Session of 1998
                   
HOUSE BILL No. 2888
         
By Committee on Federal and State Affairs
         
2-11
            9             AN ACT concerning school district finance; increasing base state aid per
10             pupil; affecting determination of at-risk, low enrollment, and correla-
11             tion weightings; providing state grants for education technology plans;
12             amending K.S.A. 72-3703, 72-3710 and 72-6428 and K.S.A 1997 Supp.
13             72-6407, 72-6410, 72-6412, 72-6414 and 72-6442 and repealing the
14             existing sections.
15            
16       Be it enacted by the Legislature of the State of Kansas:
17           Section 1. K.S.A. 1997 Supp. 72-6407 is hereby amended to read as
18       follows: 72-6407. (a) ``Pupil'' means any person who is regularly enrolled
19       in a district and attending kindergarten or any of the grades one through
20       12 maintained by the district or who is regularly enrolled in a district and
21       attending kindergarten or any of the grades one through 12 in another
22       district in accordance with an agreement entered into under authority of
23       K.S.A. 72-8233, and amendments thereto, or who is regularly enrolled in
24       a district and attending special education services provided for preschool-
25       aged exceptional children by the district. Except as otherwise provided
26       in this subsection, a pupil in attendance full time shall be counted as one
27       pupil. A pupil in attendance part time shall be counted as that proportion
28       of one pupil (to the nearest 1/10) that the pupil's attendance bears to
29       full-time attendance. A pupil attending kindergarten shall be counted as
30       1/2 pupil. A pupil enrolled in and attending an institution of postsecondary
31       education which is authorized under the laws of this state to award aca-
32       demic degrees shall be counted as one pupil if the pupil's postsecondary
33       education enrollment and attendance together with the pupil's attend-
34       ance in either of the grades 11 or 12 is at least 5/6 time, otherwise the
35       pupil shall be counted as that proportion of one pupil (to the nearest 1/10)
36       that the total time of the pupil's postsecondary education attendance and
37       attendance in grade 11 or 12, as applicable, bears to full-time attendance.
38       A pupil enrolled in and attending an area vocational school, area voca-
39       tional-technical school or approved vocational education program shall be
40       counted as one pupil if the pupil's vocational education enrollment and
41       attendance together with the pupil's attendance in any of grades nine
42       through 12 is at least 5/6 time, otherwise the pupil shall be counted as that
43       proportion of one pupil (to the nearest 1/10) that the total time of the

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  1       pupil's vocational education attendance and attendance in any of grades
  2       nine through 12 bears to full-time attendance. A pupil enrolled in a dis-
  3       trict and attending special education services, except special education
  4       services for preschool-aged exceptional children, provided for by the dis-
  5       trict shall be counted as one pupil. A pupil enrolled in a district and
  6       attending special education services for preschool-aged exceptional chil-
  7       dren provided for by the district shall be counted as 1/2 pupil. A pupil in
  8       the custody of the secretary of social and rehabilitation services and en-
  9       rolled in unified school district No. 259, Sedgwick county, Kansas, but
10       housed, maintained, and receiving educational services at the Judge James
11       V. Riddel Boys Ranch, shall be counted as two pupils. A pupil residing at
12       the Flint Hills job corps center shall not be counted. A pupil confined in
13       and receiving educational services provided for by a district at a juvenile
14       detention facility shall not be counted. A pupil enrolled in a district but
15       housed, maintained, and receiving educational services at a state institu-
16       tion shall not be counted.
17           (b) ``Preschool-aged exceptional children'' means exceptional chil-
18       dren, except gifted children, who have attained the age of three years but
19       are under the age of eligibility for attendance at kindergarten.
20           (c) ``At-risk pupils'' means pupils who are eligible for free meals un-
21       der the national school lunch act and who are enrolled in a district which
22       maintains an approved at-risk pupil assistance plan.
23           (d) ``Enrollment'' means, for districts scheduling the school days or
24       school hours of the school term on a trimestral or quarterly basis, the
25       number of pupils regularly enrolled in the district on September 20 plus
26       the number of pupils regularly enrolled in the district on February 20
27       less the number of pupils regularly enrolled on February 20 who were
28       counted in the enrollment of the district on September 20; and for dis-
29       tricts not hereinbefore specified, the number of pupils regularly enrolled
30       in the district on September 20. Notwithstanding the foregoing, if en-
31       rollment in a district in any school year has decreased from enrollment
32       in the preceding school year, enrollment of the district in the current
33       school year may be computed on the basis of enrollment in the preceding
34       school year.
35           (e) ``Adjusted enrollment'' means enrollment adjusted by adding at-
36       risk pupil weighting, program weighting, low enrollment weighting, if any,
37       correlation weighting, if any, school facilities weighting, if any, ancillary
38       school facilities weighting, if any, and transportation weighting to enroll-
39       ment.
40           (f) ``At-risk pupil weighting'' means an addend component assigned
41       to enrollment of districts on the basis of enrollment of at-risk pupils.
42           (g) ``Program weighting'' means an addend component assigned to
43       enrollment of districts on the basis of pupil attendance in educational

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  1       programs which differ in cost from regular educational programs.
  2           (h) ``Low enrollment weighting'' means in the 2003-04 school year
  3       and each school year thereafter, an addend component assigned to en-
  4       rollment of districts having under   1,800 1,500 enrollment on the basis of
  5       costs attributable to maintenance of educational programs by such dis-
  6       tricts in comparison with costs attributable to maintenance of educational
  7       programs by districts having   1,800 1,500 or over enrollment; in the 1998-
  8       99 through 2002-03 school years, an addend component assigned to en-
  9       rollment of districts determined to be entitled to assignment of low en-
10       rollment weighting under the provisions of section 4, and amendments
11       thereto, on the basis of costs attributable to maintenance of educational
12       programs by such districts in comparison with costs attributable to main-
13       tenance of educational programs by districts having a prescribed enroll-
14       ment as determined under the provisions of section 7, and amendments
15       thereto.
16           (i) ``School facilities weighting'' means an addend component as-
17       signed to enrollment of districts on the basis of costs attributable to com-
18       mencing operation of new school facilities. School facilities weighting may
19       be assigned to enrollment of a district only if the district has adopted a
20       local option budget and budgeted therein the total amount authorized for
21       the school year. School facilities weighting may be assigned to enrollment
22       of the district only in the school year in which operation of a new school
23       facility is commenced and in the next succeeding school year.
24           (j) ``Transportation weighting'' means an addend component assigned
25       to enrollment of districts on the basis of costs attributable to the provision
26       or furnishing of transportation.
27           (k) ``Correlation weighting'' means in the 2003-04 school year and
28       each school year thereafter, an addend component assigned to enrollment
29       of districts having   1,800 1,500 or over enrollment on the basis of costs
30       attributable to maintenance of educational programs by such districts as
31       a correlate to low enrollment weighting assigned to enrollment of districts
32       having under   1,800 1,500 enrollment; in the 1998-99 through 2002-03
33       school years, an addend component assigned to enrollment of districts
34       determined to be entitled to assignment of correlation weighting under
35       the provisions of section 7, and amendments thereto, on the basis of costs
36       attributable to maintenance of educational programs by such districts as
37       a correlate to low enrollment weighting assigned to enrollment of districts
38       having a prescribed enrollment as determined under the provisions of
39       section 4, and amendments thereto.
40           (l) ``Ancillary school facilities weighting'' means an addend compo-
41       nent assigned to enrollment of districts to which the provisions of K.S.A.
42       1997 Supp. 72-6441, and amendments thereto, apply on the basis of costs
43       attributable to commencing operation of new school facilities. Ancillary

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  1       school facilities weighting may be assigned to enrollment of a district only
  2       if the district has levied a tax under authority of K.S.A. 1997 Supp. 72-
  3       6441, and amendments thereto, and remitted the proceeds from such tax
  4       to the state treasurer. Ancillary school facilities weighting is in addition
  5       to assignment of school facilities weighting to enrollment of any district
  6       eligible for such weighting.
  7           Sec. 2. K.S.A. 1997 Supp. 72-6410 is hereby amended to read as
  8       follows: 72-6410. (a) ``State financial aid'' means an amount equal to the
  9       product obtained by multiplying base state aid per pupil by the adjusted
10       enrollment of a district.
11           (b) ``Base state aid per pupil'' means an amount of state financial aid
12       per pupil. Subject to the other provisions of this subsection, the amount
13       of base state aid per pupil is   $3,670 $3,710. The amount of base state aid
14       per pupil is subject to reduction commensurate with any reduction under
15       K.S.A. 75-6704, and amendments thereto, in the amount of the appro-
16       priation from the state general fund for general state aid. If the amount
17       of appropriations for general state aid is insufficient to pay in full the
18       amount each district is entitled to receive for any school year, the amount
19       of base state aid per pupil for such school year is subject to reduction
20       commensurate with the amount of the insufficiency.
21           (c) ``Local effort'' means the sum of an amount equal to the proceeds
22       from the tax levied under authority of K.S.A. 72-6431, and amendments
23       thereto, and an amount equal to any unexpended and unencumbered
24       balance remaining in the general fund of the district, except amounts
25       received by the district and authorized to be expended for the purposes
26       specified in K.S.A. 72-6430, and amendments thereto, and an amount
27       equal to any unexpended and unencumbered balances remaining in the
28       program weighted funds of the district, except any amount in the voca-
29       tional education fund of the district if the district is operating an area
30       vocational school, and an amount equal to any remaining proceeds from
31       taxes levied under authority of K.S.A. 72-7056 and 72-7072, and amend-
32       ments thereto, prior to the repeal of such statutory sections, and an
33       amount equal to the amount deposited in the general fund in the current
34       school year from amounts received in such year by the district under the
35       provisions of subsection (a) of K.S.A. 72-1046a, and amendments thereto,
36       and an amount equal to the amount deposited in the general fund in the
37       current school year from amounts received in such year by the district
38       pursuant to contracts made and entered into under authority of K.S.A.
39       72-6757, and amendments thereto, and an amount equal to the amount
40       credited to the general fund in the current school year from amounts
41       distributed in such year to the district under the provisions of articles 17
42       and 34 of chapter 12 of Kansas Statutes Annotated and under the pro-
43       visions of articles 42 and 51 of chapter 79 of Kansas Statutes Annotated,

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  1       and (1) for districts other than the district created by K.S.A. 72-5333a,
  2       and amendments thereto, an amount equal to 75% of the federal impact
  3       aid of a district and (2) for the district created by K.S.A. 72-5333a, and
  4       amendments thereto, an amount equal to the federal impact aid of the
  5       district.
  6           (d) ``Federal impact aid'' means an amount equal to the federally
  7       qualified percentage of the amount of moneys a district receives in the
  8       current school year under the provisions of title I of public law 874 and
  9       congressional appropriations therefor, excluding amounts received for as-
10       sistance in cases of major disaster and amounts received under the low-
11       rent housing program. The amount of federal impact aid defined herein
12       as an amount equal to the federally qualified percentage of the amount
13       of moneys provided for the district under title I of public law 874 shall
14       be determined by the state board in accordance with terms and conditions
15       imposed under the provisions of the public law and rules and regulations
16       thereunder.
17           Sec. 3. K.S.A. 1997 Supp. 72-6412 is hereby amended to read as
18       follows: 72-6412. In the 2003-04 school year and each school year there-
19       after, the low enrollment weighting of each district with under   1,800
20       1,500 enrollment shall be determined by the state board as follows:
21           (a) Determine the amount of the median budget per pupil for the
22       1991-92 school year of districts with 75-125 enrollment in such school
23       year;
24           (b) determine the amount of the median budget per pupil for the
25       1991-92 school year of districts with 200-399 enrollment in such school
26       year;
27           (c) determine the amount of the median budget per pupil for the
28       1991-92 school year of districts with 1,900 or over enrollment;
29           (d) prescribe a schedule amount for each of the districts by preparing
30       a schedule based upon an accepted mathematical formula and derived
31       from a linear transition between (1) the median budgets per pupil deter-
32       mined under (a) and (b), and (2) the median budgets per pupil deter-
33       mined under (b) and (c). The schedule amount for districts with 0-99
34       enrollment is an amount equal to the amount of the median budget per
35       pupil determined under (a). The schedule amount for districts with
36       100-299 enrollment is the amount derived from the linear transition un-
37       der (1). The schedule amount for districts with 300-1,899 enrollment is
38       the amount derived from the linear transition under (2);
39           (e) for districts with 0-99 enrollment:
40           (1) Subtract the amount determined under (c) from the amount de-
41       termined under (a);
42           (2) divide the remainder obtained under (1) by the amount deter-
43       mined under (c);

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  1           (3) multiply the quotient obtained under (2) by the enrollment of the
  2       district in the current school year. The product is the low enrollment
  3       weighting of the district;
  4           (f) for districts with 100-299 enrollment:
  5           (1) Subtract the amount determined under (c) from the schedule
  6       amount of the district;
  7           (2) divide the remainder obtained under (1) by the amount deter-
  8       mined under (c);
  9           (3) multiply the quotient obtained under (2) by the enrollment of the
10       district in the current school year. The product is the low enrollment
11       weighting of the district;
12           (g) for districts with   300-1,799 300-1,499 enrollment:
13           (1) Subtract the amount determined under (c) from the schedule
14       amount of the district;
15           (2) divide the remainder obtained under (1) by the amount deter-
16       mined under (c);
17           (3) multiply the quotient obtained under (2) by the enrollment of the
18       district in the current school year. The product is the low enrollment
19       weighting of the district.
20           New Sec. 4. (a) In the 1998-99 through 2000-03 school years, the
21       state board shall determine the districts having a prescribed enrollment
22       that are entitled to assignment of low enrollment weighting and shall
23       determine the low enrollment weighting of each such district as follows:
24           (1) Determine the amount of the median budget per pupil for the
25       1991-92 school year of districts with 75-125 enrollment in such school
26       year;
27           (2) determine the amount of the median budget per pupil for the
28       1991-92 school year of districts with 200-399 enrollment in such school
29       year;
30           (3) determine the amount of the median budget per pupil for the
31       1991-92 school year of districts with 1,900 or over enrollment;
32           (4) prescribe a schedule amount for each of the districts by preparing
33       a schedule based upon an accepted mathematical formula and derived
34       from a linear transition between (A) the median budgets per pupil de-
35       termined under (1) and (2), and (B) the median budgets per pupil de-
36       termined under (2) and (3). The schedule amount for districts with 0-99
37       enrollment is an amount equal to the amount of the median budget per
38       pupil determined under (1). The schedule amount for districts with
39       100-299 enrollment is the amount derived from the linear transition un-
40       der (A). The schedule amount for districts with 300-1,899 enrollment is
41       the amount derived from the linear transition under (B);
42           (5) for districts with 0-99 enrollment:
43           (A) Subtract the amount determined under (3) from the amount de-

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  1       termined under (1);
  2           (B) divide the remainder obtained under (A) by the amount deter-
  3       mined under (3);
  4           (C) multiply the quotient obtained under (B) by the enrollment of
  5       the district in the current school year. The product is the low enrollment
  6       weighting of the district;
  7           (6) for districts with 100-299 enrollment:
  8           (A) Subtract the amount determined under (3) from the schedule
  9       amount of the district;
10           (B) divide the remainder obtained under (A) by the amount deter-
11       mined under (3);
12           (C) multiply the quotient obtained under (B) by the enrollment of
13       the district in the current school year. The product is the low enrollment
14       weighting of the district;
15           (7) for districts with a prescribed enrollment that are determined to
16       be entitled to assignment of low enrollment weighting:
17           (A) Subtract the amount determined under (3) from the schedule
18       amount of the district;
19           (B) divide the remainder obtained under (A) by the amount deter-
20       mined under (3);
21           (C) multiply the quotient obtained under (B) by the enrollment of
22       the district in the current school year. The product is the low enrollment
23       weighting of the district.
24           (b) For the purpose of determining the districts that are entitled to
25       assignment of low enrollment weighting, the districts with a prescribed
26       enrollment in the 1998-99 through 2000-03 school years are: (1) In the
27       1998-99 school year, the districts with 300-1,749 enrollment; (2) in the
28       1999-2000 school year, the districts with 300-1,699 enrollment; (3) in the
29       2000-01 school year, the districts with 300-1,649 enrollment; (4) in the
30       2001-02 school year, the districts with 300-1,599 enrollment; (5) in the
31       2002-03 school year, the districts with 300-1,549 enrollment.
32           (c) The provisions of this section shall expire on June 30, 2003.
33           Sec. 5. K.S.A. 1997 Supp. 72-6414 is hereby amended to read as
34       follows: 72-6414. The at-risk pupil weighting of each district shall be de-
35       termined by the state board by multiplying the number of at-risk pupils
36       included in enrollment of the district by   .065 .08 in the 1998-99 school
37       year, by .11 in the 1999-2000 school year, by .14 in the 2000-01 school
38       year, by .17 in the 2001-02 school year, and by .20 in the 2002-03 school
39       year and each school year thereafter. The product is the at-risk pupil
40       weighting of the district.
41           Sec. 6. K.S.A. 1997 Supp. 72-6442 is hereby amended to read as
42       follows: 72-6442. In the 2003-04 school year and each school year there-
43       after, the correlation weighting of each district with   1,800 1,500 or over

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  1       enrollment shall be determined by the state board as follows:
  2           (a) Determine the schedule amount for a district with   1,800 1,500
  3       enrollment as derived from the linear transition under (d) of K.S.A. 72-
  4       6412, and amendments thereto, and subtract the amount determined
  5       under (c) of K.S.A. 72-6412, and amendments thereto, from the schedule
  6       amount so determined;
  7           (b) divide the remainder obtained under (a) by the amount deter-
  8       mined under (c) of K.S.A. 72-6412, and amendments thereto, and mul-
  9       tiply the quotient by the enrollment of the district in the current school
10       year. The product is the correlation weighting of the district.
11           New Sec. 7. (a) In the 1998-99 through 2002-03 school years, the
12       state board shall determine the districts having a prescribed enrollment
13       that are entitled to assignment of correlation weighting and shall deter-
14       mine the correlation weighting of each such district as follows:
15           (1) Determine the schedule amount as derived from the linear tran-
16       sition under (a)(4) of section 4, and amendments thereto, for the district
17       and subtract the amount determined under (a)(3) of section 4, and
18       amendments thereto, from the schedule amount so determined;
19           (2) divide the remainder obtained under (1) by the amount deter-
20       mined under (a)(3) of section 4, and amendments thereto, and multiply
21       the quotient by the enrollment of each district entitled to assignment of
22       correlation weighting in the current school year. The product is the cor-
23       relation weighting of each such district.
24           (b) For the purpose of determining the districts that are entitled to
25       assignment of correlation weighting, the districts with a prescribed en-
26       rollment in the 1998-99 through 2000-03 school years are: (1) In the 1998-
27       99 school year, the districts with 1,750 or over enrollment; (2) in the 1999-
28       2000 school year, the districts with 1,700 or over enrollment; (3) in the
29       2000-01 school year, the districts with 1,650 or over enrollment; (4) in
30       the 2001-02 school year, the districts with 1,600 or over enrollment; (5)
31       in the 2002-03 school year, the districts with 1,550 or over enrollment.
32           (c) The provisions of this section shall expire on June 30, 2003.
33           New Sec. 8. (a) As used in this section, the term ``education tech-
34       nology plan'' means a plan which is developed and maintained by the
35       board of education of a school district for the purpose of fully integrating
36       technology into teaching and learning to help ensure that all pupils be-
37       come technologically proficient.
38           (b) Each board that develops and maintains an education technology
39       plan may apply for a grant of state moneys to supplement amounts ex-
40       pended by the school district for development and maintenance of the
41       plan. In order to be eligible for a grant of state moneys, a board shall
42       submit to the state board of education an application for a grant and a
43       description of the plan. The plan must include an evaluation procedure

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  1       designed to measure effectiveness of the plan in improving school cur-
  2       riculum and increasing pupil achievement through integration of tech-
  3       nology. Approval by the state board of the plan and the application is
  4       prerequisite to the award of a grant. Applications for grants of state mon-
  5       eys and descriptions of education technology plans shall be prepared in
  6       such form and manner as the state board of education shall require and
  7       shall be submitted at a time to be determined and specified by the state
  8       board.
  9           (c) The state board of education shall adopt rules and regulations for
10       administration of the education technology grant program and shall:
11           (1) Establish standards and criteria for reviewing, evaluating and ap-
12       proving education technology plans and applications of school districts for
13       grants;
14           (2) approve education technology plans for the award of grants of
15       state moneys;
16           (3) be responsible for awarding grants of state moneys to school dis-
17       tricts; and
18           (4) request of and receive from each school district which is partici-
19       pating in the education technology grant program reports containing in-
20       formation with regard to the overall effectiveness of the plan of the school
21       district.
22           (d) (1) In each school year, to the extent that appropriations are avail-
23       able, each school district which is participating in the education technol-
24       ogy grant program through maintenance of an approved education tech-
25       nology plan shall be eligible to receive a grant of state moneys. The
26       amount of the grant to a school district shall be an amount equal to the
27       sum obtained by adding a base amount of $12,500 to the product obtained
28       by multiplying $13.80 by the enrollment of the district. If the amount of
29       appropriations for the education technology grant program is insufficient
30       to pay in full the amount each school district is entitled to receive for the
31       school year, the state board shall prorate the amount appropriated among
32       all school districts which are entitled to receive grants of state moneys
33       under the provisions of this section in proportion to the amount each
34       school district is entitled to receive.
35           (2) The state board of education shall prescribe all forms necessary
36       for reporting under this act.
37           (3) Every board which is participating in the education technology
38       grant program shall make such periodic and special reports of statistical
39       and financial information to the state board of education as it may request.
40           (4) Moneys received by a school district through the award of a grant
41       of state moneys under this section shall be deposited in the education
42       technology fund of the district. To the extent possible, grants shall be
43       used for applying technology to support school reform, acquiring hard-

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  1       ware and software to improve pupil learning, acquiring connections to
  2       telecommunication networks to obtain access to resources and services,
  3       providing ongoing professional development in the integration of tech-
  4       nology into improvements of the school curriculum, and providing better
  5       educational services for adults and families.
  6           (e) The state board of education may provide any board, upon its
  7       request therefor, with technical advice and assistance regarding the de-
  8       velopment and maintenance of an education technology plan or an ap-
  9       plication for a grant of state moneys, and may disseminate information
10       regarding resources, procedures and personnel which are or may become
11       available to assist school district participation in the education technology
12       grant program.
13           Sec. 9. K.S.A. 72-3703 is hereby amended to read as follows: 72-
14       3703. (a) The board of education of any school district may develop,
15       implement and maintain   technology education technology programs, and
16       may acquire equipment necessary for such programs.
17           (b) (1) There is hereby established in every school district a fund
18       which shall be called the   technology education technology fund. The   tech-
19       nology education technology fund shall consist of all moneys deposited
20       therein or transferred thereto in accordance with law. Except for an
21       amount to pay a portion of the principal and interest on bonds issued by
22       cities under the authority of K.S.A. 12-1774, and amendments thereto,
23       for the financing of redevelopment projects upon property located within
24       the school district, the proceeds of any tax levied under K.S.A. 72-3702,
25       prior to its repeal   by this act, shall be paid to the school district making
26       such levy and shall be deposited in the   technology education technology
27       fund of the school district.
28           (2) Any moneys in the   technology education technology fund of any
29       school district and any moneys received from issuance of bonds under
30       authority of K.S.A. 72-3704, prior to its repeal   by this act, may be used
31       for the purpose of developing, implementing or enhancing   technology
32       education technology programs and for acquiring equipment necessary
33       for such programs. The board of education of any school district is hereby
34       authorized to invest any portion of the   technology education technology
35       fund of the school district which is not currently needed in investments
36       authorized by K.S.A. 12-1675, and amendments thereto, in the manner
37       prescribed therein or may invest the same in direct obligations of the
38       United States government maturing or redeemable at par and accrued
39       interest within three years from date of purchase, the principal and in-
40       terest whereof is guaranteed by the government of the United States. All
41       interest received on any such investment shall upon receipt thereof be
42       credited to the technology education fund.
43             (c) As used in this section and in K.S.A. 72-3710, and amendments

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  1       thereto, the term ``technology education program'' means a program to
  2       incorporate electronic computer and communications technologies into
  3       educational programs of the school district, including improvement and
  4       integration of on-line information management and communications sys-
  5       tems in all application areas.
  6           Sec. 10. K.S.A. 72-3710 is hereby amended to read as follows: 72-
  7       3710. The boards of education of any two or more school districts are
  8       hereby authorized to enter into a school district interlocal agreement in
  9       accordance with the provisions of K.S.A. 72-8230, and amendments
10       thereto, for the purpose of jointly and cooperatively providing   technology
11       education technology programs in such school districts. Any school district
12       having   a technology an education technology program in operation or
13       having a plan to develop, implement or enhance such program shall, upon
14       request, share information on the research, development and operation
15       of such programs with other school districts.
16           Sec. 11. K.S.A. 72-6428 is hereby amended to read as follows: 72-
17       6428. (a) Any lawful transfer of moneys from the general fund of a district
18       to any other fund shall be an operating expense in the year the transfer
19       is made. The board of any district may transfer moneys from the general
20       fund to any categorical fund of the district in any school year. The board
21       of any district may transfer moneys from the general fund to any program
22       weighted fund of the district in any school year, subject to the following
23       conditions:
24           (1) No board shall transfer moneys in any amount from the general
25       fund to a program weighted fund prior to maturation of the obligation of
26       the fund necessitating the transfer.
27           (2) The board may transfer moneys in an amount not to exceed the
28       amount of the obligation of the program weighted fund necessitating the
29       transfer.
30           (b) The board of any district may transfer moneys from the general
31       fund to the education technology   education fund of the district in any
32       school year  , subject to the conditions imposed upon transferability of
33       moneys from the general fund to program weighted funds of the district.
34           (c) The board of any district may transfer moneys from the general
35       fund to the contingency reserve fund of the district in any school year,
36       subject to the limitations imposed upon the amount authorized to be
37       maintained in the contingency reserve fund under K.S.A. 72-6426, and
38       amendments thereto.
39           (d) The board of any district may transfer moneys from the general
40       fund to the capital outlay fund of the district in any school year, subject
41       to the following conditions:
42           (1) No board shall transfer moneys in any amount from the general
43       fund to the capital outlay fund prior to June 1 in any school year.

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  1           (2) The board of any of the districts with 10,000 or more enrollment
  2       may transfer moneys in an amount not to exceed an amount equal to 1%
  3       of the general fund budget.
  4           (3) The board of any district, other than the districts with 10,000 or
  5       more enrollment, may transfer moneys in an amount not to exceed an
  6       amount equal to 2% of the general fund budget.
  7           (4) No board shall transfer moneys in any amount from the general
  8       fund to the capital outlay fund in any school year commencing after June
  9       30, 1993, unless such board, in its adopted budget for such year, shall
10       have budgeted a capital outlay levy at (A) not less than a 3.5 mill rate or
11       (B) not less than the mill rate necessary to produce the same amount of
12       money that would have been produced by a 3.5 mill rate in the 1988-89
13       school year, whichever of (A) or (B) is the greater mill rate.
14           (e) Any district may make capital outlay expenditures from the gen-
15       eral fund for acquisition of equipment and repair of school buildings.
16             (f) The provisions of this section shall take effect and be in force from
17       and after July 1, 1992.
18           Sec. 12. K.S.A. 72-3703, 72-3710 and 72-6428 and K.S.A. 1997 Supp.
19       72-6407, 72-6410, 72-6412, 72-6414 and 72-6442 are hereby repealed.
20           Sec. 13. This act shall take effect and be in force from and after its
21       publication in the statute book.
22      
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