Brief ⁽¹⁾

SB 313 contains the "Kansas Skills for Success Program," permits school districts to adopt policies that extend the compulsory attendance requirements for some pupils, and modifies compulsory attendance reporting requirements.

A. Kansas Skills for Success Program

The bill creates the "Kansas Skills for Success in School Program," establishes funding mechanisms for it, and appropriates money to fund various components of the act in FY 2002 and FY 2003. The statewide program for prekindergarten children through grade three would begin in the 2002-03 school year. Under the program, the State Department of Education would determine a "school readiness definition" and indicators to help assess how prepared a child is to enter school. School districts would have to implement kindergarten screening procedures based on the school readiness definition.

The State Department of Education would be responsible for developing a "skill set" for reading, for writing, and for mathematics that students would have to acquire by completion of the third grade. The State Department also would be required to design a third grade accomplishment examination to be given to all third grade pupils at the end of the school year, beginning in school year 2005-06. It would be up to the State Board of Education to determine whether the test would be in addition to or in lieu of any other state assessments. In addition, the State Department would be required to set a goal that, by 2010, at least 90 percent of the pupils who exit the third grade have acquired the reading, writing, and mathematics skill sets, to be determined on the basis of the results of the third grade accomplishment examination. If the goal is not met, the State Department must establish a new plan to meet the goal.

School districts would be responsible for implementing kindergarten screening procedures based on the school readiness definition, for constructing a plan for grade-level "identifying markers" to measure a student's progress, and for selecting assessments or diagnostic reviews to use to target specialized intervention necessary to bring the child up to grade level in reading, writing, and mathematics. School districts also would be responsible for providing interventions for children who need help, such as restructured school days, additional days, summer school, or individualized instruction. In addition to other interventions, school districts would have to implement a first grade reading intervention that is research-based and involves one-on-one or small group tutoring.

Sub. for HB 2546 would provide an oversight mechanism for prekindergarten through postsecondary education by expanding the existing Legislative Educational Planning Committee from an 11-member committee that deals with postsecondary education to a 15-member committee that would deal with all education. The Committee would be divided into three subcommittees (Early Childhood, Kindergarten through 12^th Grade Education, and Postsecondary Education) and members would be drawn from the House and Senate Education Committees, the House Higher Education Committee, the House Appropriations Committee, and the Senate Ways and Means Committee.

Funding for the interventions would be provided through competitive grant programs established by the bill. In addition, the number of four-year-old at-risk children funded through the school finance formula would be increased by 1,744 children in FY 2002 (for a total of 3,974) and by 1,526 children in FY 2003 (for a total of 5,500).

For FY 2002, the bill appropriates $7,147,500 from the Children's Initiatives Fund to the State Department of Education for its operating costs related to implementing the program and as aid to school districts, primarily for interventions. For FY 2003, a total of $21,873,463 is appropriated, of which $5.8 million would be from the Children's Initiatives Fund and $16.0 million would be from the State General Fund. Funding in FY 2003 primarily would be aid to school districts.

Major provisions of the bill, including a timeline, are described in more detail, as follows:

• By October 31, 2001, the State Department of Education must determine a "school readiness definition" and indicators which help assess a child's school readiness. In developing the readiness definition and indicators, the State Department is to consult with the Kansas Children's Cabinet, the State Department of Social and Rehabilitation Services, the State Department of Health and Environment, and prekindergarten through grade three teachers. The State Department also is encouraged to consult with individuals and organizations knowledgeable about early childhood education and children's health. The readiness definition and indicators will be used by the Legislature to assess the effectiveness of state-funded preschool programs in the preparation of children for kindergarten. School districts would be required to implement locally developed kindergarten screening procedures based on the school readiness definition.
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• By October 31, 2001, the State Department must define three skill sets-one each for reading, writing, and mathematics-which children should be able to execute upon completion of the third grade.
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• By October 31, 2001, the State Department must set the goal that, by 2010, at least 90 percent of the pupils who exit the third grade have acquired the reading, writing, and mathematics skill sets. Mastery of the skill sets will be on the basis of the third grade accomplishment examination. If the goal is not achieved, the State Department must establish a new plan to meet the goal.
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• By November 1, 2001, the State Department must report progress toward implementation of the act to the Legislative Educational Planning Committee, with continuing annual reports and any other reports that are requested by the chairperson of the Committee. Annual reports must include data relating to evaluations of goals, objectives, and outcomes pertaining to the program.
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• By August 1, 2002, school districts must construct a plan for identifying markers to indicate whether a child is progressing adequately toward acquisition of the skill sets and for diagnosing each child's skill level. School districts must use assessments or diagnostic reviews during kindergarten and first, second, and third grades to determine a child's level of performance and to target interventions to bring the child up to grade level in reading, writing, and mathematics. The district must embed the assessments or diagnostic reviews into the curriculum and measure each child's progress during the fall or spring semesters, or both. School districts may implement diagnostic reviews or assessments in addition to, or in lieu of, current assessments or diagnostic reviews. If the district currently has appropriate grade level markers, or offers appropriate diagnostic reviews or assessments, or tracking procedures for interventions, the district may continue to use these locally determined practices. In all cases, school districts must continue to meet quality performance accreditation requirements. School districts also must continue to give the second grade reading diagnostic that currently is required.
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• By August 1, 2002, school districts must have a plan for providing each child who needs assistance with a locally-determined intervention, based on input from teachers and parents. When appropriate, school districts and schools are encouraged to use community volunteers or community-based organizations in carrying out intervention plans. The plan may include, but is not limited to, a restructured school day, additional school days, summer school, individualized instruction, and other interventions the school district may deem necessary. The district may require attendance at interventions. The school district plan may not include a requirement for full-day kindergarten attendance. In addition to other interventions, school districts must implement a first-grade intervention that is a research-based reading intervention method that has a proven track record of success and features sustained learning over time using a short-term, one-on-one tutoring intervention when deemed necessary or intensive research based small group tutoring.
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When a child has accomplished the district-determined level of accomplishment, no further tracking will be necessary unless the child falls behind in another grade. If, in spite of intervention, the child does not accomplish the markers in reading, writing, or math, or a combination thereof, action will be taken in the best educational interest of the child to reach the grade-level markers. The action may include, but is not limited to, more intensive interventions or retention to repeat the grade. It is the school district's responsibility to determine the measures by which the child's progress is measured.

• During spring semester, 2002, the State Department of Education must pilot the third grade accomplishment examination.
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• In school year 2002-03, the statewide program begins.
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• Beginning in the 2002-03 school year and thereafter, the State Department of Education must report to the Legislative Educational Planning Committee on progress toward achieving the goal that, by the year 2010, at least 90 percent of the pupils who exit the third grade have acquired the reading, writing, and mathematics skill sets.
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• In July of 2004, 2006, and 2008, the Legislative Educational Planning Committee must request the Legislative Post Audit Committee to direct the Post Auditor to conduct a performance audit of the four-year-old at-risk program to determine the effectiveness of the program relative to the school readiness definition. In 2006, the Legislative Educational Planning Committee shall make a recommendation as to whether funding for the program should be maintained, enhanced, or terminated.
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• Beginning with the 2005-06 school year, the third grade accomplishment examination must be given statewide to determine whether pupils have mastered reading, writing, and mathematics skill sets. The examination will be administered each year to all third grade pupils upon completion of the grade.
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• By 2010, the goal must be attained that at least 90 percent of the pupils who exit the third grade have acquired reading, writing, and mathematics skill sets, as determined on the basis of the third grade accomplishment examination. If the goal is not attained, the State Department must develop a new plan to attain the goal.
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Funding Mechanisms and Multi-Year Appropriations

The bill would establish two new categorical aid programs and would expand the number of four-year-old at-risk children who would be counted for funding under the school finance formula. In addition, it would make the appropriations necessary to fund the Kansas Skills for Success in School Program for FY 2002 and FY 2003. Major components of funding for the program are as follows:

• Appropriations would be made to the State Department of Education in FY 2002 and FY 2003 for expenses connected with new duties that would be imposed by the act. Funding in FY 2002 would total $1,647,500 and would be from the Children's Initiatives Fund. Funding to the State Department in FY 2003 would total $400,000 and would be from the State General Fund.
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• An appropriation would be made in FY 2002 for summer school for third graders, in the amount of $2.5 million from the Children's Initiatives Fund. This would be a one-time appropriation intended to provide immediate interventions for third graders who otherwise would be too old to benefit from implementation of the program. A proviso to the appropriation would stipulate that funds shall be provided for no more than 25 percent of third grade students across the state.
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• The number of four-year-old at-risk children eligible for funding under the school finance formula would be increased by 1,744 children (from 2,230 to 3,974) in FY 2002, at a cost of $4.0 million, and by another 1,526 children (for a total of 5,500) in FY 2003, at a cost of $3.5 million. (The appropriation for FY 2002 that is contained in the bill is for $3.0 million and is in addition to $1.0 million for program expansion already recommended by the Governor.) Funding in the bill for both years for the four-year-old at-risk program would be from the Children's Initiatives Fund.
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• A new grant program would be established to provide state aid to school districts for intervention plans, beginning in FY 2003. School districts would be eligible to receive a grant for maintenance of a plan of interventions by submitting an application for a grant and a description of the plan to the State Board of Education. The State Board would be required to establish standards and criteria for evaluating and approving grant applications, conduct a needs-assessment survey of school districts applying for grants, evaluate and approve plans of interventions, and establish priorities for awarding grants based on the needs-assessment survey. For FY 2003, the bill appropriates a total of $17,973,463, of which $15,666,725 would be from the State General Fund and $2,306,738 would be from the Children's Initiatives Fund. Funding would be for the purpose of assisting school districts in paying for interventions, including interventions at the kindergarten, first, second, and third grade levels. Included in the grant program would be funding for the first-grade reading intervention. However, for funding purposes under the grant, no more than 10 percent of the first grade pupils across the state could be counted in plans that provide for a research-based reading intervention method.
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Expanded Legislative Educational Planning Committee

The current statutory charge to the Legislative Educational Planning Committee pertains to postsecondary education. Under Sub. for HB 2546, the Committee would be expanded to 15 members, consisting of six Senators and nine Representatives, as follows:

• Chair, vice-chair, and ranking minority member of the Senate Education Committee, or their designees selected from members of the Committee
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• Chair, vice-chair, and ranking minority member of the Senate Ways and Means Committee, or their designees selected from members of the Committee
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• Chair, vice-chair, and ranking minority member of the House Education Committee, or their designees selected from members of the Committee
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• Chair, vice-chair, and ranking minority member of the House Higher Education Committee, or their designees selected from members of the Committee
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• Chair, vice-chair, and ranking minority member of the House Appropriations Committee, or their designees selected from members of the Committee
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The chair, vice-chair, and ranking minority member of the Committee would be designated annually by the Legislative Coordinating Council.

The Committee would be divided into the following subcommittees:

• Early Childhood
• Kindergarten through 12^th Grade Education
• Postsecondary Education
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Subcommittee members would be appointed by the chair, vice-chair, and ranking minority member of the Legislative Educational Planning Committee. Each subcommittee would consist of three members of the House and two members of the Senate. Two members of each subcommittee would be minority party members-one from the House and one from the Senate. The chair of the Committee would appoint the chairs of the subcommittees.

Duties of the Committee would consist of the following:

• Plan for public and private postsecondary education in Kansas, including vocational and technical education. (This is the Committee's existing charge.)
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• Explore, study, and make recommendations concerning all facets of education in Kansas relating to all age groups.
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• Review implementation of legislation relating to educational matters by the Department of Education.
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• Receive annual reports from the State Department o progress toward implementation of the Kansas Skills for Success in School Program, including information about programs that receive funding under the act. The Committee must make reports on the State Department's progress in achieving the goals, objectives, and outcomes of the act to the 2004, 2006, and 2008 sessions of the Legislature.
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• Receive annual reports from the State Department beginning in 2003 on progress toward achieving the year 2010 goal.
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• Request the Legislative Post Audit Committee to direct the Legislative Post Auditor to conduct a performance audit of the four-year-old at-risk program in July of 2004, 2006, and 2008. In 2006, the Committee shall make a recommendation as to whether the program should be maintained, enhanced, or terminated.
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B. School District Policies for Discipline or Remediation

That Extend the School Term for Some Pupils

A school district board may adopt a disciplinary policy or school improvement plan which includes additional school time 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 such a policy 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 a pupil for whom additional school days or school hours have been scheduled under the policy is counted as an inexcusable absence from school for the purposes of enforcing the compulsory school attendance law.

C. Compulsory School Attendance Enforcement

The current law requires the designee of a school board to report to specified authorities all cases of children who are under age 18 and subject to the compulsory attendance law, but who are not attending school as required by law. Further, when a child of compulsory attendance age is not enrolled in a public or nonpublic school, the child, considered to be in violation of the compulsory attendance law, must be reported by the school district board to the proper authorities. Amendments narrow the law somewhat by requiring a school board's designee to report only those children enrolled in a school under the board's jurisdiction who are not attending school as required by law and the school district board in which a child resides to report those children who reside in the district and who the board knows are not enrolled in a public or nonpublic school.

Background

SB 313, as introduced, was requested by Topeka USD 501. Dr. McFrazier, Superintendent of USD 501, described the district's initiative this year to require summer school attendance to provide remediation for students not meeting district standards at the K-2 level. The district requested SB 313 in order to further motivate students to attend by extending the truancy law to cover this program. Other conferees included the Kansas Association of School Boards, Kansas National Education Association, and United School Administrators, all of whom expressed support for the measure. There were no opponents.

The House Committee on Education amended the bill to do two things:

• Insert the provisions of HB 2546, as passed by the House of Representatives, except that certain parental waivers were removed; and
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• Modify the compulsory attendance enforcement reporting requirement to narrow somewhat its scope.

The latter amendment was offered by Representative Mason in an effort to resolve issues that had been raised between school boards and home school adherents. The former amendment contained the work of the House Education Accountability Subcommittee chaired by Representative Kathe Lloyd. That Subcommittee spent considerable time evaluating programs that focus on preparing children in the early grades to learn the basic skills they will need for the rest of their academic careers. It received reports from the State Department of Education, educators in the field, and other interested parties.

The Subcommittee concluded that additional measures should be implemented that would target children at an age when mastering basic skills in reading, writing, and mathematics is essential to future academic success. HB 2546, as introduced, would have implemented the Subcommittee's recommendations. Subsequent to the introduction of the bill, an ad hoc committee comprised of members of the House Education and House Appropriations Committee met to revise the bill and to consider funding mechanisms and appropriations to fund the proposal for FY 2002 and FY 2003.

The fiscal impact of the bill in FY 2002 is $7,147,500, of which $1,647,500 would be for State Department expenses to implement the act and $5.5 million for school districts. The total was calculated on the basis of the following components:

FY 2002

• $22,500-State Department of Education to define skill sets for third grade reading, writing, and mathematics-Children's Initiatives Fund.
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• $800,000-State Department of Education to design and pilot a third grade accomplishment examination to be administered each school year-Children's Initiatives Fund.
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• $75,000-State Department of Education to develop a school readiness indicator to use with children upon entrance to kindergarten-Children's Initiatives Fund.
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• $750,000-State Department of Education to provide programs to train teachers for implementation of intensive first grade reading program-Children's Initiatives Fund.
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• $3.0 million-Expansion of the four-year-old at-risk program by 1,308 children over the Governor's recommendation (total of 3,974 children)-Children's Initiatives Fund.
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• $2,500,000-Funding for summer school programs for third graders who need interventions-Children's Initiatives Fund.
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Total: $1,647,500-State Department of Education

$5,500,000-State Aid to School Districts

$7,147,500-Grand Total FY 2002

FY 2003

• $400,000-State Department for expenses connected with third grade accomplishment examination-State General Fund.
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• $3.5 million-Expansion of the four-year-old at-risk program by an additional 1,526 children, for a total of 5,500. (The appropriation is estimated to fully fund the program in FY 2003.)-Children's Initiatives Fund.
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• $17,973,463-Categorical aid program to provide grants to schools for interventions-State General Fund ($15,666,725) and Children's Initiatives Fund ($2,306,738). Total funding was based on the following components:
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• $8,500,000-Funding for first grade reading intervention programs, calculated on the basis of funding being given to 10 percent of students needing assistance.
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• $2,650,950-Funding for kindergarten extended learning.
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• $2,209,037-Funding for first grade extended learning.
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• $2,306,738-Funding for second grade extended learning.
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• $2,306,737-Funding for third grade extended learning.

Total: $400,000-State Department of Education

$21,473,464-State Aid to School Districts

$21,873,463-Grand Total FY 2003

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi