Session of 1998
                   
SENATE BILL No. 443
         
By Committee on Education
         
1-15
            9             AN ACT concerning school districts; disallowing the counting of certain
10             pupils for purposes of computations under the school district finance
11             and quality performance act; amending K.S.A. 1997 Supp. 72-1046a,
12             72-6407 and 72-6757 and repealing the existing sections.
13            
14       Be it enacted by the Legislature of the State of Kansas:
15           Section 1. K.S.A. 1997 Supp. 72-1046a is hereby amended to read
16       as follows: 72-1046a. (a) The board of education of any school district is
17       hereby authorized to permit pupils who are not residents of the school
18       district to enroll in and attend the schools of the district. The board of
19       education may permit such pupils to attend school without charge or,
20       subject to the provisions of subsection (b), may charge such pupils for
21       attendance at school to offset, totally or in part, the costs of providing for
22       such attendance. Amounts received under this subsection by the board
23       of education of a school district for enrollment and attendance of pupils
24       at school in regular educational programs shall be deposited in the general
25       fund of the school district.
26           (b) Pupils who are not residents of a school district and are attending
27       the schools of the school district in accordance with the provisions of an
28       agreement entered into under authority of K.S.A. 72-8233, and amend-
29       ments thereto, shall not be charged for attendance at school. The costs
30       of providing for the attendance of such pupils at school shall be paid by
31       the school district of residence of the pupils in accordance with the pro-
32       visions of the agreement. Amounts received under this subsection by the
33       board of education of a school district for attendance of pupils at school
34       in regular educational programs shall be deposited in the general fund of
35       the school district.
36           (c) Pupils who do not meet any of the requirements of K.S.A. 72-1046,
37       and amendments thereto, for school attendance in a school district located
38       in this state shall not be counted for the purpose of computations under
39       the school district finance and quality performance act.
40           Sec. 2. K.S.A. 1997 Supp. 72-6757 is hereby amended to read as
41       follows: 72-6757. (a) As used in this section:
42           (1) ``Receiving school district'' means a school district of nonresi-
43       dence of a pupil who attends school in such school district.

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  1           (2) ``Sending school district'' means a school district of residence of
  2       a pupil who attends school in a school district not of the pupil's residence.
  3           (b) The board of education of any school district may make and enter
  4       into contracts with the board of education of any receiving school district
  5       located in this state for the purpose of providing for the attendance of
  6       pupils at school in the receiving school district.
  7           (c) The board of education of any school district may make and enter
  8       into contracts with the governing authority of any accredited school dis-
  9       trict located in another state for the purpose of providing for the atten-
10       dance of pupils from this state at school in such other state or for the
11       attendance of pupils from such other state at school in this state.
12           (d) For the purpose of computations under the school district finance
13       and quality performance act, pupils attending school in a receiving school
14       district in accordance with a contract authorized by this section and shall
15       not be counted as regularly enrolled in and attending school in the re-
16       ceiving school district. Pupils attending school in a receiving school dis-
17       trict in accordance with a contract made and entered into by such re-
18       ceiving school district with a sending school district located in this state
19       shall be counted as regularly enrolled in and attending school in the send-
20       ing school district for the purpose of computations under the school dis-
21       trict finance and quality performance act.
22           (e) Any contract made and entered into under authority of this sec-
23       tion is subject to the following conditions:
24           (1) The contract shall be for the benefit of pupils who reside at in-
25       convenient or unreasonable distances from the schools maintained by the
26       sending school district or for pupils who, for any other reason deemed
27       sufficient by the board of education of the sending school district, should
28       attend school in a receiving school district;
29           (2) the contract shall make provision for the payment of tuition by
30       the sending school district to the receiving school district;
31           (3) if a sending school district is located in this state and the receiving
32       school district is located in another state, the amount of tuition provided
33       to be paid for the attendance of a pupil or pupils at school in the receiving
34       school district shall not exceed 1/2 of the amount of the budget per pupil
35       of the sending school district under the school district finance and quality
36       performance act for the current school year; and
37           (4) the contract shall make provision for transportation of pupils to
38       and from the school attended on every school day.
39           (f) Amounts received pursuant to contracts made and entered into
40       under authority of this section by a school district located in this state for
41       enrollment and attendance of pupils at school in regular educational pro-
42       grams shall be deposited in the general fund of the school district.
43           (g) The provisions of subsection (e)(3) do not apply to unified school

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  1       district No. 104, Jewell county.
  2           (h) The provisions of this section do not apply to contracts made and
  3       entered into under authority of the special education for exceptional chil-
  4       dren act.
  5           (i) The provisions of this section are deemed to be alternative to the
  6       provisions of K.S.A. 72-8233, and amendments thereto, and no procedure
  7       or authorization under K.S.A. 72-8233, and amendments thereto, shall be
  8       limited by the provisions of this section.
  9           Sec. 3. K.S.A. 1997 Supp. 72-6407 is hereby amended to read as
10       follows: 72-6407. (a) ``Pupil'' means any person who is regularly enrolled
11       in a district and attending kindergarten or any of the grades one through
12       12 maintained by the district or who is regularly enrolled in a district and
13       attending kindergarten or any of the grades one through 12 in another
14       district in accordance with an agreement entered into under authority of
15       K.S.A. 72-8233, and amendments thereto, or who is regularly enrolled in
16       a district and attending special education services provided for preschool-
17       aged exceptional children by the district. Except as otherwise provided
18       in this subsection, a pupil in attendance full time shall be counted as one
19       pupil. A pupil in attendance part time shall be counted as that proportion
20       of one pupil (to the nearest 1/10) that the pupil's attendance bears to
21       full-time attendance. A pupil attending kindergarten shall be counted as
22       1/2 pupil. A pupil enrolled in and attending an institution of postsecondary
23       education which is authorized under the laws of this state to award aca-
24       demic degrees shall be counted as one pupil if the pupil's postsecondary
25       education enrollment and attendance together with the pupil's atten-
26       dance in either of the grades 11 or 12 is at least 5/6 time, otherwise the
27       pupil shall be counted as that proportion of one pupil (to the nearest 1/10)
28       that the total time of the pupil's postsecondary education attendance and
29       attendance in grade 11 or 12, as applicable, bears to full-time attendance.
30       A pupil enrolled in and attending an area vocational school, area voca-
31       tional-technical school or approved vocational education program shall be
32       counted as one pupil if the pupil's vocational education enrollment and
33       attendance together with the pupil's attendance in any of grades nine
34       through 12 is at least 5/6 time, otherwise the pupil shall be counted as that
35       proportion of one pupil (to the nearest 1/10) that the total time of the
36       pupil's vocational education attendance and attendance in any of grades
37       nine through 12 bears to full-time attendance. A pupil enrolled in a dis-
38       trict and attending special education services, except special education
39       services for preschool-aged exceptional children, provided for by the dis-
40       trict shall be counted as one pupil. A pupil enrolled in a district and
41       attending special education services for preschool-aged exceptional chil-
42       dren provided for by the district shall be counted as 1/2 pupil. A pupil in
43       the custody of the secretary of social and rehabilitation services and en-

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  1       rolled in unified school district No. 259, Sedgwick county, Kansas, but
  2       housed, maintained, and receiving educational services at the Judge James
  3       V. Riddel Boys Ranch, shall be counted as two pupils. A pupil residing at
  4       the Flint Hills job corps center shall not be counted. A pupil confined in
  5       and receiving educational services provided for by a district at a juvenile
  6       detention facility shall not be counted. A pupil enrolled in a district but
  7       housed, maintained, and receiving educational services at a state institu-
  8       tion shall not be counted. A pupil enrolled in a district, but not meeting
  9       any of the requirements of K.S.A. 72-1046, and amendments thereto, for
10       school attendance in any district located in this state shall not be counted.
11           (b) ``Preschool-aged exceptional children'' means exceptional chil-
12       dren, except gifted children, who have attained the age of three years but
13       are under the age of eligibility for attendance at kindergarten.
14           (c) ``At-risk pupils'' means pupils who are eligible for free meals un-
15       der the national school lunch act and who are enrolled in a district which
16       maintains an approved at-risk pupil assistance plan.
17           (d) ``Enrollment'' means, for districts scheduling the school days or
18       school hours of the school term on a trimestral or quarterly basis, the
19       number of pupils regularly enrolled in the district on September 20 plus
20       the number of pupils regularly enrolled in the district on February 20
21       less the number of pupils regularly enrolled on February 20 who were
22       counted in the enrollment of the district on September 20; and for dis-
23       tricts not hereinbefore specified, the number of pupils regularly enrolled
24       in the district on September 20. Notwithstanding the foregoing, if en-
25       rollment in a district in any school year has decreased from enrollment
26       in the preceding school year, enrollment of the district in the current
27       school year may be computed on the basis of enrollment in the preceding
28       school year.
29           (e) ``Adjusted enrollment'' means enrollment adjusted by adding at-
30       risk pupil weighting, program weighting, low enrollment weighting, if any,
31       correlation weighting, if any, school facilities weighting, if any, ancillary
32       school facilities weighting, if any, and transportation weighting to enroll-
33       ment.
34           (f) ``At-risk pupil weighting'' means an addend component assigned
35       to enrollment of districts on the basis of enrollment of at-risk pupils.
36           (g) ``Program weighting'' means an addend component assigned to
37       enrollment of districts on the basis of pupil attendance in educational
38       programs which differ in cost from regular educational programs.
39           (h) ``Low enrollment weighting'' means an addend component as-
40       signed to enrollment of districts having under 1,800 enrollment on the
41       basis of costs attributable to maintenance of educational programs by such
42       districts in comparison with costs attributable to maintenance of educa-
43       tional programs by districts having 1,800 or over enrollment.

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  1           (i) ``School facilities weighting'' means an addend component as-
  2       signed to enrollment of districts on the basis of costs attributable to com-
  3       mencing operation of new school facilities. School facilities weighting may
  4       be assigned to enrollment of a district only if the district has adopted a
  5       local option budget and budgeted therein the total amount authorized for
  6       the school year. School facilities weighting may be assigned to enrollment
  7       of the district only in the school year in which operation of a new school
  8       facility is commenced and in the next succeeding school year.
  9           (j) ``Transportation weighting'' means an addend component assigned
10       to enrollment of districts on the basis of costs attributable to the provision
11       or furnishing of transportation.
12           (k) ``Correlation weighting'' means an addend component assigned to
13       enrollment of districts having 1,800 or over enrollment on the basis of
14       costs attributable to maintenance of educational programs by such dis-
15       tricts as a correlate to low enrollment weighting assigned to enrollment
16       of districts having under 1,800 enrollment.
17           (l) ``Ancillary school facilities weighting'' means an addend compo-
18       nent assigned to enrollment of districts to which the provisions of K.S.A.
19       1997 Supp. 72-6441, and amendments thereto, apply on the basis of costs
20       attributable to commencing operation of new school facilities. Ancillary
21       school facilities weighting may be assigned to enrollment of a district only
22       if the district has levied a tax under authority of K.S.A. 1997 Supp. 72-
23       6441, and amendments thereto, and remitted the proceeds from such tax
24       to the state treasurer. Ancillary school facilities weighting is in addition
25       to assignment of school facilities weighting to enrollment of any district
26       eligible for such weighting.
27           Sec. 4. K.S.A. 1997 Supp. 72-1046a, 72-6407 and 72-6757 are hereby
28       repealed.
29           Sec. 5. This act shall take effect and be in force from and after its
30       publication in the statute book.
31