CHAPTER 193 SENATE BILL No. 531 An  Act concerning school finance; relating to the definition of enrollment; amending K.S.A. 2001 Supp. 72-6407 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2001 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 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 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 3,756 preschool-aged at-risk pupils to be counted in the
2001-02 school year and not more than 5,500 preschool-aged at-risk pu-
pils to be counted in any school year thereafter.

      (e) ``Enrollment'' means,: (1) 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 in this clause (1), the number of pupils
regularly enrolled in the district on September 20. Notwithstanding the
foregoing,; (2) if enrollment 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) (A) en-
rollment in the preceding 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 pu-
pils, if any such pupils are enrolled, or (2) (B) the sum of enrollment in
the current school year of preschool-aged at-risk pupils, if any such pupils
are enrolled and the average (mean) of the sum of (A) (i) 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) (ii) enrollment in the preceding school year minus enrollment in such
school year of preschool-aged at-risk pupils, if any such pupils were en-
rolled and (C) (iii) enrollment in the school year next preceding the pre-
ceding school year minus enrollment in such school year of preschool-
aged at-risk pupils, if any such pupils were enrolled; or (3) the number of
pupils as determined under section 2, and amendments thereto.

      (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
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.
2001 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. 2001 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.

      New Sec.  2. (a) If the state board of education determines that the
enrollment of a school district in the preceding school year had decreased
from the enrollment in the second preceding school year and that a dis-
aster had contributed to such decrease, the enrollment of such district in
the second school year following the school year in which the enrollment
of the school district was first affected by the disaster shall be the greater
of:

      (1) The enrollment of preschool-aged at-risk pupils, if any, plus the
average of the enrollment for the current and the preceding three school
years, excluding the enrollment of preschool-age at-risk pupils in each
such year; or

      (2) the enrollment of the district as defined by subsection (e) of
K.S.A. 72-6407, and amendments thereto.

      (b) As used in this section, ``disaster'' means the occurrence of wide-
spread or severe damage, injury or loss of life or property resulting from
flood, earthquake, tornado, wind, storm, drought, blight or infestation.

 Sec.  3. K.S.A. 2001 Supp. 72-6407 is hereby repealed.

 Sec.  4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 29, 2002.
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