SENATE BILL No. 8
By Legislative Budget Committee
12-16
8 AN ACT concerning special education services for exceptional children
9 attending private schools; amending K.S.A. 72-5392, 72-5393 and 72-
10 5394 and repealing the existing sections.
11
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. K.S.A. 72-5392 is hereby amended to read as follows: 72-
14 5392. As used in this act:
15 (a) "School district" means any public school district organized under
16 the laws of this state.
17 (b) "Exceptional children" and "Auxiliary school special education
18 services" means (1) speech and hearing diagnostic services; (2) diagnostic
19 psychological services; (3) therapeutic psychological and speech and hear-
20 ing services; and (4) programs and services for exceptional children have
21 the meanings respectively ascribed thereto in K.S.A. 72-962, and amend-
22 ments thereto.
23 (c) "Private, nonprofit elementary or secondary school" means an or-
24 ganization which regularly offers education at the elementary or second-
25 ary level, which is exempt from federal income taxation under section 501
26 of the federal internal revenue code of 1954, as amended, which conforms
27 to the civil rights act of 1964, and attendance at which satisfies any com-
28 pulsory school attendance laws of this state.
29 Sec. 2. K.S.A. 72-5393 is hereby amended to read as follows: 72-
30 5393. Any Every school district which provides auxiliary school services
31 to pupils attending its schools shall provide on an equal basis the same
32 auxiliary school special education services to every pupil, whose parent or
33 guardian makes a request therefor, residing for exceptional children who
34 reside in the school district and attending attend a private, nonprofit el-
35 ementary or secondary school, whether such school is located within or
36 outside the school district, upon request of a parent or guardian of any
37 such child for the provision of such services. No school district shall be
38 required to provide such services outside the school district. Any such
39 school district may provide auxiliary special education services to all pupils
40 attending for exceptional children who attend a private, nonprofit ele-
41 mentary or secondary school located within the school district, whether
42 or not all such pupils children reside in the school district. Speech and
43 hearing diagnostic services and diagnostic psychological Special education
44 services, if provided in the public schools of the school district, shall be
45 which are provided in any under this section for exceptional children who
46 attend a private, nonprofit elementary or secondary school which is lo-
47 cated in the school district. Therapeutic psychological and speech and
48 hearing services and programs and services for exceptional children,
49 which cannot may be practically provided in any the private, nonprofit
50 elementary or secondary school which is located in the school district,
51 shall be provided or in the public schools of the school district, in a public
52 center, or in mobile units located off the private, nonprofit elementary
53 or secondary school premises as determined by the school district. Special
54 education services provided under this section for exceptional children
55 who attend a private, nonprofit elementary or secondary school are sub-
56 ject to the following requirements: (a) If the services are provided for in
57 the private, nonprofit elementary or secondary school, amounts expended
58 for the provision of such services shall be not less than an amount equal
59 to a proportionate amount of the federal funds provided to the school
60 district under the individuals with disabilities education act; (b) if the
61 services are provided for in the public schools of the school district, the
62 services shall be provided on an equal basis with the provision of such
63 services for exceptional children attending the public schools; and, (c) if
64 so the services are provided in the public schools of the school district or
65 in a public center, transportation to and from such public school or public
66 center shall be provided by the school district.
67 Sec. 3. K.S.A. 72-5394 is hereby amended to read as follows: 72-
68 5394. No auxiliary school special education services shall be provided in
69 connection with religious courses, devotional exercises, religious training,
70 or any other religious activity.
71 Sec. 4. K.S.A. 72-5392, 72-5393 and 72-5394 are hereby repealed.
72 Sec. 5. This act shall take effect and be in force from and after its
73 publication in the statute book.