Session Law

Identifying Information:L. 2002 ch. 196
Other Identifying Information:2002 Senate Substitute for House Bill 2094
Tax Type:Other
Brief Description:An Act concerning schools and school finance; amending K.S.A. 2001 Supp. 72-978, 72- 6407, 72-6426, 72-6430, 72-6433, 72-7108 and 72-8187 and repealing the existing sections.
Keywords:


Body:

CHAPTER 196

SENATE Substitute for HOUSE BILL No. 2094


An Act concerning schools and school finance; amending K.S.A. 2001 Supp. 72-978, 72-

6407, 72-6426, 72-6430, 72-6433, 72-7108 and 72-8187 and repealing the existing


sections.


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

Section 1. K.S.A. 2001 Supp. 72-978 is hereby amended to read as

follows: 72-978. (a) (1) In each school year, in accordance with appropri-

ations for special education and related services provided under this act,

each school district which has provided special education and related

services in compliance with the provisions of this act shall be entitled to

receive:

(A) Reimbursement for actual travel allowances paid to special teach-

ers at not to exceed the rate specified under K.S.A. 75-3203, and amend-

ments thereto, for each mile actually traveled during the school year in

connection with duties in providing special education or related services

for exceptional children; such reimbursement shall be computed by the

state board by ascertaining the actual travel allowances paid to special

teachers by the school district for the school year and shall be in an

amount equal to 80% of such actual travel allowances;

(B) reimbursement in an amount equal to 80% of the actual travel

expenses incurred for providing transportation for exceptional children to

special education or related services; such reimbursement shall not be

paid if such child has been counted in determining the transportation

weighting of the district under the provisions of the school district finance

and quality performance act;

(C) reimbursement in an amount equal to 80% of the actual expenses

incurred for the maintenance of an exceptional child at some place other

than the residence of such child for the purpose of providing special

education or related services; such reimbursement shall not exceed $600

per exceptional child per school year; and

(D) except for those school districts entitled to receive reimbursement

under subsection (b) or (c), after subtracting the amounts of reimburse-

ment under (A), (B) and (C) paragraphs (A), (B) and (C) of this subsection

(a) from the total amount appropriated for special education and related

services under this act, an amount which bears the same proportion to

the remaining amount appropriated as the number of full-time equivalent

special teachers who are qualified to provide special education or related

services to exceptional children and are employed by the school district

for approved special education or related services bears to the total num-

ber of such qualified full-time equivalent special teachers employed by

all school districts for approved special education or related services.

(2) Each special teacher who is qualified to assist in the provision of

special education or related services to exceptional children shall be

counted as 2/5 full-time equivalent special teacher who is qualified to pro-

vide special education or related services to exceptional children.

(b) Each school district which has paid amounts for the provision of

special education and related services under an interlocal agreement shall

be entitled to receive reimbursement under subsection (a)(1)(D). The

amount of such reimbursement for the district shall be the amount which

bears the same relation to the aggregate amount available for reimburse-

ment for the provision of special education and related services under the

interlocal agreement, as the amount paid by such district in the current

school year for provision of such special education and related services

bears to the aggregate of all amounts paid by all school districts in the

current school year who have entered into such interlocal agreement for

provision of such special education and related services.

(c) Each contracting school district which has paid amounts for the

provision of special education and related services as a member of a co-

operative shall be entitled to receive reimbursement under subsection

(a)(1)(D). The amount of such reimbursement for the district shall be the

amount which bears the same relation to the aggregate amount available

for reimbursement for the provision of special education and related serv-

ices by the cooperative, as the amount paid by such district in the current

school year for provision of such special education and related services

bears to the aggregate of all amounts paid by all contracting school dis-

tricts in the current school year by such cooperative for provision of such

special education and related services.

(b) (d) No time spent by a special teacher in connection with duties

performed under a contract entered into by the Atchison juvenile cor-

rectional facility, the Beloit juvenile correctional facility, the Larned ju-

venile correctional facility, or the Topeka juvenile correctional facility and

a school district for the provision of special education services by such

state institution shall be counted in making computations under this sec-

tion.

Sec. 2. 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, 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

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,:

(1) Any secure public or private facility which is used for the lawful

custody of accused or adjudicated juvenile offenders and which shall not

be a jail;

(2) any level VI treatment facility licensed by Kansas department of

health and environment which is a psychiatric residential treatment fa-

cility for individuals under the age of 21 which conforms with the regu-

lations of the centers for medicare/medicaid services and the joint com-

mission on accreditation of health care organizations governing such

facilities; and

(3) the Forbes Juvenile Attention Facility, the Sappa Valley Youth

Ranch of Oberlin, Salvation Army/Koch Center Youth Services, the Clar-

ence M. Kelley Youth Center, the Clarence M. Kelley Transitional Living

Center, Trego County Secure Care Center, St. Francis Academy at At-

chison, St. Francis Academy at Ellsworth, St. Francis Academy at Salina,

St. Francis Center at Salina, King's Achievement Center, 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. 3. K.S.A. 2001 Supp. 72-6426 is hereby amended to read as

follows: 72-6426. (a) There is hereby established in every district a fund

which shall be called the contingency reserve fund, which. Such fund

shall consist of all moneys deposited therein or transferred thereto ac-

cording to law. The fund shall be maintained for payment of expenses of

a district attributable to financial contingencies which were not antici-

pated at the time of adoption of the general fund budget as determined

by the board. Except as otherwise provided in subsection (b), at no time

in any school year shall the amount maintained in the fund exceed an

amount equal to 4% of the general fund budget of the district for the

school year.

(b) In any school year, if the amount in the contingency reserve fund

of a district is in excess of the amount authorized under subsection (a) to

be maintained in the fund, and if such excess amount is the result of a

reduction in the general fund budget of the district for the school year

because of a decrease in enrollment, the district may maintain the excess

amount in the fund until depletion of such excess amount by expenditure

from the fund for the purposes thereof.

Sec. 4. K.S.A. 2001 Supp. 72-6430 is hereby amended to read as

follows: 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. 2001 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 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. Francis Academy at Atchison, St. Francis Academy at

Ellsworth, St. Francis Academy at Salina, St. Francis Center at Salina,

King's Achievement Center, and Liberty Juvenile Services and Treatment

shall have the meaning ascribed thereto by K.S.A. 72-6407, and amend-

ments thereto.

(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. 5. K.S.A. 2001 Supp. 72-6433 is hereby amended to read as

follows: 72-6433. (a) (1) The board of any district may adopt a local option

budget in each school year, commencing with the 1997-98 school year,

in an amount not to exceed an amount equal to the district prescribed

percentage of the amount of state financial aid determined for the district

in the school year. As used in this provision the term section, ``district

prescribed percentage'' means:

(A) For any district that was authorized to adopt and that adopted a

local option budget in the 1996-97 school year and to which the provisions

of K.S.A. 2001 Supp. 72-6444, and amendments thereto, do not apply in

the current school year, a percentage in the 1997-98 school year that is

equal to the percentage specified in the resolution under which the dis-

trict was authorized to adopt a local option budget in the 1996-97 school

year, in the 1998-99 school year, a percentage that is equal to 95% of the

percentage specified in the resolution under which the district was au-

thorized to adopt a local option budget in the 1996-97 school year, in the

1999-2000 school year, a percentage that is equal to 90% of the percent-

age specified in the resolution under which the district was authorized to

adopt a local option budget in the 1996-97 school year, in the 2000-01

school year, a percentage that is equal to 85% of the percentage specified

in the resolution under which the district was authorized to adopt a local

option budget in the 1996-97 school year, in the 2001-02 school year and

in each school year thereafter, a percentage that is equal to 80% of the

percentage specified in the resolution under which the district was au-

thorized to adopt a local option budget in the 1996-97 school year;

(B) for any district that was authorized to adopt and that adopted a

local option budget in the 1996-97 school year and to which the provisions

of K.S.A. 2001 Supp. 72-6444, and amendments thereto, apply in the

current school year, a percentage in the 1997-98 school year that is equal

to the sum of the percentage of the amount of state financial aid the

district was authorized to budget in the preceding school year and 20%

of the percentage computed for the district by the state board under the

provisions of K.S.A. 2001 Supp. 72-6444, and amendments thereto, a

percentage in the 1998-99 school year that is equal to the sum of the

percentage of the amount of state financial aid the district was authorized

to budget in the preceding school year and 40% of the percentage com-

puted for the district by the state board under the provisions of K.S.A.

2001 Supp. 72-6444, and amendments thereto, a percentage in the 1999-

2000 school year that is equal to the sum of the percentage of the amount

of state financial aid the district was authorized to budget in the preceding

school year and 60% of the percentage computed for the district by the

state board under the provisions of K.S.A. 2001 Supp. 72-6444, and

amendments thereto, a percentage in the 2000-01 school year that is

equal to the sum of the percentage of the amount of state financial aid

the district was authorized to budget in the preceding school year and

80% of the percentage computed for the district by the state board under

the provisions of K.S.A. 2001 Supp. 72-6444, and amendments thereto,

a percentage in the 2001-02 school year and each school year thereafter

that is equal to the sum of the percentage of the amount of state financial

aid the district was authorized to budget in the preceding school year and

the percentage computed for the district by the state board under the

provisions of K.S.A. 2001 Supp. 72-6444, and amendments thereto;

(C) for any district that was not authorized to adopt a local option

budget in the 1996-97 school year and to which the provisions of K.S.A.

2001 Supp. 72-6444, and amendments thereto, apply in the current

school year, a percentage in the 1997-98 school year that is equal to 20%

of the percentage computed for the district by the state board under the

provisions of K.S.A. 2001 Supp. 72-6444, and amendments thereto, a

percentage in the 1998-99 school year that is equal to the sum of the

percentage of the amount of state financial aid the district was authorized

to budget in the preceding school year and 40% of the percentage com-

puted for the district by the state board under the provisions of K.S.A.

2001 Supp. 72-6444, and amendments thereto, a percentage in the 1999-

2000 school year that is equal to the sum of the percentage of the amount

of state financial aid the district was authorized to budget in the preceding

school year and 60% of the percentage computed for the district by the

state board under the provisions of K.S.A. 2001 Supp. 72-6444, and

amendments thereto, a percentage in the 2000-01 school year that is

equal to the sum of the percentage of the amount of state financial aid

the district was authorized to budget in the preceding school year and

80% of the percentage computed for the district by the state board under

the provisions of K.S.A. 2001 Supp. 72-6444, and amendments thereto,

a percentage in the 2001-02 school year and each school year thereafter

that is equal to the sum of the percentage of the amount of state financial

aid the district was authorized to budget in the preceding school year and

the percentage computed for the district by the state board under the

provisions of K.S.A. 2001 Supp. 72-6444, and amendments thereto;

(D) for any district to which the provisions of K.S.A. 2001 Supp. 72-

6444, and amendments thereto, applied in the 1997-98 school year and

to which the provisions of K.S.A. 2001 Supp. 72-6444, and amendments

thereto, do not apply in the current school year, commencing with the

1998-99 school year, because an increase in the amount budgeted by the

district in its local option budget as authorized by a resolution adopted

under the provisions of subsection (b) causes the actual amount per pupil

budgeted by the district in the preceding school year as determined for

the district under provision (1) of subsection (a) of K.S.A. 2001 Supp. 72-

6444, and amendments thereto, to equal or exceed the average amount

per pupil of general fund budgets and local option budgets computed by

the state board under whichever of the provisions (7) through (10) of

subsection (a) of K.S.A. 2001 Supp. 72-6444, and amendments thereto,

is applicable to the district's enrollment group, a percentage that is equal

to the percentage of the amount of state financial aid the district was

authorized to budget in the preceding school year if the resolution au-

thorized the district to increase its local option budget on a continuous

and permanent basis. If the resolution that authorized the district to in-

crease its local option budget specified a definite period of time for which

the district would retain its authority to increase the local option budget

and such authority lapses at the conclusion of such period and is not

renewed, the term district prescribed percentage means a percentage that

is equal to the percentage of the amount of state financial aid the district

was authorized to budget in the preceding school year less the percentage

of increase that was authorized by the resolution unless the loss of the

percentage of increase that was authorized by the resolution would cause

the actual amount per pupil budgeted by the district to be less than the

average amount per pupil of general fund budgets and local option budg-

ets computed by the state board under whichever of the provisions (7)

through (10) of subsection (a) of K.S.A. 2001 Supp. 72-6444, and amend-

ments thereto, is applicable to the district's enrollment group, in which

case, the term district prescribed percentage means a percentage that is

equal to the percentage of the amount of state financial aid the district

was authorized to budget in the preceding school year less the percentage

of increase that was authorized by the resolution plus a percentage which

shall be computed for the district by the state board in accordance with

the provisions of K.S.A. 2001 Supp. 72-6444, and amendments thereto,

except that, in making the determination of the actual amount per pupil

budgeted by the district in the preceding school year, the state board shall

exclude the percentage of increase that was authorized by the resolution.

(2) (A) Subject to the provisions of subpart (B), the adoption of a

local option budget under authority of this subsection shall require a

majority vote of the members of the board and shall require no other

procedure, authorization or approval.

(B) In lieu of utilizing the authority granted by subpart (A) for adop-

tion of a local option budget, the board of a district may pass a resolution

authorizing adoption of such a budget and publish such resolution once

in a newspaper having general circulation in the district. The resolution

shall be published in substantial compliance with the following form:

Unified School District No. ______,

________ County, Kansas.

RESOLUTION

Be It Resolved that:

The board of education of the above-named school district shall be authorized to adopt

a local option budget in each school year for a period of time not to exceed ______ years

in an amount not to exceed ______% of the amount of state financial aid determined

for the current school year. The local option budget authorized by this resolution may be

adopted, unless a petition in opposition to the same, signed by not less than 5% of the

qualified electors of the school district, is filed with the county election officer of the home

county of the school district within 30 days after publication of this resolution. In the event

a petition is filed, the county election officer shall submit the question of whether adoption

of the local option budget shall be authorized to the electors of the school district at an

election called for the purpose or at the next general election, as is specified by the board

of education of the school district.


CERTIFICATE

This is to certify that the above resolution was duly adopted by the board of education of

Unified School District No. ______, ________ County, Kansas, on the



day of ________, 19__.

____________________
Clerk of the board of education.
All of the blanks in the resolution shall be appropriately filled. The

blank preceding the word ``years'' shall be filled with a specific number,

and the blank preceding the percentage symbol shall be filled with a

specific number. No word shall be inserted in either of the blanks. The

percentage specified in the resolution shall not exceed the district pre-

scribed percentage. The resolution shall be published once in a news-

paper having general circulation in the school district. If no petition as

specified above is filed in accordance with the provisions of the resolution,

the board may adopt a local option budget. If a petition is filed as provided

in the resolution, the board may notify the county election officer of the

date of an election to be held to submit the question of whether adoption

of a local option budget shall be authorized. If the board fails to notify

the county election officer within 30 days after a petition is filed, the

resolution shall be deemed abandoned and no like resolution shall be

adopted by the board within the nine months following publication of the

resolution. If any district is authorized to adopt a local option budget

under this subpart, but the board of such district chooses, in any school

year, not to adopt such a budget or chooses, in any school year, to adopt

such budget in an amount less than the amount of the district prescribed

percentage of the amount of state financial aid in any school year, such

board of education may so choose. If the board of any district refrains

from adopting a local option budget in any one or more school years or

refrains from budgeting the total amount authorized for any one or more

school years, the authority of such district to adopt a local option budget

shall not be extended by such refrainment beyond the period specified

in the resolution authorizing adoption of such budget, nor shall the

amount authorized to be budgeted in any succeeding school year be in-

creased by such refrainment. Whenever an initial resolution has been

adopted under this subpart, and such resolution specified a lesser per-

centage than the district prescribed percentage, the board of the district

may adopt one or more subsequent resolutions under the same procedure

as provided for the initial resolution and subject to the same conditions,

and shall be authorized to increase the percentage as specified in any

such subsequent resolution for the remainder of the period of time spec-

ified in the initial resolution. Any percentage specified in a subsequent

resolution or in subsequent resolutions shall be limited so that the sum

of the percentage authorized in the initial resolution and the percentage

authorized in the subsequent resolution or in subsequent resolutions is

not in excess of the district prescribed percentage in any school year. The

board of any district that has been authorized to adopt a local option

budget under this subpart and levied a tax under authority of K.S.A. 72-

6435, and amendments thereto, may initiate, at any time after the final

levy is certified to the county clerk under any current authorization, pro-

cedures to renew its authority to adopt a local option budget in the man-

ner specified in this subpart or may utilize the authority granted by sub-

part (A). As used in this subpart, the term ``authorized to adopt a local

option budget'' means that a district has adopted a resolution under this

subpart, has published the same, and either that the resolution was not

protested or that it was protested and an election was held by which the

adoption of a local option budget was approved.

(3) The provisions of this subsection are subject to the provisions of

subsections (b) and (c).

(b) The provisions of this subsection (b) shall be subject to the pro-

visions of section 7, and amendments thereto.

(1) The board of any district that adopts a local option budget under

subsection (a) may increase the amount of such budget in each school

year, commencing with the 1997-98 school year, in an amount which

together with the percentage of the amount of state financial aid budgeted

under subsection (a) does not exceed the state prescribed percentage of

the amount of state financial aid determined for the district in the school

year if the board of the district determines that an increase in such budget

would be in the best interests of the district.

(2) No district may increase a local option budget under authority of

this subsection until: (A) A resolution authorizing such an increase is

passed by the board and published once in a newspaper having general

circulation in the district; or (B) the question of whether the board shall

be authorized to increase the local option budget has been submitted to

and approved by the qualified electors of the district at a special election

called for the purpose. Any such election shall be noticed, called and held

in the manner provided by K.S.A. 10-120, and amendments thereto, for

the noticing, calling and holding of elections upon the question of issuing

bonds under the general bond law. The notice of such election shall state

the purpose for and time of the election, and the ballot shall be designed

with the question of whether the board of education of the district shall

be continuously and permanently authorized to increase the local option

budget of the district in each school year by a percentage which together

with the percentage of the amount of state financial aid budgeted under

subsection (a) does not exceed the state prescribed percentage in any

school year. If a majority of the qualified electors voting at the election

approve authorization of the board to increase the local option budget,

the board shall have such authority. If a majority of the qualified electors

voting at the election are opposed to authorization of the board to increase

the local option budget, the board shall not have such authority and no

like question shall be submitted to the qualified electors of the district

within the nine months following the election.

(3) (A) Subject to the provisions of subpart (B), a resolution author-

izing an increase in the local option budget of a district shall state that

the board of education of the district shall be authorized to increase the

local option budget of the district in each school year in an amount not

to exceed ______% of the amount of state financial aid determined for

the current school year and that the percentage of increase may be re-

duced so that the sum of the percentage of the amount of state financial

aid budgeted under subsection (a) and the percentage of increase spec-

ified in the resolution does not exceed the state prescribed percentage in

any school year. The blank preceding the percentage symbol shall be filled

with a specific number. No word shall be inserted in the blank. The

resolution shall specify a definite period of time for which the board shall

be authorized to increase the local option budget and such period of time

shall be expressed by the specific number of school years for which the

board shall retain its authority to increase the local option budget. No

word shall be used to express the number of years for which the board

shall be authorized to increase the local option budget.

(B) In lieu of the requirements of subpart (A) and at the discretion

of the board, a resolution authorizing an increase in the local option

budget of a district may state that the board of education of the district

shall be continuously and permanently authorized to increase the local

option budget of the district in each school year by a percentage which

together with the percentage of the amount of state financial aid budgeted

under subsection (a) does not exceed the state prescribed percentage in

any school year.

(4) A resolution authorizing an increase in the local option budget of

a district shall state that the amount of the local option budget may be

increased as authorized by the resolution unless a petition in opposition

to such increase, signed by not less than 5% of the qualified electors of

the school district, is filed with the county election officer of the home

county of the school district within 30 days after publication. If no petition

is filed in accordance with the provisions of the resolution, the board is

authorized to increase the local option budget of the district. If a petition

is filed as provided in the resolution, the board may notify the county

election officer of the date of an election to be held to submit the question

of whether the board shall be authorized to increase the local option

budget of the district. If the board fails to notify the county election officer

within 30 days after a petition is filed, the resolution shall be deemed

abandoned and no like resolution shall be adopted by the board within

the nine months following publication of the resolution.

(5) The requirements of provision (2) do not apply to any district that

is continuously and permanently authorized to increase the local option

budget of the district. An increase in the amount of a local option budget

by such a district shall require a majority vote of the members of the

board and shall require no other procedure, authorization or approval.

(6) If any district is authorized to increase a local option budget, but

the board of such district chooses, in any school year, not to adopt or

increase such budget or chooses, in any school year, to adopt or increase

such budget in an amount less than the amount authorized, such board

of education may so choose. If the board of any district refrains from

adopting or increasing a local option budget in any one or more school

years or refrains from budgeting the total amount authorized for any one

or more school years, the amount authorized to be budgeted in any suc-

ceeding school year shall not be increased by such refrainment, nor shall

the authority of the district to increase its local option budget be extended

by such refrainment beyond the period of time specified in the resolution

authorizing an increase in the local option budget if the resolution spec-

ified such a period of time.

(7) Whenever an initial resolution has been adopted under this sub-

section, and such resolution specified a percentage which together with

the percentage of the amount of state financial aid budgeted under sub-

section (a) is less than the state prescribed percentage, the board of the

district may adopt one or more subsequent resolutions under the same

procedure as provided for the initial resolution and shall be authorized

to increase the percentage as specified in any such subsequent resolution.

If the initial resolution specified a definite period of time for which the

district is authorized to increase its local option budget, the authority to

increase such budget by the percentage specified in any subsequent res-

olution shall be limited to the remainder of the period of time specified

in the initial resolution. Any percentage specified in a subsequent reso-

lution or in subsequent resolutions shall be limited so that the sum of the

percentage authorized in the initial resolution and the percentage au-

thorized in the subsequent resolution or in subsequent resolutions to-

gether with the percentage of the amount of state financial aid budgeted

under subsection (a) is not in excess of the state prescribed percentage

in any school year.

(8) (A) Subject to the provisions of subpart (B), the board of any

district that has adopted a local option budget under subsection (a), has

been authorized to increase such budget under a resolution which spec-

ified a definite period of time for retention of such authorization, and has

levied a tax under authority of K.S.A. 72-6435, and amendments thereto,

may initiate, at any time after the final levy is certified to the county clerk

under any current authorization, procedures to renew the authority to

increase the local option budget subject to the conditions and in the

manner specified in provisions (2) and (3) of this subsection.

(B) The provisions of subpart (A) do not apply to the board of any

district that is continuously and permanently authorized to increase the

local option budget of the district.

(9) As used in this subsection:

(A) ``Authorized to increase a local option budget'' means either that

a district has held a special election under provision (2)(B) by which au-

thority of the board to increase a local option budget was approved, or

that a district has adopted a resolution under provision (2) (A), has pub-

lished the same, and either that the resolution was not protested or that

it was protested and an election was held by which the authority of the

board to increase a local option budget was approved.

(B) ``State prescribed percentage'' means 25%.

(c) To the extent the provisions of the foregoing subsections conflict

with this subsection, this subsection shall control. Any district that is au-

thorized to adopt a local option budget in the 1997-98 school year under

a resolution which authorized the adoption of such budget in accordance

with the provisions of this section prior to its amendment by this act may

continue to operate under such resolution for the period of time specified

in the resolution or may abandon the resolution and operate under the

provisions of this section as amended by this act. Any such district shall

operate under the provisions of this section as amended by this act after

the period of time specified in the resolution has expired.

(d)(1) There is hereby established in every district that adopts a local

option budget a fund which shall be called the supplemental general fund.

The fund shall consist of all amounts deposited therein or credited thereto

according to law.

(2) Subject to the limitation imposed under provision (3), amounts in

the supplemental general fund may be expended for any purpose for

which expenditures from the general fund are authorized or may be trans-

ferred to the general fund of the district or to any program weighted fund

or categorical fund of the district.

(3) Amounts in the supplemental general fund may not be expended

nor transferred to the general fund of the district for the purpose of

making payments under any lease-purchase agreement involving the ac-

quisition of land or buildings which is entered into pursuant to the pro-

visions of K.S.A. 72-8225, and amendments thereto.

(4) Any unexpended and unencumbered cash balance remaining in

the supplemental general fund of a district at the conclusion of any school

year in which a local option budget is adopted shall be disposed of as

provided in this subsection. If the district did not receive supplemental

general state aid in the school year and the board of the district deter-

mines that it will be necessary to adopt a local option budget in the en-

suing school year, the total amount of the cash balance remaining in the

supplemental general fund shall be maintained in such fund or trans-

ferred to the general fund of the district. If the board of such a district

determines that it will not be necessary to adopt a local option budget in

the ensuing school year, the total amount of the cash balance remaining

in the supplemental general fund shall be transferred to the general fund

of the district. If the district received supplemental general state aid in

the school year, transferred or expended the entire amount budgeted in

the local option budget for the school year, and determines that it will be

necessary to adopt a local option budget in the ensuing school year, the

total amount of the cash balance remaining in the supplemental general

fund shall be maintained in such fund or transferred to the general fund

of the district. If such a district determines that it will not be necessary

to adopt a local option budget in the ensuing school year, the total amount

of the cash balance remaining in the supplemental general fund shall be

transferred to the general fund of the district. If the district received

supplemental general state aid in the school year, did not transfer or

expend the entire amount budgeted in the local option budget for the

school year, and determines that it will not be necessary to adopt a local

option budget in the ensuing school year, the total amount of the cash

balance remaining in the supplemental general fund shall be transferred

to the general fund of the district. If the district received supplemental

general state aid in the school year, did not transfer or expend the entire

amount budgeted in the local option budget for the school year, and

determines that it will be necessary to adopt a local option budget in the

ensuing school year, the state board shall determine the ratio of the

amount of supplemental general state aid received to the amount of the

local option budget of the district for the school year and multiply the

total amount of the cash balance remaining in the supplemental general

fund by such ratio. An amount equal to the amount of the product shall

be transferred to the general fund of the district. The amount remaining

in the supplemental general fund may be maintained in such fund or

transferred to the general fund of the district.

Sec. 6. K.S.A. 2001 Supp. 72-8187 is hereby amended to read as

follows: 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 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 shall have the meaning

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

New Sec. 7. (a) As used in this section, ``school district'' means a

school district which was the sponsoring school district of a special edu-

cation cooperative during school year 2001-2002.

(b) For a school district which adopts a local option budget in an

amount which equals the state prescribed percentage for school year

2002-2003, the maximum amount of a local option budget of such school

district for school year 2002-2003, shall be determined by the state board

as follows:

(1) Determine the amount of the local option budget of the school

district under K.S.A. 72-6433, and amendments thereto, for school year

2001-2002, and subtract the amount of the local option budget of such

district under K.S.A. 72-6433, and amendments thereto, for school year

2002-2003.

(2) If the difference obtained under paragraph (1) is one or more,

multiply the difference by 2/3 and add the product to the maximum

amount of the local option budget of the school district under K.S.A. 72-

6433, and amendments thereto. The sum shall be the maximum amount

of the local option budget of the district for school year 2002-2003.

(3) If the difference obtained under paragraph (1) is zero or less, the

maximum amount of the local option budget of the district for school year

2002-2003, shall be the maximum amount allowed under K.S.A. 72-6433,

and amendments thereto.

(c) For a school district which adopts a local option budget in an

amount which equals the state prescribed percentage for school year

2003-2004, the maximum amount of a local option budget of such school

district for school year 2003-2004, shall be determined by the state board

as follows:

(1) Determine the amount of the local option budget of the school

district under K.S.A. 72-6433, and amendments thereto, for school year

2001-2002, and subtract the amount of the local option budget of such

district under K.S.A. 72-6433, and amendments thereto, for school year

2003-2004.

(2) If the difference obtained under paragraph (1) is one or more,

multiply the difference by 1/3 and add the product to the maximum

amount of the local option budget of the school district under K.S.A. 72-

6433, and amendments thereto. The sum shall be the maximum amount

of the local option budget of the district for school year 2003-2004.

(3) If the difference obtained under paragraph (1) is zero or less, the

maximum amount of the local option budget of the district for school year

2003-2004, shall be the maximum amount allowed under K.S.A. 72-6433,

and amendments thereto.

(d) For a school district which adopts a local option budget in an

amount which equals the district prescribed percentage for school year

2002-2003, the maximum amount of a local option budget of such school

district for school year 2002-2003, shall be determined by the state board

as follows:

(1) Determine the amount of the local option budget of the school

district under K.S.A. 72-6433, and amendments thereto, for school year

2001-2002, and subtract the amount of the local option budget of such

district under K.S.A. 72-6433, and amendments thereto, for school year

2002-2003.

(2) If the difference obtained under paragraph (1) is one or more,

multiply the difference by 1/3 and add the product to the maximum

amount of the local option budget of the school district under K.S.A. 72-

6433, and amendments thereto. The sum shall be the maximum amount

of the local option budget of the district for school year 2002-2003.

(3) If the difference obtained under paragraph (1) is zero or less, the

maximum amount of the local option budget of the district for school year

2002-2003, shall be the maximum amount allowed under K.S.A. 72-6433,

and amendments thereto.

Sec. 8. K.S.A. 2001 Supp. 72-7108 is hereby amended to read as

follows: 72-7108. (a) Transfers of territory from one unified district to

another unified district shall be made only as follows: (a)

(1) Upon the written agreement of any two boards approved by the

state board of education,; or (b)

(2) upon order of the state board after petition therefor by one board

and a public hearing thereon conducted by the state board of education.

(b) The effective date of any such transfer shall be the date of ap-

proval thereof or order therefor issued by the state board of education or

the July 1 following.

(c) Notice of the public hearing on such a petition shall be given by

publication by the state board of education for two consecutive weeks in

a newspaper of general circulation in the unified district from which ter-

ritory is to be transferred, the last publication to be not more than 10 nor

less than three days prior to the date of the hearing. The notice shall state

the time and place of the hearing and shall give a summary description

of the territory proposed to be transferred.

(d) Prior to issuing an order, the state board shall consider the fol-

lowing:

(1) City boundaries and the area within three miles surrounding any

city with more than one district in the area;

(2) available capacity of districts involved in the territory transfer to

serve existing or additional students;

(3) condition and age of buildings and physical plant;

(4) overall costs including renovation of existing buildings versus con-

struction;

(5) cost of bussing;

(6) food service;

(7) administration and teachers;

(8) areas of interest including access and distances for parents to

travel to participate in student activities;

(9) matters of commerce, including regular shopping areas, meeting

places, community activities and youth activities;

(10) districts that are landlocked with changing demographics that

cause declining enrollment; and

(11) effect on students living in the area.

The foregoing shall not be deemed to limit the factors which the state

board of education may consider.

(e) Within 90 days after receiving an agreement or, if a public hearing

is held, within 90 days after the hearing, the state board of education shall

issue its order either approving or disapproving such transfer petition or

agreement, or approving the same with such amendments as it deems

appropriate.

(f) Whenever a petition for transfer of territory has been denied by

the state board of education, no petition for transfer of substantially the

same territory shall be received or considered by the state board of ed-

ucation for a period of two years.

Sec. 9. K.S.A. 2001 Supp. 72-978, 72-6407, 72-6426, 72-6430, 72-

6433, 72-7108 and 72-8187 are hereby repealed.

Sec. 10. 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