[As Amended by House Committee of the Whole]
Session of 1999
HOUSE BILL No. 2061
By Committee on Education
1-20
10 AN ACT concerning community colleges; relating to determination and
11 payment of credit hour state aid; [off-campus instruction;] amending
12 K.S.A. 71-604, 71-605 and 71-1702 and K.S.A. 1998 Supp. 71-602 and
13 repealing the existing sections.
14
15 Be it enacted by the Legislature of the State of Kansas:
16 Section 1. K.S.A. 1998 Supp. 71-602 is hereby amended to read as
17 follows: 71-602. (a) Each community college is entitled to receive credit
18 hour state aid. The basis for payments of credit hour state aid for to
19 community colleges for each credit hour of each duly enrolled student
20 shall be: (1) For each credit hour in any subject or course which is not
21 part of a vocational education program approved by the state board under
22 the statutory provisions of contained in article 44 of chapter 72 of Kansas
23 Statutes Annotated, an amount which shall be provided for by the legis-
24 lature in acts making appropriations for the credit hour state aid entitle-
25 ment of community colleges; and (2) for each credit hour in any subject
26 or course which is part of a vocational education program approved by
27 the state board under the statutory provisions of contained in article 44
28 of chapter 72 of Kansas Statutes Annotated, an amount which shall be
29 determined by the state board by multiplying by 11/2 two the amount
30 provided for by the legislature under (1), except that the amount provided
31 for by the legislature under (1) for each credit hour of each student shall
32 be multiplied by two if the credit hour is in any subject or course which
33 is part of an approved vocational education program which is offered in
34 a community college which is also officially designated as an area voca-
35 tional school by the state board or if the credit hour is in any subject or
36 course which is part of an approved vocational education program trans-
37 ferred to a community college in accordance with an agreement made
38 and entered into under authority of K.S.A. 71-1507, and amendments
39 thereto.
40 (b) Credit hour state aid payments shall be made only for credit hours
41 of duly enrolled students if such students, as determined by the state
42 board, are residents of the state of Kansas or are considered residents of
43 the state of Kansas pursuant to the provisions of K.S.A. 1998 Supp. 71-
44 407, and amendments thereto.
45 (c) The determination of credit hours of duly enrolled students shall
46 be made at times prescribed by the state board of education.
47 Sec. 2. K.S.A. 71-604 is hereby amended to read as follows: 71-604.
48 (a) From the reports and information submitted under K.S.A. 71-603,
49 and amendments thereto provided by the community colleges, and from
50 other information available to it such audits and investigations as are
51 conducted by the state department of education, the state board shall
52 determine the amount the each community college is entitled to receive
53 as provided in K.S.A. 71-602 and 71-607 and K.S.A. 71-619, and amend-
54 ments to such sections state aid.
55 (b) If the amount of any appropriation for credit hour state aid shall
56 be insufficient to pay in full the amount each community college is en-
57 titled to receive for credit hour state aid, then the amount so appropriated
58 shall be prorated among all community colleges in proportion to the
59 amount each is entitled to receive. If the amount of any appropriation for
60 out-district state aid shall be insufficient to pay in full the amount each
61 community college is entitled to receive for out-district state aid, then the
62 amount so appropriated shall be prorated among all community colleges
63 in proportion to the amount each is entitled to receive.
64 (c) The state board may audit the records of any community college
65 applying for a part of any money appropriated for state aid, to verify the
66 accuracy of the reports submitted by the community college. The state
67 board may adopt rules and regulations for the administration of this act
68 and acts amendatory thereof.
69 (d) In the event any community college is paid more than the amount
70 it is entitled to receive under any distribution made under this act or acts
71 amendatory thereof as state aid, the state board shall notify the com-
72 munity college of the amount of the overpayment and the community
73 college shall remit the same to the state board and it the state board shall
74 deposit the same in the state treasury to the credit of the general fund,
75 and if any such community college fails so to remit, the state board shall
76 deduct the excess amount so paid from future payments becoming due
77 to such community college.
78 (e) In the event any community college is paid less than the amount
79 to which it is entitled under any distribution made under this act and acts
80 amendatory thereof to receive as state aid, the state board shall pay the
81 additional amount due at any time within the fiscal year in which the
82 underpayment was made or within 60 days after the end of such fiscal
83 year.
84 Sec. 3. K.S.A. 71-605 is hereby amended to read as follows: 71-605.
85 (a) The distribution of the appropriation for credit hour state aid and out-
86 district state aid shall be made three times each school fiscal year as
87 follows: The first payment shall be made on October 1 and shall be in an
88 amount equal to 50% of the preceding school fiscal year's credit hour
89 state aid entitlement of the community college. Subject to the provisions
90 of subsection (c), The second payment shall be made on December 1 and
91 shall be in an amount which is equal to the balance of the summer and
92 fall sessions' total credit hour state aid entitlement and the full amount
93 of the summer and fall sessions' out-district state aid entitlement, with
94 adjustment for any overpayment or underpayment resulting from com-
95 putation of the first payment. The third payment shall be made on April
96 1 and shall be the full amount of the spring session's credit hour state aid
97 entitlement and the spring session's out-district state aid entitlement, with
98 adjustment for any underpayments or overpayments theretofore occur-
99 ring. The state board shall certify, on or before November 25 and March
100 25 of each year, to the director of accounts and reports the amount due
101 to each community college from such appropriation on the first day of
102 December, or for the December 1, 1987, payment on the date specified
103 in subsection (c) or on the first day of April, as the case may be, and the
104 director of accounts and reports shall draw a warrant upon the state trea-
105 surer in favor of the community college for such amount. Upon receipt
106 of the warrant, the treasurer of the community college shall credit the
107 same amount of the warrant to the general fund of the community
108 college.
109 (b) The distribution of the appropriation for general state aid shall
110 be made at a time to be determined by the state board. The state board
111 shall certify to the director of accounts and reports the amount due to
112 each community college from such appropriation, and the director of
113 accounts and reports shall draw a warrant upon the state treasurer in
114 favor of the community college for such amount. Upon receipt of the
115 warrant, the treasurer of the community college shall credit the same
116 amount of the warrant to the general fund of the community college.
117 (c) The credit hour state aid and out-district state aid to be paid De-
118 cember 1, 1987, shall be deferred and shall be paid January 4, 1988.
119 Sec. 4. K.S.A. 71-1702 is hereby amended to read as follows: 71-
120 1702. (a) The governing body of an area vocational school or area voca-
121 tional-technical school which is consolidated with and made a part of a
122 community college in accordance with the provisions of this act shall enter
123 into a consolidation agreement with the board of trustees of the com-
124 munity college with which such area vocational school or area vocational-
125 technical school is consolidated.
126 (b) Every consolidation agreement entered into under this section
127 shall provide for:
128 (1) The disposition of all real property of the affected area vocational
129 school or area vocational-technical school, which disposition shall not be
130 in contravention of the provisions of subsection (d) of K.S.A. 71-201, and
131 amendments thereto;
132 (2) the disposition of all personal property, records and moneys, in-
133 cluding state and federal financial aid, of the affected area vocational
134 school or area vocational-technical school;
135 (3) the payment of all lawful debts of the affected area vocational
136 school or area vocational-technical school, including any outstanding
137 bonded indebtedness attributable to the operation thereof;
138 (4) the payment of all accrued compensation or salaries of all person-
139 nel of the affected area vocational school or area vocational-technical
140 school;
141 (5) the transfer of personnel, if such personnel are deemed necessary,
142 in the employment of the affected area vocational school or area voca-
143 tional-technical school to the employment of the community college; and
144 (6) such other matters as may need to be addressed as the result of
145 such consolidation by the affected area vocational school or area voca-
146 tional-technical school and the community college.
147 (c) Immediately upon execution of each consolidation agreement en-
148 tered into under this section, the state board of education shall be notified
149 thereof by the board of trustees of the affected community college. The
150 state board shall review and approve such consolidation agreement and
151 upon approval of such agreement, the state board, for purpose of deter-
152 mining credit hour state aid under K.S.A. 71-602, and amendments
153 thereto, shall issue an order officially designating the community college
154 as an area vocational school.
155 (d) When any conflict arises as to the proper disposition of property,
156 records or funds or as to the assumption and payment of any debts as a
157 result of any consolidation effected under this act, such conflict shall be
158 determined and resolved by the state board of education and such de-
159 termination and resolution shall be final.
160 [New Sec. 5. (a) For the purpose of offering and providing off-
161 campus instruction and courses of study at the Fort Riley military
162 reservation, any community college board of trustees is hereby
163 authorized to enter into agreements with the United States of
164 America or any department or agency thereof. Credit for such
165 study shall be given and accredited in the same manner and to the
166 same extent as other community college credit is given and
167 accredited.
168 [(b) Any community college board shall receive, deposit and
169 disburse all funds due or to become due for off-campus instruction
170 at Fort Riley military reservation in the same manner as other
171 funds belonging to the board. All funds received as provided in
172 this section, or which have been received, shall be available and
173 expended for such off-campus instruction and other lawful pur-
174 poses of the board without regard to any restrictions or limitations
175 contained in the budget law.]
176 Sec. \ fs\ 5 [6]. K.S.A. 71-604, 71-605 and 71-1702 and K.S.A. 1998 Supp.
177 71-602 are hereby repealed.
178 Sec. \ fs\ 6 [7]. This act shall take effect and be in force from and after
179 its publication in the statute book.