CHAPTER 95
HOUSE BILL No. 2810
An Act concerning school districts; affecting the count of
preschool-aged at-risk pupils;
revising the definition of juvenile detention facility for the
provision of educational serv-
ices and grants of state moneys; amending K.S.A. 1999 Supp.
72-6407, 72-6430 and 72-
8187 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1999 Supp.
72-6407 is hereby amended to read as
follows: 72-6407. (a) ``Pupil'' means any person who is regularly
enrolled
in a district and attending kindergarten or any of the grades one
through
12 maintained by the district or who is regularly enrolled in a
district and
attending kindergarten or any of the grades one through 12 in
another
district in accordance with an agreement entered into under
authority of
K.S.A. 72-8233, and amendments thereto, or who is regularly
enrolled in
a district and attending special education services provided for
preschool-
aged exceptional children by the district. Except as otherwise
provided
in this subsection, a pupil in attendance full time shall be
counted as one
pupil. A pupil in attendance part time shall be counted as that
proportion
of one pupil (to the nearest 1/10) that the pupil's attendance
bears to full-
time attendance. A pupil attending kindergarten shall be counted as
1/2
pupil. A pupil enrolled in and attending an institution of
postsecondary
education which is authorized under the laws of this state to award
aca-
demic degrees shall be counted as one pupil if the pupil's
postsecondary
education enrollment and attendance together with the pupil's
attend-
ance in either of the grades 11 or 12 is at least 5/6 time,
otherwise the
pupil shall be counted as that proportion of one pupil (to the
nearest 1/10)
that the total time of the pupil's postsecondary education
attendance and
attendance in grade 11 or 12, as applicable, bears to full-time
attendance.
A pupil enrolled in and attending an area vocational school, area
voca-
tional-technical school or approved vocational education program
shall be
counted as one pupil if the pupil's vocational education enrollment
and
attendance together with the pupil's attendance in any of grades
nine
through 12 is at least 5/6 time, otherwise the pupil shall be
counted as that
proportion of one pupil (to the nearest 1/10) that the total time
of the
pupil's vocational education attendance and attendance in any of
grades
nine through 12 bears to full-time attendance. A pupil enrolled in
a dis-
trict and attending special education services, except special
education
services for preschool-aged exceptional children, provided for by
the dis-
trict shall be counted as one pupil. A pupil enrolled in a district
and
attending special education services for preschool-aged exceptional
chil-
dren provided for by the district shall be counted as 1/2 pupil. A
preschool-
aged at-risk pupil enrolled in a district and receiving services
under an
approved at-risk pupil assistance plan maintained by the district
shall be
counted as 1/2 pupil. A pupil in the custody of the secretary of
social and
rehabilitation services and enrolled in unified school district No.
259,
Sedgwick county, Kansas, but housed, maintained, and receiving
educa-
tional services at the Judge James V. Riddel Boys Ranch, shall be
counted
as two pupils. A pupil residing at the Flint Hills job corps center
shall not
be counted. A pupil confined in and receiving educational services
pro-
vided for by a district at a juvenile detention facility shall not
be counted.
A pupil enrolled in a district but housed, maintained, and
receiving ed-
ucational services at a state institution shall not be counted.
(b) ``Preschool-aged exceptional
children'' means exceptional chil-
dren, except gifted children, who have attained the age of three
years but
are under the age of eligibility for attendance at
kindergarten.
(c) ``At-risk pupils'' means pupils who
are eligible for free meals un-
der the national school lunch act and who are enrolled in a
district which
maintains an approved at-risk pupil assistance plan.
(d) ``Preschool-aged at-risk pupil''
means an at-risk pupil who has
attained the age of four years, is under the age of eligibility for
attendance
at kindergarten, and has been selected by the state board in
accordance
with guidelines consonant with guidelines governing the selection
of pu-
pils for participation in head start programs. The state board
shall select
not more than 1,794 preschool-aged at-risk pupils to be counted
in the
1999-2000 school year and not more than
1,794 2,230 preschool-aged at-
risk pupils to be counted in any school year thereafter.
(e) ``Enrollment'' means, for districts
scheduling the school days or
school hours of the school term on a trimestral or quarterly basis,
the
number of pupils regularly enrolled in the district on September 20
plus
the number of pupils regularly enrolled in the district on February
20
less the number of pupils regularly enrolled on February 20 who
were
counted in the enrollment of the district on September 20; and for
dis-
tricts not hereinbefore specified, the number of pupils regularly
enrolled
in the district on September 20. Notwithstanding the foregoing, if
en-
rollment in a district in any school year has decreased from
enrollment
in the preceding school year, enrollment of the district in the
current
school year means whichever is the greater of (1) enrollment in the
pre-
ceding school year minus enrollment in such school year of
preschool-
aged at-risk pupils, if any such pupils were enrolled, plus
enrollment in
the current school year of preschool-aged at-risk pupils, if any
such pupils
are enrolled, or (2) the sum of enrollment in the current school
year of
preschool-aged at-risk pupils, if any such pupils are enrolled and
the av-
erage (mean) of the sum of (A) enrollment of the district in the
current
school year minus enrollment in such school year of preschool-aged
at-
risk pupils, if any such pupils are enrolled and (B) enrollment in
the
preceding school year minus enrollment in such school year of
preschool-
aged at-risk pupils, if any such pupils were enrolled and (C)
enrollment
in the school year next preceding the preceding school year minus
en-
rollment in such school year of preschool-aged at-risk pupils, if
any such
pupils were enrolled.
(f) ``Adjusted enrollment'' means
enrollment adjusted by adding at-
risk pupil weighting, program weighting, low enrollment weighting,
if any,
correlation weighting, if any, school facilities weighting, if any,
ancillary
school facilities weighting, if any, and transportation weighting
to enroll-
ment.
(g) ``At-risk pupil weighting'' means an
addend component assigned
to enrollment of districts on the basis of enrollment of at-risk
pupils.
(h) ``Program weighting'' means an addend
component assigned to
enrollment of districts on the basis of pupil attendance in
educational
programs which differ in cost from regular educational
programs.
(i) ``Low enrollment weighting'' means an
addend component as-
signed to enrollment of districts having under 1,725 enrollment on
the
basis of costs attributable to maintenance of educational programs
by such
districts in comparison with costs attributable to maintenance of
educa-
tional programs by districts having 1,725 or over enrollment.
(j) ``School facilities weighting'' means
an addend component as-
signed to enrollment of districts on the basis of costs
attributable to com-
mencing operation of new school facilities. School facilities
weighting may
be assigned to enrollment of a district only if the district has
adopted a
local option budget and budgeted therein the total amount
authorized for
the school year. School facilities weighting may be assigned to
enrollment
of the district only in the school year in which operation of a new
school
facility is commenced and in the next succeeding school year.
(k) ``Transportation weighting'' means an
addend component as-
signed to enrollment of districts on the basis of costs
attributable to the
provision or furnishing of transportation.
(l) ``Correlation weighting'' means an
addend component assigned to
enrollment of districts having 1,725 or over enrollment on the
basis of
costs attributable to maintenance of educational programs by such
dis-
tricts as a correlate to low enrollment weighting assigned to
enrollment
of districts having under 1,725 enrollment.
(m) ``Ancillary school facilities
weighting'' means an addend compo-
nent assigned to enrollment of districts to which the provisions of
K.S.A.
1999 Supp. 72-6441, and amendments thereto, apply on the basis of
costs
attributable to commencing operation of new school facilities.
Ancillary
school facilities weighting may be assigned to enrollment of a
district only
if the district has levied a tax under authority of K.S.A. 1999
Supp. 72-
6441, and amendments thereto, and remitted the proceeds from such
tax
to the state treasurer. Ancillary school facilities weighting is in
addition
to assignment of school facilities weighting to enrollment of any
district
eligible for such weighting.
(n) ``Juvenile detention facility'' means
any community juvenile cor-
rections center or facility, the Forbes Juvenile Attention
Facility, the
Sappa Valley Youth Ranch of Oberlin, the Parkview Passages
Residential
Treatment Center of Topeka, Charter Wichita Behavior Health
System,
L.L.C. and Salvation Army/Koch Center Youth
Services, the Clarence M.
Kelley Youth Center, Trego County Secure Care Center, St.
Francis Acad-
emy at Atchison, St. Francis Academy at Ellsworth, St. Francis
Academy
at Salina, and St. Francis Center at Salina.
Sec. 2. K.S.A. 1999 Supp. 72-6430
is hereby amended to read as
follows: 72-6430. Expenditures of a district for the following
purposes are
not operating expenses:
(a) Payments to another district in an
adjustment of rights as provided
in K.S.A. 72-6776, and amendments thereto, or upon transfer of
territory
as provided in K.S.A. 72-7105, 72-7106 or 72-7107, and amendments
to
such sections, if paid from any fund other than the general
fund.
(b) Payments to another district under
K.S.A. 72-7105a, and amend-
ments thereto.
(c) The maintenance of student activities
which are reimbursed.
(d) Expenditures from any lawfully
authorized fund of a district other
than its general fund.
(e) The provision of educational services
for pupils residing at the
Flint Hills job corps center or for pupils confined in a juvenile
detention
facility for which the district is reimbursed by a grant of state
moneys as
provided in K.S.A. 1999 Supp. 72-8187, and amendments thereto.
As
used in this subsection, the term juvenile detention facility means
any
community juvenile corrections center or facility, the Forbes
Juvenile
Attention Facility, the Sappa Valley Youth Ranch of Oberlin,
the Parkview
Passages Residential Treatment Center of Topeka, Charter
Wichita Be-
havior Health System, L.L.C. and Salvation
Army/Koch Center Youth
Services, the Clarence M. Kelley Youth Center, Trego County
Secure Care
Center, St. Francis Academy at Atchison, St. Francis Academy at
Ells-
worth, St. Francis Academy at Salina, and St. Francis Center at
Salina.
(f) Programs financed in part or in whole
by federal funds which may
be expended although not included in the budget of the district,
excepting
funds received under the provisions of title I of public law 874
(but not
including in such exception amounts received for assistance in
cases of
major disaster and amounts received under the low-rent housing
pro-
gram), to the extent of the federal funds to be provided.
Sec. 3. K.S.A. 1999 Supp. 72-8187
is hereby amended to read as
follows: 72-8187. (a) In each school year, to the extent that
appropriations
are available, each school district which has provided educational
services
for pupils residing at the Flint Hills job corps center or for
pupils confined
in a juvenile detention facility is eligible to receive a grant of
state moneys
in an amount to be determined by the state board of education.
(b) In order to be eligible for a grant
of state moneys provided for by
this section, each school district which has provided educational
services
for pupils residing at the Flint Hills job corps center or for
pupils confined
in a juvenile detention facility shall submit to the state board of
education
an application for a grant and shall certify the amount
expended, and not
reimbursed or otherwise financed, in the school year for the
services pro-
vided. The application and certification shall be prepared in such
form
and manner as the state board shall require and shall be submitted
at a
time to be determined and specified by the state board. Approval by
the
state board of applications for grants of state moneys is
prerequisite to
the award of grants.
(c) Each school district which is awarded
a grant under this section
shall make such periodic and special reports of statistical and
financial
information to the state board as it may request.
(d) All moneys received by a school
district under authority of this
section shall be deposited in the general fund of the school
district and
shall be considered reimbursement of the district for the purpose
of the
school district finance and quality performance act.
(e) The state board of education
shall approve applications of school
districts for grants, determine the amount of grants and be
responsible
for payment of grants to school districts. In determining the
amount of a
grant which a school district is eligible to receive, the state
board shall
compute the amount of state financial aid the district would have
received
on the basis of enrollment of pupils residing at the Flint Hills
job corps
center or confined in a juvenile detention facility if such pupils
had been
counted as two pupils under the school district finance and quality
per-
formance act and compare such computed amount to the amount
certi-
fied by the district under subsection (b). The amount of the grant
the
district is eligible to receive shall be an amount equal to the
lesser of the
amount computed under this subsection or the amount certified
under
subsection (b). If the amount of appropriations for the payment of
grants
under this section is insufficient to pay in full the amount each
school
district is determined to be eligible to receive for the school
year, the
state board shall prorate the amount appropriated among all school
dis-
tricts which are eligible to receive grants of state moneys in
proportion
to the amount each school district is determined to be eligible to
receive.
(f) As used in this section:
(1) ``Enrollment'' means the number of
pupils who are residing at the
Flint Hills job corps center or who are confined in a juvenile
detention
facility and for whom a school district is providing educational
services
on September 20, on November 20, or on April 20 of a school
year,
whichever is the greatest number of pupils; and
(2) ``juvenile detention facility'' means
any community juvenile cor-
rections center or facility, the Forbes Juvenile Attention
Facility, the
Sappa Valley Youth Ranch of Oberlin, the Parkview Passages
Residential
Treatment Center of Topeka, Charter Wichita Behavior Health
System,
L.L.C. and Salvation Army/Koch Center Youth
Services, the Clarence M.
Kelley Youth Center, Trego County Secure Care Center, St.
Francis Acad-
emy at Atchison, St. Francis Academy at Ellsworth, St. Francis
Academy
at Salina, and St. Francis Center at Salina.
Sec. 4. K.S.A. 1999 Supp. 72-6407, 72-6430 and
72-8187 are hereby
repealed.
Sec. 5. This act shall take effect and be in force
from and after its
publication in the Kansas register.
Approved April 16, 2000.
Published in the Kansas Register April 27, 2000.
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