Session Law

Identifying Information:L. 2001 ch. 215
Other Identifying Information:2001 Senate Bill 2336
Tax Type:Property Tax
Brief Description: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.
Keywords:


Body:

CHAPTER 215

SENATE Substitutue for HOUSE BILL No. 2336


TO Sec.

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 2,230 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

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 1999-2000 2001-02 school year and in the 2000-01 2002-

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 sections thereto.

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 1999 2001

and 2000 2002, 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 1992-93 each 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 education general 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

its each 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 11 13 members, six seven of whom

shall be members of the house of representatives and five six 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, 2000.

Published in the Kansas Register May 31, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001