(Corrected)
[As Amended by Senate Committee of the
Whole]
As Amended by Senate Committee
Session of 2000
HOUSE BILL No. 2799
By Committee on Education
2-2
12 AN ACT
concerning education; providing for preparation of a
strat-
13 egy for
development and implementation of a mastery of basic
14 reading skills
program; establishing the Kansas mentor teacher pro-
15 gram [and the
national board for professional teaching standards
16 certification
incentive program; relating to suspension or expul-
17 sion of pupils
from school; conferring the power of home rule on
18 school district
boards of education; amending K.S.A. 72-8205 and
19 K.S.A. 1999
Supp. 72-8902 and 72-8904 and repealing the exist-
20 ing
sections].
21
22 Be it enacted by the Legislature of the
State of Kansas:
23 [New] Section
1. (a) The state board of education shall pre-
24 pare a strategy for identifying,
developing, and implementing a
25 mastery of basic reading skills
program in kindergarten and each
26 of grades one through three of school
districts based upon the goal
27 of mastery of basic reading skills by
pupils upon completion of the
28 third grade. In carrying out this
directive, the state board shall:
29
(1) Identify state standards and outcomes of mastery of
basic
30 reading skills in kindergarten and
each of grades one through three;
31 (2) prepare
a plan for monitoring the progress of pupils in kin-
32 dergarten and at each applicable
grade level in achieving mastery
33 of basic reading skills;
and
34 (3) specify
the means to be used for determining mastery of
35 basic reading skills by each pupil
upon completion of grade three.
36 (b) The
state board's strategy shall include a component for
37 requiring school districts to provide
interventions for pupils who
38 are not making satisfactory progress
toward mastering basic read-
39 ing skills such as, but not limited
to, a restructured school day,
40 additional school days, summer
school, or individualized
41 instruction.
42 (c) The
state board of education shall report to the 2001 leg-
43 islature a strategy and proposed plan
for implementing the mastery
2
1 of basic reading skills program
with development of standards dur-
2 ing the 2001-02 school year and
commencement of the plan in the
3 2002-03 school year. The state
board report to the 2001 legislature
4 shall include estimates of the
cost to the state of implementing the
5 program.
6
Section [New Sec.]
1. 2. As used in
this act sections 2 through 5,
7 and amendments
thereto:
8
(a) ``Mentor teacher program'' means a program established
and
9 maintained by the board of education
of a school district for the purpose
10 of providing first-year teachers with
professional support and the contin-
11 uous assistance of an on-site mentor
teacher.
12 (b) ``Mentor
teacher'' means a certificated teacher who has com-
13 pleted at least three consecutive school
years of employment in the school
14 district, has been selected by the
board of education of
a [the]
school
15 district on the basis of
having demonstrated exemplary teaching ability
16 as indicated by criteria established by the
state board of education, and
17 has participated in and successfully
completed a training program for
18 mentor teachers provided for by the
board of education of
a [the]
19 school district in accordance with
guidelines prescribed by the state
20 board of education. The primary function of
a mentor teacher shall be to
21 provide first-year teachers with
professional support and assistance. A
22 mentor teacher may provide assistance and
guidance to not more than
23 two first-year teachers.
24 [New]
Sec. 2. 3. (a) The
board of education of each school district
25 shall
may establish and maintain a mentor teacher program
and, com-
26 mencing with the 2001-02 school
year, may apply for a grant of state
27 moneys for the purpose of providing
stipends for mentor teachers. The
28 program shall be implemented in
the 2000-01 school year and maintained
29 in each school year
thereafter.
30 (b) To be
eligible to receive a grant of state moneys for maintenance
31 of a mentor teacher program, a board of
education shall submit to the
32 state board of education an application for
a grant and a description of
33 the program. The application and
description shall be prepared in such
34 form and manner as the state board shall
require and shall be submitted
35 at a time to be determined and specified by
the state board. Approval by
36 the state board of the program and the
application is prerequisite to the
37 award of a grant.
38 (c) Each board of
education which is awarded a grant under this
act
39 for maintenance of a mentor teacher
program shall make such peri-
40 odic and special reports of statistical and
financial information to the state
41 board of education as it may request.
42 [New]
Sec. 3. 4. (a)
The On or before January 1, 2001,
the state
43 board of education shall adopt rules and
regulations for the administration
3
1 of this act
mentor teacher programs and shall:
2
(1) Establish standards and criteria for evaluating and
approving
3 mentor teacher programs and
applications of school districts for grants;
4
(2) evaluate and approve mentor teacher programs;
5
(3) establish criteria for
qualification determination of
exemplary
6 teaching ability of
certificated teachers for qualification as mentor
7 teachers;
8
(4) prescribe guidelines for the selection by boards of
education of
9 mentor teachers and for the
provision by boards of education of
10 training programs for mentor
teachers;
11
(5) provide special training programs for mentor
teachers with re-
12 spect to their duties and
responsibilities;
13
(6) (5) be responsible
for awarding grants to school districts; and
14
(7) (6) request of and
receive from each school district which is
15 awarded a grant for maintenance of a mentor
teacher program reports
16 containing information with regard to the
effectiveness of the program.
17
(b) Within the limits Subject to
the availability of appropriations
18 for mentor teacher programs maintained by
school districts, and within
19 the limits of any such
appropriations, the state board of education
20 shall determine the amount of grants to be
awarded school districts by
21 multiplying the
an amount of not to
exceed $1,000 by the number of
22 first-year
mentor teachers participating in the
mentor teacher program
23 maintained by a school district. The
product is the amount of the grant
24 to be awarded to the district. Upon receipt
of a grant of state moneys for
25 maintenance of a mentor teacher program,
the amount of the grant shall
26 be deposited in the general fund of the
school district. Moneys deposited
27 in the general fund of a school district
under this subsection shall be
28 considered reimbursements for the purpose
of the school district finance
29 and quality performance act. The full
amount of the grant shall be allo-
30 cated among the mentor teachers employed by
the school district so as
31 to provide a mentor teacher with an annual
stipend in the an amount
of
32 not to exceed $1,000
for each first-year teacher mentored. Such
annual
33 stipend shall be over and above the regular
salary to which the mentor
34 teacher is entitled for the school
year.
35 [New]
Sec. 4. 5. The
state board of education shall provide any
36 board, upon request, with technical advice
and assistance regarding the
37 establishment and maintenance of a mentor
teacher program or an ap-
38 plication for a grant of state moneys.
39 [Sec. 6. The
national board for professional teaching standards
40 certification incentive program is
hereby established for the pur-
41 pose of rewarding teachers who have
attained certification from the
42 national board. Teachers who have
attained certification from the
43 national board shall be issued a
master teacher's certificate by the
4
1 state board of education. A
master teacher's certificate shall be
2 valid for 10 years and
renewable thereafter every 10 years through
3 compliance with continuing
education and professional develop-
4 ment requirements prescribed by
the state board. Teachers who
5 have attained certification
from the national board and who are
6 employed by a school district
shall be paid an incentive bonus in
7 an amount not to exceed $1,000
each school year, not to exceed 10
8 years, that the teacher remains
employed by a school district and
9 retains a valid master
teacher's certificate.
10 [(b) The
board of education of each school district employing
11 one or more national board certified
teachers shall pay the incentive
12 bonus to each such teacher in each
school year that the teacher
13 retains eligibility for such payment.
Each board of education which
14 has made payments of incentive
bonuses to national board certified
15 teachers under this subsection may
file an application with the state
16 board of education for state aid and
shall certify to the state board
17 the amount of such payments. The
application and certification
18 shall be on a form prescribed and
furnished by the state board, shall
19 contain such information as the state
board shall require and shall
20 be filed at the time specified by the
state board.
21 [(c) In
each school year, each school district employing one or
22 more national board certified
teachers is entitled to receive from
23 appropriations for the national board
for professional teaching
24 standards certification incentive
program an amount which is equal
25 to the amount certified to the state
board of education in accordance
26 with the provisions of subsection
(b). The state board shall certify
27 to the director of accounts and
reports the amount due each school
28 district. The director of accounts
and reports shall draw warrants
29 on the state treasurer payable to the
treasurer of each school dis-
30 trict entitled to payment under this
section upon vouchers approved
31 by the state board.
32 [(d) Moneys
received by a board of education under this section
33 shall be deposited in the general
fund of the school district. Moneys
34 deposited in the general fund of the
school district under this sub-
35 section shall be considered
reimbursements to the district for the
36 purpose of the school district
finance and quality performance act
37 and may be expended whether the same
have been budgeted or not.
38 [(e) As
used in this section, the term school district means
any
39 school district organized and
operating under the laws of this state.
40 [Sec. 7. K.S.A. 1999
Supp. 72-8902 is hereby amended to read
41 as follows: 72-8902. (a)
(1) Except as authorized in provision (2),
A
42 suspension may be for a short term
not exceeding five ten
school
43 days, or for an extended term not
exceeding 90 school days. An
5
1 expulsion may be for a term not
exceeding 186 school days. If a
2 suspension or expulsion is for
a term exceeding the number of school
3 days remaining in the school
year, any remaining part of the term
4 of the suspension or expulsion
may be applied to the succeeding
5 school year.
6
[(2) A short-term suspension may be imposed
for not more than 10
7 school days if a pupil: (A)
Carries a weapon to school, onto school prop-
8 erty, or to a school
supervised activity; (B) knowingly possesses or uses
9 illegal drugs or sells or
solicits the sale of a controlled substance while at
10 school, on school property or at a
school supervised activity; or (C) has
11 engaged in behavior which resulted
in, or was substantially likely to have
12 resulted in, injury to the pupil or
to others.
13
[(3) For the purposes of this provision,
the following definitions ap-
14 ply: (A) ``Controlled substance''
means a drug or other substance identi-
15 fied under schedules I, II, III,
IV, or V in 21 U.S.C. 812(c); (B) ``illegal
16 drug'' means a controlled substance
but does not include such a substance
17 that is legally possessed or used
under the supervision of a licensed health-
18 care professional or that is
legally possessed or used under any other
19 authority under any federal or
state law; and (C) ``weapon'' means a
20 weapon, device, instrument,
material, or substance, animate or inanimate,
21 that is used for, or is readily
capable of, causing death or serious bodily
22 injury, except that such term does
not include a pocket knife with a blade
23 of less than 21/2 inches in
length.
24 [(b)
(1) Except as authorized in provision (2), no suspension
for
25 a short term shall be imposed upon a
pupil without giving the pupil
26 notice of the charges and affording
the pupil an opportunity for a
27 hearing thereon. The notice may be
oral or written and the hearing
28 may be held immediately after the
notice is given. The hearing may
29 be conducted informally but shall
include the following procedural
30 due process requirements: (A) The
right of the pupil to be present
31 at the hearing; (B) the right of the
pupil to be informed of the
32 charges; (C) the right of the pupil
to be informed of the basis for
33 the accusation; and (D) the right of
the pupil to make statements in
34 defense or mitigation of the charges
or accusations. Refusal of a
35 pupil to be present at the hearing
will constitute a waiver of the
36 pupil's opportunity for a
hearing.
37 [(2) A
short-term suspension may be imposed upon a pupil
38 forthwith, and without affording the
pupil a hearing if the presence
39 of the pupil endangers other persons
or property or substantially
40 disrupts, impedes or interferes with
the operation of the school.
41 [(c) A
written notice of any short-term suspension and the
rea-
42 son therefor shall be given to the
pupil involved and to the pupil's
43 parent or guardian within 24 hours
after the suspension has been
6
1 imposed and, in the event the
pupil has not been afforded a hearing
2 prior to any short-term
suspension, an opportunity for an informal
3 hearing shall be afforded the
pupil as soon thereafter as practicable
4 but in no event later than 72
hours after such short-term suspension
5 has been imposed. Any notice of
the imposition of a short-term sus-
6 pension that provides an
opportunity for an informal hearing after
7 such suspension has been
imposed shall state that failure of the
8 pupil to attend the hearing
will result in a waiver of the pupil's
9 opportunity for the
hearing.
10 [(d) No
suspension for an extended term and no expulsion shall
11 be imposed upon a pupil until an
opportunity for a formal hearing
12 thereon is afforded the pupil. A
written notice of any proposal to
13 suspend for an extended term or to
expel from school, and the
14 charges upon which the proposal is
based shall be given to the pupil
15 proposed to be suspended or expelled
from school, and to the pupil's
16 parent or guardian. Any notice of a
proposal to suspend for an ex-
17 tended term or to expel from school
shall state the time, date and
18 place that the pupil will be afforded
an opportunity for a formal
19 hearing, and that failure of the
pupil and the pupil's parent or
20 guardian to attend the hearing will
result in a waiver of the pupil's
21 opportunity for the hearing. The
hearing shall be held not later than
22 10 days after the date of the notice.
The notice shall be accompanied
23 by a copy of this act and the
regulations of the board of education
24 adopted under K.S.A. 72-8903, and
amendments thereto.
25
[(e) Whenever any written notice is required under this act
to
26 be given to a pupil or to a pupil's
parent or guardian, it shall be
27 sufficient if the notice is mailed to
the address on file in the school
28 records of the pupil. In lieu of
mailing the written notice, the notice
29 may be personally
delivered.
30 [(f) A
formal hearing on a suspension or expulsion may be con-
31 ducted by any
certificated employee person or
committee of certifi-
32 cated employees
persons authorized by the board of education to
con-
33 duct the hearing.
34 [Sec.
8. K.S.A. 1999 Supp. 72-8904 is hereby amended to
read
35 as follows: 72-8904. (a) Written
notice of the result of any hearing
36 imposing an extended-term suspension
or an expulsion from school
37 shall be given to the pupil suspended
or expelled from school, and
38 to the parents or guardians of the
pupil within 24 hours after de-
39 termination of such
result.
40 [(b) Any
pupil, age 18 or older, who has been suspended
for an
41 extended term or expelled, or one of
the pupil's parents or guardians
42 of a pupil under age 18, may
appeal such suspension or expulsion to
43 the board of education of the school
district by filing a written no-
7
1 tice of appeal with the clerk
of the board of education not later than
2 10 calendar days after
receiving the written notice. Any such appeal
3 shall be heard by the board of
education, or by a hearing officer
4 appointed by such board, not
later than 20 calendar days after such
5 notice of appeal is filed. The
pupil and the pupil's parents or guard-
6 ians shall be notified in
writing of the time and place of the appeal
7 hearing at least five days
prior thereto. Such appeal shall be con-
8 ducted under rules which are
consonant with K.S.A. 72-8903, and
9 amendments thereto. The
decision on any such appeal shall be ren-
10 dered not later than five days after
the conclusion of the appeal
11 hearing.
12 [(c) For
the purpose of hearing an appeal of an extended-term
13 suspension or an expulsion, the board
of education may appoint one
14 or more hearing officers. Any such
hearing officer shall be a member
15 of the board of education, a
certificated employee of the school dis-
16 trict, or an attorney admitted to the
practice of law in this state.
17 Any such appointment shall apply to a
particular hearing or to a
18 set or class of hearings as specified
by the board of education in
19 making the appointment. Whenever a
hearing officer appointed un-
20 der authority of this section hears
any appeal, the hearing officer
21 shall prepare a written report
thereon to the board of education.
22 After receiving any such report, the
board of education shall deter-
23 mine the matter with or without
additional hearing. Any matter
24 determined by the board of education
in accordance with this sub-
25 section shall be valid to the same
extent as if the matter were fully
26 heard by the board of education
without a hearing officer.
27 [Sec. 9. K.S.A. 1999
Supp. 72-8902 and 72-8904 are hereby
28 repealed.
29 [Sec. 10. K.S.A.
72-8205 is hereby amended to read as follows:
30 72-8205. (a) The board of
education shall meet at least once each
31 month. At some time during the month
of July of each year, the
32 board shall adopt a resolution
specifying a regular meeting time of
33 the board and such resolution shall
specify the regular hour of com-
34 mencement of the meeting, as well as
the day of the week and the
35 week of the month. Such resolution
shall also provide that if the
36 regular meeting date occurs on a
Sunday or on a legal holiday or
37 on a holiday specified by the board,
such regular meeting shall be
38 held on the day following commencing
at the same hour. Such res-
39 olution shall also specify the
regular meeting place of the board and
40 may specify that any regular meeting
may be adjourned to another
41 time and place. Special meetings may
be called at any time by the
42 president of the board or by joint
action of any three members
43 thereof. Written notice, stating the
time and place of any special
8
1 meeting and the purpose for
which called, shall, unless waived, be
2 given each member of the board
at least two days in advance of the
3 special meeting and no business
other than that stated in the notice
4 shall be transacted at such
meeting. A majority of the full member-
5 ship of the board shall
constitute a quorum for the purpose of con-
6 ducting any business of the
school district, and the vote of a major-
7 ity of the full membership of
the board shall be required for the
8 passage of any motion or
resolution. Any member who abstains from
9 voting shall be counted as
having voted against the motion or res-
10 olution. If a member announces a
conflict of interest with regard to
11 the issue, the member may leave the
meeting until the voting on the
12 issue is concluded and the member who
abstains from voting
13 thereby shall not be counted as
having voted.
14 [(b) Except
as otherwise provided in the unification acts, the
15 board of education
shall have and may exercise the same powers and
16 authorities as were immediately prior
to this act conferred uni-
17 formly upon boards of education in
cities of the first class, and,
in
18 addition thereto, the powers and
authority expressly conferred by
19 law including the power of
local control to determine local affairs and
20 government as provided under subsection
(e).
21 [(c) The
board of education shall have authority to
prescribe
22 courses of study for each year of the
school program and provide
23 rules and regulations for teaching in
the school district and general
24 government thereof, and to approve
and adopt suitable textbooks
25 and study material for use therein
subject to the plans, methods,
26 rules and regulations formulated and
recommended by the state
27 board of education.
28 [(d) The
board of education may provide legal counsel
at district
29 expense to any members of the board
of education, or school district
30 officers or employees who are sued in
situations relating to and
31 arising out of the performance of
their office or employment. No
32 teacher or other employment contract
shall make reference to or
33 incorporate the provisions of this
subsection, nor shall the provi-
34 sions of this subsection be construed
as any part of the considera-
35 tion of employment of any teacher,
officer or other employee of the
36 board.
37
[(e) (1) The board of education may transact
all school district busi-
38 ness and adopt policies that the board
deems appropriate to perform its
39 constitutional duty to maintain, develop
and operate local public schools,
40 subject to the following
limitations:
41
[(A) School districts shall be subject to all
acts of the legislature and
42 all rules and regulations of the state
board of education which apply to
43 all unified school districts.
9
1
[(B) School districts may not consolidate or
alter school district
2 boundaries except as provided by
law.
3
[(C) School districts may not affect the
courts located therein.
4
[(D) School districts shall be subject to
acts of the legislature pre-
5 scribing limits of
indebtedness.
6
[(E) School districts shall be subject to all
acts of the legislature con-
7 cerning elections.
8
[(F) School districts may levy and collect
taxes only in conformity
9 with acts of the legislature which
specifically confer such authority.
10
[(G) In the exercise of the power and
authority conferred by this
11 subsection, the home rule power
conferred on cities and counties shall not
12 be superseded or impaired without the
consent of the governing body of
13 each city or county which may be
affected.
14
[(H) School districts may not adopt policies
which modify, diminish
15 or reinterpret state or federal laws
which affect school district employees.
16
[(I) Notwithstanding any other provisions of
this act, school districts
17 shall not adopt policies which interfere
with the public policy of this state
18 set forth in subsection (b) of K.S.A.
1999 Supp. 38-141, and amendments
19 thereto.
20
[(2) The power and authority conferred on
school districts by this
21 subsection shall not be construed to
relieve any other unit of government
22 of its duties and responsibilities which
are prescribed by law, nor to create
23 any responsibility on the part of a
school district to assume the duties or
24 responsibilities which are required of
another unit of government.
25
[(3) School districts shall exercise the
powers of local control con-
26 ferred by this subsection by resolution
of the board of education.
27 [Sec. 11. K.S.A.
72-8205 and K.S.A. 1999 Supp. 72-8902 and
28 72-8904 are hereby
repealed.]
29 Sec. 5.
6.
[12.] This act shall take effect and be in force
from and
30 after its publication in the statute
book.