CHAPTER 155
HOUSE BILL No. 2862
An Act concerning school districts; relating to the provision
of transportation for pupils;
amending K.S.A. 1999 Supp. 72-1046b, 72-8302, 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. 1999 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.
(4) ``Pupil'' means a person who is
enrolled and in attendance at
school in a receiving school district and who (A) lives 10 or
more miles
from the attendance center the pupil would attend in a sending
school
district and nearer to an appropriate attendance center in a
receiving
school district or (B) is a member of the family of a pupil
meeting the
condition prescribed in subpart (A).
(5) ``Member of the family'' means a
brother or sister of the whole or
half blood or by adoption, a stepbrother or sister, and a foster
brother or
sister.
(b) The parent or legal guardian of
a any 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 a 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 pupil is a pupil as
defined in subsection (a)(4)(A) or
(B), the board of the proposed sending
school district shall issue its an
order authorizing enrollment and attendance of the pupil at
school in the
proposed receiving school district. An order issued by a
board of educa-
tion in accordance with the provisions of this section
shall operate so as
to constitute consent of the board of education of the
sending 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, 2002.
Sec. 2. K.S.A. 1999 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
includes any route arranged by the board of education for (1)
transpor-
tation 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. 1999 Supp. 72-1046b, and amendments
thereto,
until expiration of such section on July 1, 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
au-
thority of K.S.A. 72-8233, and amendments thereto.
Sec. 3. K.S.A. 1999 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.
1999
Supp. 72-1046b, and amendments thereto, until expiration of such
section
on July 1, 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. 1999 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 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
accordance
with the provisions of an agreement entered into under authority
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 school 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
conditions which apply to the requirements of this provision are as
fol-
lows:
(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).
(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.
(e) (1) Subject to the
limitations specified in this subsection, the
board of education of any school district may prescribe and
collect fees
to offset, totally or in part, the costs incurred for the
provision or fur-
nishing of transportation for pupils. The limitations which
apply to the
authorization granted by this subsection are as
follows:
(A) Fees for the provision or
furnishing of transportation for pupils
shall be prescribed and collected only to recover the costs
incurred as a
result of and directly attributable to the provision or
furnishing of trans-
portation for pupils and only to the extent that such costs are
not reim-
bursed from any other source provided by law;
(B) fees for the provision or
furnishing of transportation may not be
assessed against or collected from any pupil who is counted in
determining
the transportation weighting of the school district under the
provisions of
the school district finance and quality performance act or any
pupil who
is determined to be a child with disabilities under the
provisions of the
special education for exceptional children act or any pupil who
is eligible
for free or reduced price meals under the national school lunch
act or any
pupil who is entitled to transportation under the provisions of
subsection
(a) of K.S.A. 72-8306, and amendments thereto, and who resides
21/2 miles
or more by the regular route of a school bus from the school
attended;
(C) fees for the provision or
furnishing of transportation for pupils in
accordance with the provisions of an agreement entered into
under au-
thority of K.S.A. 72-8233 or 72-8307, and amendments thereto,
shall be
controlled by the provisions of the agreement.
(2) All moneys received by a school
district from fees collected under
this subsection shall be deposited in the transportation fund of
the district.
Sec. 5. K.S.A. 1999 Supp. 72-1046b, 72-8302,
72-8303 and 72-8309
are hereby repealed.
Sec. 6. This act shall take effect and be in force
from and after its
publication in the Kansas register.
Approved May 15, 2000.
Published in the Kansas Register May 25, 2000.
__________