Legislative coordinating
council ......................... 17
An Act concerning school districts; providing for state financial
assistance; reauthorizing
the school district ad valorem tax levy; making and concerning
appropriations for the
fiscal year ending June 30, 2002, for the legislative coordinating
council; amending K.S.A.
46-1208a, 72-1106, 72-5205 and 72-6420 and K.S.A. 2000 Supp.
72-979, 72-983, 72-
6407, 72-6407 as amended by section 1 of this act, 72-6410,
72-6414, 72-6430, 72-6431,
72-8187 and 79-201x and repealing the existing sections;
also repealing K.S.A. 72-5206.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2000 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 children,
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 under
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 at-
tained 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 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 en-
rollment of districts on the basis of pupil attendance in
educational pro-
grams which differ in cost from regular educational programs.
(i) ``Low enrollment weighting'' means an addend
component assigned
to enrollment of districts having under 1,725 enrollment on the
basis of
costs attributable to maintenance of educational programs by such
dis-
tricts in comparison with costs attributable to maintenance of
educational
programs by districts having 1,725 or over enrollment.
(j) ``School facilities weighting'' means an addend
component assigned
to enrollment of districts on the basis of costs attributable to
commencing
operation of new school facilities. School facilities weighting may
be as-
signed 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 assigned
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.
2000 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. 2000
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, Salvation Army/Koch Center
Youth
Services, the Clarence M. Kelley Youth Center, the Clarence M.
Kelley Transitional Living Center, Trego County Secure Care Center,
St. Fran-
cis Academy at Atchison, St. Francis Academy at Ellsworth, St.
Francis
Academy at Salina, and St. Francis Center at
Salina, King's Achievement Center, and Liberty Juvenile Services and Treatment.
Sec. 2. K.S.A. 2000 Supp. 72-6430 is hereby amended to read
as fol-
lows: 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. 2000 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 Fa-
cility, the Sappa Valley Youth Ranch of Oberlin, Salvation
Army/Koch
Center Youth Services, the Clarence M. Kelley Youth Center, the
Clar- ence M. Kelley Transitional Living 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, King's Achievement Center, and Liberty Juvenile Services and
Treatment.
(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. 2000 Supp. 72-8187 is hereby amended to read
as fol-
lows: 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
provided. 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 correc-
tions center or facility, the Forbes Juvenile Attention Facility,
the Sappa
Valley Youth Ranch of Oberlin, Salvation Army/Koch Center Youth
Serv-
ices, the Clarence M. Kelley Youth Center, the Clarence M.
Kelley Tran- sitional Living Center, Trego County Secure Care Center, St.
Francis
Academy at Atchison, St. Francis Academy at Ellsworth, St. Francis
Acad-
emy at Salina, and St. Francis Center at
Salina, King's Achievement Cen- ter, and Liberty Juvenile Services and Treatment.
Sec. 4. On July 1, 2001, K.S.A. 2000 Supp. 72-6407, as
amended by
section 1 of this act, shall be and 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 and related services,
except special
education and related services for preschool-aged
exceptional children,
provided for by the district shall be counted as one pupil. A pupil
enrolled
in a district and attending special education and related
services for pre-
school-aged exceptional children 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 educational services at the Judge James
V. Rid-
del 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 provided for by a district at a
juvenile de-
tention facility shall not be counted. A pupil enrolled in a
district but
housed, maintained, and receiving educational services at a state
institu-
tion shall not be counted.
(b) ``Preschool-aged exceptional children'' means
exceptional children,
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 under
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 at-
tained 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 2,2303,756 preschool-aged
at-risk pupils to be counted in the 2001-02 school year and not more than 5,500
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, special education and
related services weighting, and transportation weighting to enrollment.
(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 en-
rollment of districts on the basis of pupil attendance in
educational pro-
grams which differ in cost from regular educational programs.
(i) ``Low enrollment weighting'' means an addend
component assigned
to enrollment of districts having under 1,725 enrollment on the
basis of
costs attributable to maintenance of educational programs by such
dis-
tricts in comparison with costs attributable to maintenance of
educational
programs by districts having 1,725 or over enrollment.
(j) ``School facilities weighting'' means an addend
component assigned
to enrollment of districts on the basis of costs attributable to
commencing
operation of new school facilities. School facilities weighting may
be as-
signed 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 assigned
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.
2000 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. 2000
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, Salvation Army/Koch Center
Youth
Services, the Clarence M. Kelley Youth Center, the Clarence M.
Kelley
Transitional Living Center, Trego County Secure Care Center, St.
Fran-
cis Academy at Atchison, St. Francis Academy at Ellsworth, St.
Francis
Academy at Salina, St. Francis Center at Salina, King's Achievement
Cen-
ter, and Liberty Juvenile Services and Treatment.
(o) ``Special education and related services
weighting'' means an ad- dend component assigned to enrollment of districts on the basis
of costs attributable to provision of special education and related
services for pu- pils determined to be exceptional children.
Sec. 5. On July 1, 2001, K.S.A. 2000 Supp. 72-6410 shall be
and is
hereby amended to read as follows: 72-6410. (a) ``State financial
aid''
means an amount equal to the product obtained by multiplying base
state
aid per pupil by the adjusted enrollment of a district.
(b) ``Base state aid per pupil'' means an amount of
state financial aid
per pupil. Subject to the other provisions of this subsection, the
amount
of base state aid per pupil is $3,770 in the 1999-2000
school year and $3,820 in the 2000-01 school year and in school years
thereafter$3,870.
The amount of base state aid per pupil is subject to reduction
commen-
surate with any reduction under K.S.A. 75-6704, and amendments
thereto, in the amount of the appropriation from the state general
fund
for general state aid. If the amount of appropriations for general
state aid
is insufficient to pay in full the amount each district is entitled
to receive
for any school year, the amount of base state aid per pupil for
such school
year is subject to reduction commensurate with the amount of the
insuf-
ficiency.
(c) ``Local effort'' means the sum of an amount equal
to the proceeds
from the tax levied under authority of K.S.A. 72-6431, and
amendments
thereto, and an amount equal to any unexpended and unencumbered
balance remaining in the general fund of the district, except
amounts
received by the district and authorized to be expended for the
purposes
specified in K.S.A. 72-6430, and amendments thereto, and an
amount
equal to any unexpended and unencumbered balances remaining in
the
program weighted funds of the district, except any amount in the
voca-
tional education fund of the district if the district is operating
an area
vocational school, and an amount equal to any remaining proceeds
from
taxes levied under authority of K.S.A. 72-7056 and 72-7072, and
amend-
ments thereto, prior to the repeal of such statutory sections, and
an
amount equal to the amount deposited in the general fund in the
current
school year from amounts received in such year by the district
under the
provisions of subsection (a) of K.S.A. 72-1046a, and amendments
thereto,
and an amount equal to the amount deposited in the general fund in
the
current school year from amounts received in such year by the
district
pursuant to contracts made and entered into under authority of
K.S.A.
72-6757, and amendments thereto, and an amount equal to the
amount
credited to the general fund in the current school year from
amounts
distributed in such year to the district under the provisions of
articles 17
and 34 of chapter 12 of Kansas Statutes Annotated and under the
pro-
visions of articles 42 and 51 of chapter 79 of Kansas Statutes
Annotated,
and an amount equal to the amount of payments received by the
district under the provisions of K.S.A. 72-979, and amendments thereto,
and an amount equal to the amount of a grant, if any, received by the
district under the provisions of K.S.A. 2000 Supp. 72-983, and
amendments thereto, and an amount equal to 75% of the federal impact
aid of the
district.
(d) ``Federal impact aid'' means an amount equal to the
federally qual-
ified percentage of the amount of moneys a district receives in the
current
school year under the provisions of title I of public law 874 and
congres-
sional appropriations therefor, excluding amounts received for
assistance
in cases of major disaster and amounts received under the low-rent
hous-
ing program. The amount of federal impact aid defined herein as
an
amount equal to the federally qualified percentage of the amount of
mon-
eys provided for the district under title I of public law 874 shall
be de-
termined by the state board in accordance with terms and
conditions
imposed under the provisions of the public law and rules and
regulations
thereunder.
Sec. 6. On July 1, 2001, K.S.A. 2000 Supp. 72-6414 shall be
and is
hereby amended to read as follows: 72-6414. (a) The at-risk
pupil weight-
ing of each district shall be determined by the state board by
multiplying
the number of at-risk pupils included in enrollment of the district
by .09 .10. The product is the at-risk pupil weighting of the
district.
(b) Except as provided in subsection (d), of the amount a
district re- ceives from the at-risk pupil weighting, an amount produced by a
pupil weighting of .01 shall be used by the district for achieving
mastery of basic reading skills by completion of the third grade in
accordance with standards and outcomes of mastery identified by the state board
under K.S.A. 2000 Supp. 72-7534, and amendments thereto.
(c) A district shall include such information in its
at-risk pupil assis- tance plan as the state board may require regarding the
district's reme- diation strategies and the results thereof in achieving the
third grade reading standards and outcomes of mastery identified by the
state board. The reporting requirements shall include information documenting
re- mediation strategies and improvement made by pupils who
performed below the expected standard on the second grade diagnostic
reading test prescribed by the state board.
(d) A district whose pupils substantially achieve
the state board stan- dards and outcomes of mastery of reading skills upon completion
of third grade may be released, upon request, by the state board from the
require- ments of subsection (b).
Sec. 7. On July 1, 2001, K.S.A. 2000 Supp. 72-6431 shall be
and is
hereby amended to read as follows: 72-6431. (a) The board of each
district
shall levy an ad valorem tax upon the taxable tangible property of
the
district in the school years specified in subsection (b) for the
purpose of:
(1) Financing that portion of the district's general
fund budget which
is not financed from any other source provided by law;
(2) paying a portion of the costs of operating and
maintaining public
schools in partial fulfillment of the constitutional obligation of
the legis-
lature to finance the educational interests of the state; and
(3) with respect to any redevelopment district
established prior to July
1, 1997, pursuant to K.S.A. 12-1771, and amendments thereto, paying
a
portion of the principal and interest on bonds issued by cities
under au-
thority of K.S.A. 12-1774, and amendments thereto, for the
financing of
redevelopment projects upon property located within the
district.
(b) The tax required under subsection (a) shall be
levied at a rate of
20 mills in the 1999-20002001-02 school
year and in the 2000-012002- 03 school year.
(c) The proceeds from the tax levied by a district
under authority of
this section, except the proceeds of such tax levied for the
purpose of
paying a portion of the principal and interest on bonds issued by
cities
under authority of K.S.A. 12-1774, and amendments thereto, for the
fi-
nancing of redevelopment projects upon property located within the
dis-
trict, shall be deposited in the general fund of the district.
(d) On June 1 of each year, the amount, if any, by
which a district's
local effort exceeds the amount of the district's state financial
aid, as
determined by the state board, shall be remitted to the state
treasurer.
Upon receipt of any such remittance, the state treasurer shall
deposit the
same in the state treasury to the credit of the state school
district finance
fund.
(e) No district shall proceed under K.S.A. 79-1964,
79-1964a or 79-
1964b, and amendments to such sectionsthereto.
New Sec. 8. (a) The special education and related services
weighting
of each district shall be determined in each school year as
follows:
(1) Add the amount of payments received by the district
under the
provisions of K.S.A. 72-979, and amendments thereto, to the amount
of
a grant, if any, received by the district under the provisions of
K.S.A. 2000
Supp. 72-983, and amendments thereto;
(2) divide the sum obtained under (1) by base state aid
per pupil. The
quotient is the special education and related services weighting of
the
district.
(b) The provisions of this section shall take effect
and be in force from
and after July 1, 2001.
Sec. 9. On July 1, 2001, K.S.A. 2000 Supp. 79-201x shall be
and is
hereby amended to read as follows: 79-201x. For taxable years
19992001
and 20002002, the following described
property, to the extent herein
specified, shall be and is hereby exempt from the property tax
levied
pursuant to the provisions of K.S.A. 72-6431, and amendments
thereto:
Property used for residential purposes to the extent of $20,000 of
its
appraised valuation.
New Sec. 10. (a) The legislative coordinating council shall
provide for
a professional evaluation of school district finance to determine
the cost
of a suitable education for Kansas children. The evaluation shall
include
a thorough study of the school district finance and quality
performance
act with the objective of addressing inadequacies and inequities
inherent
in the act. In addition to any other subjects the legislative
coordinating
council deems appropriate, the evaluation shall address the
following ob-
jectives:
(1) A determination of the funding needed to provide a
suitable edu-
cation in typical K-12 schools of various sizes and locations
including, but
not limited to, per pupil cost;
(2) a determination of the additional support needed
for special edu-
cation, at-risk, limited English proficient pupils and pupils
impacted by
other special circumstances;
(3) a determination of funding adjustments necessary to
ensure com-
parable purchasing power for all districts, regardless of size or
location;
and
(4) a determination of an appropriate annual adjustment
for inflation.
(b) In addressing the objectives of the evaluation as
specified in sub-
section (a), consideration shall be given to:
(1) The cost of providing comparable opportunities in
the state's small
rural schools as well as the larger, more urban schools, including
differ-
ences in transportation needs resulting from population sparsity as
well
as differences in annual operating costs;
(2) the cost of providing suitable opportunities in
elementary, middle
and high schools;
(3) the additional costs of providing special
programming opportuni-
ties, including vocational education programs;
(4) the additional cost associated with educating
at-risk children and
those with limited English proficiency;
(5) the additional cost associated with meeting the
needs of pupils with
disabilities;
(6) the cost of opening new facilities; and
(7) the geographic variations in costs of personnel,
materials, supplies
and equipment and other fixed costs so that districts across the
state are
afforded comparable purchasing power.
(c) Within the limits of appropriations therefor, the
legislative coor-
dinating council shall secure consultant services to conduct the
profes-
sional evaluation of school district finance required by this
section and
provide for a presentation to the governor and the legislature of
the find-
ings of the evaluation along with recommendations for components of
a
school district finance plan that will fulfill the state's
obligation to provide
a suitable education for Kansas children. The findings of the
evaluation
and recommendations shall be presented to the governor and the
legis-
lature at the beginning of the 2002 legislative session.
(d) The legislative coordinating council shall
designate a special com-
mittee to assist the council in discharging its responsibilities
under this
section, including prepare a request for proposals for the conduct
of
school finance system evaluation; advertise nationally for such
proposals;
evaluate the proposals; recommend to the council a consultant or
con-
sultants best qualified to conduct the study; consult with the
council con-
cerning terms and conditions of the consulting contract; act in an
advisory
capacity to assist the consultant in the conduct of the evaluation;
on behalf
of the council, receive from the consultant regular reports of
progress;
and receive the final report of the consultant three weeks prior to
formal
submission of the report to the 2002 legislature on January 14,
2002. The
special committee shall be composed of some or all of the members
of
the legislative educational planning committee as determined by the
leg-
islative coordinating council. The legislative coordinating council
shall de-
termine the number of members of the special committee who shall
be
members of the house of representatives, members of the senate,
mem-
bers of the majority party and members of the minority party.
(e) For the purpose of the professional evaluation of
school district
finance, the term ``suitable education'' means a curricular program
con-
sisting of the subjects and courses required under the provisions
of K.S.A.
72-1101, 72-1103 and 72-1117, and amendments thereto, the courses
in
foreign language, fine arts and physical education required to
qualify for
a state scholarship under the provisions of K.S.A. 72-6810 through
72-
6816, and amendments thereto, and the courses included in the
precol-
lege curriculum prescribed by the board of regents under the
provisions
of K.S.A. 76-717, and amendments thereto.
Sec. 11. On July 1, 2001, K.S.A. 72-1106 shall be and is
hereby
amended to read as follows: 72-1106. (a) Subject to the other
provisions
of this section, a school term during which public school shall be
main-
tained in the 1992-93each school year by
each school district organized
under the laws of this state shall consist of: (1) For
pupils attending kin- dergarten, not less than 181 school days and each such
school day shall consist of not less than 21/2 hours; and (2) for pupils
attending any of the grades one through 11, not less than 181 school days and
each such school day shall consist of not less than six hours; and (3) for
pupils attending grade 12, not less than 176 school days and each such
school day shall consist of not less than six hours. The minimum number of
school days in a school term shall be increased by two school days in
the 1993-94 school year. The school term in school years commencing
after June 30, 1994, shall consist of not less than 186 school
days for pupils attending
kindergarten or any of the grades one through 11 and not less than
181
school days for pupils attending grade 12.
(b) Subject to a policy developed and adopted by
it, the board of any
school district, the board may provide for a school term
consisting of
school hours. A school term provided for in a policy adopted under
this
subsection shall consist of: (1) For pupils attending kindergarten,
not less
than 4521/2 school hours in the 1992-93 school year, not
less than 4571/2 school hours in the 1993-94 school year, and not less
than 465 school
hours in each school year commencing after June 30,
1994; and (2) for
pupils attending any of the grades one through 11, not less than
1,086 school hours in the 1992-93 school year, not less than
1,098 school hours in the 1993-94 school year, and not less than
1,116 school hours in each
school year commencing after June 30, 1994; and
(3) for pupils attending
grade 12, not less than 1,056 school hours in the 1992-93
school year, not less than 1,068 school hours in the 1993-94 school year,
and not less than
1,086 school hours in each school year commencing after
June 30, 1994.
Each board of education which develops and adopts a policy
providing
for a school term in accordance with this subsection shall notify
the state
board of education thereof on or before September 15 in each
school
year for which the policy is to be in effect.
(c) Subject to a plan developed and adopted by
it, the board of any
school district, the board may schedule the school days
required for a
school term provided for under subsection (a), or the school hours
re-
quired for a school term provided for in a policy adopted under
subsection
(b), on a trimestral or quarterly basis. Each board of education
which
develops and adopts a plan providing for the scheduling of the
school
days or school hours of the school term on a trimestral or
quarterly basis
shall submit the plan to the state board of education for approval
prior
to implementation. The plan shall be prepared in such form and
manner
as the state board shall require and shall be submitted at a time
or times
to be determined and specified by the state board.
(d) Subject to a policy developed and adopted by the
board of any district as an adjunct to the district's disciplinary policy or
as a part of the district's school improvement plan, the board may schedule
school days in addition to the school days scheduled for a school term
provided for under subsection (a), or school hours in addition to the
school hours scheduled for a school term provided for in a policy adopted
under sub- section (b), or both such additional school days and school
hours for pupils who are in need of remedial education or who are subject to
disciplinary measures imposed under the district's disciplinary policy. Any
school day or school hour scheduled for a pupil under a policy adopted
under this subsection may be scheduled on weekends, before or after regular
school hours, and during the summer months. Inexcusable absence from
school on any school day or during any school hour by any pupil for
whom additional school days or school hours have been scheduled under
a policy adopted under this subsection shall be counted as an inexcusable
absence from school for the purposes of K.S.A. 72-1113, and amendments
thereto.
(d)(e) If the board of any
school district, or its designee, shall deter-
mine that inclement weather will cause hazardous driving
conditions, the
board, or its designee, may close any or all of the schools within
the
district. The amount of time pupils have been in attendance when
such
determination is made shall be considered a school day of a school
term
or shall be considered the number of school hours for pupils to be
in
attendance at school in a day, whichever is applicable. Consonant
with
the other provisions of this section, a board may schedule any
number of
days or hours in excess of the regularly scheduled school days or
school
hours which the board determines will be necessary to compensate
for
those school days or school hours that schools of the district will
remain
closed during the school term due to hazardous driving conditions.
If the
number of days or hours schools remain closed due to hazardous
driving
conditions exceeds the number of days or hours scheduled by the
board
to compensate for such school days or school hours, the excess
number
of days or hours, not to exceed whichever is the lesser of (1) the
number
of compensatory days or hours scheduled by the board or (2) five
days or
the number of school hours regularly scheduled in five days, that
schools
remain closed due to such conditions shall be considered school
days or
school hours.
(e)(f) The state board of
education may waive the requirements of
law relating to the duration of the school term upon application
for such
waiver by a school district. Such waiver may be granted by the
state board
of education upon: (1) Certification by a board that, due to the
persistence
of inclement weather, hazardous driving conditions have existed in
the
school district for an inordinate period of time; and (2) a
determination
by the state board that the school district cannot reasonably
adjust its
schedule to comply with statutory requirements. Such waiver shall
not
exempt a school district from providing a school offering for each
pupil
which is substantially equivalent to that required by law.
(f)(g) Time reserved for
parent-teacher conferences for discussions
on the progress of pupils may be considered part of the school
term.
(g)(h) Time reserved for staff
development or inservice training pro-
grams for the purpose of improving staff skills, developing
competency
in new or highly specialized fields, improving instructional
techniques, or
curriculum planning and study may be considered part of the school
term
for an aggregate amount of time equal to the amount of time in
excess
of the school term which is scheduled by a board of education for
similar
activities.
(h)(i) Boards of education may
employ noncertificated personnel to
supervise pupils for noninstructional activities.
Sec. 12. On July 1, 2001, K.S.A. 2000 Supp. 72-979 shall be
and is
hereby amended to read as follows: 72-979. (a) Payments under this
act
shall be made in the manner and at such times during each school
year
as are determined by the state board. All amounts received by a
district under this section shall be deposited in the general fund of the
district and transferred to its special education fund. If any
district is paid more
than it is entitled to receive under any distribution made under
this act,
the state board shall notify the district of the amount of such
overpay-
ment, and such district shall remit the same to the state board.
The state
board shall remit any moneys so received to the state treasurer,
and the
state treasurer shall deposit the same in the state treasury to the
credit
of the general fund. If any such district fails so to remit, the
state board
shall deduct the excess amounts so paid from future payments
becoming
due to such district. If any district is paid less than the amount
to which
it is entitled under any distribution made under this act, the
state board
shall pay the additional amount due at any time within the school
year in
which the underpayment was made or within 60 days after the end
of
such school year.
(b) The state board shall prescribe all forms necessary
for reporting
under this act.
(c) Every board shall make such periodic and special
reports of infor-
mation to the state board as it may request in order to carry out
its re-
sponsibilities under this act.
Sec. 13. On July 1, 2001, K.S.A. 2000 Supp. 72-983 shall be
and is
hereby amended to read as follows: 72-983. (a) In each school year,
to
the extent that appropriations are available, each school district
which has
provided special education or related services for an exceptional
child
whose IEP provides for services which cost in excess of $25,000 for
the
school year is eligible to receive a grant of state moneys in an
amount
equal to 75% of that portion of the costs, incurred by the district
in the
provision of special education or related services for the child,
that is in
excess of $25,000.
(b) In order to be eligible for a grant of state moneys
provided for by
subsection (a), a school district shall submit to the state board
of education
an application for a grant, a description of the special education
or related
services provided, and the name or names of the child or children
for
whom provided. The application and description 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 special
educationgeneral fund of the
school district and transferred to its special education
fund. Amounts received under this section and deposited in the special
education fund shall be used exclusively to reimburse the school district,
in part, for the amount expended in providing special education or related
services for the exceptional child or children whose name or names were
provided under subsection (b).
(e) The state board of education shall:
(1) Prescribe and adopt criteria for identification and
determination of
excessive costs attributable to the provision of special education
and re-
lated services for which an application for a grant of state moneys
may
be made under this section;
(2) approve applications of school districts for
grants;
(3) determine the amount of grants and be responsible
for payment of
such grants to school districts; and
(4) prescribe all forms necessary for reporting under
this section.
(f) 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 districts
which
are eligible to receive grants of state moneys in proportion to the
amount
each school district is determined to be eligible to receive.
Sec. 14. On July 1, 2001, K.S.A. 72-6420 shall be and is
hereby
amended to read as follows: 72-6420. (a) There is hereby
established in
every district a fund which shall be called the special education
fund,
which fund shall consist of all moneys deposited therein or
transferred
thereto according to law. Notwithstanding any other provision of
law, all
moneys received by the district from whatever source for special
educa-
tion shall be credited to the special education fund established by
this
section, except that (1) amounts of payments received by a
district under K.S.A. 2000 Supp. 72-979, and amendments thereto, and amounts
of grants, if any, received by a district under K.S.A. 72-983, and
amend- ments thereto, shall be deposited in the general fund of the
district and transferred to the special education fund, and (2) moneys
received by a
district pursuant to lawful agreements made under K.S.A. 72-968,
and
amendments thereto, shall be credited to the special fund
established
under the agreements.
(b) The expenses of a district directly
attributable to special education
shall be paid from the special education fund and from special
funds
established under K.S.A. 72-968, and amendments thereto.
(c) Obligations of a district pursuant to lawful
agreements made under
K.S.A. 72-968, and amendments thereto, shall be paid from the
special
education fund established by this section.
(b) The provisions of this section shall take
effect and be in force from and after July 1, 1992.
Sec. 15. On July 1, 2001, K.S.A. 72-5205 shall be and is
hereby
amended to read as follows: 72-5205. (a) (1) Each school
board shall
provide basic vision screening without charge to every pupil
enrolled in itseach school under the governance of
such school board not less than
once every two (2) years. All such tests shall be performed by a
teacher
or some other person designated by the school board. The results of
the
test and, if necessary, the desirability of examination by a
qualified phy-
sician, ophthalmologist or optometrist shall be reported to
the parents or
guardians of such pupils:Provided,That the.
Information so reported relating to the desirability of examination by a qualified
physician, oph- thalmologist or optometrist shall not show preference in
favor of any such
professional person.
(2) The requirements of this subsection shall not
apply to a pupil who has had a basic vision screening examination within six months
prior to the provision of basic vision screening in the school in which
the pupil is enrolled.
(b) Each pupil needing assistance in achieving
mastery of basic read- ing, writing and mathematics skills shall be encouraged to
obtain an eye examination by an optometrist or ophthalmologist to determine if
the pu- pil suffers from conditions which impair the ability to read.
Expense for such examination, if not reimbursed through Medicaid,
Healthwave, pri- vate insurance or other governmental or private program, shall
be the responsibility of the pupil's parent or guardian.
Sec. 16. K.S.A. 46-1208a is hereby amended to read as
follows: 46-
1208a. (a) The legislative educational planning committee is hereby
es-
tablished and shall be composed of 1113
members, sixseven of whom
shall be members of the house of representatives and
fivesix of whom
shall be senators. At least five members of the committee
shall be of the minority party, with at least two thereof from each
house. Members of
the legislative educational planning committee shall be appointed
by the
legislative coordinating council. The legislative coordinating
council shall determine the number of members of the committee who shall be
members of the majority party and the number of members of the committee
who shall be members of the minority party. The committee shall
be perma-
nent with membership changing from time to time as the legislative
co-
ordinating council shall determine.
(b) The legislative educational planning committee
shall plan for pub-
lic and private postsecondary education in Kansas, including
vocational
and technical education; explore, study and make recommendations
con- cerning preschool and K-12 education in Kansas; review
implementation of legislation relating to educational matters; and consider
such other matters as the legislative coordinating council may assign.
The committee
shall annually make a report and recommendations to the legislature
and
the governor and may cause the same to be published separately
from
other documents which are required by law to be submitted to the
leg-
islative coordinating council. The reports and recommendations of
the
committee shall include a developmental schedule for implementation
of
educational goals established by the committee. The committee
shall
from time to time update such schedule as new or additional
information
is developed or refined.
(c) The provisions of the acts contained in article 12
of chapter 46 of
the Kansas Statutes Annotated, and amendments thereto, applicable
to
special committees shall apply to the legislative educational
planning com-
mittee to the extent that the same do not conflict with the
specific pro-
visions of this act applicable to the committee.
(d) Upon request of the legislative educational
planning committee,
the state board of regents and the state board of education shall
provide
consultants from the faculties and staffs of institutions and
agencies under
the respective control and jurisdiction thereof.
(e) The legislative educational planning committee
shall meet upon call of its chairperson and may introduce such legislation as it
deems neces-
sary in performing its functions.
Sec. 17.
LEGISLATIVE COORDINATING COUNCIL
(a) There is appropriated for the above agency from the
state general
fund for the fiscal year or years specified, the following:
Professional evaluation of school district finance
For the fiscal year ending June 30, 2002
$225,000
Provided, That expenditures shall be made from the
professional evalu-
ation of school district finance account for a study to determine
the per
pupil cost of a suitable education for Kansas children pursuant to
2001
Senate Substitute for House Bill No. 2336.
Sec. 18. K.S.A. 46-1208a and K.S.A. 2000 Supp. 72-6407,
72-6430 and
72-8187 are hereby repealed.
Sec. 19. On July 1, 2001, K.S.A. 72-1106, 72-5205, 72-5206
and 72-
6420 and K.S.A. 2000 Supp. 72-979, 72-983, 72-6407 as amended
by
section 1 of this act, 72-6410, 72-6414, 72-6431 and 79-201x shall
be and
are hereby repealed.
Sec. 20. This act shall take effect and be in force
from and after its
publication in the Kansas register.
Approved May 22, 2001.
Published in the Kansas Register May 31, 2001.