Session of 1999
         
HOUSE BILL No. 2462
         
By Representatives O'Connor, Farmer, Neufeld, Powell and Wagle
          
2-10
          
  9             AN  ACT enacting the Kansas parent control of education act; amending
10             K.S.A. 1998 Supp. 72-1046a and 72-6407 and repealing the existing
11             sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             New Section  1. This act shall be known and may be cited as the
15       Kansas parent control of education act. It is the purpose of this act to
16       establish a statewide program under which the parents of eligible children
17       are empowered to exercise choice in the selection of schools for enroll-
18       ment and attendance of such children.
19             New Sec.  2. As used in this act:
20             (a) "Program eligible child" means any person who is (1) A resident
21       of this state; (2) school age and eligible for enrollment in school and
22       attendance at kindergarten or any of the grades one through 12; (3) if
23       enrolled in and attending a private elementary or secondary school, com-
24       plying with the requirements of section 8, and amendments thereto; (4)
25       eligible for free or reduced cost meals under the national school lunch
26       act; (5) for the 1999-2000 school year, a pupil who was enrolled and in
27       attendance at school in a unified school district during the 1998-99 school
28       year; and (6) for the 2000-01 school year and each school year thereafter,
29       the term program eligible child means any person who meets the require-
30       ments of provisions (1) through (4) of this subsection. The force and effect
31       of provision (5) shall expire on June 30, 2000.
32             (b) "Parent" means and includes natural parents, adoptive parents,
33       stepparents, foster parents, and persons acting as parents.
34             (c) "Person acting as parent" means: (1) A guardian or conservator;
35       or (2) a person, other than a parent, who is liable by law to maintain, care
36       for, or support the child, or who has actual care and control of the child
37       and is contributing the major portion of the cost of support of the child,
38       or who has actual care and control of the child with the written consent
39       of a person who has legal custody of the child, or who has been granted
40       custody of the child by a court of competent jurisdiction.
41             (d) "Kansas school of choice" means: (1) Any public school operated
42       in a unified school district by a board of education that has opted to accept
43       vouchers from the parents of program eligible children; and (2) any non-

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  1       public school operated by a board of education or other governing au-
  2       thority that has opted to accept vouchers from the parents of program
  3       eligible children.
  4             (e) "Nonpublic school" means any nonpublic school which: (1) Is lo-
  5       cated within the state of Kansas; and (2) is accredited by the state board
  6       or is a private elementary or secondary school.
  7             (f) "Private elementary or secondary school" means a school which is
  8       defined in K.S.A. 72-53,100, and amendments thereto, and which is in
  9       compliance with the requirements of K.S.A. 72-53,101, and amendments
10       thereto.
11             (g) "Voucher amount" means an amount determined in each school
12       year by the state board as follows: (1) For program eligible children who
13       have not been determined to be exceptional children and who are (A)
14       children enrolled in kindergarten, an amount for the 1999-2000 school
15       year that is equal to 12.5% of the amount of base state aid per pupil for
16       such school year, for the 2000-01 school year that is equal to 15% of the
17       amount of base state aid per pupil for such school year, for the 2001-02
18       school year that is equal to 17.5% of the amount of base state aid per
19       pupil for such school year, for the 2002-03 school year that is equal to
20       20% of the amount of base state aid per pupil for such school year, for
21       the 2003-04 school year that is equal to 22.5% of the amount of base state
22       aid per pupil for such school year, for the 2004-05 school year, and each
23       school year thereafter, that is equal to 25% of the amount of base state
24       aid per pupil for each such school year, respectively; (B) children enrolled
25       in any of the grades one through six, an amount for the 1999-2000 school
26       year that is equal to 25% of the amount of base state aid per pupil for
27       such school year, for the 2000-01 school year that is equal to 30% of the
28       amount of base state aid per pupil for such school year, for the 2001-02
29       school year that is equal to 35% of the amount of base state aid per pupil
30       for such school year, for the 2002-03 school year that is equal to 40% of
31       the amount of base state aid per pupil for such school year, for the 2003-
32       04 school year that is equal to 45% of the amount of base state aid per
33       pupil for such school year, for the 2004-05 school year and each school
34       year thereafter that is equal to 50% of the amount of base state aid per
35       pupil for each such school year, respectively; (C) children enrolled in
36       either of the grades seven or eight, an amount for the 1999-2000 school
37       year that is equal to 37.5% of the amount of base state aid per pupil for
38       such school year, for the 2000-01 school year that is equal to 45% of the
39       amount of base state aid per pupil for such school year, for the 2001-02
40       school year that is equal to 52.5% of the amount of base state aid per
41       pupil for such school year, for the 2002-03 school year that is equal to
42       60% of the amount of base state aid per pupil for such school year, for
43       the 2003-04 school year that is equal to 67.5% of the amount of base state

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  1       aid per pupil for such school year, for the 2004-05 school year and each
  2       school year thereafter that is equal to 75% of the amount of base state
  3       aid per pupil for each such school year, respectively; (D) children enrolled
  4       in any of the grades nine through 12, an amount for the 1999-2000 school
  5       year that is equal to 50% of the amount of base state aid per pupil for
  6       such school year, for the 2000-01 school year that is equal to 60% of the
  7       amount of base state aid per pupil for such school year, for the 2001-02
  8       school year that is equal to 70% of the amount of base state aid per pupil
  9       for such school year, for the 2002-03 school year that is equal to 80% of
10       the amount of base state aid per pupil for such school year, for the 2003-
11       04 school year that is equal to 90% of the amount of base state aid per
12       pupil for such school year, for the 2004-05 school year and each school
13       year thereafter that is equal to the amount of base state aid per pupil for
14       each such school year, respectively; and (2) for program eligible children
15       who have been determined to be exceptional children, an amount that is
16       equal to the product obtained by multiplying by 1 1/2 the amounts spec-
17       ified in provision (1) for children enrolled in kindergarten and the re-
18       spective grades for the respective school years.
19             (h) "State financial aid" and "base state aid per pupil" have the mean-
20       ings respectively ascribed thereto in K.S.A. 72-6410, and amendments
21       thereto.
22             (i) "School district assessment program" means a program conducted
23       by a school district under which tests reflecting nationally recognized
24       standards for the sole purpose of measuring individual academic achieve-
25       ment are administered to pupils. The program shall include, but not by
26       way of limitation, utilization of such tests as the California achievement
27       test, the Iowa test of basic skills, the Metropolitan achievement test, and
28       the Stanford achievement test.
29             (j) "Satisfactory academic achievement" means scoring at or above
30       the national average on the tests administered under a school district
31       assessment program.
32             (k) "Postsecondary education trust fund beneficiary" or "trust fund
33       beneficiary" means any person who is: (1) A former program eligible child
34       who was enrolled at a Kansas school of choice; (2) enrolled at an eligible
35       postsecondary education institution; and (3) entitled to an amount held
36       in trust by the state in the Kansas school voucher savings trust fund.
37             (l) "Eligible postsecondary education institution" means an institu-
38       tion of postsecondary education which: (1) Qualifies as an eligible insti-
39       tution for federal student aid programs under title IV of the higher ed-
40       ucation act of 1965, as amended; and (2) the main campus or principal
41       place of operation of which institution is located in Kansas.
42             (m) "State board" means the state board of education.
43             New Sec.  3. (a) (1) In order to achieve the purpose of this act, the

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  1       state board shall establish and effectuate a program under which the
  2       parent of any program eligible child receives from the state board in each
  3       school year, upon application, a voucher that may be redeemed for pay-
  4       ment of the costs of enrollment of the child at a Kansas school of choice
  5       selected by the child's parent. Voucher applications shall be on a form
  6       prescribed and furnished by the state board. The state board shall not
  7       impose upon applicant parents any application requirements which are
  8       unduly burdensome. The application shall request only such information
  9       as necessary to determine program eligibility and to efficiently administer
10       the program. No voucher in excess of the voucher amount, as defined in
11       subsection (g) of section 2, and amendments thereto, shall be issued in
12       any school year. No parent shall apply for or receive a voucher for pay-
13       ment of the costs of enrollment of a child at a public Kansas school of
14       choice that the child is entitled to attend under the provisions of K.S.A.
15       72-1046, and amendments thereto.
16             (2) The provisions of this subsection are subject to the provisions of
17       subsection (d).
18             (b) The application for a voucher shall be submitted to the board of
19       education of the school district in which the child resides or in which the
20       Kansas school of choice selected by the child's parent for enrollment of
21       the child is located. If an application for a voucher is submitted to the
22       board of education of a school district, the board of education shall trans-
23       mit the application, immediately upon receipt, to the state board.
24             (c) The state board shall compute the savings realized by the state
25       for the 1999-2000 school year and each school year thereafter due to
26       maintenance of the program in each such school year, respectively, by:
27       (1) Determining the number of program eligible children who partici-
28       pated in the program in each respective school year and multiplying such
29       number by the voucher amount, as defined in subsection (g) of section
30       2, and amendments thereto, for each such school year, respectively; (2)
31       computing the amount of state financial aid that would have been paid
32       to unified school districts in the 1999-2000 school year and each school
33       year thereafter, respectively, on the basis of enrollment of such children
34       in each such school year; and (3) subtracting the product obtained under
35       (1) from the amount computed under (2) on the basis of computations
36       made for determining the savings realized for each school year, respec-
37       tively. An audit shall be conducted of the computations made by the state
38       board for determining the savings realized for each school year. The au-
39       ditor to conduct such audits shall be specified in accordance with K.S.A.
40       46-1122, and amendments thereto. The cost of such audits shall be borne
41       by the state board.
42             (d) For the 2000-01 school year and each school year thereafter, the
43       state board shall award vouchers to parents of program eligible children

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  1       in the order in which applications are received until the amount of savings
  2       realized by the state due to maintenance of the program in the preceding
  3       school year, as computed under subsection (c), is depleted. Application
  4       forms shall be marked with the date and time of receipt.
  5             New Sec.  4. (a) Subject to the provisions of subsection (b), a Kansas
  6       school of choice shall admit program eligible children who have received
  7       vouchers and who apply for admission, up to the limit of the school's
  8       capacity after reserving places for children required or entitled to be
  9       admitted to the school.
10             (b) A nonpublic Kansas school of choice shall establish criteria for
11       the admission of program eligible children. Such criteria shall be consis-
12       tent with the admissions criteria that the school regularly applies. In the
13       case of a public Kansas school of choice, the state board shall establish
14       criteria for the equitable allocation of places for program eligible children
15       if there are insufficient places to serve all such children requesting
16       placement.
17             (c) The state board shall establish a procedure for ensuring that no
18       school district experiences a decrease in enrollment in the 1999-2000
19       school year, as a result of participation by program eligible children in
20       the program, that is in excess of the percentage applicable to the district
21       under this subsection from the enrollment of the district in the 1998-99
22       school year. For the purpose of this subsection, the percentage applicable
23       to a district with under 400 enrollment is 4%, the percentage applicable
24       to a district with 400-1,999 enrollment is 7%, and the percentage appli-
25       cable to a district with 2,000 or over enrollment is 10%. The provisions
26       of this subsection shall expire on June 30, 2000.
27             New Sec.  5. (a) A Kansas school of choice shall provide assurance to
28       the state board that the amount of the costs of enrollment charged a
29       program eligible child will not be greater than the amount of the costs of
30       enrollment regularly charged by the school. If the voucher amount for
31       any school year is in excess of the amount of the costs of enrollment
32       charged by a Kansas school of choice for enrollment of a program eligible
33       child, the state board shall remit the excess amount to the state treasurer.
34       All such amounts remitted to the state treasurer shall be deposited in the
35       state treasury to the credit of the Kansas school voucher savings trust
36       fund, shall be allocated within the fund to the account of the program
37       eligible child entitled to the voucher, and shall be held in trust for the
38       child for application toward tuition and fees charged for enrollment at an
39       eligible postsecondary education institution.
40             (b) Prior to the commencement of each school year:
41             (1) The state board shall prepare a list of all Kansas schools of choice
42       that will be accepting vouchers from the parents of program eligible chil-
43       dren for the school year. Such list shall be maintained on file in the state

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  1       department of education and shall be made available to members of the
  2       public upon request; and
  3             (2) the board of education of each school district shall provide the
  4       parents of all known children who will be enrolling in school and who are
  5       qualified to be program eligible children with information regarding the
  6       program and the procedure to be followed in applying for participation
  7       in the program.
  8             New Sec.  6. (a) Vouchers received under this act shall be redeemed
  9       upon certification by a Kansas school of choice that a program eligible
10       child is enrolled and in attendance at the school. The state board shall
11       certify to the director of accounts and reports the amount due the parent
12       of each program eligible child. The director of accounts and reports shall
13       issue a warrant to the parent of the program eligible child and shall cause
14       the warrant to be delivered to the school in which the child is enrolled.
15       The parent of the program eligible child shall use the warrant for payment
16       of the costs of enrollment of the child. If a program eligible child discon-
17       tinues attendance at a Kansas school of choice before the end of the
18       school year, the entire amount which the child would otherwise qualify
19       to have refunded, if any, up to the amount paid by the state pursuant to
20       the voucher redeemed by the parent of the child, shall be paid by the
21       school to the state board. The state board shall remit any amounts so
22       received to the state treasurer, and the state treasurer shall deposit the
23       same in the state treasury to the credit of the state school district finance
24       fund.
25             (b) The amount of any voucher redeemed under this act shall not be
26       considered gross income and shall not be taxable for Kansas income tax
27       purposes.
28             New Sec.  7. (a) (1) Each Kansas school of choice shall:
29             (A) Comply with the provisions of subsection (a) of section 5; and
30             (B) publish or otherwise make available information regarding the
31       school's program of instruction, achievement data regarding children at-
32       tending the school (which data shall be stated in the aggregate by grades
33       maintained by the school), incidence of drug abuse, and school discipline
34       and safety.
35             (2) Each Kansas school of choice, prior to commencing school in each
36       school year, shall certify to the state board the amount of the costs of
37       enrollment to be charged in such school year.
38             (b) The state board shall monitor the academic performance of pro-
39       gram eligible children attending Kansas schools of choice. If the state
40       board determines in any school year that none of the children attending
41       any such school are demonstrating satisfactory academic achievement or
42       that any such school is not meeting the requirements of subsection (a),
43       the school shall not be eligible to accept vouchers from the parents of

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  1       program eligible children in the succeeding school year.
  2             New Sec.  8. (a) In order for a child enrolled in and attending a Kan-
  3       sas school of choice that is a private elementary or secondary school to
  4       remain a program eligible child, the child shall participate in the school
  5       district assessment program conducted by the school district in which the
  6       child resides or in which the private elementary or secondary school is
  7       located.
  8             (b) The board of education of each school district shall provide for
  9       participation of any program eligible child enrolled in and attending a
10       Kansas school of choice that is a private elementary or secondary school
11       in the school district assessment program. In providing for participation
12       of the child in an assessment program, the board of education of the
13       school district shall determine the date, time, place and method of par-
14       ticipation; provide the parent of the child at least 15 calendar days' notice
15       of the date, time, place and method of participation in the assessment
16       program; evaluate the results obtained from assessment of the child; and
17       report the assessment results of the child to the parent of the child. Fail-
18       ure of the child to comply with the provisions of this section or to dem-
19       onstrate satisfactory academic achievement shall result in forfeiture of
20       eligibility of the child for participation in the program at the school in
21       which the child is enrolled and in attendance.
22             New Sec.  9. (a) For the purpose of encouraging Kansas schools of
23       choice to cooperate with the state in the provision of postsecondary ed-
24       ucation opportunities for Kansas children by holding the costs of enroll-
25       ment under the voucher amount determined for each school year, there
26       is established in the state treasury the Kansas school voucher savings trust
27       fund. The fund shall consist of all amounts credited thereto under the
28       provisions of subsection (a) of section 5, and amendments thereto.
29       Amounts in the fund shall be held in trust accounts for program eligible
30       children for later application toward tuition and fees charged by eligible
31       postsecondary education institutions.
32             (b) In order to be eligible for payments from the trust fund, postse-
33       condary education trust fund beneficiaries shall submit an application for
34       payment to the state board. Applications shall contain such information
35       and be prepared and submitted in such form and manner as the state
36       board shall require.
37             (c) The amount of payment on behalf of a trust fund beneficiary from
38       the Kansas school voucher savings trust fund to an eligible postsecondary
39       education institution shall be the amount of the total tuition and required
40       fees of the beneficiary for an academic year or the amount credited to
41       the account of the beneficiary in the trust fund, whichever is the lesser
42       amount. Payments may be made on behalf of a trust fund beneficiary to
43       an eligible postsecondary education institution until the amount credited

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  1       to the account of the beneficiary is depleted or until the beneficiary attains
  2       26 years of age, whichever occurs sooner. Any amount in the account of
  3       a trust fund beneficiary upon attainment of 26 years of age by the ben-
  4       eficiary or at the time of death of the beneficiary prior to attainment of
  5       26 years of age shall be transferred from the Kansas school voucher sav-
  6       ings trust fund to the state school district finance fund.
  7             (d) Payments on behalf of a trust fund beneficiary from the trust fund
  8       shall be made at the beginning of an academic year upon certification by
  9       an eligible postsecondary education institution that the beneficiary is en-
10       rolled and in attendance at the institution. The state board shall certify
11       to the director of accounts and reports the amount due the trust fund
12       beneficiary. The director of accounts and reports shall issue a warrant to
13       the beneficiary and shall cause the warrant to be delivered to the insti-
14       tution at which the beneficiary is enrolled. The beneficiary shall use the
15       warrant for payment of tuition and fees at the institution. If the benefi-
16       ciary discontinues attendance at the institution before the end of the
17       academic year, the entire amount which the beneficiary would otherwise
18       qualify to have refunded, up to the amount paid by the state on behalf
19       of the beneficiary, shall be paid by the institution to the state board. The
20       state board shall remit any amount so received to the state treasurer and
21       the state treasurer shall deposit the same in the state treasury. If the
22       beneficiary has not attained 26 years of age, the state board shall direct
23       the state treasurer to credit the remitted amount to the account of the
24       beneficiary in the Kansas school voucher savings trust fund. If the ben-
25       eficiary has attained 26 years of age, the state board shall direct the state
26       treasurer to credit the remitted amount to the state school district finance
27       fund.
28             (e) All interest earnings received from investment of moneys in the
29       Kansas school voucher savings trust fund shall be credited to the fund.
30       On or before the 10th of each month, the director of accounts and reports
31       shall transfer from the state general fund to the trust fund interest earn-
32       ings based on: (1) The average daily balance of moneys in the trust fund
33       for the preceding month; and (2) the net earnings rate for the pooled
34       money investment portfolio for the preceding month. Sufficient liquidity
35       shall be maintained so that there shall be money available to make all
36       payments on behalf of trust fund beneficiaries which may be approved
37       by the state board.
38             New Sec.  10. Nothing in this act shall be applied or construed in any
39       manner so as to create, effectuate, change or superinduce any power,
40       duty or function of the state board with respect to regulation or super-
41       vision of nonpublic schools in this state. Nothing in this act shall be ap-
42       plied or construed in any manner so as to regulate or prohibit free exercise
43       in matters of curriculum, creed or practice of any nonpublic Kansas school

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  1       of choice.
  2             New Sec.  11. Upon completion of the 2001-02 school year, the state
  3       board shall evaluate the Kansas parent control of education program,
  4       assess the impact the program has had on the educational system of the
  5       state, determine the total amount of savings realized by the state due to
  6       maintenance of the program, and make a recommendation to the gov-
  7       ernor and the legislature with regard to continuation or termination of
  8       the program.
  9             Sec.  12. K.S.A. 1998 Supp. 72-1046a is hereby amended to read as
10       follows: 72-1046a. (a) The board of education of any school district is
11       hereby authorized to permit pupils who are not residents of the school
12       district to enroll in and attend the schools of the district. The board of
13       education may permit such pupils to attend school without charge or,
14       subject to the provisions of subsection (b) and subsection (c), may charge
15       such pupils for attendance at school to offset, totally or in part, the costs
16       of providing for such attendance. Amounts received under this subsection
17       by the board of education of a school district for enrollment and attend-
18       ance of pupils at school in regular educational programs shall be deposited
19       in the general fund of the school district.
20             (b) Pupils who are not residents of a school district and are attending
21       the schools of the school district in accordance with the provisions of an
22       agreement entered into under authority of K.S.A. 72-8233, and amend-
23       ments thereto, shall not be charged for attendance at school. The costs
24       of providing for the attendance of such pupils at school shall be paid by
25       the school district of residence of the pupils in accordance with the pro-
26       visions of the agreement.
27             (c) Pupils who are not residents of a school district and are attending
28       the schools of the school district as program eligible children in accord-
29       ance with the provisions of the Kansas parent control of education act
30       shall not be charged an amount greater than the voucher amount, deter-
31       mined under the act by the state board of education, for payment of the
32       costs of providing for the attendance of such pupils at school.
33             (d) Amounts received under this section by the board of education of
34       a school district for enrollment and attendance of pupils at school in reg-
35       ular educational programs shall be deposited in the general fund of the
36       school district.
37             Sec.  13. K.S.A. 1998 Supp. 72-6407 is hereby amended to read as
38       follows: 72-6407. (a) "Pupil" means any person who is regularly enrolled
39       in a district and attending kindergarten or any of the grades one through
40       12 maintained by the district or who is regularly enrolled in a district and
41       attending kindergarten or any of the grades one through 12 in another
42       district in accordance with an agreement entered into under authority of
43       K.S.A. 72-8233, and amendments thereto, or who is regularly enrolled in

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  1       a district and attending special education services provided for preschool-
  2       aged exceptional children by the district. Except as otherwise provided
  3       in this subsection, a pupil in attendance full time shall be counted as one
  4       pupil. A pupil in attendance part time shall be counted as that proportion
  5       of one pupil (to the nearest 1/10) that the pupil's attendance bears to full-
  6       time attendance. A pupil attending kindergarten shall be counted as 12
  7       pupil. A pupil enrolled in and attending an institution of postsecondary
  8       education which is authorized under the laws of this state to award aca-
  9       demic degrees shall be counted as one pupil if the pupil's postsecondary
10       education enrollment and attendance together with the pupil's attend-
11       ance in either of the grades 11 or 12 is at least 56 time, otherwise the
12       pupil shall be counted as that proportion of one pupil (to the nearest 1/10)
13       that the total time of the pupil's postsecondary education attendance and
14       attendance in grade 11 or 12, as applicable, bears to full-time attendance.
15       A pupil enrolled in and attending an area vocational school, area voca-
16       tional-technical school or approved vocational education program shall be
17       counted as one pupil if the pupil's vocational education enrollment and
18       attendance together with the pupil's attendance in any of grades nine
19       through 12 is at least 56 time, otherwise the pupil shall be counted as that
20       proportion of one pupil (to the nearest 1/10) that the total time of the
21       pupil's vocational education attendance and attendance in any of grades
22       nine through 12 bears to full-time attendance. A pupil enrolled in a dis-
23       trict and attending special education services, except special education
24       services for preschool-aged exceptional children, provided for by the dis-
25       trict shall be counted as one pupil. A pupil enrolled in a district and
26       attending special education services for preschool-aged exceptional chil-
27       dren provided for by the district shall be counted as 12 pupil. A preschool-
28       aged at-risk pupil enrolled in a district and receiving services under an
29       approved at-risk pupil assistance plan maintained by the district shall be
30       counted as 12 pupil. A pupil in the custody of the secretary of social and
31       rehabilitation services and enrolled in unified school district No. 259,
32       Sedgwick county, Kansas, but housed, maintained, and receiving educa-
33       tional services at the Judge James V. Riddel Boys Ranch, shall be counted
34       as two pupils. A pupil residing at the Flint Hills job corps center shall not
35       be counted. A pupil confined in and receiving educational services pro-
36       vided for by a district at a juvenile detention facility shall not be counted.
37       A pupil enrolled in a district but housed, maintained, and receiving ed-
38       ucational services at a state institution shall not be counted. A pupil en-
39       rolled and attending school in a district as a program eligible child in
40       accordance with the provisions of the Kansas parent control of education
41       act shall not be counted.
42             (b) "Preschool-aged exceptional children" means exceptional chil-
43       dren, except gifted children, who have attained the age of three years but

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  1       are under the age of eligibility for attendance at kindergarten.
  2             (c) "At-risk pupils" means pupils who are eligible for free meals un-
  3       der the national school lunch act and who are enrolled in a district which
  4       maintains an approved at-risk pupil assistance plan.
  5             (d) "Preschool-aged at-risk pupil" means an at-risk pupil who has
  6       attained the age of four years, is under the age of eligibility for attendance
  7       at kindergarten, and has been selected by the state board in accordance
  8       with guidelines consonant with guidelines governing the selection of pu-
  9       pils for participation in head start programs. The state board shall select
10       not more than 1,350 preschool-aged at-risk pupils to be counted in any
11       school year.
12             (e) "Enrollment" means, for districts scheduling the school days or
13       school hours of the school term on a trimestral or quarterly basis, the
14       number of pupils regularly enrolled in the district on September 20 plus
15       the number of pupils regularly enrolled in the district on February 20
16       less the number of pupils regularly enrolled on February 20 who were
17       counted in the enrollment of the district on September 20; and for dis-
18       tricts not hereinbefore specified, the number of pupils regularly enrolled
19       in the district on September 20. Notwithstanding the foregoing, if en-
20       rollment in a district in any school year has decreased from enrollment
21       in the preceding school year, enrollment of the district in the current
22       school year may be computed on the basis of enrollment in the preceding
23       school year.
24             (f) "Adjusted enrollment" means enrollment adjusted by adding at-
25       risk pupil weighting, program weighting, low enrollment weighting, if any,
26       correlation weighting, if any, school facilities weighting, if any, ancillary
27       school facilities weighting, if any, and transportation weighting to
28       enrollment.
29             (g) "At-risk pupil weighting" means an addend component assigned
30       to enrollment of districts on the basis of enrollment of at-risk pupils.
31             (h) "Program weighting" means an addend component assigned to
32       enrollment of districts on the basis of pupil attendance in educational
33       programs which differ in cost from regular educational programs.
34             (i) "Low enrollment weighting" means an addend component as-
35       signed to enrollment of districts having under 1,750 enrollment on the
36       basis of costs attributable to maintenance of educational programs by such
37       districts in comparison with costs attributable to maintenance of educa-
38       tional programs by districts having 1,750 or over enrollment.
39             (j) "School facilities weighting" means an addend component as-
40       signed to enrollment of districts on the basis of costs attributable to com-
41       mencing operation of new school facilities. School facilities weighting may
42       be assigned to enrollment of a district only if the district has adopted a
43       local option budget and budgeted therein the total amount authorized for

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  1       the school year. School facilities weighting may be assigned to enrollment
  2       of the district only in the school year in which operation of a new school
  3       facility is commenced and in the next succeeding school year.
  4             (k) "Transportation weighting" means an addend component as-
  5       signed to enrollment of districts on the basis of costs attributable to the
  6       provision or furnishing of transportation.
  7             (l) "Correlation weighting" means an addend component assigned to
  8       enrollment of districts having 1,750 or over enrollment on the basis of
  9       costs attributable to maintenance of educational programs by such dis-
10       tricts as a correlate to low enrollment weighting assigned to enrollment
11       of districts having under 1,750 enrollment.
12             (m) "Ancillary school facilities weighting" means an addend compo-
13       nent assigned to enrollment of districts to which the provisions of K.S.A.
14       1998 Supp. 72-6441, and amendments thereto, apply on the basis of costs
15       attributable to commencing operation of new school facilities. Ancillary
16       school facilities weighting may be assigned to enrollment of a district only
17       if the district has levied a tax under authority of K.S.A. 1998 Supp. 72-
18       6441, and amendments thereto, and remitted the proceeds from such tax
19       to the state treasurer. Ancillary school facilities weighting is in addition
20       to assignment of school facilities weighting to enrollment of any district
21       eligible for such weighting. 
22       Sec.  14. K.S.A. 1998 Supp. 72-1046a and 72-6407 are hereby
23       repealed.
24        Sec.  15. This act shall take effect and be in force from and after its
25       publication in the statute book.