nations university shall be entitled to receive
27       credit hour state aid as provided in this section. The basis for payments
28       of credit hour state aid to Haskell Indian nations university for each credit
29       hour of each duly enrolled student during the current university session
30       shall be equal to the amount which is provided for by the legislature in
31       acts making appropriations for the credit hour state aid entitlement of
32       community colleges in accordance with K.S.A. 71-602 and amendments
33       thereto. Payments of credit hour state aid shall be based only upon credit
34       hours of duly enrolled students of Haskell Indian nations university who
35       are bona fide residents of the state of Kansas under the provisions of
36       K.S.A. 71-406 and amendments thereto or who would be considered to
37       be bona fide residents of the state of Kansas under the provisions of
38       K.S.A. 1997 Supp. 71-407 and amendments thereto, under the same con-
39       ditions and circumstances as would apply to such a determination under
40       such statutes if such students were enrolled in a community college.
41           (2) The determination of credit hours of duly enrolled students shall
42       be made at times prescribed by the state board of education.
43           (c) Haskell Indian nations university shall be entitled to receive

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  1       out-district state aid as provided in this section. The basis for payment of
  2       out-district state aid to Haskell Indian nations university shall be an
  3       amount for each credit hour of each duly enrolled out-district student of
  4       Haskell Indian nations university that is equal to the amount prescribed
  5       for each credit hour of each duly enrolled out-district student for out-
  6       district state aid for community colleges by K.S.A. 71-607 and amend-
  7       ments thereto. Out-district state aid payments under this section shall be
  8       made only for credit hours of out-district students (1) if such students are
  9       either bona fide residents of the state of Kansas or are considered to be
10       bona fide residents of the state of Kansas, as determined under subsection
11       (b) and are not residents of Douglas county, and (2) if such students, as
12       determined by the state board of education, have not more than 64 credit
13       hours from any institution of post-secondary education or have not more
14       than 72 credit hours and are enrolled in terminal-type nursing courses or
15       freshman-sophomore level pre-engineering courses.
16           (d) No out-district state aid entitlement and no credit hour state aid
17       entitlement of Haskell Indian nations university shall be based upon en-
18       rollment in any subject or course the principal part of which is taught at
19       a location outside Douglas county, unless the location of such course or
20       subject is specifically authorized by the state board of education.
21           (e) On or before November 1 and on or before March 1 of each year,
22       beginning November 1, 1998, the chief administrative officer of Haskell
23       Indian nations university shall certify under oath to the state board of
24       education the total number of duly enrolled credit hours of students of
25       the university during the current university session who meet the state
26       residence requirement. Each November 1 and March 1 certification for
27       payment shall set forth separately the credit hour enrollment for preced-
28       ing sessions and for the current session. The state board of education may
29       require the university to furnish any additional information deemed nec-
30       essary by it to carry out the provisions of this section, and shall prescribe
31       such forms and policies as may be necessary for making such reports.
32           (f) From the reports and information submitted and other informa-
33       tion available to it, the state board of education shall determine the
34       amount Haskell Indian nations university is entitled to receive as provided
35       in this section. The state board of education may audit the records of the
36       Haskell Indian nations university to verify the accuracy of the reports
37       submitted by the university. The state board of education may adopt rules
38       and regulations for the administration of this section.
39           (g) In the event the Haskell Indian nations university is paid more
40       than it is entitled to receive under any distribution made under this sec-
41       tion, the state board of education shall notify the university of the amount
42       of such overpayment and the university shall remit the amount of over-
43       payment to the state board of education and its shall deposit the entire

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  1       amount remitted in the state treasury to the credit of the state general
  2       fund, and if the university fails so to remit, the state board of education
  3       shall deduct the excess amount so paid from future payments becoming
  4       due to the university. In the event the university is paid less than the
  5       amount to which it is entitled under any distribution made under this
  6       section, the state board of education shall pay the additional amount due
  7       at any time within the fiscal year in which the underpayment was made
  8       or within 60 days after the end of such fiscal year.
  9           (h) Payments to Haskell Indian nations university of credit hour state
10       aid and out-district state aid under this section shall be made on Decem-
11       ber 1 and April 1 of each fiscal year, commencing December 1, 1998, or
12       as soon thereafter as is possible. The state board of education shall certify,
13       on or before November 25 and March 25 of each fiscal year, to the di-
14       rector of accounts and reports the amount due the university on Decem-
15       ber 1 or April 1, as the case may be, and the director of accounts and
16       reports shall draw a warrant upon the state treasurer in favor of the Has-
17       kell Indian nations university for such amount. Upon receipt of such war-
18       rant, the treasurer of the Haskell Indian nations university shall credit the
19       entire amount received to a separate operating fund of the university. All
20       moneys received by the university under this section shall be used to pay
21       current operating expenses of the university, and shall not be used for
22       the making of capital improvements.
23           Sec. 2. This act shall take effect and be in force from and after its
24       publication in the statute book.
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