Session Law

Identifying Information:L. 2001 ch. 022
Other Identifying Information:2001 House Bill 2217
Tax Type:Other
Brief Description:An Act concerning school districts; relating to transportation of nonresident pupils; amend- ing K.S.A. 2000 Supp. 72-1046b, 72-8303 and 72-8309 and repealing the existing sections.
Keywords:


Body:

CHAPTER 22

HOUSE BILL No. 2217


An Act concerning school districts; relating to transportation of nonresident pupils; amend-

ing K.S.A. 2000 Supp. 72-1046b, 72-8303 and 72-8309 and repealing the existing sections.




Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2000 Supp. 72-1046b is hereby amended to read

as follows: 72-1046b. (a) As used in this section:

(1) ``School district'' means a school district organized and operating

under the laws of this state and no part of which is located in Johnson

county, Sedgwick county, Shawnee county, or Wyandotte county.

(2) ``Receiving school district'' means a school district of nonresi-

dence of a pupil.

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

a pupil.

(4) ``Pupil'' means a person who is enrolled and in attendance at

school in a receiving school district and who (A) lives 10 or more miles

from the attendance center the pupil would attend in a sending school

district and nearer to an appropriate attendance center in a receiving

school district or (B) is a member of the family of a pupil meeting the

condition prescribed in subpart (A).

(5) ``Member of the family'' means a brother or sister of the whole

or half blood or by adoption, a stepbrother or sister, and a foster brother

or sister.

(b) The parent or legal guardian of any pupil may apply to the board

of education of a sending school district on or before July 15 of the current

school year for authority for such pupil to be furnished or provided trans-

portation to school from the pupil's residence and from school to the

pupil's residence by the receiving school district. The application shall be

made upon forms prescribed by the state board of education.

(c) Upon receiving any application under this section, the board of

education of a sending school district shall inquire of the receiving school

district whether it is willing to furnish or provide transportation for the

pupil named in the application. If the board of education of the sending

school district determines that the receiving school district is willing to

furnish or provide transportation for the pupil and the board of education

of the sending school district and the board of education of the receiving

school district agree that the pupil is a pupil as defined in subsection

(a)(4)(A) or (B), the board of the sending school district shall issue an

order authorizing the furnishing or provision of transportation by the

receiving school district for the affected pupil to school from the pupil's

residence and to the pupil's residence from school.

(d) Pupils attending school in a receiving school district under the

provisions of this section shall be counted as regularly enrolled in and

attending school in the receiving school district for the purpose of com-

putations, except computation of transportation weighting, under the

school district finance and quality performance act and for the purposes

of the statutory provisions contained in article 83 of chapter 72 of Kansas

Statutes Annotated. No such pupil shall be charged for the costs of at-

tendance at school in a receiving school district.

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

Sec. 2. K.S.A. 2000 Supp. 72-8303 is hereby amended to read as

follows: 72-8303. (a) The board of education of a school district may

prescribe the regular school routes on which transportation of its pupils

is to be provided, and shall schedule the school bus and motor vehicle

routes so that each pupil entitled to transportation will be transported to

and from school on every school day.

(b) For the purposes of this section, the term regular school route

includes any route arranged by the board of education for (1) transpor-

tation of its pupils to and from the residence of such pupils in another

school district in accordance with an order issued by a board of education

under the provisions of K.S.A. 2000 Supp. 72-1046b, and amendments

thereto, until expiration of such section on July 1, 2002; and (2) trans-

portation of its pupils to and from any school attended in another school

district in accordance with the provisions of an agreement entered into

under authority of K.S.A. 72-8233, and amendments thereto.

Sec. 3. K.S.A. 2000 Supp. 72-8309 is hereby amended to read as

follows: 72-8309. (a) The board of education of a school district shall not

furnish or provide transportation for pupils or students who reside in

another school district except in accordance with the written consent of

the board of education of the school district in which such pupil or student

resides, or in accordance with an order issued by a board of education

under the provisions of K.S.A. 2000 Supp. 72-1046b, and amendments

thereto, until expiration of such section on July 1, 2002, or in accordance

with the provisions of an agreement entered into under authority of

K.S.A. 72-8233, and amendments thereto.

(b) A school district may transport a nonresident pupil or student if

such pupil or student boards the school bus within the boundaries or on

the boundary of the transporting school district. To the extent that the

provisions of this subsection conflict with the provisions of subsection (a),

the provisions of subsection (a) shall control.

(c) No pupil or student who is furnished or provided transportation

by a school district which is not the school district in which the pupil or

student resides shall be counted in the computation of the school district's

transportation weighting under article 64 of chapter 72 of Kansas Statutes

Annotated.

Sec. 4. K.S.A. 2000 Supp. 72-1046b, 72-8303 and 72-8309 are hereby

repealed.

Sec. 5. This act shall take effect and be in force from and after its

publication in the statute book.

Approved March 15, 2000.


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