Ch. 183             1997 Session Laws of Kansas             1495

An Act concerning school districts; authorizing the enrollment therein of nonresident pu-
pils; relating to school buses; concerning the definition thereof; amending K.S.A. 72-
8301, 72-8303 and 73-8309 and K.S.A. 1996 Supp. 72-8302 and repealing the existing
sections.

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

Section 1. K.S.A. 72-8301 is hereby amended to read as follows:
72-8301. As used in this act:

(a) ``Board'' or ``board of education'' means the board of education of
any school district.

(b) ``School district'' means any unified school district organized and
operating under the laws of this state.

(c) The words ``provide or furnish transportation'' in addition to their
ordinary meaning shall mean and include the right of a school district to:
(1) Purchase, operate and maintain school buses and other motor vehicles;
(2) contract, lease or hire school buses and other motor vehicles for the
transportation of pupils, students and school personnel; (3) purchase, op-
erate and maintain buses other than school buses for the transportation
of pupils, students or school personnel to or from school-related functions
or activities; (4) contract, lease or hire buses other than school buses for
the transportation of pupils, students and school personnel if the buses
are owned and operated by a public common carrier of passengers under
a certificate of convenience and necessity granted by the state corporation
commission or the interstate commerce commission and are operating
within the authority granted to the public common carrier; and (5) re-
imburse persons who furnish transportation to pupils, students or school
personnel in privately owned motor vehicles.

(d) ``Student'' or ``pupil'' means any person regularly enrolled in a
school district and attending school in such school district or regularly
enrolled in a school district and attending school in another school district
in accordance with the provisions of an agreement entered into under
authority of K.S.A. 72-8233, and amendments thereto.

(e) ``Motor vehicle'' means every motor vehicle, as defined in K.S.A.
8-126, and amendments thereto, which is designed for transporting 10
14 passengers or less.

(f) ``Bus'' means every motor vehicle, as defined in K.S.A. 8-126, and
amendments thereto, which is designed for transporting more than 10 14
passengers in addition to the driver.

(g) ``School bus'' means: (1) Every bus designed primarily for the
transportation of pupils, students or school personnel to or from school
or to or from school-related functions or activities. This definition in-
cludes every such bus which is owned by a school district, or privately
owned and contracted for, leased or hired by a school district, and op-

1496             1997 Session Laws of Kansas             Ch. 183

erated for such transportation, and every such bus which is privately
owned and operated for such transportation, but does not include within
its meaning any bus designated in clauses (3) and (4) of subsection (c);
and (2) every bus designed for operation as a common carrier in urban
transportation. This definition includes every such bus which is owned
and operated for mass public transportation by a metropolitan transit
authority established under the provisions of article 28 of chapter 12 or
article 31 of chapter 13 of Kansas Statutes Annotated, and is contracted
for, leased or hired by a school district for the transportation of pupils,
students or school personnel to or from school or to or from school-
related functions or activities.

(h) ``State board'' means the state board of education.

New Sec. 2. (a) As used in this section:

(1) ``School district'' means a school district organized and operating
under the laws of this state and no part of which is located in Johnson
county, Sedgwick county, Shawnee county, or Wyandotte county.

(2) ``Receiving school district'' means a school district of nonresi-
dence of a pupil who is enrolled and in attendance at school in such school
district.

(3) ``Sending school district'' means a school district of residence of
a pupil who is enrolled and in attendance at school in a school district
not of the pupil's residence.

(b) The parent or legal guardian of a pupil authorized or required to
attend kindergarten or any of grades one through 12 may apply to the
board of education of a proposed sending school district on or before July
15 of the current school year for authority for such pupil to attend school
in a receiving school district and to be furnished or provided transpor-
tation to school from the pupil's residence and from school to the pupil's
residence by the receiving school district if the pupil lives 10 or more
miles from the attendance center the pupil would attend in the proposed
sending school district and nearer to an appropriate attendance center in
the proposed receiving school district. The application shall be made upon
forms prescribed by the state board of education.

(c) Upon receiving any application under this section, the board of
education of the proposed sending school district shall inquire of the
proposed receiving school district whether it is willing to receive and
furnish or provide transportation for the pupil named in the application.
If the board of education of the proposed sending school district deter-
mines that the proposed receiving school district is willing to receive and
furnish or provide transportation for the pupil and the board of education
of the proposed sending school district and the board of education of the
proposed receiving school district agree that the condition specified in
subsection (b) exists, the board of the proposed sending school district
shall issue its order authorizing enrollment and attendance of the pupil

Ch. 183             1997 Session Laws of Kansas             1497

at school in the proposed receiving school district. An order issued by a
board of education in accordance with the provisions of this section shall
operate so as to constitute consent of the board of education of the send-
ing school district to the furnishing or provision of transportation by the
receiving school district for the affected pupil to school from the pupil's
residence and to the pupil's residence from school.

(d) Pupils attending school in a receiving school district under an
order issued by a board of education in accordance with the provisions
of this section shall be counted as regularly enrolled in and attending
school in the receiving school district for the purpose of computations,
except computation of transportation weighting, under the school district
finance and quality performance act and for the purposes of the statutory
provisions contained in article 83 of chapter 72 of Kansas Statutes An-
notated. No such pupil shall be charged for the costs of attendance at
school in a receiving school district.

(e) The provisions of this section shall expire on July 1, 1999.

Sec. 3. K.S.A. 1996 Supp. 72-8302 is hereby amended to read as
follows: 72-8302. (a) The board of education of a school district may
provide or furnish transportation for pupils who reside are enrolled in the
school district to or from any school of the school district or to or from
any school of another school district attended by such pupils in ac-
cordance with the provisions of an agreement entered into under au-
thority of K.S.A. 72-8233, and amendments thereto.

(b) (1) When any or all of the conditions specified in this provision
exist, the board of education of a school district shall provide or furnish
transportation for pupils who reside in the school district and who attend
any school of the district or who attend any school of another school
district in accordance with the provisions of an agreement entered into
under authority of K.S.A. 72-8233, and amendments thereto. The con-
ditions which apply to the requirements of this provision are as follows:

(A) The residence of the pupil is inside or outside the corporate limits
of a city, the school building attended is outside the corporate limits of a
city and the school building attended is more than 21/2 miles by the usually
traveled road from the residence of the pupil; or

(B) the residence of the pupil is outside the corporate limits of a city,
the school building attended is inside the corporate limits of a city and
the school building attended is more than 21/2 miles by the usually traveled
road from the residence of the pupil; or

(C) the residence of the pupil is inside the corporate limits of one
city, the school building attended is inside the corporate limits of a dif-
ferent city and the school building attended is more than 21/2 miles by
the usually traveled road from the residence of the pupil.

(2) The provisions of this subsection are subject to the provisions of
subsections (c) and (d).

1498             1997 Session Laws of Kansas             Ch. 183

(c) The board of education of every school district is authorized to
adopt rules and regulations to govern the conduct, control and discipline
of all pupils while being transported in school buses. The board may
suspend or revoke the transportation privilege or entitlement of any pupil
who violates any rules and regulations adopted by the board under au-
thority of this subsection.

(d) The board of education of every school district may suspend or
revoke the transportation privilege or entitlement of any pupil who is
detained at school at the conclusion of the school day for violation of any
rules and regulations governing pupil conduct or for disobedience of an
order of a teacher or other school authority. Suspension or revocation of
the transportation privilege or entitlement of any pupil specified in this
subsection shall be limited to the school day or days on which the pupil
is detained at school. The provisions of this subsection do not apply to
any pupil who has been determined to be an exceptional child, except
gifted children, under the provisions of the special education for excep-
tional children act.

Sec. 4. K.S.A. 72-8303 is hereby amended to read as follows: 72-
8303. (a) The board of education of a school district may prescribe the
regular school routes on which transportation of its students pupils is to
be provided, and shall schedule the school bus and motor vehicle routes
so that each student pupil entitled to transportation will be transported
to and from school on every school day.

(b) For the purposes of this section, the term regular school route
means and includes any route arranged by the board of education for (1)
transportation of its pupils to and from the residence of such pupils in
another school district when such pupils are enrolled in the transporting
school district in accordance with an order issued by a board of education
under the provisions of section 2, and amendments thereto, until expira-
tion of such section on July 1, 1999; and (2) transportation of its students
pupils to and from any school attended in another school district in ac-
cordance with the provisions of an agreement entered into under au-
thority of K.S.A. 72-8233, and amendments thereto.

Sec. 5. K.S.A. 72-8309 is hereby amended to read as follows: 72-
8309. (a) The board of education of a school district shall not furnish or
provide transportation for pupils or students who reside in another school
district except in accordance with the written consent of the board of
education of the school district in which such pupil or student resides, or
in accordance with consent constituted by operation of an order issued
by a board of education under the provisions of section 2, and amend-
ments thereto, until expiration of such section on July 1, 1999, or in ac-
cordance with the provisions of an agreement entered into under au-
thority of K.S.A. 72-8233, and amendments thereto.

(b) A school district may transport a nonresident pupil or student if

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such pupil or student boards the school bus within the boundaries or on
the boundary of the transporting school district. To the extent that the
provisions of this subsection conflict with the provisions of an agreement
entered into under authority of K.S.A. 72-8233 and amendments thereto,
for the transportation of nonresident pupils or students to and from school
within the transporting school district subsection (a), the provisions of the
agreement subsection (a) shall control.

(c) No pupil or student who is furnished or provided transportation
by a school district which is not the school district in which the pupil or
student resides shall be counted in the computation of the school district's
state transportation aid weighting under article 70 64 of chapter 72 of
Kansas Statutes Annotated.

Sec. 6. K.S.A. 72-8301, 72-8303, and 72-8309 and K.S.A. 1996 Supp.
72-8302 are hereby repealed.

Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 15, 1997.