CHAPTER 22 HOUSE BILL No. 2217 An Act concerning school districts; relating to transportation of nonresident pupils; amend-
ing K.S.A. 2000 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. 2000 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.

      (3) ``Sending school district'' means a school district of residence of
a pupil.

      (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 any pupil may apply to the board
of education of a sending school district on or before July 15 of the current
school year for authority for such pupil to be furnished or provided trans-
portation to school from the pupil's residence and from school to the
pupil's residence by the 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 a sending school district shall inquire of the receiving school
district whether it is willing to furnish or provide transportation for the
pupil named in the application. If the board of education of the sending
school district determines that the receiving school district is willing to
furnish or provide transportation for the pupil and the board of education
of the sending school district and the board of education of the receiving
school district agree that the pupil is a pupil as defined in subsection
(a)(4)(A) or (B), the board of the sending school district shall issue an
order authorizing 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 the
provisions of this section shall be counted as regularly enrolled in and
attending school in the receiving school district for the purpose of com-
putations, 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 Annotated. No such pupil shall be charged for the costs of at-
tendance at school in a receiving school district.

      (e) The provisions of this section shall expire on July 1, 2002.

      Sec.  2. K.S.A. 2000 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 in accordance with an order issued by a board of education
under the provisions of K.S.A. 2000 Supp. 72-1046b, and amendments
thereto, until expiration of such section on July 1, 2002; and (2) trans-
portation 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. 2000 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 an order issued by a board of education
under the provisions of K.S.A. 2000 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. 2000 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 statute book.

Approved March 15, 2001.
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