28             1997 Session Laws of Kansas             Ch. 11

An Act concerning community colleges; relating to residence of students for determination
of state aid entitlements; amending K.S.A. 71-401 and K.S.A. 1996 Supp. 71-406, 71- 602, 71-603, 71-607 and 71-619 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 71-401 is hereby amended to read as follows: 71-
401. Persons enrolling in a community college who, if adults, have not
been, or if minors, whose parents have not been residents of the county
in which is located the principal campus of such the community college
for at least six (6) months prior to enrollment for any term or session are
nonresidents of such the community college district for the purpose of
determining liability of counties for payment of out-district state aid en-
titlement, out-district tuition and fee purposes.

Sec. 2. K.S.A. 1996 Supp. 71-406 is hereby amended to read as fol-
lows: 71-406. (a) Subject to the provisions of section 3, and amendments
thereto, persons enrolling in a community college who, if adults, have not
been, or if minors, whose parents have not been residents of the state of
Kansas for at least six months prior to enrollment for any term or session
are nonresidents of the state for the purpose of determining state aid
entitlements. Subject to the foregoing

(b) For the purpose of determining the residence of persons enrolling
as a student in a community college, residence of minors shall be deter-
mined as provided in K.S.A. 72-1046, and amendments thereto, and of
adults as provided in subpart Twenty-third of K.S.A. 77-201, and amend-
ments thereto. The state board of education may adopt rules and regu-
lations governing the determination of residence of students.

New Sec. 3. (a) The following persons, or any class or classes thereof,
and their spouses and dependents, may be considered residents of the
state of Kansas by the state board for the purpose of determining state
aid entitlements of community colleges in the 1997 fiscal year and in fiscal

Ch. 11             1997 Session Laws of Kansas             29

years thereafter: (1) Persons who are in active military service of the
United States; (2) persons who are domiciliary residents of the state, who
were in active military service prior to becoming domiciliary residents of
the state, who were present in the state for a period of not less than two
years during their tenure in active military service, whose domiciliary
residence was established in the state within 30 days of discharge or re-
tirement from active military service under honorable conditions, but
whose domiciliary residence was not timely enough established to meet
the residence duration requirement of K.S.A. 71-406, and amendments
thereto; (3) persons who are employees of a community college; (4) per-
sons having special domestic relations circumstances; (5) persons who
have lost their resident status within six months of enrollment; (6) persons
who are not domiciliary residents of the state, who have graduated from
a high school accredited by the state board of education within six months
of enrollment at a community college, who were domiciliary residents of
the state at the time of graduation from high school or within 12 months
prior to graduation from high school, and who are entitled to admission
at a state educational institution pursuant to K.S.A. 72-116, and amend-
ments thereto; and (7) persons who are domiciliary residents of the state,
whose domiciliary residence was established in the state for the purpose
of accepting, upon recruitment by an employer, or retaining, upon trans-
fer required by an employer, a position of full-time employment at a place
of employment in Kansas, but the domiciliary residence of whom was not
timely enough established to meet the residence duration requirement
of K.S.A. 71-406, and amendments thereto.

(b) As used in this section:

(1) ``Domiciliary resident'' means a person who has present and fixed
residence in Kansas where the person intends to remain for an indefinite
period and to which the person intends to return following absence.

(2) ``Full-time employment'' means employment requiring at least
1,500 hours of work per year.

(c) The state board shall prescribe criteria and guidelines for deter-
mination of the eligibility of persons specified in subsection (a) to be
considered residents of the state and shall specify the evidence necessary
to be submitted by such persons as proof of eligibility. Evidence submit-
ted by a person as proof of eligibility claimed under subsection (a)(7)
must include, but not by way of limitation, certification of the claim by
the employer of the person.

Sec. 4. K.S.A. 1996 Supp. 71-602 is hereby amended to read as fol-
lows: 71-602. (a) Each community college is entitled to receive credit
hour state aid. The basis for payments of credit hour state aid for com-
munity colleges for each credit hour of each duly enrolled student shall
be: (1) For each credit hour in any subject or course which is not part of
a vocational education program approved by the state board under the

30             1997 Session Laws of Kansas             Ch. 11

provisions of article 44 of chapter 72 of Kansas Statutes Annotated, an
amount which shall be provided for by the legislature in acts making
appropriations for the credit hour state aid entitlement of community
colleges; and (2) for each credit hour in any subject or course which is
part of a vocational education program approved by the state board under
the provisions of article 44 of chapter 72 of Kansas Statutes Annotated,
an amount which shall be determined by the state board by multiplying
by 11/2 the amount provided for by the legislature under (1), except that
the amount provided for by the legislature under (1) for each credit hour
of each student shall be multiplied by two if the credit hour is in any
subject or course which is part of an approved vocational education pro-
gram which is offered in a community college which is also officially
designated as an area vocational school by the state board or if the credit
hour is in any subject or course which is part of an approved vocational
education program transferred to a community college in accordance with
an agreement made and entered into under authority of K.S.A. 71-1507,
and amendments thereto.

(b) Credit hour state aid payments shall be made only for credit hours
of duly enrolled students if such students, as determined by the state
board, are residents of the state of Kansas or are considered residents of
the state of Kansas pursuant to the provisions of section 3, and amend-
ments thereto.

(c) The determination of credit hours of duly enrolled students shall
be made at times prescribed by the state board of education.

Sec. 5. K.S.A. 1996 Supp. 71-603 is hereby amended to read as fol-
lows: 71-603. (a) On or before November 1 and on or before March 1 of
each year, the chief administrative officer of each community college shall
certify under oath to the state board the total number of duly enrolled
credit hours of students of the community college during the current
school session who meet the state residence requirement or who are
considered residents of the state pursuant to the provisions of section 3,
and amendments thereto. Each November 1 and March 1, certification
for payment shall set forth separately the credit hour enrollment for pre-
ceding sessions and for the current fall session. The state board may
require the community college to furnish any additional information
deemed necessary by it to carry out the provisions of this act, and shall
prescribe such forms and policies as may be necessary for making such
reports.

(b) In November of each year, the county clerk of each county shall
certify to the state board with respect to each community college district
in the county, the current assessed valuation of taxable tangible property
within each such district. As used in this subsection, the term ``taxable
tangible property'' means all real and tangible personal property which is
subject to general ad valorem taxation.

Ch. 11             1997 Session Laws of Kansas             31

Sec. 6. K.S.A. 1996 Supp. 71-607 is hereby amended to read as fol-
lows: 71-607. (a) Each community college is entitled to receive out-dis-
trict state aid payments in amounts determined as provided in this section.
From reports and information provided by each community college, and
from such additional audits and investigations as are conducted by the
state department of education, the state board shall determine the
amount of out-district tuition each community college is entitled to bill
to counties each year, and the entitlement to out-district state aid of each
community college shall be an amount equal thereto plus (1) an amount
equal to the amount of out-district tuition disallowed under the provisions
of K.S.A. 71-304, and amendments thereto, and (2) an amount equal to
the amount of out-district tuition disallowed under the provisions of sub-
section (c) of K.S.A. 71-609, and amendments thereto, and (3) an amount
equal to the number of duly enrolled students considered residents of the
state pursuant to the provisions of section 3, and amendments thereto,
times the amount specified in subsection (c) of K.S.A. 71-301, and amend-
ments thereto, for each credit hour of each such duly enrolled student.

(b) (1) Out-district state aid payments shall be made only for credit
hours of students specified in provision (3) of subsection (a) if such stu-
dents, as determined by the state board, have not more than 64 credit
hours from any institution of postsecondary education or the students
have not more than 72 credit hours and are enrolled in terminal type
nursing courses or freshman-sophomore level preengineering courses.

(2) The credit hour limitations prescribed by provision (1) of this
subsection do not apply to credit hours of students if such students, as
determined by the state board, are enrolled in an approved vocational
education program at a community college for the purpose of receiving
vocational or technical training or retraining in preparation for gainful
employment.

Sec. 7. K.S.A. 1996 Supp. 71-619 is hereby amended to read as fol-
lows: 71-619. (a) Each community college is entitled to receive general
state aid payments in amounts determined by the state board as provided
in this section.

(b) In each fiscal year, the state board shall:

(1) Determine full-time equivalent enrollment of each community
college and total full-time equivalent enrollment of all community col-
leges.

(2) Determine the assessed valuation of each community college.

(3) Compute the assessed valuation per student of each community
college by dividing its assessed valuation by its full-time equivalent en-
rollment. The quotient is the assessed valuation per student of the com-
munity college.

(4) Determine the median assessed valuation per student of all com-
munity colleges by ranking the community colleges from high to low on

32             1997 Session Laws of Kansas             Ch. 11

the basis of assessed valuation per student of each community college and
identify the community college which is located at the median. The me-
dian assessed valuation per student of all community colleges is the as-
sessed valuation per student of the community college identified as being
located at the median.

(5) Compute the wealth factor of each community college by dividing
the median assessed valuation per student of all community colleges by
the assessed valuation per student of the community college. The quotient
is the wealth factor of the community college.

(6) Determine on the basis of total full-time equivalent enrollment
of all community colleges a per student guarantee by computing the
amount thereof which is required to distribute to the community colleges
the total amount of the appropriation from the state general fund for
general state aid for the fiscal year.

(7) Multiply the per student guarantee determined in provision (6)
by the full-time equivalent enrollment of the community college.

(8) Multiply the product obtained in provision (7) by the wealth factor
of the community college. The product is the amount of general state aid
to which the community college is entitled.

(c) As used in this section:

(1) ``Assessed valuation of a community college'' means the assessed
valuation of the taxable tangible property within the community college
district.

(2) ``Taxable tangible property'' means all real and tangible personal
property which is subject to general ad valorem taxation.

(3) ``Full-time equivalent enrollment'' means the quotient obtained
by dividing by 15 the total credit hour enrollment of students of a com-
munity college who on September 15 are residents of the state of Kansas
on September 15 or are considered residents of the state of Kansas pur-
suant to the provisions of section 3, and amendments thereto, plus the
total credit hour enrollment of such students of the community college
for courses taught in the summer term and for courses approved to be
conducted as of September 15, the beginning dates of which courses are
after September 15 but prior to December 1.

Sec. 8. K.S.A. 71-401 and K.S.A. 1996 Supp. 71-406, 71-602, 71-603,
71-607 and 71-619 are hereby repealed.

Sec. 9. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved March 24, 1997.

Published in the Kansas Register: March 27, 1997.