CHAPTER 20 HOUSE BILL No. 2046 An Act concerning school districts; relating to transportation of nonresident pupils; amend-
ing K.S.A. 1998 Supp. 72-1046b, 72-8303 and 72-8309 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1998 Supp. 72-1046b is hereby amended to read
as follows: 72-1046b. (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
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 2002.

      Sec.  2. K.S.A. 1998 Supp. 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 pupils
is to be provided, and shall schedule the school bus and motor vehicle
routes so that each 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 K.S.A. 1998 Supp. 72-1046b, and amendments
thereto, until expiration of such section on July 1, 1999 2002; and (2)
transportation of its pupils to and from any school attended 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.

      Sec.  3. K.S.A. 1998 Supp. 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 K.S.A. 1998
Supp. 72-1046b, and amendments thereto, until expiration of such section
on July 1, 1999 2002, or in accordance with the provisions of an agreement
entered into under authority of K.S.A. 72-8233, and amendments thereto.

      (b) A school district may transport a nonresident pupil or student if
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 subsection (a),
the provisions of 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
transportation weighting under article 64 of chapter 72 of Kansas Statutes
Annotated.

 Sec.  4. K.S.A. 1998 Supp. 72-1046b, 72-8303 and 72-8309 are hereby
repealed.

 Sec.  5. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved March 23, 1999.
 Published in the Kansas Register April 1, 1999.
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