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HOUSE BILL No. 2006
(Amended by Chapter 158)
An Act concerning the state inservice education opportunities act;
renaming the act the
education professional development act; amending K.S.A. 72-6409,
72-9601, 72-9602,
72-9603, 72-9604, 72-9605, 72-9606, 72-9607, 72-9608, 72-9609,
72-9610 and 72-9901
and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 72-6409 is hereby
amended to read as follows: 72-
6409. (a) ``General fund'' means the fund of a district from which
oper-
ating expenses are paid and in which is deposited the proceeds from
the
tax levied under K.S.A. 72-6431, and amendments thereto, all
amounts
of general state aid under this act, payments under K.S.A.
72-7105a, and
amendments thereto, payments of federal funds made available
under
the provisions of title I of public law 874, except amounts
received for
assistance in cases of major disaster and amounts received under
the low-
rent housing program, and such other moneys as are provided by
law.
(b) ``Operating expenses'' means the
total expenditures and lawful
transfers from the general fund of a district during a school year
for all
purposes, except expenditures for the purposes specified in K.S.A.
72-
6430, and amendments thereto.
(c) ``General fund budget'' means the
amount budgeted for operating
expenses in the general fund of a district.
(d) ``Budget per pupil'' means the
general fund budget of a district
divided by the enrollment of the district.
(e) ``Program weighted fund'' means and
includes the following funds
of a district: Transportation fund, vocational education fund, and
bilingual
education fund.
(f) ``Categorical fund'' means and
includes the following funds of a
district: Special education fund, food service fund, driver
training fund,
adult education fund, adult supplementary education fund, area
voca-
tional school fund, inservice education
professional development fund,
parent education program fund, summer program fund,
extraordinary
school program fund, and educational excellence grant program
fund.
Sec. 2. K.S.A. 72-9601 is hereby
amended to read as follows: 72-
9601. This act shall be known and may be cited as the state
inservice
education opportunities professional
development act. It is hereby de-
clared that it is essential to the welfare of the people of Kansas
that the
provision of quality educational opportunities for all pupils in
the state be
assured. Therefore, it is the intention of this act to promote
continuous
professional development, diversification in academic foundations
or sub-
ject knowledge, improvement in job effectiveness, enhancement of
skills
and techniques, and competent on-the-job performance of all
certificated
personnel serving regularly in the accredited elementary and
secondary
schools of the state of Kansas.
Sec. 3. K.S.A. 72-9602 is hereby
amended to read as follows: 72-
9602. As used in this act:
(a) ``Inservice
education'' ``Professional development'' means
any
planned learning opportunities provided to certificated personnel
em-
ployed by a school district or other authorized educational agency
for
purposes of improving the performance of such personnel in already
held
or assigned positions;
(b) ``certificated personnel'' means all
employees of a school district
or an authorized educational agency required to be certificated by
the
state board of education;
(c) ``school district'' means any public
school district organized under
the laws of this state;
(d) ``authorized educational agencies''
means area professional de-
velopment centers, state education agencies, institutions of
postsecondary
education which are authorized under the laws of this state to
award
academic degrees, and other organizations which serve school
districts;
(e) ``area professional development
center'' means any regional or-
ganization providing inservice education
professional development to
school districts;
(f) ``state board'' means the state board
of education;
(g) ``department'' means the state
department of education;
(h) ``board'' means the board of
education of any school district; and
(i) ``school year'' means the
twelve-month period ending June 30.
Sec. 4. K.S.A. 72-9603 is hereby
amended to read as follows: 72-
9603. (a) The state board shall adopt rules and regulations for the
ad-
ministration of this act and shall: (1) Prescribe and adopt
policies and
guidelines for the provision of inservice
education professional develop-
ment programs for all certificated personnel;
(2) establish standards and criteria for
procedures, activities and serv-
ices to be provided in inservice education
professional development pro-
grams; and
(3) establish standards and criteria for
reviewing, evaluating and ap-
proving school district inservice education
professional development pro-
grams and applications of boards for state aid.
(b) The standards and criteria
established under subsection (a)(3) for
evaluating school district inservice education
professional development
programs shall include measures for assessing the impact of
programs on
improvement of the skills of certificated personnel in effectuation
of ef-
fective instructional skills and improvement of the academic
performance
of pupils.
Sec. 5. K.S.A. 72-9604 is hereby
amended to read as follows: 72-
9604. (a) Each board shall establish and maintain an
inservice education
a professional development program for certificated
personnel of the
school district. Inservice education
Professional development programs
shall meet standards and criteria set by the state board.
(b) Each board, in complying with the
requirements of subsection
(a), may:
(1) Develop policies and plans for the
provision of inservice education
professional development programs based on identified needs
at the in-
dividual, building and district levels;
(2) provide for inservice
education professional development pro-
grams at any time during the school year;
(3) contract with area professional
development centers and author-
ized educational agencies in providing for inservice
education professional
development programs; and
(4) enter into cooperative or interlocal
agreements with one or more
other school districts in providing for inservice
education professional
development programs.
Sec. 6. K.S.A. 72-9605 is hereby
amended to read as follows: 72-
9605. (a) In each school year, each board which has established and
is
maintaining an inservice education a
professional development program
in compliance with the requirements of this act and which desires
to
secure state aid for part of the cost of maintaining the program
shall
certify and file an application with the state board for approval
of the
program.
(b) Each board which is maintaining an
approved inservice education
professional development program and which desires to secure
state aid
in any school year for part of the cost of exploring and
implementing
innovative and experimental procedures, activities and services to
be pro-
vided in the program for enhancement thereof shall certify and file
an
application with the state board for approval of such procedures,
activities
and services.
(c) Applications shall be in a form
prescribed and furnished by the
department, shall contain such information as the state board may
require
and shall be filed annually at a time to be determined and
specified by
the state board. Approval by the state board of the program, any
inno-
vative and experimental procedures, activities or services
provided
therein, and the application shall be prerequisite to payment of
state aid
to any board.
Sec. 7. K.S.A. 72-9606 is hereby
amended to read as follows: 72-
9606. In order to be approved for payment of state aid, any
application
under K.S.A. 72-9605, and amendments thereto, shall contain the
follow-
ing information:
(a) The number of certificated personnel
of the school district who
are participating in the program;
(b) a description of the scope,
objectives, procedures and activities of
and the services provided by the inservice
education professional devel-
opment program for the school year;
(c) the manner in which the
inservice education professional devel-
opment program is aligned with the mission, academic focus,
and quality
performance accreditation school improvement plan;
(d) a description of the performance
measures utilized in meeting
the evaluation standards and criteria established under subsection
(b) of
K.S.A. 72-9603, and amendments thereto;
(e) the amount budgeted by the board for
its inservice education
professional development program;
(f) the amount of the actual expenses
incurred by the school district
in maintaining an approved inservice education
professional development
program;
(g) the amount of the actual expenses, if
any, incurred by the school
district for the provision of innovative and experimental
procedures, ac-
tivities and services in its inservice education
professional development
program; and
(h) such additional information as
determined by the state board.
Sec. 8. K.S.A. 72-9607 is hereby
amended to read as follows: 72-
9607. The state board shall be responsible for the allocation and
distri-
bution of state aid for inservice education
professional development in
accordance with appropriation acts and the statutes of this state.
Such
moneys shall be expended only in accordance with and for the
purposes
specified in this act. Payments under this act may be made in
installments
and in advance or by way of reimbursement, with necessary
adjustments
on account of overpayments or underpayments.
Sec. 9. K.S.A. 72-9608 is hereby
amended to read as follows: 72-
9608. (a) In each school year, each school district which is
maintaining
an approved inservice education professional
development program shall
be eligible to receive from state funds, within the limits of
appropriations
for inservice education professional
development, an amount to be deter-
mined by the state board on the basis of priorities established
through a
needs-assessment survey conducted by the state board. In no event
shall
the amount allocated and distributed to any school district under
this act
exceed: (1)(A) An amount which is equal to .50 of
1% of the amount of
the general fund budget of the school district, or (B)(i)
for the 1994-95
and 1995-96 school years, an amount equal to 60% of the
actual expenses
incurred by the school district in maintaining an approved
inservice ed-
ucation program, whichever of (A) or (B)(i) is the lesser
amount; and for
the 1996-97 school year and for school years thereafter,
(ii) an amount
equal to 50% of the actual expenses incurred by the school district
in
maintaining an approved inservice education
professional development
program, whichever of (A) or (B)(ii) is the lesser
amount; or (2) an amount
which is equal to 50% of the actual expenses incurred by the
school
district for the provision of innovative and experimental
procedures, ac-
tivities and services, if any of the same are provided and approved
by the
state board, in an inservice education a
professional development program
maintained by the school district and approved by the state
board.
(b) If the amount of appropriations for
inservice education profes-
sional development programs 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 state aid under the
provisions of this
act in proportion to the amount each school district is determined
to be
eligible to receive.
(c) The state board shall prescribe all
forms necessary for reporting
under this act.
(d) Every board shall make such periodic
and special reports of sta-
tistical and financial information to the state board as it may
request.
Sec. 10. K.S.A. 72-9609 is hereby
amended to read as follows: 72-
9609. There is hereby established in every school district a fund
which
shall be called the inservice education
professional development fund,
which fund shall consist of all moneys deposited therein or
transferred
thereto according to law. All moneys received by the school
district from
whatever source for inservice education
professional development pro-
grams established under this act shall be credited to the fund
established
by this section. The expenses of a school district directly
attributable to
inservice education professional
development programs shall be paid from
the inservice education professional
development fund.
Sec. 11. K.S.A. 72-9610 is hereby
amended to read as follows: 72-
9610. The state board may provide any board, upon its request
therefor,
with technical advice and assistance in the establishment and
operation
of an inservice education a professional
development program, and may
make studies and gather and disseminate information relating to
mate-
rials, resources, procedures, programs and personnel which are or
may
become available to school districts for utilization in
inservice education
professional development programs.
Sec. 12. K.S.A. 72-9901 is hereby
amended to read as follows: 72-
9901. As used in this act:
(a) ``Board'' means the board of
education of any school district.
(b) ``School district'' means any public
school district organized and
operating under the laws of this state.
(c) ``Educational excellence grant
program'' or ``program'' means a
program under which the state, for the purpose of promoting
excellence
in education, provides assistance through the award of grants of
state
moneys to school districts which develop and maintain educational
system
enhancement plans or at risk pupil assistance plans or both such
plans.
(d) ``Educational system enhancement
plan'' or ``enhancement plan''
means a plan which is developed and maintained by the board of a
school
district for the purpose of improving the educational system of the
school
district. The plan may encompass, but not by way of limitation,
such
measures as identification of goals and needs, formulation of
priorities
and objectives, evaluation and enrichment of curriculum and
instructional
program, examination and refinement of delivery methods,
engagement
in research and planning activities, exploration and implementation
of
innovative and experimental procedures and activities, development
of
more effective instructional materials and techniques, enhancement
of
staff development and inservice education
professional development pro-
grams, exploration of ways and means of forming school-business
part-
nerships and formation of such partnerships, formulation and
introduc-
tion of before or after school sessions or both before and after
school
sessions for the purpose of affording pupils an opportunity to
strengthen
basic skills or participate in curriculum enrichment activities,
develop-
ment and installation of action plans for general improvement of
pupil
attitudes and achievement, and establishment or enhancement and
op-
eration of charter schools.
(e) ``At risk pupil assistance plan'' or
``assistance plan'' means a plan
which is developed and maintained by the board of a school district
for
the specific purpose of addressing the needs of at risk pupils of
the school
district. The plan may encompass, but not by way of limitation,
such
measures as remedial instruction, intensive guidance and counseling
serv-
ices, child care services, independent study assistance, strategies
for pro-
vision of the opportunity to complete requirements for grade level
pro-
motion or graduation from high school, and instruction in
parenting,
consumer, work and other life skills.
(f) ``At risk pupil'' means any person
who is enrolled in preschool,
kindergarten or any of the grades one through 12 maintained by a
school
district and who is at risk of not meeting the educational goals
and ob-
jectives established by the school district or of not completing
the require-
ments necessary for promotion to grade level, grade-to-grade
promotion,
or graduation from high school or of not becoming a productive
worker
and citizen. At risk pupils may be characterized, but not by way of
limi-
tation, by any one or more of the following indicators: (1) A high
rate of
absenteeism from school attendance; (2) failure to achieve
grade-level
standards; (3) failure in two or more subjects or courses of study;
(4) two
or more credits behind other pupils in modal grade in the number
of
graduation credits attained; (5) retention at grade level one or
more times;
(6) below modal grade for pupils in the same age group; (7)
pregnancy
or parenthood or both; (8) repeated commission of any of the
disciplinary
infractions specified in K.S.A. 72-8901, and amendments
thereto,
whether or not such conduct resulted in a suspension or expulsion
from
school. The definition of at risk pupil does not include within its
meaning
any person determined to be an exceptional child under the
provisions
of the special education for exceptional children act.
(g) ``State board'' means the state board
of education.
Sec. 13. K.S.A. 72-6409, 72-9601, 72-9602, 72-9603,
72-9604, 72-
9605, 72-9606, 72-9607, 72-9608, 72-9609, 72-9610 and 72-9901
are
hereby repealed.
Sec. 14. This act shall take effect and be in
force from and after its
publication in the statute book.
Approved March 24, 2003.
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