Session Law

Identifying Information:L. 2003 ch. 009
Other Identifying Information:2003 House Bill 2006
Tax Type:Other
Brief Description: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.
Keywords:


Body:

CHAPTER 9

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, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003