Session Law

Identifying Information:L. 2003 ch. 104
Other Identifying Information:2003 Senate Bill 82
Tax Type:Other
Brief Description:An Act concerning school districts; relating to the powers and duties of the board of ed- ucation; amending K.S.A. 72-1623, 72-1623a, 72-6407, 72-67,115, 72-8134, 72-9003 and 72-9006 and repealing the existing sections; also repealing K.S.A. 72-124a, 72-1626, 72- 1626a, 72-6407a, 72-6734, 72-6735, 72-7108a, 72-8110 through 72-8114, 72-8116, 72- 8118, 72-8118a, 72-8119 through 72-8122, 72-8124, 72-8125, 72-8126, 72-8129 through 72-8133, 72-8135, 72-8136, 72-8137, 72-8138, 72-8139, 72-8141 through 72-8144, 72- 8144a, 72-8144b, 72-8144c, 72-8146, 72-8150 through 72-8154, 72-8156, 72-8158 through 72-8163, 72-8176 through 72-8183 and 72-9901 through 72-9907.
Keywords:


Body:

CHAPTER 104

SENATE BILL No. 82


An Act concerning school districts; relating to the powers and duties of the board of ed-

ucation; amending K.S.A. 72-1623, 72-1623a, 72-6407, 72-67,115, 72-8134, 72-9003 and

72-9006 and repealing the existing sections; also repealing K.S.A. 72-124a, 72-1626, 72-

1626a, 72-6407a, 72-6734, 72-6735, 72-7108a, 72-8110 through 72-8114, 72-8116, 72-

8118, 72-8118a, 72-8119 through 72-8122, 72-8124, 72-8125, 72-8126, 72-8129 through

72-8133, 72-8135, 72-8136, 72-8137, 72-8138, 72-8139, 72-8141 through 72-8144, 72-

8144a, 72-8144b, 72-8144c, 72-8146, 72-8150 through 72-8154, 72-8156, 72-8158


through 72-8163, 72-8176 through 72-8183 and 72-9901 through 72-9907.


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

Section 1. K.S.A. 72-1623 is hereby amended to read as follows: 72-

1623. The board shall establish and maintain a system of free public

schools for all children residing in the city school district and may make

all necessary rules and regulations for the government and conduct of

such schools, consistent with the laws of the state: Provided, The board

of a city having a population of more than one hundred twenty thousand

(120,000) and not more than two hundred thousand (200,000) of educa-

tion of U.S.D. No. 500, Kansas City, Kansas, may establish and maintain

a public library and branch libraries, expenditures for which shall be paid

from the general, building, and retirement funds in like manner to the

same manner as school expenditures: Provided further, That if any city is

located within the boundaries of a community high-school or rural high-

school district that is maintaining a high school, the board shall not es-

tablish or maintain a high school. The board may divide the city school

district into subdistricts for purposes of attendance by pupils. The board

shall hold the title to, and have the care and keeping of all school buildings

and other school properties belonging to the city school district. The

board may, in its discretion, open any or all school buildings for com-

munity purposes, and may adopt rules and regulations covering such use

of school buildings.

School buildings and other school properties not needed by the city

school district may be sold by the board, at private or public sale, upon

the affirmative recorded vote of at least two-thirds of all the members of

the board, at a regular meeting. Proceeds from the sale of any such school

building or other property shall be placed in the general fund, bond and

interest fund or in the building fund of the city school district, as deter-

mined by the board of education. Conveyances shall be executed by the

president of the board and attested by the clerk.

On or about October 1 of each year, in all cities of the first class, the

board shall cause to be published in a newspaper printed and published

in the city a statement showing the name, position and salary of the su-

perintendent and department heads of said school system.

Sec. 2. K.S.A. 72-1623a is hereby amended to read as follows: 72-

1623a. (a) In order to maintain and support a library authorized by K.S.A.

72-1623, and amendments thereto, the board of education of a city of the

first class which has established and is maintaining a public library and

branch libraries as provided for in K.S.A. 72-1623, and amendments

thereto, or of a unified or city unified school district wherein is included

a disorganized district which had established and was maintaining a public

library and branch libraries at the time of inclusion in the unified district,

may levy annually, not to exceed 2.5 mills on each dollar of the assessed

tangible valuation of the property of such district in addition to any levy

otherwise authorized or by law provided, and the ad valorem receipts

resulting therefrom may be in addition to any budget limitation otherwise

provided for. The funds derived from the tax levies imposed under this

section shall be used for libraries and library services of the school district

and for the purpose of paying a portion of the principal and interest on

bonds issued by cities under the authority of K.S.A. 12-1774, and amend-

ments thereto, for the financing of redevelopment projects upon property

located within the school district.

(b) Whenever the board of education desires to increase the mill levy

above 2.5 mills and such board shall determine determines that the cur-

rent tax levy is insufficient to maintain and support the library, such board

may adopt a resolution declaring it necessary to increase such annual levy

in an amount which together with the current levy shall not exceed a total

of 4 mills. Whenever the board of education desires to increase the mill

levy above 4 mills and such board shall determine determines that the

current tax levy is insufficient to maintain and support the library, such

board may adopt a resolution declaring it necessary to increase such an-

nual levy by an additional amount not to exceed 1/4 mill in any one year

up to a total amount which shall not exceed 6 mills in any year. Any such

resolution shall state the total amount of the tax to be levied for library

purposes and shall be published once each week for two consecutive

weeks in the official city newspaper. Whereupon such annual levy in an

amount not to exceed the amount stated in the resolution may be made

for the ensuing budget year and each successive budget year unless a

petition requesting an election upon the proposition to increase the tax

levy in excess of the current tax levy, signed by not less than 5% of the

qualified electors who voted at the last preceding regular city election, as

shown by the poll books, is filed with the county election officer within

60 days following the date of the last publication of the resolution. In the

event If a valid petition is filed, no such increased levy shall be made

without such proposition having been submitted to and having been ap-

proved by a majority of the qualified electors voting at an election called

and held thereon. All such elections shall be called and held in the manner

prescribed for the calling and holding of elections upon the question of

the issuance of bonds under the general bond law.

Sec. 3. K.S.A. 72-9003 is hereby amended to read as follows: 72-

9003. Every board shall adopt a written policy of personnel evaluation

procedure in accordance with this act and file the same with the state

board. Every policy so adopted shall:

(a) Be prescribed in writing at the time of original adoption and at

all times thereafter when amendments thereto are adopted. The original

policy and all amendments thereto shall be promptly filed with the state

board.

(b) Include evaluation procedures applicable to all employees.

(c) Provide that all evaluations are to be made in writing and that

evaluation documents and responses thereto are to be maintained in a

personnel file for each employee for a period of not less than three years

from the date each evaluation is made.

(d) (1) Except as provided herein, provide that every employee in

the first two consecutive school years of employment shall be evaluated

at least one time per semester by not later than the 60th school day of

the semester, except that. Any employee who is not employed for the

entire semester shall not be required to be evaluated; and that every

employee. During the third and fourth years of employment, every em-

ployee shall be evaluated at least one time each school year by not later

than February 15; and that. After the fourth year of employment, every

employee shall be evaluated at least once in every three years by not later

than February 15 of the school year in which the employee is evaluated.

(2) The provisions of this subsection apply to employees of school

districts, nonpublic schools and area vocational-technical schools.

(e) (1) Except as provided herein, provide that every employee in the

first two consecutive school years of employment shall be evaluated at

least one time per semester, except that. Any employee who is not em-

ployed for the entire semester shall not be required to be evaluated; and

that every employee. During the third and fourth years of employment,

every employee shall be evaluated at least one time each school year; and

that. After the fourth year of employment every employee shall be eval-

uated at least once in every three years.

(2) The provisions of this subsection apply to full-time employees of

community colleges.

Sec. 4. K.S.A. 72-9006 is hereby amended to read as follows: 72-

9006. (a) Upon request of any board, the state board shall provide for

assistance in the preparation of policies of personnel evaluation or amend-

ments thereto.

(b) If, in the case of school districts and nonpublic schools, any board

fails to file an adopted policy as provided by this act, or if any such board

fails to file any adopted amendment to such policy within a reasonable

time after adoption thereof, the state board of education may apply pen-

alties as prescribed by rules and regulations applicable to accreditation of

schools.

(c) If, in the case of community colleges and area vocational-technical

schools, any board fails to file an adopted policy as provided by this act,

or if any such board fails to file any adopted amendment to such policy

within a reasonable time after adoption thereof, the state board of regents

may apply penalties as prescribed by rules and regulations applicable to

approval of community colleges and area vocational-technical schools.

Sec. 5. K.S.A. 72-8134 is hereby amended to read as follows: 72-

8134. (a) Each member district shall of unified school district No. 512,

Johnson county, Kansas may have a five-member advisory board. The

member of the board of education elected from each member district

shall be a member and chairperson of the advisory board for his or her

member such member's district. Commencing in 1978, the four (4) The

four members of the advisory board other than the chairperson shall be

elected during the month of May of each even-numbered year at a meet-

ing of school patrons of that member district called for the purpose by

the board of education, and shall serve for a term of two (2) years. The

members of the advisory board incumbent under the provisions of this

section, prior to its amendment by this act, and on the effective date of

this act, shall continue in office after the expiration of the term for which

each was elected and shall serve as members of the advisory board until

such time as the newly elected members of the advisory board are elected

and take office in the month of May, 1978. Such newly elected members

shall serve for a term of two (2) years as herein provided. Absentee ballots

may be cast at any election of advisory board members in the manner

and under the conditions prescribed by the board of education. If a va-

cancy shall occur on any advisory board, the board of education shall

appoint a person to fill such vacancy for the unexpired term.

(b) The advisory board of each member district shall serve to provide

liaison between the citizens of the member district and the board of

education of the unified school district. Each advisory board shall be

responsible to make recommendations to the board of education on all

matters relating to education including, but without excluding others, the

following subject areas: (1) Personnel of the school district, (2) curricula,

(3) budget and (4) budget allocation. On or before December 1 of each

year each advisory board shall adopt its recommendations with respect to

curricula and shall submit the same to the board of education of the

unified school district. On or before February 1 of each year each advisory

board shall make its recommendations on personnel and submit the same

to such board of education. Each advisory board shall meet at least

monthly at a time and place determined by it, and such time and place

shall be specified in a publication notice thereof at least one time each

year in a newspaper having general circulation in the member district.

Such publications shall not be required to be in the form of a legal pub-

lication, and such publication may be made in a paper not authorized to

make legal publications in such unified school district.

(c) The board of education may adopt a resolution exempting the

school district from the requirements of subsections (a) and (b). The res-

olution shall be published once each week for two consecutive weeks in a

newspaper of general circulation in the school district. If, within 30 days

after the last publication, a petition signed by not less than 5% of the

qualified electors in the school district is filed in the office of the county

election officer requesting an election thereon, the school district shall

remain subject to the provisions of subsections (a) and (b) unless the ques-

tion is submitted to and approved by a majority of the voters of the school

district voting at an election called by the governing body. Such election

shall be called and held in the manner provided under the provisions of

K.S.A. 10-120, and amendments thereto. Such election also may be con-

ducted by mail ballot.

New Sec. 6. (a) On or before October 1 of each year, the board of

education of each school district shall provide to a newspaper of general

circulation within the district a statement showing the name, position and

salary of the superintendent, deputy superintendents, assistant superin-

tendents, directors, principals and any other administrator with district-

wide responsibilities of such school district.

(b) The provisions of this section shall expire on June 30, 2006.

Sec. 7. K.S.A. 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 main-

tained by the district or who is regularly enrolled in a district and attend-

ing 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 dis-

trict 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 specified in this clause (1), the number of pupils regularly en-

rolled in the district on September 20; (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 which-

ever is the greater of (A) enrollment 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 pupils, if any such pupils are enrolled, or (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 (i) enrollment of the district in the current school year minus enroll-

ment in such school year of preschool-aged at-risk pupils, if any such

pupils are enrolled and (ii) 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 (iii) enrollment in the school year next

preceding the preceding 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 K.S.A. 72-6447, and amend-

ments 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.

72-6441, and amendments thereto, apply on the basis of costs attributable

to commencing operation of new school facilities. Ancillary school facil-

ities weighting may be assigned to enrollment of a district only if the

district has levied a tax under authority of K.S.A. 72-6441, and amend-

ments thereto, and remitted the proceeds from such tax to the state trea-

surer. 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 the Kansas department

of health and environment which is a psychiatric residential treatment

facility for individuals under the age of 21 which conforms with the reg-

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

mission on accreditation of health care organizations governing such fa-

cilities; 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. 8. K.S.A. 72-67,115 is hereby amended to read as follows: 72-

67,115. (a) The board of any unified education of any school district may:

(1) Offer and teach courses and conduct preschool programs for chil-

dren under the age provided by law for enrollment in of eligibility to

attend kindergarten.

(2) Enter into cooperative or interlocal agreements with one or more

other boards for the establishment, operation and maintenance of such

preschool programs.

(3) Contract with private, nonprofit corporations or associations or

with any public or private agency or institution, whether located within

or outside the state, for the establishment, operation and maintenance of

such preschool programs.

(4) Prescribe and collect fees for providing such preschool programs.

(b) Fees for providing preschool programs shall be prescribed and

collected only to recover the costs incurred as a result of and directly

attributable to the establishment, operation and maintenance of the pre-

school programs. Revenues from fees collected by a board under this sec-

tion shall be deposited in the general fund of the school district and shall

be considered reimbursements to the district for the purpose of the school

district finance and quality performance act and may be expended

whether the same have been budgeted or not and amounts so expended

shall not be considered operating expenses.

Sec. 9. K.S.A. 72-124a, 72-1623, 72-1623a, 72-1626, 72-1626a, 72-

6407, 72-6407a, 72-6734, 72-6735, 72-67,115, 72-7108a, 72-8110 through

72-8114, 72-8116, 72-8118, 72-8118a, 72-8119 through 72-8122, 72-8124,

72-8125, 72-8126, 72-8129 through 72-8136, 72-8137, 72-8138, 72-8139,

72-8141 through 72-8144, 72-8144a, 72-8144b, 72-8144c, 72-8146, 72-

8150 through 72-8154, 72-8156, 72-8158 through 72-8163, 72-8176

through 72-8183, 72-9003, 72-9006 and 72-9901 through 72-9907 are

hereby repealed.

Sec. 10. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 21, 2002.


__________




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