Session of 1998
                   
SENATE BILL No. 445
         
By Committee on Education
         
1-15
            9             AN ACT concerning community colleges; relating to determination of
10             credit hour state aid and out-district tuition and state aid; amending
11             K.S.A. 71-1702 and K.S.A. 1997 Supp. 71-301 and 71-602 and re-
12             pealing the existing sections.
13            
14       Be it enacted by the Legislature of the State of Kansas:
15           Section 1. K.S.A. 1997 Supp. 71-301 is hereby amended to read as
16       follows: 71-301. (a) The board of trustees shall charge to and collect from
17       each student tuition at rates per credit hour enrolled which shall be es-
18       tablished by the board of trustees.
19           (b) The board of trustees, in accordance with rules and regulations
20       of the state board, shall determine an amount of out-district tuition to be
21       charged for each out-district student attending the community college.
22       The board of county commissioners of any county charged with payment
23       of out-district tuition shall levy a tax on all of the taxable property of the
24       county sufficient to pay all out-district tuition charges authorized by this
25       act. The proceeds from the tax levied under authority of this section shall
26       be deposited in a special fund for payment of out-district tuition. Upon
27       receiving a statement of charges for out-district tuition, the board of
28       county commissioners shall allow and pay the same from the special fund
29       within 45 days from the receipt of such statement. If there is insufficient
30       or no money in the special fund, out-district tuition shall be paid from
31       the county general fund or from the proceeds of the sale of no-fund
32       warrants issued for the purpose of the payment of out-district tuition. If
33       the board of county commissioners fails to pay such amount at the time
34       required under this subsection, the board of trustees shall notify the state
35       board of such failure to pay and shall certify to the state board the amount
36       to be paid. Upon receipt by the state board of such notification, the
37       amount to be paid as certified to the state board shall become an amount
38       due and owing to the state board. The state board shall notify the board
39       of county commissioners that this amount is now due and owing to the
40       state board. If the board of county commissioners fails to pay such amount
41       to the state board within 14 days of the receipt of such notification, the
42       state board shall initiate proceedings under K.S.A. 75-6201 et seq. for the
43       collection of such money. Money paid to or collected by the state board

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  1       under this subsection shall be deposited in the out-district tuition sus-
  2       pense account which is hereby created in the state treasury. The state
  3       board shall pay moneys from this account, in accordance with rules and
  4       regulations of the state board, to the community colleges entitled to re-
  5       ceive such money.
  6           (c) The total out-district tuition charged by a community college shall
  7       be an amount equal to the number of duly enrolled out-district students
  8       times $24 for each credit hour of each such student.
  9           (d) (1) Out-district tuition shall only be charged for credit hours of
10       out-district students if such students, as determined by the state board,
11       have not more than 64 credit hours from any institution of postsecondary
12       education or the students have not more than 72 credit hours and are
13       enrolled in terminal type nursing courses or freshman-sophomore level
14       preengineering courses.
15           (2) The credit hour limitations prescribed by provision (1) of this
16       subsection do not apply to credit hours of out-district students if such
17       students, as determined by the state board, are enrolled in an approved
18       vocational education program at a community college for the purpose of
19       receiving vocational or technical training or retraining in preparation for
20       gainful employment.
21           (e) (d) In May of each fiscal year, the board of trustees shall notify
22       the board of county commissioners of the approximate amount of out-
23       district tuition which will be charged to the county in the succeeding fiscal
24       year.
25           (f) (e) Expenditures for out-district tuition shall be exempt from the
26       budget law of this state to the extent of such payments not anticipated in
27       the budget of the county.
28           Sec. 2. K.S.A. 1997 Supp. 71-602 is hereby amended to read as fol-
29       lows: 71-602. (a) Each community college is entitled to receive credit
30       hour state aid. The basis for payments of credit hour state aid for com-
31       munity colleges for each credit hour of each duly enrolled student shall
32       be: (1) For each credit hour in any subject or course which is not part of
33       a vocational education program approved by the state board under the
34       statutory provisions of contained in article 44 of chapter 72 of Kansas
35       Statutes Annotated, an amount which shall be provided for by the legis-
36       lature in acts making appropriations for the credit hour state aid entitle-
37       ment of community colleges; and (2) for each credit hour in any subject
38       or course which is part of a vocational education program approved by
39       the state board under the statutory provisions of contained in article 44
40       of chapter 72 of Kansas Statutes Annotated, an amount which shall be
41       determined by the state board by multiplying by 11/2 the amount provided
42       for by the legislature under (1), except that the amount provided for by
43       the legislature under (1) for each credit hour of each student shall be

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  1       multiplied by two ;f the credit hour is in any subject or course which is
  2       part of an approved vocational education program which is offered in a
  3       community college which is also officially designated as an area vocational
  4       school by the state board or if the credit hour is in any subject or course
  5       which is part of an approved vocational education program transferred to
  6       a community college in accordance with an agreement made and entered
  7       into under authority of K.S.A. 71-1507, and amendments thereto.
  8           (b) Credit hour state aid payments shall be made only for credit hours
  9       of duly enrolled students if such students, as determined by the state
10       board, are residents of the state of Kansas or are considered residents of
11       the state of Kansas pursuant to the provisions of K.S.A. 1997 Supp. 71-
12       407, and amendments thereto.
13           (c) The determination of credit hours of duly enrolled students shall
14       be made at times prescribed by the state board of education.
15           Sec. 3. K.S.A. 71-1702 is hereby amended to read as follows: 71-
16       1702. (a) The governing body of an area vocational school or area voca-
17       tional-technical school which is consolidated with and made a part of a
18       community college in accordance with the provisions of this act shall enter
19       into a consolidation agreement with the board of trustees of the com-
20       munity college with which such area vocational school or area vocational-
21       technical school is consolidated.
22           (b) Every consolidation agreement entered into under this section
23       shall provide for:
24           (1) The disposition of all real property of the affected area vocational
25       school or area vocational-technical school, which disposition shall not be
26       in contravention of the provisions of subsection (d) of K.S.A. 71-201, and
27       amendments thereto;
28           (2) the disposition of all personal property, records and moneys, in-
29       cluding state and federal financial aid, of the affected area vocational
30       school or area vocational-technical school;
31           (3) the payment of all lawful debts of the affected area vocational
32       school or area vocational-technical school, including any outstanding
33       bonded indebtedness attributable to the operation thereof;
34           (4) the payment of all accrued compensation or salaries of all person-
35       nel of the affected area vocational school or area vocational-technical
36       school;
37           (5) the transfer of personnel, if such personnel are deemed necessary,
38       in the employment of the affected area vocational school or area voca-
39       tional-technical school to the employment of the community college; and
40           (6) such other matters as may need to be addressed as the result of
41       such consolidation by the affected area vocational school or area voca-
42       tional-technical school and the community college.
43           (c) Immediately upon execution of each consolidation agreement en-

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  1       tered into under this section, the state board of education shall be notified
  2       thereof by the board of trustees of the affected community college. The
  3       state board shall review and approve such consolidation agreement and,
  4       upon approval of such agreement, the state board, for purpose of deter-
  5       mining credit hour state aid under K.S.A. 71-602, and amendments
  6       thereto, shall issue an order officially designating the community college
  7       as an area vocational school.
  8           (d) When any conflict arises as to the proper disposition of property,
  9       records or funds or as to the assumption and payment of any debts as a
10       result of any consolidation effected under this act, such conflict shall be
11       determined and resolved by the state board of education and such de-
12       termination and resolution shall be final.
13           Sec. 4. K.S.A. 71-1702 and K.S.A. 1997 Supp. 71-301 and 71-602 are
14       hereby repealed.
15           Sec. 5. This act shall take effect and be in force from and after its
16       publication in the statute book.
17