Session Law

Identifying Information:L. 2002 ch. 193
Other Identifying Information:2002 Senate Bill 531
Tax Type:Other
Brief Description:An Act concerning school finance; relating to the definition of enrollment;amending K.S.A. 2001 Supp. 72-6407 and repealing the existing section.
Keywords:


Body:

CHAPTER 193

SENATE BILL No. 531

An Act concerning school finance; relating to the definition of enrollment;

amending K.S.A. 2001 Supp. 72-6407 and repealing the existing section.


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

Section 1. K.S.A. 2001 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 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 chil-

dren, 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 un-

der 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

attained 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 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 pu-

pils to be counted in any school year thereafter.

(e) ``Enrollment'' means,: (1) 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 in this clause (1), the number of pupils

regularly enrolled in the district on September 20. Notwithstanding the

foregoing,; (2) if enrollment 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) (A) en-

rollment in the preceding 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 pu-

pils, if any such pupils are enrolled, or (2) (B) the sum of enrollment in

the current school year of preschool-aged at-risk pupils, if any such pupils

are enrolled and the average (mean) of the sum of (A) (i) 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) (ii) enrollment in the preceding school year minus enrollment in such

school year of preschool-aged at-risk pupils, if any such pupils were en-

rolled and (C) (iii) enrollment in the school year next preceding the pre-

ceding school year minus enrollment in such school year of preschool-

aged at-risk pupils, if any such pupils were enrolled; or (3) the number of

pupils as determined under section 2, and amendments thereto.

(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

enrollment of districts on the basis of pupil attendance in educational

programs which differ in cost from regular educational programs.

(i) ``Low enrollment weighting'' means an addend component as-

signed to enrollment of districts having under 1,725 enrollment on the

basis of costs attributable to maintenance of educational programs by such

districts in comparison with costs attributable to maintenance of educa-

tional programs by districts having 1,725 or over enrollment.

(j) ``School facilities weighting'' means an addend component as-

signed to enrollment of districts on the basis of costs attributable to com-

mencing operation of new school facilities. School facilities weighting may

be assigned 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 as-

signed 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.

2001 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. 2001 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.

New Sec. 2. (a) If the state board of education determines that the

enrollment of a school district in the preceding school year had decreased

from the enrollment in the second preceding school year and that a dis-

aster had contributed to such decrease, the enrollment of such district in

the second school year following the school year in which the enrollment

of the school district was first affected by the disaster shall be the greater

of:

(1) The enrollment of preschool-aged at-risk pupils, if any, plus the

average of the enrollment for the current and the preceding three school

years, excluding the enrollment of preschool-age at-risk pupils in each

such year; or

(2) the enrollment of the district as defined by subsection (e) of

K.S.A. 72-6407, and amendments thereto.

(b) As used in this section, ``disaster'' means the occurrence of wide-

spread or severe damage, injury or loss of life or property resulting from

flood, earthquake, tornado, wind, storm, drought, blight or infestation.

Sec. 3. K.S.A. 2001 Supp. 72-6407 is hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 29, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002