chapter-72•Chapter 72 — Schools
Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.
History: L. 1915, ch. 296, § 1; R.S. 1923, 72-101; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1915, ch. 296, § 6; R.S. 1923, 72-102; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1915, ch. 296, § 8; R.S. 1923, 72-103; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1915, ch. 296, § 9; R.S. 1923, 72-104; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1915, ch. 296, § 10; L. 1919, ch. 256, § 3; R.S. 1923, 72-105; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1945, ch. 282, §§ 1 to 3; Repealed, L. 1968, ch. 161, § 1; January 14, 1969.
History: L. 1945, ch. 282, § 4; L. 1955, ch. 308, § 1; L. 1957, ch. 373, § 5; Repealed, L. 1968, ch. 327, § 2; January 14, 1969.
History: L. 1945, ch. 282, § 5; Repealed, L. 1968, ch. 161, § 1; January 14, 1969.
History: L. 1945, ch. 282, § 6; L. 1967, ch. 434, § 20; Repealed, L. 1968, ch. 161, § 1; January 14, 1969.
History: L. 1945, ch. 282, §§ 7, 8; Repealed, L. 1968, ch. 161, § 1; January 14, 1969.
History: L. 1945, ch. 282, § 9; L. 1949, ch. 423, § 4; Repealed, L. 1968, ch. 161, § 1; January 14, 1969.
History: L. 1945, ch. 282, § 10; L. 1955, ch. 308, § 2; Repealed, L. 1968, ch. 327, § 2; January 14, 1969.
Revisor's Note: Section transferred to 76-717b.
History: L. 1945, ch. 282, § 12; Repealed, L. 1957, ch. 374, § 1; June 29.
History: L. 1945, ch. 282, §§ 13, 14; Repealed, L. 1969, ch. 310, § 66; July 1.
The state board of education not more often than once each year may publish the school laws in force, with such forms, rules and regulations, instructions and decisions as it determines appropriate, and shall cause the same to be delivered to all persons under contract to administer school laws and to each member of the legislature. It shall prescribe and cause to be prepared all forms and blanks which it deems necessary.
History: L. 1945, ch. 282, § 15; L. 1969, ch. 310, § 9; July 1.
History: L. 1945, ch. 282, §§ 16, 17; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1945, ch. 282, § 18; Repealed, L. 1968, ch. 161, § 1; January 14, 1969.
History: L. 1957, ch. 405, § 1; Repealed, L. 1968, ch. 82, § 3; July 1.
Revisor's Note: Transferred to 72-7515.
History: L. 1957, ch. 405, §§ 3, 4; Repealed, L. 1968, ch. 82, § 3; July 1.
History: L. 1945, ch. 282, § 19; Repealed, L. 1968, ch. 161, § 1; January 14, 1969.
History: L. 1968, ch. 269, § 5; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1945, ch. 282, § 20; Repealed, L. 1968, ch. 327, § 2; January 14, 1969.
History: L. 1953, ch. 354, § 1; Repealed, L. 1996, ch. 8, § 1; July 1.
History: L. 1953, ch. 354, §§ 2 to 4; L. 1969, ch. 310, §§ 11 to 13; Repealed, L. 1996, ch. 8, § 1; July 1.
Revisor's Note: Section transferred to 72-7114.
Revisor's Note: Section transferred to 72-7115.
Revisor's Note: Section transferred to 72-7116.
Revisor's Note: Section transferred to 72-7117.
Revisor's Note: Section transferred to 72-7118.
Revisor's Note: Section transferred to 72-7119.
Revisor's Note: Section transferred to 72-7120.
History: L. 1899, ch. 244, § 1; L. 1921, ch. 225, § 1; R.S. 1923, 72-201; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-202; Repealed, L. 1947, ch. 356, § 2; July 7.
History: L. 1947, ch. 356, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1949, ch. 392, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1881, ch. 152, § 1; R.S. 1923, 72-203; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1881, ch. 152, § 2; R.S. 1923, 72-204; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1915, ch. 302, § 1; R.S. 1923, 72-205; L. 1933, ch. 250, § 1; L. 1949, ch. 351, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1881, ch. 152, § 3; R.S. 1923, 72-206; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1881, ch. 152, § 5; R.S. 1923, 72-207; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1881, ch. 152, § 7; R.S. 1923, 72-208; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1881, ch. 152, § 8; L. 1911, ch. 278, § 1; R.S. 1923, 72-209; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1881, ch. 152, § 9; R.S. 1923, 72-210; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1881, ch. 152, § 10; R.S. 1923, 72-211; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1881, ch. 152, § 11; R.S. 1923, 72-212; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1881, ch. 152, § 12; L. 1907, ch. 329, § 1; R.S. 1923, 72-213; Repealed, L. 1951, ch. 396, § 20; April 1.
History: L. 1881, ch. 152, § 13; L. 1921, ch. 227, § 1; R.S. 1923, 72-214; Repealed, L. 1951, ch. 396, § 20; April 1.
History: L. 1881, ch. 152, § 14; R.S. 1923, 72-215; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1917, ch. 132, § 1; R.S. 1923, 72-216; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1881, ch. 152, § 15; R.S. 1923, 72-217; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 2, § 15; L. 1887, ch. 219, § 1; R.S. 1923, 72-218; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1911, ch. 274, §§ 1, 2; R.S. 1923, 72-219, 72-220; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1925, ch. 146, §§ 1, 2; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1925, ch. 146, § 3; L. 1949, ch. 352, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1925, ch. 146, § 4; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1951, ch. 395, § 1; Repealed, L. 1968, ch. 84, § 6; July 1.
History: L. 1951, ch. 395, § 2; L. 1961, ch. 212, § 2; Repealed, L. 1968, ch. 84, § 6; July 1.
History: L. 1951, ch. 395, § 3; Repealed, L. 1961, ch. 212, § 3; July 1.
History: L. 1951, ch. 395, § 4; L. 1965, ch. 160, § 8; Repealed, L. 1968, ch. 84, § 6; July 1.
History: L. 1951, ch. 395, § 5; L. 1953, ch. 312, § 1; L. 1967, ch. 364, § 1; Repealed, L. 1968, ch. 84, § 6; July 1.
History: L. 1951, ch. 395, §§ 6 to 8; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1951, ch. 395, § 9; L. 1963, ch. 160, § 8; Repealed, L. 1968, ch. 84, § 6; July 1.
History: L. 1951, ch. 395, §§ 10 to 13; Repealed, L. 1968, ch. 84, § 6; July 1.
History: L. 1951, ch. 395, 14; L. 1957, ch. 247, § 18; Repealed, L. 1968, ch. 83, § 1; July 1, 1969.
History: L. 1951, ch. 395, § 15; Repealed, L. 1968, ch. 83, § 1; July 1, 1969.
History: L. 1951, ch. 395, § 16; L. 1953, ch. 313, § 1; L. 1955, ch. 309, § 1; L. 1957, ch. 247, § 19; L. 1961, ch. 217, § 15; Repealed, L. 1968, ch. 83, § 1; July 1, 1969.
History: L. 1953, ch. 352, § 1; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1961, ch. 350, § 1; Repealed, L. 1969, ch. 310, § 66; July 1.
This act shall be known and may be cited as the "state board of education act."
History: L. 1968, ch. 269, § 1; April 30.
Unless the context otherwise requires, as used in this act:
(a) "State board" means the state board of education created by sections 2 and 3 of article 6 of the constitution and provided for by K.S.A. 72-245.
(b) "Board member" and "member" mean a member of the state board of education.
(c) "Board member position" means one of the numbered positions used to identify the ten (10) members of the state board of education.
(d) "Commissioner" means the commissioner of education created by section 4 of article 6 of the constitution and provided for by K.S.A. 72-371.
(e) "State department" means the state department of education established by K.S.A. 72-408.
(f) "Board member district" or "member district" means one of ten (10) districts from which a board member is elected, as is prescribed in article 6, section 3 (a) of the constitution of Kansas.
History: L. 1968, ch. 269, § 2; April 30.
(a) In compliance with sections 2 and 3 of article 6 of the constitution of this state, provisions are hereby made for the state board of education. The board shall be comprised of ten (10) members. The board shall have ten (10) board member positions, which are numbered one (1) to ten (10). The state is divided into ten (10) board member districts, which are numbered one (1) to ten (10). Each board member position shall correspond to the respectively numbered board member district. Each board member position shall be occupied by a resident of the board member district having the same number.
(b) Members of the state board of education shall be elected as provided by law, except that vacancies occurring on the board shall be filled by appointment under the conditions herein specified.
(c) The state board of education shall have the powers that it is specified to have in the constitution as such powers are more specifically described and defined by law.
History: L. 1968, ch. 269, § 3; April 30.
(a) Whenever a vacancy occurs in any board member position, such vacancy shall be filled in the manner provided in K.S.A. 25-3902a, and amendments thereto.
(b) A vacancy occurs in a board member position under any of the following circumstances:
(1) Death of a board member, on the date of death.
(2) Removal of a board member, on the date the removal order is final, or if appealed to the court, on the date the court action becomes final.
(3) By written notice of resignation of a member filed with the state board, on the date specified in the notice of resignation, which shall be not later than 60 days after such notice of resignation is filed. The member resigning from the board also shall send a copy of the notice of resignation to the secretary of state.
(c) In the event that any board member changes residence outside of the district from which elected, such member promptly shall resign from the state board. If such a member fails to resign such member shall be subject to removal from office as provided by law. Any redistricting of board member districts which results in a board member residing outside of the board member district shall not be grounds for removal and shall not disqualify such member from service on the state board for the remainder of the term for which the member was elected or appointed.
History: L. 1968, ch. 269, § 4; L. 1970, ch. 138, § 1; L. 1972, ch. 131, § 9; L. 1975, ch. 217, § 1; L. 1999, ch. 64, § 4; July 1.
The office of state superintendent of public instruction is hereby abolished at 10:00 o'clock a.m. on January 14, 1969. Any contract, agreement or assurance entered into after the effective date of this act by the state superintendent of public instruction shall be subject to amendment, termination or revocation by the state board established under this act at any time after January 13, 1969, and unless so changed shall remain in full force and effect without necessity of ratification or any other action by the state board of education.
History: L. 1968, ch. 269, § 8; April 30.
(a) The initial meeting of the state board shall be on the second Tuesday in January of 1969 in the office of the secretary of state in the state capitol building, and such meeting shall commence at 10:00 o'clock a.m. The initial meeting of the state board may be recessed and moved to another meeting place by common consent of the members.
(b) Meetings of the state board subsequent to its initial meeting shall be held and conducted as provided in this act.
(c) Commencing at the time of the initial meeting of the state board, the powers, authorities, duties and responsibilities conferred and imposed upon the state board by this act shall be operative and effective.
History: L. 1968, ch. 269, § 9; April 30.
(a) The state board shall meet at least once each month. At some time during the month of January of each year the board shall adopt a resolution specifying a regular meeting time of the board and such resolution shall specify the regular hour of commencement of the meeting, as well as the day of the week and the week of the month. Such resolution shall also provide that if the regular meeting date occurs on a Sunday or on a legal holiday or on a holiday specified by the board, such regular meeting shall be held on the following day commencing at the same hour. The state board may provide by resolution for (1) additional regular meetings, (2) special meetings, or (3) recessed or adjourned meetings.
(b) All official actions of the state board shall be taken at official meetings open to the public.
History: L. 1968, ch. 269, § 10; L. 1975, ch. 380, § 1; July 1.
At its initial meeting and at its first meeting after the second Monday in January of each odd-numbered year, the state board shall organize by election of a chairman, vice-chairman and such other officers as it may deem appropriate. The state board shall appoint a secretary not a member of the board. The secretary shall provide for a means of recording the actions of the state board and shall officially certify the minutes of each meeting of the state board.
History: L. 1968, ch. 269, § 11; April 30.
A quorum of the state board shall be six (6) members and no meeting shall commence until a quorum is present, but any number of members less than a quorum may recess a meeting to a later time. Official actions of the state board shall be adopted by a favorable vote of six (6) or more members. A record vote shall be taken and made a part of their public record.
History: L. 1968, ch. 269, § 12; April 30.
The state board shall provide a seal which shall be used in making official certifications by the commissioner or secretary.
Any certification which may be made by the commissioner or secretary may be made with the same force and verity by any assistant commissioner designated by the commissioner for such purpose.
History: L. 1968, ch. 269, § 13; April 30.
(a) The state board of education may authorize members thereof to attend in-state meetings for participation in matters of educational interest to the state of Kansas, and when attending a meeting so authorized, members shall receive travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212, and amendments thereto, for members of the legislature. Whenever under any provision of law, a member of the state board of education is authorized to attend an out-of-state meeting, or whenever the state board of education authorizes one of its members to attend an out-of-state meeting for participation in matters of educational interest to the state of Kansas such members, when attending a meeting so authorized, shall receive travel expenses or subsistence expenses as provided in K.S.A. 75-3212, and amendments thereto, for members of the legislature.
(b) Notwithstanding the provisions of K.S.A. 75-3212, and amendments thereto, during any fiscal year, each member of the board of education shall receive compensation in an amount established by the state board of education for the member's service at regularly scheduled meetings of the board of education and any other in-state meeting for participation in matters of educational interest to the state of Kansas.
History: L. 1972, ch. 275, § 1; L. 1974, ch. 348, § 41; L. 1975, ch. 380, § 2; L. 1976, ch. 319, § 1; L. 1981, ch. 289, § 1; L. 2025, ch. 111, § 2; July 1.
The state board may sue in its own name, may be sued and may defend any action brought against it or against any of its members who are sued in situations relating to and arising out of the performance of their official duties. The state board shall appoint an attorney to represent it or any of its members in all litigations. The attorney for the state board shall attend all meetings of the state board and render such legal services as are directed by the state board or the commissioner.
History: L. 1968, ch. 269, § 20; L. 1975, ch. 381, § 1; April 29.
In general, but not by way of limitation, consonant with other applicable statutory provisions, the state board of education shall:
(a) Adopt and maintain standards, criteria, guidelines or rules and regulations for the following:
(1) School libraries and other educational materials with the exception of textbooks;
(2) courses of study and curriculum;
(3) accreditation of schools including elementary and secondary, public and nonpublic;
(4) certification of administrators, teachers, counselors, school nurses and supervisors of school districts and of the state department of education and of teachers and administrators of nonpublic schools; and
(b) administer the laws of this state concerning the matters named in this section and all other matters relating to general supervision of the public schools and institutions under supervision of the state board of education.
History: L. 1968, ch. 327, § 1; L. 1974, ch. 315, § 1; L. 1975, ch. 380, § 3; L. 2001, ch. 65, § 1; July 1.
The state board is hereby authorized to adopt rules and regulations not in conflict with law on any and all matters within its jurisdiction, except as is otherwise specifically provided by law.
History: L. 1968, ch. 269, § 28; April 30.
Every rule and regulation which is adopted by the state board of education whether pursuant to statutory authority of the board or pursuant to authority granted to the board under section 2 of article 6 of the constitution of the state of Kansas, shall be adopted and filed by the board in the manner provided by the rules and regulations filing act.
History: L. 1982, ch. 307, § 1; L. 1988, ch. 366, § 20; L. 2003, ch. 17, § 1; July 1.
All books, records and papers of the board of education or other governing body of each school district, community junior college, area vocational-technical school, or technical institute shall, at all reasonable times, be opened for and available to the state board and its designated officers, employees and agents.
History: L. 1957, ch. 405, § 1; L. 1968, ch. 82, § 1; July 1.
"State board" means the constitutional state board of education.
History: L. 1968, ch. 82, § 2; July 1.
The state board of education may receive and expend, or supervise the expenditure of, any donation, gift, grant or bequest made to the state board of education for furthering any phase of education.
History: L. 1969, ch. 349, § 1; April 28.
(a) The state board of education, or any institution under the jurisdiction of the state board, with the approval thereof, may apply for, accept and receive any private donation, gift, grant or bequest made for any purpose related to the operation or function of such board or institution. Such board or institution may hold, administer and expend any such gift, grant or bequest in accordance with any terms or conditions imposed by the donor.
(b) The provisions of subsection (a) do not apply to any school district.
History: L. 1974, ch. 323, § 1; L. 1999, ch. 147, § 127; July 1.
(a) For the purpose of hearing any appeal, case or other matter of any kind whatsoever required by law to be determined or heard and determined by the state board of education, the state board of education may appoint one or more hearing officers. Any such hearing officer shall be an officer or employee of the state department of education. Any such appointment shall apply to a particular hearing or to a set or class of hearings as specified by the state board of education in making such appointment.
(b) To the extent that the provisions of this section conflict with the provisions of any other law, the provisions of such other law shall control.
(c) The provisions of this section shall not operate or be construed in any manner so as to authorize the substitution of hearing by a hearing officer in lieu of hearing by the professional practices commission provided for by K.S.A. 72-2313, and amendments thereto.
History: L. 1971, ch. 231, § 1; L. 1987, ch. 276, § 2; July 1.
Whenever a hearing officer appointed under authority of K.S.A. 72-262, and amendments thereto, hears any appeal, case or other matter, the hearing officer, after hearing the same, shall render an initial order which shall be subject to review by the state board of education. Any matter determined by the state board of education in accordance with this section shall be valid to the same extent as if the matter were fully heard by the state board of education without a hearing officer.
History: L. 1971, ch. 231, § 2; L. 1987, ch. 276, § 3; L. 1988, ch. 356, § 282; L. 1989, ch. 283, § 16; July 1.
The state board of education may provide by contracts with any state agency or institution, any board of trustees of a community junior college, any board of education of a school district and the governing authority of any nonpublic school for computerized information search services. Such services shall include, but not be limited to, computer generated bibliographies and manual searches of educational indices, microfiche reproduction and hard copy of documents from the educational resources information center collection. The state board of education shall establish an appropriate fee schedule for providing such services.
History: L. 1974, ch. 285, § 1; July 1.
The state board of education shall remit all moneys received by or for it under any contract entered into under the provisions of this act or from any grants from the federal government or any unit or agency thereof to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the computerized information search services fee fund, which fund is hereby established. All expenditures from the computerized information search services fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the state board of education or by a person or persons designated by it.
History: L. 1974, ch. 285, § 2; L. 2001, ch. 5, § 294; July 1.
The state board of education is hereby authorized to release, remit and remise by quit claim deed to the department of health, education and welfare of the United States of America, real estate situated in the county of Ottawa, state of Kansas, described as follows:
Tract No. S-1-100:
The West 800 feet of the East 1,707 feet of the South 1000 feet of the North 1940 feet of the Northeast quarter of section 16, township 11, South, range 2, west of the sixth principal meridian, Ottawa county, Kansas, containing 18.37 acres, more or less.
Tract No. S-1-100E:
Permanent access road easement. The West 100 feet of the East 1,526 feet of the North 940 feet of the Northeast quarter of section 16, township 11, South, range 2, west of the sixth principal meridian, Ottawa county, Kansas, containing 2.16 acres, more or less; together with the improvements thereon.
All of the above real estate and property approximating 20.53 acres of land is identified as Atlas "F" missile site No. 1 located near Bennington, Kansas.
History: L. 1974, ch. 288, § 1; July 1.
The instrument of conveyance quit claiming, releasing and remising the real estate described in K.S.A. 72-281 shall be executed in the name of the state board of education by its chairman. Said state board shall execute the quit claim deed for the reason that such real estate is no longer needed or used for educational purposes which existed on the 25th day of March, 1969, on which date the United States of America, grantor, conveyed such real estate and appurtenances to the state board of education of the state of Kansas.
History: L. 1974, ch. 288, § 2; July 1.
The state board of education is hereby authorized to release, remit and remise by quit claim deed to the department of health, education and welfare of the United States of America, real estate situated in the county of Saline, state of Kansas, described as follows:
A tract of land identified as part 5B of block 5 lying in the NE/4 of S3, T15S, R3W of the 6th principal meridian in the Schilling subdivision of Saline county, Kansas; more particularly described as follows:
Commencing at the northwest corner of the NE/4 of S3, T15S, R3W; thence S 89°53′24″ E a distance of 1349.16 feet; thence S 00°06′24″ E a distance of 55.38 feet; thence S 89°53′36″ W a distance of 40.00 feet to the true point of beginning, said point of beginning being the northeast corner of block 5B; thence S 00°06′24″ E a distance of 647.00 feet to the southeast corner of block 5B; thence S 89°53′36″ W a distance of 650.00 feet to the southwest corner of block 5B; thence N 00°06′24″W a distance of 647.00 feet to the northwest corner of block 5B; thence N 89°53′36″ E a distance of 650.00 feet to the true point of beginning.
A tract of land, identified as block 11, lying in SE/4 of S34, T14S, R3W of the 6th principal meridian in the Schilling subdivision of Saline county, Kansas; more particularly described as follows:
Commencing at the northwest corner of the SE/4 of S34, T14S, R3W; thence S 89°50′10″ E a distance of 1338.65 feet; thence S 00°06′24″ E a distance of 426.08 feet; thence S 89°53′36″ W a distance of 40.00 feet to the true point of beginning, said point of beginning being the northeast corner of block 11; thence S 00°06′24″ E a distance of 681.00 feet to the southeast corner of block 11; thence S 89°53′36″ W a distance of 1040.00 feet to the southwest corner of block 11; thence N 00°06′24″ W a distance of 278.00 feet; thence N 89°53′36″ E a distance of 460.00 feet; thence N 00°06′24″ W a distance of 403.00 feet; thence N 89°53′36″ E a distance of 580.00 feet to the true point of beginning.
A tract of land identified as block 12 lying in the SE/4 of S34, T14S, R3W of the 6th principal meridian in the Schilling subdivision of Saline county, Kansas; more particularly described as follows:
Commencing at the northwest corner of the SE/4 of S 34, T14S, R3W; thence S 89°50′10″ E a distance of 1338.65 feet; thence S 00°06′24″ E a distance of 426.08 feet; thence N 89°53′36″ E a distance of 40.00 feet to the true point of beginning, said point of beginning being the northwest corner of block 12; thence N 89°53′36″ E a distance of 751.00 feet to the northeast corner of block 12; thence S 00°06′24″ E a distance of 681.00 feet to the southeast corner of block 12; thence S 89°53′36″ W a distance of 751.00 feet to the southwest corner of block 12; thence N 00°06′24″ W a distance of 681.00 feet to the true point of beginning.
Together with improvements on all of the above described real estate.
History: L. 1974, ch. 297, § 1; July 1.
The instruments of conveyance quit claiming, releasing and remising the real estate described in K.S.A. 72-283 shall be executed in the name of the state board of education by its chairman. Said state board shall execute the quit claim deed for the reason that such real estate is no longer needed or used for educational purposes which existed on November 15, 1966, on which date the United States of America, grantor, conveyed such real estate and appurtenances to the state educational authority of the state of Kansas, grantee, for the exclusive use of Schilling institute (now Kansas technical institute).
History: L. 1974, ch. 297, § 2; July 1.
(a) The state board of education shall undertake a comprehensive study of the organization of school districts in this state to determine if the public school system could be more efficiently and effectively operated under a different configuration. In making the study of school district organization, the state board of education shall: (1) Review grade level and school district enrollment and projected enrollment, pupil transportation requirements including the distances pupils must travel to attend the schools of a district and the proximity of schools in adjoining districts with respect to pupils having lengthy bus commutes, the capacity and condition of existing school facilities in each district, communities of interest in matters such as commerce and tradition, property tax bases of districts, and other matters deemed appropriate to the study; (2) determine and document the existence of problems with respect to matters reviewed and provide suggestions for solution or alleviation of such problems; (3) envision a configuration of school districts that would serve the needs of Kansas children, Kansas taxpayers, and Kansas society in the most efficient and effective manner attainable and design a comprehensive plan for attainment of such optimal configuration; (4) formulate recommendations for actualization of the comprehensive plan for attainment of the optimal school district configuration and for legislation deemed necessary for actualization of the plan; and (5) present findings of the study, the comprehensive plan for attainment of the optimal school district configuration, and recommendations with respect to actualization of the plan to the committee on education of the house of representatives and the committee on education of the senate on or before January 15, 2001.
(b) The state board of education may establish advisory committees and secure consultant services for assistance in performing the duties imposed in the foregoing subsection.
History: L. 1999, ch. 165, § 10; May 20.
(a) The state board of education shall prepare a strategy for identifying, developing, and implementing a mastery of basic reading skills program in kindergarten and each of grades one through three of school districts based upon the goal of mastery of basic reading skills by pupils upon completion of the third grade. In carrying out this directive, the state board shall:
(1) Identify state standards and outcomes of mastery of basic reading skills in kindergarten and each of grades one through three;
(2) prepare a plan for monitoring the progress of pupils in kindergarten and at each applicable grade level in achieving mastery of basic reading skills; and
(3) specify the means to be used for determining mastery of basic reading skills by each pupil upon completion of grade three.
(b) The state board's strategy shall include a component for requiring school districts to provide interventions for pupils who are not making satisfactory progress toward mastering basic reading skills such as, but not limited to, a restructured school day, additional school days, summer school, or individualized instruction.
(c) The state board of education shall report to the 2001 legislature a strategy and proposed plan for implementing the mastery of basic reading skills program with development of standards during the 2001-02 school year and commencement of the plan in the 2002-03 school year. The state board report to the 2001 legislature shall include estimates of the cost to the state of implementing the program.
History: L. 2000, ch. 138, § 9; July 1.
The Kansas board of education shall appoint a task force to study the feasibility of requiring all Kansas school districts to adopt district policies mandating all schools conduct a check of the internet site maintained by the Kansas bureau of investigation concerning registered offenders prior to permitting any unescorted, noninstructional personnel, including but not limited to, any vendor or entity under contract with the school board, to be on school grounds while students are present. The task force's study shall be completed and the task force shall submit a report containing its findings and recommendations to the Kansas board of education, the speaker of the house of representatives and the president of the senate on or before January 1, 2007.
History: L. 2006, ch. 212, § 6; July 1.
(a) The state board of education shall conduct a study of, or contract for the study of, the implementation of requiring each district to maintain an individual career plan of study for each pupil enrolled in the district in grades eight through 12. On or before January 15, 2014, the state board of education shall prepare and submit a report to the legislature on the findings of such study and whether the state board of education intends to initiate implementing such requirements.
(b) For purposes of this section, the term "individual career plan of study" means a proposed individualized coherent sequence of classes focused on a career pathway that will enable seamless transition into a postsecondary program.
(c) The provisions of this section shall take effect and be in force from and after July 1, 2013.
History: L. 2012, ch. 159, § 1; July 1.
On or before January 15, 2014, the state board of education shall prepare a report to the legislature proposing a strategy and proposed plan for providing state aid to career technical education programs or courses in school districts. In preparing such report, the state board of education shall consider the funding scheme under the postsecondary tiered technical education state aid act. The report shall include, but not be limited to, recommendations for legislative changes and estimates of the cost to the state of implementing such changes.
History: L. 2012, ch. 159, § 5; July 1.
History: L. 2017, ch. 95, § 49; Expired, July 1, 2018.
(a) The provisions of this section shall be known and may be cited as the students' right to know act.
(b) On or before October 15, 2022, and each year thereafter, the state department of education shall ensure the distribution, including by electronic communication, to each student or each student's parents the degree prospectus information published by the state board of regents in accordance with K.S.A. 74-32,303, and amendments thereto, the Kansas training information program report published in accordance with K.S.A. 74-32,418, and amendments thereto, any other information relevant to students' understanding of potential earnings as determined by the department of labor and the potential earnings published by each branch of the armed services of the United States military.
(c) To the extent permitted by law, the department shall enter into memorandums of understanding and any other necessary agreements with the state board of regents, the department of labor and any other state agencies or other entities as required to implement the provisions of this section.
(d) As used in this section, the term "student" means any person enrolled in any of the grades seven through 12 in a school district.
History: L. 2021, ch. 53, § 1; January 1, 2022.
History: L. 1876, ch. 122, art. 3, § 1; R.S. 1923, 72-301; L. 1943, ch. 248, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: R.S. 1923, 72-302; L. 1943, ch. 248, § 2; L. 1951, ch. 396, § 2; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1943, ch. 248, § 3; Repealed, L. 1969, ch. 213, § 6; May 10.
History: L. 1876, ch. 122, art. 3, § 3; L. 1879, ch. 158, § 1; L. 1915, ch. 303, § 1; R.S. 1923, 72-303; Repealed, L. 1951, ch. 396, § 20; April 1.
History: L. 1915, ch. 303, § 2; R.S. 1923, 72-304; Repealed, L. 1951, ch. 396, § 20; April 1.
History: L. 1915, ch. 303, § 3; R.S. 1923, 72-305; L. 1925, ch. 221, § 1; Repealed, L. 1951, ch. 396, § 20; April 1.
History: L. 1889, ch. 226, § 1; R.S. 1923, 72-306; L. 1925, ch. 221, § 2; Repealed, L. 1969, ch. 334, § 9; April 28; L. 1969, ch. 312, § 6; May 10.
History: L. 1876, ch. 122, art. 3, § 4; L. 1909, ch. 207, § 1; R.S. 1923, 72-307; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1913, ch. 282, § 1; R.S. 1923, 72-308; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1876, ch. 122, art. 3, § 5; R.S. 1923, 72-309; Repealed, L. 1951, ch. 396, § 20; April 1.
History: L. 1876, ch. 133, art. 7, § 1; L. 1915, ch. 301, § 1; R.S. 1923, 72-310; Repealed L. 1943, ch. 248, § 42; June 30.
History: L. 1876, ch. 122, art. 7, § 2; R.S. 1923, 72-311; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1876, ch. 122, art. 7, § 4; L. 1913, ch. 280, § 1; R.S. 1923, 72-312; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1876, ch. 122, art. 7, §§ 6 to 8; R.S. 1923, 72-313 to 72-315; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1876, ch. 122, art. 7, § 9; L. 1907, ch. 331, § 1; R.S. 1923, 72-316; Repealed, L. 1943, ch. 248, § 42; June 30.
Revisor's Note: Later act, see 72-507.
History: L. 1927, ch. 278, 1; § L. 1943, ch. 248, § 4; L. 1949, ch. 353, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1943, ch. 264, § 1; L. 1947, ch. 357, § 3; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1943, ch. 264, § 2; L. 1945, ch. 283, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1943, ch. 259, § 1; L. 1945, ch. 284, § 1; L. 1955, ch. 310, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1943, ch. 259, § 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1943, ch. 261, §§ 1 to 3; Repealed, L. 1947, ch. 363, § 1; June 30.
History: L. 1947, ch. 472, §§ 1, 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1947, ch. 357, § 1; L. 1949, ch. 354, § 1; L. 1951, ch. 397, § 1; L. 1953, ch. 314, § 1; L. 1955, ch. 311, § 1; L. 1957, ch. 376, § 1; L. 1959, ch. 272, § 1; L. 1961, ch. 312, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1947, ch. 357, § 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1951, ch. 397, § 2; L. 1953, ch. 314, § 2; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1955, ch. 430, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1955, ch. 430, § 2; L. 1957, ch. 377, § 1; L. 1959, ch. 273, § 1; L. 1961, ch. 313, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1955, ch. 429, § 1; L. 1961, ch. 314, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1955, ch. 429, § 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1955, ch. 414, § 1; L. 1957, ch. 378, § 1; L. 1959, ch. 274, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1955, ch. 414, § 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1959, ch. 300, §§ 1, 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1959, ch. 299, § 1; L. 1961, ch. 315, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1959, ch. 299, § 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1959, ch. 301, §§ 1, 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1959, ch. 298, §§ 1, 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1959, ch. 302, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1959, ch. 302, § 2; L. 1961, ch. 316, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1961, ch. 367, § 1; L. 1963, ch. 343, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1961, ch. 367, § 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1961, ch. 369, §§ 1, 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1961, ch. 372, §§ 1, 2; L. 1963, ch. 344, §§ 1, 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1961, ch. 368, §§ 1, 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1963, ch. 347, §§ 1, 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1963, ch. 348, §§ 1, 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1963, ch. 351, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1963, ch. 349, §§ 1, 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1963, ch. 350, §§ 1, 2; Repealed, L. 1965, ch. 402, § 20, May 1.
History: L. 1963, ch. 346, § 1, 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1963, ch. 345, §§ 1, 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1965, ch. 537, §§ 1, 2; Repealed, L. 1967, ch. 365, § 1; July 1.
History: L. 1965, ch. 541, § 1; Repealed, L. 1967, ch. 365, § 1; July 1.
History: L. 1965, ch. 424, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
(a) The state board shall appoint a commissioner of education as is provided by section 4 of article 6 of the constitution. The commissioner shall serve at the pleasure of the state board and perform such duties as are prescribed by law or by the state board.
(b) The state board may appoint a person to be the acting commissioner of education in any interim in which the office of commissioner of education is vacant, and such appointment may be made conditional upon any future vacancy occurring. Any appointment made under this subsection (b) shall be subject to review and change by the state board at its first meeting after any such vacancy occurs.
History: L. 1968, ch. 269, § 15; L. 1975, ch. 381, § 2; L. 1977, ch. 255, § 1; July 1.
The commissioner of education and the assistant commissioners of education shall be in the unclassified service and shall receive such salary and other compensation as is provided by the state board within appropriations therefor authorized by the legislature.
History: L. 1968, ch. 269, § 16; L. 1975, ch. 381, § 3; L. 1977, ch. 255, § 2; July 1.
Assistant commissioners of education shall be appointed by the state board and shall perform such functions and duties as are prescribed by the state board or by the commissioner. Any of said assistant commissioners of education may be designated from time to time to act for and exercise the powers, duties and functions of the commissioner of education, in the absence or inability of the commissioner to act, to the extent authority to do so is delegated by the state board or by the commissioner.
History: L. 1968, ch. 269, § 17; L. 1975, ch. 381, § 4; L. 1977, ch. 255, § 3; July 1.
History: L. 1911, ch. 283, § 1; R.S. 1923, 72-401; L. 1927, ch. 260, § 1; L. 1933, ch. 251, § 1; L. 1937, ch. 291, § 1; L. 1943, ch. 248, § 5; L. 1951, ch. 395, § 18; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1876, ch. 122, art. 3, § 7; R.S. 1923, 72-402; L. 1943, ch. 248, § 6; L. 1951, ch. 396, § 3; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1876, ch. 122, art. 3, § 8; R.S. 1923, 72-403; L. 1943, ch. 248, § 7; L. 1951, ch. 396, § 4; L. 1961, ch. 317, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1876, ch. 122, art. 3, § 9; L. 1889, ch. 223, § 1; R.S. 1923, 72-404; L. 1943, ch. 248, § 8; L. 1945, ch. 285, § 1; L. 1955, ch. 322, § 3; L. 1957, ch. 379, § 3; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1876, ch. 122, art. 3, § 10; R.S. 1923, 72-405; L. 1943, ch. 248, § 9; Repealed, L. 1969, ch. 312, § 6; May 10.
History: R.S. 1923, 72-406; L. 1943, ch. 248, § 10; L. 1947, ch. 358, § 1; L. 1953, ch. 315, § 1; L. 1959, ch. 275, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 395, § 19; L. 1953, ch. 315, § 2; Repealed, L. 1969, ch. 312, § 6; May 10.
History: R.S. 1923, 72-407; Repealed, L. 1943, ch. 248, § 42; June 30.
(a) There is hereby established the state department of education with appropriate divisions which shall be under the administrative supervision of the commissioner as directed by law and by the state board.
(b) The provisions of the Kansas governmental operations accountability law apply to the state department of education, and the department is subject to audit, review and evaluation under such law.
History: L. 1968, ch. 269, § 18; L. 1992, ch. 116, § 31; July 1.
(a) Employees of the state department of public instruction provided for by K.S.A. 72-107, which department is hereby abolished, shall retain rights and status to the extent provided in subsection (c) of this section. This provision shall apply to all persons appointed under K.S.A. 72-114.
(b) Employees of the state board of education established by K.S.A. 72-124 and the state board for vocational education established by K.S.A. 72-4302 shall retain rights and status to the extent provided in subsection (c) of this section. This provision shall apply to all such persons appointed by either such board or by the director of vocational education.
(c) The employees specified in subsections (a) and (b) of this section except employees in the division of vocational rehabilitation who are in the classified service under the Kansas civil service act on the effective date of this act shall be employed in the same or comparable positions in the state department of education established by this act, and shall retain rights and status acquired under said civil service act, subject, however, to the appointment by the state board of assistant commissioners as provided in K.S.A. 72-373 and other special officers appointed under K.S.A. 72-254 or under other provisions of law.
(d) The employees specified in subsection (b) of this section who are in the division of vocational rehabilitation shall be transferred to the state department of social welfare as provided by law.
History: L. 1968, ch. 269, § 19; April 30.
Nothing contained in this act shall be construed to alter or change the retirement plan or retirement status of the employees who under the provisions of this act are placed under the control of the state board of education provided for in K.S.A. 72-245.
History: L. 1968, ch. 269, § 29; April 30.
History: L. 1874, ch. 122, § 1; L. 1903, ch. 428, § 1; R.S. 1923, 72-501; L. 1943, ch. 248, § 12; L. 1961, ch. 317, § 2; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1903, ch. 428, § 2; R.S. 1923, 72-502; Repealed, L. 1943, ch. 248, § 42; June 30.
History: R.S. 1923, 72-503; L. 1933, ch. 101, § 1 (Special Session); L. 1943, ch. 248, § 13; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 4, § 32; R.S. 1923, 72-504; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1939, ch. 268, §§ 1, 2; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1951, ch. 395, § 17; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1957, ch. 419, §§ 1 to 3; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1957, ch. 407, §§ 1, 2; Repealed, L. 1968, ch. 131, § 2; July 1.
History: L. 1957, ch. 418, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
The name and style of every unified school district established under this act shall be "unified school district No. ____, __________ county, state of Kansas," and all laws applicable uniformly to unified school districts established under the school unification acts shall apply to unified school districts established under this act: Provided, however, The provisions of K.S.A. 72-6756 shall not apply to such districts established under this act.
History: L. 1967, ch. 403, § 3; May 2.
No annexation by any city governing body shall effect any change in the boundaries of any unified district or other school district.
History: L. 1965, ch. 420, § 21; February 23.
The orders of the state superintendent of public instruction heretofore issued entitled
"order organizing unified school districts and disorganizing nonunified school districts"
are hereby declared to be operative and effective as of January 1, 1965, to the extent and at the times specified in such orders, except as otherwise specifically provided in this act and the act of which this act is amendatory. The above orders of the state superintendent hereby validated are made in substantially the following form and the same are filed in the office of the state superintendent of public instruction.
Form U 118
STATE OF KANSAS
DEPARTMENT OF PUBLIC INSTRUCTION
Adel F. Throckmorton, Superintendent
Topeka, Kansas
________ County Planning Unit
ORDER ORGANIZING UNIFIED SCHOOL DISTRICTS AND DISORGANIZING NONUNIFIED SCHOOL DISTRICTS
In accordance with authority vested in the State Superintendent of Public Instruction by the Constitution and Laws of the State of Kansas, and particularly Chapter 393 of the Session Laws of Kansas, 1963, the within order is entered and made this ____ day of _________, __, by me, Adel F. Throckmorton, duly elected and acting State Superintendent of Public Instruction of the State of Kansas.
Preliminary to issuing the within order the following findings are hereby made and declared:
The planning board of the above county was duly organized by law on ______________; and said planning board has been duly constituted at all times since said date of organization.
The planning board of the above named county has duly performed all of the duties and requirements prescribed by said Chapter 393 of the Laws of Kansas, 1963, and was duly authorized by me to conduct an election for approval of unified districts in said planning unit on ______________, having received my unconditional approval of recommendations.
On ______________, the above planning board conducted an election for the approval of unified districts in said planning unit and all of the requirements of law for conduct of such election including the form of notice, ballots used, procedures of election, selection of voting places, and all other matters of whatsoever kind performed in conducting said election were conducted and performed in accordance with the law.
I have received the duly completed and executed Certificate of Election Results (Form U 116) of the planning board above named dated ____________, and such certificate shows, and I hereby find, that the proposed unified districts of __________ County planning unit are deemed approved, and the same are hereby found to be approved by the electors of __________ County planning unit, all as provided by law.
The recommendations approved by me for said planning unit proposed two (2) unified districts which were referred to in such recommendations as "The ____________" and "The ____________." Said _________ shall hereafter be designated by the name and style of _________, _________ County, State of Kansas." Said __________ shall hereafter be designated by the name and style of _________, _________ County, State of Kansas."
The main school building of the following nonunified school districts is in the __________ County planning unit:
| Type of district | Number of district (Districts listed) | County of district | | --- | --- | --- |
Now, therefore,
I, Adel F. Throckmorton, State Superintendent of Public Instruction, do hereby order that the above named and described unified districts are hereby organized and their home county is designated to be __________ County; the effective date of the organization of such unified districts is __________, for the limited purposes specified in Chapter 393 of the Session Laws of Kansas, 1963, and the effective date of organization of such unified districts for all purposes is ______________; the territorial extent and boundaries of each of said unified districts is described in the attached exhibit which has been marked "Exhibit A" and which is hereby made a part of this order as though fully set out herein: Provided, That it is the intention of this order that the unified districts heretofore established under authority of Chapter 393 of the Laws of Kansas, 1963, shall (not) be overlapped by the districts organized by this order, and if any such overlapping does inadvertently occur by reason of the description herein provided, then the boundaries of the unified districts established by orders heretofore made shall be construed to be controlling; the above named nonunified school districts are hereby disorganized effective __________.
This order is signed and executed this ____ day of _________, __, and shall take effect and be in force at the times and to the extent provided by law in Chapter 393 of the Session Laws of Kansas, 1963.
/s/ Adel F. Throckmorton
State Superintendent of
Public Instruction of the
[seal]State of Kansas
(Exhibits attached.)
The unified districts validated by this section are designated by the name and style of "Unified District No. ______________, __________ County, State of Kansas"; and the numbers and counties of such unified districts are as follows: No. 208 of Trego county; Nos. 209 and 210 of Stevens county; Nos. 211, 212, 213 of Norton county; No. 214 of Grant county; Nos. 215 and 216 of Kearny county; Nos. 217 and 218 of Morton county; Nos. 219 and 220 of Clark county; Nos. 221, 222, 223 and 224 of Washington county; Nos. 225 and 226 of Meade county; Nos. 227 and 228 of Hodgeman county; Nos. 229, 230, 231, 232 and 233 of Johnson county; Nos. 234 and 235 of Bourbon county; Nos. 236, 237 and 238 of Smith county; Nos. 239 and 240 of Ottawa county; Nos. 241 and 242 of Wallace county; Nos. 243, 244 and 245 of Coffey county; Nos. 246, 247, 248, 249 and 250 of Crawford county; Nos. 251, 252 and 253 of Lyon county; Nos. 254 and 255 of Barber county; Nos. 256, 257 and 258 of Allen county; Nos. 259, 260, 261, 262, 263, 264, 265, 266, 267 and 268 of Sedgwick county; Nos. 269, 270 and 271 of Rooks county; Nos. 272 and 273 of Mitchell county; Nos. 274 and 275 of Logan county; Nos. 276, 277, 278 and 279 of Jewell county; Nos. 280 and 281 of Graham county; Nos. 282 and 283 of Elk county; Nos. 284 of Chase county; Nos. 285 and 286 of Chautauqua county; Nos. 287, 288, 289 and 290 of Franklin county; Nos. 291, 292 and 293 of Gove county; Nos. 294 and 295 of Decatur county; Nos. 296 and 297 of Cheyenne county; Nos. 298 and 299 of Lincoln county; No. 300 of Comanche county; Nos. 301, 302, 303 and 304 of Ness county; Nos. 305, 306 and 307 of Saline county; Nos. 308, 309, 310, 311, 312 and 313 of Reno county; Nos. 314, 315 and 316 of Thomas county; Nos. 317, 318 and 319 of Rawlins county; Nos. 320, 321, 322 and 323 of Pottawatomie county; Nos. 324, 325 and 326 of Phillips county; Nos. 327 and 328 of Ellsworth county; Nos. 329 and 330 of Wabaunsee county; Nos. 331 and 332 of Kingman county; Nos. 333 and 334 of Cloud county; Nos. 335, 336 and 337 of Jackson county; Nos. 338, 339, 340, 341, 342, and 343 of Jefferson county; and Nos. 349, 350 and 351 of Stafford county.
History: L. 1965, ch. 420, § 1; February 23.
The orders of the state superintendent of public instruction heretofore issued headed
"order organizing unified school districts and disorganizing nonunified school districts"
are hereby declared to be operative and effective as of January 1, 1965, to the extent and at the times specified in such orders, except as otherwise specifically provided in this act and the act of which this act is amendatory. The above orders of the state superintendent hereby validated are made in substantially the following form and the same are filed in the office of the state superintendent of public instruction.
Form U 120
STATE OF KANSAS
DEPARTMENT OF PUBLIC INSTRUCTION
Adel F. Throckmorton, Superintendent
Topeka, Kansas
ORDER ORGANIZING UNIFIED SCHOOL DISTRICTS AND DISORGANIZING NONUNIFIED SCHOOL DISTRICTS
In accordance with authority vested in the State Superintendent of Public Instruction by the Constitution and Laws of the State of Kansas, and particularly Chapter 393 of the Session Laws of Kansas, 1963, the within order is entered and made this ____ day of ______________, by me, Adel F. Throckmorton, duly elected and acting State Superintendent of Public Instruction of the State of Kansas.
Preliminary to issuing the within order the following findings are hereby made and declared:
(See attached Exhibit A.)
Said ______________ duly adopted a resolution authorizing the execution of such petition, and the same was duly executed and presented to the state superintendent of public instruction on ______________.
The territory described in such petition includes at least 80 percent of the territory and population of the petitioning district, and includes territory outside of such petitioning district within the limits prescribed by clause (b) of said Section 13.
The method of election of members of the board of the unified district is stated in such petition (together with recommendations for member district boundaries). The same conforms to the provisions of said Chapter 393 of the Session Laws of Kansas, 1963.
The proposed unified district meets the requirements of Section 11 (a), (c), (g) and (h) of said Chapter 393.
The state superintendent of public instruction has considered such petition and is of the opinion that establishment of such unified district is consistent with the purpose named in said Chapter 393.
Therefore,
and in consideration of the above, I, Adel F. Throckmorton, State Superintendent of Public Instruction, do hereby order that the above named and described unified district is hereby organized and its home county is designated to be ______________ County; and shall hereafter be designated by the name and style of Unified School District No. ______, ______________ County, State of Kansas. The effective date of the organization of such unified district is January 1, 1965, for the limited purposes specified in Chapter 393 of the Session Laws of Kansas, 1963, and the effective date of organization of such unified district for all purposes is July 1, 1966; the territorial extent and boundaries of the unified district hereby established is described in paragraph 1 above: Provided, That it is the intention of this order that the unified districts heretofore established under authority of Chapter 393 of the Laws of Kansas, 1963, shall not be overlapped by the districts organized by the order, and if any such overlapping does inadvertently occur by reason of the description herein provided, then the boundaries of the unified districts established by orders heretofore made shall be construed to be controlling.
Part B
Whereas,
the above order is made and entered, the following further order is also made and entered as a part thereof, to wit:
| Type of district | Number of district | County | | --- | --- | --- |
| Type of district | Number of district | County | | --- | --- | --- |
| Type of district | Number of district | County | | --- | --- | --- |
This order is signed and executed this ____ day of _________, __, and shall take effect and be in force at the times and to the extent provided by law in Chapter 393 of the Session Laws of Kansas, 1963.
/s/ Adel F. Throckmorton
State Superintendent of
Public Instruction of the
[seal]State of Kansas
(Exhibits attached.)
The unified districts validated by this section are designated by the name and style of "Unified District No. ____, ____________ County, State of Kansas"; and the numbers and counties of such unified districts are as follows: Nos. 344 and 346 of Linn county; No. 345 of Shawnee county; No. 347 of Edwards county; No. 348 of Douglas county; No. 352 of Sherman county; Nos. 353, 356, 357, 358, 359 and 360 of Sumner county; Nos. 354 and 355 of Barton county; No. 361 of Harper county; No. 362 of Linn county; No. 363 of Finney county; No. 364 of Marshall county; No. 365 of Anderson county; No. 366 of Woodson county; Nos. 367 and 368 of Miami county; No. 369 of Harvey county; Nos. 370 and 371 of Gray county; No. 372 of Shawnee county; No. 373 of Harvey county; No. 374 of Haskell county; No. 375 of Butler county; No. 376 of Rice county; No. 378 of Riley county; No. 379 of Clay county; No. 380 of Marshall county; No. 381 of Ford county; No. 382 of Pratt county; Nos. 383 and 384 of Riley county; No. 385 of Butler county; No. 386 of Greenwood county; No. 387 of Wilson county; No. 388 of Ellis county; and Nos. 389 and 390 of Greenwood county; Nos. 391 and 392 of Osborne county; No. 393 of Dickinson county; Nos. 394 and 396 of Butler county; No. 395 of Rush county; Nos. 397 and 398 of Marion county; No. 399 of Russell county; No. 400 of McPherson county; No. 401 of Rice county; No. 402 of Butler county; No. 403 of Rush county; No. 404 of Cherokee county; No. 405 of Rice county; No. 406 of Doniphan county; Nos. 408 and 410 of Marion county; Nos. 377 and 409 of Atchison county; No. 411 of Marion county; No. 412 of Sheridan county; Nos. 413 and 414 of Neosho county; No. 415 of Brown county; No. 416 of Miami county; No. 417 of Morris county; Nos. 418 and 419 of McPherson county; Nos. 420 and 421 of Osage county; Nos. 422 and 424 of Kiowa county; No. 423 of McPherson county; No. 425 of Doniphan county; Nos. 426 and 427 of Republic county; No. 429 of Doniphan county; No. 430 of Brown county; No. 431 of Barton county; No. 432 of Ellis county; No. 433 of Doniphan county; and No. 434 of Osage county; No. 435 of Dickinson county; No. 436 of Montgomery county; No. 437 of Shawnee county; No. 438 of Pratt county; No. 439 of Harvey county; No. 440 of Harvey county; No. 407 of Russell county; No. 428 of Barton county; Nos. 441 and 442 of Nemaha county; No. 443 of Ford county; No. 444 of Rice county; Nos. 445, 446 and 447 of Montgomery county; No. 448 of McPherson county; and No. 449 of Leavenworth county.
History: L. 1965, ch. 420, § 2; February 23.
The orders of the state superintendent of public instruction issued after unified district No. 449 of Leavenworth county and before February 23, 1965, headed "ORDER ORGANIZING UNIFIED SCHOOL DISTRICTS AND DISORGANIZING NONUNIFIED SCHOOL DISTRICTS" are hereby declared to be operative and effective to the extent and at the time specified in such orders except as may be otherwise specifically provided in any of the school unification acts. The above orders of the state superintendent hereby validated are made in substantially the form set out in section 2 of the second unification act, and the same are filed in the office of the state superintendent of public instruction. The unified districts validated by this section are designated by the name and style of "Unified School District No. ____, __________ County, State of Kansas"; and the numbers and counties of such unified districts are as follows: No. 450 of Shawnee county; No. 451 of Nemaha county; No. 452 of Stanton county; No. 453 of Leavenworth county; Nos. 454 and 456 of Osage county; No. 455 of Republic county; and No. 457 of Finney county.
History: L. 1965, ch. 410, § 10; May 17.
The orders of the state superintendent of public instruction issued after unified district No. 457 of Finney county and before the effective date of this act headed "order organizing unified school districts and disorganizing nonunified school districts" are hereby declared to be operative and effective to the extent and at the times specified in such orders except as may be otherwise specifically provided in any of the unification acts. The orders of the state superintendent hereby validated are made in substantially the following form and the same are filed in the office of the state superintendent of public instruction:
Form 120B
STATE OF KANSAS
DEPARTMENT OF PUBLIC INSTRUCTION
Adel F. Throckmorton, Superintendent
Topeka, Kansas
ORDER ORGANIZING A UNIFIED SCHOOL DISTRICT AND DISORGANIZING NONUNIFIED SCHOOL DISTRICTS
In accordance with authority vested in the State Superintendent of Public Instruction by the Constitution and Laws of the State of Kansas, and particularly Chapter 393 of the Session Laws of Kansas, 1963, as amended and supplemented by House bill No. 539 of the 1965 Session of the Legislature, the within order is entered and made this ____ day of _________, 1965, by me, Adel F. Throckmorton, duly elected and acting State Superintendent of Public Instruction of the State of Kansas.
Part A
Preliminary to issuing the within order the following findings are hereby made and declared:
On ____________, the ______________ filed a petition, later amended on ____________, with the State Superintendent of Public Instruction under authority of Section 4 or 5 of House bill No. 539 of the 1965 Legislature for the establishment of a unified school district comprised of territory described in such petition as follows:
Said ______________ duly adopted a resolution authorizing the execution of such petition, and the same was duly executed and presented to the State Superintendent of Public Instruction on __________, 19.
The method of election of members of the board of the unified district petitioned for is stated in such petition (together with recommendations for member district boundaries). The same conforms to the provisions of law thereto relating.
The proposed unified district meets the requirements of Section 5 of said House bill No. 539.
The State Superintendent of Public Instruction has considered such petition and is of the opinion that establishment of such unified school district is consistent with the purposes named in said Chapter 393 and House bill No. 539.
Therefore,
and in consideration of the above, I, Adel F. Throckmorton, State Superintendent of Public Instruction, State of Kansas, do hereby order that the above-named and described unified district is hereby organized, and its home county is designated to be __________ County; the above described unified district shall hereafter be designated by the name and style of Unified School District No. ____, __________ County; State of Kansas; the
(Name election officer)
shall conduct an election for __________ board members of the unified district on ____________, 1965, and the board members elected shall take office on July 1, 1965 [as interim board members until July 1, 1966 (omit for city districts)], at which time such unified district shall become effective and operative for all purposes and the board members so elected shall serve as the board of education of the unified district as is provided by law; the territorial extent and boundaries of the unified district hereby established is described in paragraph 1 above; the below named nonunified school districts are hereby disorganized effective ______________.
Part B
Whereas, the above order is made and entered, the following further order is also made and entered as a part thereof, to wit:
| Type of district | Number of district | County | | --- | --- | --- |
| Type of district | Number of district | County | | --- | --- | --- |
| Type of district | Number of district | County | | --- | --- | --- |
This order is signed and executed this ____ day of _______, 19, and shall take effect and be in force at the times and to the extent provided by law in Chapter 393 of the Session Laws of Kansas, 1963, as amended by House bill No. 539 of the 1965 Session of the Legislature.
/s/ Adel F. Throckmorton
State Superintendent of
Public Instruction of the
[seal]State of Kansas
The unified districts validated by this section are designated by the name and style of "Unified School District No. ____, __________ County, State of Kansas"; and the numbers and counties of such unified districts are as follows: No. 458 of Leavenworth county; No. 459 of Ford county; No. 460 of Harvey county; No. 461 of Wilson county; Nos. 462 and 463 of Cowley county; No. 464 of Leavenworth county; No. 465 of Cowley county; No. 466 of Scott county; No. 467 of Wichita county; No. 468 of Lane county; No. 469 of Leavenworth county; Nos. 470 and 471 of Cowley county; No. 472 of Neosho county; No. 473 of Dickinson county; No. 474 of Kiowa county; No. 475 of Geary county; and Nos. 201, 202, 203 and 204 of Wyandotte county; Nos. 476 and 477 of Gray county; No. 478 of Hamilton county; No. 479 of Anderson county; No. 480 of Seward county; No. 481 of Dickinson county; No. 482 of Lane county; No. 483 of Seward county; and No. 484 of Wilson county.
History: L. 1965, ch. 410, § 11; May 17.
As used in this act, unless the context otherwise requires:
(a) "District" means any school district except a community junior college;
(b) "Board" and "board of education," mean the board of education or other governing body of a district;
(c) "Receiving district," means a school district receiving territory by transfer thereof from another school district;
(d) "Giving district," means a school district from which school territory is transferred to another school district;
(e) "State board," means the state board of education created by article 6 of the constitution of Kansas.
History: L. 1967, ch. 368, § 1; July 1.
Whenever any territory of a school district is transferred to another school district, the property rights and claims between such school districts shall be adjusted as provided in this act.
History: L. 1967, ch. 368, § 2; July 1.
All transfers of school territory shall be effective on the June 1 following the date of such transfer, except as otherwise provided by this act. (a) The territory transferred and the taxable tangible property therein shall be subject to taxes levied, except for bonds and other indebtedness incurred theretofore, by the receiving district as of the last day of December of the year preceding such first day of June, and (b) for election purposes the transfer of school territory shall be effective on the date specified in the transfer order of the state board of education.
History: L. 1967, ch. 368, § 3; L. 1968, ch. 126, § 1; March 23.
(a) When a transfer of school territory is effective for election purposes as provided in K.S.A. 72-523, electors residing in the territory transferred shall be entitled to vote, if otherwise qualified, in elections of the receiving district and may not vote in elections of the giving district.
(b) For the purpose of determining tax liability for bonds issued or other indebtedness incurred under the provisions of K.S.A. 10-119, the effective date of the transfer of school territory for bonds issued or other indebtedness incurred shall be the same as the effective date for election purposes as provided in subsection (a) of this section. Residents of the territory transferred shall be liable for bonds issued and other indebtedness incurred by the receiving district on such date or thereafter. Residents of the territory transferred shall not be liable for bonds issued and other indebtedness incurred by the giving district on or after such date.
History: L. 1968, ch. 126, § 2; March 23.
When a transfer of school territory is effective for election purposes as provided in K.S.A. 72-523, any elector residing in the territory transferred shall be entitled to be a candidate for and hold office in the receiving district but shall be disqualified to be a candidate or hold office in the giving district.
History: L. 1968, ch. 126, § 3; March 23.
On the effective date of any transfer of school territory, the right to possession of and the title to all school buildings, furnishings, and school tangible personal property located in the territory transferred shall vest in the receiving district, and the receiving district shall assume payment of the unpaid bonded indebtedness incurred prior to the transfer in acquiring the school property and in acquiring, constructing and furnishing the school buildings located within its new territorial limits, except the giving district shall remain solely liable for and shall make the principal and interest payments on such bonds which are due or may become due on or before the December 1 following the effective date of this transfer. It shall be the duty of the board of education of the receiving district to make the levy for the annual payment of principal and interest on all such bonds maturing after December 1 following the effective date of transfer, but the original territory on which such bonded indebtedness was imposed as a primary liability shall retain liability for payment of such bonds in the event of the failure of the receiving district to make such levy. The giving district or its successor may recover a judgment against the receiving district for any payments so made. The unpaid bonded indebtedness assumed under this section shall not be counted in arriving at any limitation on bonded indebtedness of either the giving or the receiving district.
History: L. 1967, ch. 368, § 4; July 1.
The boards of education of the receiving district and of the giving district may enter into a written agreement, which shall include the provisions of K.S.A. 72-526 and 72-528, and may further provide for an adjustment of the claims of the respective school districts. Such agreement may also provide for the disposition to be made of movable personal property and may determine the amount due from one district to the other. No such agreement shall be valid or effective until a copy thereof has been filed with the state board and approved in writing by it.
History: L. 1967, ch. 368, § 5; L. 1972, ch. 273, § 1; July 1.
Whenever any transfer order issued under the authority of K.S.A. 72-532 shall provide for the transfer of territory in excess of one square mile, or any territory which includes a building that is an attendance center, the state board of education shall include in any such order, a provision establishing an amount which the giving district shall pay to the receiving district to defray the cost of education applicable to the pupils in such transferred territory during the first six months of the school year next following the date on which transfer order is made. The state board of education shall determine the amount of tax revenue which is on hand or in process of collection, and the amount of any other revenue which has been, or will be available to the giving district for the purpose specified in this section and make its order according thereto. Within ninety (90) days after the date upon which the transfer is effective the payment provided to be made under this section shall be made. Any order made pursuant to the provisions of this section shall be subject to the appeal provisions of K.S.A. 72-529. Words and terms defined in K.S.A. 72-521 shall have the meaning when used in this act as is ascribed thereto in said K.S.A. 72-521.
History: L. 1972, ch. 273, § 2; July 1.
In the event of a failure or inability of the boards to make an agreement as provided in K.S.A. 72-527, or if the state board shall disapprove any such agreement, the board of either district or the boards of both districts, either jointly or separately, may file a petition at any time after one year from the effective date of transfer of territory, but in no event sooner than March 1, 1968, in the district court of the county in which the transferred territory, or any part of it, is located, praying for the adjustment of property rights and claims between the school districts.
The court shall appoint and instruct three (3) competent commissioners who shall: (1) Appraise and determine the fair value, as of the effective date of the transfer of all real and tangible personal property, of the giving district taking into account cost of reproduction less depreciation, original cost less depreciation, obsolescence, market value, and any other factors affecting fair value;
(2) determine the amount of all debts, including unpaid bonded indebtedness, of the giving district as of the effective date of this transfer;
(3) determine the net value of all assets of the giving district by deducting the total of all items under (2) from the total of all items under (1) above;
(4) determine what school property, buildings and furnishings, if any, are located in the territory being transferred;
(5) determine the amount due from one district to the other on the basis of the ratio of the assessed valuations on the January 1 preceding the effective date of the transfer of the tangible taxable property in the territory transferred and in the territory of the giving district which is not transferred, taking into account property retained by the giving district and that acquired by the receiving district is the bonded indebtedness assumed by either district.
The commissioners shall file a written report of their determination of each of the above items in the office of the clerk of the district court. The court shall examine the report and approve it, or after notice to all interested parties, and hearing, may correct or amend the report and approve it as amended, or the court may reject the report and appoint new commissioners to make a new report. Upon the approval by the court of the report of the commissioners or the report of the commissioners as corrected by the court, the court shall enter judgment for the amount found to be due from one board to the other and either party may have the right to appeal from the judgment of the said court to the supreme court in the same manner as in other cases provided by the code of civil procedure. The court in its discretion may make reasonable allowances to the commissioners for the services and tax them to either board or may divide such charges between them. Such charges shall be paid out of the general fund of the district to which they are taxed. Such judgment shall be enforced in the manner provided in the following section.
History: L. 1967, ch. 368, § 6; July 1.
(a) The state board, in accordance with this section, shall implement procedures to allow districts to discuss any proposal for the transfer of territory pursuant to K.S.A. 72-521 et seq., and amendments thereto, through a mediation process.
(b) The procedures implemented by the state board shall ensure that any mediation is conducted by a qualified and impartial mediator who is trained in effective mediation techniques. The state board shall maintain a list of individuals who are qualified mediators.
(c) Any district proposing a transfer of territory first shall seek an agreement to transfer the territory. If an agreement is not obtained, the proposal for the transfer shall be abandoned or the district seeking the transfer shall file a written request with the state board for the appointment of a mediator.
(d) When a request to appoint a mediator is received, the state board shall appoint a mediator and shall notify the school districts of the appointment of the mediator.
(e) Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the districts. Each district involved in a proposed transfer of territory shall be required to participate in at least one mediation session. The district requesting the transfer shall bear the cost of the mediation process.
(f) If mediation fails to result in an agreement between the districts, a petition for transfer of territory may be submitted to the state board pursuant to K.S.A. 72-532, and amendments thereto.
History: L. 2004, ch. 13, § 1; April 8.
If a judgment is entered as provided in K.S.A. 72-7106, the clerk of the district court shall certify to the county clerk the amount due from one district to the other. The county clerk shall annually levy a tax of not to exceed two mills upon the taxable tangible property within the territory in the district from which the amount is due for as many years as may be necessary to pay the amount due 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 amendments thereto, for the financing of redevelopment projects upon property located within the school district, and when said taxes are collected they shall be paid to the treasurer of the district to which it is due. Said tax levies may be in addition to all other tax levies authorized or limited by law and shall not be subject to nor within any tax levy limitation prescribed by law. In lieu of such taxes, the district from which the amount is due may pay the amount due at any time out of its general fund, if said payment has been provided for in its budget.
History: L. 1967, ch. 368, § 7; L. 1979, ch. 52, § 179; July 1.
(a) Transfers of territory from one unified district to another unified district shall be made only as follows:
(1) Upon the written agreement of any two boards approved by the state board of education; or
(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 approval 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 territory 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 following:
(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 construction;
(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 education for a period of two years.
History: L. 1963, ch. 393, § 25; L. 1965, ch. 410, § 6; L. 1967, ch. 400, § 1; L. 1968, ch. 394, § 1; L. 1969, ch. 346, § 1; L. 1970, ch. 290, § 1; L. 1988, ch. 356, § 280; L. 1989, ch. 283, § 14; L. 1999, ch. 165, § 13; L. 2002, ch. 167, § 2; July 1.
Once each year, as of the thirty-first day of December, the state board of education shall prepare and issue orders describing the boundaries of school districts which have been altered by land transfer, disorganization or consolidation in such year. Such orders shall include complete descriptions of the boundaries of the school districts as the same exist on the date of issue of such order. On or about the fifteenth day of January the order so issued shall be certified to the county clerk of every county and to the county appraiser and election commissioner of counties having such officers. The territory of school districts as defined, described and constituted as of the date of issue of any such order and of orders defining and describing the boundaries of school districts which have not been altered, which orders were issued under this section prior to its amendment by this act, shall be the official territory and boundaries of the school districts and the same shall remain as so defined and described until changed by an order of the state board of education issued as provided by law.
History: L. 1965, ch. 420, § 7; L. 1969, ch. 310, § 53; L. 1978, ch. 298, § 1; July 1.
The state board may make and issue amendatory or supplementary orders at any time to correct errors, supply detail, clarify or complete any transfer or organization order heretofore or hereafter made under any of the school unification acts or acts amendatory thereof or K.S.A. 72-532. Such an order may also be made by the state board as to any boundary description declared under K.S.A. 72-533.
History: L. 1965, ch. 420, § 20; L. 1968, ch. 52, § 1; L. 1978, ch. 298, § 2; July 1.
History: L. 1917, ch. 277, § 1; R.S. 1923, 72-601; L. 1933, ch. 252, § 1; L. 1945, ch. 286, § 1; Repealed, L. 1947, ch. 359, § 19; June 30.
History: L. 1901, ch. 305, § 2; L. 1911, ch. 275, § 3; L. 1917, ch. 276, § 1; R.S. 1923, 72-602; Repealed, L. 1947, ch. 359, § 19; June 30.
History: L. 1917, ch. 276, § 2; R.S. 1923, 72-603; Repealed, L. 1947, ch. 359, § 19; June 30.
History: L. 1929, ch. 242, § 1; Repealed, L. 1947, ch. 359, § 19; June 30.
History: L. 1933, ch. 264, § 1; Repealed, L. 1947, ch. 359, § 19; June 30.
History: L. 1937, ch. 292, § 1; Repealed, L. 1947, ch. 359, § 19; June 30.
History: L. 1937, ch. 293, § 1; L. 1949, ch. 355, § 1; Repealed, L. 1968, ch. 162, § 1; L. 1968, ch. 401, § 14; July 1.
History: L. 1939, ch. 266, § 1; Repealed, L. 1957, ch. 380, § 1; June 29.
History: L. 1939, ch. 269, § 1; L. 1943, ch. 249, § 1; L. 1945, ch. 287, § 1; L. 1949, ch. 356, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1941, ch. 332, § 1; Repealed, L. 1947, ch. 359, § 19; June 30.
History: L. 1941, ch. 331, § 1; L. 1953, ch. 316, § 1; Repealed, L. 1968, ch. 162, § 1; L. 1968, ch. 401, § 14; July 1.
History: L. 1941, ch. 331, §§ 2, 3; Repealed, L. 1968, ch. 162, § 1; L. 1968, ch. 401, § 14; July 1.
History: L. 1947, ch. 359, § 1; L. 1949, ch. 347, § 1; Repealed, L. 1968, ch. 401, § 14; July 1.
History: L. 1947, ch. 359, § 2; L. 1953, ch. 317, § 1; Repealed, L. 1968, ch. 401, § 14; July 1.
History: L. 1947, ch. 359, § 3; Repealed, L. 1968, ch. 401, § 14; July 1.
History: L. 1947, ch. 359, § 4; L. 1967, ch. 366, § 1; Repealed, L. 1968, ch. 401, § 14; July 1.
History: L. 1947, ch. 359, § 5; Repealed, L. 1968, ch. 401, § 14; July 1.
History: L. 1947, ch. 359, §§ 6, 7; Repealed, L. 1968, ch. 401, § 14; July 1.
History: L. 1947, ch. 359, § 8; Repealed, L. 1968, ch. 401, § 14; July 1.
History: L. 1947, ch. 359, § 9; Repealed, L. 1968, ch. 401, § 14; July 1.
History: L. 1947, ch. 359, §§ 10, 11; Repealed, L. 1968, ch. 162, § 1; L. 1968, ch. 401, § 14; July 1.
History: L. 1947, ch. 359, § 12; Repealed, L. 1968, ch. 401, § 14; July 1.
History: L. 1947, ch. 359, § 13; Repealed, L. 1968, ch. 162, § 1; L. 1968, ch. 401, § 14; July 1.
History: L. 1947, ch. 359, § 14; Repealed, L. 1968, ch. 401, § 14; July 1.
History: L. 1947, ch. 359, §§ 15, 16; Repealed, L. 1968, ch. 401, § 14; July 1.
History: L. 1947, ch. 359, § 17; L. 1949, ch. 357, § 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1953, ch. 343, § 1; Repealed, L. 1968, ch. 401, § 14; July 1.
History: L. 1953, ch. 348, §§ 1, 2; Repealed, L. 1968, ch. 401, § 14; July 1.
(a) Any unified school district may be disorganized under the following circumstances in the manner provided in this act.
Upon petition of the board of education of any unified school district for the disorganization of such school district and attachment of the territory thereof to one or more other unified school districts, the state board of education shall consider the same and if it finds that there is only one high school in the district and that it cannot meet the 30 unit minimum accreditation requirements, or if it finds that such unified school district fails to meet minimum requirements for establishment of a unified district, and if in addition it finds that the educational system of the state and of the area in which such school district is located will be improved by such disorganization, the state board of education shall issue its order disorganizing the same effective on the July 1 following the date of such petition. Such order thereon shall attach the territory of the unified school district being disorganized to one or more appropriate unified school districts, and said order shall specify the disposition of any property owned by the school district being dissolved and such disposition shall be consonant with the school unification acts. School districts to which the territory of any disorganized district is attached under the provisions of this act shall, for the purpose of taxation, include in their taxable territory, the territory so attached as of the December 31 preceding the July 1 upon which the disorganization is effective. For the purpose of elections and the purposes specified in K.S.A. 10-119, and amendments thereto, such disorganization shall be effective on the date of the order of the state board of education.
(b) Any unified school district which has discontinued any grade, course or unit of instruction under authority of K.S.A. 72-13,101, and amendments thereto, and has entered into an agreement with another unified school district for the provision of such grade, course or unit of instruction has complied with the accreditation requirements of this section.
History: L. 1967, ch. 367, § 1; L. 1969, ch. 347, § 1; L. 1977, ch. 253, § 1; L. 1984, ch. 261, § 13; L. 1984, ch. 262, § 3; July 1.
(a) Except as provided in subsection (d) of this section, whenever a petition signed by a number of electors as is provided in subsection (b) of this section, requesting the disorganization of the unified school district, is filed with the county election officer of the home county of such school district, such officer shall call an election in accordance with law upon the proposition: Provided, however, That no such election shall be held between January 1 and July 1 in any year. If a majority of those voting in such election shall vote in favor of disorganization of the unified school district such county election officer shall so notify the state board of education, and it shall issue its order disorganizing the unified school district. The orders so issued shall comply with the provisions of this act and the disorganization shall be effective for the same purposes and at the same times as is provided in this act for disorganization of other unified school districts.
(b) The number of valid signatures on petitions filed as provided in subsection (a) of this section shall be determined as follows:
(1) The county election officer of any such school district which had the election at large method at the last preceding election of members shall determine the total number of ballots cast and counted in such general school election. In any such school district, a number equal to twenty percent (20%) of the number of ballots cast and counted at such preceding general election determined as provided in this subpart (1), shall be the number of signatures required for a valid petition.
(2) In school districts in which the last preceding election of members was by a member district method, the number of signatures required for a valid petition shall be computed as provided in subpart (1) of this subsection, if one or more members were elected in each of the member districts of the school district, or if voting plan-B was in effect. In school districts in which the last preceding election of members was by a member district method, if members were not elected in all the member districts of the school district and if voting plan-C was in effect at such preceding election, the number of valid signatures required shall be computed as follows: Divide the total number of ballots cast and counted in the general school election by the number of member districts in which members were elected and multiply the result by number of member districts in the school district; then, multiply the amount so determined by twenty hundredths (.20).
(c) The proceeds of any bonds of any school district disorganized under the provisions of this act, which proceeds are not encumbered by contractual obligations of such school district being disorganized, shall be transferred to and deposited in a special fund in the office of the county treasurer of the home county of the school district being disorganized not later than the July 1 that such disorganization is effective for school instruction and attendance purposes. All moneys in any such fund shall be appropriated and used by such county treasurer to pay the principal, interest, and other charges on the bonds from which such funds were produced, and the tax levy provided for under article 10 of Kansas Statutes Annotated for payment of such principal, interest, and other charges shall be reduced accordingly, so long as there remains a balance in such fund. Such county treasurer shall make a levy in accordance with article 10 of Kansas Statutes Annotated on the assessed taxable tangible property in the territory of the school district disorganized under this act, to pay the principal, interest, and other charges on any such bonds to the extent not paid from bond proceeds as provided above. Any such bond proceeds shall be invested by the county treasurer in accordance with K.S.A. 10-131 to the extent not needed for current payment of principal, interest, and other charges on such bonds, and the interest on such investments shall be deposited in such special fund with such bonds proceeds and shall be used for the same purpose.
(d) No petition for disorganization of any school district under this section shall be filed with the county election officer sooner than two years after the date of any election for disorganization of such school district held under this section.
(e) All disorganizations under this section shall be effective for school instruction and attendance purposes on the July 1 following the date of issuance of the order for disorganization. Any school district to which territory is attached under this section shall, for the purpose of taxation, have included in its taxable territory, the territory so attached as of the December 31 preceding the July 1 upon which the disorganization is effective for school instruction and attendance purposes. For the purposes of budgeting and levying of taxes therefor and for the purposes specified in K.S.A. 10-119 the disorganization shall be effective for budgets and tax levies to be certified in the August following the effective date for school instruction and attendance purposes. For the purpose of elections the disorganization shall be effective at the first election of school district officers occurring one hundred twenty (120) days or more after the date of issuance of the order of disorganization, and for bond elections occurring sixty (60) days or more after the date of issuance of the order of disorganization. The provisions of this section shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, and shall be regarded as separate from procedures for approval of disorganization of school districts prescribed by other laws.
History: L. 1967, ch. 367, § 2; L. 1969, ch. 347, § 2; L. 1971, ch. 237, § 1; April 3.
The board of education of a school district disorganized under the provisions of this act may enter into contracts necessary for maintenance and operation of the school district until the disorganization is effective for school instruction and attendance purposes. Any such contract entered into by the board of education shall contain a provision that the contract must be fully executed prior to the July 1 upon which the disorganization is effective and that on and after such date the contract is void. Any such contract entered into by the board of education after the disorganization is effective for school instruction and attendance purposes is void. Any other contract entered into by the board of education after the date on which the state board of education issues its order disorganizing the school district is void.
History: L. 1969, ch. 347, § 3; L. 1981, ch. 288, § 1; April 6.
(a) A school district may be disorganized and attached to another school district as provided in this section. An election shall be held in the school district proposed to be disorganized for the purpose of voting on a proposition for such disorganization and attachment. Any such proposition shall be specified by resolution of the board of education of the school district proposed to be disorganized. Any such resolution shall specify a date for holding an election on the proposition, and a copy of the resolution shall be transmitted to the county election officer of the home county of the school district proposed to be disorganized, who shall conduct such election. Such proposition may provide that the territory to be attached shall assume its proportionate share of any existing bonded indebtedness of the school district to which it is attached. In all cases the territory of any school district disorganized under authority of this section shall be liable for payment of bonded indebtedness, no-fund warrants and special assessments of the school district disorganized as provided in K.S.A. 10-119. If the proposition for disorganization and attachment shall carry, the county election officer shall certify the results thereof to the clerk of the boards of education of the school district to which territory is to be attached and the school district to be disorganized, and to the state board of education.
Within thirty (30) days after receipt of any such certification, the board of education of the school district to which such territory is proposed to be attached shall by resolution approve or reject the proposition of attachment and the clerk of the board of education of such school district shall transmit a copy of such resolution to the clerk of the school district making the proposition of attachment and to the state board of education. Within thirty (30) days after receipt of a resolution of a board of education to which territory is to be attached approving any such attachment, the state board of education shall issue an order in accordance with this section for such disorganization and attachment.
(b) If the proposition for disorganization and attachment provided for the assumption by the territory attached of its proportionate share of the existing bonded indebtedness of the school district to which such territory is attached, from and after such attachment, all of the property, both real and personal, within the territory so attached shall be subject to taxation, the same as property within the school district to which such territory is attached, for the payment of such existing indebtedness and the interest thereon. If any portion of the territory so attached is subsequently transferred from the school district to which it is attached hereunder, the property within such transferred portion shall not be subject to further taxation for the payment of such assumed indebtedness.
(c) All disorganizations under this section shall be effective for school instruction and attendance purposes on the July 1 following the election approving the disorganization. The school district to which the territory is attached under this section shall, for the purpose of taxation, have included in its taxable territory, the territory so attached as of the December 31 preceding the July 1 upon which the disorganization is effective for school instruction and attendance purposes. For the purposes of budgeting and levying of taxes therefor and for the purposes specified in K.S.A. 10-119 the disorganization shall be effective for budgets and tax levies to be certified in the August following the effective date for school instruction and attendance purposes. For the purpose of elections the disorganization shall be effective at the first election of school district officers occurring one hundred twenty (120) days or more after the election for approval of the disorganization, and for bond elections occurring ninety (90) days or more after the election for approval of the disorganization.
(d) On the July 1 that a disorganization under this section is effective for school instruction and attendance purposes, the property, records and all funds, on hand and to be collected, of the school district being disorganized shall be turned over and paid to the school district to which the territory of the disorganized school district is attached. Lawful indebtedness of the school district being disorganized, exclusive of indebtedness for bonds, no-fund warrants or special assessments, shall be assumed and paid by the school district to which such territory is attached. On such July 1 it shall be the duty of all county officers and officers of any school district disorganized under this section to transfer the funds (including funds collected from taxes, interest, and penalties subsequent to such disorganization), records and property of such disorganized district in accordance with this section.
(e) The provisions of this section shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, and shall be regarded as separate from procedures for approval of disorganization of school districts prescribed by other laws.
History: L. 1971, ch. 238, § 1; July 1.
(a) A school district may be disorganized and the territory thereof attached to two or more other school districts as provided in this section. An election shall be held in the school district proposed to be disorganized for the purpose of voting on a proposition for such disorganization and attachment. Any such proposition shall be specified by resolution of the board of education of the school district proposed to be disorganized, subject to the approval of the state board of education. Such proposition may provide that territory to be attached to any school district which has existing bonded indebtedness shall assume its proportionate share of such indebtedness. In all cases, the territory of any school district disorganized under authority of this section shall be liable for payment of bonded indebtedness, no-fund warrants and special assessments of the school district so disorganized as provided in K.S.A. 10-119. Upon adoption of any such resolution, a copy thereof shall be transmitted to the state board of education for its approval. If the state board approves such resolution, it shall transmit a copy thereof to the county election officer of the home county of the school district proposed to be disorganized, and such county election officer shall conduct an election upon the question so submitted on such date as is specified in the resolution. If the proposition for disorganization and attachment shall carry, the county election officer shall certify the results thereof to the clerks of the board of education of the school districts to which territory is to be attached, to the board of education of the school district to be disorganized, and to the state board of education.
Within thirty (30) days after receipt of any such certification, the boards of education of the school districts to which any such territory is proposed to be attached, shall by resolution approve or reject the proposition of attachment, and the clerk of each such board of education shall transmit a copy of such resolution to the clerk of the school district making the proposition of attachment and to the state board of education. Within thirty (30) days after receipt of resolutions from all of the boards of education to which territory is to be attached under this section, and if all of such resolutions approve such attachments, the state board of education shall issue an order in accordance with this section for such disorganization and attachment.
(b) If a proposition for disorganization and attachment under this section provided for the assumption by the territory attached of its proportionate share of the existing bonded indebtedness of the school districts to which territory is attached, from and after such attachment, all of the property, both real and personal, within the territory so attached shall be subject to taxation, the same as property within the school district to which such territory is attached, for the payment of such existing indebtedness and the interest thereon. If any portion of the territory so attached is subsequently transferred from the school district to which it is attached hereunder, the property within such transferred portion shall not be subject to further taxation for the payment of such assumed indebtedness.
(c) All disorganizations under this section shall be effective for school instruction and attendance purposes on the July 1 following the election approving the disorganization. Any school district to which territory is attached under this section shall, for the purpose of taxation, have included in its taxable territory, the territory so attached as of the December 31 preceding the July 1 upon which the disorganization is effective for school instruction and attendance purposes. For the purposes of budgeting and levying of taxes therefor and for the purposes specified in K.S.A. 10-119 the disorganization shall be effective for budgets and tax levies to be certified in the August following the effective date for school instruction and attendance purposes. For the purpose of elections the disorganization shall be effective at the first election of school district officers occurring one hundred twenty (120) days or more after the election for approval of the disorganization, and for bond elections occurring ninety (90) days or more after the election for approval of the disorganization.
(d) On the July 1 that a disorganization under this section is effective for school instruction and attendance purposes, the school districts to which territory is attached shall be entitled to the property and all funds on hand and to be collected of the disorganized school district. Such property (other than real property) and funds shall be divided among the school districts to which territory is attached in proportion that the assessed tangible valuation of the territory of the disorganized school district is divided. The records of the disorganized school district shall follow each school building to the school district taking possession thereof. Each school building and other real property located in territory attached to a school district shall become the property of the school district to which such territory is attached. Lawful indebtedness of the school district being disorganized, exclusive of indebtedness for bonds, no-fund warrants or special assessments, shall be assumed and paid by the school districts to which territory is attached in the proportion that assessed tangible valuation of the disorganized school district is divided. On such July 1 it shall be the duty of all county officers and officers of any school district disorganized under this section to transfer the funds (including funds collected from taxes, interest, and penalties subsequent to such disorganization), records and property of such disorganized school district in accordance with this section.
(e) The provisions of this section shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, and shall be regarded as separate from procedures for approval of disorganization of school districts prescribed by other laws.
History: L. 1971, ch. 238, § 2; July 1.
The proceeds of any bonds of any school district disorganized under the provisions of either K.S.A. 72-7304 or 72-7305, which proceeds are not encumbered by contractual obligations of such school district being disorganized, shall be transferred to and deposited in a special fund in the office of the county treasurer of the home county of the school district being disorganized not later than the July 1 that such disorganization is effective for school instructions and attendance purposes. All moneys in any such fund shall be appropriated and used by such county treasurer to pay the principal, interest, and other charges on the bonds from which such funds were produced, and the tax levy provided for under chapter 10 of Kansas Statutes Annotated for payment of such principal, interest, and other charges shall be reduced accordingly, so long as there remains a balance in such fund. Such county treasurer shall make a levy in accordance with chapter 10 of Kansas Statutes Annotated on the assessed taxable tangible property in the territory of the school district disorganized under K.S.A. 72-7304 or 72-7305, to pay the principal, interest, and other charges on any such bonds to the extent not paid from bond proceeds as provided above. Any such bond proceeds shall be invested by the county treasurer in accordance with K.S.A. 10-131 to the extent not needed for current payment of principal, interest, and other charges on such bonds, and the interest on such investments shall be deposited in such special fund with such bond proceeds and shall be used for the same purpose.
History: L. 1971, ch. 238, § 3; July 1.
For the purpose of affording a hearing upon any matter provided in this act to be determined by the state board of education when such determination requires exercise of substantial discretion by the state board of education, the state board of education may appoint one or more hearing officers. Any such hearing officer shall be an officer or employee of the state department of education. Any such appointment shall apply to a particular hearing or to a set or class of hearings as specified by the state board of education in making such appointment. Whenever a hearing officer appointed under the authority of this act hears any matter, such hearing officer shall, after hearing the same, prepare a written report thereon to the state board of education. After receiving such report the state board of education shall determine the matter with or without additional hearing. Nothing in this section shall be deemed to require a hearing to be held on any matter determined by the state board of education.
History: L. 1971, ch. 238, § 4; L. 1988, ch. 356, § 281; L. 1989, ch. 283, § 15; July 1.
(a) Where a unified district acquires a school building of a divided disorganized district and the bonded indebtedness for such building is only partly paid, the unified district acquiring such building may either pay to or receive from each other district or districts in which any part of the territory of the disorganized district is located an equitable payment. Such equitable payment, if any, shall be determined as follows: (1) The boards of the interested districts shall negotiate and agree upon such payments, if possible; (2) if such agreement cannot be reached, the board of any interested district may file an action at any time after January 1, 1967, and before January 1, 1968, in the district court of the county in which such school building is located, to determine such equitable payments; (3) the district court in which such an action is filed shall determine venue of the action, and if venue is found to be in such court, shall appoint a commissioner and may appoint appraisers to determine any facts or valuations that the court deems material; (4) the commissioner, and appraisers if any, shall report their findings to the court together with any recommendations requested by the court; (5) the court may hear evidence and shall hear arguments of interested districts; (6) thereafter the court shall issue its order determining such equitable payments, if any, allowing reasonable fees to the commissioner and appraisers, if any, and assessing the costs of action, including such fees, to the litigants or any one or more of them.
(b) Any unified district making payments under this section is authorized to levy taxes over a period of three (3) years to obtain funds to make such payments, and such levy shall be in addition to all other tax levies authorized or limited by law and shall not be subject to or within any aggregate tax levy limit.
(c) Such equitable considerations as are deemed, by such negotiating boards or such court, to be appropriate may be considered.
History: L. 1965, ch. 420, § 17; February 23.
Notwithstanding any of the provisions of K.S.A. 72-67,106, the board of education of any unified school district may elect to budget and certify tax levies for the retirement of bonded indebtedness of any disorganized school district if the building or facility for which such bonded indebtedness was created is located within such unified school district. Any such board of education so electing shall notify the county clerk of any county in which any of the former territory of such disorganized school district is located on or before August 25 of the year preceding the year in which the next installment of such bonds and the interest thereon shall become due and payable. Tax levies under this section shall be made on the territory of the disorganized school district unless otherwise provided by special act of the legislature. Funds collected from such levies by any county treasurer shall be distributed to the school district in the same manner as other school funds are distributed, and the school district shall forward such bond and interest installments to the state treasurer in the manner prescribed by law. No bonded indebtedness levy shall be made by any county clerk pursuant to K.S.A. 72-67,106 after such clerk has received notice from a unified school district of its intent to make levies as herein provided.
History: L. 1970, ch. 295, § 1; July 1.
History: L. 1901, ch. 306, § 1; L. 1905, ch. 386, § 1; L. 1917, ch. 277, § 2; R.S. 1923, 72-701; L. 1943, ch. 248, § 14; L. 1949, ch. 358, § 11; L. 1953, ch. 318, § 1; Repealed, L. 1968, ch. 162, § 1; July 1.
History: L. 1901, ch. 306, § 2; L. 1905, ch. 386, § 2; L. 1907, ch. 321, § 1; R.S. 1923, 72-702; L. 1933, ch. 253, § 1; L. 1943, ch. 248, § 15; L. 1947, ch. 359, § 18; L. 1949, ch. 358, § 12; L. 1951, ch. 398, § 1; Repealed, L. 1968, ch. 162, § 1; July 1.
History: L. 1941, ch. 338, § 1; Repealed, L. 1947, ch. 363, § 1; June 30.
History: L. 1949, ch. 358, § 10; L. 1953, ch. 318, § 2; Repealed, L. 1968, ch. 162, § 1; July 1.
History: L. 1959, ch. 309, § 1; Repealed, L. 1969, ch. 313, § 2; July 1.
History: L. 1961, ch. 348, §§ 1, 2; Repealed, L. 1968, ch. 162, § 1; July 1.
In accordance with the provisions of this act the boards of education of any two or more school districts are hereby authorized to discuss issues relating to consolidation of such districts and enter into agreements to form one consolidated unified school district. Such meetings may be held within the boundaries of any of the districts proposing to form the consolidated district.
History: L. 1969, ch. 336, § 1; L. 1980, ch. 227, § 1; L. 2004, ch. 54, § 1; April 15.
(a) Any agreement entered into under authority of this act shall specify the following:
(1) The home county of the consolidated unified school district.
(2) The date of election for approval thereof.
(3) The method of election and voting plan.
(4) Describe member districts, if needed.
(5) Specify agreement as to the membership of a temporary board of education to serve until a board of education is elected as provided in this act.
(b) Any agreement entered into under the authority of K.S.A. 72-708 et seq., and amendments thereto, may specify that the consolidation is not approved unless a majority of the qualified electors of each school district proposed to be consolidated vote in favor of the consolidation.
History: L. 1969, ch. 336, § 2; L. 2008, ch. 172, § 9; May 29.
Agreements to consolidate under authority of this act shall provide that such agreement shall be of no force or effect unless first approved by the state board and is thereafter approved at a special election called for the purpose in the territory which will comprise the consolidated unified school district. The territory which will comprise the consolidated unified school district may be noncontiguous.
History: L. 1969, ch. 336, § 3; L. 1999, ch. 165, § 14; May 20.
The territory of the consolidated unified school district shall be all of the territory of the school districts being consolidated. The territory of the school districts being consolidated may be noncontiguous. All of the electors residing in the school districts being consolidated shall be entitled to vote at such election. The proposition submitted shall be stated on the ballot and in the notice of election in substantially the following words: "Shall school districts ____________ and ____________ form a consolidated unified school district?" and the blanks shall be filled with the names of each of the school districts being consolidated. The county election officer of the home county of the consolidated unified school district shall conduct the election. Laws applicable to question submitted elections in school districts shall be applicable in the conduct of the elections provided for under this section to the extent that the same are not in conflict herewith.
History: L. 1969, ch. 336, § 4; L. 1999, ch. 165, § 15; May 20.
Before any consolidated unified school district is finally approved under this act, the results of the election shall be certified by the county election officer in accordance with the determination of the county board of canvassers of the home county of the consolidated unified school district to the state board. If such election was favorable to consolidation of the school districts, the state board shall issue an order establishing the unified school district. Such order shall specify the home county of the unified school district, assign a number thereto and describe the boundaries thereof. If the consolidated unified school district is comprised of noncontiguous territory, the order of the state board shall describe such territory.
History: L. 1969, ch. 336, § 5; L. 1999, ch. 165, § 16; May 20.
If the proposition to consolidate is approved as provided in K.S.A. 72-711, the election of board members at the next following school election shall be by the method of election and voting plan provided in the agreement for the consolidated unified school district, and at such election seven (7) new board members shall be elected. The four (4) candidates receiving the highest number of votes at the general school election shall serve as board members for four-year terms commencing on the July 1 following such election and the three (3) candidates receiving the next highest number of votes shall serve for two-year terms commencing on the July 1 following such election, except where a member-district method of election is in effect in which case persons elected to even-numbered board member positions shall serve for two-year terms commencing on the July 1 following such election and persons elected to odd-numbered member positions shall serve for four-year terms commencing on the July 1 following such election. Thereafter at school elections in odd-numbered years board members shall be elected to serve for four-year terms.
History: L. 1969, ch. 336, § 6; April 25.
Upon the consolidation of school districts the consolidated unified school district shall assume and agree to pay all of the bonded indebtedness of the former school districts of which it is comprised, unless the agreement to consolidate provides otherwise as hereinafter provided. Any consolidation agreement entered into under authority of this act may provide that in lieu of the consolidated unified school district assuming the bonded indebtedness of the school districts being disorganized, such bonded indebtedness shall remain a charge upon the territory of the school districts being disorganized. If such agreement provides for bonded indebtedness to remain a charge upon the territory of the school districts being disorganized, the provisions of K.S.A. 10-119 shall apply with the date of the disorganization of such school districts being the date to be used in making such application.
History: L. 1969, ch. 336, § 7; April 25.
The assets of the school districts being consolidated shall be transferred to the consolidated unified school district on a day agreed upon in the consolidation agreement but not sooner than the first day of the first month after the election approving such consolidation. The property, records and all funds on hand and to be collected of each of the school districts being consolidated shall be turned over and paid to the consolidated unified school district and shall become the property of the consolidated unified school district, and the consolidated unified school district shall thereupon be entitled to possession thereof. The consolidated unified school district shall thereupon become liable for and pay all lawful debts of the school districts which were consolidated except as may be otherwise provided by the consolidation agreement for bonded indebtedness. It shall be the duty of all county officers and officers of the school districts being consolidated to transfer the funds (including state foundation finance funds and funds collected from state aid, taxes, interests, and penalties subsequent to such consolidation), records and property of the school districts being consolidated in accordance with the provisions of this section and the consolidation agreement. Any county treasurer or school district officer or former officer having in his possession any property, records or funds of any of the school districts being consolidated who shall fail or refuse to turn over such property, records or funds to the consolidated unified school district shall be ordered to do so by the state board.
History: L. 1969, ch. 336, § 8; April 25.
(a) If the proposition to consolidate school districts is approved as provided in K.S.A. 72-711, and amendments thereto, the temporary board of education specified in the agreement pursuant to K.S.A. 72-709, and amendments thereto, shall have the power to enter into contracts, adopt resolutions and take other such actions as it deems necessary to provide for the maintenance, finance and operation of the consolidated unified school district. The temporary board shall have the power to recognize a professional employees' organization for the purpose of professional negotiation. The temporary board shall have the power to enter into contracts of employment for all personnel it deems necessary for operation of the consolidated unified school district.
(b) No powers granted pursuant to this section shall be exercised sooner than 90 days prior to the effective date of the consolidation of such school districts.
History: L. 2003, ch. 139, § 5; May 15.
History: L. 1893, ch. 135, §§ 1 to 3; R.S. 1923, 72-801 to 72-803; Repealed, L. 1949, ch. 359, § 1; June 30.
History: L. 1893, ch. 135, § 4; L. 1907, ch. 322, § 1; R.S. 1923, 72-804; Repealed, L. 1949, ch. 359, § 1; June 30.
History: L. 1901, ch. 307, § 1; R.S. 1923, 72-805; Repealed, L. 1949, ch. 359, § 1; June 30.
History: L. 1901, ch. 307, § 2; L. 1907, ch. 323, § 1; R.S. 1923, 72-806; Repealed, L. 1949, ch. 359, § 1; June 30.
History: L. 1901, ch. 307, §§ 3, 4; R.S. 1923, 72-807, 72-808; Repealed, L. 1949, ch. 359, § 1; June 30.
History: L. 1901, ch. 307, § 5; L. 1905, ch. 383, § 1; R.S. 1923, 72-809; Repealed, L. 1949, ch. 359, § 1; June 30.
History: L. 1901, ch. 307, § 6; R.S. 1923, 72-810; Repealed, L. 1949, ch. 359, § 1; June 30.
History: L. 1901, ch. 307, § 7; R.S. 1923, 72-811; Repealed, L. 1949, ch. 359, § 1; June 30.
History: L. 1901, ch. 307, § 8; R.S. 1923, 72-812; Repealed, L. 1949, ch. 359, § 1; June 30.
History: L. 1901, ch. 307, § 9; R.S. 1923, 72-813; L. 1947, ch. 360, § 1; L. 1949, ch. 360, § 1; Repealed, L. 1951, ch. 396, § 20; April 1.
History: L. 1901, ch. 307, § 10; R.S. 1923, 72-814; Repealed, L. 1949, ch. 359, § 1; June 30.
History: L. 1919, ch. 260, § 1; R.S. 1923, 72-815; Repealed, L. 1949, ch. 359, § 1; June 30.
History: L. 1919, ch. 260, §§ 2, 3; R.S. 1923, 72-816, 72-817; Repealed, L. 1949, ch. 359, § 1; June 30.
History: R.S. 1923, 72-818; L. 1933, ch. 254, § 1; Repealed, L. 1935, ch. 255, § 8; March 19.
History: L. 1917, ch. 275, §§ 2, 3; R.S. 1923, 72-819, 72-820; Repealed, L. 1949, ch. 359, § 1; June 30.
History: L. 1943, ch. 260, §§ 1 to 3; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1951, ch. 396, § 1; L. 1953, ch. 319, § 1; L. 1959, ch. 276, § 1; L. 1961, ch. 318, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 396, § 5; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 396, § 6; L. 1961, ch. 317, § 3; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 396, §§ 7, 8; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 396, § 9; L. 1953, ch. 320, § 1; L. 1959, ch. 276, § 2; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 427, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1953, ch. 320, § 2; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 396, § 10; L. 1953, ch. 319, § 2; L. 1957, ch. 381, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 396, § 11; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 396, § 12; L. 1953, ch. 321, § 1; L. 1961, ch. 319, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 396, § 13; L. 1953, ch. 322, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 396, §§ 14, 15; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 396, § 16; L. 1953, ch. 319, § 4; L. 1963, ch. 352, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 396, § 17; Repealed, L. 1968, ch. 84, § 6; July 1.
History: L. 1951, ch. 396, §§ 18, 19; Repealed, L. 1968, ch. 84, § 6; July 1.
History: L. 1955, ch. 339, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1963, ch. 363, §§ 1, 2; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1963, ch. 353, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1963, ch. 382, §§ 1 to 3; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1963, ch. 354, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1965, ch. 411, § 1; Repealed, L. 1975, ch. 365, § 6; July 1.
History: L. 1905, ch. 384, § 1; L. 1923, ch. 183, § 1; R.S. 1923, 72-5301; L. 1945, ch. 340, § 1; L. 1965, ch. 411, § 2; Repealed, L. 1975, ch. 365, § 6; July 1.
History: L. 1945, ch. 340, §§ 3, 4; L. 1965, ch. 411, §§ 3, 4; Repealed, L. 1975, ch. 365, § 6; July 1.
Revisor's Note: Section transferred to 72-3481.
History: L. 1959, ch. 311, § 2; L. 1965, ch. 411, § 5; Repealed, L. 1975, ch. 365, § 6; July 1.
History: L. 1965, ch. 411, § 6; Repealed, L. 1975, ch. 365, § 6; July 1.
History: L. 1965, ch. 411, §§ 7, 8; L. 1974, ch. 348, §§ 37, 38; Repealed, L. 1975, ch. 365, § 6; July 1.
History: L. 1965, ch. 411, §§ 9 to 11; Repealed, L. 1975, ch. 365, § 6; July 1.
History: L. 1973, ch. 382, §§ 1, 2; Repealed, L. 1975, ch. 365, § 6; July 1.
History: L. 1901, ch. 307, § 11; R.S. 1923, 72-901; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1891, ch. 88, § 1; R.S. 1923, 72-902; Repealed, L. 1925, ch. 222, § 2; May 28.
History: L. 1901, ch. 305, § 1; L. 1911, ch. 275, § 1; R.S. 1923, 72-903; Repealed, L. 1951, ch. 396, § 20; April 1.
History: L. 1903, ch. 429, § 1; L. 1911, ch. 275, § 2; R.S. 1923, 72-904; Repealed, L. 1951, ch. 396, § 20; April 1.
History: L. 1901, ch. 305, § 6; L. 1911, ch. 275, § 4; R.S. 1923, 72-905; Repealed, L. 1949, ch. 359, § 1; June 30.
History: L. 1921, ch. 230, § 1; R.S. 1923, 72-906; Repealed, L. 1949, ch. 359, § 1; June 30.
History: L. 1921, ch. 230, § 2; R.S. 1923, 72-907; Repealed, L. 1949, ch. 359, § 1; June 30.
History: L. 1921, ch. 230, §§ 3 to 5; R.S. 1923, 72-908 to 72-910; Repealed, L. 1949, ch. 359, § 1; June 30.
History: L. 1901, ch. 305, §§ 3 to 5; R.S. 1923, 72-911 to 72-913; Repealed, L. 1949, ch. 359, § 1; June 30.
History: L. 1901, ch. 305, § 7; R.S. 1923, 72-914; Repealed, L. 1949, ch. 359, § 1; June 30.
History: L. 1901, ch. 305, § 8; R.S. 1923, 72-915; Repealed, L. 1949, ch. 359, § 1; June 30.
History: L. 1935, ch. 255, §§ 1 to 7; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1949, ch. 400, §§ 1 to 8, 10; Repealed, L. 1974, ch. 290, § 22; July 1.
History: L. 1951, ch. 424, § 1; L. 1953, ch. 337, § 1; L. 1955, ch. 327, § 1; L. 1969, ch. 322, § 1; L. 1971, ch. 230, § 1; L. 1972, ch. 258, § 2; Repealed, L. 1974, ch. 290, § 22; July 1.
History: L. 1951, ch. 424, § 2; L. 1969, ch. 322, § 2; L. 1971, ch. 230, § 2; L. 1972, ch. 259, § 1; L. 1973, ch. 278, § 1; L. 1974, ch. 290, § 7; Repealed, L. 1999, ch. 116, § 51; July 1.
History: L. 1971, ch. 322, § 17; L. 1972, ch. 258, § 1; L. 1973, ch. 292, § 49; L. 1975, ch. 365, § 5; Repealed, L. 1978, ch. 296, § 17; July 1.
History: L. 1951, ch. 424, §§ 3, 4; Repealed, L. 1974, ch. 290, § 22; July 1.
History: L. 1951, ch. 424, § 5; L. 1971, ch. 230, § 3; Repealed, L. 1974, ch. 290, § 22; July 1.
History: L. 1951, ch. 424, § 6; L. 1955, ch. 327, § 2; L. 1967, ch. 380, § 1; L. 1969, ch. 322, § 3; L. 1971, ch. 230, § 4; Repealed, L. 1974, ch. 290, § 22; July 1.
History: L. 1951, ch. 424, § 7; L. 1953, ch. 337, § 2; L. 1955, ch. 327, § 3; L. 1961, ch. 341, § 1; L. 1971, ch. 230, § 5; Repealed, L. 1974, ch. 290, § 22; July 1.
History: L. 1951, ch. 424, § 8; L. 1955, ch. 327, § 4; L. 1969, ch. 322, § 4; Repealed, L. 1974, ch. 290, § 22; July 1.
History: L. 1951, ch. 424, § 9; L. 1953, ch. 337, § 3; L. 1955, ch. 327, § 5; Repealed, L. 1974, ch. 290, § 22; July 1.
History: L. 1951, ch. 424, §§ 10 to 12; Repealed, L. 1974, ch. 290, § 22; July 1.
History: L. 1951, ch. 424, § 13; L. 1953, ch. 337, § 4; L. 1955, ch. 327, § 6; L. 1961, ch. 341, § 2; L. 1967, ch. 381, § 1; Repealed, L. 1974, ch. 290, § 22; July 1.
History: L. 1951, ch. 424, § 14; L. 1953, ch. 337, § 5; Repealed, L. 1974, ch. 290, § 22; July 1.
History: L. 1951, ch. 424, §§ 15, 16; Repealed, L. 1974, ch. 290, § 22; July 1.
History: L. 1969, ch. 322, § 7; Repealed, L. 1974, ch. 290, § 22; July 1.
History: L. 1953, ch. 338, § 1; L. 1955, ch. 328, § 1; L. 1961, ch. 341, § 3; L. 1969, ch. 322, § 5; Repealed, L. 1974, ch. 290, § 22; July 1.
History: L. 1953, ch. 338, § 2; L. 1955, ch. 328, § 2; L. 1961, ch. 341, § 5; Repealed, L. 1974, ch. 290, § 22; July 1.
History: L. 1967, ch. 387, § 1; L. 1969, ch. 323, § 1; L. 1973, ch. 292, § 50; Repealed, L. 1974, ch. 290, § 22; July 1.
History: L. 1953, ch. 338, § 3; L. 1955, ch. 328, § 3; L. 1957, ch. 396, § 1; L. 1961, ch. 341, § 4; Repealed, L. 1974, ch. 290, § 22; July 1.
History: L. 1953, ch. 338, § 4; L. 1955, ch. 328, § 4; 1967, ch. 380, § 2; Repealed, L. 1974, ch. 290, § 22; July 1.
History: L. 1953, ch. 338, § 5; L. 1955, ch. 328, § 5; L. 1969, ch. 322, § 6; Repealed, L. 1974, ch. 290, § 22; July 1.
History: L. 1953, ch. 338, § 6; Repealed, L. 1974, ch. 290, § 22; July 1.
History: L. 1953, ch. 338, § 7; L. 1955, ch. 328, § 6; Repealed, L. 1974, ch. 290, § 22; July 1.
History: L. 1953, ch. 338, §§ 8, 9; Repealed, L. 1974, ch. 290, § 22; July 1.
History: L. 1972, ch. 382, § 1; Repealed, L. 1974, ch. 290, § 22; July 1.
Revisor's Note: Section transferred to 72-3403.
Revisor's Note: Section transferred to 72-3404.
Revisor's Note: Section transferred to 72-3405.
Revisor's Note: Section transferred to 72-3406.
History: L. 1983, ch. 237, § 4; Repealed, L. 1999, ch. 116, § 51; July 1.
Revisor's Note: Section transferred to 72-3407.
Revisor's Note: Section transferred to 72-3408.
Revisor's Note: Section transferred to 72-3409.
Revisor's Note: Section transferred to 72-3410.
Revisor's Note: Section transferred to 72-3411.
Revisor's Note: Section transferred to 72-3412.
History: L. 1974, ch. 290, § 10; Repealed, L. 1999, ch. 116, § 51; July 1.
Revisor's Note: Section transferred to 72-3413.
Revisor's Note: Section transferred to 72-3414.
History: L. 1974, ch. 290, § 13; L. 1977, ch. 241, § 1; L. 1978, ch 286, § 1; L. 1979, ch. 219, § 4; L. 1980, ch. 216, § 2; Repealed, L. 1999, ch. 116, § 51; July 1.
Revisor's Note: Section transferred to 72-3415.
Revisor's Note: Section transferred to 72-3416.
Revisor's Note: Section transferred to 72-3417.
Revisor's Note: Section transferred to 72-3418.
Revisor's Note: Section transferred to 72-3419.
Revisor's Note: Section transferred to 72-3420.
Revisor's Note: Section transferred to 72-3421.
Revisor's Note: Section transferred to 72-3422.
History: L. 1974, ch. 290, § 19; L. 1976, ch. 307, § 1; L. 1986, ch. 265, § 1; L. 1987, ch. 270, § 1; L. 1992, ch. 280, § 39; L. 1996, ch. 229, § 120; L. 1997, ch. 156, § 84; L. 1999, ch. 116, § 26; L. 2002, ch. 196, § 1; L. 2003, ch. 72, § 3; L. 2005, ch. 152, § 10; L. 2005, ch. 2, § 17 (Special Session); L. 2006, ch. 197, § 7; L. 2010, ch. 4, § 3; L. 2010, ch. 155, § 21; L. 2011, ch. 107, § 3; L. 2012, ch. 108, § 1; Repealed, L. 2013, ch. 133, § 37; July 1.
Revisor's Note: Section transferred to 72-3423.
History: L. 1974, ch. 290, § 20; L. 1999, ch. 116, § 27; L. 2001, ch. 5, § 282; Repealed, L. 2002, ch. 164, § 9; July 1.
History: L. 1974, ch. 290, § 21; Repealed, L. 1999, ch. 116, § 51; July 1.
Revisor's Note: Section transferred to 72-3424.
History: L. 1976, ch. 305, § 1; Repealed, L. 1980, ch. 216, § 7; July 1.
Revisor's Note: Section transferred to 72-3425.
Revisor's Note: Section transferred to 72-3426.
Revisor's Note: Section transferred to 72-3427.
Revisor's Note: Section transferred to 72-3428.
Revisor's Note: Section transferred to 72-3429.
Revisor's Note: Section transferred to 72-3430.
Revisor's Note: Section transferred to 72-3431.
Revisor's Note: Section transferred to 72-3432.
History: L. 1999, ch. 116, § 30; Repealed, L. 2005, ch. 171, § 24; July 1.
Revisor's Note: Section transferred to 72-3433.
History: L. 1999, ch. 116, § 31; Repealed, L. 2005, ch. 171, § 24; July 1.
Revisor's Note: Section transferred to 72-3434.
Revisor's Note: Section transferred to 72-3435.
Revisor's Note: Section transferred to 72-3436.
Revisor's Note: Section transferred to 72-3437.
Revisor's Note: Section transferred to 72-3438.
Revisor's Note: Section transferred to 72-3439.
Revisor's Note: Section transferred to 72-3440.
Revisor's Note: Section transferred to 72-3441.
History: L. 1876, ch. 122, art. 4, § 1; R.S. 1923, 72-1001; L. 1943, ch. 248, § 16; L. 1947, ch. 358, § 2; L. 1953, ch. 323, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1947, ch. 376, §§ 1 to 3; Repealed, L. 1968, ch. 22, § 1; July 1.
History: L. 1953, ch. 353, § 1; L. 1957, ch. 382, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1876, ch. 122, art. 4, § 2; R.S. 1923, 72-1002; L. 1943, ch. 248, § 17; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1876, ch. 122, art. 4, § 3; R.S. 1923, 72-1003; L. 1943, ch. 248, § 18; L. 1947, ch. 358, § 3; Repealed, L. 1969, ch. 312, § 6; May 10.
History: R.S. 1923, 72-1004; L. 1943, ch. 248, § 19; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1943, ch. 248, § 20; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1876, ch. 122, art. 4, § 5; R.S. 1923, 72-1005; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1876, ch. 122, art. 4, § 6; R.S. 1923, 72-1006; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1876, ch. 122, art. 4, § 7; R.S. 1923, 72-1007; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1876, ch. 122, art. 4, § 8; L. 1887, ch. 219, § 3; L. 1889, ch. 220, § 2; R.S. 1923, 72-1008; L. 1925, ch. 223, § 1; L. 1943, ch. 248, § 21; L. 1957, ch. 383, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1889, ch. 220, § 3; R.S. 1923, 72-1009; L. 1943, ch. 248, § 22; Repealed, L. 1969, ch. 312, § 6; May 10.
Revisor's Note: Later act, see 72-1009.
History: L. 1889, ch. 220, § 4; L. 1923, ch. 180, § 1; R.S. 1923, 72-1010; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1876, ch. 122, art. 4, § 9; R.S. 1923, 72-1011; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1876, ch. 122, art. 4, § 10; R.S. 1923, 72-1012; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1876, ch. 122, art. 4, § 11; R.S. 1923, 72-1013; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1876, ch. 122, art. 4, § 12; R.S. 1923, 72-1014; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1876, ch. 122, art. 4, § 13; R.S. 1923, 72-1015; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1876, ch. 122, art. 4, § 14; L. 1879, ch. 156, § 1; R.S. 1923, 72-1016; L. 1935, ch. 256, § 1; L. 1943, ch. 248, § 23; L. 1945, ch. 288, § 1; L. 1961, ch. 320, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1876, ch. 122, art. 4, § 15; R.S. 1923, 72-1017; L. 1943, ch. 248, § 24; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1876, ch. 122, art. 4, § 16; R.S. 1923, 72-1018; L. 1943, ch. 248, § 25; L. 1945, ch. 288, § 2; L. 1968, ch. 21, § 1; Repealed, L. 1983, ch. 319, § 4; July 1.
History: L. 1876, ch. 122, art. 4, § 17; R.S. 1923, 72-1019; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1876, ch. 122, art. 4, § 18; R.S. 1923, 72-1020; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1927, ch. 273, §§ 1 to 4; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1876, ch. 122, art. 4, § 19; R.S. 1923, 72-1021; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1876, ch. 122, art. 4, § 20; R.S. 1923, 72-1022; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1876, ch. 122, art. 4, § 21; R.S. 1923, 72-1023; L. 1943, ch. 248, § 26; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1961, ch. 357, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1876, ch. 122, art. 4, § 22; R.S. 1923, 72-1024; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1876, ch. 122, art. 4, § 23; R.S. 1923, 72-1025; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1876, ch. 122, art. 4, § 24; R.S. 1923, 72-1026; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1923, ch. 186, § 1; R.S. 1923, 72-1027; L. 1939, ch. 251, § 1; L. 1943, ch. 248, § 27; L. 1949, ch. 361, § 1; L. 1961, ch. 321, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: R.S. 1923, 72-1028; L. 1943, ch. 248, § 28; L. 1951, ch. 395, § 20; Repealed, L. 1969, ch. 312, § 6; May 10.
History: R.S. 1923, 72-1029; L. 1943, ch. 248, § 29; Repealed, L. 1959, ch. 277, § 1; June 30.
History: L. 1959, ch. 313, §§ 1, 2; Repealed, L. 1970, ch. 300, § 6; March 27.
History: L. 1876, ch. 122, art. 4, § 27; R.S. 1923, 72-1030; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1876, ch. 122, art. 4, § 30; L. 1909, ch. 214, § 2; L. 1911, ch. 271, § 1; R.S. 1923, 72-1031; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1927, ch. 277, § 1; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1927, ch. 277, §§ 2, 3; Repealed, L. 1943, ch. 248, § 42; June 30.
Revisor's Note: Section transferred to 72-8209.
Revisor's Note: Section transferred to 72-1416.
Revisor's Note: Section transferred to 72-1417.
History: L. 1877, ch. 173, § 2; R.S. 1923, 72-1034; L. 1943, ch. 248, § 32; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1927, ch. 274, §§ 1, 2; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1931, ch. 271, § 1; L. 1933, ch. 255, § 1; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1933, ch. 255, §§ 2, 3; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1935, ch. 261, § 1; L. 1943, ch. 248, § 33; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1939, ch. 270, §§ 1 to 3; Repealed, L. 1947, ch. 363, § 1; June 30.
History: L. 1943, ch. 248, § 34; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1943, ch. 248, § 35; Repealed, L. 1969, ch. 312, § 6; May 10.
Revisor's Note: Section transferred to 72-3122.
Revisor's Note: Section transferred to 72-3123.
Revisor's Note: Section transferred to 72-3124.
History: L. 1945, ch. 294, § 1; L. 1947, ch. 361, § 1; L. 1949, ch. 362, § 1; L. 1951, ch. 399, § 1; L. 1953, ch. 324, § 1; L. 1963, ch. 355, § 1; Repealed, L. 1969, ch. 353, § 13; May 1.
History: L. 1961, ch. 370, § 1; Repealed, L. 1969, ch. 353, § 13; May 1.
History: L. 1963, ch. 357, § 1; Repealed, L. 1969, ch. 353, § 13; May 1.
History: L. 1945, ch. 294, § 2; L. 1947, ch. 361, § 2; Repealed, L. 1969, ch. 353, § 13; May 1.
History: L. 1955, ch. 334, § 1; L. 1959, ch. 278, § 1; Repealed, L. 1969, ch. 353, § 13; May 1.
History: L. 1955, ch. 312, § 1; Repealed, L. 1969, ch. 353, § 13; May 1.
History: L. 1959, ch. 305, § 1; Repealed, L. 1961, ch. 322, § 2; June 30.
History: L. 1961, ch. 322, § 1; Repealed, L. 1963, ch. 356, § 2; June 30.
History: L. 1963, ch. 356, § 1; Repealed, L. 1965, ch. 403, § 2; May 10.
History: L. 1963, ch. 375, § 1; Repealed, L. 1969, ch. 353, § 13; May 1.
History: L. 1965, ch. 403, § 1; L. 1967, ch. 371, § 1; Repealed, L. 1969, ch. 353, § 13; May 1.
History: L. 1965, ch. 425, § 1; Repealed, L. 1969, ch. 353, § 13; May 1.
History: L. 1945, ch. 294, § 3; L. 1947, ch. 361, § 3; L. 1955, ch. 313, § 1; Repealed, L. 1969, ch. 353, § 13; May 1.
History: L. 1945, ch. 294, § 4; L. 1947, ch. 361, § 4; L. 1949, ch. 363, § 1; L. 1965, ch. 404, § 1; Repealed, L. 1969, ch. 353, § 13; May 1.
History: L. 1951, ch. 401, § 1; Repealed, L. 1969, ch. 353, § 13; May 1.
History: L. 1951, ch. 400, § 1; Repealed, L. 1969, ch. 353, § 13; May 1.
History: L. 1955, ch. 314, § 1; Repealed, L. 1969, ch. 353, § 13; May 1.
History: L. 1955, ch. 334, § 2; Repealed, L. 1969, ch. 353, § 13; May 1.
History: L. 1949, ch. 386, §§ 1 to 3; Repealed, L. 1969, ch. 353, § 13; May 1.
History: L. 1951, ch. 395, § 21; L. 1968, ch. 328, § 1; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1957, ch. 415, §§ 1, 2; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1957, ch. 415, §§ 3, 4; L. 1959, ch. 279, §§ 1, 2; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1959, ch. 280, §§ 1 to 3; L. 1961, ch. 323, §§ 1 to 3; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1959, ch. 280, §§ 4, 5; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1961, ch. 351, §§ 1 to 7; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 2005, ch. 152, § 33; Repealed, L. 2006, ch. 188, § 4; July 1.
The governing body of a unified school district is and shall be a board of education composed of seven (7) members, except as is specifically otherwise provided in K.S.A. 72-1210. The members may be elected by any combination of method of election and voting plan authorized by law, and shall serve for a term of four (4) years.
History: L. 1968, ch. 59, § 9; L. 1974, ch. 164, § 2; July 1.
The provisions of law relating to the term of office of members of boards of education, including method and time of qualification and of taking office shall apply to every school district in this state. In the event no candidate is elected to a position on the board of education of a school district in a regular election, or if an elected member moves out of the school district after such member is elected and before such member takes office the second Monday in January following the election, or if such member becomes ineligible to serve for any other reason during that period of time, the holdover member shall continue to sit as a voting member of the board of education of such school district until an eligible successor is appointed by the board of education to fill the position.
History: L. 1968, ch. 59, § 35; L. 1974, ch. 164, § 3; L. 2019, ch. 36, § 5; April 25.
It is hereby found, determined and required that:
(a) Every unified school district which now has the "six-member election" which was provided for in former K.S.A. 72-6745 shall be governed by voting plan-C and the six district method of election until changed in accordance with law.
(b) Every unified school district which now has the "three-district election" which was provided for in former K.S.A. 72-6745 shall be governed by voting plan-B and the three district method of election until changed in accordance with law.
(c) Every unified school district which now has the "two-district" method of election which was provided for in former K.S.A. 1967 Supp. 72-6752b shall be governed by voting plan-B and the two district method of election until changed in accordance with law.
(d) Every unified school district which now has "election at large" method of election which was provided for in former K.S.A. 72-6745 shall be governed by voting plan-A and the election at large method of election until changed in accordance with law.
(e) Every unified school district which now has the "five-member election" provided for in K.S.A. 72-1091 shall be governed by voting plan-C and the five district method of election after the effective date hereof, until changed in accordance with law.
(f) Every unified school district which now has "election at large for member positions" method of election which is provided for in K.S.A. 72-8118a shall be governed by voting plan-A and the election at large by member positions method of election until changed in accordance with law.
History: L. 1968, ch. 59, § 10; L. 1974, ch. 163, § 3; L. 1975, ch. 382, § 1; April 18.
(a) Every holdover member having a member position number on the effective date of this act shall, after the effective date of this act, have such member position number assigned to his member district.
(b) In every unified school district which on the effective date of this act had the "three-district election" provided in K.S.A. 72-6745 (which is repealed by this act), the "1-4 member district" shall become member district one, and every "2-5 member district" shall become member district two and every "3-6 member district" shall become member district three.
History: L. 1968, ch. 59, § 11; July 1.
(a) In every unified school district which on the effective date of this act had the "six-member election" provided for in K.S.A. 72-6745 (which is repealed by this act), each member district shall retain the same number.
(b) In every unified school district which on the effective date of this act had the "two-district" method of election which was provided for in K.S.A. 1967 Supp. 72-6752b (which is repealed by this act), member district-A shall become member district one, and every member district-B shall become member district two.
History: L. 1968, ch. 59, § 12; July 1.
(a) (1) Except as provided by paragraph (3), the board of education of any school district may change the boundaries of board member districts, if any, within the school district at any time the board determines such change is necessary. The board is directed to make any appropriate changes in the board member districts of the school district by resolution duly adopted at a meeting of the board. The board shall draw boundaries of board member districts that are as compact and equal in population as possible. The boundaries of board member districts shall be drawn, to the extent practical, to include whole voting precincts. Upon a finding by the board that whole voting precincts cannot be included, boundaries shall be drawn to include whole census blocks.
(2) If the population of any board member district is at least 5% above or 5% below the mean population of all board member districts within the school district, based upon the most recently published federal decennial census or upon population estimates as determined by the county election officer of the home county of the school district, the board of education of such school district shall change the boundaries of the board member districts so that the population of any board member district is not greater than 5% above nor 5% below the mean population of all board member districts within the school district. If the board does not change the boundaries as required by this paragraph, the county or district attorney of the home county of the school district shall notify the board of its duty to make such changes. If within 60 days after receiving such notification, the board fails to change the boundaries as required by this paragraph, the county or district attorney shall file an action in the district court of such county requesting an order to compel the school board to change the board member district boundaries as required by this paragraph.
(3) No boundary changes shall be made during the ninety-day period preceding any regular election of the school district. Such resolution shall be published one time in a newspaper having general circulation in the district, and such publication shall be made within two weeks after the adoption of such resolution. No action shall be brought in any court to contest the location of the boundaries of any member district except within 60 days immediately following the publication of such resolution. Any such action shall be filed in the name of the state by a county or district attorney or the attorney general in a district court of competent jurisdiction. Such a court is authorized to advance any such action on its docket for early determination to facilitate the conduct of elections to be held in the unified district.
(b) Amendments to board member district boundaries may be made to correct errors therein or to make the territory thereof more practicable. In the event of transfer of any territory into a school district, such territory shall be assigned to one or more board member districts, if any, by the board of education by resolution duly adopted no later than 60 days prior to any regular election in the school district. In the event of transfer of any territory out of the school district, board member districts shall be adjusted, if needed, by the board by resolution duly adopted no later than 60 days prior to any regular election in the school district.
Whenever the boundaries of any board member district are changed, the board of education shall immediately notify, in writing, the county election officer of the home county of the school district. Such notice shall describe the boundaries as changed.
History: L. 1965, ch. 420, § 6; L. 1972, ch. 266, § 1; L. 1996, ch. 7, § 1; L. 2006, ch. 188, § 1; July 1.
Any board may change the method of election or voting plan in its school district from that which it now or hereafter has to any combination of method of election and voting plan provided for by this act, unless prohibited by the conditions provided in this act. No such change shall be made unless and until approved by a majority of the electors of the school district voting on the question at an election conducted by the county election officer as provided in K.S.A. 72-1087.
History: L. 1968, ch. 59, § 13; L. 1977, ch. 256, § 1; July 1.
Any board desiring to change its method of election or its voting plan, or both, shall first prepare a plan of change showing the following:
(a) The territory, numbering and estimated population of each of the proposed member districts into which the school district will be divided, unless the proposed method is election at large.
(b) The territory, numbering and estimated population of each of the existing member districts of the school district, unless the existing method is election at large.
(c) The proposed voting plan.
(d) The existing voting plan.
History: L. 1968, ch. 59, § 14; L. 1977, ch. 256, § 2; July 1.
Subject to the limitations provided in this act, any of the three voting plans described in this section may be used in the election of board members. The three voting plans are:
(a) Voting plan-A: All electors, who are otherwise qualified according to law, and who reside in the school district may vote in both the primary and general election for all member positions.
(b) Voting plan-B: All electors, who are otherwise qualified according to law, and who reside in the member district may vote in the primary election for the member positions of such member district and for the at-large member position. All electors, who are otherwise qualified according to law, and who reside in the school district may vote in the general election for all member positions, including the at-large member position, to be filled.
(c) Voting plan-C: All electors, who are otherwise qualified according to law, and who reside in a particular member district may vote in both the primary and general election for the member positions of such member district and for the at-large member position.
History: L. 1968, ch. 59, § 15; L. 1971, ch. 239, § 1; L. 1976, ch. 185, § 5; L. 1977, ch. 256, § 3; July 1.
The following conditions shall apply to every plan of change in which the proposed method of election is a district method:
(a) The proposed member districts shall (1) each be comprised of one contiguous compact area, (2) have equal population as nearly as is practicable, and (3) exclude no territory of the school district in the proposed change, and (4) no territory shall be included in more than one member district.
(b) The proposed member districts shall be so planned that no holdover member will be displaced by establishment, renumbering or rearrangememt of member districts by inclusion of more holdover members in a single proposed member district than is authorized by this act.
History: L. 1968, ch. 59, § 16; L. 1971, ch. 239, § 2; July 1.
Determination of a school district to change from one method of election to another or from one voting plan to another, or both, shall be by any one of the following:
(a) The board, by a majority vote of the members-elect thereof, may adopt a resolution to change the method of election or voting plan, or both, and shall file a copy of such resolution in the office of the county election officer. If proceeding under this subsection (a), such resolution shall specify that the proposed change will be made only after the plan of change is first approved by a majority of the electors of the school district voting on the question at an election at which the question is submitted as provided in K.S.A. 72-1087. Such resolution shall state that the plan of change is filed in the office of the clerk of the board.
(b) Upon the determination of the county election officer that a valid petition has been filed under K.S.A. 72-1086, an election shall be called and held upon the proposition as provided in K.S.A. 72-1087, and if the proposition is approved the method of election or voting plan or both shall be changed as provided in the plan of change voted upon at such election.
History: L. 1968, ch. 59, § 17; L. 1971, ch. 239, § 3; July 1.
(a) Ten or more electors of any school district may prepare a plan of change showing the information required by K.S.A. 72-1082, and amendments thereto. Copies of such plan shall be submitted to the state board and to the clerk of the board of education of the school district. If any such plan of change is so submitted and filed, the state board may consider the same, and if it finds such plan of change is complete, sufficient and timely, and that such plan of change is in compliance with the provisions of K.S.A. 72-1084, it shall promptly so certify to the county election officer of the home county of the school district, to the board of education of the school district and to the first person listed as having submitted such plan, but it shall not consider or certify a plan of change under this section if another plan of change is pending determination by election. The certification of the state board shall show the name of the first person listed as having submitted such plan of change. Whenever the state board certifies a plan of change, it shall transmit at the same time a copy of its certification to the clerk of the board of education of the school district affected.
(b) Upon receipt of a plan of change with the certified approval of the state board, the county election officer shall notify the first person listed as having submitted such plan of change of such approval. Upon receiving such notice, the person so notified may cause petitions to be prepared which set out in full the plan of change approved, and if such petitions are then approved as to form by the county election officer, such petitions may be distributed among interested electors of the unified school district in as many copies as seem suitable to the person preparing the same as provided in this section. Any elector residing in the unified school district may sign any such petition, and one elector signing each petition shall subscribe a certificate thereto that he or she personally observed each of the signers place his or her signature thereon, and that such petition is valid as he or she verily believes. Only electors who are duly registered to vote may sign such a petition.
(c) If such petitions are filed with the county election officer and he or she determines that such petitions are validly signed by the number of electors provided in subsection (d) of this section, the county election officer shall upon making such determination call an election for approval of the plan of change in the manner provided by K.S.A. 72-1087, and amendments thereto.
(d) The number of valid signatures on petitions filed as provided in subsection (c) of this section shall be determined as follows:
(1) The county election officer of any such school district which had the election at large method at the last preceding election of members shall determine the total number of ballots cast and counted in such general school election. In any such school district, a number equal to twenty percent (20%) of the number of ballots cast and counted at such preceding general election determined as provided in this subpart (1), shall be the number of signatures required for a valid petition.
(2) In school districts in which the last preceding election of members was by a member district method, the number of signatures required for a valid petition shall be computed as provided in subpart (1) of this subsection, if one or more members were elected in each of the member districts of the school district, or if voting plan-B was in effect. In school districts in which the last preceding election of members was by a member district method, if members were not elected in all the member districts of the school district and if voting plan-C was in effect at such preceding election, the number of valid signatures required shall be computed as follows: Divide the total number of ballots cast and counted in the general school election by the number of member districts in which members were elected and multiply the result by number of member districts in the school district; then, multiply the amount so determined by twenty-hundredths (.20).
(3) Within ten (10) days after the filing of petitions as provided in this subsection, the county election officer shall determine the validity thereof.
History: L. 1968, ch. 59, § 18; L. 1971, ch. 239, § 4; L. 1977, ch. 256, § 4; July 1.
In the event that an election is to be called as determined in subsection (a) of K.S.A. 72-1085, or subsection (c) of K.S.A. 72-1086, in not less than forty-five (45) days and not more than sixty (60) days the county election officer shall make one publication notice calling such election, and stating the ballot title and proposition to be voted upon. Such notice shall be published not less than three (3) days prior to such election. Each ballot used in such election shall contain a ballot title giving a brief and clear description of the proposed change, specifying the existing and proposed method of election and voting plan. The ballot title shall be followed by the proposition which shall be stated as follows: "Shall a change in the method of election or voting plan or both, as described in the ballot title above, be approved?" When the results of any such election are determined by the county board of canvassers as provided by law, the county election officer shall promptly notify the state board and the school district board thereof.
History: L. 1968, ch. 59, § 19; L. 1971, ch. 239, § 5; July 1.
The issue of the change of method of election or voting plan, or both, in any school district may be submitted to voters at any primary election or general election as defined in K.S.A. 25-2502, and amendments thereto, or at a special election called for such purpose. If approved by voters, the new method of election and voting plan in the school district shall be followed in the election of members next following the change and shall continue in force until again changed in the manner provided in this act. Change of method of election or voting plan shall not shorten the term of any member serving on the board at the time the change is made, and the county election officer shall not submit to election any plan of change which violates this prohibition.
History: L. 1968, ch. 59, § 20; L. 1971, ch. 239, § 6; L. 2015, ch. 88, § 69; L. 2019, ch. 36, § 8; April 25.
When a school district has a member district method of election the unified school district shall be divided into two member districts for the two district method, into three member districts for the three district method, and into six member districts for the six district method. Each member district shall be represented on the board by one or more persons residing in the member district. In the six district method, one member shall reside in each member district. In the three district method two members shall reside in each member district. In the two district method three members shall reside in each member district.
The member at-large may reside anywhere within the school district.
In the two district method the member district numbers shall be "one" and "two." In the three district method the member district numbers shall be "one," "two" and "three." In the six district method the member district numbers shall be "one," "two," "three," "four," "five" and "six."
In the six district method member position numbers shall correspond to the member district numbers. In the two district method the member position numbers shall be "one," "three" and "five" for member district one, and "two," "four" and "six" for member district two. In the three district method member position numbers shall be "one" and "four" for member district one, and "two" and "five" for member district two, and "three" and "six" for member district three.
The at-large member position shall not be numbered.
History: L. 1968, ch. 59, § 21; L. 1971, ch. 239, § 7; L. 1976, ch. 185, § 6; April 13.
The board of education of any unified school district established under the provisions of this act shall have seven (7) members as herein provided. Subject to K.S.A. 72-1093, two members of the board of education shall be nominated and elected by the electors in all of the territory of the unified school district, and one member of the board of education shall be nominated and elected by the electors in each of the five member districts of the unified school district. The members of the board of education shall each have a position number such that the board member from each member district shall have the same number that his member district bears. Subject to said K.S.A. 72-1093, each member district shall be given one of the numbers one, two, three, four or five and board member positions of members elected in the entire unified school district shall be given position number six (6) and seven (7).
Candidates for member of the board of education shall be qualified electors and reside in the member district bearing the same number as the member position for which the candidate files, except that candidates for position numbers six (6) and seven (7), or the position-at-large only if said K.S.A. 72-1093 becomes operative, shall reside at any place in the unified school district. Upon the death or resignation of a board member, or upon the removal of his residence from a member district, a vacancy shall occur in the board member position of such board member.
History: L. 1969, ch. 337, § 3; L. 1971, ch. 240, § 1; July 1.
The territory and boundaries of member districts shall be changed no more than once annually in accordance with this section. The board of education of such unified school district shall on or before December 31 of each year adopt its resolution specifying the boundaries of such member districts in accordance with changes made in such year. Such board of education shall maintain such member district boundaries along precinct lines insofar as is practicable, and the territory of each member district shall, giving due regard to the population of each member district, correspond as nearly as may be to attendance areas of the senior high schools of the unified school district for the succeeding year. Changes of member district territory and boundaries such that a member of the board of education no longer resides in the member district from which he was elected, whether such changes be made under this section or K.S.A. 72-1093, shall not shorten the term of such member. Any change of member district boundaries shall be promptly reported to the county election commissioner and the state board of education.
History: L. 1969, ch. 337, § 7; L. 1971, ch. 240, § 2; July 1.
In the event that a new senior high school is constructed in such unified school district, the board of education of the unified school district shall provide for a sixth member district to be numbered "six," and one member of the board of education shall be elected from such member district at each succeeding regular election. Thereupon only one member shall be elected at large from the entire unified school district and such board member shall have in lieu of a position number the designation position-at-large. In the event that this section becomes operative, other provisions of this act shall be construed accordingly.
History: L. 1969, ch. 337, § 8; L. 1971, ch. 240, § 3; July 1.
Revisor's Note: Section transferred to 72-3214.
History: L. 1968, ch. 20, § 3; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1919, ch. 257, § 1; R.S. 1923, 72-1102; Repealed, L. 1951, ch. 395, § 74; July 1.
Revisor's Note: Section transferred to 72-3217.
History: L. 1925, ch. 224, § 2; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1919, ch. 257, § 3; R.S. 1923, 72-1104; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1921, ch. 226, § 1; R.S. 1923, 72-1105; Repealed, L. 1943, ch. 248, § 42; June 30.
Revisor's Note: Section transferred to 72-3115.
History: L. 1973, ch. 280, § 1; Repealed, L. 1974, ch. 292, § 1; March 22.
Revisor's Note: Section transferred to 72-3116.
History: L. 1978, ch. 288, § 2; Repealed, L. 2001, ch. 9, § 1; July 1.
History: L. 1991, ch. 217, § 1; Repealed, L. 2001, ch. 9, § 1; July 1.
Revisor's Note: Section transferred to 72-3117.
Revisor's Note: Section transferred to 72-3118.
History: L. 1876, ch. 122, art. 5, § 4; L. 1877, ch. 170, § 2; R.S. 1923, 72-1108; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1876, ch. 122, art. 5, § 5; R.S. 1923, 72-1109; Repealed, L. 1943, ch. 248, § 42; June 30.
Revisor's Note: Section transferred to 72-3119.
Revisor's Note: Section transferred to 72-3120.
History: L. 1968, ch. 356, § 2; Repealed, L. 1969, ch. 312, § 6; May 10.
Revisor's Note: Section transferred to 72-3121.
History: L. 1972, ch. 277, §§ 1 to 3; Repealed, L. 1999, ch. 10, § 1; July 1.
Revisor's Note: Section transferred to 72-3235.
Revisor's Note: Section transferred to 72-3251.
Revisor's Note: Section transferred to 72-3252.
Revisor's Note: Section transferred to 72-3253.
Revisor's Note: Section transferred to 72-3254.
Revisor's Note: Section transferred to 72-3471.
Revisor's Note: Section transferred to 72-3472.
Revisor's Note: Section transferred to 72-3473.
Revisor's Note: Section transferred to 72-3474.
Revisor's Note: Section transferred to 72-3232.
Revisor's Note: Section transferred to 72-3218.
Revisor's Note: Section transferred to 72-3231.
Revisor's Note: Section transferred to 72-3233.
Revisor's Note: Section transferred to 72-3234.
Each unified school district shall be designated by the name and style of "unified school district No. ______ (the number designated by the state board of education), ____________ county (naming the home county of the unified school district), state of Kansas," and by such name may sue and be sued, execute contracts and hold such real and personal property as it may acquire. Every unified school district shall possess the usual powers of a corporation for public purposes. The board of education of every unified school district may delegate to the superintendent of schools the power to execute contracts on behalf of the district for the purchase of goods and services if the value of such goods or services is $20,000 or less.
History: L. 1963, ch. 393, § 15; L. 1965, ch. 420, § 12; L. 2001, ch. 158, § 3; L. 2006, ch. 129, § 1; April 27.
Notwithstanding any provision of K.S.A. 72-516 or 72-517 or any statement in any organization order, the name and style of every unified district shall be "unified school district No. ____, __________ county, state of Kansas."
History: L. 1965, ch. 410, § 18; May 17.
(a) At the first meeting of the board of education on or after the second Monday in January of each year, or at a later meeting during that calendar year if so determined by the board at the first meeting, the board shall elect a president and vice-president, both of whom shall be members of the board. The president and vice-president shall each serve for a term of one year and until a successor is elected and qualified.
(b) The president shall preside at meetings of the board and perform such other duties as are provided by law.
(c) In the absence or inability to act of the president, the vice-president shall perform the duties of the president. In the absence or inability to act of both the president and vice-president, the remaining members shall select a member to act in the capacity of president.
History: L. 1973, ch. 297, § 1; L. 2019, ch. 36, § 6; April 25.
(a) The board of education of each school district shall appoint a superintendent of schools for a term of not more than three (3) years. The board may appoint one or more assistant superintendents of schools, supervisors and principals for terms of not more than three (3) years. The board may give any assistant superintendent of schools the title of "assistant superintendent of schools," "deputy superintendent of schools" or "associate superintendent of schools." No person employed under the authority of this section shall be a member of the board. The superintendent, any assistant superintendents, supervisors and principals shall receive compensation fixed by the board.
(b) In the event that a vacancy occurs in the office of superintendent of schools, the board shall promptly fill such vacancy. Such a vacancy may either be filled by appointment of an acting superintendent of schools, or may be filled by appointment of a superintendent of schools as specified in subsection (a).
(c) The superintendent of schools shall have charge and control of the public schools of the school district, subject to the orders, rules and regulations of the board of education.
History: L. 1973, ch. 297, § 2; L. 1975, ch. 383, § 1; July 1.
(a) The board of education of each school district shall appoint a clerk, who shall serve at the pleasure of the board. The clerk shall receive compensation fixed by the board. The clerk shall not be a member of the board and shall not be the same person as the superintendent of schools or the treasurer.
(b) The clerk shall keep an accurate journal of the proceedings of the board of education. The clerk shall have the care and custody of the records, books and documents of the board. The clerk shall prepare and submit to or for the board all reports required of him by the board and by law.
History: L. 1973, ch. 297, § 3; July 1.
(a) The board of education of each school district shall appoint a treasurer, who shall serve at the pleasure of the board. The treasurer shall receive compensation fixed by the board. The treasurer shall not be a member of the board and shall not be the same person as the superintendent of schools or the clerk. Before entering upon the discharge of his duties, the treasurer shall furnish a corporate surety bond in an amount fixed by the board. Such bond shall be subject to approval by the board and shall be paid for by it.
(b) The treasurer shall deposit all moneys of the school district in accordance with the provisions of chapter 9, article 14, of Kansas Statutes Annotated. Each month the treasurer shall prepare a written report of the finances of the school district, and shall prepare such other reports as are required by the board or by law.
History: L. 1973, ch. 297, § 4; July 1.
In addition to the officers provided for in this act, the board of education of any school district may appoint other officers and employees to serve at the pleasure of the board. Such officers and employees shall receive compensation fixed by the board. Members of a board of education of a school district may receive compensation from the school district for the work and duties performed by such board members.
History: L. 1973, ch. 297, § 5; L. 2023, ch. 98, § 8; June 8.
(a) The board shall meet at least once each month. On or after the second Monday in January and before February 1 of each year, or at a later date during that calendar year if so determined by the board at the first meeting of the board on or after the second Monday in January of each year, the board shall adopt a resolution specifying a regular meeting time of the board and the regular hour of commencement of the meeting, as well as the day of the week and the week of the month. Such resolution also shall specify the alternative date and time of any meeting if the regular meeting date occurs on a Sunday or on a legal holiday or on a holiday specified by the board. Such resolution also shall specify the regular meeting place of the board and may specify that any regular meeting may be adjourned to another time and place. If the board cancels a regularly scheduled meeting because of an emergency, within 24 hours of such cancellation, the board shall establish and give notice of the new meeting date and time. Special meetings may be called at any time by the president of the board or by joint action of any three members of the board. Unless waived, written notice, stating the time and place of any special meeting and the purpose for which called, shall be given each member of the board at least two days in advance of the special meeting and no business other than that stated in the notice shall be transacted at such meeting. A majority of the full membership of the board shall constitute a quorum for the purpose of conducting any business of the school district, and the vote of a majority of the full membership of the board shall be required for the passage of any motion or resolution. Any member who abstains from voting shall be counted as having voted against the motion or resolution. If a member announces a conflict of interest with regard to the issue, the member may leave the meeting until the voting on the issue is concluded, and the member who abstains from voting thereby shall not be counted as having voted.
(b) Except as otherwise provided by law, the board shall have and may exercise the same powers and authorities as were immediately prior to this act conferred uniformly upon boards of education in cities of the first class, and, in addition thereto, the powers and authority expressly conferred by law.
(c) The board shall have authority to prescribe courses of study for each year of the school program and to adopt rules and regulations for teaching in the school district and general government thereof, and to approve and adopt suitable textbooks and study material for use therein subject to the plans, methods, rules and regulations of the state board of education.
(d) The board may provide legal counsel at district expense to any members of the board of education, or school district officers or employees who are sued in situations relating to and arising out of the performance of their office or employment. No teacher or other employment contract shall make reference to or incorporate the provisions of this subsection, nor shall the provisions of this subsection be construed to be any part of the consideration of employment of any teacher, officer or other employee of the board.
(e) (1) The board may transact all school district business and adopt policies that the board deems appropriate to perform its constitutional duty to maintain, develop and operate local public schools.
(2) The power granted by this subsection shall not be construed to relieve a board from compliance with state law.
The power granted by this subsection shall not be construed to relieve any other unit of government of its duties and responsibilities that are prescribed by law, nor to create any responsibility on the part of a school district to assume the duties or responsibilities that are required of another unit of government.
(3) The board shall exercise the power granted by this subsection by resolution of the board of education.
History: L. 1963, ch. 393, § 21; L. 1965, ch. 410, § 15; L. 1968, ch. 209, § 1; L. 1981, ch. 293, § 1; L. 2003, ch. 40, § 1; L. 2003, ch. 158, § 8; L. 2019, ch. 36, § 7; April 25.
"State board of education" means the constitutional state board of education.
History: L. 1968, ch. 209, § 2; March 26.
Board members shall be paid their necessary expenses incurred in the performance of their official duties.
History: L. 1968, ch. 59, § 33; July 1.
Whenever any judgment rendered against any school district becomes final, the board of education may levy a tax at the first tax levying period after such judgment becomes final, sufficient to pay such amount 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 amendments thereto, for the financing of redevelopment projects upon property located within the school district and such tax levy may be levied outside of tax levy limitations prescribed by law. Revenue from such levy shall be deposited in the special liability expense fund of the school district.
History: L. 1876, ch. 122, art. 4, § 31; R.S. 1923, 72-1032; L. 1943, ch. 248, § 30; L. 1967, ch. 370, § 1; L. 1979, ch. 52, § 183; L. 2003, ch. 116, § 11; July 1.
The unified district shall be legal successor to all of the rights, powers and authorities vested in boards of disorganized districts of the unified district except as is otherwise provided in any of the school unification acts. This provision shall be construed, but not by way of limitation, as being particularly applicable to powers and authorities with respect to bequests, legacies, trusts, and property or interest in property of any kind whatsoever. Any bequest, legacy, trust or donation may be placed in a separate fund of the district and if placed in such fund the same shall be exempt from budget law requirements and shall be used in compliance with the wishes of the donor as nearly as may be.
History: L. 1965, ch. 410, § 32; L. 1966, ch. 8, § 1 (Special Session); March 11.
The board of education of any unified school district may acquire, purchase, construct, rent, operate and maintain suitable quarters for the use of its teachers. Such quarters may consist of real or personal property or both, and may be referred to as "teacherages." The acquisitions of such property for teacherages shall be by resolution of the board of education, which shall be published once in a newspaper of general circulation within the county or counties where such school district is located. If, within thirty (30) days after publication of such resolution, there is filed a petition signed by qualified electors equal in number to not less than ten percent (10%) of the electors who voted at the last general school election, demanding that such resolution be submitted to a vote of the electors in such school district, such resolution shall not take effect until submitted to a referendum and approved by a majority of the qualified electors voting thereon. Such referendum may be held at a special election called for such purpose or at the general school election. Any school district may dispose of any teacherage or any interest therein or part thereof as provided by law for other school property.
History: L. 1968, ch. 131, § 1; July 1.
(a) A unified school district may acquire by condemnation, for school purposes, any interest in real property, including fee simple title. If, within 10 years after entry of final judgment under K.S.A. 26-511, and amendments thereto, the school district fails to construct substantial buildings or improvements that are used for school purposes on any real property acquired under this subsection, the school district shall notify the original owners or their heirs or assigns that they have an option to purchase the property from the school district for an amount equal to the compensation awarded for the property under the eminent domain procedures act. Such option shall expire if not exercised within a period of six months after the date of the expiration of the 10-year period.
(b) A unified school district may acquire by condemnation, for any purpose whatsoever, any reversionary interest held by others in real property which the school district has previously acquired by condemnation, deed or contract if:
(1) The district, or its predecessor districts, has constructed substantial improvements on the property; and
(2) the school district, or its predecessor districts, has held an interest in the property for at least 20 years.
(c) When the board of education of a unified school district considers it necessary to condemn a property interest pursuant to this section, the board shall declare the necessity by resolution and shall authorize a licensed land surveyor or a professional engineer who is competent to conduct a land survey to make a survey and description of the property and the interest to be condemned and to file them with the clerk of the board. The resolution shall be published once in a newspaper having general circulation in the school district. Upon the filing of the survey and description, the board of education shall provide by resolution for the acquisition of the property interest by condemnation. The resolution shall set forth a description of the property, the interest to be condemned and the purpose for which the property is and will be used. The board of education, as soon as practicable after the passage of the resolution, shall proceed to exercise the power of eminent domain in the manner provided by the eminent domain procedure act.
History: L. 1982, ch. 301, § 1; L. 2006, ch. 192, § 11; July 1.
The board of education of any school district or the board of trustees of any community junior college is hereby authorized to appropriate money out of its general fund to pay the annual dues in the Kansas association of school boards.
History: L. 1947, ch. 383, § 1; L. 1949, ch. 379, § 1; L. 1961, ch. 340, § 1; L. 1969, ch. 310, § 25; July 1.
(a) It is the public policy of the state of Kansas that all contracts entered into by the board of education of a school district, or any officers or employees thereof acting on behalf of the board, provide that the school district and board of education shall be responsible solely for the district's or board's actions or failure to act under a contract.
(b) The board of education of a school district or any officers or employees thereof acting on behalf of the board shall not have the authority to enter into a contract under which the school district or board agrees to, or is required to, indemnify or hold harmless against damages, injury or death resulting from the actions or failure to act on the part of any party to a contract other than the board or district.
(c) The provisions of any contract entered into in violation of this section shall be contrary to the public policy of the state of Kansas and shall be void and unenforceable.
History: L. 2005, ch. 158, § 1; July 1.
(a) It is the public policy of the state of Kansas that all contracts entered into by the board of education of a school district, or any officers or employees thereof acting on behalf of the board, shall be governed by and interpreted in accordance with the laws of the state of Kansas.
(b) The board of education of a school district and any of its officers or employees acting on behalf of the board shall have no power to enter into a contract which provides that the contract shall be governed by or interpreted in accordance with the laws of a state other than the state of Kansas.
(c) The board of education of a school district and any officers or employees thereof acting on behalf of the board shall have no power, pursuant to a contract, to submit to the jurisdiction of any court other than a court of the state of Kansas.
(d) The provisions of any contract entered into in violation of this section shall be contrary to the public policy of the state of Kansas and shall be void and unenforceable.
History: L. 2005, ch. 158, § 2; July 1.
(a) Except as provided by subsection (c), any contract entered into by the board of education of a school district or any of its officers or employees acting on behalf of the board shall contain the mandatory contract provisions prescribed by the department of administration in form DA-146a, as amended.
(b) Except as provided by subsection (c), any contract entered into after the effective date of this act shall be deemed to have incorporated the mandatory contract provisions prescribed by the department of administration in form DA-146a, as amended, even if such provisions are not specifically contained in such contract.
(c) The board of education of a school district may omit any of the mandatory contract provisions prescribed by the department of administration in form DA-146a, as amended, upon the affirmative recorded vote of a majority of the members of the board. The board shall not have the authority to waive or omit from the provisions of any contract the provisions of K.S.A. 72-1146 or 72-1147, and amendments thereto.
History: L. 2005, ch. 158, § 3; July 1.
The board of education of any school district, as lessee or lessor, may enter into written contracts for the use of real or personal property and, in addition to the foregoing, the board of education of any school district may enter into lease-purchase agreements as provided by K.S.A. 10-1116b, and amendments thereto. No board of education shall enter into any contract under authority of this section as lessor of any school bus, as defined in K.S.A. 72-6486, and amendments thereto. The term of any lease or lease-purchase agreement entered into under authority of this section may be for not to exceed 10 years. Such lease or lease-purchase agreement may provide for annual or other payment of rent or rental fees and may obligate the school district to payment of maintenance or other expenses. The provisions of the cash basis law shall not apply to any lease or lease-purchase agreement entered into under authority of this section in such a manner as to prevent the intention of this section from being made effective. Any lease-purchase agreement which is entered into under authority of this section by any school district and which involves the acquisition of land or buildings is subject to the provisions of K.S.A. 10-1116c, and amendments thereto.
History: L. 1970, ch. 298, § 1; L. 1977, ch. 258, § 1; L. 1981, ch. 269, § 2; L. 1990, ch. 74, § 4; L. 1997, ch. 54, § 1; July 1.
(a) Notwithstanding any provision of K.S.A. 72-1149 to the contrary, the board of education of any school district, all or any part of which is located in any county having a population of more than three hundred thousand (300,000), as lessee, may enter into written contracts for the use of equipment, land or improvements. Any such contract may provide for annual or other payment of rent or for the payment as compensation for such use a sum substantially equivalent to or in excess of the value of such equipment, land or improvements under an agreement that the lessee shall become, or for no further or a merely nominal consideration has the option of becoming, the owner of such equipment, land or improvements upon full compliance with the provisions of the contract.
(b) Any such board of education, as lessor, may enter into written contracts with any governmental agency for the use of equipment, land or improvements which is owned by the school district. Any net proceeds received under any contract under this subsection shall be deposited in the capital outlay fund or the general fund of the school district or, if such equipment, land or improvements shall have been acquired from the proceeds of a bond issue which shall not have been fully retired at the time such contract is entered into, such net proceeds shall be deposited in the fund for bonds and interest on bonds of the school district.
(c) The term of any lease authorized by subsections (a) or (b) of this section may be for not to exceed twenty (20) years.
(d) Any contract made under authority of this section shall be subject to change or termination at any time by special or general act of the legislature. Any assignment of the lessor's rights in any contract made under subsection (a) of this section shall contain a citation of this section and a recitation that the contract and assignment thereof are subject to change or termination by special or general act of the legislature. The provisions of the cash basis and budget laws shall not apply to any lease made under authority of this section in such a manner as to prevent the intention of this section from being made effective.
(e) Prior to entering any contract made under authority of subsection (a) of this section, the board of education shall submit to the electors of the school district the question of authorizing the board to enter into such contract, and upon the affirmative vote of the majority of those voting thereon, the board shall be authorized to enter into such contract. Such election shall be held in the manner provided by law for elections on questions submitted in the district.
History: L. 1974, ch. 282, § 1; July 1.
(a) Except as provided by this section and K.S.A. 72-6760b, no expenditure involving an amount greater than $20,000 for construction, reconstruction or remodeling or for the purchase of materials, goods or wares shall be made by the board of education of any school district except upon sealed proposals, and to the lowest responsible bidder.
(b) The provisions of subsection (a) do not apply to expenditures by a board of education for the purchase of:
(1) Services;
(2) products required to be purchased under the provisions of K.S.A. 75-3317 through 75-3322, and amendments thereto;
(3) educational materials directly related to curriculum and secured by copyright;
(4) motor fuels required to provide or furnish transportation;
(5) food and foodstuffs necessary for the implementation or operation of any child nutrition program;
(6) articles or products that are produced, manufactured or provided by inmates under the prison-made goods act of Kansas;
(7) natural gas that will be consumed in buildings owned or operated by the school district;
(8) materials, goods or wares required for reconstructing, remodeling, repairing or equipping buildings when such purchase has been necessitated by the occurrence of a loss against which the board of education has purchased property or casualty insurance; and
(9) materials, goods or wares which are purchased:
(A) From vendors who have entered into contracts with the state director of purchases pursuant to state purchasing statutes for purchases by state agencies;
(B) under the same pricing provisions established in the state contracts, subject to agreement of the vendor to honor the state contract prices; and
(C) under the same pricing provisions established in federal, national or other state contracts facilitated by a federal or local governmental entity or agency, subject to:
(i) Agreement of the vendor to honor the contract prices; and
(ii) approval by the board of education for expenditures in an amount greater than $20,000.
(c) Whenever the board of education of any school district lets bids for the purchase of materials, goods or wares and bids are submitted by bidders domiciled within the school district and by bidders domiciled outside the school district and the low bid is submitted by a bidder domiciled outside the school district, the school district domiciliary which submitted the lowest bid may be deemed the preferred bidder and awarded the bid if:
(1) The quality, suitability and usability of the materials, goods or wares are equal;
(2) the amount of the bid of the school district domiciliary is not more than 1% greater than the amount of the low bid; and
(3) the school district domiciliary agrees to meet the low bid by filing a written agreement to that effect within 72 hours after receiving notification of being deemed the preferred bidder.
(d) The provisions of subsection (c) do not apply to expenditures for construction, reconstruction or remodeling.
History: L. 1963, ch. 393, § 27; L. 1969, ch. 334, § 2; L. 1974, ch. 308, § 1; L. 1979, ch. 231, § 1; L. 1982, ch. 297, § 1; L. 1986, ch. 273, § 1; L. 1989, ch. 217, § 1; L. 1990, ch. 256, § 1; L. 1991, ch. 226, § 10; L. 1999, ch. 86, § 1; L. 2002, ch. 183, § 2; L. 2003, ch. 53, § 2; July 1.
K.S.A. 72-1152 through 72-1157, and amendments thereto, shall be known and may be cited as the Kansas unified school district alternative project delivery building construction procurement act.
History: L. 2008, ch. 148, § 9; July 1.
As used in the Kansas unified school district alternative project delivery construction procurement act, unless the context expressly provides otherwise:
(a) "Act" means the Kansas unified school district alternative project delivery building construction procurement act.
(b) "Board" means board of education of every unified school district in Kansas, as defined in K.S.A. 72-1131, and amendments thereto, with the authority to award public contracts for building design and construction.
(c) "Alternative project delivery" means an integrated comprehensive building design and construction process, including all procedures, actions, sequences of events, contractual relations, obligations, interrelations and various forms of agreement all aimed at the successful completion of the design and construction of buildings and other structures whereby a construction manager or general contractor is selected based on a qualifications and best value approach.
(d) "Ancillary technical services" include, but shall not be limited to, geology services and other soil or subsurface investigation and testing services, surveying, adjusting and balancing air conditioning, ventilating, heating and other mechanical building systems and testing and consultant services that are determined by the board to be required for the project.
(e) "Architectural services" means those services described as the "practice of architecture," as defined in K.S.A. 74-7003, and amendments thereto.
(f) "Best value selection" means a selection based upon project cost, qualifications and other factors.
(g) "Building construction" means furnishing labor, equipment, material or supplies used or consumed for the design, construction, alteration, renovation, repair or maintenance of a building or structure. Building construction does not include highways, roads, bridges, dams, turnpikes or related structures or stand-alone parking lots.
(h) "Construction services" means the process of planning, acquiring, building, equipping, altering, repairing, improving or demolishing any structure or appurtenance thereto, including facilities, utilities or other improvements to any real property, excluding stand-alone parking lots.
(i) "Construction management at-risk services" means the services provided by a firm which has entered into a contract with the board to be the construction manager or general contractor for the value and schedule of the contract for a project, which is to hold the trade contracts and execute the work for a project in a manner similar to a general contractor, and which is required to solicit competitive bids for the trade packages developed for the project and to enter into the trade contracts for a project with the lowest responsible bidder therefor. Construction management at-risk services may include, but are not limited to, scheduling, value analysis, system analysis, constructability reviews, progress document reviews, subcontractor involvement and prequalification, subcontractor bonding policy, budgeting and price guarantees and construction coordination.
(j) "Construction management at-risk contract" means the contract whereby the board acquires from a construction manager or general contractor a series of preconstruction services and an at-risk financial obligation to carry out construction under a specified cost agreement.
(k) "Construction manager or general contractor" means any individual, partnership, joint venture, corporation, or other legal entity who is a member of the integrated project team with the board, design professional and other consultants that may be required for the project, who utilizes skill and knowledge of general contracting to perform preconstruction services and competitively procures and contracts with specialty contractors assuming the responsibility and the risk for construction delivery within a specified cost and schedule terms including a guaranteed maximum price.
(l) "Cost plus guaranteed maximum price contract" means a cost-plus-a-fee contract with a guaranteed maximum price. This includes the sum of the construction manager's fee, the construction manager's contingency, the construction manager's general conditions, all the subcontracts, plus an estimate for unbid subcontracts. The construction manager agrees to pay for costs that exceed the guaranteed maximum price and are not a result of changes in the contract documents.
(m) "Engineering services" means those services described as the "practice of engineering," as defined in K.S.A. 74-7003, and amendments thereto.
(n) "Firm" means any individual, partnership, joint venture, corporation or other legal entity which is engaged in the business of providing construction management or general construction contracting services.
(o) "Guaranteed maximum price" means the cost of the work as defined in the contract.
(p) "Selection recommendation committee" means school board or a committee appointed by the school board.
(q) "Parking lot" means a designated area constructed on the ground surface for parking motor vehicles. A parking lot included as part of a building construction project shall be subject to the provisions of this act. A parking lot designed and constructed as a stand-alone project shall not be subject to the provisions of this act.
(r) "Preconstruction services" means a series of services that can include, but are not necessarily limited to: Design review, scheduling, cost control, value engineering, constructability evaluation and preparation and coordination of bid packages.
(s) "Project services" means architectural, engineering services, land surveying, construction management at-risk services, ancillary technical services or other construction-related services determined by the board to be required by the project.
(t) "Public construction project" means the process of designing, constructing, reconstructing, altering or renovating a unified school district building or other structure. Public construction project does not include the process of designing, constructing, altering or repairing a public highway, road, bridge, dam, turnpike or related structure.
History: L. 2008, ch. 148, § 10; L. 2010, ch. 57, § 6; L. 2014, ch. 88, § 4; July 1.
(a) Notwithstanding any other provision of the law to the contrary, the board is hereby authorized to institute an alternative project delivery program whereby construction management at-risk procurement processes may be utilized on public projects pursuant to this act. This authorization for construction management at-risk procurement shall be for the sole and exclusive use of planning, acquiring, designing, building, equipping, altering, repairing, improving or demolishing any structure or appurtenance thereto, including facilities, utilities or other improvements to any real property, but shall not include stand-alone parking lots.
(b) The board may only approve those projects for which the use of the alternative project delivery procurement process is appropriate. In making such determination, the board shall consider the following factors:
(1) The likelihood that the alternative project delivery method of procurement selected will serve the public interest by providing substantial savings of time or money over the traditional design-bid-build delivery process.
(2) The ability to overlap design and construction phases is required to meet the needs of the end user.
(3) The use of an accelerated schedule is required to make repairs resulting from an emergency situation.
(4) The project presents significant phasing or technical complexities, or both, requiring the use of an integrated team of designers and constructors to solve project challenges during the design or preconstruction phase.
(5) The use of an alternative project delivery method will not encourage favoritism in awarding the public contract or substantially diminish competition for the public contract.
(c) When a board intends to utilize an alternative project delivery method, the board shall allow public comment on this intention at a school board meeting. Notice of this intention shall be clearly stated on the board agenda and in the official newspaper of the school district. Public comment on this intention at a board meeting shall occur before the selection process set forth in this statute may commence.
(d) Notwithstanding the provisions of K.S.A. 72-1151, and amendments thereto, if the board deems that the project does not qualify for the alternative project delivery method included under this act, then the construction services for such project shall be obtained pursuant to competitive bids and all contracts for construction services shall be awarded to the lowest responsible bidder consistent with the provisions of K.S.A. 72-1151, and amendments thereto.
History: L. 2008, ch. 148, § 11; July 1.
Construction management at-risk project delivery procedures shall be conducted as follows:
(a) The board shall determine the scope and level of detail required to permit a qualified firm to submit construction management at-risk proposals in accordance with the request for proposals given the nature of the project.
(b) Prior to completion of the construction documents, or as early as during the initiation of the project, the construction manager or general contractor shall be selected. The project design professional may be employed or retained by the board to assist in the selection process.
(c) The board shall publish a notice of the request for qualifications and proposals for the required project services at least 15 days prior to the commencement of such requests in the official newspaper of the school district and with a statewide school board or construction industry association website in accordance with K.S.A. 64-101, and amendments thereto, to the associated general contractors of Kansas and in such other appropriate manner as may be determined by the board.
(d) The board shall solicit proposals in a three stage qualifications based selection process. Phase I shall be the solicitation of qualifications and prequalifying a minimum of three but no more than five firms to advance to phase II. Phase II shall be the solicitation of a request for proposal for the project, and phase III shall include an interview with each proposer to present their qualifications and answer questions.
(1) Phase I shall require all firms to submit a statement of qualifications which shall include, but not be limited to:
(A) Similar project experience;
(B) experience in this type of project delivery system;
(C) references from design professionals and owners from previous projects;
(D) description of the construction manager or general contractor's project management approach; and
(E) bonding capacity. Firms submitting a statement of qualifications shall be capable of providing a public works bond in accordance with K.S.A. 60-1111, and amendments thereto, and shall present evidence of such bonding capacity to the board with their statement of qualifications. If a firm fails to present such evidence, such firm shall be deemed unqualified for selection under this subsection.
(2) The board shall evaluate the qualifications of all firms in accordance with the instructions of the request for qualifications. The board shall prepare a short list containing a minimum of three and maximum of five qualified firms, which have the best and most relevant qualifications to perform the services required of the project, to participate in phase II of the selection process. If the board receives qualifications from less than four firms, all firms shall be invited to participate in phase II of the selection process. The board shall have discretion to disqualify any firm that, in the board's opinion, lacks the minimal qualifications required to perform the work.
(3) Phase II of the process shall be conducted as follows:
(A) Prequalified firms selected in phase I shall be given a request for proposal. The request for proposal shall require all firms to submit a more in depth response including, but not be limited to:
(i) Company overview;
(ii) experience or references, or both, relative to the project under question;
(iii) resumes of proposed project personnel;
(iv) overview of preconstruction services;
(v) overview of construction planning; and
(vi) proposed safety plan.
(B) All prequalified firms shall submit proposed fees in a format required by the department of administration, including fees for preconstruction services, fees for general conditions, fees for overhead and profits directly and only to the secretary of administration. The secretary of administration shall score and rank the proposals for the best value and report such findings to the selection recommendation committee after all other interviews and scoring have been completed. The recommendations of the secretary of administration to the selection recommendation committee shall be open for public review. The scores on fees and profits shall not account for more than 25% of the total possible score.
(4) Phase III shall be conducted as follows:
(A) Once all proposals have been submitted, the selection recommendation committee shall interview each of the firms in executive session, allowing the competing firms to present their proposed team members, qualifications, project plan and to answer questions. All other discussion and any action taken in the selection process shall be held in an open meeting. Interview scores shall not account for more than 50% of the total possible score.
(B) The selection recommendation committee shall select the firm providing the best value based on the proposal criteria, weighting factors utilized to emphasize important elements of each project for approval by the board and recommendation of the secretary of administration. All scoring criteria and weighting factors shall be identified by the board in the request for proposal instructions to firms. The selection recommendation committee shall proceed to negotiate with and attempt to enter into a construction management at-risk contract with the firm receiving the best total score to serve as the construction manager or general contractor for the project. Should the selection recommendation committee be unable to negotiate a satisfactory contract with the firm scoring the best total score, negotiations with that firm shall be terminated, and the committee shall undertake negotiations with the firm with the next best total score, in accordance with this act.
(C) If the selection recommendation committee determines, that it is not in the best interest of the board to proceed with the project pursuant to the proposals offered, the selection recommendation committee shall reject all proposals. If all proposals are rejected, the board may solicit new proposals using different design criteria, budget constraints or qualifications.
(D) The construction management at-risk contract for a project shall be prepared by the board and entered into between the board and the firm performing such construction management at-risk services. A construction management at-risk contract utilizing a cost plus guaranteed maximum price contract value shall return all savings under the guaranteed maximum price to the school district.
(E) The board or the construction manager at-risk, at the board's discretion shall publish a construction services bid notice in the official newspaper of the school district and website of a statewide school board association or construction industry association and in such other appropriate manner for the construction manager or general contractor as may be determined by the board. Each construction services bid notice shall include the request for bids and other bidding information prepared by the construction manager or general contractor and the board. The board may allow the construction manager or general contractor to self-perform construction services provided the construction manager or general contractor submits a sealed bid proposal under the same conditions as all other competing firms. At the time for opening the bids, the construction manager or general contractor shall evaluate the bids and shall determine the lowest responsible bidder except in the case of self-performed work for which the board shall determine the lowest responsible bidder. The construction manager or general contractor shall enter into a contract with each firm performing the construction services for the project and make a public announcement of each firm selected at the first school board meeting following the selection.
History: L. 2008, ch. 148, § 12; L. 2010, ch. 57, § 7; L. 2015, ch. 11, § 1; July 1.
Every bid proposal conforming to the terms of the advertisement, together with the name of the firm, shall be recorded, and all such records with the name of the successful firm indicated thereon shall, after award or letting of the contract, be subject to public inspection upon request. The board shall, within five days after award or letting of the contract, publish the name of the successful firm. The public notice on public display shall show the phase II and III scores and the adjusted final score. The board shall, within five days after award or letting of the contract, have the names of all firms whose bid proposals were not selected, together with phase II and III scores and the final adjusted score for each, available for public review.
History: L. 2008, ch. 148, § 13; L. 2010, ch. 57, § 8; July 1.
The provisions of the Kansas unified school district alternative project delivery building construction procurement act shall not apply to the process of designing, constructing, altering or repairing stand-alone parking lots.
History: L. 2008, ch. 148, § 14; July 1.
The fiscal year of each school district shall close on the last day of June of each year.
History: L. 1965, ch. 410, § 17; L. 1970, ch. 293, § 1; L. 1972, ch. 276, § 1; L. 1992, ch. 280, § 45; July 1.
Every school district shall be a municipality for the purpose of K.S.A. 79-2925 to 79-2968, inclusive, and acts amendatory thereof and supplemental thereto. The annual budget amounts of ad valorem tax to be levied of every school district shall be certified to the county clerk of the home county of the school district. The county clerk of the home county of each school district, the territory of which is located in more than one county, shall certify the final tax levy rate computed pursuant to K.S.A. 79-1803 of such school district to the county clerk of every other county in which a part of the territory of such school district is located.
History: L. 1969, ch. 334, § 3; L. 1981, ch. 379, § 6; July 1.
(a) (1) Each year the board of education of a school district shall conduct an assessment of the educational needs of each attendance center in the district. Such assessment shall be published on the school district's website. Information obtained from such needs assessment shall be used by the board when approving the budget of the school district to ensure improvement in student academic performance. In the minutes of the meeting at which the board approves its annual budget, the board shall include that such needs assessment was provided to the board, the board evaluated such assessment and how the board used such assessment in the approval of the school district's budget.
(2) Each year, the board of education of a school district shall review state assessment results and, as part of such review, shall document the following:
(A) The barriers that must be overcome to have all students achieve proficiency above level 2 for grade level academic expectations on such assessments;
(B) any budget actions, including, but not limited to, recommendations on reallocation of resources that should be taken to address and remove such barriers; and
(C) the amount of time the board estimates it will take for all students to achieve proficiency above level 2 for grade level academic expectations on the state assessments if such budget actions are implemented.
(3) The budget of the school district shall allocate sufficient moneys in a manner reasonably calculated such that all students may achieve the goal set forth in K.S.A. 72-3218(c), and amendments thereto. The board also shall prepare a summary of the budget for the school district. The budgets and summary shall be in the form prescribed by the director pursuant to K.S.A. 79-2926, and amendments thereto.
(b) The budgets, the summary of the proposed budget, the needs assessment and the state assessment documentation shall be on file at the administrative offices of the school district and available on the school district's website.
(c) The notice required to be published by K.S.A. 79-2929, and amendments thereto, shall include a statement that the budgets, the summary of the proposed budget, the needs assessment and state assessment documentation is on file at the administrative offices of the district and available on the school district's website.
History: L. 2003, ch. 116, § 21; L. 2006, ch. 197, § 26; L. 2021, ch. 114, § 8; L. 2022, ch. 94, § 12; July 1.
(a) From and after July 1, 2004, each year the board of education of a school district shall prepare a profile of the school district. The profile shall include any information specified by the state department of education to be included in such profile, including but not limited to, information relating to the governing body of the school district, an overview of the budget of the school district adopted by the board pursuant to K.S.A. 79-2925 through 79-2935, and amendments thereto, and the budgetary process.
(b) The profile of the school district shall be on file at the administrative offices of the school district. Copies of the profile of the school district shall be available upon request.
(c) The notice required to be published by K.S.A. 79-2929, and amendments thereto, shall include a statement that a profile of the school district will be on file at the administrative offices of the district after the board adopts the budget for the ensuing budget year and that copies of the profile will be available upon request.
History: L. 2003, ch. 116, § 22; July 1.
(a) The purpose of this section is to allow any person desiring to obtain, analyze and compare financial and performance data of school districts the ability to do so.
(b) On or before December 31, 2005, the state board of education shall design and implement a uniform system of reporting of such data by school districts. Such system shall be an internet-based data reporting system which is freely available and accessible. Such system shall allow a person to search and manipulate the data and allow for the comparison of data on a district by district basis. Such system may be designed so that school districts may input directly the district's financial and performance data in lieu of reporting data to the state board.
History: L. 2005, ch. 152, § 2; L. 2005, ch. 2, § 14 (Special Session); July 28.
(a) Each school district shall compile and report expenditures of the district in providing programs required by law and the number of pupils enrolled in such programs. Such information shall be compiled and reported in the manner required by the department.
(b) The department shall verify, on an on-going basis, expenditures of school districts in providing programs required by law and the number of pupils enrolled in such programs. Such verification may be conducted on a sample-basis of school districts.
History: L. 2005, ch. 194, § 1; May 19.
(a) This section shall be known and may be cited as the Kansas uniform financial accounting and reporting act.
(b) As used in this section:
(1) "Budget summary" means a one-page summary of the official budget adopted by the board of education of the school district, and shall include, but is not limited to, graphs depicting the total expenditures in the budget by category, supplemental and general fund expenditures, instruction expenditures, enrollment figures, mill rates by fund and average salaries. For purposes of this section, a one-page budget at a glance format developed by the state board, and any successor format shall be deemed a budget summary, provided it complies with the requirements of this section.
(2) "Reporting system" means the uniform reporting system, including a uniform chart of accounts, developed by the state board as required by this section.
(3) "School district" means a unified school district organized and operated under the laws of this state.
(4) "State board" means the state board of education.
(c) The state board shall develop and maintain a uniform reporting system for the receipts and expenditures of school districts. The accounting records maintained by each school district shall be coordinated with the uniform reporting system. Each school district shall record the receipts and expenditures of the district in accordance with a uniform classification of accounts or chart of accounts and reports as shall be prescribed by the state board. Each school district shall submit such reports and statements as may be required by the state board. The state board shall design, revise and direct the use of accounting records and fiscal procedures and prescribe uniform classifications for receipts and expenditures for all school districts. The reporting system shall include all funds held by a school district regardless of the source of the moneys held in such funds, including, but not limited to, all funds funded by fees or other sources of revenue not derived from tax levies. The state board shall prescribe the necessary forms to be used by school districts in connection with such uniform reporting system.
(d) The reporting system developed by the state board shall be developed in such a manner that allows school districts to record and report any information required by state or federal law.
(e) The reporting system shall provide records showing by funds, accounts and other pertinent classifications, the amounts appropriated, the estimated revenues, actual revenues or receipts, the amounts available for expenditure, the total and itemized expenditures, the unencumbered cash balances, excluding state aid receivable, actual balances on hand and the unencumbered balances of allotments or appropriations for each school district.
(f) The reporting system shall allow a person to search the data and allow for the comparison of data by school district.
(g) Each school district shall annually submit a report to the state board on all construction activity undertaken by the school district which was financed by the issuance of bonds and which such bonds have not matured. Such report shall include all revenue receipts, all expenditures of bond proceeds authorized by law, the dates for commencement and completion of such construction activity, the estimated cost and the actual cost of such construction activity. The information provided in the report shall be in a form so as to readily identify such information with a specific construction project. Such report shall be submitted in a form and manner prescribed by the state board in accordance with the provisions of this section.
(h) From and after July 1, 2012, the board of education of each school district shall record and report the receipts and expenditures of the district in the manner prescribed by the state board in accordance with this section.
(i) (1) Each school district shall annually publish on such district's internet website:
(A) A copy of form 150, estimated legal maximum general fund budget, or any successor document containing the same or similar information, that was submitted by such district to the state board of education for the immediately preceding school year; and
(B) the budget summary for the current school year and actual expenditures for the immediately preceding two school years showing total dollars net of transfers and dollars per pupil for each of the following:
(i) Function 1000, instruction;
(ii) function 2100, student support;
(iii) function 2200, instructional staff support;
(iv) functions 2300 through 2500, administration;
(v) function 2600, operation and maintenance;
(vi) function 2700, transportation;
(vii) function 3100, food service;
(viii) functions 2900, 3200 and 3300, other current spending;
(ix) function 4000, capital outlay;
(x) function 5100, debt service;
(xi) the total expenditures which is the sum of the amounts in clauses (i) through (x);
(xii) the spending allocated to function 1000, instruction, excluding capital outlay and debt service expenditures, as a percentage of total expenditures;
(xiii) the spending allocated to function 1000, instruction, excluding capital outlay and debt service expenditures, as a percentage of current spending, which is the sum of expenditures for functions 1000 through 3300 less capital outlay and debt service expenditures included in any of those functions; and
(xiv) the revenue in total dollars net of transfers both in total and disaggregated to show the amount of revenue received from local, state and federal revenue sources.
(2) For purposes of subsection (i)(1)(B), all per pupil amounts shall be calculated using the full-time equivalent enrollment of the school district. All function categories and other accounting categories shall refer to those same categories as established and required for financial accounting purposes by the state board as published in the Kansas state department of education's Kansas accounting handbook for unified school districts, as published in August 2012, or later versions as established in rules and regulations adopted by the state board.
(3) Publications required by this subsection shall be made available to the public at every meeting held by the board of education of each school district when the board is discussing the district's budget or any other school finance matter.
(j) The department of education shall annually publish on its internet website:
(1) All of the publications required under subsection (i); and
(2) the following expenditures for each school district on a per pupil basis:
(A) Total expenditures;
(B) capital outlay expenditures;
(C) bond and interest expenditures; and
(D) all other expenditures not included in subparagraph (B) or (C).
(k) All reports prepared pursuant to this section shall be published in accordance with K.S.A. 2025 Supp. 72-1181, and amendments thereto.
History: L. 2006, ch. 197, § 2; L. 2011, ch. 106, § 4; L. 2013, ch. 99, § 8; L. 2014, ch. 93, § 45; L. 2019, ch. 19, § 6; July 1.
Whenever the board of education of any school district shall make a finding that such school district has a temporary cash deficit in any school district fund, such school district may issue temporary notes of the school district for the purpose of borrowing money to meet such temporary cash deficit. The proceeds of any notes issued pursuant to this section shall be credited to the fund found to have such deficit. Such notes may be issued only with the approval of the state board of tax appeals. Temporary notes issued pursuant to this act shall mature, be retired and paid during the fiscal year during which they are issued. Such notes shall be retired from the proceeds of distributions to the fund in which the temporary cash deficit occurred. Such notes shall be in a form prescribed by the state board of education and may bear interest at a rate not to exceed 5% per annum. No such notes may be issued in an amount in excess of anticipated receipts during the fiscal year of the fund in which the temporary cash deficit occurred. If any such anticipated receipts are not received during the fiscal year in which such notes are issued, such notes shall be retired in the next succeeding fiscal year from the proceeds of later received distributions to such fund or shall be retired from a tax levy upon the taxable tangible property in the school district in an amount sufficient to retire such notes, which levy shall be made at the next tax levying period.
History: L. 1973, ch. 298, § 1; L. 2008, ch. 109, § 64; L. 2014, ch. 141, § 58; July 1.
Whenever a school district is required by law to make any payment during the month of June and there is insufficient revenue to make such payment as a result of the payment of state aid after the date prescribed by the state board of education pursuant to K.S.A. 72-5135, and amendments thereto, the school district shall make such payment as soon as moneys are available.
History: L. 2003, ch. 139, § 4; L. 2015, ch. 4, § 57; L. 2017, ch. 95, § 84; July 1.
Whenever any school district in this state lies partly within two or more counties, it shall be the duty of the treasurer of the county, or counties, which are not the home county of the school district, to distribute to the school district all moneys in such treasurer's possession belonging to such school district in the manner provided for the distribution of taxes pursuant to K.S.A. 12-1678a and amendments thereto. The treasurer of the school district upon receiving such money shall issue a receipt to each of the following: The county treasurer and the county clerk of the county sending such money and the county treasurer and the county clerk of the home county of the school district. The county clerk of the county sending such money, upon receiving such a receipt, shall notify the board of county commissioners of such county, and it shall give the county treasurer proper credit therefor.
History: L. 1969, ch. 334, § 1; L. 1982, ch. 73, § 2; April 8.
History: L. 2006, ch. 197, § 6; Repealed, L. 2018, ch. 57, § 18; July 1.
(a) The secretary for children and families shall pay tuition to the board of education of any school district for children in any institution under the jurisdiction of the secretary who attend any of the schools of such school district. The amount of tuition shall be determined on the basis of the average operating cost per pupil of the school district, less the proportionate amount of state aid received by such school district as determined by the state board of education. Whenever feasible, the board of education of such school district shall work with the Kansas department for children and families to maximize federal matching funds.
(b) Payments of tuition received under this section by the board of education of any school district for attendance of children at school in regular educational programs shall be deposited in the tuition reimbursement fund.
(c) There is hereby established in every district a fund which shall be called the tuition reimbursement fund, which fund shall consist of all moneys deposited therein or transferred thereto according to law. The expenses of a district attributable to the costs of providing educational services to a child in an institution under the jurisdiction of the secretary who attends the school shall be paid from the tuition reimbursement fund.
History: L. 1969, ch. 313, § 1; L. 1993, ch. 264, § 5; L. 2003, ch. 116, § 24; L. 2014, ch. 115, § 293; July 1.
(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, for pupils housed at a psychiatric residential treatment facility 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, for pupils housed at a psychiatric residential treatment facility 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 Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto.
(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, housed at a psychiatric residential treatment facility or confined in a juvenile detention facility if such pupils had been counted as two pupils under the school district finance and quality performance act and compare such computed amount to the amount certified 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 districts 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) On or before July 1 of each year, the secretary for aging and disability services shall submit to the Kansas department of education a list of facilities which have been certified and licensed as psychiatric residential treatment facilities.
(g) As used in this section:
(1) "Enrollment" means the number of pupils who are: (A) Residing at the Flint Hills job corps center, confined in a juvenile detention facility or residing at a psychiatric residential treatment facility; and (B) 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;
(2) "juvenile detention facility" means any public or private facility which is used for the lawful custody of accused or adjudicated juvenile offenders and which shall not be a jail; and
(3) "psychiatric residential treatment facility" means a facility which provides psychiatric services to individuals under the age of 21 and which conforms with the regulations of the centers for medicare/medicaid services, is licensed and certified by the Kansas department for aging and disability services pursuant to subsection (f).
History: L. 1994, ch. 307, § 11; L. 1995, ch. 160, § 13; L. 1996, ch. 161, § 1; L. 1999, ch. 165, § 8; L. 2000, ch. 95, § 3; L. 2001, ch. 215, § 3; L. 2002, ch. 196, § 6; L. 2007, ch. 76, § 2; L. 2008, ch. 147, § 10; L. 2014, ch. 115, § 292; L. 2015, ch. 4, § 49; L. 2017, ch. 95, § 77; July 1.
(a) As used in this section:
(1) "Community foundation" or "foundation" means any community foundation or community trust to which deductible contributions can be made by individuals, corporations, public charities and private foundations, as well as other charitable organizations and governmental agencies for the overall purposes of the foundation or to particular charitable and endowment funds established under agreement with the foundation or trust for the charitable benefit of the people of a specific geographic area and which is a nonprofit organization exempt from federal income taxation pursuant to section 501(a) of the internal revenue code of 1986, as in effect on the effective date of this act, by reason of qualification under section 501(c)(3) of the internal revenue code of 1986, as in effect on the effective date of this act, and which is deemed a publicly supported organization and not a private foundation within the meaning of section 509(a)(1) of the internal revenue code of 1986, as in effect on the effective date of this act.
(2) "Moneys" means any moneys derived from gifts or donations to the school district which are not immediately required for the purposes for which the moneys were received.
(b) The board of education of any school district may transfer moneys to a community foundation. Moneys transferred to a foundation pursuant to this section shall be deposited into a restricted fund by the foundation and shall remain subject to any restrictions imposed by the original donor of such moneys. Any distribution from the fund shall be made: (1) To, or for the benefit of, the school district; or (2) for a specific purpose as directed by the original donor, or the successors or agents of such donor, and agreed to by the school district.
History: L. 2009, ch. 68, § 1; July 1.
(a) The board of education of any school district, pursuant to a policy developed and adopted by the board, may provide for the acquisition of credit cards in the name of the school district for use by designated officers and employees of the school district. The policy shall prescribe limitations and restrictions on the use of such credit cards and on the amounts and categories of expenses which may be paid through use of such credit cards. The policy shall provide for maintenance of a public record of all expenditures for payment of charges incurred by the school district through use of credit cards.
(b) The provisions and restrictions of the cash basis and budget laws of this state shall not apply to the provisions of this section in any manner so as to prevent the intention of this section from being made effective.
History: L. 2001, ch. 158, § 1; May 17.
The board of education of any school district, pursuant to a policy developed and adopted by the board, may provide for the acceptance of payment in the form of a credit or debit card of fees, tuition or other charges imposed by the school district. The policy may provide for imposition of an additional fee to recover the actual amount of any costs incurred by the school district by reason of the method of payment used. The policy also may provide for establishment by the school district of secure internet sockets that will allow payment by a credit or debit card via the internet. Any transactions involving payment by credit card pursuant to this section shall not be subject to the provisions of K.S.A. 16a-2-403, and amendments thereto.
History: L. 2001, ch. 158, § 2; May 17.
(a) The board of education of any school district may authorize, by separate resolutions, the establishment of petty cash funds from which to make needed expenditures for school district purposes in emergencies.
Every such resolution shall specify the general purpose for which the petty cash fund is to be established, authorize an employee of the school district to administer the petty cash fund, and designate an amount of moneys, not to exceed $1,500, to be maintained in the petty cash fund.
(b) The employee authorized to administer any petty cash fund established by any resolution provided for in this section shall keep a record of all receipts and expenditures from the fund, and shall, from time to time, and at the end of each school year, prepare a statement for the board of education showing all receipts, expenditures, and the balance in the petty cash fund. The petty cash fund shall be replenished by payment from the appropriate funds of the school district to the petty cash fund upon proper claim. If the board of education is satisfied with the report, the board may restore the fund to its original amount. The fund shall be kept separate from all other funds and be used only for authorized expenditures and itemized receipts shall be taken for each expenditure. No part of the fund may be loaned or advanced against the salary of any employee. All employees entrusted with the administration of petty cash funds under authority of this statute shall be bonded by the school district.
History: L. 1959, ch. 308, § 2; L. 1968, ch. 226, § 1; L. 1969, ch. 352, § 1; L. 1977, ch. 257, § 1; L. 1983, ch. 241, § 1; July 1.
(a) The board of education of any school district may authorize, by separate resolutions, the establishment of school activity funds from which to make needed expenditures for the payment of expenses attributable to activities in which pupils of the district may participate directly or indirectly. Every such resolution shall specify the general purpose for which the fund is to be established and shall authorize an employee of the school district to administer the fund.
(b) The employee authorized to administer any school activity fund established by any resolution provided for in this section shall keep a record of all receipts and expenditures from the fund, and shall, from time to time, and at the end of each school year, prepare a statement for the board of education showing all receipts, expenditures, and the balance in the fund. The fund shall be kept separate from all other funds and be used only for authorized expenditures, and itemized receipts shall be taken for each expenditure.
(c) All moneys received from the sale of admissions to activities which the school district sponsors shall be credited to school activity funds in accordance with policies and procedures adopted by the board of education. Such moneys shall not be considered to be moneys of the school district for the purposes of K.S.A. 72-1136, and amendments thereto.
(d) The provisions of K.S.A. 12-105b, and amendments thereto, shall not apply to claims against any school activity fund established by any resolution provided for in this section.
(e) As used in this section, the term "activities" means activities, events, and competitions in such fields as athletics, music, forensics, and dramatics, and other interschool or intraschool extracurricular activities in which pupils may participate directly or indirectly.
History: L. 1994, ch. 298, § 1; May 5.
(a) There is hereby established in every school district a special liability expense fund. Moneys in such fund shall be used to:
(1) Pay the cost of providing for its defense and the defense of employees pursuant to the Kansas tort claims act and for the payment of claims and other direct and indirect costs resulting from the implementation of such act; and
(2) pay judgments rendered against the district.
(b) The district shall credit to the special liability expense fund any moneys received by the district from any source which may be lawfully utilized for the purposes specified by this section including the proceeds of tax levies hereinafter authorized and provided. Any balance remaining in the special liability expense fund at the end of the budget year shall be carried forward into that fund for succeeding budget years. Such fund shall not be subject to the provisions of K.S.A. 79-2925 through 79-2937, and amendments thereto. In making the budget of the district, the amounts credited to and the amount on hand in such special fund, and the amount expended therefrom, shall be included in the annual budget for the information of the residents of the district. Interest earned on the investment of moneys in any such fund shall be credited to that fund.
(c) Whenever the governing body of any school district determines that moneys from other sources will be insufficient to pay such costs, the governing body is hereby authorized to levy an annual tax upon all taxable tangible property within the district in an amount determined by the governing body to be necessary for such purpose and to pay a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located in such school district.
History: L. 2003, ch. 116, § 1; July 1.
(a) There is hereby established in every school district a special reserve fund. Moneys in such fund shall be used to:
(1) Pay claims, judgments, expenses and other purposes relating to health care services, disability income benefits and group life insurance benefits as authorized by K.S.A. 72-1893, and amendments thereto;
(2) pay costs relating to uninsured losses; and
(3) pay the cost of workers compensation insurance and workers compensation claims, awards, expenses and other purposes authorized by the workers compensation act.
(b) Any balance remaining in the special reserve fund at the end of the budget year shall be carried forward into that reserve fund for succeeding budget years. Such fund shall not be subject to the provisions of K.S.A. 79-2925 through 79-2937, and amendments thereto. In preparing the budget of such school district, the amounts credited to and the amount on hand in the special reserve fund, and the amount expended therefrom shall be included in the annual budget for the information of the residents of the school district. Interest earned on the investment of moneys in any such fund shall be credited to that fund.
History: L. 2003, ch. 116, § 2; L. 2015, ch. 4, § 55; L. 2017, ch. 95, § 82; July 1.
(a) All reports prepared pursuant to K.S.A. 72-1167, 72-5170 and 72-5171, and amendments thereto, and K.S.A. 2025 Supp. 72-5178, and amendments thereto, shall be published on the state department of education's website with a link to such reports prominently displayed on the website homepage titled, "Accountability Reports."
(b) Reports prepared pursuant to K.S.A. 72-1167 and 72-5171, and amendments thereto, for each school district and each school operated by such school district shall be published on such school district's website with a link to such reports prominently displayed on the website homepage titled, "Accountability Reports," and if a school operated by such school district has a separate website, then such reports shall be published for such school on such website with a link to such reports prominently displayed on the website homepage titled, "Accountability Reports."
(c) Each school district shall provide a link to the state department of education's webpage where the reports prepared pursuant to K.S.A. 72-5170, and amendments thereto, and K.S.A. 2025 Supp. 72-5178, and amendments thereto, for such school district and each school operated by such school district are published. The link shall be prominently displayed on the school district's accountability reports webpage.
History: L. 2019, ch. 19, § 5; July 1.
Revisor's Note: Section transferred to 72-3220.
Revisor's Note: Section transferred to 72-3221.
Revisor's Note: Section transferred to 72-3222.
Revisor's Note: Section transferred to 72-3223.
Revisor's Note: Section transferred to 72-3224.
History: L. 1907, ch. 325, § 1; R.S. 1923, 72-1201; L. 1939, ch. 251, § 2; L. 1943, ch. 248, § 40; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1921, ch. 102, § 1; R.S. 1923, 72-1202; L. 1927, ch. 262, § 1; L. 1929, ch. 232, § 1; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1927, ch. 262, § 2; Repealed, L. 1943, ch. 248, § 42; June 30.
Revisor's Note: Section transferred to 72-6228.
Revisor's Note: Section transferred to 72-6229.
Revisor's Note: Section transferred to 72-6230.
Revisor's Note: Section transferred to 72-6231.
The board of education of any school district may enter into written contracts with the proper authorities of any military reservation or establishment all or part of which is in such school district for the maintenance, supervision and operation of public school facilities by providing for elementary or secondary schooling of dependents of military and civilian personnel on such reservation or establishment.
In carrying out the provisions of this act, such boards of education may accept and expend federal and other moneys, employ school and other personnel and do all things necessary to carry out the intent and purposes of this act and the contracts entered into pursuant thereto.
History: L. 1949, ch. 393, § 1; L. 1970, ch. 281, § 1; July 1.
The Fort Leavenworth military reservation, by and with the consent of the department of defense of the United States, shall be and the same is hereby set apart, established and created a school district, to be designated and known as the "Fort Leavenworth school district," being unified school district No. 207, Leavenworth county, Kansas.
History: L. 1901, ch. 314, § 1; L. 1953, ch. 349, § 1; L. 1969, ch. 310, § 32; July 1.
(a) The unified school district maintaining and operating a school on the Fort Leavenworth military reservation, being unified school district No. 207 of Leavenworth county, state of Kansas, shall have a governing body, which shall be known as the "Fort Leavenworth school district board of education" and which shall consist of three members who shall be appointed by, and serve at the pleasure of the commanding general of Fort Leavenworth. One member of the board shall be the president and one member shall be the vice-president. The commanding general, when making any appointment to the board, shall designate which of the offices the member so appointed shall hold. Except as otherwise expressly provided in this section, the district board and the officers thereof shall have and may exercise all the powers, duties, authority and jurisdiction imposed or conferred by law on unified school districts and boards of education thereof, except such school district shall not offer or operate any of grades 10 through 12.
(b) The board of education of the school district shall not have the power to issue bonds.
(c) Except as otherwise expressly provided in this subsection, the provisions of the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto, apply to the school district. As applied to the school district, the terms "local foundation aid" and "federal impact aid" shall not include any moneys received by the school district under subsection (3)(d)(2)(b) of public law 81-874. Any such moneys received by the school district shall be deposited in the general fund of the school district or, at the discretion of the board of education, in the capital outlay fund of the school district.
History: L. 1953, ch. 349, § 2; L. 1969, ch. 310, § 33; L. 1971, ch. 229, § 1; L. 1975, ch. 371, § 1; L. 1992, ch. 284, § 3; L. 2014, ch. 93, § 35; L. 2015, ch. 4, § 37; L. 2017, ch. 95, § 67; July 1.
For the purpose of listing, assessing and valuing the franchises and property of railroad companies and other corporations on the Fort Leavenworth military reservation, and in order that taxes for school purposes may be levied thereon and collected therefrom, it is hereby made the duty of the state department of revenue or the county of Leavenworth, as the case may be, according to the class or character of the franchise or property to be taxed, to do and perform whatever acts or things are or may be necessary to be done or performed, for all intents and purposes the same as such department or county is or may be required to do or perform under the general laws applicable to all other school districts of the state, and to the same extent as if such franchises and properties were not on the Fort Leavenworth military reservation. The franchises and property of railroad companies and other corporations so assessed, valued and taxed shall not be liable for school taxes in any other school district.
History: L. 1901, ch. 314, § 3; L. 1953, ch. 349, § 3; L. 1992, ch. 284, § 4; July 1.
A school census may be taken, as required by law, of all children of school age situate, living or residing upon said military reservation, and for the purpose of this act such school census may be taken by the board of education of the school district.
History: L. 1901, ch. 314, § 4; L. 1969, ch. 310, § 34; July 1.
In accordance with K.S.A. 75-107 the governor, with the assistance of the state board of education, is requested to inquire into the matters relating to Fort Leavenworth school district and the terms of agreement between the federal government and this state concerning such school district. In pursuance of such inquiry a renewed understanding between the United States department of defense and this state should be attained, if possible.
History: L. 1972, ch. 399, § 1; March 14.
History: L. 1915, ch. 298, §§ 1 to 3; R.S. 1923, 72-1301 to 72-1303; Repealed, L. 1937, ch. 296, § 11; July 1.
History: L. 1919, ch. 259, § 1; R.S. 1923, 72-1304; Repealed, L. 1937, ch. 296, § 11; July 1.
History: L. 1915, ch. 298, § 4; R.S. 1923, 72-1305; L. 1925, ch. 225, § 5; Repealed, L. 1937, ch. 296, § 11; July 1.
History: L. 1915, ch. 298, § 5; R.S. 1923, 72-1306; Repealed, L. 1925, ch. 225, § 7; March 9.
History: L. 1919, ch. 259, § 3; R.S. 1923, 72-1307; Repealed, L. 1925, ch. 225, § 7; March 9.
History: L. 1915, ch. 298, § 6; L. 1919, ch. 259, § 4; R.S. 1923, 72-1308; Repealed, L. 1937, ch. 296, § 11; July 1.
History: L. 1915, ch. 298, § 7; L. 1921, ch. 232, § 1; R.S. 1923, 72-1309; L. 1925, ch. 225, § 4; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1923, ch. 185, §§ 1, 2; R.S. 1923, 72-1310, 72-1311; Repealed, L. 1937, ch. 296, § 11; July 1.
History: L. 1915, ch. 298, § 8; R.S. 1923, 72-1312; Repealed, L. 1925, ch. 225, § 7; March 9.
History: L. 1919, ch. 259, § 2; R.S. 1923, 72-1313; Repealed, L. 1925, ch. 225, § 7; March 9.
History: L. 1923, ch. 184, § 1; R.S. 1923, 72-1314; Repealed, L. 1925, ch. 225, § 7; March 9.
History: L. 1915, ch. 298, §§ 9, 10; R.S. 1923, 72-1315, 72-1316; Repealed, L. 1937, ch. 296, § 11; July 1.
History: R.S. 1923, 72-1317; Repealed, L. 1937, ch. 296, § 11; July 1.
History: L. 1885, ch. 180, §§ 1, 2; R.S. 1923, 72-1318, 72-1319; Repealed, L. 1937, ch. 296, § 11; July 1.
History: L. 1905, ch. 391, §§ 1 to 4; R.S. 1923, 72-1320 to 72-1323; Repealed, L. 1937, ch. 296, § 11; July 1.
History: L. 1903, ch. 424, § 7; R.S. 1923, 72-1324; Repealed, L. 1937, ch. 296, § 11; July 1.
History: L. 1907, ch. 342, § 1; R.S. 1923, 72-1325; Repealed, L. 1925, ch. 225, § 7; March 9.
History: L. 1915, ch. 298, § 11; R.S. 1923, 72-1326; L. 1925, ch. 225, § 1; Repealed, L. 1937, ch. 296, § 11; July 1.
History: L. 1885, ch. 169, § 1; R.S. 1923, 72-1327; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1915, ch. 298, § 12; R.S. 1923, 72-1328; Repealed, L. 1925, ch. 225, § 7; March 9.
History: L. 1915, ch. 298, § 13; R.S. 1923, 72-1329; L. 1925, ch. 225, § 2; Repealed, L. 1937, ch. 296, § 11; July 1.
History: L. 1915, ch. 298, § 14; R.S. 1923, 72-1330; L. 1925, ch. 225, § 3; Repealed, L. 1937, ch. 296, § 11; July 1.
History: L. 1915, ch. 298, § 15; R.S. 1923, 72-1331; Repealed, L. 1925, ch. 225, § 7; March 9.
History: L. 1915, ch. 298, § 16; R.S. 1923, 72-1332; Repealed, L. 1937, ch. 296, § 11; July 1.
History: L. 1915, ch. 299, § 1; R.S. 1923, 72-1333; Repealed, L. 1925, ch. 225, § 7; March 9.
History: L. 1915, ch. 299, §§ 2, 3; R.S. 1923, 72-1334, 72-1335; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1915, ch. 299, §§ 4, 6; R.S. 1923, 72-1336, 72-1337; Repealed, L. 1945, ch. 282, § 69; July 1.
History: R.S. 1923, 72-1338; Repealed, L. 1945, ch. 282, § 69; July 1.
Revisor's Note: Later act, see 72-1371, 72-1372.
History: L. 1893, ch. 132, §§ 3, 4; L. 1911, ch. 276, §§ 1, 2; R.S. 1923, 72-1339, 72-1340; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1893, ch. 132, § 5; L. 1911, ch. 276, § 3; R.S. 1923, 72-1341; Repealed, L. 1945, ch. 282, § 69; July 1.
Revisor's Note: Later act, see 72-1374.
History: L. 1893, ch. 132, § 6; L. 1911, ch. 276, § 4; R.S. 1923, 72-1342; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1893, ch. 132, § 10; R.S. 1923, 72-1343; Repealed, L. 1937, ch. 296, § 11; July 1.
History: L. 1893, ch. 132, § 11; R.S. 1923, 72-1344; L. 1925, ch. 225, § 6; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1893, ch. 132, § 12; R.S. 1923, 72-1345; Repealed, L. 1937, ch. 296, § 11; July 1.
History: L. 1876, ch. 122, art. 6, § 1; R.S. 1923, 72-1346; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1901, ch. 304, § 1; R.S. 1923, 72-1347; L. 1929, ch. 233, § 1; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1901, ch. 304, § 2; R.S. 1923, 72-1348; Repealed, L. 1969, ch. 310, § 66; July 1.
Revisor's Note: Later act, see 72-1383.
History: L. 1905, ch. 392, § 1; R.S. 1923, 72-1349; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1905, ch. 394, §§ 2 to 6; R.S. 1923, 72-1350 to 72-1354; Repealed, L. 1937, ch. 296, § 11; July 1.
History: L. 1933, ch. 267, § 1; Repealed, L. 1937, ch. 296, § 11; July 1.
History: L. 1937, ch. 296, §§ 1, 2; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1937, ch. 296, § 3; L. 1939, ch. 252, § 1; L. 1941, ch. 320, § 1; L. 1943, ch. 250, § 1; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1943, ch. 250, §§ 2, 3; Repealed, L. 1945, ch. 282, § 69; July 1.
Revisor's Note: Later act, see 72-1381.
History: L. 1937, ch. 296, §§ 4, 5; Repealed, L. 1945, ch. 282, § 69; July 1.
Revisor's Note: Later act, see 72-1383.
History: L. 1937, ch. 296, § 6; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1937, ch. 296, § 7; Repealed, L. 1945, ch. 282, § 69; July 1.
Revisor's Note: Later act, see 72-1385 through 72-1387.
History: L. 1937, ch. 296, §§ 8 to 10; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1945, ch. 282, §§ 21 to 24; Repealed, L. 1947, ch. 362, § 4; July 1.
Revisor's Note: Later act, see 72-1389.
History: L. 1945, ch. 282, § 25; Repealed, L. 1947, ch. 362, § 4; July 1.
Revisor's Note: Section transferred to 72-2150.
Revisor's Note: Section transferred to 72-2151.
Revisor's Note: Section transferred to 72-2152.
History: L. 1945, ch. 282, § 28; Repealed, L. 1947, ch. 362, § 4; July 1.
Revisor's Note: Section transferred to 72-2153.
History: L. 1968, ch. 250, § 4; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1945, ch. 282, § 30; Repealed, L. 1947, ch. 362, § 4; July 1.
Revisor's Note: Later act, see 72-1390.
History: L. 1945, ch. 282, § 31; Repealed, L. 1947, ch. 362, § 4; July 1.
History: L. 1945, ch. 282, § 32; Repealed, L. 1947, ch. 362, § 4; July 1.
Revisor's Note: Later act, see 72-1388.
History: L. 1945, ch. 282, § 33; Repealed, L. 1947, ch. 362, § 4; July 1.
History: L. 1945, ch. 282, §§ 34, 35; Repealed, L. 1947, ch. 362, § 4; July 1.
Revisor's Note: Section transferred to 72-2154.
History: L. 1945, ch. 282, § 37; Repealed, L. 1947, ch. 362, § 4; July 1.
Revisor's Note: Section transferred to 72-2155.
History: L. 1945, ch. 282, § 39; Repealed, L. 1947, ch. 362, § 4; July 1.
History: L. 1945, ch. 282, §§ 40, 41; Repealed, L. 1951, ch. 395, § 74; July 1.
Revisor's Note: Section transferred to 72-2156.
Revisor's Note: Section transferred to 72-2157.
Revisor's Note: Section transferred to 72-2158.
Revisor's Note: Section transferred to 72-2159.
History: L. 1951, ch. 395, § 22; Repealed, L. 1969, ch. 317, § 9; April 25.
Revisor's Note: Section transferred to 72-2160.
Revisor's Note: Section transferred to 72-2161.
Revisor's Note: Section transferred to 72-2162.
Revisor's Note: Section transferred to 72-2163.
Revisor's Note: Section transferred to 72-2164.
Revisor's Note: Section transferred to 72-2165.
Revisor's Note: Section transferred to 72-2166.
Revisor's Note: Section transferred to 72-2167.
(a) In the event the boards of education of any two or more school districts enter into a school district interlocal cooperation agreement for the purpose of jointly and cooperatively performing any of the services, duties, functions, activities, obligations or responsibilities which are authorized or required by law to be performed by school districts of this state, the following conditions shall apply:
(1) A school district interlocal cooperation agreement shall establish a board of directors which shall be responsible for administering the joint or cooperative undertaking. The agreement shall specify the organization and composition of and manner of appointment to the board of directors. Only members of boards of education of school districts party to the agreement shall be eligible for membership on the board of directors. The terms of office of members of the board of directors shall expire concurrently with their terms as board of education members. Vacancies in the membership of the board of directors shall be filled within 30 days from the date of the vacancy in the manner specified in the agreement.
(2) A school district interlocal cooperation agreement may provide for the establishment and composition of an executive board. The members of the executive board, if established, shall be selected by the board of directors from its membership. The executive board shall exercise the powers, have the responsibilities, and perform the duties and functions of the board of directors to the extent authority to do so is delegated by the board of directors.
(3) A school district interlocal cooperation agreement shall be effective only after approval by the state board of education.
(4) A school district interlocal cooperation agreement shall be subject to change or termination by the legislature.
(5) The duration of a school district interlocal cooperation agreement for joint or cooperative action in performing any of the services, duties, functions, activities, obligations or responsibilities, other than the provision of special education services, which are authorized or required by law to be performed by school districts of this state, shall be for a term of at least three years but not exceeding five years.
(6) (A) The duration of a school district interlocal cooperation agreement for joint or cooperative action in providing special education services shall be perpetual unless the agreement is partially or completely terminated in accordance with this provision. This provision applies to every school district interlocal cooperation agreement for the provision of special education services entered into under authority of this section after the effective date of this act and to every such agreement entered into under this section prior to the effective date of this act, and extant on the effective date of this act, regardless of any provisions in such an agreement to the contrary.
(B) Partial termination of a school district interlocal cooperation agreement for the provision of special education services made and entered into by the boards of three or more school districts may be accomplished only upon petition for withdrawal from the agreement by a contracting school district to the other contracting school districts and approval by the state board of written consent to the petition by such other school districts or upon order of the state board after appeal to it by a school district from denial of consent to a petition for withdrawal and hearing thereon conducted by the state board. The state board shall consider all the testimony and evidence brought forth at the hearing and issue an order approving or disapproving withdrawal by the school district from the agreement.
(C) Complete termination of a school district interlocal cooperation agreement for the provision of special education services made and entered into by the boards of two school districts may be accomplished upon approval by the state board of a joint petition made to the state board for termination of the agreement by both of the contracting school districts after adoption of a resolution to that effect by each of the contracting school districts or upon petition for withdrawal from the agreement made by a contracting school district to the other contracting school district and approval by the state board of written consent to the petition by such other school district or upon order of the state board after appeal to it by a school district from denial of consent to a petition for withdrawal and hearing thereon conducted by the state board. The state board shall consider all the testimony and evidence brought forth at the hearing and issue an order approving or disapproving withdrawal by the school district from the agreement.
(D) Complete termination of a school district interlocal cooperation agreement for the provision of special education services made and entered into by the boards of three or more school districts may be accomplished only upon approval by the state board of a joint petition made to the state board for termination of the agreement by not less than 2/3 of the contracting school districts after adoption of a resolution to that effect by each of the contracting school districts seeking termination of the agreement. The state board shall consider the petition and approve or disapprove termination of the agreement.
(E) The state board shall take such action in approving or disapproving the complete or partial termination of a school district interlocal cooperation agreement for the provision of special education services as the state board deems to be in the best interests of the involved school districts and of the state as a whole in the provision of special education services for exceptional children. Whenever the state board has disapproved the complete or partial termination of such an agreement, no further action with respect to such agreement shall be considered or taken by the state board for a period of not less than three years.
(7) A school district interlocal cooperation agreement shall specify the method or methods to be employed for disposing of property upon partial or complete termination.
(8) Within the limitations provided by law, a school district interlocal cooperation agreement may be changed or modified by affirmative vote of not less than 2/3 of the contracting school districts.
(b) Except as otherwise specifically provided in this subsection, any power or powers, privileges or authority exercised or capable of exercise by any school district of this state, or by any board of education thereof, may be jointly exercised pursuant to the provisions of a school district interlocal cooperation agreement. No power or powers, privileges or authority with respect to the levy and collection of taxes, the issuance of bonds, or the purposes and provisions of the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto, or title I of public law 874 shall be created or effectuated for joint exercise pursuant to the provisions of a school district interlocal cooperation agreement.
(c) Payments from the general fund of each school district which enters into any school district interlocal cooperation agreement for the purpose of financing the joint or cooperative undertaking provided for by the agreement shall be operating expenses.
(d) Upon partial termination of a school district interlocal cooperation agreement, the board of directors established under a renegotiated agreement thereof shall be the successor in every respect to the board of directors established under the former agreement.
(e) Nothing contained in this section shall be construed to abrogate, interfere with, impair, qualify or affect in any manner the exercise and enjoyment of all of the powers, privileges and authority conferred upon school districts and boards of education thereof by the provisions of the interlocal cooperation act, except that boards of education and school districts are required to comply with the provisions of this section when entering into an interlocal cooperation agreement that meets the definition of school district interlocal cooperation agreement.
(f) As used in this section:
(1) "School district interlocal cooperation agreement" means an agreement which is entered into by the boards of education of two or more school districts pursuant to the provisions of the interlocal cooperation act.
(2) "State board" means the state board of education.
History: L. 1975, ch. 75, § 2; L. 1978, ch. 302, § 1; L. 1979, ch. 220, § 15; L. 1985, ch. 247, § 1; L. 1987, ch. 276, § 1; L. 1990, ch. 261, § 1; L. 1992, ch. 280, § 46; L. 1997, ch. 35, § 2; L. 2015, ch. 4, § 51; L. 2017, ch. 95, § 79; July 1.
(a) In accordance with the provisions of this section, the boards of education of any two or more unified school districts may make and enter into agreements providing for the attendance of students residing in one school district at school in kindergarten or any of the grades one through 12 maintained by any such other school district. The boards of education may also provide by agreement for the combination of enrollments for kindergarten or one or more grades, courses or units of instruction.
(b) Prior to entering into any agreement under authority of this section, the board of education shall adopt a resolution declaring that it has made a determination that such an agreement should be made and that the making and entering into of such an agreement would be in the best interests of the educational system of the school district. Any such agreement is subject to the following conditions:
(1) The agreement may be for any term not exceeding a term of five years.
(2) The agreement shall be subject to change or termination by the legislature.
(3) Within the limitations provided by law, the agreement may be changed or terminated by mutual agreement of the participating boards of education.
(4) The agreement shall make provision for transportation of students to and from the school attended on every school day, for payment or sharing of the costs and expenses of student attendance at school, and for the authority and responsibility of the participating boards of education.
(c) Provision by agreements entered into under authority of this section for the attendance of students at school in a school district of nonresidence of such students shall be deemed to be in compliance with the kindergarten, grade, course and units of instruction requirements of law.
(d) The board of education of any school district that enters into an agreement under authority of this section for the attendance of students at school in another school district may discontinue kindergarten or any or all of the grades, courses and units of instruction specified in the agreement for attendance of students enrolled in kindergarten or any such grades, courses and units of instruction at school in such other school district. Upon discontinuing kindergarten or any grade, course or unit of instruction under authority of this subsection, the board of education may close any school building or buildings operated or used for attendance by students enrolled in such discontinued kindergarten, grades, courses or units of instruction. The closing of any school building under authority of this subsection shall require a majority vote of the members of the board of education and shall require no other procedure or approval.
(e) Students attending school in a school district of nonresidence of such students in accordance with an agreement made and entered into under authority of this section shall be counted as regularly enrolled in and attending school in the school district of residence of such pupils* for the purpose of computations under the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto.
(f) Students who satisfactorily complete grade 12 while in attendance at school in a school district of nonresidence of such students in accordance with the provisions of an agreement entered into under authority of this section shall be certified as having graduated from the school district of residence of such students unless otherwise provided for by the agreement.
(g) Students who are not residents of a school district and are attending the schools of the school district in accordance with the provisions of an agreement entered into under the authority of this section shall not be charged for attendance at school. The costs of providing for the attendance of such students at school shall be paid by the school district of residence of the students in accordance with the provisions of the agreement.
History: L. 1984, ch. 261, § 1; L. 1984, ch. 262, § 1; L. 1991, ch. 220, § 5; L. 1992, ch. 280, § 47; L. 1994, ch. 36, § 1; L. 2002, ch. 167, § 7; L. 2015, ch. 4, § 52; L. 2017, ch. 95, § 80; L. 2022, ch. 94, § 13; July 1, 2023.
(a) The boards of education of two or more unified school districts may make and enter into agreements providing for the sharing of services of certificated personnel.
(b) Prior to entering into any agreement under authority of this section, a board of education shall adopt a resolution declaring that it has made a determination that such an agreement should be made and that the making and entering into of such an agreement would be in the best interests of the educational system of the school district. Any such agreement is subject to the following conditions:
(1) The agreement may be for any term not exceeding a term of five years.
(2) The agreement shall be subject to change or termination by the legislature.
(3) Within the limitations provided by law, the agreement may be changed or terminated by mutual agreement of the participating boards of education.
(c) Any agreement entered into under authority of this section shall specify:
(1) Subject to the provisions of subsection (b)(1), the duration of the agreement;
(2) the manner and method of performance of the responsibilities, duties and functions required of boards of education under the provisions of K.S.A. 72-1134, and amendments thereto, and under the provisions of article 22 of chapter 72 of Kansas Statutes Annotated.
(d) The provisions of law relating to certificated personnel of a unified school district shall apply to certificated personnel employed jointly by two or more unified school districts in accordance with an agreement entered into under authority of this section.
History: L. 1990, ch. 254, § 1; July 1.
The boards of any two or more school districts may make and enter into agreements providing for cooperative operation and administration of an elementary guidance program on a shared-cost basis. The agreement entered into shall provide for a separate fund of the sponsoring school district, to which each contracting district shall pay the moneys due from it under the agreement. Any school district which is a party to such a cooperative agreement may be designated the sponsoring district under such agreement. Any such agreement shall be subject to change or termination by the legislature. Within the limitations provided by law, any such agreement may be changed or terminated by mutual agreement of the contracting school districts.
History: L. 1975, ch. 364, § 1; July 1.
All moneys received by a sponsoring district for elementary guidance shall be credited to the elementary guidance fund of such district. The expenses of a sponsoring district attributable to elementary guidance shall be paid from the elementary guidance fund and payment of such expenses shall not be operating expenses of the sponsoring district. Payments from the general fund to a sponsoring district and transfers of money from the general fund of a sponsoring district to the elementary guidance fund shall be operating expenses.
History: L. 1975, ch. 364, § 2; July 1.
History: L. 1877, ch. 136, § 1; L. 1915, ch. 304, § 1; R.S. 1923, 72-1401; L. 1939, ch. 253, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1877, ch. 136, § 9; L. 1911, ch. 270, § 2; R.S. 1923, 72-1402; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1877, ch. 136, § 2; R.S. 1923, 72-1403; L. 1939, ch. 253, § 2; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1877, ch. 136, § 3; L. 1901, ch. 267, § 1; L. 1915, ch. 304, § 2; R.S. 1923, 72-1404; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1877, ch. 136, §§ 4, 5; R.S. 1923, 72-1405, 72-1406; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1877, ch. 136, § 6; L. 1901, ch. 267, § 2; L. 1911, ch. 270, § 1; R.S. 1923, 72-1407; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1877, ch. 136, § 7; R.S. 1923, 72-1408; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1951, ch. 395, § 23; L. 1953, ch. 325, § 1; L. 1963, ch. 359, § 1; Repealed, L. 1967, ch. 372, § 2; July 1.
History: L. 1951, ch. 395, § 24; Repealed, L. 1967, ch. 372, § 2; July 1.
History: L. 1967, ch. 372, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
Revisor's Note: Section transferred to 72-2561.
Revisor's Note: Section transferred to 72-2562.
Revisor's Note: Section transferred to 72-2563.
Revisor's Note: Section transferred to 72-2564.
The school board shall have control of the school-district property, including the school building or buildings, schoolgrounds and all buildings and structures erected thereon, all furniture, fittings, and equipment, such as books, maps, charts, and instructional apparatus. The school board may open the schoolhouse for public purpose, under such rules and regulations as the board shall adopt. The board may enter into contracts with public library boards to authorize such boards to use the library facilities of the school district to supplement the facilities of the public library; make such rules and regulations relating to such school libraries as they shall deem necessary; and appoint librarians.
History: L. 1861, ch. 76, art. 4, § 2; G.S. 1868, ch. 92, § 43; L. 1876, ch. 125, § 1; L. 1913, ch. 284, § 1; R.S. 1923, 72-1033; L. 1943, ch. 248, § 31; L. 1965, ch. 104, § 2; June 30.
The school-district board or the board of education of each school district in the state of Kansas may enter into contracts with public library boards to furnish library service to any school library or to use the library facilities of the public school to supplement the facilities of the public library.
History: L. 1965, ch. 104, § 3; June 30.
Whenever there is included in any unified district a disorganized district which had established and was maintaining as of January 1, 1965, a public library and branch libraries at the time of inclusion in said unified district, then said unified district may maintain and operate a public library and branch libraries and all statutes relating to the establishment, maintenance, and operation of a public library and branches and the issuing of bonds for the construction and equipping of such library and branch libraries shall apply to such unified district.
History: L. 1965, ch. 420, § 23; February 23.
The board of education 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 the same manner as school expenditures.
History: L. 1951, ch. 395, § 37; L. 1955, ch. 316, § 1; L. 1957, ch. 385, § 1; L. 2003, ch. 104, § 1; July 1.
(a) In order to maintain and support a library authorized by K.S.A. 72-1419, and amendments thereto, the board of education 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 amendments 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 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 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 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 annual levy by an additional amount not to exceed ¼ 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. If a valid petition is filed, no such increased levy shall be made without such proposition having been submitted to and having been approved 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.
History: L. 1965, ch. 426, § 1; L. 1979, ch. 52, § 168; L. 1981, ch. 280, § 1; L. 1985, ch. 239, § 1; L. 2003, ch. 104, § 2; July 1.
(a) The board of education of any school district may: (1) Establish, operate and maintain a child care facility; (2) enter into cooperative or interlocal agreements with one or more other boards for the establishment, operation and maintenance of a child care facility; (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 a child care facility; and (4) prescribe and collect fees for providing care at a child care facility.
(b) Fees for providing care at a child care facility established under authority of this section 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 child care facility. Revenues from fees collected by a board under this section shall be deposited in the general fund of the school district and shall be considered reimbursements to the district for the purpose of the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto, and may be expended whether the same have been budgeted or not and amounts so expended shall not be considered operating expenses.
(c) Every school district which establishes, operates and maintains a child care facility shall be subject to the provisions contained in article 5 of chapter 65 of Kansas Statutes Annotated, and amendments thereto.
(d) As used in this section, the term "child" means any child who is three years of age or older, and any infant or toddler whose parent or parents are pupils or employees of a school district which establishes, operates and maintains, or cooperates in the establishment, operation and maintenance of, a child care facility under authority of this act.
History: L. 1993, ch. 186, § 1; L. 2015, ch. 4, § 53; L. 2017, ch. 95, § 81; July 1.
Any board is hereby authorized to purchase or lease grounds for public recreation places and playgrounds and to establish and maintain for children on such grounds and in the public school buildings and other public school grounds under the custody and management of such board, public recreation places and playgrounds and necessary accommodations for the same. Such board is also authorized to cooperate with the officers having the custody and management of public buildings and public parks and other public grounds in cities, to provide for the supervision and instruction necessary to carry on such public educational and recreational activities in such buildings and upon such parks and grounds.
History: L. 1951, ch. 395, § 39; July 1.
(a) As used in this section, "school building" means any building or structure operated or maintained by the board of education of a unified school district.
(b) The board of education of any unified school district, by adoption of a resolution, may close any school building at any time the board determines that the building should be closed to improve the school system of the unified school district. The board of education may close more than one school building in one resolution. A resolution adopted pursuant to this section shall require a majority vote of the members of the board of education and shall require no other approval.
(c) Prior to adopting a resolution closing any school building, the board of education shall call and hold a hearing on the proposal. The notice of such hearing shall include the reasons for the proposed closing, the name of any affected school building and the name of any school building to which the involved students shall be reassigned. Such notice also shall include the time, date and place of the public hearing to be held on the proposal. Such notice shall be published at least once each week for two consecutive weeks in a newspaper of general circulation in the school district. The last publication shall be at least 10 but not more than 20 days prior to the date of the public hearing.
(d) At any such hearing, the board shall hear testimony as to the advisability of the proposed closing, and a representative of the board shall present the board's proposal for such closing. Following the public hearing, or any continuation of such hearing, and after considering all of the testimony and evidence presented or submitted at the public hearing, the board shall determine whether the school building should be closed to improve the school system of the unified school district.
(e) The state board of education shall conduct an administrative review of a resolution adopted pursuant to this section if the state board receives a request for administrative review signed by at least 5% of the registered voters of such school district who are dissatisfied with such resolution not later than 45 days after the adoption of such resolution. Such request shall be made in such form and manner as prescribed by the state board of education. Upon receipt of any such request, the state board of education shall review the resolution to determine the reasonableness thereof. Not later than 45 days after receipt of any such request, the state board shall issue an advisory determination to the school district that states whether the school district's resolution is reasonable under the totality of the circumstances. Such advisory determination may include recommendations regarding modifying or rescinding the resolution. If the state board receives more than one request for administrative review on the same school district resolution, the state board may dismiss any requests received after the initial request or combine such requests with the initial request.
(f) Upon receipt of an advisory determination issued pursuant to subsection (e), including any advisory determination that the resolution is reasonable, the board of education of such school district shall reconsider such resolution. In reconsidering such resolution, the board of education shall hold a public hearing in accordance with the provisions of subsections (c) and (d) and may approve, modify and approve or rescind such resolution upon the conclusion of such hearing.
(g) No resolution adopted pursuant to this section shall be effective until the 45-day time period provided under subsection (e) has elapsed without a request for administrative review.
History: L. 2002, ch. 167, § 6; L. 2023, ch. 87, § 3; January 1, 2024.
The board of education of any school district may sell at auction, by sealed bids or at a public or private sale any school property including building sites and buildings thereon which were constructed, reconstructed, repaired, modified, remodeled, furnished or equipped as part of a vocational education program of the school district by pupils enrolled therein or by pupils enrolled in and attending an area vocational school operated under the board of education. The provisions of K.S.A. 72-3216 shall not apply to any transaction authorized by this section.
History: L. 1981, ch. 271, § 1; July 1.
In the event that any unified school district shall sell or shall have sold or in any manner conveyed title to a school building to the United States government, to the state or any political subdivision thereof, or to any other purchaser, which building shall have been constructed from the proceeds of a bond issue which shall not have been fully retired at the time of the sale of said building, the board of education of such unified school district is hereby authorized to establish a bond retirement fund from the proceeds of such sale which fund shall be separate and distinct from any other bond funds of such district, and to pay the remaining principal and interest on such bonds as they become due and payable, and to make such other payments and transfers as are specifically authorized by this act.
History: L. 1968, ch. 65, § 1; L. 1969, ch. 354, § 1; July 1.
The board of education is hereby authorized to make payments of principal and interest on any such bonds prior to the date of maturity, under such terms and conditions as the board deems advisable, if the holders of such bonds proffer such bonds for early retirement.
History: L. 1968, ch. 65, § 2; March 19.
The board of education is hereby authorized to invest such fund in accordance with K.S.A. 10-131 or in direct obligations of the United States government, maturing no later than one year from the date of purchase or to deposit such fund in time deposits in a bank or banks situated within the state of Kansas, and such board shall exercise due care and diligence to the end that sufficient funds will be on hand to make all payments of principal and interest on such bonds as such payments become due and payable.
History: L. 1968, ch. 65, § 3; L. 1977, ch. 54, § 37; July 1.
On the first day of July of each year, the board of education may transfer out of such bond retirement fund, to the capital outlay fund of such district, any balance which shall be in excess of the balance of principal and interest on bonds outstanding as of that date. Such funds transferred to the capital outlay fund may be expended by the district for any purpose for which other capital outlay funds may be expended.
History: L. 1968, ch. 65, § 4; March 19.
It shall be the duty of the board of education of such unified school district to give written notice each year on or before the first day of August, for the remaining term of the bond issue, to the county clerk of the home county of such unified school district, to the effect that no levy shall be made for the purpose of making payments of principal and interest on such outstanding bonds.
History: L. 1968, ch. 65, § 5; March 19.
Whenever any such bond issue shall have been completely retired, the board of education shall transfer any remaining balance of such bond retirement fund into the capital outlay fund of the district, and such board of education is further authorized to expend any funds so transferred for any purpose for which other capital outlay funds may be expended.
History: L. 1968, ch. 65, § 6; March 19.
(a) Within 30 days after the board of education of a school district adopts a resolution to dispose of a school district building pursuant to K.S.A. 72-3216, and amendments thereto, such board of education shall submit written notice of its intention to dispose of such building to the legislature. Such notice shall be filed with the chief clerk of the house of representatives and the secretary of the senate and shall contain the following:
(1) A description of the school district's use of such building immediately prior to the decision to dispose of such building;
(2) the reason for such building's disuse and the decision to dispose of such building;
(3) the legal description of the real property to be disposed of; and
(4) a copy of the resolution adopted by the board of education.
(b) (1) If the notice required under subsection (a) is received by the legislature during a regular legislative session, then the legislature shall have 45 days to adopt a concurrent resolution in accordance with subsection (c) stating the legislature's intention for the state to acquire such building.
(2) If the notice required under subsection (a) is received when the legislature is not in regular session, then not more than 45 days after such notice is received by the legislature, the legislative coordinating council may deny the legislative option authorized pursuant to this section for the state to acquire the school district building. If the legislative coordinating council denies the legislative option for the state to acquire the school district building pursuant to this paragraph, the provisions of subsections (c) and (d) shall not apply, and the school district may proceed with disposing of such building in accordance with state law. If the legislative coordinating council does not deny the legislative option for the state to acquire the school district building within such 45-day period, then the legislature shall have 45 days from the commencement of the next regular session to adopt a concurrent resolution in accordance with subsection (c) stating the legislature's intention for the state to acquire such building.
(c) The legislature may adopt a concurrent resolution stating the legislature's intention that the state acquire the school district building. Such concurrent resolution shall include:
(1) The name of the school district that owns such building;
(2) the information contained in the written notice as described in subsection (a)(1) through (3); and
(3) the state agency that intends to acquire such building and the intended use of such building upon acquisition.
(d) Upon adoption of a concurrent resolution in accordance with subsection (c), the state agency named in such resolution shall have 180 days to complete the acquisition of such school district building and take title to the real property. Upon request of the state agency acquiring the school district building, the legislative coordinating council may extend the 180-day period for a period of not more than 60 days. The board of education of the school district shall not sell, gift, lease or otherwise convey such building or any of the real property described in the written notice or take any action or refrain from taking any action that would diminish the value of such property during the 180-day period or any extension thereof.
(e) If the legislature does not adopt a concurrent resolution in accordance with subsection (c) within the 45-day period or if the state agency does not take title to the property within the 180-day period or any extension thereof pursuant to subsection (d), the board may dispose of the property in such manner and upon such terms and conditions as the board deems to be in the best interest of the school district. Conveyances of school buildings and other school properties pursuant to this section shall be executed by the president of the board and attested by the clerk.
(f) As used in this section:
(1) "Building" means any building that was used in any prior school year as an attendance center for students enrolled in kindergarten or any of the grades one through 12.
(2) "State agency" means any state agency, department, authority, institution, division, bureau or other state governmental entity.
History: L. 2023, ch. 98, § 4; L. 2024, ch. 111, § 8; July 1.
History: L. 1876, ch. 122, art. 8, § 1; R.S. 1923, 72-1501; L. 1925, ch. 226, § 1; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1876, ch. 122, art. 8, § 2; L. 1919, ch. 261, § 1; R.S. 1923, 72-1502; Repealed, L. 1969, ch. 310, § 66; July 1.
Revisor's Note: Later act, see 72-1033.
History: L. 1876, ch. 122, art. 8, § 3; R.S. 1923, 72-1503; Repealed, L. 1943, ch. 248, § 42; June 30.
Revisor's Note: Section transferred to 72-7209.
Revisor's Note: Section transferred to 72-7210.
Revisor's Note: Section transferred to 72-7211.
Laws 1886, chapter 150, section 1, included by reference. [This act amended Laws 1876, chapter 122, article 14, section 1; section 1 of the act is as follows: "All lands granted by the congress of the United States for school purposes, known as sections sixteen and thirty-six, together with all such lands as have been granted in lieu of said sections, may be sold, and such sale shall be regulated by the provisions of this act: Provided, That no lands granted by the act of congress for school purposes, lying and being in any unorganized county of this state, shall be subject to sale until three years after such county shall have been organized."]
History: R.S. 1923, 72-2101.
Laws 1876, chapter 122, article 14, sections 8, 9, 10, 15, 19, 24, 25, 26, 27, 28, 29, 30, 31, 32, included by reference.
History: R.S. 1923, 72-2102.
Laws 1876, chapter 112, section 1, included by reference.
History: L. 1874, ch. 100, § 1; L. 1875, ch. 129, § 1; L. 1876, ch. 112, § 1; May 1; R.S. 1923, 72-2103.
Laws 1876, chapter 126, sections 1 and 2, included by reference.
History: L. 1871, ch. 139, § 2; L. 1876, ch. 126, §§ 1, 2; May 1; R.S. 1923, 72-2104.
Laws 1876, chapter 127, sections 1 and 2, included by reference.
History: L. 1864, ch. 102, § 10; G.S. 1868, ch. 94, § 10; L. 1876, ch. 127, §§ 1, 2; May 1; R.S. 1923, 72-2105.
Laws 1879, chapter 161, section 1, included by reference.
History: L. 1876, ch. 122, art. 14, § 14; L. 1879, ch. 161, § 1; March 13; R.S. 1923, 72-2106.
Laws 1883, chapter 142, section 1, included by reference.
History: R.S. 1923, 72-2107.
Laws 1885, chapter 183, section 1, included by reference.
History: R.S. 1923, 72-2108.
Laws 1886, chapter 152, section 2, included by reference.
History: R.S. 1923, 72-2109.
Laws 1899, chapter 241, sections 2 and 3, included by reference.
History: R.S. 1923, 72-2110.
Laws 1907, chapter 373, sections 1 to 5, inclusive, included by reference.
History: R.S. 1923, 72-2111.
Laws 1909, chapter 218, sections 8 to 14, inclusive, included by reference.
History: R.S. 1923, 72-2112.
Laws 1909, chapter 219, section 1, included by reference.
History: R.S. 1923, 72-2113.
Laws 1911, chapter 282, sections 1 and 2, included by reference.
History: R.S. 1923, 72-2114.
Laws 1911, chapter 286, section 1, included by reference.
History: R.S. 1923, 72-2115.
Laws 1913, chapter 275, sections 1 and 2, included by reference.
History: R.S. 1923, 72-2116.
Laws 1915, chapter 323, sections 1 and 2, included by reference.
History: R.S. 1923, 72-2117.
Laws 1915, chapter 324, section 1, included by reference.
History: R.S. 1923, 72-2118.
Laws 1915, chapter 325, section 1, included by reference.
History: R.S. 1923, 72-2119.
Laws 1917, chapter 293, section 1, included by reference.
History: R.S. 1923, 72-2120.
Laws 1917, chapter 294, section 1, included by reference.
History: R.S. 1923, 72-2121.
Laws 1917, chapter 295, sections 1 and 2, included by reference.
History: R.S. 1923, 72-2122.
Laws 1917, chapter 296, section 1, included by reference.
History: R.S. 1923, 72-2123.
Laws 1919, chapter 277, sections 1 and 2, included by reference.
History: R.S. 1923, 72-2124.
Laws 1919, chapter 278, section 1, included by reference.
History: L. 1909, ch. 220, § 1; L. 1919, ch. 278, § 1; June 17; R.S. 1923, 72-2125.
Any person purchasing such school land shall from and after the date of the passage of this act pay to the treasurer of the county in which the same is situated one-tenth of the amount of the purchase money, taking therefor a receipt, which he shall present to the county clerk, together with a bond double of the amount of purchase money unpaid, conditioned that he will not commit waste upon said land and that he will pay the balance of said purchase money in installments of five percent of the amount of the balance of said purchase money each year thereafter until the full amount is paid, and interests shall be paid annually on the balance of said purchase money until the full amount of the same is paid at the rate of four percent per annum, payable annually: Provided, That the purchaser may pay the balance of the purchase money at any time, or in installments of any multiple of such installments as are required by this act: Provided, also, That any person having purchased such land prior to the passage of this act and made partial payment of the purchase money and who is not in default in the payment of interest due upon such purchase money or taxes upon the land, or who being in default of such purchase money and interest past due and taxes past due, will pay up the full amount of such delinquent interest and taxes. Such person may upon surrendering the certificate of purchase to the county clerk of the county in which the said land is situated take out a new certificate of purchase under the provisions of this act. First, paying to the treasurer of the aforesaid county five percent of the original purchase price of said land and upon presenting a new bond in double the amount of purchase money remaining unpaid. Said bond conditioned the same as the aforementioned in this section.
History: L. 1876, ch. 122, art. 14, § 7; L. 1879, ch. 162, § 1; L. 1883, ch. 140, § 1; L. 1903, ch. 477, § 1; L. 1923, ch. 195, § 1; February 10; R.S. 1923, 72-2126.
The state of Kansas disclaims any interest in, and hereby relinquishes all right, title and claim in and to any and all islands in the Arkansas river that have been heretofore surveyed under and by virtue of the government of the United States of America and to which a patent has been issued by the United States government, and to a bona fide settler who settled upon and improved the same pursuant to the laws of the United States.
History: L. 1913, ch. 296, § 1; February 27; R.S. 1923, 72-2127.
All school lands existing at the passage of this act or that may hereafter revert to the state by forfeiture of prior sale, shall be sold in the manner hereinafter provided.
History: L. 1915, ch. 322, § 8; May 22; R.S. 1923, 72-2135.
Immediately upon receipt of the advice of final appraisement, the county treasurer shall proceed to sell the land described in the appraisement. The county treasurer shall give public notice in the official county paper once each week for two consecutive weeks previous to such sale that such land has been duly appraised, and that the county treasurer will offer the same at public sale on the day and hour named in the notice. The notice shall contain a description of the land and its appraised value. At the time mentioned in the notice, the county treasurer shall offer all of the school lands so appraised for sale at public auction, selling each legal subdivision separately and receiving bids by the acre, but no bid shall be received for less than the appraised value.
History: L. 1915, ch. 322, § 11; R.S. 1923, 72-2138; L. 1978, ch. 430, § 5; L. 1981, ch. 173, § 75; July 1.
In case any such land shall not be sold at such sale, the same may be again advertised and offered for sale without reappraisement, or may, in the discretion of the county commissioners, be reappraised and again advertised and offered for sale.
History: L. 1915, ch. 322, § 12; May 22; R.S. 1923, 72-2139.
It shall be unlawful for the board of county commissioners appointing the appraisers, or the persons appraising the lands, to purchase either directly or indirectly any portion of the lands appraised by them.
History: L. 1915, ch. 322, § 13; May 22; R.S. 1923, 72-2140.
The township trustees and the county surveyor and county clerk shall notify the secretary of state of all lands referred to herein, but the secretary of state shall not cause the survey of any tract of land containing less than five acres, unless in his judgment the value thereof shall be greater than the expense of surveying and selling the same: Provided, That nothing in this act contained shall be so construed as to change the law of accretion as the same is now construed and defined by the supreme court of the United States.
History: L. 1915, ch. 322, § 15; R.S. 1923, 72-2141; L. 1974, ch. 364, § 8; January 13, 1975.
In all cases where a sale of school lands shall have been made by the state of Kansas under a contract of sale or renewal thereof, and the owner or owners of such contract or renewal shall have failed for the period of three months to pay any principal or installment thereof, or interest, which by the contract of sale, or the renewal, he shall have been required to pay to the state of Kansas, a foreclosure suit may be maintained by the state of Kansas to foreclose the contract of sale or renewal, in the same manner as provided by law for the foreclosure of mortgages upon real estate, and the real estate covered by such contract or renewal may be sold under a judgment of foreclosure as provided by law. The owner or owners of a contract of sale or renewal shall have the right at any time until the judgment shall be rendered to pay to the state the amount of principal and interest then due and the costs of suit and thereupon the suit shall be dismissed without prejudice. If such payment should not be made the judgment shall be for the full amount of the principal due and to become due under the contract or renewal, and interest to the end of the redemption period on the portion of the principal due and the costs of suit. The land shall not be sold under foreclosure for less than the total of such amounts.
Whenever such real estate shall be sold under foreclosure and the same shall not be redeemed from the judgment by the payment of the principal due and to become due, and interest due upon such contract or renewal to the end of the period of redemption and costs of suit, within eighteen months from the date of such sale, then such sale shall become absolute and the purchaser at such sale shall be immediately entitled to a deed to the real estate purchased. Upon the sale of any real estate under foreclosure as provided in this act, the sheriff making such sale shall execute and deliver to the purchaser at such sale a certificate of purchase showing the date of purchase, the person to whom sold, the description of the land sold and the time as provided herein within which the real estate may be redeemed, and if the land should not be redeemed within the time herein mentioned, the legal holder, upon the presentation of such certificate, shall be entitled to a deed for the land described, which deed shall convey the title of the state as well as the interests of the defendants. Upon any such foreclosure sale a bid may be made on behalf of the state, at the direction of the state auditor, for the purchase of the land, in a sum not to exceed the amount of the principal and interest in default, the amount of the remainder of the principal, and interest to the end of the redemption period on the portion of the principal due, and the costs of suit. If the bid by the state should be accepted the amount of its bid shall be credited upon the purchase price. If the deed should be made to the state the land shall continue to be treated as school land.
History: L. 1937, ch. 317, § 1; June 30.
Any such suit shall be conducted on behalf of the state by the county attorney of the county in which such land shall be situate, under the supervision of the attorney general.
History: L. 1937, ch. 317, § 2; June 30.
Any tract of school lands, not exceeding three acres in extent, which has been used for school purposes, the title to which has remained in, or has reverted to the state of Kansas, may be sold by the secretary of state without survey or appraisement. The secretary of state shall negotiate sales of such lands and submit the same to the governor for the governor's approval. Upon the approval of any such sale, the secretary of state shall deliver a good and sufficient grant or patent conveying to the purchaser or purchasers all of the title of the state of Kansas in and to the tract so sold. The proceeds arising from such sales shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state school equalization fund. This act shall not be construed as repealing or limiting any existing acts relating to the sale of school lands, but shall be construed as providing an additional method for the sale of tracts not exceeding three acres.
History: L. 1949, ch. 452, § 1; L. 1974, ch. 364, § 11; L. 2001, ch. 5, § 284; July 1.
Where patents for school lands have been issued, in pursuance of any law of the state of Kansas, to a person who has died before the date of such patents, the title to the land designated therein shall inure to and become vested in the heirs, devisees or assignees of such deceased patentee as if the patent had been issued to the deceased person during life.
History: L. 1955, ch. 359, § 1; June 30.
(a) The board of education of unified school district No. 430, Brown county, is hereby authorized to transfer to the Kickapoo nation (1) a tract of land described as lots 1, 2, 3, 4, 5 in block 26, city of Powhattan, Brown county, Kansas, and a tract of land located in the southwest quarter of section 28, township 3, range 16, Brown county, Kansas, beginning at a point 175 feet west of the S. E. corner of lot 10, block 16 in the city of Powhattan, Kansas, thence west 175 feet, thence south 320 feet, thence east 175 feet, thence north 320 feet to place of beginning, together with the one story brick building of 26,491 square feet, with partial basement, housing seven elementary classrooms, gymnasium, music classroom, two locker rooms, two restrooms, principal's office, and boiler room, built thereon and the one metal building of 1,200 square feet built thereon; and (2) a tract of land described as lots 10, 11, 12, 13, 14 in block 16, city of Powhattan, Brown county, Kansas; and the vacated part of West Street lying between blocks 16 and 26, city of Powhattan, Kansas; and a tract of land located in the southwest quarter of section 28, township 3[,] range 16, Brown county, Kansas[,] beginning at the southeast corner of lot 10, block 16 in the city of Powhattan, Kansas[,] thence west 175 feet, thence south 320 feet, thence east 175 feet, thence north 320 feet to place of beginning, together with the one story combination brick and metal building of 37,284 square feet housing 15 classrooms, media center, shop, six administrative offices, cafeteria, kitchen, two locker rooms, and four restrooms built thereon.
(b) The transfer of land and buildings described in subsection (a) may be made by the board of education of unified school district No. 430, Brown county, to the Kickapoo tribal council to hold for and on behalf of the Kickapoo nation for school purposes in consideration of the amount, not to exceed $5,000, of closing costs and reasonable attorney fees, and no other consideration. The provisions of K.S.A. 72-3216 shall not apply to the transaction authorized by this act. The transfer authorized in this act shall be made by the appropriate deed.
History: L. 1981, ch. 272, § 1; July 1.
The board of education of unified school district No. 475, Geary county, is hereby authorized to transfer a tract of land described as part of the southeast quarter (SE ¼) of section 1, township 12 south, range 6 east, Geary county, Kansas, and further described as follows: Beginning at a point where the center line of a now existing county road center line intersects the east line of section 1, township 12 south, range 6 east of the sixth principal meridian, said point being approximately 902 feet north of the southeast corner of said section 1; thence north 52 degrees 18′40″ west on said road center line, a distance of 401.50 feet to the point of beginning; thence north 52 degrees 18′40″ west on said center line, a distance of 50.50 feet; thence following said center line on a curve to the right with a radius of 2721.20 feet an arc distance of 166 feet; thence north 41 degrees 11′3″ east, a distance of 203.32 feet; thence south 52 degrees 18′40″ east, a distance of 204.01 feet; thence south 37 degrees 41′20″ west, a distance of 208 feet to the point of beginning, containing one acre, more or less, together with the structures thereon, to Wingfield township of Geary county for a community center.
Such transfer may be made by the board of education in consideration of $5 and upon such terms and conditions as may be mutually agreed upon by both parties. The provisions of K.S.A. 72-3216 shall not apply to the transaction authorized by this section. The transfer authorized by this section shall be made by quitclaim deed.
History: L. 1981, ch. 276, § 1; July 1.
The board of education of unified school district No. 475, Geary county, is hereby authorized to transfer a tract of land described as part of the southeast quarter (SE ¼) of section 1, township 12 south, range 6 east, in Geary county, Kansas, and further described as beginning at the northeast corner of the southeast quarter (SE ¼) of section 1, township 12 south, range 6 east, and running thence west 25.30 rods to a stake, thence south 6.325 rods, thence east 25.35 rods, thence north 6.325 rods to the place of beginning, containing one acre, more or less, to Raymond and Rose Ellen Carlyon. Such transfer may be made by the board of education in consideration of $1 and upon such terms and conditions as may be mutually agreed upon by the parties. The transfer authorized by this section shall be made by quitclaim deed.
History: L. 1981, ch. 276, § 2; July 1.
The board of education of unified school district No. 475, Geary county, is hereby authorized to transfer a tract of land in the southwest quarter (SW ¼) of section 2, township 12 south, range 7 east, Geary county, Kansas, and further described as follows: Beginning at an iron pin lying at the intersection of the east-west county road and the north-south county road with the intersection being near the center of section 2; thence north 89°50′ west, 456.7 feet along the east-west county road and the county road running on or near the quarter line of the section to an iron pin; thence south 3°44′ west, 392.0 feet to an iron pin; thence south 44°35′ east, 200.0 feet to an iron pin; thence north 53°34.5′ east, 425.0 feet to an iron pin lying in the center of the north-south county road and the road running on or near the north-south quarter line of the section; thence due north along the road 280.1 feet to the point of beginning and containing 4.57 acres, more or less, all in Geary county, Kansas, to Jackson township of Geary county for a community center.
The transfer may be made by the board of education in consideration of $5 and upon the terms and conditions as may be mutually agreed upon by both parties. The provisions of K.S.A. 72-3216 shall not apply to the transaction authorized by this section. The transfer authorized by this section shall be made by warranty deed.
History: L. 1982, ch. 284, § 1; July 1.
The board of education of unified school district No. 284, Chase county, is hereby authorized to transfer a tract of land in the Southeast Quarter of the Southeast Quarter (SE ¼
SE ¼) of Section Six (6), Township Twenty-Two (22) South of Range Eight (8) East of the 6th P.M., described as commencing at the Southeast corner of said Section Six (6) and running thence west to a point in line with the center of Lot Two (2), Block Five (5), in Reed's First Addition to Matfield Green, Kansas; thence north 230 feet more or less to a point which is 200 feet south of the north line of said Lot Two (2); thence west to the west line of Lot Six (6) of said Block Five (5); thence north 200 feet to the north line of said Lot Six (6); thence east to the east line of said Section Six (6); thence south 427 feet more or less to the place of beginning. Except and subject to any existing streets or alleys included within the described boundaries. Such tract of land may be transferred, together with the one-story brick schoolhouse thereon, by the board of education to Matfield township of Chase county in consideration of $10 and no other consideration, and upon such terms and conditions as may be mutually agreed upon by both parties. The provisions of K.S.A. 72-3216 shall not apply to the transaction authorized by this section. The transfer authorized by this section shall be made by quitclaim deed.
History: L. 1982, ch. 283, § 1; July 1.
The board of education of unified school district No. 284, Chase county, Kansas, is hereby authorized to transfer a tract of land located in the southeast quarter (SE ¼) of section fifteen (15), township nineteen (19) south, range nine (9) east of the 6th p.m. in Chase county, Kansas, and more particularly described as commencing at the northeast corner of said southeast quarter (SE ¼), thence south approximately 65 rods to the north line of the Crook farm, thence west 16 rods, thence north approximately 65 rods to the north line of said southeast quarter, thence east 16 rods to the place of beginning, together with the two-story brick building, bus barn and shop building thereon, to Toledo township of Chase county in consideration of $10 and no other consideration, and upon such terms and conditions as may be mutually agreed upon by both parties. The transfer authorized by this act shall be made by quitclaim deed. The transaction authorized by this act shall require approval by majority vote of the members of the board of education and the members of the township board and shall require no other approval. To the extent that the provisions of K.S.A. 72-3216, and amendments thereto, or the provisions of K.S.A. 80-104, and amendments thereto, conflict with this act, this act shall control.
History: L. 1983, ch. 236, § 1; July 1.
The board of education of unified school district No. 383, Riley county, is hereby authorized to transfer a tract of land located in the southeast corner of the northeast quarter (NE ¼) of the southeast quarter (SE ¼) of section 2, township 11, range 8, being 40 rods long, north and south, and 20 rods wide, east and west, containing five acres, more or less, together with the school building thereon, to Zeandale township of Riley county for a community center.
Such transfer may be made by the board of education in consideration of $10 and upon such terms and conditions as may be mutually agreed upon by both parties. The provisions of K.S.A. 72-3216 shall not apply to the transaction authorized by this section. The transfer authorized by this section shall be made by quitclaim deed.
History: L. 1982, ch. 287, § 1; July 1.
The board of education of unified school district No. 269, Rooks county, is hereby authorized to transfer a tract of land located in the southeast quarter (SE ¼) of section 28, township 9, range 19, Rooks county, Kansas, described as follows: Beginning at the southeast (SE) corner of said section 28, thence west along the south line of said section 28, a distance of 354 feet to a point, thence north 408 feet to a point, thence east 234 feet to a point, thence south 90 feet to a point, thence east 120 feet to a point, thence south 318 feet to the point of beginning, containing 3.07 acres, more or less, together with the structures thereon, to the city of Zurich, Kansas. Such transfer may be made by the board of education in consideration of $1 and no other consideration, and upon such terms and conditions as may be mutually agreed upon by both parties. The transfer authorized by this act shall be made by warranty deed if in the opinion of the attorney of the board of education such a deed is appropriate, and if in the opinion of the attorney a warranty deed is not appropriate, such transfer shall be made by quitclaim deed. The provisions of K.S.A. 72-3216, and amendments thereof, shall not apply to the transaction authorized by this act.
History: L. 1983, ch. 231, § 1; July 1.
The board of education of unified school district No. 241, Wallace county, is hereby authorized to transfer a tract of land located in the southeast corner of the southeast quarter (SE ¼) of section one (1), township fifteen (15) south, range thirty-nine (39), west of the sixth p.m. in Wallace county, Kansas, and more particularly described as commencing at the southeast corner of said section one (1), thence in a northerly direction along the east section line of said section one (1), a distance of four hundred seventeen feet, six inches (417' 6"); thence in a westerly direction at right angles, a distance of four hundred seventeen feet, six inches (417' 6"); thence in a southerly direction at right angles, a distance of four hundred seventeen feet, six inches (417' 6") more or less, to the south line of said section one (1); thence in an easterly direction along the south line of said section one (1), four hundred seventeen feet, six inches (417' 6") more or less, to the point of beginning, containing approximately four acres, more or less, together with the building thereon, to Harrison township of Wallace county, for a township hall and community center in consideration of $1 and no other consideration, and upon such terms and conditions as may be mutually agreed upon by both parties. The transfer authorized by this act shall be made by warranty deed if in the opinion of the attorney of the board of education such a deed is appropriate, and if in the opinion of the attorney a warranty deed is not appropriate, such transfer shall be made by quitclaim deed. The provisions of K.S.A. 72-3216, and amendments thereof, shall not apply to the transaction authorized by this act.
History: L. 1983, ch. 235, § 1; July 1.
(a) The board of education of unified school district No. 380, Marshall county, is hereby authorized to transfer to the city of Corning, Kansas, the following described parcels of land: (1) A parcel of land described as block 56 in the city of Corning, Nemaha county, Kansas, together with the school building and shop located thereon; and (2) a parcel of land twelve (12) feet square located in the southwest (SW) corner of lot seventeen (17), block 54, in the city of Corning, Nemaha county, Kansas; and (3) a parcel of land described as lots three, four, five, six, seven, eight, nine and ten, and the east twelve feet (12') of lots eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen and twenty of block 59 in the city of Corning, Nemaha county, Kansas, being all of said block 59, except for lots one and two of said block 59 and except for the west (W) one hundred thirty-eight feet (138') of said block 59.
(b) The transfer of land and buildings described in subsection (a) may be made by the board of education of unified school district No. 380, Marshall county, to the city of Corning, Kansas, in consideration of $1 and no other consideration, and upon such terms and conditions as may be mutually agreed upon by both parties. The transfer authorized by this act shall be made by warranty deed if in the opinion of the attorney of the board of education such a deed is appropriate, and if in the opinion of the attorney a warranty deed is not appropriate, such transfer shall be made by quitclaim deed. The provisions of K.S.A. 72-3216, and amendments thereof, shall not apply to the transaction authorized by this act.
History: L. 1983, ch. 234, § 1; July 1.
(a) The board of education of unified school district No. 350, Stafford county, is hereby authorized to transfer to the city of Hudson, Kansas, the following described parcels of land: (1) A parcel of land described as all of block four (4) of the original subdivision in the city of Hudson, Stafford county, Kansas, and that part of vacated Main street which lies between block three (3) and block four (4) in the original subdivision in the city of Hudson, Stafford county, Kansas; and (2) a parcel of land described as all of block three (3), except the east ninety-seven feet (E 97') of Henry Bauer's subdivision in the city of Hudson, Stafford county, Kansas.
(b) The transfer of land described in subsection (a) may be made by the board of education of unified school district No. 350, Stafford county, to the city of Hudson, Kansas, in consideration of $5 and other good and valuable consideration, and upon such terms and conditions as may be mutually agreed upon by both parties. The transfer authorized by this act shall be made by quitclaim deed. The provisions of K.S.A. 72-3216, and amendments thereof, shall not apply to the transaction authorized by this act.
History: L. 1983, ch. 233, § 1; July 1.
(a) The board of education of unified school district No. 494, Hamilton county, Kansas, is hereby authorized to transfer to Coolidge township of Hamilton county, Kansas, the following described parcels of land: Lots 1, 2, 3, 4 and 5 of block 9; all of block 10; lots 1 through 32 of block 16; lots 10 through 18 of block 41; all in St. Johns addition to the city of Coolidge, Hamilton county, Kansas, as shown by the recorded plat thereof.
(b) The transfer of land described in subsection (a), together with the buildings located thereon, may be made by the board of education to Coolidge township in consideration of $1 and no other consideration, and upon such terms and conditions as may be mutually agreed upon by both parties. The transfer authorized by this act shall be made by quitclaim deed. The transaction authorized by this act shall require approval by majority vote of the members of the board of education and the members of the township board and shall require no other approval. To the extent that the provisions of K.S.A. 72-3216, and amendments thereto, or the provisions of K.S.A. 80-104, and amendments thereto, conflict with this act, this act shall control.
History: L. 1983, ch. 232, § 1; July 1.
History: R.S. 1923, 72-1601; L. 1925, ch. 227, § 1; L. 1941, ch. 321, § 1; L. 1949, ch. 364, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1911, ch. 267, § 3; R.S. 1923, 72-1602; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-1603; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-1604; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1911, ch. 269, § 1; L. 1913, ch. 269, § 1; R.S. 1923, 72-1605; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1911, ch. 269, § 2; L. 1921, ch. 127, § 4; R.S. 1923, 72-1606; L. 1927, ch. 263, § 1; L. 1931, ch. 255, § 1; L. 1943, ch. 251, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1911, ch. 269, § 3; R.S. 1923, 72-1607; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1911, ch. 269, § 4; R.S. 1923, 72-1608; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-1609; Repealed, L. 1937, ch. 296, § 11; July 1.
History: L. 1913, ch. 283, § 1; R.S. 1923, 72-1610; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1951, ch. 395, § 25; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 395, § 26; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 395, § 27; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 395, § 28; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 395, §§ 29 to 31; Repealed, L. 1968, ch. 59, § 45; July 1.
History: L. 1951, ch. 395, § 32; L. 1959, ch. 281, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 395, §§ 33 to 36; Repealed, L. 1969, ch. 312, § 6; May 10.
Revisor's Note: Section transferred to 72-1419.
Revisor's Note: Section transferred to 72-1420.
History: L. 1951, ch. 395, § 38; Repealed, L. 1970, ch. 279, § 1; July 1.
Revisor's Note: Section transferred to 72-1422.
History: L. 1951, ch. 395, § 40; L. 1957, ch. 386, § 1; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1953, ch. 358, § 1; L. 1957, ch. 387, § 1; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1967, ch. 393, § 1; Repealed, L. 1999, ch. 6, § 1; July 1.
History: L. 1951, ch. 395, § 41; L. 1953, ch. 326, § 1; L. 1957, ch. 388, § 1; L. 1961, ch. 325, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
Revisor's Note: Section transferred to 72-9930.
The board of education of any school district or the board of trustees of any community junior college may, by resolution, provide for and authorize any officer, official or employee charged with or having custody of the following records, documents or other papers to destroy the same at the time indicated herein, and if more than one time can be made to apply, the longer time shall apply:
(a) Bookkeeping and accounting records which are original books of entry, claims, vouchers and purchase orders, five (5) years.
(b) Formal audit reports, five (5) years.
(c) Financial papers of any type relating to programs supported by federal funds, three (3) years or such longer time as may be required by applicable federal law.
(d) All financial papers not otherwise specified in this section may be destroyed at any time after formal audit reports have been completed and filed in the appropriate offices for a period of six (6) months, and this provision shall apply to the following: Warrants, warrant checks, receipts, canceled checks, and requisitions.
(e) Official bonds of surety or indemnity, five (5) years after the termination of the term of employment.
(f) Insurance policies, five (5) years after the expiration of the term thereof.
(g) Bonds and coupons stamped paid or canceled and returned by the state fiscal agent, six (6) months after the next following annual formal audit of the school district.
History: L. 1955, ch. 335, § 1; L. 1970, ch. 282, § 1; L. 1975, ch. 372, § 1; July 1.
Nothing in K.S.A. 72-1629 shall be deemed to apply to records, documents or papers not specifically mentioned nor to authorize the destruction of records, documents or papers which in their nature should be preserved permanently, nor to prohibit destruction of records, documents or papers obviously of only temporary value after a reasonable time.
History: L. 1955, ch. 335, § 2; June 30.
The governing body of any school district may cause any or all records, documents or papers to be photographed, microphotographed or otherwise reproduced. The photographic film shall comply with federal standard No. 125a, dated April 24, 1958, or the latest revision thereof, issued pursuant to the federal property and administrative services act of 1949, as amended. The device used to reproduce such records on such film shall be one which accurately reproduces the original thereof in all details. The school district may use reproduction methods which include the digital storage and retrieval of official school district records.
History: L. 1955, ch. 335, § 3; L. 1972, ch. 41, § 3; L. 1998, ch. 112, § 4; July 1.
Such photographs, microphotographs or photographic film shall be deemed to be an original record for all purposes, including introduction in evidence in all courts or administrative agencies. A transcript, exemplification or certified copy thereof shall, for all purposes recited herein, be deemed to be a transcript, exemplification, or certified copy of the original.
History: L. 1955, ch. 335, § 4; June 30.
Whenever such photographs, microphotographs or reproductions on film shall be placed in conveniently accessible files and provisions made for preserving, examining and using the same, the custodial officer may, with the approval of the governing body cause the originals from which the photographs or microphotographs have been made or any part thereof to be deposited in a safe place if the same are of a permanent value or destroyed if not of permanent value.
History: L. 1955, ch. 335, § 5; June 30.
History: R.S. 1923, 72-1701; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1899, ch. 252, § 1; L. 1907, ch. 330, § 1; R.S. 1923, 72-1702; L. 1930, ch. 13, § 1; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1949, ch. 370, § 4; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1891, ch. 196, § 3; R.S. 1923, 72-1703; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1891, ch. 196, § 4; L. 1909, ch. 62, § 3; L. 1917, ch. 268, § 1; L. 1919, ch. 262, § 1; L. 1920, ch. 55, § 1; L. 1921, ch. 237, § 1; R.S. 1923, 72-1704; L. 1937, ch. 297, § 1; L. 1945, ch. 289, § 1; L. 1949, ch. 365, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1921, ch. 237, § 3; R.S. 1923, 72-1705; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1921, ch. 79, § 1; R.S. 1923, 72-1706; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-1707; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1921, ch. 79, § 3; R.S. 1923, 72-1708; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 10, § 6; R.S. 1923, 72-1709; L. 1927, ch. 264, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 10, § 7; R.S. 1923, 72-1710; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 10, § 9; L. 1917, ch. 269, § 1; R.S. 1923, 72-1711; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 10, § 10; L. 1885, ch. 178, § 1; L. 1911, ch. 97, § 1; R.S. 1923, 72-1712; L. 1941, ch. 322, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 10, § 11; R.S. 1923, 72-1713; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 10, § 13; R.S. 1923, 72-1714; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 10, § 15; R.S. 1923, 72-1715; L. 1927, ch. 265, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 10, § 16; R.S. 1923, 72-1716; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 10, § 17; R.S. 1923, 72-1717; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 10, § 18; R.S. 1923, 72-1718; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 10, § 19; R.S. 1923, 72-1719; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 10, § 20; R.S. 1923, 72-1720; L. 1927, ch. 266, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1927, ch. 266, § 2; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 10, § 21; R.S. 1923, 72-1721; Repealed, L. 1951, ch. 395, § 74; July 1.
Revisor's Note: Later act, see 72-1628.
History: L. 1876, ch. 122, art. 10, § 22; R.S. 1923, 72-1722; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 10, § 23; R.S. 1923, 72-1723; Repealed, L. 1951, ch. 395, § 74; July 1.
History: G.S. 1868, ch. 18, § 75; L. 1879, ch. 81, § 1; L. 1905, ch. 414, § 1; R.S. 1923, 72-1724; Repealed, L. 1957, ch. 389, § 1; June 29.
History: L. 1908, ch. 31, § 1; L. 1911, ch. 93, § 1; L. 1921, ch. 231, § 1; R.S. 1923, 72-1725; L. 1925, ch. 228, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1939, ch. 265, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1953, ch. 336, § 1; L. 1957, ch. 390, § 1; L. 1959, ch. 282, § 1; L. 1961, ch. 326, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1953, ch. 336, § 2; L. 1957, ch. 390, § 2; L. 1959, ch. 282, § 2; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1953, ch. 336, § 3; L. 1957, ch. 390, § 3; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1953, ch. 336, §§ 4, 5; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1959, ch. 283, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
Revisor's Note: Section transferred to 72-2661.
Revisor's Note: Section transferred to 72-2662.
Revisor's Note: Section transferred to 72-2663.
Revisor's Note: Section transferred to 72-2664.
Revisor's Note: Section transferred to 72-2665.
Revisor's Note: Section transferred to 72-2666.
Revisor's Note: Section transferred to 72-2667.
Revisor's Note: Section transferred to 72-2668.
Revisor's Note: Section transferred to 72-2669.
Revisor's Note: Later act, see 72-1625.
History: L. 1915, ch. 309, § 1; L. 1917, ch. 274, § 1; R.S. 1923, 72-1735; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1915, ch. 309, § 2; L. 1917, ch. 274, § 2; R.S. 1923, 72-1736; Repealed, L. 1933, ch. 309, § 27; April 3.
History: R.S. 1923, 72-1737; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1931, ch. 272, §§ 1 to 3; Repealed, L. 1933, ch. 256, § 1; L. 1933, ch. 257, § 1; June 5.
History: R.S. 1923, 72-1738; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-1739, 72-1740; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1927, ch. 279, §§ 1 to 3; Repealed, L. 1947, ch. 363, § 1; June 30.
History: L. 1931, ch. 270, §§ 1, 2; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1929, ch. 241, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1937, ch. 314, § 1; L. 1939, ch. 254, § 1; Repealed, L. 1947, ch. 363, § 1; June 30.
History: L. 1937, ch. 314, § 2; Repealed, L. 1947, ch. 363, § 1; June 30.
History: L. 1937, ch. 309, §§ 1, 2; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1937, ch. 310, §§ 1 to 3; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1938, ch. 64, §§ 1 to 3; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1939, ch. 261, §§ 1, 2; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1943, ch. 256, §§ 1 to 3; Repealed, L. 1949, ch. 366, § 1; June 30.
History: L. 1939, ch. 262, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
Revisor's Note: Section transferred to 72-2670.
Revisor's Note: Section transferred to 72-2671.
Revisor's Note: Section transferred to 72-2672.
Revisor's Note: Section transferred to 72-2673.
Revisor's Note: Section transferred to 72-2674.
Revisor's Note: Section transferred to 72-2675.
Revisor's Note: Section transferred to 72-2676.
Revisor's Note: Section transferred to 72-2677.
Revisor's Note: Section transferred to 72-2678.
Revisor's Note: Section transferred to 72-2679.
Revisor's Note: Section transferred to 72-2680.
Revisor's Note: Section transferred to 72-2681.
Revisor's Note: Section transferred to 72-2682.
Revisor's Note: Section transferred to 72-2683.
Revisor's Note: Section transferred to 72-2684.
Revisor's Note: Section transferred to 72-2685.
Revisor's Note: Section transferred to 72-2686.
History: L. 1939, ch. 263, §§ 1 to 10; Repealed, L. 1947, ch. 363, § 1; June 30.
Revisor's Note: Section transferred to 72-2687.
Revisor's Note: Section transferred to 72-2688.
Revisor's Note: Section transferred to 72-2689.
Revisor's Note: Section transferred to 72-2690.
Revisor's Note: Section transferred to 72-2691.
Revisor's Note: Section transferred to 72-2692.
Revisor's Note: Section transferred to 72-2693.
Revisor's Note: Section transferred to 72-2694.
Revisor's Note: Section transferred to 72-2695.
Revisor's Note: Section transferred to 72-2696.
Revisor's Note: Section transferred to 72-2697.
Revisor's Note: Section transferred to 72-2698.
Revisor's Note: Section transferred to 72-2699.
Revisor's Note: Section transferred to 72-26,100.
Revisor's Note: Section transferred to 72-26,101.
Revisor's Note: Section transferred to 72-26,102.
Revisor's Note: Section transferred to 72-26,103.
History: L. 1941, ch. 340, § 10; Repealed, L. 1951, ch. 395, § 74; July 1.
Revisor's Note: Section transferred to 72-26,104.
Revisor's Note: Section transferred to 72-26,105.
Revisor's Note: Section transferred to 72-26,106.
Revisor's Note: Section transferred to 72-26,107.
Revisor's Note: Section transferred to 72-26,108.
Revisor's Note: Section transferred to 72-26,109.
Revisor's Note: Section transferred to 72-26,110.
Revisor's Note: Section transferred to 72-26,111.
Revisor's Note: Section transferred to 72-26,112.
Revisor's Note: Section transferred to 72-26,113.
Revisor's Note: Section transferred to 72-26,114.
Revisor's Note: Section transferred to 72-26,115.
Revisor's Note: Section transferred to 72-26,116.
Revisor's Note: Section transferred to 72-26,117.
Revisor's Note: Section transferred to 72-26,118.
Revisor's Note: Section transferred to 72-26,119.
Revisor's Note: Section transferred to 72-26,120.
Revisor's Note: Section transferred to 72-26,121.
Revisor's Note: Section transferred to 72-26,122.
Revisor's Note: Section transferred to 72-26,123.
Revisor's Note: Section transferred to 72-26,124.
Revisor's Note: Section transferred to 72-26,125.
Revisor's Note: Section transferred to 72-26,126.
Revisor's Note: Section transferred to 72-26,127.
Revisor's Note: Section transferred to 72-26,128.
Revisor's Note: Section transferred to 72-26,129.
Revisor's Note: Section transferred to 72-26,130.
Revisor's Note: Section transferred to 72-26,131.
Revisor's Note: Section transferred to 72-26,132.
Revisor's Note: Section transferred to 72-26,133.
Revisor's Note: Section transferred to 72-26,134.
Revisor's Note: Section transferred to 72-26,135.
Revisor's Note: Section transferred to 72-26,136.
Revisor's Note: Section transferred to 72-26,137.
As used in this act, unless the context otherwise requires:
(a) "Board" means the board of education of a school district and the governing authority of any nonpublic school offering any of grades kindergarten to 12 in approved schools.
(b) "State board" means the state board of education.
(c) "Approved school" means any school approved by the state board for the purposes of this act, whether the approval applies to a single school, to all of the schools of a school district or to one or more nonpublic schools.
(d) "Food service programs" means the programs included in the state plan of child nutrition operations under which federal funds and commodities are received pursuant to federal acts relating to child nutrition including the national school lunch act, as amended, and the child nutrition act of 1966, as amended.
(e) "School lunch program" means a food service program under which meals are served by any board on a nonprofit basis to children in attendance, and for which such board receives assistance out of funds appropriated by the congress of the United States.
(f) "School year" means the period from July 1 to June 30.
History: L. 1973, ch. 284, § 1; July 1.
The state of Kansas does hereby accept the provisions and benefits of federal acts relating to food service programs. The state board is hereby designated as the agency for administration of food service programs and for supervision of the administration of food service programs by boards. The state board is authorized to prepare, from time to time amend, and administer the state plan of child nutrition operations as provided in such federal acts.
History: L. 1973, ch. 284, § 2; July 1.
The state board shall be responsible for the allocation and distribution of state and federal funds for food service programs in accordance with this act and with the state plan. Such moneys shall be expended only in accordance with and for the purposes specified in federal or state law or the state plan. Federal funds for food service programs shall be deposited in the state treasury. Payments under this act may be made in installments and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments. The state board shall approve vouchers for disbursements from moneys in the state treasury for food service programs, and the director of accounts and reports shall draw warrants thereon in accordance with law.
History: L. 1973, ch. 284, § 3; July 1.
The state board shall enter into agreements with the United States department of agriculture and other agencies of the federal government for the purpose of participation in food service programs including programs provided for by the national school lunch act, as amended, and the child nutrition act of 1966, as amended. Any such agreement may contain provisions required or authorized by federal law, so long as the same are not in conflict with the provisions of this act. The state board may enter into agreements with any board for the establishment and operation of food service programs. The state board may adopt rules and regulations for the administration of this act and for the distribution of federal and state funds for food service programs, so long as the same are not inconsistent with the provisions of this act.
History: L. 1973, ch. 284, § 4; July 1.
The state board may provide for the state department of education to give technical advice and assistance to any board in connection with the establishment and operation of any food service program and may assist in training personnel therefor. The state board or any board may accept donations for use in connection with any food service program.
History: L. 1973, ch. 284, § 5; July 1.
(a) Each board shall be entitled to receive, from appropriations from the state general fund, six cents (6¢) for each type-A meal served under an approved school lunch program during each school year commencing with the 1978-79 school year. For the purpose of this section every type-A lunch served shall be counted equally. If the total amount of entitlements of all boards in any school year is more than the amount appropriated for payment thereof, then the entire amount appropriated therefor shall be prorated among all boards in proportion to the amount each board is entitled to receive under this act.
(b) Moneys received by a board from appropriations from the state general fund under the provisions of this section shall not be used for the purchase of identifiable imported meats. "Identifiable imported meats" shall mean meats which are labeled as being imported.
History: L. 1973, ch. 284, § 6; L. 1975, ch. 369, § 1; L. 1978, ch. 289, § 1; L. 1979, ch. 224, § 1; April 14.
Each board shall report information necessary for determination of entitlements under K.S.A. 72-17,137 to the state board monthly upon forms provided by it. Seventy-five percent (75%) of the apparent entitlement of each board for each month shall be paid upon proper application therefor by each board. All balances of entitlements under K.S.A. 72-17,137 for the school year shall be paid to boards before June 30 and as soon as the state board deems practicable. The state board shall approve vouchers for payments under this section, and the director of accounts and reports shall issue his warrants thereon payable to the appropriate boards.
History: L. 1973, ch. 284, § 7; July 1.
There is hereby established in every school district a fund which shall be called the "food service fund," which fund shall consist of all moneys deposited therein or transferred thereto according to law. All moneys received by the school district for food service and from charges for food service shall be credited to the food service fund. The expenses of a school district attributable to food service shall be paid from the food service fund. No moneys in the food service fund shall be transferred to any other fund of the district. Nonpublic schools shall maintain fund accounting of programs supported under this act.
History: L. 1973, ch. 284, § 8; July 1.
In accordance with the provisions of this act, each board having a food service program shall appoint an authorized representative who shall be responsible for the operation and management of the food service program.
History: L. 1973, ch. 284, § 9; July 1.
The state board shall adopt rules and regulations for the keeping of records and the making of reports on programs under this act. Such records shall at all times be available for inspection and audit by authorized officials and shall be preserved for a period of five (5) years. The state board shall conduct or cause to be conducted such audits, inspections, and administrative reviews of records and operations with respect to food service programs as may be necessary to determine whether its agreements with boards, the state law and rules and regulations are being complied with, and to insure that food service programs are effectively administered.
History: L. 1973, ch. 284, § 10; July 1.
The state board may in cooperation with other appropriate agencies and organizations conduct studies of methods of improving and expanding food service programs and promoting nutritional education in the schools and may conduct appraisals of the nutritive benefits of food service programs.
History: L. 1973, ch. 284, § 11; July 1.
(a) The state board may, to the extent that funds are available therefor, allocate and distribute state and federal funds to any board, for the purpose of assisting in the establishment, maintenance and expansion of food service programs in schools, giving priority to especially needy schools.
(b) The state board may adopt rules and regulations for the allocation and distribution of state and federal funds under this section so long as the same are not inconsistent with the state plan of child nutrition operations or with the provisions of this act.
(c) The state board may adopt rules and regulations for determining especially needy schools.
History: L. 1973, ch. 284, § 12; July 1.
(a) As used in this section "child-care institution" means any nonprofit nursery school, child-care center, settlement house, summer camp or similar nonprofit institution devoted to the care and training of children if the same has been approved by the state board for the purposes of this section.
(b) Any board may establish and operate a food service program for children in attendance at a child-care institution. The governing authority of any child-care institution may establish and operate a food service program for children in attendance in such child-care institution.
(c) The provisions of this act, except K.S.A. 72-17,137 and 72-17,138, shall apply to any program operated under this section by a board. The provisions of this act, except K.S.A. 72-17,137 and 72-17,138, shall apply to any program operated under this section by the governing authority of a child-care institution and such provisions (except K.S.A. 72-17,137 and 72-17,138) shall also apply to such governing authority to the extent that the same may be made applicable.
History: L. 1973, ch. 284, § 13; July 1.
(a) As used in this section, the term "school breakfast program" means a food service program under which breakfasts are made available by a board of education on a nonprofit basis to pupils in attendance at school, and for which such board receives assistance from funds appropriated by the congress of the United States; and the term "food service program" has the meaning ascribed thereto in K.S.A. 72-17,132, and amendments thereto.
(b) The board of education of each school district may enter into an agreement with the state board of education for the establishment and maintenance of a school breakfast program under which breakfasts are made available to pupils in attendance at school. Such breakfasts may be made available in any one or more school buildings operated or used for pupil attendance purposes by the board of education. The provisions of this subsection shall expire on June 30, 1993.
(c) On or before July 1, 1993, the board of education of each school district shall enter into an agreement with the state board of education for the establishment and maintenance of a school breakfast program under which breakfasts are made available to pupils in attendance at school. Subject to the provisions of subsection (d), such breakfasts shall be made available in each school building operated or used for pupil attendance purposes by the board of education.
(d) The state board of education may waive the requirement that breakfasts be made available in each school building operated or used for pupil attendance purposes, subject to the following:
(1) No waiver shall be granted which releases a board of education from the requirement that breakfasts be made available in a school building in which 35% or more of the pupils in attendance at school in such building during the month of March of the preceding school year were pupils who were eligible for free or reduced price meals under the national school lunch act.
(2) A waiver releasing a board of education from the requirement that breakfasts be made available in a school building, other than a school building designated in provision (1), may be granted by the state board of education upon application for such waiver by the board. The application shall include the reason or reasons for which the waiver is being requested. The state board shall evaluate the application for waiver, determine the validity of the reason or reasons for which the waiver is being requested, and grant or deny the application for waiver. The state board shall establish criteria for determination of the validity of reasons for waiver of the requirement that breakfasts be made available in each school building operated or used for pupil attendance purposes.
(e) The provisions of subsections (c) and (d) shall expire upon failure of the congress of the United States to reauthorize funding for the school breakfast program.
History: L. 1992, ch. 181, § 1; July 1.
(a) The board of education of any school district may enter into contracts with:
(1) The governing authority of any nonpublic school or any child-care institution for the provision of meals for children in attendance at such nonpublic school or child-care institution;
(2) the governing body of any municipality for the provision of meals to persons for whom the municipality is responsible for providing meals;
(3) subject to the provisions of K.S.A. 72-17,147, and amendments thereto, any state educational institution or corporation whose operations are substantially controlled by a state educational institution for the provision of meals for students, alumni and other members of the public in attendance at functions or activities of the state educational institution; and
(4) any nonprofit organization for the provision of food services for the elderly, sick, homeless or other vulnerable persons.
(b) Any contract entered into by a board of education pursuant to the provisions of this section shall provide for payment to the district. Such payment shall not be less than the cost incurred by the school district. Moneys received by a school district under any such contract shall be deposited in the food service fund of the district and may be expended whether budgeted or not.
(c) The provisions contained in article 17 of chapter 72 of Kansas Statutes Annotated, except the provisions contained in K.S.A. 72-17,137 and 72-17,138, and amendments thereto, shall apply to meals provided by the board of education of a school district under any contract entered into pursuant to the provisions of this section.
(d) As used in this section:
(1) "Nonpublic school" means a nonpublic school approved by the state board of education for participation in food service programs defined in K.S.A. 72-17,132, and amendments thereto;
(2) "child-care institution" has the meaning ascribed thereto in K.S.A. 72-17,144, and amendments thereto;
(3) "municipality" means any political or taxing subdivision of the state and any agency, authority, institution or instrumentality of a municipality; and
(4) "state educational institution" has the meaning ascribed thereto by K.S.A. 76-711, and amendments thereto.
History: L. 1996, ch. 269, § 1; L. 1998, ch. 166, § 3; L. 1999, ch. 150, § 1; L. 2003, ch. 53, § 1; July 1.
No contract for the provision of meals pursuant to subsection (a)(3) of K.S.A. 72-17,146, and amendments thereto, may be entered into by the board of education of a school district and a state educational institution or corporation whose operations are substantially controlled by the state educational institution unless such institution or corporation shall have advertised for bids on such contract. A state educational institution or corporation may enter into a contract with a school district only if fewer than two bids are received from private entities on such contract.
History: L. 1999, ch. 150, § 2; July 1.
(a) The state board of education shall develop nutrition guidelines for all foods and beverages made available to students in Kansas public schools during the school day. In developing such guidelines, the state board of education shall consult with other state agencies, private foundations and other private entities. In developing such guidelines, particular attention shall be given to providing healthful foods and beverages, physical activities and wellness education with the goals of preventing and reducing childhood obesity.
(b) When establishing the wellness policy of the school district, the board of education of each district shall take into consideration the guidelines developed by the state board under subsection (a).
History: L. 2005, ch. 96, § 1; July 1.
History: R.S. 1923, 72-1801; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 11, § 2; R.S. 1923, 72-1802; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-1803; Repealed, L. 1925, ch. 222, § 2; May 28.
History: L. 1927, ch. 261, § 1; L. 1947, ch. 364, § 1; L. 1949, ch. 368, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1915, ch. 307, §§ 1, 2; R.S. 1923, 72-1804, 72-1805; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 11, § 4; R.S. 1923, 72-1806; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 11, §§ 5, 6; R.S. 1923, 72-1807, 72-1808; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 11, § 9; L. 1889, ch. 224, § 1; R.S. 1923, 72-1809; L. 1945, ch. 290, § 11; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 11, § 11; R.S. 1923, 72-1810; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 11, §§ 12, 14, 15; R.S. 1923, 72-1811 to 72-1813; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1905, ch. 399, § 1; R.S. 1923, 72-1814; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1876, ch. 122, art. 11, § 19; R.S. 1923, 72-1815; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 11, § 20; R.S. 1923, 72-1816; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 11, § 21; R.S. 1923, 72-1817; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 11, § 22; R.S. 1923, 72-1818; Repealed, L. 1951, ch. 395, § 74; July 1.
Revisor's Note: Later act, see 72-1628.
History: L. 1876, ch. 122, art. 11, § 23; R.S. 1923, 72-1819; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-1820; L. 1949, ch. 369, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-1821; Repealed, L. 1951, ch. 295, § 74; July 1.
History: L. 1876, ch. 122, art. 11, § 32; R.S. 1923, 72-1822; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1887, ch. 218, § 1; R.S. 1923, 72-1823; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1911, ch. 115, § 1; L. 1913, ch. 120, § 1; R.S. 1923, 72-1824; L. 1925, ch. 229, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-1825; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1911, ch. 115, § 3; L. 1913, ch. 120, § 3; R.S. 1923, 72-1826; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1915, ch. 319, § 1; R.S. 1923, 72-1827; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-1828; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-1829 to 72-1833; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1929, ch. 243, §§ 1, 2; Repealed, L. 1947, ch. 363, § 1; June 30.
History: L. 1937, ch. 93, §§ 1, 2; Repealed, L. 1947, ch. 363, § 1; June 30.
History: L. 1937, ch. 315, § 1; Repealed, L. 1947, ch. 363, § 1; June 30.
History: L. 1937, ch. 312, §§ 1 to 9; Repealed, L. 1984, ch. 289, § 28; July 1.
History: L. 1941, ch. 329, §§ 1 to 3; Repealed, L. 1947, ch. 363, § 1; June 30.
History: L. 1941, ch. 328, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1945, ch. 300, §§ 1 to 3; L. 1949, ch. 370, §§ 1 to 3; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1945, ch. 300, §§ 4 to 6; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1945, ch. 296, § 1; Repealed, L. 1949, ch. 366, § 1; June 30.
History: L. 1949, ch. 396, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1949, ch. 395, §§ 1, 2; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1949, ch. 397, §§ 1, 2; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1949, ch. 394, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1951, ch. 417, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 418, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 416, §§ 1, 2; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1957, ch. 420, §§ 1, 2; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1957, ch. 406, § 1; L. 1963, ch. 362, § 1; Repealed, L. 1969, ch. 312, § 1; May 10.
History: L. 1961, ch. 352, §§ 1 to 5; Repealed, L. 1968, ch. 125, § 1; July 1.
History: L. 1965, ch. 423, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
The board of education or other governing body of any school district owning or operating boilers may purchase boiler insurance which insurance shall include inspection of boilers, and pay for the same out of the general fund or other appropriate fund of the school district.
History: L. 1968, ch. 204, § 2; July 1.
The board of education or other governing body of any school district may purchase fire and extended coverage insurance upon property of the school district or under its supervision and control and pay for the same out of the general fund or other appropriate fund of the school district.
History: L. 1968, ch. 204, § 3; July 1.
The term of any policy of insurance purchased under the provisions of this act shall not exceed three (3) years.
History: L. 1968, ch. 204, § 4; July 1.
The board of education of every school district or its contract carrier may purchase motor vehicle liability insurance and medical payments insurance for the protection and benefit of the school district and the officers, agents and employees for the school district and the students, officers, agents and employees thereof who are transported in or operate school buses owned, operated, maintained or controlled by the school district and of persons while riding in or upon, entering or alighting from such vehicles.
History: L. 1968, ch. 401, § 10; L. 1969, ch. 357, § 1; L. 1979, ch. 186, § 26; L. 1980, ch. 87, § 2; L. 1990, ch. 262, § 1; July 1.
The board of education of any school district or the board of trustees of any community college may procure contracts insuring its certificated employees and other employees or any class or classes thereof under a policy or policies of group life, group health, disability income, accident, accidental death and dismemberment, and hospital, surgical, and medical expense insurance or may procure contracts with health maintenance organizations or may act as a self-insurer to provide health care services and disability income benefits for such employees. The dependents of any such certificated employee or other employee may be insured under group policies which provide hospital, surgical, and medical expense insurance or under contracts entered into with health maintenance organizations to provide health care services or may have health care services and disability income benefits provided for by any school district or community college that acts as a self-insurer under this section. In addition to the foregoing authorizations, the board of education of any school district may act as a self-insurer to provide benefits indemnifying against death for such employees and their dependents. The contributions of employees to the premiums for insurance issued to the employer, or any group of employers, as the policyholder, or for the provision of health care services and disability income benefits may be deducted by the employer from the employees' salaries when authorized to do so in writing by the respective employees.
History: L. 1969, ch. 359, § 1; L. 1970, ch. 299, § 1; L. 1976, ch. 323, § 1; L. 1980, ch. 226, § 1; L. 1983, ch. 243, § 1; L. 1990, ch. 263, § 1; July 1.
Any school district or community junior college which is authorized by K.S.A. 72-1891 to procure a contract insuring its certificated employees and other employees or any class or classes thereof under a policy or policies of group insurance covering one or more risks or to procure a contract with a health maintenance organization to provide health care services for such employees may pay all or a portion of the premiums on such policies or the charges on such contract from the funds of such school district or community junior college.
History: L. 1969, ch. 359, § 2; L. 1975, ch. 384, § 1; L. 1976, ch. 323, § 2; July 1.
(a) If the board of education of any school district elects to act as a self-insurer for the provision of health care services, disability income benefits or a group life insurance benefit as authorized by K.S.A. 72-1891, and amendments thereto, the board shall make payments for claims, judgments and expenses for health care services, disability income benefits or group life insurance benefits, whichever is applicable from the special reserve fund of the school district.
The board of education may enter into a trust agreement with any corporate entity having the powers of a trust company within the state of Kansas, and may transfer from time to time amounts held in the special reserve fund to the custody of the trustee for safeguarding and investment. Any such trust agreement may grant the trustee the power to exercise such fiscal management and administrative control as may be necessary for the lawful and efficient management of any such amounts transferred to the custody of the trustee.
(b) If the board of trustees of any community college elects to act as a self-insurer for the provision of health care services, disability income benefits or a group life insurance benefit as authorized by K.S.A. 72-1891, and amendments thereto, the board shall create a separate health care services reserve fund or disability income benefits reserve fund, or a separate group life insurance benefit reserve fund, or all three, in the budget of the community college which shall be reserve funds for the payments of claims, judgments and expenses for health care services or disability income benefits or group life insurance benefits, whichever is applicable. Any balance remaining in any such reserve fund at the end of the fiscal year shall be carried forward into that reserve fund for succeeding fiscal years. No such fund shall be subject to the provisions of K.S.A. 79-2925 through 79-2937, and amendments thereto. In preparing the budget of such community college, the amounts credited to and the amount on hand in any such reserve fund, and the amount expended therefrom shall be included in the annual budget for the information of the residents. Interest earned on the investment of moneys in any such fund shall be credited to that fund.
The board of trustees, may enter into a trust agreement with any corporate entity having the powers of a trust company within the state of Kansas, and may transfer from time to time amounts held in the health care services reserve fund or the disability income benefits reserve fund, or the group life insurance benefit reserve fund, or all three, to the custody of the trustee for safeguarding and investment. Any such trust agreement may grant the trustee the power to exercise such fiscal management and administrative control as may be necessary for the lawful and efficient management of any such amounts transferred to the custody of the trustee.
History: L. 1980, ch. 226, § 2; L. 1982, ch. 302, § 1; L. 1983, ch. 243, § 2; L. 1992, ch. 119, § 1; L. 2003, ch. 116, § 15; July 1.
(a) Any school district that elects to become a self-insurer under the provisions of K.S.A. 72-1891, and amendments thereto, may transfer moneys from its general fund to the special reserve fund of the district as provided by K.S.A. 72-5170, and amendments thereto.
(b) Any community college that elects to become a self-insurer under the provisions of K.S.A. 72-1891, and amendments thereto, may transfer such amounts from its general fund to the health care services reserve fund or the disability income benefits reserve fund, or the group life benefit reserve fund, or all three, as may be deemed necessary to meet the cost of health care services or disability income benefits, or group life insurance claims, whichever is applicable.
History:
L. 1980, ch. 226, § 3; L. 1983, ch. 243, § 3; L. 1992, ch. 119, § 2; L. 2003, ch. 116, § 16; L. 2015, ch. 4, § 61; L. 2017, ch. 95, § 88; July 1.
The board of education of any school district may purchase insurance contracts to insure against loss resulting from sickness or bodily injury or death by accident, on the part of students who are injured on school premises, or during school sponsored activities.
History: L. 1973, ch. 303, § 1; July 1.
The board of education of any school district may purchase insurance contracts for the benefit of students, to insure against loss resulting from loss, theft of, or damage to, the personal property of students while on school premises, or during school sponsored activities.
History: L. 1973, ch. 303, § 2; July 1.
History: R.S. 1923, 72-1901; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1876, ch. 122, art. 12, § 2; R.S. 1923, 72-1902; Repealed, L. 1969, ch. 312, § 6; May 10.
Revisor's Note: Section transferred to 72-4206.
Revisor's Note: Section transferred to 72-4207.
History: L. 1994, ch. 289, § 3; L. 2000, ch. 133, § 1; Repealed, L. 2002, ch. 80, § 6; July 1.
Revisor's Note: Section transferred to 72-4208.
Revisor's Note: Section transferred to 72-4209.
Revisor's Note: Section transferred to 72-4210.
Revisor's Note: Section transferred to 72-4211.
Revisor's Note: Section transferred to 72-4212.
Revisor's Note: Section transferred to 72-4213.
Revisor's Note: Section transferred to 72-4221.
Revisor's Note: Section transferred to 72-4222.
Revisor's Note: Section transferred to 72-4223.
Revisor's Note: Section transferred to 72-4224.
Revisor's Note: Section transferred to 72-4225.
Revisor's Note: Section transferred to 72-4226.
Revisor's Note: Section transferred to 72-4227.
Revisor's Note: Section transferred to 72-4228.
Revisor's Note: Section transferred to 72-4229.
Revisor's Note: Section transferred to 72-4230.
History: R.S. 1923, 72-2001; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-2002; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1879, ch. 49, § 4; R.S. 1923, 72-2003; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-2004; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1879, ch. 49, § 7; R.S. 1923, 72-2005; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1913, ch. 281, § 1; R.S. 1923, 72-2006; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-2007 to 72-2009; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1927, ch. 96, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1941, ch. 333, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1943, ch. 258, §§ 1 to 3; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1945, ch. 295, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1949, ch. 389, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1961, ch. 349, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1963, ch. 364, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 395, § 44; L. 1953, ch. 330, § 1; L. 1955, ch. 319, § 1; L. 1959, ch. 287, § 1; L. 1961, ch. 327, § 1; L. 1967, ch. 373, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 395, § 45; L. 1961, ch. 317, § 4; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 421, § 1; Repealed, L. 1953, ch. 331, § 1; June 30.
History: L. 1951, ch. 420, §§ 1, 2; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1953, ch. 357, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1953, ch. 350, §§ 1 to 3; Repealed, L. 1955, ch. 320, § 1; April 9.
History: L. 1953, ch. 351, §§ 1, 2; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1957, ch. 414, §§ 1 to 3; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1957, ch. 413, § 1; L. 1959, ch. 288, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
Revisor's Note: Section transferred to 72-1507.
Revisor's Note: Section transferred to 72-1508.
Revisor's Note: Section transferred to 72-1509.
Revisor's Note: Section transferred to 72-1510.
Revisor's Note: Section transferred to 72-1511.
Revisor's Note: Section transferred to 72-1512.
Revisor's Note: Section transferred to 72-1513.
Revisor's Note: Section transferred to 72-1514.
Revisor's Note: Section transferred to 72-1515.
Revisor's Note: Section transferred to 72-1516.
Revisor's Note: Section transferred to 72-1517.
Revisor's Note: Section transferred to 72-1518.
Revisor's Note: Section transferred to 72-1519.
Revisor's Note: Section transferred to 72-1520.
Revisor's Note: Section transferred to 72-1521.
Revisor's Note: Section transferred to 72-1522.
Revisor's Note: Section transferred to 72-1523.
Revisor's Note: Section transferred to 72-1524.
Revisor's Note: Section transferred to 72-1525.
Revisor's Note: Section transferred to 72-1526.
Revisor's Note: Section transferred to 72-1527.
Revisor's Note: Section transferred to 72-1528.
Revisor's Note: Section transferred to 72-1529.
Revisor's Note: Section transferred to 72-1530.
Revisor's Note: Section transferred to 72-1531.
Revisor's Note: Section transferred to 72-1532.
Revisor's Note: Section transferred to 72-1533.
History: L. 1915, ch. 322, § 1; R.S. 1923, 72-2128; Repealed, L. 1978, ch. 430, § 11; April 1.
History: L. 1915, ch. 322, § 2; R.S. 1923, 72-2129; Repealed, L. 1974, ch. 364, § 40; January 13, 1975.
History: L. 1915, ch. 322, § 3; R.S. 1923, 72-2130; L. 1974, ch. 364, § 7; L. 1975, ch. 368, § 1; Repealed, L. 1978, ch. 430, § 11; April 1.
History: L. 1915, ch. 322, § 4; R.S. 1923, 72-2131; Repealed, L. 1978, ch. 430, § 11; April 1.
History: L. 1915, ch. 322, §§ 5 to 7; R.S. 1923, 72-2132 to 72-2134; Repealed, L. 1978, ch. 430, § 11; April 1.
Revisor's Note: Section transferred to 72-1534.
History: L. 1915, ch. 322, § 9; R.S. 1923, 72-2136; Repealed, L. 1995, ch. 113, § 1; July 1.
History: L. 1915, ch. 322, § 10; R.S. 1923, 72-2137; Repealed, L. 1995, ch. 113, § 1; July 1.
Revisor's Note: Section transferred to 72-1535.
Revisor's Note: Section transferred to 72-1536.
Revisor's Note: Section transferred to 72-1537.
Revisor's Note: Section transferred to 72-1538.
History: L. 1921, ch. 272, § 1; R.S. 1923, 72-2142; L. 1974, ch. 364, § 9; Repealed, L. 1978, ch. 430, § 11; April 1.
History: L. 1921, ch. 272, § 2; R.S. 1923, 72-2143; Repealed, L. 1947, ch. 365, § 2; June 30.
History: L. 1921, ch. 272, § 3; R.S. 1923, 72-2144; L. 1947, ch. 365, § 1; L. 1974, ch. 295, § 11; L. 1976, ch. 311, § 6; Repealed, L. 1978, ch. 430, § 11; April 1.
History: L. 1921, ch. 272, § 4; R.S. 1923, 72-2145; L. 1974, ch. 364, § 10; Repealed, L. 1978, ch. 430, § 11; April 1.
Revisor's Note: Section transferred to 72-1539.
Revisor's Note: Section transferred to 72-1540.
Revisor's Note: Section transferred to 72-1541.
Revisor's Note: Section transferred to 72-1542.
Whenever a statute, contract or other document, uses or refers to the words or phrases "certification as a teacher," "certified employee of a school district," "certified personnel of a school district" or words and phrases of like effect such use or reference shall be deemed to mean "licensure as a teacher" or "licensed employee of a school" or "licensed personnel of a school district."
History: L. 2005, ch. 69, § 1; July 1.
Upon application of any college or university, or educational institution of like standing, incorporated under the general laws of the state of Kansas, and requiring a four-year high-school course or its equivalent, as a condition of admission, the state board shall have the power to examine the course of study prescribed and the character of the work done by it; and if, in the judgment of the state board, the course of study and the character of the work done shall be of such standing as to prepare the graduates of such institution to teach successfully in the public schools of this state, and if said institution maintains a department of education and the course of study prescribed includes work in said department satisfactory to the state board, the state board shall place such institution on the accredited list.
History: L. 1945, ch. 282, § 26; L. 1968, ch. 250, § 1; July 1.
Any institution on the accredited list shall be subject to examination by the state board at its pleasure with respect to its course of study, its equipment, and the character of its work; and additional requirements may be made by the state board. Any institution failing to maintain a standard satisfactory to the state board shall be dropped from the accredited list.
History: L. 1945, ch. 282, § 27; L. 1968, ch. 250, § 2; July 1.
The provisions of K.S.A. 72-2151 and 72-2152, and amendments thereto, shall apply to state educational institutions under the control and supervision of the state board of regents, and may, at the discretion of the state board, be extended to any institution in any of the United States which shall satisfy the state board, that it maintains an efficient department of education, and meets the other requirements for schools on the accredited list.
History: L. 1945, ch. 282, § 29; L. 1968, ch. 250, § 3; L. 1977, ch. 237, § 5; April 21.
The state board of education, upon being satisfied as to the general qualifications of an applicant to teach, may in its discretion issue a special license and specify on the face of such license the subject or subjects that the holder of the license is authorized to teach. It shall be unlawful for the holder of a license on the face of which is specified the subjects to teach any subjects not so specified.
History: L. 1945, ch. 282, § 36; L. 1969, ch. 317, § 1; L. 2005, ch. 69, § 3; July 1.
Any license issued by the state board of education or institutions under the state board of regents may be canceled by the state board of education in the manner provided by law, on the grounds of immorality, gross neglect of duty, annulling of written contracts with boards of education without the consent of the board which is a party to the contract, or for any cause that would have justified the withholding thereof when the same was granted.
History: L. 1945, ch. 282, § 38; L. 1969, ch. 317, § 2; L. 2005, ch. 69, § 4; July 1.
(a) Each application to the state board of education for an initial license, renewal of a license, a duplicate license or reinstatement of a license shall be accompanied by a fee which shall be established by the state board of education as provided by this section. Prior to July 1 of each year, the state board of education shall determine the amount of revenue which will be required to properly administer the provisions of article 21 of chapter 72 of [the] Kansas Statutes Annotated during the ensuing fiscal year, and shall establish the amounts of such fees for such year in the amount deemed necessary for such purposes. Such fees shall become effective on July 1 of each year. The state board of education shall remit all moneys received by or for it from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the teacher and administrator fee fund which is hereby created. Moneys in such fund shall be used only for the payment of expenses connected with the issuance, renewal, or duplication of such licenses, and for the keeping of records by the state department of education. All expenditures from the teacher and administrator fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the state board of education or by a person or persons designated by it.
(b) The certificate fee fund is hereby abolished. All moneys in such fund are hereby transferred and credited to the teacher and administrator fee fund.
History: L. 1945, ch. 282, § 42; L. 1955, ch. 315, § 1; L. 1961, ch. 324, § 1; L. 1969, ch. 317, § 3; L. 1977, ch. 244, § 1; L. 1982, ch. 295, § 1; L. 1986, ch. 266, § 1; L. 2001, ch. 5, § 283; L. 2005, ch. 69, § 5; July 1.
(a) The state board of education, in accordance with law, is authorized to adopt rules and regulations providing for the issuance, renewal, reinstatement and registration of licenses for teachers and other personnel in the state department of education and in schools and institutions under the general supervision of the state board of education.
(b) In addition to other requirements and subject to the provisions of K.S.A. 72-2164, and amendments thereto, the rules and regulations of the state board of education shall include after May 1, 1986, the requirement that applicants for initial issuance of licenses to teach shall take and satisfactorily pass an examination prescribed by the state board.
(c) The privilege to teach at any level or in any field or subject, if such privilege is or has been granted when a license is issued, may not be withheld during the term for which the license is issued except as provided in K.S.A. 72-2155 or 72-2216, and amendments to such sections.
History: L. 1947, ch. 362, § 1; L. 1969, ch. 317, § 4; L. 1984, ch. 264, § 1; L. 1985, ch. 238, § 1; L. 2005, ch. 69, § 6; July 1.
Before a teacher's license is issued, it shall be signed by appropriate personnel of the state department of education designated by the state board of education and such licenses shall be registered in the state department of education. Nothing in this act shall invalidate a certificate or license issued prior to July 1, 2005.
History: L. 1947, ch. 362, § 2; L. 1969, ch. 317, § 5; L. 2005, ch. 69, § 7; July 1.
It shall be unlawful for the board of education of any school district to issue an order for payment of the salary of any employee required by law to be licensed who does not hold a license which is valid in the state of Kansas for the particular kind of work to be performed.
History: L. 1947, ch. 362, § 3; L. 1969, ch. 317, § 6; L. 2005, ch. 69, § 8; July 1.
The board of education of any school district may enter into contracts with colleges and universities for the use of student teachers in the public schools. The state board of education, by rules and regulations, shall provide for the issuance of student teaching licenses and may authorize persons holding such student teaching licenses to assume responsibilities of teachers in schools within limitations prescribed by the state board. Student teaching licenses shall be issued without the charge of any fee or cost by the state board of education.
History: L. 1970, ch. 278, § 1; L. 1971, ch. 226, § 1; L. 2005, ch. 69, § 9; July 1.
The state board of education is hereby prohibited from adopting rules and regulations which require licensure of administrators, teachers or instructors in any community college or which require any such administrators, teachers or instructors to meet any other conditions for qualification for employment in any such community college.
History: L. 1975, ch. 360, § 2; L. 1975, ch. 359, § 2; L. 2005, ch. 69, § 10; July 1.
(a) The state board of education shall prescribe an examination designed to insure that the licensure of a person as a teacher is a reliable indicator that the person has the basic knowledge and qualifications necessary to engage in the profession of teaching in this state.
(b) In order to comply with the requirements of subsection (a), the state board of education shall select an examination which will measure the basic knowledge and qualifications of applicants for licensure as teachers and shall provide for administration and validation of the examination. The examination shall be administered to applicants at least two times each calendar year at various locations within the state.
(c) The state board of education shall adopt rules and regulations to guarantee the confidentiality of the examination, but shall make available to applicants information regarding examination specifications and shall prescribe the method by which persons who take the examination may obtain the results thereof.
History: L. 1984, ch. 264, § 2; L. 2005, ch. 69, § 11; July 1.
Any applicant who is seeking a license to teach in this state and who is required to take the examination required by this act may apply for and take the examination without limitation as to the frequency of applications or testing, subject to any limit imposed by the state board. The state board of education shall determine the passing score for the examination which will be required to be attained by applicants as a prerequisite for licensure. An applicant shall not be required to pass the examination more than once.
History: L. 1984, ch. 264, § 3; L. 2005, ch. 69, § 12; July 1.
(a) Any person holding a teaching license valid in the state of Kansas which was issued prior to May 1, 1986, is exempt from the examination required by this act.
(b) The following persons, or any class or classes thereof, may be exempted by the state board of education from the examination required by this act:
(1) Any person holding a teaching license valid in any other state if the requirements under which the license was issued are comparable, in the opinion of the state board, to the requirements of this state, other than examination, for issuance of a teaching license.
(2) Any person applying for a one-year, nonrenewable license if the person meets all requirements for licensure, other than examination, for issuance of a teaching license.
(3) Any person applying for licensure by the state board to provide services in a position for which the state board deems the examination is inappropriate or unnecessary if the person meets the licensure requirements which have been established by the state board as appropriate and necessary for the position.
History: L. 1984, ch. 264, § 4; L. 1985, ch. 238, § 2; L. 2005, ch. 69, § 13; July 1.
(a) The state board of education shall not knowingly issue a license to or renew the license of any person who has been convicted of:
(1) Rape, as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto;
(2) indecent liberties with a child, as defined in K.S.A. 21-3503, prior to its repeal, or K.S.A. 21-5506(a), and amendments thereto;
(3) aggravated indecent liberties with a child, as defined in K.S.A. 21-3504, prior to its repeal, or K.S.A. 21-5506(b), and amendments thereto;
(4) criminal sodomy, as defined in K.S.A. 21-3505(a)(2) or (a)(3), prior to its repeal, or K.S.A. 21-5504(a)(3) or (a)(4), and amendments thereto;
(5) aggravated criminal sodomy, as defined in K.S.A. 21-3506, prior to its repeal, or K.S.A. 21-5504(b), and amendments thereto;
(6) indecent solicitation of a child, as defined in K.S.A. 21-3510, prior to its repeal, or K.S.A. 21-5508(a), and amendments thereto;
(7) aggravated indecent solicitation of a child, as defined in K.S.A. 21-3511, prior to its repeal, or K.S.A. 21-5508(b), and amendments thereto;
(8) sexual exploitation of a child, as defined in K.S.A. 21-3516, prior to its repeal, or K.S.A. 21-5510, and amendments thereto;
(9) aggravated incest, as defined in K.S.A. 21-3603, prior to its repeal, or K.S.A. 21-5604(b), and amendments thereto;
(10) aggravated endangering a child, as defined in K.S.A. 21-3608a, prior to its repeal, or K.S.A. 21-5601(b), and amendments thereto;
(11) abuse of a child, as defined in K.S.A. 21-3609, prior to its repeal, or K.S.A. 21-5602, and amendments thereto;
(12) capital murder, as defined in K.S.A. 21-3439, prior to its repeal, or K.S.A. 21-5401, and amendments thereto;
(13) murder in the first degree, as defined in K.S.A. 21-3401, prior to its repeal, or K.S.A. 21-5402, and amendments thereto;
(14) murder in the second degree, as defined in K.S.A. 21-3402, prior to its repeal, or K.S.A. 21-5403, and amendments thereto;
(15) voluntary manslaughter, as defined in K.S.A. 21-3403, prior to its repeal, or K.S.A. 21-5404, and amendments thereto;
(16) involuntary manslaughter, as defined in K.S.A. 21-3404, prior to its repeal, or K.S.A. 21-5405, and amendments thereto;
(17) involuntary manslaughter while driving under the influence of alcohol or drugs, as defined in K.S.A. 21-3442, prior to its repeal;
(18) sexual battery, as defined in K.S.A. 21-3517, prior to its repeal, or K.S.A. 21-5505(a), and amendments thereto, when, at the time the crime was committed, the victim was less than 18 years of age or a student of the person committing such crime;
(19) aggravated sexual battery, as defined in K.S.A. 21-3518, prior to its repeal, or K.S.A. 21-5505(b), and amendments thereto;
(20) commercial sexual exploitation of a child, as defined in K.S.A. 21-6422, and amendments thereto;
(21) human trafficking, as defined in K.S.A. 21-3446, prior to its repeal, or K.S.A. 21-5426(a), and amendments thereto;
(22) aggravated human trafficking, as defined in K.S.A. 21-3447, prior to its repeal, or K.S.A. 21-5426(b), and amendments thereto;
(23) attempt under K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-5301, and amendments thereto, to commit any act specified in this subsection;
(24) conspiracy under K.S.A. 21-3302, prior to its repeal, or K.S.A. 21-5302, and amendments thereto, to commit any act specified in this subsection;
(25) an act in another state or by the federal government that is comparable to any act described in this subsection; or
(26) an offense in effect at any time prior to the effective date of this act that is comparable to an offense as provided in this subsection.
(b) Except as provided in subsection (c), the state board of education shall not knowingly issue a license to or renew the license of any person who has been convicted of, or has entered into a criminal diversion agreement after having been charged with:
(1) A felony under K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009;
(2) a felony described in any section of article 34 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 54 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-6325, 21-6326 or 21-6418, and amendments thereto, other than an act specified in subsection (a), or a battery, as described in K.S.A. 21-3412, prior to its repeal, or K.S.A. 21-5413(a), and amendments thereto, or domestic battery, as described in K.S.A. 21-3412a, prior to its repeal, or K.S.A. 21-5414, and amendments thereto, if the victim is a minor or student;
(3) a felony described in any section of article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6419 through 21-6421, and amendments thereto, other than an act specified in subsection (a);
(4) any act described in any section of article 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 56 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, other than an act specified in subsection (a);
(5) a felony described in article 37 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 58 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6412(a)(6), and amendments thereto;
(6) promoting obscenity, as described in K.S.A. 21-4301, prior to its repeal, or K.S.A. 21-6401(a), and amendments thereto, promoting obscenity to minors, as described in K.S.A. 21-4301a, prior to its repeal, or K.S.A. 21-6401(b), and amendments thereto, or promoting to minors obscenity harmful to minors, as described in K.S.A. 21-4301c, prior to its repeal, or K.S.A. 21-6402, and amendments thereto;
(7) endangering a child, as defined in K.S.A. 21-3608, prior to its repeal, or K.S.A. 21-5601(a), and amendments thereto;
(8) driving under the influence of alcohol or drugs in violation of K.S.A. 8-1567 or 8-2,144, and amendments thereto, when the violation is punishable as a felony;
(9) attempt under K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-5301, and amendments thereto, to commit any act specified in this subsection;
(10) conspiracy under K.S.A. 21-3302, prior to its repeal, or K.S.A. 21-5302, and amendments thereto, to commit any act specified in this subsection; or
(11) an act committed in violation of a federal law or in violation of another state's law that is comparable to any act described in this subsection.
(c) The state board of education may issue a license to or renew the license of a person who has been convicted of committing an offense or act described in subsection (b) or who has entered into a criminal diversion agreement after having been charged with an offense or act described in subsection (b) if the state board determines, following a hearing, that the person has been rehabilitated for a period of at least five years from the date of conviction of the offense or commission of the act or, in the case of a person who has entered into a criminal diversion agreement, that the person has satisfied the terms and conditions of the agreement. The state board of education may consider factors including, but not limited to, the following in determining whether to grant a license:
(1) The nature and seriousness of the offense or act;
(2) the conduct of the person subsequent to commission of the offense or act;
(3) the time elapsed since the commission of the offense or act;
(4) the age of the person at the time of the offense or act;
(5) whether the offense or act was an isolated or recurring incident; and
(6) discharge from probation, pardon or expungement.
(d) Before any license is denied by the state board of education for any of the offenses or acts specified in subsections (a) and (b), the person shall be given notice and an opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act.
(e) The county or district attorney shall file a report with the state board of education indicating the name, address and social security number of any person who has been determined to have committed any offense or act specified in subsection (a) or (b) or to have entered into a criminal diversion agreement after having been charged with any offense or act specified in subsection (b). Such report shall be filed within 30 days of the date of the determination that the person has committed any such act or entered into any such diversion agreement.
(f) The state board of education shall not be liable for civil damages to any person refused issuance or renewal of a license by reason of the state board's compliance, in good faith, with the provisions of this section.
History: L. 1998, ch. 171, § 1; L. 2001, ch. 177, § 11; L. 2005, ch. 69, § 14; L. 2008, ch. 125, § 3; L. 2009, ch. 32, § 57; L. 2010, ch. 74, § 14; L. 2011, ch. 30, § 251; L. 2012, ch. 166, § 15; L. 2015, ch. 94, § 23; July 1.
(a) The national board for professional teaching standards certification incentive program is hereby established for the purpose of rewarding teachers who have attained certification from the national board. Teachers who have attained certification from the national board shall be issued a master teacher's license by the state board of education. A master teacher's license shall be valid for 10 years and renewable thereafter every 10 years through compliance with continuing education and professional development requirements prescribed by the state board. Teachers who have attained certification from the national board and who are employed by a school district shall be paid an incentive bonus in the amount of $1,000 each school year that the teacher remains employed by a school district and retains a valid master teacher's license.
(b) The board of education of each school district employing one or more national board certified teachers shall pay the incentive bonus to each such teacher in each school year that the teacher retains eligibility for such payment. Each board of education which has made payments of incentive bonuses to national board certified teachers under this subsection may file an application with the state board of education for state aid and shall certify to the state board the amount of such payments. The application and certification shall be on a form prescribed and furnished by the state board, shall contain such information as the state board shall require and shall be filed at the time specified by the state board.
(c) In each school year, each school district employing one or more national board certified teachers is entitled to receive from appropriations for the national board for professional teaching standards certification incentive program an amount which is equal to the amount certified to the state board of education in accordance with the provisions of subsection (b). The state board shall certify to the director of accounts and reports the amount due each school district. The director of accounts and reports shall draw warrants on the state treasurer payable to the treasurer of each school district entitled to payment under this section upon vouchers approved by the state board.
(d) Moneys received by a board of education under this section shall be deposited in the general fund of the school district and shall be considered reimbursements to the district for the purpose of the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto, and may be expended whether the same have been budgeted or not.
(e) The state board of education is authorized to provide scholarships of $1,100 each to teachers who are accepted to participate in the national board for professional teaching standards program for initial certification. The state board of education is authorized to provide scholarships of $500 each to teachers who are accepted to participate in the national board for professional teaching standards program for renewal of certification. Any teacher who has been accepted to participate in such program may file an application with the state board of education for a scholarship. The application shall be on a form prescribed and furnished by the state board, shall contain such information as the state board shall require and shall be filed at the time specified by the state board.
(f) As used in this section, the term "school district" means any school district organized and operating under the laws of this state.
History: L. 2000, ch. 138, § 2; L. 2005, ch. 158, § 10; L. 2015, ch. 4, § 30; L. 2017, ch. 95, § 62; July 1.
(a) As used in this section:
(1) "Applicant" means a person who:
(A) Is seeking licensure as a teacher at the secondary level in the state of Kansas; and
(B) has provided documentation to the state board verifying that the applicant has secured a commitment from the board of education of a school district to be hired as a teacher in such school district subject to receiving such licensure as a teacher.
(2) "Career technical education" shall have the same meaning as such term is defined in K.S.A. 74-32,407, and amendments thereto.
(3) "Teacher preparation program" means professional education pedagogy coursework provided at an accredited college or university engaged in teacher preparation.
(4) "State board" means the state board of education.
(b) Notwithstanding any other provision of law, an applicant shall not be required to complete a teacher preparation program prior to licensure as a teacher if such applicant satisfies one of the following:
(1) The applicant holds a valid teaching license from another jurisdiction and has obtained the required scores on the praxis series tests as required by the state board for licensure;
(2) the applicant has obtained an industry-recognized certificate in a technical profession; has at least five years of work experience in such technical profession; and has secured a commitment from the board of education of a school district to be hired as a teacher to teach a career technical education course related to such technical profession; or
(3) the applicant has obtained at least a bachelor's degree in the subject matter area of science, technology, engineering, mathematics, finance or accounting; has at least five years of work experience in such subject matter area; and has secured a commitment from the board of education of a school district to be hired as a teacher to teach in such subject matter area.
(c) An applicant shall only be authorized to teach in the subject or subjects specified on the face of the license.
(d) The state board shall adopt rules and regulations necessary to carry out the provisions of this section.
(e) This section shall be part of and supplemental to the provisions of article 21 of chapter 72 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2014, ch. 93, § 30; May 1.
History: L. 1877, ch. 174, §§ 2, 3; R.S. 1923, 72-2201, 72-2202; Repealed, L. 1974, ch. 294, § 13; July 1.
History: L. 1877, ch. 174, § 5; R.S. 1923, 72-2203; Repealed, L. 1974, ch. 294, § 13; July 1.
History: L. 1877, ch. 172, §§ 1, 2; R.S. 1923, 72-2204, 72-2205; Repealed, L. 1974, ch. 294, § 13; July 1.
History: L. 1877, ch. 172, §§ 4 to 6; R.S. 1923, 72-2206 to 72-2208; Repealed, L. 1974, ch. 294, § 13; July 1.
History: L. 1879, ch. 160, § 1; L. 1903, ch. 74, § 1; L. 1905, ch. 473, § 1; L. 1907, ch. 377, § 1; R.S. 1923, 72-2209; L. 1925, ch. 230, § 1; L. 1929, ch. 234, § 1; L. 1931, ch. 256, § 1; L. 1941, ch. 323, § 1; Repealed, L. 1974, ch. 294, § 13; July 1.
History: L. 1879, ch. 160, § 2; L. 1889, ch. 225, § 1; L. 1905, ch. 382, § 1; R.S. 1923, 72-2210; Repealed, L. 1974, ch. 294, § 13; July 1.
History: L. 1879, ch. 160, §§ 3 to 5; R.S. 1923, 72-2211 to 72-2213; Repealed, L. 1974, ch. 294, § 13; July 1.
History: R.S. 1923, 72-2214; Repealed, L. 1951, ch. 395, § 74; July 1.
As used in this act: (a) "Teacher" shall mean and include teachers, supervisors, principals, superintendents and any other professional employees who are required to hold a teacher's or school administrator's certificate in any public school.
(b) "Governing body" and "board of education" shall mean the board of education of any public school district.
History: L. 1951, ch. 413, § 1; L. 1965, ch. 410, § 28; L. 1969, ch. 317, § 7; April 25.
All contracts shall be binding on both the teacher and board of education of the school district until the teacher has been legally discharged from such teacher's teaching position or until released by the board of education from such contract. Until such teacher has been discharged or released, such teacher shall not have authority to enter into a contract with the board of education of any school district for any period of time covered in the original contract. If upon written complaint, signed by ⅔ of the members of the board of education of the school district, any teacher who is reported to have entered into a contract with another school or board of education without having been released from such former contract, or for other reasons fails to fulfill the provisions of such contract, such teacher, upon being found guilty of such charge at a hearing held before the state board of education, shall have such teacher's license suspended for the remainder of the term for which such contract was made. The hearing before the state board shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Notwithstanding the foregoing provisions of this section, any contract of employment made by the board of education of any school district prior to the public hearing on the budget of such school district shall be voidable in case adequate funds are not available in such budget for the compensation provided for in such contracts.
History: L. 1951, ch. 413, § 3; L. 1969, ch. 317, § 8; L. 1988, ch. 356, § 277; L. 2005, ch. 69, § 20; July 1.
The board of education of any school district may enter into a supplemental contract of employment with any employee of the district. As used in this section "supplemental contract" means a contract for services other than those services covered in the principal or primary contract of employment of such employee, and shall include but not be limited to such services as coaching, supervising, directing and assisting extra curricular activities, chaperoning, ticket taking, lunch room supervision and other similar and related activities. The provisions of article 22 of chapter 72 of [the] Kansas Statutes Annotated which relate to the continuation of teacher contracts and to the due process procedure upon termination or nonrenewal of a teacher's contract do not apply to any supplemental contract of employment entered into under this section.
History: L. 1972, ch. 261, § 1; L. 1980, ch. 220, § 14; July 1.
As used in this act, and amendments thereto:
(a) The term "persons" includes one or more individuals, organizations, associations, corporations, boards, committees, commissions, agencies, or their representatives.
(b) "Board of education" means the state board of education pursuant to its authority under K.S.A. 76-1001a and 76-1101a, and amendments thereto, the board of education of any school district, the board of control of any area vocational-technical school and the board of trustees of any community college.
(c) "Professional employee" means any person employed by a board of education in a position which requires a certificate issued by the state board of education or employed by a board of education in a professional, educational or instructional capacity, but shall not mean any such person who is an administrative employee and, commencing in the 2006-2007 school year, shall not mean any person who is a retirant from school employment of the Kansas public employees retirement system, regardless of whether an agreement between a board of education and an exclusive representative of professional employees that covers terms and conditions of professional service provides to the contrary.
(d) "Administrative employee" means, in the case of a school district, any person who is employed by a board of education in an administrative capacity and who is fulfilling duties for which an administrator's certificate is required under K.S.A. 72-255, and amendments thereto; and, in the case of an area vocational-technical school or community college, any person who is employed by the board of control or the board of trustees in an administrative capacity and who is acting in that capacity and who has authority, in the interest of the board of control or the board of trustees, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline other employees, or responsibly to direct them or to adjust their grievances, or effectively to recommend a preponderance of such actions, if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(e) "Professional employees' organizations" means any one or more organizations, agencies, committees, councils or groups of any kind in which professional employees participate, and which exist for the purpose, in whole or part, of engaging in professional negotiation with boards of education with respect to the terms and conditions of professional service or for the purpose of professional development or liability protection.
(f) "Representative" means any professional employees' organization or any person it authorizes or designates to act in its behalf or any person a board of education authorizes or designates to act in its behalf.
(g) "Professional negotiation" means meeting, conferring, consulting and discussing in a good faith effort by both parties to reach agreement with respect to the terms and conditions of professional service.
(h) "Mediation" means the effort through interpretation and advice by an impartial third party to assist in reconciling a dispute concerning terms and conditions of professional service which arose in the course of professional negotiation between a board of education or its representatives and representatives of the recognized professional employees' organization.
(i) "Fact-finding" means the investigation by an individual or board of a dispute concerning terms and conditions of professional service which arose in the course of professional negotiation, and the submission of a report by such individual or board to the parties to such dispute which includes a determination of the issues involved, findings of fact regarding such issues, and the recommendation of the fact-finding individual or board for resolution of the dispute.
(j) "Strike" means an action taken for the purpose of coercing a change in the terms and conditions of professional service or the rights, privileges or obligations thereof, through any failure by concerted action with others to report for duty including, but not limited to, any work stoppage, slowdown, or refusal to work.
(k) "Lockout" means action taken by a board of education to provoke interruptions of or prevent the continuity of work normally and usually performed by the professional employees for the purpose of coercing professional employees into relinquishing rights guaranteed by this act and the act of which this section is amendatory.
(l) (1) "Terms and conditions of professional service" means: (A) Salaries and wages, including pay for duties under supplemental contracts; hours and amounts of work; vacation allowance, holiday, sick, extended, sabbatical and other leave, and number of holidays; retirement; insurance benefits; wearing apparel; pay for overtime; jury duty; grievance procedure, including binding arbitration of grievances; disciplinary procedure; resignations; termination and nonrenewal of contracts; reemployment of professional employees; terms and form of the individual professional employee contract; probationary period; professional employee appraisal procedures; each of the foregoing being a term and condition of professional service, regardless of its impact on the employee or on the operation of the educational system; (B) matters which relate to privileges to be granted the recognized professional employees' organization, including, but not limited to, voluntary payroll deductions; dissemination of information regarding the professional negotiation process and related matters to members of the bargaining unit on school or college premises through direct contact with members of the bargaining unit; reasonable leaves of absence for members of the bargaining unit for organizational purposes, such as engaging in professional negotiation and partaking of instructional programs properly related to the representation of the bargaining unit; any of the foregoing privileges which are granted the recognized professional employees' organization through the professional negotiation process shall not be granted to any other professional employees' organization; and (C) such other matters as the parties mutually agree upon as properly related to professional service including, but not limited to, employment incentive or retention bonuses authorized under K.S.A. 72-2244, and amendments thereto.
(2) Nothing in this act, and amendments thereto, shall authorize any professional employees' organization to be granted the exclusive privilege of access to the use of school or college facilities for meetings, the use of bulletin boards on or about the facility or the use of school or college mail systems.
(3) Nothing in this act, and amendments thereto, shall authorize the diminution of any right, duty or obligation of either the professional employee or the board of education which have been fixed by statute or by the constitution of this state. Except as otherwise expressly provided in this subsection (l), the fact that any matter may be the subject of a statute or the constitution of this state does not preclude negotiation thereon so long as the negotiation proposal would not prevent the fulfillment of the statutory or constitutional objective.
(4) Matters which relate to the duration of the school term, and specifically to consideration and determination by a board of education of the question of the development and adoption of a policy to provide for a school term consisting of school hours, are not included within the meaning of terms and conditions of professional service and are not subject to professional negotiation.
(m) "Secretary" means the secretary of labor or a designee thereof.
(n) "Statutory declaration of impasse date" means July 31 in the current school year.
(o) "Supplemental contracts" means contracts for employment duties other than those services covered in the principal or primary contract of employment of the professional employee and shall include, but not be limited to, such services as coaching, supervising, directing and assisting extracurricular activities, chaperoning, ticket-taking, lunchroom supervision, and other similar and related activities.
History: L. 1970, ch. 284, § 1; L. 1976, ch. 314, § 1; L. 1977, ch. 248, § 1; L. 1979, ch. 226, § 1; L. 1980, ch. 220, § 1; L. 1989, ch. 216, § 1; L. 1990, ch. 255, § 1; L. 2002, ch. 167, § 4; L. 2004, ch. 179, § 94; L. 2006, ch. 143, § 4; L. 2009, ch. 72, § 1; L. 2013, ch. 52, § 2; L. 2015, ch. 92, § 12; July 1.
Professional employees shall have the right to form, join or assist professional employees' organizations, to participate in professional negotiation with boards of education through representatives of their own choosing for the purpose of establishing, maintaining, protecting or improving terms and conditions of professional service. Professional employees shall also have the right to refrain from any or all of the foregoing activities. In professional negotiations under this act the board of education may be represented by an agent or committee designated by it.
History: L. 1970, ch. 284, § 2; July 1.
(a) When a representative is designated or selected for the purposes of professional negotiation by the majority of the professional employees in an appropriate negotiating unit, such representative shall be the exclusive representative of all the professional employees in the unit for such purpose.
(b) Nothing in this act or in acts amendatory thereof or supplemental thereto shall be construed to prevent professional employees, individually or collectively, from presenting or making known their positions or proposals or both to a board of education, a superintendent of schools or other chief executive officer employed by a board of education.
History: L. 1970, ch. 284, § 3; L. 1977, ch. 248, § 2; L. 1980, ch. 220, § 2; July 1.
(a) If professional employees of a board of education are not represented by a professional employees' organization for the purpose of professional negotiation, any professional employees' organization may file a request with the board of education alleging that a majority of the professional employees in an appropriate negotiating unit wish to be represented for such purpose by such organization and asking the board of education to recognize it as the exclusive representative under K.S.A. 72-2220. Such request shall describe the grouping of jobs or positions which constitute the unit claimed to be appropriate and shall include a demonstration of majority support through verified membership lists. Notice of such request shall immediately be posted by the board of education on a bulletin board at each school or other facility in which members of the unit claimed to be appropriate are employed.
(b) A request for recognition under subsection (a) shall be granted by the board of education unless:
(1) The board of education has a good faith doubt as to the accuracy or validity of the evidence demonstrating majority support; or
(2) another professional employees' organization files with the board of education within ten (10) calendar days after the posting of notice of the original request a competing request alleging majority support and asking the board of education to recognize it as the exclusive representative; or
(3) one or more of the professional employees included in the unit claimed to be appropriate files with the board of education within ten (10) calendar days after the posting of notice of the original request a competing request alleging majority support and asking the board of education to deny the request for recognition; or
(4) the board of education, within the previous twelve (12) months, has lawfully denied or withdrawn the recognition of a professional employees' organization as the exclusive representative of the professional employees included in the unit claimed to be appropriate; or
(5) the secretary, within the previous twelve (12) months, has conducted a secret ballot election under the provisions of this act, or the act of which this section is amendatory, and the election resulted in a majority vote for no representation.
History: L. 1970, ch. 284, § 4; L. 1980, ch. 220, § 3; July 1.
(a) A petition may be filed with the secretary, asking the secretary to investigate and decide the question of whether (1) professional employees in an appropriate negotiating unit have designated a professional employees' organization for recognition as an exclusive representative for purposes of K.S.A. 72-2220; (2) a professional employees' organization which is the recognized exclusive representative should be replaced by another professional employees' organization; (3) recognition of a professional employees' organization as the exclusive representative should be withdrawn.
(b) A petition under subsection (a) may be filed by:
(1) A board of education alleging that it has received a request for exclusive recognition from a professional employees' organization and has a good faith doubt as to the accuracy or validity of the claims made in the request; or
(2) a professional employees' organization; or
(3) one or more professional employees seeking withdrawal of recognition of a professional employees' organization as the exclusive representative.
History: L. 1970, ch. 284, § 5; L. 1977, ch. 248, § 3; L. 1980, ch. 220, § 4; July 1.
(a) Upon receipt of a petition under K.S.A. 72-2222 and except as provided in subsection (b), the secretary or a person or persons designated by the secretary may direct and conduct a secret ballot election in order to decide the questions raised by the petition.
(b) The secretary shall dismiss, without determining the questions raised therein, any petition filed under K.S.A. 72-2222, if:
(1) The petition is filed by a professional employees' organization and is not supported by credible evidence that at least thirty percent (30%) of the professional employees in the appropriate unit are members of the professional employees' organization filing the petition; or
(2) the petition is filed by one or more professional employees, asks the secretary to determine the question of whether recognition of a professional employees' organization should be withdrawn, and is not supported by credible evidence that at least thirty percent (30%) of the professional employees in the appropriate unit support the request; or
(3) the board of education, within the previous twelve (12) months, has lawfully recognized a professional employees' organization other than the petitioner as the exclusive representative of any professional employees included in the unit described in the petition; or
(4) the board of education, within the previous twelve (12) months, has lawfully denied or withdrawn the recognition of a professional employees' organization as the exclusive representative of the professional employees included in the unit described in the petition; or
(5) the secretary, within the previous twelve (12) months, has conducted and certified the result of a secret ballot election under the provisions of this act, or the act of which this section is amendatory.
History: L. 1970, ch. 284, § 6; L. 1977, ch. 248, § 4; L. 1980, ch. 220, § 5; July 1.
If the secretary does not dismiss a petition filed under K.S.A. 72-2222 and determines that it is necessary to direct and conduct a secret ballot election in order to resolve the questions raised by the petition, the secretary shall order the election held and shall determine the eligibility of professional employees to vote at the election. The secretary shall base his or her determination of the questions raised by the petition upon the result favored by the majority of the professional employees who vote at the election if at least a majority of the eligible professional employees vote. If less than a majority of the eligible professional employees vote at any election conducted under this section, the status of the professional employees with regard to representation prior to the election is maintained. The name of a professional employees' organization shall not appear on the ballot unless (a) the professional employees' organization has submitted to the secretary satisfactory evidence demonstrating that at least thirty percent (30%) of the professional employees in the appropriate unit are members in good standing of such organization, or (b) the professional employees' organization is the currently recognized exclusive representative. In addition to the name of any professional employees' organization entitled to be contained thereon, the ballot in the election shall contain the choice of "no representation." When an election in which the ballot contains three (3) or more choices results in no choice receiving a majority of the votes cast, the secretary shall conduct a run-off election by secret ballot. The ballot in a run-off election shall only provide for a selection between the two choices receiving the largest and second largest number of votes in the original election. The secretary shall certify the result of the election to the parties involved therein.
History: L. 1970, ch. 284, § 7; L. 1977, ch. 248, § 5; L. 1980, ch. 220, § 6; July 1.
In each case where the question is in issue, the secretary shall decide, on the basis of the community of interest between and among the professional employees of the board of education, the wishes of the professional employees and/or the established practices among the professional employees including, among other things, the extent to which such professional employees have joined a professional employees' organization, whether the unit appropriate for the purposes of professional negotiation shall consist of all persons employed by the board of education who are engaged in teaching or performing other duties of an educational nature, or some subdivision thereof, except that a unit including classroom teachers shall not be appropriate unless it includes all such teachers employed by the board of education.
History: L. 1970, ch. 284, § 8; L. 1977, ch. 248, § 6; July 1.
(a) A board of education and an exclusive representative selected or designated under the provisions of this act, or the act of which this section is amendatory, may enter into an agreement covering terms and conditions of professional service. The agreement becomes binding when ratified by a majority of the members of the board of education and a majority of the professional employees in the applicable negotiating unit who vote on the question of ratification of the agreement at an election conducted by the exclusive representative if at least a majority of the professional employees in the negotiating unit vote. If less than a majority of the professional employees vote on the question of ratification, the election is void.
(b) Every professional employee in the applicable negotiating unit who is to be absent from the place and at the time of the election may vote an absentee ballot on the question of ratification of the agreement. Upon written application by a professional employee for an absentee ballot, the exclusive representative shall transmit to the professional employee, in person or by mail to the address provided by the professional employee in the application, a ballot, an unmarked envelope, a larger envelope containing a space for the professional employee's signature and addressed to the exclusive representative, and instructions to the professional employee for casting the ballot. On receipt of an application under this subsection, the exclusive representative shall prepare and maintain a list of the names of professional employees who have applied for absentee ballots. The returned envelopes shall be checked against the list of names of applicants and the unmarked envelopes containing the ballots shall be extracted. The unmarked ballot envelopes shall be opened and the absentee ballots shall be counted in the same manner as ballots cast at the election.
History: L. 1970, ch. 284, § 9; L. 1980, ch. 220, § 7; July 1.
Except as otherwise expressly provided herein, this act shall not operate so as to annul, modify or preclude the renewal or continuation of any lawful agreement heretofore entered into between a board of education and a professional employees' organization covering terms and conditions of professional service.
History: L. 1970, ch. 284, § 10; July 1.
(a) Nothing in this act, or the act of which this section is amendatory, shall be construed to change or affect any right or duty conferred or imposed by law upon any board of education, except that boards of education are required to comply with this act, and the act of which this section is amendatory, in recognizing professional employees' organizations, and when such an organization is recognized, the board of education and the professional employees' organization shall enter into professional negotiations on request of either party at any time during the school year prior to issuance or renewal of the annual teachers' contracts. Notices to negotiate on new items or to amend an existing contract must be filed on or before March 31 in any school year by either party, such notices shall be in writing and delivered to the chief administrative officer of the board of education or to the representative of the bargaining unit and shall contain in reasonable and understandable detail the purpose of the new or amended items desired.
(b) (1) Upon entering negotiations pursuant to this section, the parties shall negotiate compensation of professional employees and hours and amounts of work. In addition, each party may select not more than three additional terms and conditions of professional service from the list described in K.S.A. 72-2218(l)(1), and amendments thereto, for negotiation. All other terms and conditions of professional service described in K.S.A. 72-2218(l)(1), and amendments thereto, shall be deemed permissive topics for negotiation and shall only be negotiated upon the mutual agreement of the parties.
(2) For purposes of this section, the term "compensation" means salary and wages, supplemental contract salaries and pay for overtime.
(3) The provisions of this subsection shall not apply to negotiations between a board of education and a professional employees' organization negotiating for the purpose of reaching their first agreement.
(c) Except as otherwise expressly provided in this subsection, every meeting, conference, consultation and discussion between a professional employees' organization or its representatives and a board of education or its representatives during the course of professional negotiation and every hearing conducted by the secretary under K.S.A. 72-2231, and amendments thereto, for determination of the question of the existence of impasse is subject to the provisions of the Kansas open meetings law, and any amendments or supplements thereto. Meetings, conferences, consultations and discussions held by the secretary under K.S.A. 72-2231, and amendments thereto, for investigation of the question of the existence of impasse, and meetings, conferences, consultations and discussions held during the course of and in connection with, and the meeting required at the conclusion of, impasse resolution proceedings, as provided for in K.S.A. 72-2232 and 72-2233, and amendments thereto, are specifically made exempt from the provisions of the Kansas open meetings law, and any amendments or supplements thereto.
(d) Nothing in this act, or the act of which this section is amendatory, shall be construed to authorize a strike by professional employees.
(e) Any agreement lawfully made under the provisions of this act, or the act of which this section is amendatory, may be adopted by reference and made a part of the employment contract between any professional employee of the applicable negotiating unit and a board of education for a period of not to exceed three years.
(f) Those individuals selected by the board of education and the professional employees' organization to conduct negotiations pursuant to this act shall complete training on conducting negotiations each year. The content and format of the training for these individuals shall be determined by the respective party each individual represents in negotiations.
History: L. 1970, ch. 284, § 11; L. 1977, ch. 248, § 12; L. 1980, ch. 220, § 8; L. 1986, ch. 269, § 1; L. 2015, ch. 92, § 13; July 1.
(a) A board of education and a professional employees' organization who enter into an agreement covering terms and conditions of professional service may include in such agreement procedures for final and binding arbitration of such disputes as may arise involving the interpretation, application or violation of such agreement.
(b) Where a party to such agreement is aggrieved by the failure, neglect or refusal of the other party to proceed to arbitration in the manner provided for in such agreement, such aggrieved party may file a complaint in court for a summary action without jury seeking an order directing that the arbitration proceed in the manner provided for in such agreement.
History: L. 1970, ch. 284, § 12; July 1.
If any provision of this act shall be held invalid, other provisions of this act shall not be affected thereby.
History: L. 1970, ch. 284, § 14; July 1.
(a) If in the course of professional negotiation either the board of education or the recognized professional employees' organization, or both, believe that an impasse exists therein, either party individually or both parties together may file a petition with the secretary, asking the secretary to investigate and determine the question of whether an impasse exists in professional negotiation and, if a finding that an impasse exists is made, to begin impasse resolution procedures as provided in K.S.A. 72-2232 and 72-2233, and amendments thereto. Within the five days immediately following the date of filing, excluding Saturdays, Sundays and legal holidays, the secretary shall begin investigation of the question raised by the petition and in order to determine the question may meet with the parties or their representatives or both, either jointly or separately, and may hold such conferences, consultations and discussions therewith as the secretary deems necessary. If the secretary decides on the basis of the investigation that a hearing is necessary to determine the question, the secretary shall conduct the hearing immediately in accordance with the provisions of the Kansas administrative procedure act.
(b) If the secretary finds that no impasse exists in professional negotiation between the parties, the secretary shall order the parties to continue professional negotiation.
(c) If the secretary finds that an impasse exists in professional negotiation between the parties, the secretary shall begin impasse resolution procedures in accordance with K.S.A. 72-2232 and 72-2233, and amendments thereto.
(d) Notwithstanding the foregoing provisions of this section, an impasse is deemed to exist if the board of education and the recognized professional employees' organization have not reached agreement with respect to the terms and conditions of professional service by the statutory declaration of impasse date and, on such date, the parties shall jointly file a notice of the existence of impasse with the secretary. Upon receipt of such joint notice, the secretary shall begin impasse resolution procedures in accordance with K.S.A. 72-2232 and 72-2233, and amendments thereto.
(e) Nothing in this act, or in the act of which this section is amendatory, shall be construed or applied in any manner so as to prevent the parties from voluntarily engaging in professional negotiation during the course, or at the conclusion, of impasse resolution proceedings.
History: L. 1977, ch. 248, § 7; L. 1979, ch. 226, § 2; L. 1980, ch. 220, § 9; L. 1988, ch. 356, § 278; July 1, 1989.
(a) Upon finding that an impasse exists in professional negotiation or upon receipt of a joint notice of the existence of impasse filed by the parties under subsection (d) of K.S.A. 72-2231, and amendments thereto, the secretary shall appoint a mediator to assist in resolving the impasse, from a list maintained by the secretary of qualified and impartial individuals who are representative of the public. To the extent practicable, the secretary shall utilize the services of the federal mediation and conciliation service for mediation under this section.
(b) The mediator shall meet with the parties or their representatives, or both, either jointly or separately, and shall take such other steps as appropriate in order to assist the parties to resolve the impasse and to proceed with professional negotiation.
(c) If either party determines, after the seven-day period immediately succeeding the appointment of the mediator, that mediation has failed to resolve the impasse, such party may within 10 days after the unsuccessful conclusion of mediation file a written request with the secretary to appoint a fact-finding board to assist in resolving the impasse and the secretary shall immediately notify the other party of the request. Within three days thereafter, each of the parties shall prepare and submit to the secretary a written memorandum containing a description of the issues upon which the impasse exists and shall include therein a specific description of the final position of the party on each issue.
(d) All verbal or written information transmitted between any party to a dispute and a mediator conducting the proceeding, or the staff of an approved program under K.S.A. 5-501 et seq., and amendments thereto, shall be confidential communications. No admission, representation or statement made in the proceeding shall be admissible as evidence or subject to discovery. A mediator shall not be subject to process requiring the disclosure of any matter discussed during the proceedings unless all the parties consent to a waiver. Any party, including the neutral person or staff of an approved program conducting the proceeding, participating in the proceeding has a privilege in any action to refuse to disclose, and to prevent a witness from disclosing, any communication made in the course of the proceeding. The privilege may be claimed by the party or anyone the party authorizes to claim the privilege.
(e) The confidentiality and privilege requirements of this section shall not apply to:
(1) Information that is reasonably necessary to establish a defense for the mediator or staff of an approved program conducting the proceeding in the case of an action against the mediator or staff of an approved program that is filed by a party to the mediation;
(2) any information that the mediator is required to report under K.S.A. 38-2223, and amendments thereto;
(3) any information that is reasonably necessary to stop the commission of an ongoing crime or fraud or to prevent the commission of a crime or fraud in the future for which there was an expressed intent to commit such crime or fraud; or
(4) any information that the mediator is required to report or communicate under the specific provisions of any statute or in order to comply with orders of the court.
History: L. 1977, ch. 248, § 8; L. 1979, ch. 226, § 3; L. 1980, ch. 220, § 10; L. 1996, ch. 129, § 5; L. 2006, ch. 200, § 115; January 1, 2007.
(a) Upon receipt of a written request filed by either party under K.S.A. 72-2232 and upon notification of the other party of the request, the secretary shall appoint forthwith a fact-finding board of not more than three (3) members and shall notify the parties of the appointment. Members of the fact-finding board shall be appointed from a list maintained by the secretary of qualified and impartial individuals who are representative of the public. The individual who was appointed as the mediator under K.S.A. 72-2232 to assist in resolving the impasse, shall not be appointed to the fact-finding board for such impasse.
(b) Upon appointment of the fact-finding board and prior to any meeting of the board with the parties, the secretary shall submit the memorandum required to be prepared and submitted by each party under K.S.A. 72-2232 to the other party and to the fact-finding board. The fact-finding board shall meet with the parties or their representatives, or both, either jointly or separately, and may make such inquiries and investigations and hold such hearings on the issues upon which the impasse exists, as the fact-finding board may deem appropriate.
(c) For the purpose of conducting inquiries, investigations and hearings, the fact-finding board shall have the power to administer oaths and affirmations, examine witnesses and documents, take testimony and receive evidence and compel attendance of witnesses and the production of documents by the issuance of subpoenas. In the event of refusal to obey a subpoena on the part of any person or persons, the fact-finding board shall have authority to bring an action to enforce the subpoena in a court of competent jurisdiction.
(d) On the basis of the inquiries, investigations and hearings, the fact-finding board shall determine the issues upon which the impasse exists, make findings of fact regarding the issues and shall make recommendations for resolution of the impasse. Within ten (10) days after its appointment, the fact-finding board shall submit privately and on the same date to the secretary and to each of the parties, the written report of the fact-finding board containing the findings of fact and the recommendation of the fact-finding board, except that such ten-day period may be extended by agreement of the parties not to exceed a maximum of seven (7) additional days. The recommendation of the fact-finding board shall not be binding on either the board of education or the recognized professional employees' organization.
(e) Within the ten (10) days immediately after receipt of the report of the fact-finding board, the parties shall meet at least once in an effort to reach agreement for resolution of the impasse. Either the board of education or the professional employees' organization may make public the report of the fact-finding board. The secretary shall make the report public ten (10) days after receipt of the report unless (1) the board of education and the recognized professional employees' organization agree to an extension of the ten-day period and give notice of such agreement to the secretary in which case, subject to provision (2), the report shall be made public by the secretary upon the expiration of such extended period of days, except that such ten-day period shall not be extended by the parties beyond a maximum of seven (7) additional days; or (2) the board of education and the recognized professional employees' organization notify the secretary at any time prior to the expiration of the applicable period of days that agreement for resolution of the impasse has been reached.
(f) When the report of the fact-finding board is made public, if the board of education and the recognized professional employees' organization do not resolve the impasse and reach an agreement, the board of education shall take such action as it deems in the public interest, including the interest of the professional employees involved, and shall make such action public.
History: L. 1977, ch. 248, § 9; L. 1980, ch. 220, § 11; July 1.
All of the costs incurred for mediation under K.S.A. 72-2232 and for fact-finding under K.S.A. 72-2233, shall be borne equally by the board of education and the professional employees' organization involved therein. The payment of such costs shall be at such time and in such manner as is determined by the secretary.
History: L. 1977, ch. 248, § 10; July 1.
(a) The commission of any prohibited practice, as defined in this section, among other actions, shall constitute evidence of bad faith in professional negotiation.
(b) It shall be a prohibited practice for a board of education or its designated representative willfully to:
(1) Interfere with, restrain or coerce professional employees in the exercise of rights granted in K.S.A. 72-2219;
(2) dominate, interfere or assist in the formation, existence, or administration of any professional employees' organization;
(3) discriminate in regard to hiring or any term or condition of employment to encourage or discourage membership in any professional employees' organization;
(4) discharge or discriminate against any professional employee because such professional employee has filed any affidavit, petition or complaint or given any information or testimony under this act, or because such professional employee has formed, joined or chosen to be represented by any professional employees' organization;
(5) refuse to negotiate in good faith with representatives of recognized professional employees' organizations as required in K.S.A. 72-2228, and amendments thereto;
(6) deny the rights accompanying recognition of a professional employees' organization which are granted in K.S.A. 72-2220;
(7) refuse to participate in good faith in the mediation as provided in K.S.A. 72-2232 or fact-finding efforts as provided in K.S.A. 72-2233 or arbitration pursuant to an agreement entered into pursuant to K.S.A. 72-2229; or
(8) institute or attempt to institute a lockout.
(c) It shall be a prohibited practice for professional employees or professional employees' organizations or their designated representatives willfully to:
(1) Interfere with, restrain or coerce professional employees in the exercise of rights granted in K.S.A. 72-2219;
(2) interfere with, restrain or coerce a board of education with respect to rights or duties which are reserved thereto under K.S.A. 72-2228, and amendments thereto, or with respect to selecting a representative for the purpose of professional negotiation or the adjustment of grievances;
(3) refuse to negotiate in good faith with the board of education or its designated representatives as required in K.S.A. 72-2228, and amendments thereto;
(4) refuse to participate in good faith in the mediation as provided in K.S.A. 72-2232 or fact-finding efforts as provided in K.S.A. 72-2233 or arbitration pursuant to an agreement entered into pursuant to K.S.A. 72-2229; or
(5) authorize, instigate, aid or engage in a strike or in picketing of any facility under the jurisdiction and control of the board of education.
History: L. 1977, ch. 248, § 11; L. 1980, ch. 220, § 12; July 1.
(a) Any controversy concerning prohibited practices may be submitted to the secretary. Proceedings against the party alleged to have committed a prohibited practice shall be commenced within six months of the date of the alleged practice by service upon it by the secretary of a written notice, together with a copy of the charges. The accused party shall have 20 days within which to serve a written answer to the charges, unless the secretary determines an emergency exists and requires the accused party to serve a written answer to the charges within 24 hours of receipt. Hearings on prohibited practices shall be conducted in accordance with the provisions of the Kansas administrative procedure act. If the board determines an emergency exists, the board shall follow the procedures contained in K.S.A. 77-536, and amendments thereto. A strike or lockout shall be construed to be an emergency.
(b) The secretary shall either dismiss the complaint or determine that a prohibited practice has been or is being committed, and shall enter a final order granting or denying in whole or in part the relief sought. Any action of the secretary pursuant to this subsection is subject to review and enforcement in accordance with the Kansas judicial review act. Venue of the action for review is the judicial district where the principal offices of the pertinent board of education are located.
The action for review shall be by trial de novo with or without a jury in accordance with the provisions of K.S.A. 60-238, and amendments thereto, and the court may, in its discretion, permit any party or the secretary to submit additional evidence on any issue. The action for review shall be heard and determined by the court as expeditiously as possible.
(c) If there is an alleged violation of either subsection (b)(8) or (c)(5) of K.S.A. 72-2235, and amendments thereto, the aggrieved party or the secretary is authorized to seek relief in district court.
History: L. 1980, ch. 220, § 13; L. 1986, ch. 318, § 130; L. 1988, ch. 356, § 279; L. 2010, ch. 17, § 178; July 1.
(a) The secretary of labor may adopt such rules and regulations as are necessary to implement and administer the provisions of K.S.A. 72-2218 through 72-2239, and amendments thereto, which place specific duties and responsibilities upon the secretary.
(b) Any rules and regulations adopted by the secretary of labor prior to the effective date of this act to implement and administer the provisions of K.S.A. 72-2218 through 72-2239, and amendments thereto, shall remain in full force and effect until amended, modified, suspended, revoked or nullified pursuant to law.
(c) The secretary of labor has the power to issue subpoenas requiring the attendance of any witnesses and the production of any records, books, papers and documents that the secretary considers necessary to implement and administer the provisions of K.S.A. 72-2218 through 72-2239, and amendments thereto, which place specific duties and responsibilities upon the secretary. In the event of refusal to obey a subpoena on the part of any person or persons, the secretary shall have the authority to bring an action to enforce the subpoena in a court of competent jurisdiction.
History: L. 1979, ch. 274, § 1; L. 1986, ch. 270, § 1; L. 2004, ch. 179, § 95; July 1.
No board of education, which engages in professional negotiation with representatives of a recognized professional employees' organization, is permitted to issue a unilateral contract until the negotiations process as described in the Kansas professional negotiation law is fully completed.
History: L. 1980, ch. 220, § 15; July 1.
(a) Except as otherwise expressly provided in this act, nothing in this act shall operate so as to annul or modify any existing agreement between a board of education and a professional employees' organization under the law in effect on the day immediately preceding the effective date of this act.
(b) From and after the effective date of this act, no administrative employee, as defined in K.S.A. 72-2218, shall be subject to the provisions of this act or the act of which this act is amendatory.
History: L. 1977, ch. 248, § 13; July 1.
(a) This section shall be known as the equal access act.
(b) A board of education shall not grant access to any professional employee or school employee's physical or electronic mailboxes to a professional employees' organization without giving equal access to any other professional employees' organization which requests such access.
(c) If a professional employees' organization is permitted to attend new professional employee, other professional employee or school employee orientation meetings in an effort to recruit new members, then any other professional employees' organization which requests permission to attend the meeting shall be granted such permission.
(d) A board of education shall not designate any day or break in the school calendar by naming or referring to the day or break in school calendar as the name of any professional employees' organization.
(e) As used in the equal access act, the term "school employee" includes administrative employees, persons who hold student teaching licenses, paraprofessional and any other person employed by a board of education.
(f) The equal access act shall be a part of and supplemental to the professional negotiations act, K.S.A. 72-2218 et seq., and amendments thereto.
History: L. 2013, ch. 52, § 1; July 1.
(a) The board of education of any school district or the board of trustees of any community college may provide by resolution for deductions for specified purposes from the compensation paid to its employees. Any such resolution shall provide for written authorization from each employee, in specific terms as to the amount, subject to the provisions of subsection (b), purpose and disposition of any amounts so deducted. Deductions for taxes and other amounts required by law to be deducted from employees' compensation shall not require written authorization of the employee.
(b) Written authorizations from employees for deductions from compensation for payments of professional association dues shall remain in effect until modified or revoked in writing by the professional association or the employee, or until the employee's contract of employment is terminated. So long as the written authorization from an employee for deductions for professional association dues remains in effect and upon written notice of an increase in the amount of such dues being given to the board of education or the board of trustees and to all affected employees, the amount specified to be deducted in such written authorization may be increased by an amount deemed necessary by a professional association for a school year. In no event shall the amount of deductions from compensation for payments of professional association dues be increased more than one time in each school year without specific written authorization from the employee for such increase.
History: L. 1969, ch. 328, § 1; L. 1978, ch. 305, § 1; L. 1984, ch. 272, § 1; July 1.
The board of education of any school district or the board of trustees of any community junior college is authorized to pay and disburse funds deducted as provided in K.S.A. 72-2241 so long as such disbursements are made in accordance with the resolution and employee authorizations providing for such deductions.
History: L. 1969, ch. 328, § 2; July 1.
(a) The board of education of any school district or the board of trustees of any community college shall contract with any of its employees, upon request, for reductions in compensation and the contribution thereof for tax sheltered accounts and annuities or deferred compensation plans as permitted under section 403(b) or section 457 of the United States internal revenue code, for the benefit of such employees. Any employee desiring to contract under the provisions of this section shall send written notice of such desire to such employee's employer within semiannual thirty-day periods in accordance with rules and regulations of such employer.
(b) The board of education of any school district and the board of trustees of any community college may contribute to a participant's 403(b) account or annuity or 457 plan contracted for under the provisions of subsection (a).
History: L. 1969, ch. 330, § 1; L. 1974, ch. 318, § 1; L. 2002, ch. 116, § 1; May 23.
(a) As used in this section:
(1) "Teacher" means teachers, supervisors, principals, superintendents and any other professional employees who are required to hold a teacher's or school administrator's certificate in any public school.
(2) "Board of education" means the board of education of any public school district.
(b) The board of education may pay employment incentive or retention bonuses to teachers.
History: L. 2002, ch. 167, § 5; July 1.
(a) All contracts of employment of teachers, except contracts entered into under the provisions of K.S.A. 72-2217, and amendments thereto, shall be deemed to continue for the next succeeding school year unless written notice of termination or nonrenewal is served as provided in this subsection. Written notice to terminate a contract may be served by a board upon any teacher prior to the time the contract has been completed, and written notice of intention to nonrenew a contract shall be served by a board upon any teacher on or before the third Friday in May. A teacher shall give written notice to a board that the teacher does not desire continuation of a contract on or before the 14th calendar day following the third Friday in May or, if applicable, not later than 15 days after the issuance of a unilateral contract as authorized by K.S.A. 72-2238, and amendments thereto, whichever is the later date.
(b) Terms of a contract may be changed at any time by mutual consent of both a teacher and a board.
(c) As used in this section:
(1) "Board of education" or "board" means the board of education of any school district, the governing body of any technical college or the institute of technology at Washburn university, and the board of trustees of any community college.
(2) "Professional employee" means any person employed by a board of education in a position which requires a certificate issued by the state board of education or employed by a board of education in a professional, educational or instructional capacity.
(3) (A) "Teacher" means any professional employee who is required to hold a certificate to teach in any school district, and any teacher or instructor in any technical college, the institute of technology at Washburn university or any community college, including any professional employee who is a retirant from school employment of the Kansas public employees retirement system.
(B) The term "teacher" does not include any supervisors, principals or superintendents or any persons employed under the authority of K.S.A. 72-1134, and amendments thereto, or any persons employed in any administrative capacity by any technical college, the institute of technology at Washburn university or any community college.
History: L. 1974, ch. 301, § 2; L. 1975, ch. 373, § 2; L. 1976, ch. 315, § 2; L. 1978, ch. 292, § 2; L. 1980, ch. 220, § 17; L. 1984, ch. 266, § 2; L. 1992, ch. 20, § 2; L. 1995, ch. 263, § 3; L. 2008, ch. 125, § 4; L. 2010, ch. 110, § 1; L. 2014, ch. 93, § 50; July 1.
As used in this act: (a) "Teacher" means any teacher or instructor in any technical college, the institute of technology at Washburn university or community college. The term "teacher" does not include within its meaning any persons employed in an administrative capacity by any technical college, the institute of technology at Washburn university or community college.
(b) "Board" means the governing body of any technical college or the institute of technology at Washburn university, and the board of trustees of any community college.
History: L. 1974, ch. 301, § 1; L. 1975, ch. 373, § 1; L. 1976, ch. 315, § 1; L. 1984, ch. 267, § 1; L. 2006, ch. 143, § 5; L. 2014, ch. 93, § 49; July 1.
(a) Whenever a teacher is given written notice of intention by a board to not renew or to terminate the contract of the teacher as provided in K.S.A. 72-2251, and amendments thereto, the written notice of the proposed nonrenewal or termination shall include: (1) A statement of the reasons for the proposed nonrenewal or termination; and (2) a statement that the teacher may have the matter heard by a hearing officer upon written request filed with the board of control or the secretary of the board of trustees within 15 calendar days from the date of such notice of nonrenewal or termination.
(b) Within 10 calendar days after the filing of any written request of a teacher to be heard as provided in subsection (a), the board shall notify the commissioner of education that a list of qualified hearing officers is required. Such notice shall contain the mailing address of the teacher. Within 10 days after receipt of notification from the board, the commissioner shall provide to the board and to the teacher, a list of five randomly selected, qualified hearing officers.
(c) Within five days after receiving the list from the commissioner, each party shall eliminate two names from the list, and the remaining individual on the list shall serve as hearing officer. In the process of elimination, each party shall eliminate no more than one name at a time, the parties alternating after each name has been eliminated. The first name to be eliminated shall be chosen by the teacher within five days after the teacher receives the list. The process of elimination shall be completed within five days thereafter.
(d) Either party may request that one new list be provided within five days after receiving the list. If such a request is made, the party making the request shall notify the commissioner and the other party, and the commissioner shall generate a new list and distribute it to the parties in the same manner as the original list.
(e) In lieu of using the process provided in subsections (b) and (c), if the parties agree, they may make a request to the American arbitration association for an arbitrator to serve as the hearing officer. Any party desiring to use this alternative procedure shall so notify the other party in the notice required under subsection (a). If the parties agree to use this procedure, the parties shall make a joint request to the American arbitration association for a hearing officer within 10 days after the teacher files a request for a hearing. If the parties choose to use this procedure, the parties shall each pay one-half of the cost of the arbitrator and of the arbitrator's expenses.
(f) The commissioner of education shall compile and maintain a list of hearing officers comprised of residents of this state who are attorneys at law. Such list shall include a statement of the qualifications of each hearing officer.
(g) Attorneys interested in serving as hearing officers under the provisions of this act shall submit an application to the commissioner of education. The commissioner shall determine if the applicant is eligible to serve as a hearing officer pursuant to the provisions of subsection (h).
(h) An attorney shall be eligible for appointment to the list if the attorney has: (1) Completed a minimum of 10 hours of continuing legal education credit in the area of education law, due process, administrative law or employment law within the past five years; or (2) previously served as the chairperson of a due process hearing committee prior to the effective date of this act. An attorney shall not be eligible for appointment to the list if the attorney has been employed to represent a board or a teacher in a due process hearing within the past five years.
History: L. 1974, ch. 301, § 3; L. 1975, ch. 373, § 3; L. 1976, ch. 315, § 3; L. 1986, ch. 271, § 1; L. 1991, ch. 224, § 1; L. 1992, ch. 185, § 2; L. 2003, ch. 52, § 1; L. 2014, ch. 93, § 51; July 1.
The hearing provided for under K.S.A. 72-2253, and amendments thereto, shall commence within 45 calendar days after the hearing officer is selected unless the hearing officer grants an extension of time. The hearing shall afford procedural due process, including the following:
(a) The right of each party to have counsel of such party's own choice present and to receive the advice of such counsel or other person whom such party may select;
(b) the right of each party or such party's counsel to cross-examine any person who provides information for the consideration of the hearing officer, except those persons whose testimony is presented by affidavit;
(c) the right of each party to present such party's own witnesses in person, or their testimony by affidavit or deposition, except that testimony of a witness by affidavit may be presented only if such witness lives more than 100 miles from the location of the technical college, institute of technology at Washburn university or community college, or is absent from the state, or is unable to appear because of age, illness, infirmity or imprisonment. When testimony is presented by affidavit the same shall be served upon the board of control, the secretary of the board of trustees or the agent of the board and upon the teacher in person or by first-class mail to the address of the teacher which is on file with the board not less than 10 calendar days prior to presentation to the hearing officer;
(d) the right of the teacher to testify in the teacher's own behalf and give reasons for the teacher's conduct, and the right of the board to present its testimony through such persons as the board may call to testify in its behalf and to give reasons for its actions, rulings or policies;
(e) the right of the parties to have an orderly hearing; and
(f) the right of the teacher to a fair and impartial decision based on substantial evidence.
History: L. 1974, ch. 301, § 4; L. 1975, ch. 373, § 4; L. 1976, ch. 315, § 4; L. 1991, ch. 224, § 2; L. 1992, ch. 185, § 3; L. 2014, ch. 93, § 52; July 1.
(a) For appearing before the hearing officer at a hearing, witnesses who are subpoenaed shall receive $5 per day and mileage at the rate prescribed under K.S.A. 75-3203, and amendments thereto, for miles actually traveled in going to and returning from attendance at the hearing. The fees and mileage for the attendance of witnesses shall be paid by the party calling the witness, except that fees and mileage of witnesses subpoenaed by the hearing officer shall be paid by the board. Witnesses voluntarily appearing before the hearing officer shall not receive fees or mileage for attendance at the hearing.
(b) The hearing officer shall be paid compensation for time spent in actual attendance at the hearing and for time spent in performance of the hearing officer's official duties. In addition to compensation, the hearing officer shall be paid subsistence allowances, mileage, and other expenses as provided in K.S.A. 75-3223, and amendments thereto. The costs for the services of the hearing officer shall be paid by the board.
(c) Testimony at a hearing shall be recorded by a certified shorthand reporter. The cost for the certified shorthand reporter's services shall be paid by the board. The testimony shall be transcribed if the decision of the hearing officer is appealed to the district court, or if either party requests transcription. The appellant or the party making the request shall pay for the cost of transcription. If both parties jointly request that the testimony be transcribed at the hearing level, the parties shall each pay one-half of the cost of transcription.
(d) Each party shall be responsible for the payment of its own attorney fees.
(e) All costs of a hearing which are not specifically allocated in this section shall be paid by the board.
History: L. 1974, ch. 301, § 5; L. 1975, ch. 373, § 5; L. 1976, ch. 315, § 5; L. 1986, ch. 271, § 2; L. 1992, ch. 185, § 1; L. 2003, ch. 52, § 2; July 1.
When either party desires to present testimony by affidavit or by deposition, that party shall furnish to the hearing officer the date on which the testimony shall be taken. A copy of the affidavit or the deposition shall be furnished to the opposing party within 10 days following the taking of any such testimony, and no such testimony shall be presented at a hearing until the opposite party has had at least 10 days prior to the date upon which the testimony is to be presented to the hearing officer to rebut such testimony by affidavit or deposition or to submit interrogatories to the affiant or deponent to be answered under oath. Such 10 day period, for good cause shown, may be extended by the hearing officer.
History: L. 1974, ch. 301, § 6; L. 1992, ch. 185, § 4; July 1.
The hearing officer may:
(a) Administer oaths;
(b) issue subpoenas for the attendance and testimony of witnesses and the production of books, papers and documents relating to any matter under investigation;
(c) authorize depositions to be taken;
(d) receive evidence and limit lines of questioning and testimony which are repetitive, cumulative or irrelevant;
(e) call and examine witnesses and introduce into the record documentary and other evidence;
(f) regulate the course of the hearing and dispose of procedural requests, motions and similar matters; and
(g) take any other action necessary to make the hearing accord with administrative due process.
Hearings under this section shall not be bound by rules of evidence whether statutory, common law or adopted by the rules of court, except that, the burden of proof shall initially rest upon the board in all instances other than when the allegation is that the teacher's contract has been terminated or nonrenewed by reason of the teacher having exercised a constitutional right. All relevant evidence shall be admissible, except that the hearing officer, in the hearing officer's discretion, may exclude any evidence if the hearing officer believes that the probative value of such evidence is substantially outweighed by the fact that its admission will necessitate undue consumption of time.
History: L. 1974, ch. 301, § 7; L. 1975, ch. 373, § 6; L. 1992, ch. 185, § 5; July 1.
(a) Unless otherwise agreed to by both the board and the teacher, the hearing officer shall render a written opinion not later than 30 days after the close of the hearing, setting forth the hearing officer's findings of fact and determination of the issues. The decision of the hearing officer shall be submitted to the teacher and to the board.
(b) The decision of the hearing officer shall be final, subject to appeal to the district court by either party as provided in K.S.A. 60-2101, and amendments thereto.
History: L. 1974, ch. 301, § 8; L. 1975, ch. 373, § 7; L. 1976, ch. 315, § 6; L. 1984, ch. 267, § 2; L. 1991, ch. 224, § 3; L. 1992, ch. 185, § 6; July 1.
Nothing in this act shall be construed to create any right, or to authorize the creation of any right, which is not subject to amendment or nullification by act of the legislature. Nothing in this act and no amendment or repeal of this act or any part thereof shall be construed to constitute an impairment of any existing contractual right.
History: L. 1974, ch. 301, § 9; July 1.
(a) The provisions of K.S.A. 72-2253 through 72-2258, and amendments thereto, apply only to: (1) Teachers who have completed not less than three consecutive years of employment, and been offered a fourth contract, in the technical college, institute of technology at Washburn university or community college by which any such teacher is currently employed; and (2) teachers who have completed not less than two consecutive years of employment, and been offered a third contract, in the technical college, institute of technology at Washburn university or community college by which any such teacher is currently employed if at any time prior to the current employment the teacher has completed the years of employment requirement of paragraph (1) of this subsection in any technical college, the institute of technology at Washburn university or community college in this state.
(b) Any board may waive, at any time, the years of employment requirements of subsection (a)(1) for any teacher employed by it.
(c) The provisions of this subsection [section] are subject to the provisions of K.S.A. 72-2262, and amendments thereto.
History: L. 1974, ch. 301, § 10; L. 1975, ch. 373, § 8; L. 1976, ch. 315, § 7; L. 1984, ch. 267, § 3; L. 1992, ch. 185, § 7; L. 1998, ch. 171, § 2; L. 2001, ch. 177, § 12; L. 2005, ch. 69, § 21; L. 2009, ch. 32, § 58; L. 2010, ch. 74, § 15; L. 2011, ch. 93, § 1; L. 2012, ch. 166, § 16; L. 2014, ch. 93, § 53; July 1.
If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of the act without such invalid or unconstitutional clause, paragraph, subsection or section.
History: L. 1992, ch. 185, § 9; July 1.
In the event any teacher alleges that the teacher's contract has been nonrenewed by reason of the teacher having exercised a constitutional right, the following procedure shall be implemented:
(a) The teacher alleging an abridgment by the board of a constitutionally protected right shall notify the board of the allegation within 15 days after receiving the notice of intent to not renew or terminate the teacher's contract. Such notice shall specify the nature of the activity protected, and the times, dates and places of such activity;
(b) the hearing officer provided for by K.S.A. 72-2253, and amendments thereto, shall thereupon be selected and shall decide if there is substantial evidence to support the teacher's claim that the teacher's exercise of a constitutionally protected right was the reason for the nonrenewal;
(c) if the hearing officer determines that there is no substantial evidence to substantiate the teacher's claim of a violation of a constitutionally protected right, the board's decision to not renew the contract shall stand;
(d) if the hearing officer determines that there is substantial evidence to support the teacher's claim, the board shall be required to submit to the hearing officer any reasons which may have been involved in the nonrenewal;
(e) if the board presents any substantial evidence to support its reasons, the board's decision not to renew the contract shall be upheld.
History: L. 1976, ch. 315, § 8; L. 1992, ch. 185, § 8; L. 2014, ch. 93, § 54; July 1.
As used in this act:
(a) "Board" means the board of education of any school district, the board of directors of any interlocal cooperative composed of school districts, or the board of control of any area vocational-technical school.
(b) "Administrator" means any employee of a board who is required to hold a school administrator's certificate, or who is designated in K.S.A. 72-1134, or whose position the board determines to be administrative or supervisory in nature with responsibilities and remuneration comparable to those of certified administrators. The term administrator shall not mean or include a superintendent of schools.
(c) "Not renew the contract" or "nonrenewal of the contract" means that an administrator remains on duty to complete the term of a current contract but is not offered a contract for the subsequent contract, calendar or fiscal year.
History: L. 1981, ch. 274, § 1; July 1.
(a) Written notice of a board's intention to not renew the contract of employment of an administrator shall be given to the administrator on or before the third Friday in May of the year in which the term of the administrator's contract expires. An administrator shall give written notice to a board on or before the 14th calendar day following the third Friday in May of the administrator's rejection of renewal of a contract of employment.
(b) Terms of a contract may be changed at any time by mutual consent of both an administrator and a board.
History: L. 1981, ch. 274, § 2; L. 1987, ch. 272, § 1; L. 1992, ch. 20, § 3; L. 1995, ch. 263, § 4; L. 2010, ch. 110, § 2; April 29.
(a) Whenever an administrator is given written notice of a board's intention to not renew the administrator's contract, the administrator may request a meeting with the board by filing a written request therefor with the clerk of the board within 10 days from the date of receipt of the written statement of nonrenewal of a contract.
(b) The board shall hold such meeting within 10 days after the filing of the administrator's request. The meeting provided for under this section shall be held in executive session and, at such meeting, the board shall specify the reason or reasons for the board's intention to not renew the administrator's contract. The administrator shall be afforded an opportunity to respond to the board. Neither party shall have the right to have counsel present. Within 10 days after the meeting, the board shall reconsider its reason or reasons for nonrenewal and shall make a final decision as to the matter.
History: L. 1981, ch. 274, § 3; July 1.
Nothing in this act shall be construed to create any right, or to authorize the creation of any right, which is not subject to amendment or nullification by act of the legislature. Nothing in this act and no amendment or repeal of this act or any part of this act shall be construed to constitute an impairment of any existing contractual right.
History: L. 1981, ch. 274, § 4; July 1.
The provisions of this act shall apply only to those administrators who have at any time completed two consecutive years of employment as an administrator in the school district, area vocational-technical school, or for the interlocal cooperative then currently employing such administrator, except where the administrator alleges the nonrenewal of the contract is the result of the administrator having exercised a constitutional right. Any board may waive the two year requirement for any administrator employed by it who, prior to such employment, was an administrator who had completed not less than two consecutive years of employment in any school district, area vocational-technical school, or for an interlocal cooperative in this state.
History: L. 1981, ch. 274, § 5; July 1.
(a) The board of education of any school district may establish an early retirement incentive program for the benefit of the employees of the district for retirement prior to the retirement age as provided pursuant to 42 U.S.C. § 416(l)(1) of the social security act as in effect on the effective date of this act. As used in this act, an "early retirement incentive program" is a program that provides cash payments, either in the form of a lump-sum payment at the beginning of the fiscal year, or in regular payments during the fiscal year. No payment pursuant to an early retirement incentive program as provided in this section shall be made prior to the retirement under the provisions of the Kansas public employees retirement system for any employee of the district.
(b) Commencing in the fiscal year that commenced in calendar year 2002 and every three years thereafter, each board that has established an early retirement incentive program shall prepare and submit a report to the state board of education related to such early retirement incentive program. Such report shall contain: (1) Three years of budget data of such program, including actual costs, and current year and future years' budget data for three to five years; (2) current costs and benefits of such program and projected costs and benefits of such program for three to five years; (3) current and projected number of participants in such program; and (4) such other information as required by the state board of education. The state board of education shall design and distribute forms to carry out the provisions of this act to the board of education of each school district that has established an early retirement incentive program. The state board of education shall compile and prepare a summary report which shall be submitted to the joint committee on pensions, investments and benefits no later than January 1 of the year that follows the end of the fiscal year in which the reporting is required as provided in this subsection.
History: L. 1980, ch. 213, § 1; L. 1994, ch. 293, § 6; L. 1996, ch. 266, § 4; L. 1999, ch. 171, § 2; L. 2002, ch. 63, § 2; L. 2006, ch. 143, § 3; July 1.
The board of education is hereby authorized to budget and expend such amounts for early retirement incentive programs as the board may deem to be necessary and desirable.
History: L. 1980, ch. 213, § 2; July 1.
Nothing in this act shall be construed to create any right, or to authorize the creation of any right, which is not subject to amendment or nullification by act of the legislature.
History: L. 1980, ch. 213, § 3; July 1.
History: L. 1879, ch. 149, § 4; R.S. 1923, 72-2301; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1876, ch. 122, art. 16, § 2; R.S. 1923, 72-2302; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1876, ch. 122, art. 16, § 3; R.S. 1923, 72-2303; L. 1949, ch. 371, § 1; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1949, ch. 371, § 2; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1876, ch. 122, art. 16, §§ 4 to 7; R.S. 1923, 72-2304 to 72-2307; Repealed, L. 1969, ch. 310, § 66; July 1.
It is the intent and purpose of the legislature that the practice of teaching and its related services, including school administration and supervisory services, shall be designated as professional services. Teaching and school administration are hereby declared to be professions in Kansas with all the similar rights, responsibilities, and privileges accorded other legally recognized professions.
History: L. 1969, ch. 339, § 1; L. 1979, ch. 232, § 1; July 1.
(a) There is hereby established the teaching and school administration professional standards advisory board, referred to in this act as the professional standards board. The professional standards board shall have 21 members who shall be appointed by the state board of education.
(b) Candidates for the professional standards board, with the exception of members appointed under paragraphs (12) and (13) of subsection (d), shall have the following qualifications:
(1) Either be (A) certificated and actively practicing in Kansas, or (B) a member of the faculty of an institution of postsecondary education; and
(2) have at least five years' professional educational experience; and
(3) have been in active practice the immediately preceding three years and at the time of appointment.
(c) The state board of education shall obtain nominees for the professional standards board from the sectors of the profession to be represented on the professional standards board according to rules and procedures established by the state board.
(d) The appointments made by the state board of education shall be representative of the various elements of the educational community, and shall include the following:
(1) Seven classroom teachers from the public schools of whom at least one shall be an elementary school teacher, at least one shall be a junior high or middle school teacher and at least one shall be a senior high school teacher.
(2) One chief school administrator from the public schools.
(3) Three building level school administrators from the public schools of whom one shall be an elementary school administrator, one shall be a junior high or middle school administrator and one shall be a senior high school administrator.
(4) One teacher from an area vocational school or an area vocational-technical school.
(5) One special education teacher from the public schools.
(6) One administrator from an area vocational school or an area vocational-technical school.
(7) One special education administrator from the public schools.
(8) One classroom teacher from an accredited nonpublic school.
(9) One school administrator from an accredited nonpublic school.
(10) One dean or head of the school of education of a university under the supervision and control of the state board of regents.
(11) One representative of the faculty or administration of a private four-year college or university.
(12) One representative of the membership of a parent-teacher association who has never served on or been employed by a board of education.
(13) One person who is a member of the board of education of a school district.
(e) The members appointed under paragraphs (12) and (13) may advise, consult with and make recommendations to the other members of the professional standards board, but shall not have the power to vote.
(f) The commissioner of education or a member of the staff of the state department of education recommended by the commissioner shall serve the professional standards board as secretary.
History: L. 1969, ch. 339, § 2; L. 1974, ch. 317, § 1; L. 1975, ch. 385, § 1; L. 1979, ch. 232, § 2; L. 1984, ch. 271, § 1; L. 1988, ch. 284, § 1; July 1.
(a) There is hereby established a professional practices commission to consist of nine members who shall be appointed by the state board of education.
(b) Candidates for the practices commission shall have the following qualifications:
(1) Be certificated and actively practicing in Kansas; and
(2) have at least five years' professional educational experience; and
(3) have been in active practice the immediately preceding three years and at the time of appointment.
(c) The state board of education shall obtain nominees for the professional practices commission from the sectors of the profession to be represented on the commission according to rules and procedures established by the state board.
(d) The appointments made by the state board of education shall include the following:
(1) Five classroom teachers from the public schools of whom at least one shall be an elementary school teacher, at least one shall be a junior high or middle school teacher and at least one shall be a senior high school teacher.
(2) One chief school administrator from the public schools.
(3) One senior high school principal from the public schools.
(4) One junior high or middle school principal from the public schools.
(5) One elementary school principal from the public schools.
(e) The commissioner of education or a member of the staff of the state department of education recommended by the commissioner shall serve the practices commission as secretary.
History: L. 1969, ch. 339, § 3; L. 1975, ch. 385, § 2; L. 1984, ch. 271, § 2; July 1.
After appointment of the initial members as soon as practicable after the effective date of this act, later appointments to full or unexpired terms of members to the professional standards board and the professional practices commission shall be made by the state board of education following the same procedure as that provided in K.S.A. 72-2309 and 72-2310, and amendments thereto.
History: L. 1969, ch. 339, § 4; L. 1979, ch. 232, § 5; L. 1984, ch. 271, § 3; July 1.
The professional standards board shall have the following responsibilities and duties:
(a) To develop through the professions of teaching and school administration and recommend for adoption, or amendment and adoption, by the state board of education the rules and regulations for professional standards governing teacher and school administrator pretraining selection, teacher and school administrator preparation, admission to and continuance in the professions of teaching and school administration, including the requirements of continuing education for teachers and school administrators. Nothing in this section shall be construed to preclude the state board of education from initiating and adopting rules and regulations on the matters specified in this section, irrespective of any action or lack thereof by the professional standards board. However, in such instance, the proposed rule and regulation governing a matter specified in this subsection shall be submitted to the professional standards board for its recommendation at least 30 days prior to a motion for adoption by the state board of education. Notwithstanding the foregoing provisions of this subsection, if the state board of education finds that an emergency exists, it may immediately adopt any rules and regulations without submission to the professional standards board and without a waiting period.
(b) To develop and recommend to the state board of education for adoption thereby a code of professional responsibility and competency for teachers and school administrators.
History: L. 1969, ch. 339, § 5; L. 1979, ch. 232, § 6; L. 1984, ch. 271, § 4; July 1.
The professional practices commission shall exercise disciplinary and advisory functions and shall hear cases arising under rules and regulations adopted by the state board of education involving the issuance, suspension, revocation, or reinstatement of teachers' and school administrators' certificates and render initial orders for disposition thereof, and the state board of education shall review such initial orders in accordance with the provisions of K.S.A. 77-527. The practices commission may conduct, upon request and at the direction of the state board of education, investigations of departures from the code of professional responsibility and competency which may be adopted by the state board of education upon recommendation made under subsection (b) of K.S.A. 72-2312, and amendments thereto, and report findings thereon to the state board.
History: L. 1969, ch. 339, § 6; L. 1979, ch. 232, § 7; L. 1984, ch. 271, § 5; L. 1988, ch. 356, § 283; L. 1989, ch. 283, § 17; July 1.
(a) The professional practices commission shall have responsibility, power and authority to investigate problems relating to the matters specified in K.S.A. 72-2313, and amendments thereto. Nothing in this section shall be construed to preclude the state board of education from initiating and adopting rules and regulations on matters relating to the professions of teaching and school administration, irrespective of any action or lack thereof by the professional practices commission.
(b) The practices commission shall have, upon request by and at the direction of the state board of education, the responsibility, power and authority to conduct hearings relating to any case arising under this act, or the act of which this act is amendatory, or rules and regulations adopted by the state board of education.
(c) For the purpose of any investigation which the professional practices commission conducts, the commission shall have power to conduct such investigation, administer oaths, take depositions, and by order of the state board of education, to issue subpoenas to compel the attendance of witnesses and the production of books, papers, documents and testimony. If any person refuses to obey any subpoena so issued, or refuses to testify or produce any books, papers, or documents, the state board of education, or any member thereof, may present a petition to the district court of the judicial district in which any investigation is being conducted, setting forth the facts, and thereupon the court shall, in a proper case, issue its subpoena to such person, requiring attendance before the court and there to testify or to produce such books, papers and documents as may be deemed necessary and pertinent by the practices commission or any member of it. Any person failing or refusing to obey the subpoena or order of the district court may be proceeded against for contempt in the same manner as for refusal to obey any other subpoena or order of the court. Hearings before the practices commission, and any review of orders of the practices commission by the state board, shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1969, ch. 339, § 7; L. 1979, ch. 232, § 8; L. 1984, ch. 271, § 6; L. 1988, ch. 356, § 284; L. 1989, ch. 283, § 18; July 1.
Members of the professional standards board and the professional practices commission shall be appointed for three-year terms, and no person shall be appointed to serve longer than two full terms in addition to any term of a period less than three years. The initial appointments shall be made for terms so that approximately ⅓ of the terms expire each year.
History: L. 1969, ch. 339, § 8; L. 1979, ch. 232, § 9; L. 1984, ch. 271, § 7; July 1.
The state board of education, either on its own initiative or on the recommendation of the professional standards board or the professional practices commission, may remove a member of such standards board or practices commission. Prior to removal of a member, the member shall be given reasonable notice and hearing in accordance with the provisions of the Kansas administrative procedure act. Removal of such member shall be accomplished only by a majority vote of the entire membership of the state board. Grounds for removal shall be misconduct or malfeasance in office, incompetence or neglect.
History: L. 1969, ch. 339, § 9; L. 1979, ch. 232, § 10; L. 1984, ch. 271, § 8; L. 1988, ch. 356, § 285; July 1, 1989.
The professional standards board and the professional practices commission shall each select a chairperson and such other officers as shall be respectively determined by such board and such commission. The professional standards board and the professional practices commission shall meet independently, but may meet jointly by common consent of the members of both the board and the commission. The board and the commission shall each provide for its own rules and procedure not in conflict with this act or rules and regulations adopted under this act.
History: L. 1969, ch. 339, § 10; L. 1979, ch. 232, § 11; L. 1984, ch. 271, § 9; July 1.
The standards adopted pursuant to this act shall apply to all practicing teachers and administrators in schools under the general supervision of the state board of education.
History: L. 1969, ch. 339, § 11; L. 1979, ch. 232, § 12; L. 1984, ch. 271, § 10; July 1.
Members of the professional standards board attending meetings of the board, or attending a subcommittee meeting thereof authorized by the board, shall receive amounts provided for in subsection (e) of K.S.A. 75-3223, and amendments thereto. Members of the professional practices commission attending meetings of the commission, or attending a subcommittee meeting thereof authorized by the commission, shall receive amounts provided for in subsection (e) of K.S.A. 75-3223, and amendments thereto.
History: L. 1969, ch. 339, § 12; L. 1974, ch. 348, § 42; L. 1979, ch. 232, § 13; L. 1984, ch. 271, § 11; July 1.
(a) On July 1, 1984:
(1) The professional teaching standards advisory board established by K.S.A. 72-2309, and amendments thereto, prior to its amendment by this act, shall be and is hereby abolished.
(2) The school administrator professional standards advisory board established by K.S.A. 72-8502a, prior to its repeal by this act, shall be and is hereby abolished.
(3) The professional teaching practices commission established by K.S.A. 72-2310, and amendments thereto, prior to its amendment by this act, shall be and is hereby abolished.
(4) Except as otherwise provided in this act, all of the powers, duties and functions of the professional teaching standards board and the school administrator professional standards board shall be and are hereby transferred to and conferred and imposed upon the teaching and school administration professional standards advisory board established by this act.
(5) All of the records, memoranda, writings and property of the professional teaching standards advisory board and the school administrator professional standards advisory board shall be and are hereby transferred to the teaching and school administration professional standards advisory board and such board shall have legal custody of the same.
(6) Except as otherwise provided in this act, all of the powers, duties and functions of the professional teaching practices commission shall be and are hereby transferred to and conferred and imposed upon the professional practices commission established by this act.
(7) All of the records, memoranda, writings and property of the professional teaching practices commission shall be and are hereby transferred to the professional practices commission and such commission shall have legal custody of the same.
(b) On and after July 1, 1984:
(1) The teaching and school administration professional standards advisory board established by this act shall be the successor in every way to the powers, duties and functions of the professional teaching standards advisory board and the school administrator professional standards advisory board in which the same were vested prior to the effective date of this act, except as otherwise provided in this act. Every act performed under the authority of the teaching and school administration professional standards advisory board established by this act shall be deemed to have the same force and effect as if performed by the professional teaching standards advisory board and the school administrator professional standards advisory board in which such functions were vested prior to the effective date of this act.
(2) Whenever the professional teaching standards advisory board or the school administrator professional standards advisory board is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the teaching and school administration professional standards advisory board established by this act.
(3) The teaching and school administration professional standards advisory board established by this act shall be a continuation of the professional teaching standards advisory board and the school administrator professional standards advisory board.
(4) The professional practices commission established by this act shall be the successor in every way to the powers, duties and functions of the professional teaching practices commission in which the same were vested prior to the effective date of this act, except as otherwise provided in this act. Every act performed under the authority of the professional practices commission established by this act shall be deemed to have the same force and effect as if performed by the professional teaching practices commission in which such functions were vested prior to the effective date of this act.
(5) Whenever the professional teaching practices commission is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the professional practices commission established by this act.
(6) The professional practices commission established by this act shall be a continuation of the professional teaching practices commission.
(c) Terms of members of the professional teaching standards advisory board, the school administrator professional standards advisory board and the professional teaching practices commission in office on the effective date of this act shall expire on such date. Any such members may be appointed by the state board of education to either the teaching and school administration professional standards advisory board or the professional practices commission. Appointments made under authority of this subsection are subject to the provisions of K.S.A. 72-2311 and 72-2315, and amendments thereto.
History: L. 1984, ch. 271, § 12; July 1.
History: L. 1876, ch. 122, art. 17, § 1; R.S. 1923, 72-2401; L. 1969, ch. 310, § 63; Repealed, L. 1973, ch. 106, § 30; L. 1973, ch. 292, § 56; June 1.
History: L. 1969, ch. 334, § 4; Repealed, L. 1973, ch. 106, § 30; L. 1973, ch. 292, § 56; June 1.
History: L. 1876, ch. 122, art. 17, § 2; R.S. 1923, 72-2402; L. 1969, ch. 310, § 64; Repealed, L. 1973, ch. 106, § 30; L. 1973, ch. 292, § 56; June 1.
History: L. 1876, ch. 122, art. 17, § 3; R.S. 1923, 72-2403; L. 1953, ch. 318, § 3; L. 1969, ch. 310, § 65; Repealed, L. 1973, ch. 106, § 30; L. 1973, ch. 292, § 56; June 1.
History: L. 1876, ch. 122, art. 17, § 4; R.S. 1923, 72-2404; Repealed, L. 1973, ch. 106, § 30; L. 1973, ch. 292, § 56; June 1.
History: L. 1876, ch. 122, art. 17, § 5; R.S. 1923, 72-2405; Repealed, L. 1973, ch. 106, § 30; L. 1973, ch. 292, § 56; June 1.
History: L. 1876, ch. 122, art. 17, § 6; R.S. 1923, 72-2406; Repealed, L. 1973, ch. 106, § 30; L. 1973, ch. 292, § 56; June 1.
It is hereby declared that the legislative intent of this act is to provide for a systematic method for improvement of school personnel in their jobs and to improve the educational system of this state.
History: L. 1973, ch. 281, § 1; July 1.
As used in this act:
(a) "Board" means the board of education of a school district, the governing authority of any nonpublic school offering any of grades kindergarten through 12 in accredited schools and the board of control of an area vocational-technical school.
(b) "State board" means, in the case of school districts and nonpublic schools, the state board of education; and in the case of area vocational-technical schools, the state board of regents.
(c) "Employees" means all licensed employees of school districts and of nonpublic schools and all instructional and administrative employees of area vocational-technical schools.
(d) "School year" means the period from July 1 to June 30.
(e) "Accredited" means accredited by the state board of education.
History: L. 1973, ch. 281, § 2; L. 1979, ch. 233, § 1; L. 1981, ch. 295, § 1; L. 1982, ch. 304, § 1; L. 1999, ch. 147, § 128; L. 2006, ch. 45, § 1; July 1.
Each board shall adopt a written policy of personnel evaluation procedure in accordance with K.S.A. 72-2408 et seq., and amendments thereto. Every policy so adopted shall:
(a) Be prescribed in writing at the time of original adoption and at all times thereafter when any amendments are adopted.
(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) 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. Any employee who is not employed for the entire semester shall not be required to be evaluated. During the third and fourth years of employment, every employee shall be evaluated at least one time each school year by not later than February 15. After the fourth year of employment, every employee shall be evaluated at least once in every three years not later than February 15 of the school year in which the employee is evaluated.
History: L. 1973, ch. 281, § 3; L. 1981, ch. 295, § 2; L. 1982, ch. 304, § 2; L. 1983, ch. 244, § 1; L. 2003, ch. 104, § 3; L. 2006, ch. 45, § 2; July 1.
Evaluation policies adopted under K.S.A. 72-2409, and amendments thereto, shall meet the following guidelines or criteria:
(a) Consideration shall be given to the following employee attributes: Efficiency, personal qualities, professional deportment, ability, results and performance, including improvement in the academic performance of pupils or students insofar as the evaluated employee has authority to cause such academic improvement, in the case of teachers, the capacity to maintain control of pupils or students, and such other matters as may be deemed material.
(b) Community attitudes toward, support for and expectations with regard to educational programs shall be reflected.
(c) The original policy and amendments thereto shall be developed by the board in cooperation with the persons responsible for making evaluations and the persons who are to be evaluated, and, to the extent practicable, consideration shall be given to comment and suggestions from other community interests.
(d) Evaluations of the chief administrator employed by a board shall be made by the board. The board shall place primary responsibility upon members of the administrative staff in making evaluations of other employees.
(e) Persons to be evaluated shall participate in their evaluations, and shall be afforded the opportunity for self-evaluation.
(f) The contract of any person subject to evaluation shall not be nonrenewed on the basis of incompetence unless an evaluation of such person has been made prior to notice of nonrenewal of the contract and unless the evaluation is in substantial compliance with the board's policy of personnel evaluation procedure as filed with the state board in accordance with the provisions of K.S.A. 72-2409, and amendments thereto.
History: L. 1973, ch. 281, § 4; L. 1979, ch. 233, § 2; L. 1981, ch. 295, § 3; L. 1982, ch. 304, § 3; L. 1994, ch. 205, § 1; July 1.
Whenever any evaluation is made of an employee, the written document thereof shall be presented to the employee, and the employee shall acknowledge such presentation by his or her signature thereon. At any time not later than two (2) weeks after such presentation, the employee may respond thereto in writing. Except by order of a court of competent jurisdiction, evaluation documents and responses thereto shall be available only to the evaluated employee, the board, the appropriate administrative staff members designated by the board, the school board attorney upon request of the board, the state board of education as provided in K.S.A. 72-258, the board and the administrative staff of any school to which such employee applies for employment, and other persons specified by the employee in writing to his or her board.
History: L. 1973, ch. 281, § 5; L. 1979, ch. 233, § 3; July 1.
Upon request of any board, the state board shall provide assistance in the preparation of policies of personnel evaluation or amendments thereto.
History: L. 1973, ch. 281, § 6; L. 1982, ch. 304, § 4; L. 1999, ch. 147, § 129; L. 2003, ch. 104, § 4; July 1.
History: L. 1923, ch. 187, § 1; R.S. 1923, 72-2501; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1923, ch. 187, § 2; R.S. 1923, 72-2502; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1923, ch. 187, § 3; R.S. 1923, 72-2503; L. 1925, ch. 231, § 1; L. 1929, ch. 235, § 1; L. 1931, ch. 257, § 1; L. 1933, ch. 258, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1939, ch. 272, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1935, ch. 258, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1949, ch. 373, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1923, ch. 187, § 4; R.S. 1923, 72-2504; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1923, ch. 187, § 5; R.S. 1923, 72-2505; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1933, ch. 259, § 1; Repealed, L. 1937, ch. 298, § 1; March 30.
History: L. 1933, ch. 259, § 2; Repealed, L. 1937, ch. 298, § 1; March 30.
History: L. 1933, ch. 259, §§ 3, 4; Repealed, L. 1937, ch. 298, § 1; March 30.
History: L. 1933, ch. 259, §§ 5, 6; Repealed, L. 1937, ch. 298, § 1; March 30.
History: L. 1933, ch. 259, §§ 7, 8; Repealed, L. 1937, ch. 298, § 1; March 30.
History: L. 1939, ch. 271, § 1; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1923, ch. 187, § 6; R.S. 1923, 72-2506; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1925, ch. 233, § 1; L. 1949, ch. 372, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1949, ch. 372, § 2; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1925, ch. 234, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1925, ch. 232, § 1; L. 1933, ch. 258, § 2; L. 1941, ch. 324, § 1; L. 1947, ch. 366, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1933, ch. 258, § 3; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1941, ch. 324, § 2; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1925, ch. 232, §§ 2 to 4; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1925, ch. 232, § 5; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1925, ch. 232, §§ 6; 7; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1929, ch. 240, § 1; L. 1935, ch. 259, § 1; L. 1937, ch. 299, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1929, ch. 240, § 2; L. 1933, ch. 260, § 1; L. 1937, ch. 300, § 1; Repealed, L. 1947, ch. 359, § 19; June 30.
History: L. 1935, ch. 260, § 1; Repealed, L. 1949, ch. 357, § 3; February 11.
History: L. 1937, ch. 295, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1937, ch. 294, § 1; Repealed, L. 1947, ch. 359, § 19; June 30.
History: L. 1933, ch. 104, §§ 1, 2 (Special Session); Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1937, ch. 316, § 1; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1947, ch. 389, §§ 1 to 5; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1951, ch. 395, §§ 46 to 49; Repealed, L. 1967, ch. 376, § 1; July 1.
History: L. 1951, ch. 395, § 50; L. 1959, ch. 289, § 1; Repealed, L. 1967, ch. 376, § 1; July 1.
History: L. 1951, ch. 395, §§ 51 to 55; Repealed, L. 1967, ch. 376, § 1; July 1.
History: L. 1955, ch. 336, §§ 1 to 6; Repealed, L. 1967, ch. 376, § 1; July 1.
History: L. 1961, ch. 374, §§ 1, 2; L. 1963, ch. 365, §§ 1, 2; Repealed, L. 1967, ch. 376, § 1; July 1.
This act shall be known and may be cited as the education professional development act. It is hereby declared that it is essential to the welfare of the people of Kansas that the provision of quality educational opportunities for all pupils in the state be assured. Therefore, it is the intention of this act to promote continuous professional development, diversification in academic foundations or subject knowledge, improvement in job effectiveness, enhancement of skills and techniques, and competent on-the-job performance of all certificated personnel serving regularly in the accredited elementary and secondary schools of the state of Kansas.
History: L. 1984, ch. 260, § 1; L. 1992, ch. 89, § 1; L. 2003, ch. 9, § 2; July 1.
As used in this act:
(a) "Professional development" means any planned learning opportunities provided to certificated personnel employed by a school district or other authorized educational agency for purposes of improving the performance of such personnel in already held or assigned positions;
(b) "certificated personnel" means all employees of a school district or an authorized educational agency required to be certificated by the state board of education;
(c) "school district" means any public school district organized under the laws of this state;
(d) "authorized educational agencies" means area professional development centers, state education agencies, institutions of postsecondary education which are authorized under the laws of this state to award academic degrees, and other organizations which serve school districts;
(e) "area professional development center" means any regional organization providing professional development to school districts;
(f) "state board" means the state board of education;
(g) "department" means the state department of education;
(h) "board" means the board of education of any school district; and
(i) "school year" means the twelve-month period ending June 30.
History: L. 1984, ch. 260, § 2; L. 1994, ch. 172, § 1; L. 2003, ch. 9, § 3; July 1.
(a) The state board shall adopt rules and regulations for the administration of this act and shall: (1) Prescribe and adopt policies and guidelines for the provision of professional development programs for all certificated personnel;
(2) establish standards and criteria for procedures, activities and services to be provided in professional development programs; and
(3) establish standards and criteria for reviewing, evaluating and approving school district professional development programs and applications of boards for state aid.
(b) The standards and criteria established under subsection (a)(3) for evaluating school district professional development programs shall include measures for assessing the impact of programs on improvement of the skills of certificated personnel in effectuation of effective instructional skills and improvement of the academic performance of pupils.
History: L. 1984, ch. 260, § 3; L. 1992, ch. 89, § 2; L. 1994, ch. 172, § 2; L. 2003, ch. 9, § 4; July 1.
(a) Each board shall establish and maintain a professional development program for certificated personnel of the school district. Professional development programs shall meet standards and criteria set by the state board.
(b) Each board, in complying with the requirements of subsection (a), may:
(1) Develop policies and plans for the provision of professional development programs based on identified needs at the individual, building and district levels;
(2) provide for professional development programs at any time during the school year;
(3) contract with area professional development centers and authorized educational agencies in providing for professional development programs; and
(4) enter into cooperative or interlocal agreements with one or more other school districts in providing for professional development programs.
History: L. 1984, ch. 260, § 4; L. 1992, ch. 89, § 3; L. 1994, ch. 172, § 3; L. 2003, ch. 9, § 5; July 1.
(a) In each school year, each board which has established and is maintaining a professional development program in compliance with the requirements of this act and which desires to secure state aid for part of the cost of maintaining the program shall certify and file an application with the state board for approval of the program.
(b) Each board which is maintaining an approved professional development program and which desires to secure state aid in any school year for part of the cost of exploring and implementing innovative and experimental procedures, activities and services to be provided in the program for enhancement thereof shall certify and file an application with the state board for approval of such procedures, activities and services.
(c) Applications shall be in a form prescribed and furnished by the department, shall contain such information as the state board may require and shall be filed annually at a time to be determined and specified by the state board. Approval by the state board of the program, any innovative and experimental procedures, activities or services provided therein, and the application shall be prerequisite to payment of state aid to any board.
History: L. 1984, ch. 260, § 5; L. 1992, ch. 89, § 4; L. 2003, ch. 9, § 6; July 1.
In order to be approved for payment of state aid, any application under K.S.A. 72-2548, and amendments thereto, shall contain the following information:
(a) The number of certificated personnel of the school district who are participating in the program;
(b) a description of the scope, objectives, procedures and activities of and the services provided by the professional development program for the school year;
(c) the manner in which the professional development program is aligned with the mission, academic focus, and quality performance accreditation school improvement plan;
(d) a description of the performance measures utilized in meeting the evaluation standards and criteria established under subsection (b) of K.S.A. 72-2546, and amendments thereto;
(e) the amount budgeted by the board for its professional development program;
(f) the amount of the actual expenses incurred by the school district in maintaining an approved professional development program;
(g) the amount of the actual expenses, if any, incurred by the school district for the provision of innovative and experimental procedures, activities and services in its professional development program; and
(h) such additional information as determined by the state board.
History: L. 1984, ch. 260, § 6; L. 1994, ch. 172, § 4; L. 2003, ch. 9, § 7; July 1.
The state board shall be responsible for the allocation and distribution of state aid for professional development in accordance with appropriation acts and the statutes of this state. Such moneys shall be expended only in accordance with and for the purposes specified in this act. Payments under this act may be made in installments and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments.
History: L. 1984, ch. 260, § 7; L. 2003, ch. 9, § 8; July 1.
(a) In each school year, each school district which is maintaining an approved professional development program shall be eligible to receive from state funds, within the limits of appropriations for professional development, an amount to be determined by the state board on the basis of priorities established through a needs-assessment survey conducted by the state board. In no event shall the amount allocated and distributed to any school district under this act exceed: (1) An amount which is equal to .50 of 1% of the amount of the general fund budget of the school district, or an amount equal to 50% of the actual expenses incurred by the school district in maintaining an approved professional development program, whichever is the lesser amount; or (2) an amount which is equal to 50% of the actual expenses incurred by the school district for the provision of innovative and experimental procedures, activities and services, if any of the same are provided and approved by the state board, in a professional development program maintained by the school district and approved by the state board.
(b) If the amount of appropriations for professional development programs is insufficient to pay in full the amount each school district is determined to be eligible to receive for the school year, the state board shall prorate the amount appropriated among all school districts which are eligible to receive state aid under the provisions of this act in proportion to the amount each school district is determined to be eligible to receive.
(c) The state board shall prescribe all forms necessary for reporting under this act.
(d) Every board shall make such periodic and special reports of statistical and financial information to the state board as it may request.
History: L. 1984, ch. 260, § 8; L. 1993, ch. 264, § 7; L. 1994, ch. 172, § 5; L. 2003, ch. 9, § 9; July 1.
There is hereby established in every school district a fund which shall be called the professional development fund, which fund shall consist of all moneys deposited therein or transferred thereto according to law. All moneys received by the school district from whatever source for professional development programs established under this act shall be credited to the fund established by this section. The expenses of a school district directly attributable to professional development programs shall be paid from the professional development fund.
History:
L. 1984, ch. 260, § 9; L. 1986, ch. 275, § 13; L. 2003, ch. 9, § 10; L. 2011, ch. 107, § 15; L. 2012, ch. 155, § 17; L. 2013, ch. 121, § 17; L. 2015, ch. 4, § 66; L. 2017, ch. 95, § 94; July 1.
The state board may provide any board, upon its request therefor, with technical advice and assistance in the establishment and operation of a professional development program, and may make studies and gather and disseminate information relating to materials, resources, procedures, programs and personnel which are or may become available to school districts for utilization in professional development programs.
History: L. 1984, ch. 260, § 10; L. 2003, ch. 9, § 11; July 1.
As used in K.S.A. 72-2561 through 72-2564, and amendments thereto:
(a) "Mentor teacher program" means a program established and maintained by the board of education of a school district for the purpose of providing probationary teachers with professional support and the continuous assistance of an on-site mentor teacher.
(b) "Mentor teacher" means a certificated teacher who has completed at least three consecutive school years of employment in the school district, has been selected by the board of education of the school district on the basis of having demonstrated exemplary teaching ability as indicated by criteria established by the state board of education, and has participated in and successfully completed a training program for mentor teachers provided for by the board of education of the school district in accordance with guidelines prescribed by the state board of education. The primary function of a mentor teacher shall be to provide probationary teachers with professional support and assistance. A mentor teacher may provide assistance and guidance to not more than two probationary teachers.
(c) "Probationary teacher" means a certificated teacher who has completed less than three consecutive school years of employment in the school district.
History: L. 2000, ch. 138, § 3; L. 2014, ch. 93, § 48; July 1.
(a) The board of education of each school district may establish and maintain a mentor teacher program and, commencing with the 2001-02 school year, may apply for a grant of state moneys for the purpose of providing stipends for mentor teachers.
(b) To be eligible to receive a grant of state moneys for maintenance of a mentor teacher program, a board of education shall submit to the state board of education an application for a grant and a description of the program. The application and description 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 the program and the application is prerequisite to the award of a grant.
(c) Each board of education which is awarded a grant for maintenance of a mentor teacher program shall make such periodic and special reports of statistical and financial information to the state board of education as it may request.
History: L. 2000, ch. 138, § 4; July 1.
(a) On or before January 1, 2001, the state board of education shall adopt rules and regulations for the administration of mentor teacher programs and shall:
(1) Establish standards and criteria for evaluating and approving mentor teacher programs and applications of school districts for grants;
(2) evaluate and approve mentor teacher programs;
(3) establish criteria for determination of exemplary teaching ability of certificated teachers for qualification as mentor teachers;
(4) prescribe guidelines for the selection by boards of education of mentor teachers and for the provision by boards of education of training programs for mentor teachers;
(5) be responsible for awarding grants to school districts; and
(6) request of and receive from each school district which is awarded a grant for maintenance of a mentor teacher program reports containing information with regard to the effectiveness of the program.
(b) Subject to the availability of appropriations for mentor teacher programs maintained by school districts, and within the limits of any such appropriations, the state board of education shall determine the amount of grants to be awarded school districts by multiplying an amount not to exceed $1,000 by the number of mentor teachers participating in the program maintained by a school district. The product is the amount of the grant to be awarded to the district. Upon receipt of a grant of state moneys for maintenance of a mentor teacher program, the amount of the grant shall be deposited in the general fund of the school district. Moneys deposited in the general fund of a school district under this subsection shall be considered reimbursements for the purpose of the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto. The full amount of the grant shall be allocated among the mentor teachers employed by the school district so as to provide a mentor teacher with an annual stipend in an amount not to exceed $1,000. Such annual stipend shall be over and above the regular salary to which the mentor teacher is entitled for the school year.
History: L. 2000, ch. 138, § 5; L. 2015, ch. 4, § 31; L. 2017, ch. 95, § 63; July 1.
The state board of education shall provide any board, upon request, with technical advice and assistance regarding the establishment and maintenance of a mentor teacher program or an application for a grant of state moneys.
History: L. 2000, ch. 138, § 6; July 1.
The board of education of any unified school district may enter into contracts for the benefit of its employees and their dependents to provide for employee assistance programs which are designed to assist in the identification and resolution of personal problems which may affect the work performance of such employees. If a board of education enters into a contract for the provision of an employee assistance program, the board may pay the fees therefor from the general fund of the unified school district.
History: L. 1981, ch. 275, § 1; April 30.
History: L. 1886, ch. 147, § 1; L. 1915, ch. 316, § 1; R.S. 1923, 72-2601; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1886, ch. 147, § 2; R.S. 1923, 72-2602; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1886, ch. 147, § 3; L. 1903, ch. 432, § 1; R.S. 1923, 72-2603; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1886, ch. 147, § 4; L. 1903, ch. 432, § 2; R.S. 1923, 72-2604; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1886, ch. 147, § 5; R.S. 1923, 72-2605; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1886, ch. 147, § 6; L. 1909, ch. 211, § 1; R.S. 1923, 72-2606; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1886, ch. 147, § 7; L. 1909, ch. 211, § 2; R.S. 1923, 72-2607; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1886, ch. 147, § 8; R.S. 1923, 72-2608; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1886, ch. 147, § 9; R.S. 1923, 72-2609; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1886, ch. 147, § 10; R.S. 1923, 72-2610; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1886, ch. 147, § 11; L. 1905, ch. 389, § 1; R.S. 1923, 72-2611; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1886, ch. 147, § 12; R.S. 1923, 72-2612; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1896, ch. 147, § 13; R.S. 1923, 72-2613; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1886, ch. 147, § 14; L. 1907, ch. 335, § 1; R.S. 1923, 72-2614; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1886, ch. 147, §§ 16, 17; R.S. 1923, 72-2615, 72-2616; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1886, ch. 147, § 18; L. 1903, ch. 432, § 3; L. 1907, ch. 334, § 1; R.S. 1923, 72-2617; Repealed, L. 1949, ch. 373, § 2; June 30.
History: L. 1917, ch. 282, §§ 1, 2; L. 1919, ch. 268, §§ 1, 2; R.S. 1923, 72-2618, 72-2619; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1917, ch. 282, § 3; R.S. 1923, 72-2620; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-2621, 72-2622; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1917, ch. 282, § 6; R.S. 1923, 72-2623; Repealed, L. 1951, ch. 395, § 74; July 1.
As used in this act, unless the context otherwise requires:
(a) "Retirement system" means the state school retirement system;
(b) "board" means the board of trustees of the Kansas public employees retirement system;
(c) "school year" means either the twelve-month period beginning on September first, or the legal school term during such period. In case of doubt the board shall decide what constitutes a school year. The board shall not give credit for a school year that represents less than 140 days, except that the board may give credit for a school year if not less than 80 days of actual service has been rendered and if continuance in school service was prevented by illness or other emergency beyond the control of the person entitled to such credit. No person shall receive credit for more than one school year during any twelve-month period beginning on September 1. The board shall give credit for ½ of a school year for ½ school year of continuous full-time service;
(d) "school employees" means persons who have performed or who shall hereafter perform school services as classroom teachers, administrators, supervisors, librarians, nurses, clerks, janitors or in any other full-time capacity in the public schools, area vocational-technical schools or community junior colleges of the state of Kansas and who are citizens of the United States and school employees shall include: (1) Persons who have performed service as a county superintendent of public instruction or as an employee appointed by and under the supervision of a county superintendent; (2) persons who have performed service as a state superintendent of public instruction or as an employee appointed by and under supervision of a state superintendent; (3) persons who have performed services as an employee appointed by the former state board for vocational education, except that prior to the time of accepting such employment by such county superintendent, state superintendent or state board for vocational education such employees had performed school service in Kansas as a teacher, principal, supervisor, or superintendent; (4) persons who are employees appointed by and under the supervision of the constitutional state board of education, including those employees transferred to the state department of education at its inception in January of 1969, and who prior to the time of accepting such employment by the state board of education had performed school service in Kansas as a teacher, principal, supervisor, or superintendent; (5) the commissioner of education if such commissioner exercises an irrevocable option to be covered by the state school retirement system in lieu of being covered by the Kansas public employees retirement system, which option shall be exercised by written notice of the commissioner of education at the time of appointment. Such notice shall be directed to the state school retirement board and the board of trustees of the Kansas public employees retirement system; (6) all instructional employees for the school for the blind and such employees shall be excluded from participation in any other state retirement system; and (7) teachers and supervisors of instruction at the state institutions under the management of the director of penal institutions and those under the management of the state board of social welfare which provide regular classroom instruction for their inmates or patients if such instructional personnel have valid certificates issued by the state board of education, except that the provisions of this subsection shall not include such employees who have elected or shall elect, irrevocably, at the time of employment by the institution to participate in the Kansas public employees retirement system. The term "school employees" shall not include any employee while a member of a separate retirement system operated by any board of education but if any such employee at any time becomes eligible to participate in the state retirement as provided by this act, the years such person served in a school system in Kansas which maintains a separate retirement system shall be included in determining years of service of such person under this act. An employee performing service in a school system maintaining its own separate retirement system in Kansas may qualify for service credit in the state system by discontinuing membership in such separate retirement system prior to the time of retirement and accepting a position which is covered by the state retirement system, and continuing in such service for at least one school year. Subject to the provisions of K.S.A. 74-49,123, and amendments thereto, such employee shall contribute to the state retirement system an amount of money equal to that which was deducted from such employee's salary for services rendered after September 1, 1941, in the city maintaining its own retirement system and this amount shall be credited to the savings account of the employee. If such employee was for any reason excluded from participation in the separate retirement system, the board shall give credit for such nonmember service in the public schools in the city maintaining a separate retirement system without the required transfer of funds. After September 1, 1971, no person shall be deemed a school employee for the purposes of this act;
(e) "school service" means: (1) Service performed as a school employee prior to September 1, 1941, if such years of service include at least six months during the years 1938-39 or 1939-40 or 1940-41; service performed by any employee who was not in school service in any of the school years from 1938 to 1941, but who reentered school service after September 1, 1941, and continued in such service for at least five years; all service prior to September 1, 1941, of any annuitant who retired prior to September 1, 1961, and who was granted a service annuity for one or more years as a contributing member of the school retirement system; all service prior to September 1, 1941, of any employee who served for at least six months during one of the qualifying years from 1938 to 1941 in a school system maintaining its own separate retirement system in Kansas, if such employee has not qualified, nor will in the future qualify, for retirement benefits under the separate retirement system; all service as a school employee, including out-of-state service as a school employee, for a period of 10 or more years prior to September 1, 1938, except that service annuities paid by the state of Kansas to such school employees shall not include such out-of-state service as a school employee, unless otherwise provided by law; (2) service as a school employee after September 1, 1941, as a contributing member of the school retirement system. No service credit shall be granted to a school employee who established or shall hereafter establish membership later than September 1, 1941, for a period of time between September 1, 1941, and the date of becoming a contributing member of the retirement system. School service shall include only full-time employees, except that ½ year of credit shall be given to instructional employees who perform school service on at least a ½ time basis throughout a school year. No school service credit shall be given in fractional units of less than ½ year. The board may grant service credit to employees, who were performing school service at the time of their induction into the armed forces of the United States, equal to the time spent in the armed forces between September 1, 1940, and September 1, 1947, and between June 25, 1950, and July 27, 1953 and between August 5, 1964, and August 15, 1973, but no such service credit shall be granted for a period of more than five years spent in the armed forces between September 1, 1940, and September 1, 1947, or for a period of more than two years spent in the armed forces between June 25, 1950, and July 27, 1953 or for a period of more than two years spent in the armed forces between August 5, 1964 and August 15, 1973. In the event the employee served during the periods between September 1, 1940, and September 1, 1947, and between June 25, 1950, and July 27, 1953, such employee shall be granted a service credit for the actual time spent in the armed forces between June 25, 1950, and July 27, 1953, nor shall such service credit be granted to any employee unless such employee shall reenter school service and continue in such service for at least one school year. The board may grant service credit to an employee who was performing school service prior to the time of becoming employed as a veterans' instructional on-the-farm training instructor equal to the time spent as such instructor between the dates of September 1, 1946, and September 1, 1961. The board may grant service credit to an employee who prior to performing school service was a faculty member of the Kansas vocational school at Topeka, known part of the time as the Kansas technical institute, which operated under the Kansas state board of regents prior to 1956 equal to the time spent as instructor at such school. In case of doubt the board shall decide what constitutes school service; and (3) service for which credit must be given under federal law, including, but not limited to, when applicable, the uniformed services employment and reemployment rights act of 1994, as in effect on July 1, 2008;
(f) "school annuitant" means any person who is entitled to receive a school annuity;
(g) "school annuity" means the monthly payments due to any school annuitant. Such payments shall continue for life, and be paid in monthly installments;
(h) "service annuity" means that part of the school annuity which is based upon the service record of the person concerned, and which is paid by the state;
(i) "savings annuity" means that part of the school annuity which results from the accumulated contributions of the school employee and interest thereon less the proportionate share of the expense of the administration of this act;
(j) "disability annuity" means a school annuity granted to a school employee who suffers such physical or mental disability as to be unable to perform school service;
(k) "standard annuity" means the school annuity which is granted to a school employee at the age of 65 years, as prescribed by this act. The standard annuity shall be used as the basis in computing actuarially equivalent annuities granted at ages prior to 65 years. Whenever the amount of any benefit is to be determined on the basis of actuarial assumptions, the assumption shall be specified in a way that precludes employer discretion;
(l) "service record" means the individual record kept by the board for each school employee. It shall show the number of school years of school service, the salary or wages earned, the date of birth, and such other data as the board may require;
(m) "age" and "attained age" shall be computed as of September 1 of the calendar year under consideration;
(n) "deductions" means the amounts withheld, as provided in this act, from warrants issued in payment for school services;
(o) "actuarial computation" means computation in accordance with some standard actuarial table. The board shall determine which one of the standard actuarial tables shall be used. Whenever the amount of any benefit is to be determined on the basis of actuarial assumptions, the assumptions shall be specified in a way that precludes employer discretion; and
(p) "compensation" means the same as provided in K.S.A. 74-49,123, and amendments thereto, for purposes of nondiscrimination testing pursuant to the federal internal revenue code of 1986, as in effect on July 1, 2008.
History: L. 1941, ch. 341, § 1; L. 1947, ch. 373, § 1; L. 1949, ch. 380, § 1; L. 1951, ch. 408, § 1; L. 1953, ch. 339, § 1; L. 1959, ch. 295, § 1; L. 1965, ch. 413, § 1; L. 1968, ch. 392, § 1; L. 1969, ch. 327, § 1; L. 1971, ch. 232, § 1; L. 1974, ch. 332, § 1; L. 1987, ch. 299, § 9; L. 1998, ch. 64, § 22; L. 1998, ch. 201, § 8; L. 2008, ch. 113, § 9; July 1.
There are hereby created the school employees savings fund and the state school retirement fund.
(a) The school employees savings fund shall be the fund in which shall be placed and accumulated the deductions received under this act. The accumulated deductions of the school employee returned to him upon his withdrawal, or paid to his estate, or designated beneficiary, in the event of his death, as provided in this act, shall be paid from this fund. Investments authorized to be made by the board shall be made from this fund and interest received thereon shall be paid into this fund. Transfers from this fund shall be made to the state school retirement fund as needed for the purpose of paying savings annuities. All expenses necessary for the administration of this act shall be paid from this fund.
(b) All money transferred or appropriated by the state for the payment of service annuities shall be placed in the school retirement fund.
(c) The state school retirement fund shall be the fund from which all school annuities shall be paid.
History: L. 1941, ch. 341, § 2; L. 1963, ch. 380, § 1; June 30.
As soon as practicable after this act goes into effect, the board shall receive, verify, and formally validate service records as submitted by the school employees. So far as possible, reports of school service, of salaries earned, and of dates of birth shall be certified from official records; but when these are not available, the board is authorized and directed to consider other reasonable evidence. Any statement of a date of birth shall be signed under oath by the school employee concerned. The board shall have authority, independently, to secure other evidence affecting service records.
History: L. 1941, ch. 341, § 10; L. 1953, ch. 339, § 3; L. 1961, ch. 342, § 2; L. 1965, ch. 414, § 3; July 1.
Subject to such rules and regulations as the board shall adopt, the board shall issue to each school employee who shall perform school service after September 1, 1940, a certificate of the employee's service record to date, showing length of service, salaries earned, and the date of birth, and such other information as may be pertinent. Such certificate shall be final and conclusive for retirement purposes as to such data unless modified by the board upon application made by the school employee, or upon its own initiative within one year after the date of its issuance or modification. If any school employee shall fail or refuse to file any service record required by the board within three months after being notified to do so, the board shall prepare the service record from information within its knowledge and issue the certificate to the employee. If any school employee shall delay filing claim for any annuity, no payment shall be made for the period of the delay.
History: L. 1941, ch. 341, § 11; April 16.
Except as otherwise provided in this act, any school employee who has attained the age of 65 shall be eligible for a school annuity, but any employee who has attained the age of 60, at such school employee's choice, may be granted an annuity beginning on any September first from age 60. Any school annuity granted prior to age 65 shall not be the standard annuity, but shall be determined in accordance with the early retirement schedule specified in K.S.A. 72-5518 and amendments thereto, except as provided in K.S.A. 72-5513 and amendments thereto for those who retire prior to age 60 because of physical or mental disability. All annuities shall be paid in equal monthly installments beginning on the first of September of that calendar year. The board may provide for types of life annuities and refund annuities to be selected by the school employee at the time of such school employee's retirement.
No person shall receive a school retirement annuity while employed in any position wherein service credit is being earned toward benefits in another retirement system of the state of Kansas.
No person shall be employed in school service while receiving a service or disability annuity provided by this act. If any person engaged in school service shall retire and has received one or more installments of a school annuity and thereafter shall reenter school service, such person shall not be entitled to any service credit for the time spent in school service after reentering such service, nor shall such person be entitled to receive any installments of the service annuity withheld from such person while engaged in such school service. Deductions shall not be made from such person's salary for such school service, except that any person who may have reentered school service as a constitutional officer shall be permitted to pay into the state retirement board 4% of the $5,000 of such person's salary as such officer, while in such service after reentry, and thereby become fully reinstated in the school retirement plan as of the time of such reentry into school service. Any person reentering school service as provided in this section and thereafter retiring again shall not be entitled to any installment payments of the service annuity until the first September following such last retirement from school service, except that any school employee retired as provided in this section may perform school service as a substitute employee, not to exceed 90 teaching days in any one school year. If such substitute employee continues in school service longer than 90 teaching days in any one school year, such substitute employee's retirement annuity shall cease and become effective again on the first September following such last retirement. Persons who are suspended annuitants on the day preceding April 25, 1969, shall be paid retroactively all savings annuity installments withheld.
History: L. 1941, ch. 341, § 12; L. 1951, ch. 410, § 1; L. 1953, ch. 339, § 4; L. 1957, ch. 398, § 1; L. 1961, ch. 342, § 3; L. 1965, ch. 414, § 4; L. 1967, ch. 383, § 1; L. 1969, ch. 327, § 4; L. 1998, ch. 64, § 23; July 1.
On September 1, 1974, and March 1, 1975, the board of trustees of the Kansas public employees retirement system shall make such semiannual payments as would be required under former K.S.A. 72-5512a (repealed by this act) if said statute were not repealed. The actuary for Kansas public employees retirement system shall compute the remaining obligation of the state for employees remaining under the separate retirement system authorized by K.S.A. 72-1758 to 72-1769, inclusive, under former K.S.A. 72-5512a (repealed by this act) effective September 1, 1974, if said statute were not repealed. In making such computation, the actuary shall use the actuarial evaluation as of August 31, 1973, as submitted to the legislative budget committee adjusted for deaths occurring before September 1, 1974, and transfers of employees to the Kansas public employees retirement system under this act. In making such computation, the actuary shall use an interest assumption of six percent (6%), an assumed average retirement age of sixty-four (64) years and other actuarial assumptions in force for the Kansas public employees retirement system on September 1, 1974. Such actuary shall determine the level annual payments over a period of ten (10) years commencing on July 1, 1975, to retire such remaining obligation. The board of trustees of Kansas public employees retirement system shall include in its annual budget request an amount to make such payments on September 1 of each year commencing in 1975. Such board of trustees shall approve vouchers to be paid from appropriations from the state general fund for the purposes specified in this section.
History: L. 1974, ch. 293, § 4; July 1.
Any participating member in the Kansas school retirement system who has performed school service in Kansas for a period of fifteen (15) years or more, and who prior to age sixty (60) suffers such physical or mental disability as to be unable to perform school service, may be granted a disability annuity, the amount of which shall be a service annuity determined on the assumption that the member retired at age sixty (60) plus a savings annuity in the amount of the actuarial value of the savings account at the attained age. This amendment shall apply from and after July 1, 1967, to those persons who have been granted a disability annuity prior to that date and shall apply to those persons who shall be granted a disability annuity on or after July 1, 1967. In such cases the board is authorized to provide for medical examinations and to secure other evidence at the expense of the board. Such medical examinations shall be repeated at least once in every five (5) years, and may be ordered at any time until the annuitant attains age sixty-five (65). In case any person receiving a disability annuity shall recover, or if he shall refuse to be examined, then the disability annuity shall cease. But employment outside of school service at part-time work or at full-time work suited to a partly disabled person shall not of itself be sufficient reason to cease paying such disability annuity. In case any person receives a disability annuity and later recovers and returns to school service, the service record of that person shall include all school service, both before and after disability, but the retirement annuity finally paid shall be reduced by actuarial computation in proportion to the total amount of the disability annuity paid.
History: L. 1941, ch. 341, § 13; L. 1967, ch. 383, § 2; July 1.
In case an error has been made and an annuitant has been paid more or less than he is entitled to receive, and other satisfactory arrangements cannot be made, the board, insofar as that may be possible, shall adjust future annuity payments so as to correct the error, in accordance with actuarial computations: Provided, That no adjustment shall be made for an error in the service record not corrected as provided in K.S.A. 72-5511.
History: L. 1941, ch. 341, § 14; April 16.
All boards and other agencies of the state of Kansas shall deduct four percent (4%) from the gross salary of any school employee as hereinafter provided. Such deductions shall be applicable only to the first five thousand dollars ($5,000) of the gross salary paid to any contributing full-time school employee in each school year. Such deductions shall be applicable only to the first two thousand five hundred dollars ($2,500) of the gross salary paid during a school year to any contributing school employee who is eligible to receive only one-half year of service credit in such school year. Such boards and other agencies of the state shall transmit quarterly the amounts so deducted, to the state retirement board, in such manner as the board may direct, and the retirement board shall pay the same into the state treasury and the state treasurer shall credit the same to the school employees savings fund.
History: L. 1941, ch. 341, § 15; L. 1953, ch. 339, § 5; L. 1965, ch. 413, § 2; L. 1969, ch. 327, § 5; April 25.
All contracts for school services made after this act goes into effect, and all salaries of school employees set by statute, shall be deemed to include this provision for deductions: Provided, That in any case where an existing contract or legal obstacle forbids a deduction, the school employee concerned is hereby authorized to tender the amount of the deduction to the board for credit: Provided further, This section shall not apply to employees exempted under the provisions of K.S.A. 72-5509.
History: L. 1941, ch. 341, § 16; April 16.
The funds accumulated in the employees savings fund from such deductions shall be handled as permanent reserves. These reserves shall be invested by the investment committee only in assets eligible for the investment of funds of legal reserve life insurance companies in the state of Kansas as stated in K.S.A. 1968 Supp. 40-403c, with the exception of subsections (d), (i), (j), (k) and (l) of said section or as otherwise provided in this act: Provided, That total investments in common stocks permitted under such section may be made in an amount of up to twenty-five percent (25%) of the total book value of the fund and that the common stock of any bank which is a member of the federal deposit insurance corporation and has capital funds, represented by capital, surplus and undivided profits, of at least twenty million dollars ($20,000,000) shall be deemed eligible for investment under said section without regard to whether the common stock of such bank is registered on a national exchange under the securities exchange act of 1934: Provided further, That the term "admitted assets" stated in such section shall be deemed to mean the amount of the fund, and the provisions relating to limitation of investments as a percent of surplus and loans to policyholders shall be inapplicable with respect to investment of the fund. The board shall employ or retain qualified investment counsel or may negotiate with a trust company to assist and advise in the judicious investment of funds as herein provided for. All interest and income dividends received thereon shall be prorated at least once each twelve (12) months to the individual savings accounts. The board shall turn over all securities purchased to the state treasurer for safekeeping.
History: L. 1941, ch. 341, § 17; L. 1965, ch. 415, § 1; L. 1969, ch. 327, § 6; April 25.
(a) On retirement each school annuitant shall receive:
(1) A savings annuity which shall be the actuarial equivalent of the amount credited to such annuitant's savings account, with due consideration of the option provisions in K.S.A. 72-5512 and amendments thereto, and
(2) a service annuity to be paid by the state of Kansas.
The amount of any such service annuity shall be for persons who have: One to 9½ years of school service in Kansas, $2.00 per month for each year. The service annuity of those having served for more than 9½ years shall be the total of $6.85 per month for each year of the first 35 years of school service in Kansas, $3.50 per month for each year of school service in Kansas in excess of 35 years for benefits accruing during the period from September 1, 1979, to August 31, 1980, inclusive, and $6.85 per month for each year of school service in Kansas in excess of 35 years for benefits accruing on and after September 1, 1980.
Those retiring with 25 or more years of school employment may count up to 10 years out-of-state service as a school employee if the last five years of school service immediately prior to retirement is in Kansas, but such persons who attain the 25 or more years benefit schedule by counting out-of-state service and those who attain said benefit schedule by counting nonmember service shall receive the total of $6.85 per month for each year of the first 35 years of Kansas school service, $3.50 per month for each year of Kansas school service in excess of 35 years for benefits accruing during the period from September 1, 1979, to August 31, 1980, inclusive, and $6.85 per month for each year of Kansas school service in excess of 35 years for benefits accruing on and after September 1, 1980. The service annuity for school employees who retire on or after September 1, 1969, between ages 60 and 64 shall be computed by applying a percentage to the standard rate allowable at age 65; such percentages according to age at the time of early retirement shall be:
Except that those who first become school employees after September 1, 1965, cannot qualify for any service annuity unless such employee accumulates at least 10 years of school service. Certain annuitants and former school employees shall be grouped for the purpose of granting extraordinary benefits, as follows:
(A) Group I shall consist of school annuitants and former employees who left school service prior to September 1, 1959, were born before 1895, and were school employees for at least 25 years. Any person in group I shall be entitled to have all years as a school employee counted as school service and a service annuity shall be granted in the total amount of $6.85 per month for each year of the first 35 years of Kansas school service, $3.50 per month for each year of Kansas school service in excess of 35 years for benefits accruing during the period from September 1, 1979, to August 31, 1980, inclusive, and $6.85 per month for each year of Kansas school service in excess of 35 years for benefits accruing on and after September 1, 1980.
(B) Group II shall consist of annuitants with at least 25 years of school employment, who were born before March 1, 1895, who retired prior to September 1, 1959, and are receiving a retirement annuity from a city board of education maintaining a separate retirement system. Any person in group II who is receiving an annuity from such city retirement system of a lesser amount per month than the total amount obtained by (i) multiplying $6.85 by the number of years engaged as a school employee in Kansas not exceeding 35 years and (ii) multiplying $3.50 by the number of years engaged as a school employee in Kansas in excess of 35 years for benefits accruing during the period from September 1, 1979, to August 31, 1980, inclusive, or multiplying $6.85 by the number of years engaged as a school employee in Kansas in excess of 35 years for benefits accruing on and after September 1, 1980, shall be entitled to receive monthly the difference in such amounts as a service annuity. After September 1, 1965, no additional group II annuitants shall be established; instead such separate city retirement systems are hereby authorized to increase the benefits of any such annuitant, whose membership has not heretofore been established in the Kansas school retirement system, to the amount of the service annuity an eligible annuitant with the same school service would be entitled to receive under the state school retirement system.
(C) Group III shall consist of annuitants who retired before September 1, 1956, with school service in excess of 35 years and who have not qualified for any social security benefits. Notwithstanding the limitations elsewhere imposed in this section, any person in group III shall be paid by the retirement system in which such person has established membership $6.85 per month for each year of school service, except that in the event any person who retires from school service qualifies for more than one service annuity under the provisions of this section, such person shall only be entitled to receive one service annuity which shall be the one which is the largest.
(b) Subject to the provisions of K.S.A. 74-49,123 and amendments thereto, the board shall provide for a joint annuity at the option of the school employee exercised at the time of, or prior to, the date of retirement from school service whereby the service annuity shall be actuarially reduced according to the age of the individual named by the school employee as the joint annuitant. The reduced service annuity will then be paid to the annuitant during such annuitant's lifetime and a like amount continued for the life of the joint annuitant should the joint annuitant survive the annuitant. In case the amount available in any fiscal year is not sufficient to pay all service annuities in full, the amount available shall be prorated among the claimants, but the deficiency shall not constitute a claim against the state of Kansas.
History: L. 1941, ch. 341, § 18; L. 1945, ch. 292, § 2; L. 1947, ch. 373, § 2; L. 1949, ch. 380, § 3; L. 1951, ch. 408, § 2; L. 1953, ch. 339, § 6; L. 1959, ch. 296, § 1; L. 1961, ch. 342, § 4; L. 1963, ch. 381, § 1; L. 1965, ch. 413, § 3; L. 1969, ch. 327, § 9; L. 1970, ch. 285, § 1; L. 1973, ch. 287, § 1; L. 1973, ch. 288, § 1; L. 1978, ch. 293, § 2; L. 1979, ch. 227, § 1; L. 1985, ch. 254, § 6; L. 1998, ch. 64, § 24; July 1.
Benefit increases provided by this act shall be inclusive of increases provided by K.S.A. 74-4943 and shall accrue from July 1, 1973.
History: L. 1973, ch. 287, § 2; July 1.
Any aggregate payment made to a board of education under the provisions of K.S.A. 72-5512a shall be under the provisions of the state school retirement system on the day preceding the effective date of this act.
History: L. 1973, ch. 287, § 3; July 1.
In case any school employee shall quit school service before age sixty (60) (except as provided otherwise in this act) the board shall on request issue to him a certified statement of his service record and his savings account. No refund shall be made; no further payments shall be required from the employee (unless he returns to school service); interest shall continue to be credited to his account; and none of his retirement rights shall be canceled. At age sixty-five (65) such person shall become eligible to receive the annuity indicated by his service record and his savings account at the time of retirement. In case any school employee quits school service and moves from Kansas but continues in public school employment, and while so employed suffers so as to qualify under the provisions of K.S.A. 72-5513, such person shall become eligible to receive the annuity provided in K.S.A. 72-5513.
History: L. 1941, ch. 341, § 19; L. 1967, ch. 383, § 3; July 1.
In case any school employee quits school service at any time, notwithstanding the provisions of K.S.A. 72-5519 and amendments thereto, the amount credited to such school employee's savings account, at the option of the school employee, shall be refunded to such school employee and such school employee's claims upon the retirement fund, service annuity fund and employees savings fund shall be terminated. In case any such school employee who has two or more years of service in Kansas later returns to school service, subject to the provisions of K.S.A. 74-49,123 and amendments thereto, such school employee may return the amount refunded to such school employee without either interest or penalty, and regain such school employee's original status with the retirement system if such employee returns the amount so refunded within 12 months after the date such school employee reenters school service and if such school employee continues in school service for at least one school year, except that such person withdrawing from school service shall not be permitted to make application for funds credited to such person's savings account until six months shall have expired after such person's withdrawal from school service.
History: L. 1941, ch. 341, § 20; L. 1953, ch. 339, § 7; L. 1963, ch. 381, § 2; L. 1998, ch. 64, § 25; July 1.
In case of the death of any school employee or annuitant before any installment of any annuity has been paid, the amount credited to his savings account shall be refunded to the estate of the deceased unless beneficiaries have been specifically designated by said school employee or annuitant. In case of the death of a school employee or annuitant after he has retired and selected the type of annuity as provided in K.S.A. 72-5512, the provisions of such annuity shall govern any refunds to be made except that any unpaid service annuity shall be paid to the estate of the deceased unless beneficiaries have been specifically designated by said annuitant. Except as provided in K.S.A. 72-5520 and in this section, there shall be no refunds or payments to the heirs of any school employee or annuitant.
History: L. 1941, ch. 341, § 21; L. 1951, ch. 408, § 3; April 2.
In case no claim or suit is filed for the recovery of any refund or annuity installment due under the provisions of this act within five years after the same is due and payable, the amount of any such refund or annuity installment due and payable from the school employees savings fund shall be transferred to the state school service annuity fund: Provided, If any such person shall present satisfactory evidence to the board that his failure to file such application within said time period was due to lack of knowledge or incapacity on his part, the total amount originally due shall be paid such person from the state school service annuity fund.
History: L. 1941, ch. 341, § 24; L. 1974, ch. 302, § 1; July 1.
The retirement system shall be subject to supervision and audit in the same manner and by the same agencies as other departments of the state. The board shall have authority either to conduct or to require audits of those accounts of the boards and agencies designated by this act to make deductions which affect the retirement system.
History: L. 1941, ch. 341, § 25; April 16.
Annuities and refunds provided herein shall not be assignable. Any credit due any school employee or any payments made or to be made, as provided in this act, shall not be subject to sale or execution and shall not be subject to garnishment or attachment.
History: L. 1941, ch. 341, § 26; April 16.
Any person who shall, with intent to defraud, make any false statement or falsify any record required by virtue of the provisions of this act or any rule or regulation of the board, shall be deemed guilty of perjury and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment for a term of not less than one year nor more than five years, or by both such fine and imprisonment.
History: L. 1941, ch. 341, § 27; April 16.
It is hereby determined and expressly provided that no ad valorem tax shall ever be levied to provide funds for the administration of this act or for the payment of any benefits hereunder.
History: L. 1941, ch. 341, § 28; April 16.
The legislature hereby reserves the right to amend any section, paragraph, or any and all provisions of this act, as it may from time to time deem necessary.
History: L. 1941, ch. 341, § 29; April 16.
If any section or part of a section of this act shall be held unconstitutional by any court, it shall be conclusively presumed that the legislature would have passed this act without such invalid section or part of a section, and the remaining provisions shall be given full force as if the part held unconstitutional had not been included herein.
History: L. 1941, ch. 341, § 30; April 16.
All school annuities paid under this act and the act to which this act is amendatory shall not be subject to taxation under the Kansas income tax act.
History: L. 1953, ch. 339, § 8; April 3.
If a school employee as provided in K.S.A. 72-5515, is eligible to receive only one-half of service credit in a school year and deductions are applicable only to the first two thousand five hundred dollars ($2,500) of the gross salary paid during a school year for school service, is also employed at least one-half time by an agency of the state of Kansas in nonschool service such school employee may request in writing to the school employer on such forms as may be required by the retirement board, that the four percent (4%) deduction be applicable to the first five thousand dollars ($5,000) of the combined gross salaries. Such deduction shall be made by the school employer entirely from the salary for school service and remitted and credited the same as other such deductions. Upon receipt of such written request and deductions the retirement board shall grant full service credit as provided in K.S.A. 72-5501. In the event such nonschool service does not extend over the full school year the retirement board shall have sole discretion to determine if full service credit shall be granted.
History: L. 1969, ch. 329, § 1; July 1.
This act may be applicable to such school and nonschool service performed on and after July 1, 1967, provided the employee remits the required amount not previously deducted: Provided, however, On and after the beginning of the school year 1969 the request must be made within fifteen (15) days following the beginning of the school year.
History: L. 1969, ch. 329, § 2; July 1.
(a) Notwithstanding the provisions of subsection (e) of K.S.A. 72-5501 and subsection (b) of K.S.A. 72-5518 and amendments thereto, any special member receiving benefits under the state school retirement system, whose combined years of credited and noncredited service equal 10 or more, shall receive a full service annuity of $6.85 per month for each year of credited service and a service annuity of $3.00 per month for each year of Kansas school service not previously used in the calculation of the member's benefit.
(b) Any special member entitled to any annuity for noncredited service shall notify the office of the Kansas public employees retirement system of such service and the benefit shall commence the first day of the month following receipt of verification of such service.
History: L. 1985, ch. 254, § 28; July 1.
In any city of the first class in the state of Kansas there may be created by the board of education of such city a public school teachers' retirement fund, which fund when created, and the management and disbursement thereof, shall be under the control of the board of education of such city. Such retirement fund shall be created and maintained in the following manner:
First.
By an assessment of not less than one percent nor more than six percent of every installment of salary paid to a teacher employed in such city.
Second.
By the setting aside by the board of education of such city of an amount which shall be not less than one and one-half times the amount of salary assessments, and not less than the amount necessary to meet the payments herein provided for, such amount and an amount to pay a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located within the school district may be raised by special levy and none of the debt or tax limitations provided by law shall apply to such levy made under this act, except that in no event shall such levy in any one year exceed one mill on each dollar of assessed valuation of real and personal property located within the taxing district of said board of education.
Third.
By the receipt, by the gift or otherwise, of any real, personal, or mixed property, or any interest therein.
History: L. 1911, ch. 280, § 1; R.S. 1923, 72-1726; L. 1935, ch. 257, § 1; L. 1979, ch. 52, § 169; July 1.
Such a retirement fund when thus created and maintained or so much thereof as shall be necessary, shall be disbursed in the manner hereinafter set forth. And any surplus of fund not needed for immediate disbursement shall be invested by the board of education of such school district acting as trustees of such fund as provided in K.S.A. 72-17,125.
History: L. 1911, ch. 280, § 2; R.S. 1923, 72-1727; L. 1935, ch. 257, § 2; L. 1973, ch. 282, § 1; July 1.
Any teacher who has been credited under the rules and regulations of such board of education with an aggregate of thirty years of teaching experience may be retired by such board of education. Any teacher so retired under the foregoing provisions of this section, provided that at least twenty years of such accredited teaching experience shall have been in the public schools of such cities of the first class, shall be entitled to receive from such retirement fund so long as such teacher may live, equal monthly payments which shall aggregate five hundred dollars per annum: Provided, however, That no one shall receive such pension without paying into the fund therefor, by way of assessment or otherwise not less than the amount of the first annual pension to which such person shall be entitled. And in order to make up such an amount the board of education may provide for any deficiency by deducting the necessary amount from the first year's pension payments in equal amounts each month.
History: L. 1911, ch. 280, § 3; R.S. 1923, 72-1728; L. 1935, ch. 257, § 3; May 15.
Any teacher who has been credited under the rules and regulations of such board of education with an aggregate of twenty-five or more years of teaching experience may be retired by such board of education on account of disability or incapacity, physical or otherwise. Any teacher so retired, provided that at least fifteen years of such accredited teaching experience shall have been in the public schools of said cities, shall be entitled to receive from such retirement fund, during the period of retirement, monthly installments, the annual aggregate of which shall be such percentage of five hundred dollars as the number of years of such accredited teaching experience of the beneficiary shall bear to the term of thirty years. Any teacher so retired may, at the discretion of the board of education, should such teacher's incapacity or disability be removed, be reinstated as a teacher, and any right to any payments from this fund until such teacher again be retired shall cease with such reinstatement. And shall any teacher be so reinstated, the years of such retirement shall be included in arriving at the term of service when such teacher may again be retired, but no credit for such years of retirement shall be given in arriving at the amount such teacher shall be entitled to receive from the retirement fund.
History: L. 1911, ch. 280, § 4; R.S. 1923, 72-1729; L. 1935, ch. 257, § 4; May 15.
If at any time a teacher who is willing to continue is not re-employed or is discharged before the time when he or she would, under the provisions of this act, be entitled to a pension, then such teacher shall be paid back at once the money he or she may have contributed under this act. Should a teacher duly accredited in a city of the first class accept service in the public schools of any other city of the first class, operating under this law, a sum equivalent to all payments made by such teacher into the retirement fund shall be transferred to the retirement fund of the city in which such service is accepted. Any teacher who shall retire voluntarily from the service, shall receive a refund of one-half of the money he or she shall have contributed under this act. And should any teacher die before receiving any of the benefits or pensions by this act provided, the board of education shall pay to such teacher's heirs or estate one-half of the amount, without interest, which shall have been paid into such pension fund by said teacher.
History: L. 1911, ch. 280, § 5; R.S. 1923, 72-1730; L. 1935, ch. 257, § 5; May 15.
In construing this act, the word teacher shall include all members of the teaching staff employed by the board of education of such city, which shall include superintendents, supervisors and assistants to the superintendent of instruction, principals, and teachers.
History: L. 1911, ch. 280, § 6; May 22; R.S. 1923, 72-1731.
It is hereby made the duty of the treasurer of the board of education of such city to keep any fund arising under the provisions of this act as a separate fund, and to disburse the same in accordance with the instructions and orders of the board of education of such city.
History: L. 1911, ch. 280, § 7; R.S. 1923, 72-1732; L. 1935, ch. 257, § 6; May 15.
After said retirement fund shall be created by said board of education of such city, the salary of any teacher regularly employed by such city shall be exempt from the provisions of this act, provided such teacher shall make a request in writing for such exemption and file the same with the board of education of such city within one month after the effective date of this act or within one month after such teacher shall enter upon such regular employment as a teacher, and such request, when filed with the board of education of such city, shall constitute a waiver and a bar to the receipt of any benefits from the retirement fund herein provided for.
History: L. 1911, ch. 280, § 8; R.S. 1923, 72-1733; L. 1935, ch. 257, § 7; May 15.
The board of education shall have power to adopt rules and regulations for the carrying out of the purposes of this act not in conflict therewith.
History: L. 1911, ch. 280, § 9; May 22; R.S. 1923, 72-1734.
Unless a different meaning is plainly required by the context the following words and phrases, as used in this act, shall have the following meanings:
(a) "School employee" shall mean any person regularly employed, and paid out of public funds, to perform services for the school district, and shall include all teachers, principals, superintendents, supervisors, librarians, clerks, secretaries, school nurses, attendance officers, managers, engineers, building superintendents, maintenance and repairmen, custodians, and all other persons regularly employed by the board of education.
(b) "Regularly employed" shall mean employed for the major part of the working days, as distinguished from being employed as a substitute or for part-time work or less than a major part of the time.
(c) "A school service year" shall mean a twelve-month period during which a school employee has received at least one-half of his normal annual salary.
(d) "School annuitant" shall mean any person who is entitled to receive a school annuity or a disability annuity.
(e) "School annuity" shall mean the annual payment due to any school annuitant. Such annual payment shall continue for life, and be paid in equal monthly installments.
(f) "Disability annuity" shall mean a school annuity granted to a school employee who suffers such physical or mental disability as to be unable to perform school service.
(g) "Salary" shall mean the amount actually paid to the school employee for personal services plus the amount, if any, paid by the board of education toward an annuity for the school employee.
History: L. 1939, ch. 264, § 1; L. 1963, ch. 360, § 1; June 30.
There shall be a public school employees' retirement fund in unified school district No. 500, Wyandotte county, which fund, and the management and disbursement thereof, shall be under the control of the board of education of such school district. Such retirement fund shall be maintained in the following manner:
First.
(a) By an assessment of 6% of every installment of salary paid to a participating school employee of such school district and deposited in such fund. (b) The board of education, pursuant to the provisions of section 414(h)(2) of the United States internal revenue code, shall pick up and pay the contributions which would otherwise be payable by participating school employees as prescribed in subpart (a) commencing with the third quarter of 1987. The contributions so picked up shall be treated as employer contributions for purposes of determining the amounts of federal income taxes to withhold from a participating school employee's compensation. (c) Participating school employee contributions picked up by the board of education shall be paid from the same source of funds used for the payment of compensation to a participating school employee. A deduction shall be made from each participating school employee's compensation equal to the amount of the participating school employee's contributions picked up by the board of education, provided that such deduction shall not reduce the participating school employee's compensation for purposes of computing benefits under the retirement plan. (d) Participating school employee contributions picked up by the board of education shall be credited to a separate account within the school employee's individual account so that amounts contributed by the school employee commencing with the third quarter of 1987 may be distinguished from the school employee contributions picked up by the board of education.
Second.
By the setting aside by the board of education of such school district and depositing the same in such fund an amount which shall be determined as follows: (a) The liability of such school district shall be funded commencing on September 1, 1974, by payments by such school district into such fund of the amounts specified in subparts (b) and (c). (b) In the year commencing September 1, 1974, and ending August 31, 1975, the sum of $500,000. (c) Prior to July 1, 1975, such board of education shall choose to make the remaining funding payments either by level annual payments over a 29-year period or by a constant percentage of payroll using the aggregate cost funding method. The actuary for such retirement plan shall determine the amount of each annual payment or the required constant percentage of payroll under this subpart (c) in accordance with actuarial principles applicable to the payment method so chosen. Such amounts, and the amounts under subpart (b) 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 amendments thereto, for the financing of redevelopment projects upon property located within the school district shall be raised by a special tax levy on the taxable tangible property of such school district, and paid into such fund as tax proceeds are received, and none of the debt, budget or tax limitations provided by law shall apply to such levy or the proceeds thereof.
Third.
By the receipt, by gift or otherwise of any real, personal, or mixed property, or any interest therein.
History: L. 1939, ch. 264, § 2; L. 1955, ch. 317, § 1; L. 1957, ch. 391, § 1; L. 1974, ch. 293, § 1; L. 1979, ch. 52, § 170; L. 1987, ch. 299, § 7; July 1.
(a) Except as otherwise provided in subsection (b), if school employees subject to this act become subject also to the provisions of the federal social security act, and amendments thereto, monthly payments of annuity as otherwise provided herein to employees retiring subsequent to the first salary or wage deduction for social security tax shall be reduced by the monthly primary insurance amount of social security benefits, without limitation by reason of excess wage or salary income, to which the annuitant is eligible at the time of retirement or on attaining the minimum age required for payments under social security, whichever is the later. The amount of such reduction shall not be greater than ½ the monthly annuity payments as provided herein and shall not be greater than $75. The annuitant shall certify to the board of education such information as will determine the social security benefits to which the annuitant is eligible. Notwithstanding that any other provision of this section may be inconsistent herewith, the amount of such monthly annuity payments shall be not less than the amount which, when added to the amount of monthly payments of service annuity, if any, made to the annuitant from the state school retirement fund, will equal the amount of service annuity that would have been payable under the provisions of K.S.A. 72-5518 and amendments thereto if the annuitant had been a member of the state school retirement system and had been credited only with the school service years as otherwise provided herein. If the service record of any annuitant results in the eligibility of the board of education for payments from the state school retirement fund, the monthly annuity payments to such annuitant as otherwise provided herein shall be not less than the amount of such state payments.
(b) Monthly payments of annuity as provided in K.S.A. 72-1758 et seq. and amendments thereto occurring after the effective date of this act shall be reduced by the monthly primary insurance amount of social security benefits as described in subsection (a) in an amount that shall not be greater than ½ the monthly annuity payment as provided in K.S.A. 72-1758 et seq. and amendments thereto and shall not be greater than $65 during the period commencing July 1, 1990, and ending June 30, 1991; $55 during the period commencing July 1, 1991, and ending June 30, 1992; $45 during the period commencing July 1, 1992, and ending June 30, 1993; $35 during the period commencing July 1, 1993, and ending June 30, 1994; $25 during the period commencing July 1, 1994 and ending June 30, 1995; and $15 during the period commencing July 1, 1995, and ending June 30, 1996. Commencing July 1, 1996, there shall be no reduction in monthly payments of annuity as a result of the school employee receiving any primary insurance social security benefits.
History: L. 1955, ch. 317, § 2; L. 1963, ch. 361, § 1; L. 1967, ch. 384, § 1; L. 1968, ch. 280, § 2; L. 1981, ch. 281, § 1; L. 1990, ch. 282, § 28; July 1.
Such a retirement fund when thus created and maintained or so much thereof as shall be necessary, shall be disbursed in the manner hereinafter set forth. And any surplus of fund not needed for immediate disbursement shall be invested by the board of education of such school district acting as trustees of such fund as provided in K.S.A. 72-17,125.
History: L. 1939, ch. 264, § 3; L. 1973, ch. 282, § 2; July 1.
Any school employee who has been credited under the rules and regulations of such board of education with an aggregate of 30 years of school service to such board of education and has attained the age of 60 may be retired by such board of education, or at the request of the employee shall be retired by such board of education. No credit shall be given any school employee for additional years of school service in excess of 30 years. Any school employee so retired under the foregoing provisions of this section shall be entitled to receive a school annuity from such retirement fund so long as such school employee may live, in equal monthly installments which shall aggregate annually ½ of the average annual salary for any five years in which the highest compensation was received during the last 10 years of school service to the board of education.
Any school employee, who has been credited under the rules and regulations of such board of education with an aggregate of less than 30 but not less than 20 years of school service to the board of education and has attained the age of 60, may be retired by such board of education, or at the request of the employee shall be retired by such board of education. Any school employee, so retired with less than 30 years but not less than 20 years, shall be entitled to receive a school annuity from such retirement fund so long as such school employee may live, in equal monthly installments, the annual aggregate of which shall be such percentage of ½ of the average annual salary for any five years in which the highest compensation was received during the last 10 years of service to the board of education as the number of years of such accredited school service of the annuitant shall bear to the term of 30 years. All school annuities shall be paid in equal monthly installments beginning on the first day of the month following such retirement. Prior school service shall be credited to the school employee's service record up to and including, but not in excess of 20 years before September 1, 1939, except that should any school employee on September 1, 1939, be unable to obtain an aggregate of 20 years of school service before attaining age 70, then such school employee with 15 or more years of school service may be retired and then shall be entitled to receive a school annuity from such retirement fund so long as such school employee may live, in equal monthly installments, the annual aggregate of which shall be such percentage of ½ of the average annual salary for the last 10 years of school service to the board of education as the number of years of such accredited school service of the annuitant shall bear to the term of 30 years. School annuitants retired by the board of education prior to the time this amendment takes effect shall receive school annuities as provided in the statutes in effect at the time of their retirement.
History: L. 1939, ch. 264, § 4; L. 1943, ch. 252, § 1; L. 1949, ch. 367, § 1; L. 1967, ch. 384, § 2; L. 1984, ch. 289, § 4; July 1.
Any school employee may elect to have his school annuity paid under one of the options provided in this section in lieu of having it paid as provided by K.S.A. 72-1761 and any amendments thereto. Such election must be made at least one (1) year before date of actual retirement unless the school employee submits evidence, satisfactory to the board, of his good health: Provided, That if option A is elected, and the spouse or a dependent of the member is named joint annuitant, such good health requirement will be waived. A specific person must be designated as joint annuitant at the time of election of option A or B.
The amount of retirement benefit payable under an option shall be based on the age and sex of the school employee and, if applicable, the age and sex of the joint annuitant, and shall be such amount as to be the actuarial equivalent of the school annuity otherwise provided.
The retirement options are:
Option A. Joint and one-half to joint annuitant survivor.
A reduced annuity is payable to the annuitant during his lifetime with one-half (½) of that amount continued to his joint annuitant during such joint annuitant's remaining lifetime, if any, after the death of the annuitant.
Option B. Joint and survivor.
A reduced annuity is payable to the annuitant during his lifetime with that amount continued to the joint annuitant during the joint annuitant's remaining lifetime, if any, after the death of annuitant.
Option C. Life with ten years certain.
A reduced annuity is payable to the annuitant during his lifetime and if he dies within the ten-year certain period, measured from the commencement of annuity payments, such payments will be continued to his beneficiary during the balance of the ten-year certain period.
If a school employee, who is eligible to retire, dies without having actually retired, the school employee's spouse, if the spouse is beneficiary for the school employee's accumulated contributions, may elect to receive benefits as a joint annuitant under option A, calculated as if the school employee retired on date of death, in lieu of receiving the school employee's accumulated contributions.
Annuities payable to a joint annuitant shall accrue from the first day of the month following the death of a school employee or annuitant and, in the case of option A and option B, shall end on the first day of the month in which the joint annuitant dies.
History: L. 1967, ch. 384, § 7; July 1.
Any school employee who has been credited under the rules and regulations of such board of education with an aggregate of fifteen (15) or more years of school service to said board may be retired by such board of education on account of disability or incapacity, physical or otherwise. Any school employee so retired shall be entitled to receive a disability annuity from such retirement fund, during the period of retirement in equal monthly installments, beginning the month following such retirement. The annual aggregate shall be one-half (½) of the average annual salary for any five (5) years in which the highest compensation was received during the last ten (10) years of service to said board of education multiplied by a fraction of which the denominator is thirty (30) and the numerator is the number of years of school service credited to such employee, and multiplied further by a fraction of which the denominator is thirty (30) and numerator is thirty (30) minus one and one-half (1½) times the number of years which the employee's age at retirement lacks of being sixty (60): Provided, That in no case shall the numerator of the first-mentioned fraction be more than thirty (30) and the numerator of the last-mentioned fraction be less than ten (10): Provided further, Prior school service shall be credited to the school employee's service record up to and including, but not in excess of twenty (20) years before September 1, 1939.
The board is authorized to provide for medical examinations and to secure other evidence at the expense of the retirement fund for any school employee retired by such board of education on account of disability or incapacity, physical or otherwise. Such medical examinations shall be repeated at least once in every three (3) years, and may be ordered at any time until the annuitant attains age sixty (60). In case any person receiving a disability annuity shall recover, or if he shall refuse to be examined, then the disability annuity shall cease. In case any person receives a disability annuity and later recovers and returns to school service, the service records of that person shall include all school service, both before and after disability.
History: L. 1939, ch. 264, § 5; L. 1943, ch. 252, § 2; L. 1949, ch. 367, § 2; L. 1963, ch. 360, § 2; L. 1967, ch. 384, § 3; July 1.
The first monthly installments of school annuities and disability annuities and salary and wage deductions under this act shall begin in September of the year in which this act takes effect. This act shall apply only to the school employees of the board of education at the time this act takes effect and to those employed subsequently: Provided, This act [*] shall not apply to persons whose employment begins after January 1, 1964, and the effective date of a statute providing for payments to the board of education from the state school retirement fund.
History: L. 1939, ch. 264, § 6; L. 1963, ch. 361, § 2; June 30.
If at any time a school employee, who is willing to continue, is not re-employed or is discharged before the time when he would, under the provisions of this act, be entitled to a school annuity, then such school employee shall be paid back at once the money, without interest, he may have contributed under this act. Any school employee who shall resign voluntarily from the service, shall receive a refund of one-half (½) of the money, without interest, he shall have contributed under this act. If such employee accepts employment in school service elsewhere in the state of Kansas, contributions made by him and not refunded to him shall, at his request within one year after his resignation, be paid to the state school retirement system. In case any school employee shall later return to school service, he may, within the first year of re-employment return the amount refunded to him and paid to the state school retirement system without either interest or penalty, and regain his original status with the retirement fund.
And should any school employee die before receiving benefits or school annuity by this act provided in an amount at least equal to the total amount of contributions by such employee under this act, the board of education shall pay to such school employee's heirs or estate the amount, without interest, which is the difference between the amount paid into such retirement fund by said school employee and the amount, if any, paid to the school employee as benefit: Provided, Any school employee may name one or more beneficiaries to receive such payment that may be due or become due in the event of his death: Provided, Any school employee who has not attained the age of sixty (60), who has been credited under the rules and regulations of such board of education with an aggregate of twenty-five (25) or more years of school service to said board, and who voluntarily or involuntarily ceases to be an employee of the board of education, may elect, in lieu of accepting refund of his contributions as hereinbefore provided, to leave his accumulated contributions with the retirement fund and by so doing be entitled to receive a school annuity from such retirement fund beginning the first day of September following the date of his attaining the age of sixty (60) and his filing application for annuity with the board of education, and continuing so long as such school employee may live, in equal monthly installments which shall aggregate annually ninety percent (90%) of the annuity calculated on the basis of this school service as provided herein for an employee who has attained the age of sixty (60): Provided, Any school employee who shall resign voluntarily from the service, and whose resignation is effective subsequent to July 1, 1967, and the effective date of this act, shall be paid back at once the money, without interest, he may have contributed under this act: Provided, Properly executed claims for refund or deferred annuity shall be filed with the board of education by employees whose employment is terminated and by the beneficiaries, heirs, or estates of deceased employees within one (1) year from the date of termination of employment or decease of employee, and failure to file such claim within the stipulated period shall result in forfeiting of all rights to such refund or deferred annuity.
History: L. 1939, ch. 264, § 7; L. 1943, ch. 252, § 3; L. 1949, ch. 367, § 3; L. 1957, ch. 391, § 3; L. 1963, ch. 360, § 3; L. 1967, ch. 384, § 4; July 1.
Any school employee whose school service is interrupted at any time or has been interrupted subsequent to September 1, 1939, for involuntary service in the armed forces of the United States or, in time of war, for voluntary service in the armed forces of the United States, may, within one year after his return to the status of a school employee, or within one year after this act is in effect, upon application to the board of education, receive credit for the school service years otherwise lost by his service in the armed forces of the United States, by paying to the retirement fund the contributions he would have paid had he remained an employee of the board of education, the contributions to be computed on the basis of payments made during those years by employees in similar positions remaining in the service of the board of education. The board of education shall have the right to make provisions for receiving payment of such sums in installments within a period of not more than three years following date of application, by agreement with the employee.
History: L. 1949, ch. 367, § 4; June 30.
It is hereby made the duty of the treasurer of the board of education of such city to keep any fund arising under the provisions of this act as a separate fund, and to disburse the same in accordance with the instructions and order of the board of education of such city.
History: L. 1939, ch. 264, § 8; April 3.
After said retirement fund shall be created by said board of education of such city, the salaries of all school employees shall be subject to assessments according to the provisions of this act: Provided, No assessments shall be made against the salary of any school employee employed by the board of education at the time this act takes effect who will be unable to qualify for a school annuity under the provisions of this act. The board of education shall be authorized and directed to furnish information and a copy of the annual audit of the retirement fund to authorized representatives of the school employees, and to make salary and wage deductions.
History: L. 1939, ch. 264, § 9; April 3.
No person shall be employed or continue in the employment of the board of education for any school service to which this act applies, after August 31 of the year in which such person attains age 70. Nor shall any person continue as a school employee after receiving the first installment of a school annuity, or while receiving a disability annuity provided by this act, except that any school employee so retired may perform school service as a substitute employee. No assessments shall be made against the salary of, nor service credit granted, any person while thus employed.
History: L. 1939, ch. 264, § 10; L. 1967, ch. 483, § 5; L. 1987, ch. 299, § 8; July 1.
Any payments made or to be made, as provided in this act, shall not be assignable or subject to sale or execution and shall not be subject to garnishment or attachment.
History: L. 1939, ch. 264, § 11; April 3.
No school annuities paid under this act [*] shall be subject to taxation under the Kansas income tax act.
History: L. 1957, ch. 391, § 2; April 13.
The board of education shall have power to adopt rules and regulations for the carrying out of the purposes of this act not in conflict therewith.
History: L. 1939, ch. 264, § 12; April 3.
The board of education shall select and employ or retain a qualified actuary who shall serve at its pleasure as its technical advisor on matters regarding the operation of the retirement fund. The actuary shall:
(a) At least once every three (3) years make a valuation of the liabilities and reserves of the retirement fund and a determination of the contributions required by the retirement fund, to discharge its liabilities, and recommend to the board of education rates of employee salary assessment.
(b) Recommend actuarial tables for use in calculating actuarial equivalent values.
(c) Perform such other duties as may be assigned by the board.
History: L. 1967, ch. 384, § 8; July 1.
In any city of the first class in the state of Kansas having a population of more than eighty thousand and less than one hundred twenty thousand, there may be created by the board of education of such city a retirement fund for board of education employees, which fund, when created, and the management and disbursement thereof, shall be under the control of the board of education of such city except that this act shall not apply to any teachers or other employees while they are members of and participating in a separate school retirement system or fund operated by said board of education. Such retirement fund shall be created and maintained in the following manner:
First,
By an assessment of not less than one percent nor more than six percent of every installment of salary paid to such board of education employee in such city.
Second,
By the setting aside by the board of education of such city of an amount which shall be not less than one and one-half times the amount of salary assessments, and not less than the amount necessary to meet the payments herein provided for; such amount and an amount to pay a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located within the school district may be raised by special levy and none of the debt or tax limitations provided by law shall apply to such levy made under this act, except that in no event shall such levy exceed one-quarter mill on each dollar of assessed valuation of real and personal property located within the taxing district of said board of education.
Third,
By the receipt, by gift or otherwise, of any real, personal, or mixed property, or any interest therein.
History: L. 1941, ch. 339, § 1; L. 1953, ch. 327, § 1; L. 1979, ch. 52, § 171; July 1.
Such a retirement fund when thus created and maintained, or so much thereof as shall be necessary, shall be disbursed in the manner hereinafter set forth. Any surplus of fund not needed for immediate disbursement shall be invested by the board of education of such school district, acting as trustees of such fund as provided in K.S.A. 72-17,125.
History: L. 1941, ch. 339, § 2; L. 1973, ch. 282, § 3; July 1.
Any such board of education employee who has been credited under the rules and regulations of such board of education with an aggregate of twenty-five years of service may be retired by such board of education. Any such employee so retired under the foregoing provisions of this section shall be entitled to receive from such retirement fund, so long as such employee shall live, equal monthly payments which shall aggregate five hundred dollars per annum: Provided, however, That no one shall receive such pension without paying into the fund therefor, by way of assessment or otherwise, not less than the amount of the first annual pension to which such person shall be entitled. In order to make up such an amount, the board of education may provide for any deficiency by deducting the necessary amount from the first year's pension payments in equal amounts each month.
History: L. 1941, ch. 339, § 3; June 30.
Any such board of education employee who has been credited under the rules and regulations of such board of education with an aggregate of fifteen or more years of service may be retired by such board of education on account of age, disability or incapacity, physical or otherwise. Any such employee so retired shall be entitled to receive from such retirement fund, during the period of retirement, monthly installments, the annual aggregate of which shall be such percentage of five hundred dollars as the number of years such service of the beneficiary shall bear to the term of twenty-five years. Any such employee so retired may, at the discretion of the board of education, should such employee's incapacity or disability be removed, be reinstated as an employee, and any right to any payments from this fund until such employee shall again be retired shall cease with such reinstatement. Should any employee be so reinstated, the years of such retirement shall be included in arriving at the term of service when such employee may again be retired, but no credit for such years of retirement shall be given in arriving at the amount such employee shall be entitled to receive from the retirement fund.
History: L. 1941, ch. 339, § 4; June 30.
If any time any such board of education employee who is willing to continue is not re-employed or is discharged before the time when he or she would, under the provisions of this act, be entitled to a pension, then such employee shall be paid back at once the money he or she may have contributed under this act. Any such employee who shall retire voluntarily from the service shall receive a refund of one-half of the money he or she shall have contributed under this act. Should any such employee die before receiving any of the benefits or pensions by this act provided, the board of education shall pay to such employee's heirs or estate the full amount, without interest, which shall have been paid into such pension fund by said employee.
History: L. 1941, ch. 339, § 5; June 30.
It is hereby made the duty of the treasurer of the board of education of such city to keep any fund arising under the provisions of this act as a separate fund for such employees, and to disburse the same in accordance with the instructions and orders of the board of education of such city.
History: L. 1941, ch. 339, § 6; June 30.
The term "employee" as used in this act shall include all persons employed regularly in the conduct of the schools of said city, as determined by the rules and regulations of said board of education, but shall not include temporary employees, or any persons participating in any other pension plan, whether operated by said board of education or any other public body.
History: L. 1941, ch. 339, § 7; June 30.
The board of education shall have power to adopt rules and regulations for the carrying out of the purposes of this act.
History: L. 1941, ch. 339, § 8; June 30.
In any city of the first class having a population of less than 120,000 in the state of Kansas there may be created by the board of education of such city a public school teachers' and other public school employees' retirement fund, which fund when created, and the management and disbursement thereof, shall be under the control of the board of education of such city. Such retirement fund shall be created and maintained in the following manner:
First.
By an assessment of not less than one percent nor more than six percent of every installment of salary paid to a teacher or other public school employee employed in such city.
Second.
By the setting aside by the board of education of such city of an amount which shall be not less than one and one-half times the amount of salary assessments, and not less than the amount necessary to meet the payments herein provided for; such amount and an amount to pay a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located within the school district may be raised by special levy and none of the debt or tax limitations provided by law shall apply to such levy made under this act, except that in no event shall such levy in any one year exceed one mill on each dollar of assessed valuation of real and personal property located within the taxing district of said board of education.
Third.
By the receipt, by the gift, or otherwise, of any real, personal, or mixed property, or any interest therein.
History: L. 1941, ch. 340, § 1; L. 1943, ch. 253, § 1; L. 1953, ch. 327, § 2; L. 1979, ch. 52, § 172; July 1.
Such a retirement fund when thus created and maintained, or so much thereof as shall be necessary, shall be disbursed in the manner hereinafter set forth. And any surplus of the fund not needed for immediate disbursement shall be invested by the board of education of such school district acting as trustees of such fund as provided in K.S.A. 72-17,125.
History: L. 1941, ch. 340, § 2; L. 1973, ch. 282, § 4; July 1.
Any teacher who has been credited under the rules and regulations of such board of education with an aggregate of thirty years of teaching experience may be retired by the board of education. Any teacher so retired under the foregoing provisions of this section, provided that at least twenty years of such accredited teaching experience shall have been in the public schools of such cities of the first class, shall be entitled to receive from such retirement fund, so long as such teacher may live, equal monthly payments, which shall aggregate one-third of such teacher's average annual salary for the last ten years of such teaching, except that no such teacher so retired shall receive less than five hundred dollars per annum or more than nine hundred dollars per annum; any other public school employee who has been credited under the rules and regulations of such board of education with an aggregate of thirty years of experience under such regulations of such board of education, may be retired by such board of education. Any other public school employee so retired under the foregoing provisions of this section, provided that at least twenty years of such accredited experience shall have been in the public schools of such cities of the first class, shall receive from such retirement fund, so long as he or she shall live, equal monthly payments which shall aggregate one-third of such public school employee's average annual salary for the last ten years of such service, except that no such public school employee shall receive less than three hundred sixty-five dollars per annum or more than nine hundred dollars per annum: Provided, however, That no teacher or other public school employee shall receive such pension without paying into the fund by way of assessments or otherwise, not less than the amount of the first annual pension to which such person shall be entitled and in order to make up such an amount, the board of education may provide for any deficiency by deducting the necessary amount from the first year's pension payments in equal amounts each month.
History: L. 1941, ch. 340, § 3; June 30.
Any teacher who has been credited under the rules and regulations of such board of education with an aggregate of twenty-five or more years of teaching experience may be retired by such board of education on account of disability or incapacity, physical or otherwise. Any teacher so retired, provided that at least fifteen years of such accredited teaching experience shall have been in the public schools of said cities, shall be entitled to receive from such retirement fund during the period of retirement, monthly installments, the annual aggregate of which shall be such percentage of the computed annual annuity as the number of years of such accredited teaching experience of the beneficiary shall bear to the term of thirty years. Any other public school employee, who has been credited under the rules and regulations of such board of education, with an aggregate of twenty-five or more years of accredited experience, may be retired by such board of education on account of disability or incapacity, physical or otherwise.
Any other public school employee so retired, provided that at least fifteen years of such accredited experience shall have been in the public schools of such cities shall be entitled to receive from such retirement fund, during the period of retirement, monthly installments, the annual aggregate of which shall be such percentage of the computed annuity as the number of years of such accredited experience of the beneficiary shall bear to the term of thirty years. Any teacher or other public school employee so retired may, at the discretion of the board of education, should such teacher's or other public school employee's incapacity or disability be removed, be reinstated as a teacher or other public school employee and any right to any payments from this fund until such teacher or other public school employee again be retired shall cease with such reinstatement. And should any teacher or other public school employee be so reinstated, the years of such retirement shall be included in arriving at the term of service when such teacher or other public school employee may again be retired, but no credit for such years of retirement shall be given in arriving at the amount such teacher or other public school employee shall be entitled to receive from the retirement fund.
History: L. 1941, ch. 340, § 4; June 30.
If at any time a teacher or other public school employee who is willing to continue, is not re-employed or is discharged before the time when he or she would, under the provisions of this act, be entitled to a pension, then such teacher or other public school employee shall be paid back at once the money, without interest, he or she may have contributed under this act. Should a teacher or other public school employee duly accredited in a city of the first class, accept service in the public schools of another city of the first class, operating under this law, a sum equivalent to all payments, without interest, made by such teacher or other public school employee into the retirement fund shall be transferred to the retirement fund of the city in which such service is accepted. Any teacher or other public school employee who shall retire voluntarily from the service shall receive a refund of one-half of the money, without interest, he or she shall have contributed under this act.
And should any teacher or other public school employee die before receiving any of the benefits or pensions by this act provided, the board of education shall pay to such teacher's or other public school employee's heirs or estate the entire sum, without interest, which such teacher or other public school employee shall have paid into such pension fund; and further, if such teacher or other public school employee is retired as an annuitant at the time of his or her death, then if such an annuitant shall have died before he or she has received one year's annuity, the heirs or estate of such annuitant shall receive an amount from said fund equal to the difference between the amount such deceased teacher or other public school employee has received and the amount he or she would have received under this act had he or she lived for one year after retirement under this act.
History: L. 1941, ch. 340, § 5; June 30.
In construing this act, the word teacher shall include all members of the teaching staff regularly employed by the board of education of such city, which shall include superintendents, supervisors, and assistants to the superintendent of instruction, principals and teachers. Other public school employees shall include engineers, janitors, nurses, doctors, clerks, secretaries, stenographers, and librarians, and all other employees regularly employed by the board of education of such city.
History: L. 1941, ch. 340, § 6; June 30.
It is hereby made the duty of the treasurer of the board of education of such city to keep any fund arising under the provisions of this act as a separate fund and to disburse the same in accordance with the instructions and orders of the board of education of such city.
History: L. 1941, ch. 340, § 7; June 30.
After said retirement fund shall be created, by said board of education of such city, the salary of any teacher or other public school employee regularly employed by such city shall be exempt from the provisions of this act provided such teacher or other public school employee shall make a request in writing for such exemption and files the same with the board of education of such city within one month after the effective date of this act or within one month after such teacher or other public school employee shall enter upon such regular employment as a teacher or other public school employee, and such request, when filed with the board of education of such city, shall constitute a waiver and a bar to the receipt of any benefits from the retirement fund herein provided for.
History: L. 1941, ch. 340, § 8; June 30.
The board of education shall have power to adopt rules and regulations for the carrying out of the purpose of this act not in conflict therewith.
History: L. 1941, ch. 340, § 9; June 30.
All retirement funds heretofore operating under K.S.A. 72-1726 to 72-1734, inclusive for cities of the first class, and all retirement funds heretofore operating under K.S.A. 72-1780 to 72-1787, inclusive for cities of the first class having a population of more than 60,000 and less than 90,000, shall hereafter be continued under and governed by the terms of this act.
History: L. 1941, ch. 340, § 11; L. 1943, ch. 253, § 2; February 18.
In any city of the first class having a population of less than 120,000 in the state of Kansas there may be created by the board of education of such city a public school teachers' and other public school employees' retirement fund, which fund when created, and the management and disbursement thereof, shall be under the control of the board of education of such city. Such retirement fund shall be created and maintained in the following manner:
First.
By an assessment of not less than one percent nor more than six percent of every monthly installment of salary paid to a teacher or other public school employee employed in such city except that so much of any such salary installment as is in excess of $250 shall be exempt from such assessment.
Second.
By the setting aside by the board of education of such city of an amount which shall be not less than one and one-half times the amount of salary assessments, and not less than the amount necessary to meet the payments herein provided for; such amount and an amount to pay a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located within the school district may be raised by special levy and none of the debt or tax limitations provided by law shall apply to such levy made under this act, except that in no event shall such levy in any one year exceed one mill on each dollar of assessed valuation of real and personal property located within the taxing district of said board of education.
Third.
By the receipt, by the gift, or otherwise, of any real, personal, or mixed property, or any interest therein.
History: L. 1947, ch. 384, § 1; L. 1953, ch. 327, § 3; L. 1979, ch. 52, § 173; July 1.
Such a retirement fund when thus created and maintained, or so much thereof as shall be necessary, shall be disbursed in the manner hereinafter set forth. And any surplus of the fund not needed for immediate disbursement shall be invested by the board of education of such school district acting as trustee of such fund as provided in K.S.A. 72-17,125.
History: L. 1947, ch. 384, § 2; L. 1973, ch. 282, § 5; July 1.
Any teacher or other public school employee who has been credited under the rules and regulations of such board of education with an aggregate of thirty years of teaching experience or other employment, and has attained the age of sixty years, may be retired by the board of education. Any teacher or other public school employee so retired under the foregoing provisions of this section, provided that at least twenty years of such accredited teaching experience or other employment shall have been in the public schools of cities of the first class of the state of Kansas, shall be entitled to receive from such retirement fund, so long as such teacher or other public school employee may live, equal monthly payments, which shall aggregate one-half of such teacher's or other public school employee's annual salary for the last ten years of such teaching or employment, except that no such teacher or other public school employee who is so retired shall receive more than $1,500 per annum. Any teacher or other public school employee who has been credited under the rules and regulations of such board of education with an aggregate of thirty years of teaching experience or employment, but who has not reached the age of sixty years, may be retired by the board of education.
Any teacher or other public school employee so retired under the foregoing provisions of this section, provided that at least twenty years of such accredited teaching experience or other employment shall have been in the public schools of cities of the first class of the state of Kansas, shall be entitled to receive from such retirement fund, so long as such teacher or other public school employee may live, equal monthly payments, which shall aggregate one-third of such teacher's or other public school employee's annual salary for the last ten years of such teaching or employment, except that no such teacher or other public school employee who is retired prior to reaching sixty years, shall receive more than nine hundred dollars per annum, and no such teacher so retired shall receive less than five hundred dollars per annum, and no other public school employee shall receive less than $365 per annum: Provided, however, That no teacher or other public school employee shall receive either such pension without paying into the fund by way of assessments or otherwise, not less than the amount of the first annual pension to which such person shall be entitled, and in order to make up such an amount the board of education may provide for any deficiency by deducting the necessary amount from the first year's pension payments in equal amounts each month.
History: L. 1947, ch. 384, § 3; July 1.
Any teacher or other public school employee who has been credited under the rules and regulations of such board of education with an aggregate of twenty-five (25) or more years of teaching experience or other employment may be retired by such board of education on account of disability or incapacity, physical or otherwise. Any teacher or other public school employee so retired, provided that at least fifteen (15) years of such accredited teaching experience or other employment shall have been in the public schools of cities of the first class of the state of Kansas, shall be entitled to receive from such retirement fund during the period of retirement, monthly installments, the annual aggregate of which shall be such percentage of one-half (½) of such teacher's or other public school employee's average annual salary for the last ten (10) years of such service as the number of years of such accredited teaching experience or other employment of the beneficiary shall bear to the term of thirty years, except that no such teacher or other public school employee who is so retired shall receive more than one thousand five hundred dollars ($1,500) per annum.
The board of education is authorized to provide for medical examinations and to secure other evidence, at the expense of the retirement fund, for any teacher or other public school employee retired by such board of education on account of disability or incapacity, physical or otherwise. Such medical examinations shall be repeated at least every year, and may be ordered at any time until the beneficiary attains the age of sixty-five (65). In case any person receiving payments under this act by reason of disability shall recover, or if he shall refuse to be examined, then payments to such person from the retirement fund created by this act shall cease. In case any person receives payments under this act by reason of being retired because of disability and later recovers and returns to school service, the service record of such person shall include all school service, both before and after, but not during disability.
History: L. 1947, ch. 384, § 4; L. 1959, ch. 284, § 1; June 30.
If at any time a teacher or other public school employee who is willing to continue, is not re-employed or is discharged before the time when he would, under the provisions of this act, be entitled to a pension, then such teacher or other public school employee shall be paid back at once the money, without interest, he may have contributed under this act. Should a teacher or other public school employee duly accredited in a city of the first class, accept service in the public schools of another city of the first class, operating under this law, a sum equivalent to all payments, without interest, made by such teacher or other public school employee into the retirement fund shall be transferred to the retirement fund of the city in which such service is accepted. Any teacher or other public school employee who shall retire voluntarily from the service shall receive a refund of all of the money, without interest, he shall have contributed under this act: Provided, That if any teacher or other public school employee shall so retire before the expiration of the contract under which he is employed he shall only receive a refund of one-half of the money, without interest, he shall have contributed under this act unless such retirement is occasioned by ill health or other just cause and the final determination of the same shall be vested in the board of education.
And should any teacher or other public school employee die before receiving any of the benefits or pensions by this act provided, the board of education shall pay to such teacher's or other public school employee's heirs or estate the entire sum, without interest, which such teacher or other public school employee shall have paid into such pension fund; and further, if such teacher or other public school employee is retired as an annuitant at the time of his death, then if such an annuitant shall have died before he has received one year's annuity, the heirs of estate of such annuitant shall receive an amount from said fund equal to the difference between the amount such deceased teacher or other public school employee has received and the amount he would have received under this act had he lived for one year after retirement under this act.
History: L. 1947, ch. 384, § 5; July 1.
In construing this act, the word teacher shall include all members of the teaching staff regularly employed by the board of education of such city, which shall include superintendents, supervisors, and assistants to the superintendent of instruction, principals and teachers. Other public school employees shall include engineers, janitors, nurses, doctors, clerks, secretaries, stenographers, and librarians, and all other employees regularly employed by the board of education of such city.
History: L. 1947, ch. 384, § 6; July 1.
It is hereby made the duty of the treasurer of the board of education of such city to keep any fund arising under the provisions of this act as a separate fund and to disburse the same in accordance with the instructions and orders of the board of education.
History: L. 1947, ch. 384, § 7; July 1.
After said retirement fund shall be created by said board of education of such city, the salary of any teacher or other public school employee regularly employed by such city shall be exempt from the provisions of this act provided such teacher or other public school employee shall make a request in writing for such exemption and files the same with the board of education of such city within one month after the effective date of this act or within one month after such teacher or other public school employee shall enter upon such regular employment as a teacher or other public school employee, and such request when filed with the board of education of such city, shall constitute a waiver and a bar to the receipt of any benefits from the retirement fund herein provided: Provided, however, That a teacher or other public school employee previously employed in a capacity similar to those defined in K.S.A. 72-17,104, by any public corporation having a retirement fund, other than another city of the first class, operating under this law, who is employed after this act takes effect by a board of education maintaining a retirement fund under the provisions of this act, shall not be entitled to any benefits from the retirement fund provided for by this act until and unless such teacher or other public school employee shall deposit in the retirement fund of the employing board of education an amount equal to all funds that such teacher or other public school employee has received from the retirement fund of the public corporation last employing him, and such teacher or other public school employee shall receive no credit toward retirement for the time employed by a board of education maintaining a retirement fund under the provisions of this act prior to the making of such deposit.
History: L. 1947, ch. 384, § 8; July 1.
The board of education shall have power to adopt rules and regulations for the carrying out of the purpose of this act not in conflict therewith.
History: L. 1947, ch. 384, § 9; July 1.
The board of any unified district having a population of more than two hundred twenty-five thousand (225,000) is authorized and empowered to establish by resolution a supplemental retirement system for employees of such unified district, such retirement or pension system to be in addition to and to supplement the state system for retirement and payment of annuities provided for in article 55 of chapter 72 of the Kansas Statutes Annotated, such system to provide for the payment of retirement benefits by reason of disability or on account of age and length of service or both, subject only to the following limitations:
(a) The total monthly benefits payable to any one annuitant under such supplemental retirement system may be graduated but shall not exceed one-half (½) the maximum service annuity payable under the state system.
(b) Each annuitant in order to be eligible for benefits under this act shall have been employed in the school system of such city not less than ten (10) school years and shall have attained the age of sixty-five (65) years except that such system may provide for the payment of benefits by reason of disability regardless of age and regardless of length of service in such system. Such boards of education may provide for the financing of such system out of its general fund and by salary deductions from all employees in such system but such salary deductions shall not exceed five percent (5%) of such salaries up to four hundred dollars ($400) per month for each such employee.
(c) The board of education is hereby authorized to invest any moneys derived from the salary tax and not currently needed as provided in K.S.A. 72-17,125, and may be invested in shares or accounts in savings and loan associations insured by the federal saving and loan insurance corporation, or other federal agency, to the extent covered by such insurance.
(d) The term "school system of such city" for the purpose of this section means the school system of the unified district or the school system of any disorganized district a part of the territory of which is included in such unified district.
(e) None of the provisions of this section shall be so applied or construed as to reduce or decrease the benefits of any person having rights under the provisions of this section at the time of its amendment by this act.
History: L. 1949, ch. 384, § 1; L. 1951, ch. 402, § 1; L. 1953, ch. 329, § 1; L. 1965, ch. 410, § 31; L. 1967, ch. 385, § 1; L. 1973, ch. 282, § 6; July 1.
Unless a different meaning is clearly required by the context, the following words and phrases as used in this act shall have the following meanings:
(1) "Board" shall mean the board of education of any city of the first class operating a retirement system under the provisions of K.S.A. 72-1788 to 72-1796, inclusive.
(2) "Actuarial equivalent" shall mean a monthly life annuity, the amount of which shall be determined by an actuarial computation as provided in subsection (o) of K.S.A. 72-5501.
History: L. 1951, ch. 409, § 1; June 30.
The members of a separate retirement system operated under the provisions of K.S.A. 72-1788 to 72-1796, inclusive, (not including members previously retired) shall become members of the state school retirement system in the manner and subject to the conditions prescribed by K.S.A. 72-5501 on September 1st following (a) the presentation of a petition signed by fifty-one percent (51%) of such members requesting the abolishment of the separate retirement system, and (b) the passage of a resolution by the board abolishing the separate retirement system and establishing a supplemental retirement system in accordance with the provisions of this act: Provided, That the separate retirement system shall remain in effect for previously retired members and members who retire before becoming eligible for benefits under the state school retirement system, until all obligations and annuities to such retired members have been paid. The sufficiency of the petition shall be determined by the board, and upon the filing thereof and the passage of the resolution as above provided, the clerk of the board shall certify to the state school retirement board that such petition has been presented and such resolution adopted.
The board shall contribute to the state school retirement system from the retirement fund of the separate retirement system the amounts prescribed by subsection (d) of K.S.A. 72-5501 to enable the members of its separate retirement system to become eligible for membership in the state school retirement system: Provided, That in the event any member of the separate retirement system who becomes a member of the state school retirement system shall retire before continuing in service under said state retirement system for a year, and is thereby ineligible to receive any annuity from the state school retirement system, the amount contributed by the board of education to the state school retirement fund for the benefit of such member shall be repaid to said board and placed in the separate retirement fund of said board. School employees of the board who are not members of the separate retirement system may, if otherwise eligible, elect to become members of the state school retirement system and shall be entitled to service credit in the state school retirement system in accordance with the provisions thereof.
History: L. 1951, ch. 409, § 2; June 30.
The board is hereby authorized to establish a supplemental retirement system for its employees who are members of the state school retirement system, such supplemental retirement system to be in addition to and to supplement the state system for retirement and payment of annuities provided for in article 55 of chapter 72 of the Kansas Statutes Annotated. Such supplemental retirement system shall provide for retirement benefits by reason of disability or on account of age and length of service, or both, subject only to the following limitations:
(1) Monthly benefits payable to any one annuitant under such supplemental retirement system shall be the actuarial equivalent of such annuitant's accumulated credits in the supplemental retirement fund to be created: Provided, No annuitant shall receive from such supplemental retirement system a monthly annuity in excess of fifty dollars ($50): Provided further, That any annuitant who was a contributing member of the separate retirement system at the time it was abolished and who retires at age sixty-five (65) or over from the supplemental retirement system shall receive from such supplemental retirement system an amount which, plus the amount received from the state school retirement system, is not less than the amount which would have been received by such annuitant under the separate retirement system;
(2) each annuitant, in order to be eligible for benefits under the supplemental retirement system, shall have attained the age of sixty-five (65) years, provided that such system may provide for the payment of actuarially equivalent benefits at any time prior to sixty-five (65) but not less than sixty (60);
(3) such supplemental retirement system may also provide for minimum retirement benefits to employees whose services may be terminated by reason of disability, in accordance with rules and regulations established by the board.
History: L. 1951, ch. 409, § 3; June 30.
For the purpose of financing the supplemental retirement system established under the provisions of this act, the board shall establish a fund to be known as the "supplemental retirement fund," to which shall be credited: (1) Annual contributions by the board in an amount equal to six percent (6%) of the first three thousand dollars ($3,000) of annual salary of each member of the supplemental retirement system;
(2) any residue in the separate retirement fund after payment to the state school retirement fund of the amounts required by subsection (d) of K.S.A. 72-5501: Provided, The board shall retain in the separate retirement fund an amount sufficient to pay retirement benefits to previously retired members until the proceeds of the tax levy authorized in K.S.A. 72-17,114 are available;
(3) interest received from investments of the fund;
(4) gifts made to, or for the benefit of such fund.
The board may invest any portion of said fund not currently needed as provided in K.S.A. 72-17,125.
History: L. 1951, ch. 409, § 4; L. 1974, ch. 294, § 1; July 1.
The board is hereby authorized to levy a tax of not to exceed one mill on all the taxable tangible property within the jurisdiction of the board for the purpose of paying the contribution to be made by the board to the supplemental retirement fund 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 amendments thereto, for the financing of redevelopment projects upon property located within the school district. If in any year such levy does not raise sufficient money to make the contribution required, any deficiency may be made up in subsequent years, so long as the levy in any year does not exceed one mill. Such levy shall be in addition to all other levies authorized or limited by law and none of the levy limitations of article 19 of chapter 79 of the Kansas Statutes Annotated shall apply to such levy.
History: L. 1951, ch. 409, § 5; L. 1979, ch. 52, § 174; July 1.
For the purpose of providing a fund to pay the annuities and obligations to retired members under the separate retirement system 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 amendments thereto, for the financing of redevelopment projects upon property located within the school district, the board is hereby authorized to levy a tax of not to exceed six-tenths (.6) mill on all tangible taxable property within the jurisdiction of the board. Such levy shall be in lieu of the levy authorized by K.S.A. 72-1780 and none of the levy limitations provided in article 19 of chapter 79 of the Kansas Statutes Annotated shall apply to such levy.
History: L. 1951, ch. 409, § 6; L. 1979, ch. 52, § 175; July 1.
The board shall establish and maintain in the supplemental retirement fund an account for each member of the supplemental retirement system. There shall be credited to such account:
(1) The amount annually contributed by the board based on the member's salary;
(2) a proportionate share of interest received on investments of the fund and of gifts made to the fund, such share to be in the ratio that each member's account bears to the total of all members' accounts: Provided, That if the terms of any gift provide for a different distribution, such gift shall be distributed in accordance with the terms thereof;
(3) in the case of members who were contributing members of the separate retirement system at the time it was abolished, the residue of the separate retirement fund shall be credited to such members' accounts in the ratio that the amount paid for each member bears to the total amount paid to the state retirement system.
Such account shall be used for the purpose of paying the benefits upon retirement as provided in subsection (1) of K.S.A. 72-17,111. In case any member of the supplemental retirement system shall terminate his employment with the board prior to retirement, or shall die prior to retirement, or shall die prior or subsequent to retirement, such member, his heirs or estate, shall not be entitled to any payments from the supplemental retirement fund by reason of any amounts credited to his account. Upon the termination of the employment of any member before retirement, or upon his death either prior to or subsequent to retirement, the remaining amount credited to his account may, under rules and regulations established by the board, be distributed among the accounts of the remaining members, or credited to a separate account maintained for the purpose of paying retirement benefits to employees retired because of disability.
History: L. 1951, ch. 409, § 7; June 30.
The board is authorized to establish rules and regulations governing the administration of the supplemental retirement system authorized by this act.
History: L. 1951, ch. 409, § 8; June 30.
Unless a different meaning is clearly required by the context, the words "board of education" when used in this act, shall mean any board of education which, prior to the effective date of this act, has established and is operating a retirement system under any of the provisions of K.S.A. 72-1726 to 72-1734, both sections inclusive, or K.S.A. 72-1780 to 72-17,107, both sections inclusive.
History: L. 1953, ch. 328, § 1; April 8.
The members of any retirement system of any board of education operating under any of the provisions of K.S.A. 72-1726 to 72-1734, both sections inclusive, or K.S.A. 72-1780 to 72-17,107, both sections inclusive, (not including members previously retired) and who are school employees as said term is defined in K.S.A. 72-5501 or any amendments thereto, shall become members of the state school retirement system in the manner and subject to the conditions prescribed by K.S.A. 72-5501 or any amendments thereto on September 1st following: (a) The presentation of a petition signed by not less than fifty-one percent (51%) of members of such retirement systems, exclusive of members who have retired, requesting membership in the state school retirement system and requesting continuation of the retirement system of the board of education as a supplemental retirement system in accordance with the provisions of this act, and (b) passage of a resolution by the board of education providing for the continuation of its retirement system as a supplemental retirement system in accordance with the provisions of this act.
The sufficiency of the petition shall be determined by the board of education, and upon the filing of such petition and passage of a resolution as provided above, the clerk of the board shall certify to the state school retirement board that such petition has been presented and such resolution has been adopted. The board of education shall contribute to the state school retirement system from the retirement fund of the board of education the amounts required by subsection (d) of K.S.A. 72-5501 to enable the members of its retirement system to become eligible for membership in the state school retirement system: Provided, That in the event any member of the retirement system of the board of education who becomes a member of the state school retirement system shall be retired before continuing in service under said state school retirement system for a year, and is thereby ineligible to receive any annuity from the state school retirement system, the amount contributed by the board of education to the state school retirement fund for the benefit of such member shall be repaid to the board of education and placed in its supplemental retirement fund. School employees of the board of education who are not members of its retirement system may, if otherwise eligible, elect to become members of the state school retirement system, and shall be entitled to service credit in the state school retirement system in accordance with the provisions thereof.
History: L. 1953, ch. 328, § 2; April 8.
The board of education is hereby authorized to continue its retirement system established under any of the provisions of K.S.A. 72-1726 to 72-1734, both sections inclusive, or K.S.A. 72-1780 to 72-17,107, both sections inclusive, as a supplemental retirement system in accordance with the provisions of this act, and shall provide the same rights and benefits for its members as are provided under its retirement system established under such sections, except that the benefits to any member who becomes a member of the state school retirement system shall be reduced by the amount of the benefits actually received from both the savings annuity and the service annuity by such member from the state school retirement system: Provided, That members of such supplemental retirement systems, when retired after the establishment of such systems, shall receive the full first year's annual pension without any deduction for deficiency as provided in K.S.A. 72-17,101, reduced only by the amounts actually received from the state school retirement system as provided above: Provided further, That members of such supplemental retirement systems who were retired, other than for disability, at the close of the 1953-1954 school year or who shall be retired, other than for disability, at the close of any subsequent school year shall receive retirement benefits as provided in this act beginning on September 1st following the date of their retirement.
Such supplemental system shall be maintained solely for the benefit of those teachers and employees who are members of such retirement system or systems on August 31 following compliance with the provisions of K.S.A. 72-17,118 and any amendments thereto, and no teacher or employee of such board of education shall be eligible to become a member of such supplemental retirement system or systems after such August 31. All members of the supplemental retirement system who are previously retired or who shall be retired prior to becoming eligible for benefits under the state school retirement system shall receive the same benefits under the supplemental retirement system as are now provided for them under any of the provisions of the retirement systems of the boards of education established under K.S.A. 72-1726 to 72-1734, both sections inclusive, or K.S.A. 72-1780 to 72-17,107, both sections inclusive: Provided, That such members shall receive an annuity of not less than seven hundred twenty dollars ($720) per year, payable in equal monthly installments, beginning on September 1 following compliance with K.S.A. 72-17,118 and any amendments thereto if such members had performed thirty (30) years of service, twenty (20) years of which was in public schools of such cities of the first class, or if such members were retired for disability and had performed twenty-five (25) years of service, fifteen (15) years of which was in public schools of cities of the first class: Provided further, If any such board of education established a retirement system for teachers and employees prior to July 1, 1947, and thereafter established a retirement system under the provisions of chapter 384 [] of the session laws of 1947, such board of education, in its discretion, may increase the retirement benefits payable after September 1, 1955, to any teachers or employees, who were retired for disability or otherwise, prior to the establishment of said latter retirement system and who at the date of their retirement had the qualifications required for retirement under any of the provisions of chapter 384 [] of the session laws of 1947, so as to equal the retirement benefits provided by said chapter 384 [*] of the session laws of 1947 for teachers and employees with the same qualifications.
History: L. 1953, ch. 328, § 3; L. 1955, ch. 318, § 1; April 4.
For the purpose of financing the supplemental retirement system established under the provisions of this act, the board of education shall establish a supplemental retirement fund to which shall be credited:
(1) Any residue in a retirement fund established under any of the provisions of K.S.A. 72-1726 to 72-1734, inclusive, and amendments thereto, or K.S.A. 72-1780 to 72-17,107, inclusive, and amendments thereto, after payment of the state school retirement fund of the amounts required by subsection (d) of K.S.A. 72-5501.
(2) The proceeds of a special tax levy of not to exceed two mills per annum upon all taxable tangible property within the taxing jurisdiction of the board of education; and said board of education is hereby authorized to make such an annual tax levy for such retirement fund 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 amendments thereto, for the financing of redevelopment projects upon property located within the school district. Said levy shall be in addition to all other tax levies authorized or limited by law and shall not be subject to or within any aggregate tax levy limits prescribed by article 19 of chapter 79 of the Kansas Statutes Annotated and any amendments thereto.
(3) Interest from investments of the fund.
History: L. 1953, ch. 328, § 4; L. 1979, ch. 52, § 176; July 1.
The supplemental retirement fund may be invested by the board of education as provided in K.S.A. 72-17,125.
History: L. 1953, ch. 328, § 5; L. 1973, ch. 282, § 7; July 1.
Any retirement benefits paid under the provisions of this act and acts to which this act is amendatory, shall not be subject to taxation under the Kansas income tax act.
History: L. 1953, ch. 328, § 6; April 8.
If at any time the supplemental retirement fund, exclusive of amounts subject to withdrawal by the members, shall be insufficient to pay retirement benefits to the members as they become due, no-fund warrants may be issued by the board of education as provided by K.S.A. 79-2940, or any amendments thereto, except the notation required in said section shall be: "Issued pursuant to authority of law" followed by the citation of this act: Provided, That such no-fund warrants shall not be issued after the end of the first full fiscal year following the effective date of this act, and the approval of the state commission of revenue and taxation shall not be required for the issuance of such warrants.
The board of education shall use the proceeds of such no-fund warrants to pay the retirement benefits accruing to members of the supplemental retirement system. The said board of education shall make a levy at the first tax levying period after such warrants are issued sufficient to pay such warrants and the interest thereon as may be required during any budget year. Such levy shall be in addition to all other levies authorized or limited by law and shall not be subject to nor within any aggregate tax levy limit prescribed by article 19 of chapter 79 of the Kansas Statutes Annotated or any amendments thereto.
History: L. 1953, ch. 328, § 7; April 8.
The board of education of any school district which is operating a supplemental retirement system under the provisions of K.S.A. 72-17,117 to 72-17,123, both sections inclusive, for the purpose of continuing its retirement systems established under any of the provisions of K.S.A. 72-1726 to 72-1734, both sections inclusive, or K.S.A. 72-1780 to 72-17,107, both sections inclusive, which has in its employ teachers or school employees who were members of any such retirement systems prior to September 1, 1941, may, in its discretion, by resolution duly passed, provide that if any such teacher or school employee has been or shall be retired in or after the year 1965, and upon such retirement was or is not entitled to any supplemental retirement benefits payable from its supplemental retirement fund, then such retired teacher or school employee shall be entitled to a refund of all contributions made by him prior to September 1, 1941, to the retirement fund of any retirement system established under said K.S.A. 72-1726 to 72-1734, both sections inclusive, or K.S.A. 72-1780 to 72-17,107, both sections inclusive. Said refunds shall be paid to such retired teacher or school employee out of the supplemental retirement fund of said school district. Expenditures made under authority of this act by any school district shall not apply in determining any limitation under K.S.A. 1965 Supp. 72-7015 [*], as amended by section 1 of chapter 9 of 1966 special session laws.
History: L. 1967, ch. 386, § 1; July 1.
(a) The board of education of any school district to which K.S.A. 72-1727, 72-1760, 72-1781, 72-1789, 72-17,100, 72-17,108 or 72-17,121, and amendments thereto, apply, and the retirement fund of which has a balance greater than $50,000, may invest and reinvest moneys in the retirement fund of the school district and to acquire, retain, manage, including the exercise of any voting rights, and dispose of investments of such fund in accordance with this subsection and K.S.A. 72-17,126 to 72-17,131, inclusive, and amendments thereto. The provisions and standards provided in K.S.A. 58-24a02 and amendments thereto shall apply in investing or reinvesting moneys in such fund.
(b) The board of education of any school district to which K.S.A. 72-1727, 72-1760, 72-1781, 72-1789, 72-17,100, 72-17,108 or 72-17,121, and amendments thereto, apply, and the retirement fund of which has a balance of $50,000 or less, may invest and reinvest moneys in such fund only in direct obligations of, or obligations the principal of which and interest on which are unconditionally guaranteed by, the United States of America, or in time deposit open accounts in any bank located in Kansas, except that the amount so invested in a bank shall be secured in the manner prescribed by subsections (a) to (e), inclusive, of K.S.A. 75-4218, and amendments thereto.
History: L. 1973, ch. 282, § 8; L. 1989, ch. 48, § 90; L. 1993, ch. 238, § 3; L. 2001, ch. 75, § 11; July 1.
Subject to the standards, objectives and restrictions set forth in K.S.A. 72-17,125, each such board of education shall formulate policies for the investment and reinvestment of moneys in the retirement fund of the school district and the acquisition, retention, management and disposition of investments of such fund. From time to time, each board of education shall review any policies so adopted and make such changes therein as it deems necessary.
History: L. 1973, ch. 282, § 9; July 1.
Any such board of education may enter into contracts with one or more financial advisors whom it determines to be qualified, whereby the financial advisors undertake to perform the functions specified in K.S.A. 72-17,125 to the extent provided in the contract. Performance of functions under contract so entered into shall be paid for out of the gross interest or other income of the investments with respect to which the functions are performed, and the net interest or other income of the investments after that payment shall be considered income of such retirement fund. Each board of education may require a financial advisor contracted with to give a fidelity bond in such sum as may be fixed by law or, if not so fixed, as may be fixed by the board of education, with corporate surety authorized to do business in this state.
History: L. 1973, ch. 282, § 10; July 1.
In the acquisition or disposition of securities, each board of education may rely on the written legal opinion of a reputable and nationally recognized bond attorney or attorneys, or the written legal opinion of the attorney of the financial advisors.
History: L. 1973, ch. 282, § 11; July 1.
Except as provided in K.S.A. 72-17,127 and this section the custody of money and securities of each retirement fund shall remain in the custody of the respective school district treasurer, except that each board of education may arrange for the custody of such money and securities as it considers advisable with a member bank or trust company of the federal reserve system in the state of Kansas to be held in safekeeping by the bank or trust company for the collection of the principal and interest or other income or of the proceeds of sale. The services provided by any such bank or trust company shall be paid for out of the gross receipts from such interest or other income, and the net interest or other income after such payment shall be considered income of the respective retirement fund.
History: L. 1973, ch. 282, § 12; July 1.
Each board of education shall establish the requirements and procedure for reporting any and all activity relating to investment functions provided for in this act, in order to prepare a record monthly of the investment income and changes made during the preceding month. The record shall reflect a detailed summary of investment, reinvestment, purchase, sale and exchange transactions, showing the dates thereof, the prices paid and obtained, the names of the dealers and such other information as the board of education may consider advisable to reflect a true accounting of the investment activity of the retirement fund.
History: L. 1973, ch. 282, § 13; July 1.
Each board of education shall provide for an examination of the investment program annually. The examination shall include an evaluation of current investment policies and practices and of specific investments of the funds in relation to the standards and objectives set forth in K.S.A. 72-17,125 and other criteria as may be appropriate, and recommendations relating to the investment policies and practices and to specific investments of the retirement fund as are considered necessary or desirable.
History: L. 1973, ch. 282, § 14; July 1.
Whenever there is included in any unified district a disorganized district in which was maintained as of January 1, 1965, a school employees' retirement system separate from or supplemental to the state school retirement system at the time of inclusion in said unified district then said unified district shall assume all authority granted and all responsibilities imposed by all statutes relating to such retirement system applicable at the effective date of unification and all subsequent amendments thereto.
History: L. 1965, ch. 420, § 22; L. 1967, ch. 384, § 6; July 1.
The monthly payments of annuity as otherwise provided shall be increased effective July 1, 1967, by the amount the monthly payment, if any, paid to the board of education as provided by K.S.A. 72-5512a as representing the school service annuity to which the annuitant would have been eligible if a member of the state retirement system, exceeds one hundred five dollars ($105).
History: L. 1967, ch. 401, § 2; L. 1968, ch. 280, § 1; July 1.
History: L. 1921, ch. 245, §§ 1 to 3; R.S. 1923, 72-2701 to 72-2703; Repealed, L. 1947, ch. 363, § 1; June 30.
History: L. 1921, ch. 245, § 4; L. 1923, ch. 189, § 1; R.S. 1923, 72-2704; Repealed, L. 1947, ch. 363, § 1; June 30.
History: L. 1921, ch. 245, § 5; R.S. 1923, 72-2705; Repealed, L. 1937, ch. 301, § 1; March 4.
History: L. 1921, ch. 245, § 6; R.S. 1923, 72-2706; Repealed, L. 1947, ch. 363, § 1; June 30.
History: L. 1937, ch. 301, §§ 2, 3; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1953, ch. 355, §§ 1 to 3; Repealed, L. 1968, ch. 283, § 3; July 1, 1969.
History: L. 1953, ch. 355, § 4; L. 1955, ch. 321, § 1; Repealed, L. 1968, ch. 283, § 3; July 1, 1969.
History: L. 1953, ch. 355, § 5; Repealed, L. 1968, ch. 283, § 3; July 1, 1969.
History: L. 1953, ch. 355, § 6; L. 1961, ch. 328, § 1; Repealed, L. 1968, ch. 283, § 3; July 1, 1969.
History: L. 1953, ch. 355, §§ 7 to 14; Repealed, L. 1968, ch. 283, § 3; July 1, 1969.
History: L. 1953, ch. 355, § 15; L. 1961, ch. 329, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1953, ch. 355, § 16; Repealed, L. 1968, ch. 283, § 3; July 1, 1969.
History: R.S. 1923, 72-2801; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1897, ch. 180, § 2; R.S. 1923, 72-2802; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-2803; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1897, ch. 180, § 4; L. 1921, ch. 238, § 1; R.S. 1923, 72-2804; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1897, ch. 180, §§ 5, 6; R.S. 1923, 72-2805, 72-2806; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1907, ch. 332, § 1; R.S. 1923, 72-2807; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-2808; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-2809, 72-2810; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1921, ch. 246, §§ 1, 2; R.S. 1923, 72-2811, 72-2812; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1921, ch. 246, §§ 3 to 5; R.S. 1923, 72-2813 to 72-2815; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-2816; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1915, ch. 313, § 1; R.S. 1923, 72-2901; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1915, ch. 318, § 1; R.S. 1923, 72-2902; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1905, ch. 397, § 1; L. 1913, ch. 277, § 1; L. 1920, ch. 52, § 10; R.S. 1923, 72-3001; L. 1938, ch. 60, § 1; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1905, ch. 397, § 2; R.S. 1923, 72-3002; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1905, ch. 397, § 3; R.S. 1923, 72-3003; L. 1938, ch. 60, § 2; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1905, ch. 397, § 5; R.S. 1923, 72-3004; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1905, ch. 397, § 6; L. 1907, ch. 333, § 1; L. 1917, ch. 281, § 1; R.S. 1923, 72-3005; L. 1925, ch. 235, § 1; L. 1938, ch. 60, § 3; L. 1938, ch. 61, § 1; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1917, ch. 281, § 2; L. 1919, ch. 265, § 1; L. 1920, ch. 54, § 1; R.S. 1923, 72-3006; L. 1925, ch. 235, § 2; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1911, ch. 272, § 1; L. 1917, ch. 281, § 4; L. 1919, ch. 266, § 1; R.S. 1923, 72-3007; L. 1939, ch. 255, § 1; L. 1943, ch. 254, § 1; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1917, ch. 281, § 5; R.S. 1923, 72-3008; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1921, ch. 248, § 1; R.S. 1923, 72-3009; L. 1925, ch. 236, § 1; L. 1931, ch. 260, § 1; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1921, ch. 248, § 2; R.S. 1923, 72-3010; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1921, ch. 248, § 3; R.S. 1923, 72-3011; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1931, ch. 259, §§ 1 to 3; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1939, ch. 256, §§ 1, 2; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1927, ch. 267, § 1; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1905, ch. 397, § 7; L. 1917, ch. 289, § 1; L. 1921, ch. 239, § 1; R.S. 1923, 72-3013; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1923, ch. 191, § 1; R.S. 1923, 72-3014; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1905, ch. 397, § 8; R.S. 1923, 72-3015; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1905, ch. 397, § 9; L. 1921, ch. 240, § 1; R.S. 1923, 72-3016; L. 1927, ch. 268, § 1; Repealed, L. 1945, ch. 290, § 16; April 3.
History: R.S. 1923, 72-3017; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1921, ch. 229, §§ 1, 2; R.S. 1923, 72-3018, 72-3019; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1923, ch. 196, § 1; R.S. 1923, 72-3020; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-3021; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-3022; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1911, ch. 263, § 1; R.S. 1923, 72-3101; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1911, ch. 263, §§ 2 to 4; R.S. 1923, 72-3102 to 72-3104; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1911, ch. 263, § 5; L. 1915, ch. 315, § 1; L. 1919, ch. 267, § 1; R.S. 1923, 72-3105; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1911, ch. 263, § 6; L. 1915, ch. 315, § 2; L. 1917, ch. 286, § 1; L. 1921, ch. 291, § 1; R.S. 1923, 72-3106; L. 1927, ch. 269, § 1; L. 1929, ch. 236, § 1; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1911, ch. 263, §§ 7, 8; R.S. 1923, 72-3107, 72-3108; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1911, ch. 263, § 9; R.S. 1923, 72-3109; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1911, ch. 263, § 10; R.S. 1923, 72-3110; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1911, ch. 263, § 11; R.S. 1923, 72-3111; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1911, ch. 263, § 12; R.S. 1923, 72-3112; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1931, ch. 262, §§ 1, 2; Repealed, L. 1951, ch. 395, § 74; July 1.
(a) Subject to the other provisions of this section, a school term during which public school shall be maintained in each school year by each school district organized under the laws of this state shall consist of not less than 186 school days for pupils attending kindergarten or any of the grades one through 11 and not less than 181 school days for pupils attending grade 12.
(b) Subject to a policy developed and adopted by the board of any school district, the board may provide for a school term consisting of school hours. A school term provided for in a policy adopted under this subsection shall consist of: (1) For pupils attending kindergarten, not less than 465 school hours in each school year; and (2) for pupils attending any of the grades one through 11, not less than 1,116 school hours in each school year; and (3) for pupils attending grade 12, not less than 1,086 school hours in each school year. Each board of education which develops and adopts a policy providing for a school term in accordance with this subsection shall notify the state board of education thereof on or before September 15 in each school year for which the policy is to be in effect.
(c) Subject to a plan developed and adopted by the board of any school district, the board may schedule the school days required for a school term provided for under subsection (a), or the school hours required for a school term provided for in a policy adopted under subsection (b), on a trimestral or quarterly basis. Each board of education which develops and adopts a plan providing for the scheduling of the school days or school hours of the school term on a trimestral or quarterly basis shall submit the plan to the state board of education for approval prior to implementation. The plan shall be prepared in such form and manner as the state board shall require and shall be submitted at a time or times to be determined and specified by the state board.
(d) Subject to a policy developed and adopted by the board of any district as an adjunct to the district's disciplinary policy or as a part of the district's school improvement plan, the board may schedule school days in addition to the school days scheduled for a school term provided for under subsection (a), or school hours in addition to the school hours scheduled for a school term provided for in a policy adopted under subsection (b), or both such additional school days and school hours for pupils who are in need of remedial education or who are subject to disciplinary measures imposed under the district's disciplinary policy. Any school day or school hour scheduled for a pupil under a policy adopted under this subsection may be scheduled on weekends, before or after regular school hours, and during the summer months. Inexcusable absence from school on any school day or during any school hour by any pupil for whom additional school days or school hours have been scheduled under a policy adopted under this subsection shall be counted as an inexcusable absence from school for the purposes of K.S.A. 72-3121, and amendments thereto.
(e) If the board of any school district, or its designee, shall determine that inclement weather will cause hazardous driving conditions, the board, or its designee, may close any or all of the schools within the district. The amount of time pupils have been in attendance when such determination is made shall be considered a school day of a school term or shall be considered the number of school hours for pupils to be in attendance at school in a day, whichever is applicable. Consonant with the other provisions of this section, a board may schedule any number of days or hours in excess of the regularly scheduled school days or school hours which the board determines will be necessary to compensate for those school days or school hours that schools of the district will remain closed during the school term due to hazardous driving conditions. If the number of days or hours schools remain closed due to hazardous driving conditions exceeds the number of days or hours scheduled by the board to compensate for such school days or school hours, the excess number of days or hours, not to exceed whichever is the lesser of (1) the number of compensatory days or hours scheduled by the board or (2) five days or the number of school hours regularly scheduled in five days, that schools remain closed due to such conditions shall be considered school days or school hours.
(f) The state board of education may waive the requirements of law relating to the duration of the school term upon application for such waiver by a school district. Such waiver may be granted by the state board of education upon: (1) Certification by a board that, due to the persistence of inclement weather, hazardous driving conditions have existed in the school district for an inordinate period of time; and (2) a determination by the state board that the school district cannot reasonably adjust its schedule to comply with statutory requirements. Such waiver shall not exempt a school district from providing a school offering for each pupil which is substantially equivalent to that required by law.
(g) Time reserved for parent-teacher conferences for discussions on the progress of pupils may be considered part of the school term.
(h) Time reserved for staff development or inservice training programs for the purpose of improving staff skills, developing competency in new or highly specialized fields, improving instructional techniques, or curriculum planning and study may be considered part of the school term for an aggregate amount of time equal to the amount of time in excess of the school term which is scheduled by a board of education for similar activities.
(i) Boards of education may employ noncertificated personnel to supervise pupils for noninstructional activities.
History: L. 1876, ch. 122, art. 5, § 2; R.S. 1923, 72-1106; L. 1943, ch. 248, § 38; L. 1957, ch. 384, § 1; L. 1969, ch. 314, § 1; L. 1975, ch. 366, § 1; L. 1975, ch. 367, § 1; L. 1976, ch. 309, § 1; L. 1977, ch. 243, § 1; L. 1978, ch. 288, § 1; L. 1979, ch. 221, § 8; L. 1980, ch. 217, § 1; L. 1982, ch. 293, § 1; L. 1984, ch. 261, § 6; L. 1984, ch. 262, § 2; L. 1991, ch. 220, § 1; L. 1991, ch. 219, § 1; L. 1992, ch. 280, § 40; L. 2001, ch. 215, § 11; July 1.
Exceptions to the duration of the school term provided for under authority of K.S.A. 72-3115, shall not be construed or applied in any manner so as to affect or impair the obligations of lawful contracts of employees for the school year with the board of education of any school district, and the financial provisions of all such lawful contracts shall remain the valid and binding financial obligations of the school district. If the duration of any school term is altered or modified by any exception thereto provided for in K.S.A. 72-3115, the amount of compensation specified in any such employee's contract with the board of education shall not be reduced, modified or affected thereby. No liability, civil or criminal, with respect to the misuse of public funds, shall attach to any board of education, or any member thereof, for complying with the provisions of this section.
History: L. 1978, ch. 288, § 3; L. 1980, ch. 217, § 2; July 1.
(a) The state board of education may waive the requirements of law relating to the duration of the school term in any school year upon application for such waiver by a school district. The waiver may be granted by the state board of education upon:
(1) Certification by a board of education that, due to a disaster, conditions resulting from widespread or severe property damage caused by the disaster will exist in the school district for an inordinate period of time; and
(2) a determination by the state board that the school district cannot reasonably adjust its schedule to comply with such requirements of law. The period of time school is not maintained during any school year due to conditions resulting from a disaster, upon granting of the waiver by the state board of education, shall be considered a part of the school term.
(b) As used in this section, the term "disaster" means the occurrence of widespread or severe damage, injury or loss of life or property resulting from any natural or manmade cause, including, but not limited to, fire, flood, earthquake, tornado, wind, storm, an epidemic, air contamination, blight, drought, infestation or explosion.
History: L. 2001, ch. 149, § 1; L. 2020, ch. 3, § 1; L. 2021, ch. 114, § 9; July 1.
(a) Subject to the provisions of subsection (b), any child is eligible to attend the elementary grades in the school district in which the child resides or in a school district which has entered into an agreement in accordance with and under authority of K.S.A. 72-13,101, and amendments thereto, with the school district in which the child resides if (1) for the 1994-95 school year, the child will attain the age of six years on or before September 1 of the school year and (2) for the 1995-96 school year, the child will attain the age of six years on or before September 1 of the school year and (3) for any school year commencing after the 1995-96 school year, the child will attain the age of six years on or before August 31 of the school year;
(b) any child who has completed a kindergarten course entered and attended in this state in accordance with the provisions of subsection (d) or who was a resident in another state and who, while residing in such other state, had entered and was in attendance in first grade in such state or who had completed in such state a kindergarten course maintained by a public school district or by an accredited private, denominational or parochial school shall be eligible to attend first grade in this state, regardless of age;
(c) subject to the provisions of subsection (d), any child is eligible to attend kindergarten in the school district in which the child resides or in a school district which has entered into an agreement in accordance with and under authority of K.S.A. 72-13,101, and amendments thereto, with the school district in which the child resides if (1) for the 1994-95 school year, the child will attain the age of five years on or before September 1 of the school year and (2) for any school year commencing after the 1994-95 school year, the child will attain the age of five years on or before August 31 of the school year;
(d) any child who was a resident in another state and who, while residing in such other state, had entered and was in attendance in kindergarten in such state shall be eligible to attend kindergarten in this state, regardless of age.
History: L. 1919, ch. 258, § 1; R.S. 1923, 72-1107; L. 1943, ch. 248, § 39; L. 1965, ch. 405, § 1; L. 1981, ch. 278, § 1; L. 1982, ch. 294, § 1; L. 1984, ch. 261, § 7; L. 1991, ch. 220, § 2; L. 1994, ch. 37, § 1; L. 1994, ch. 318, § 1; July 1.
The board of education of each school district may cause an annual census to be taken of all children under the age of twenty-one years residing in the district as of the first day of January. Such census may show separately the number of children under the age of five years, the number between the ages of five and twenty-one, and the date of birth of all such children and such other information relating to such children as may be provided for by law or under rules and regulations adopted by the state board of education. Such information may be ascertained by means of personal interviews with the families of children living in the district. Boards of education may use any other reasonable method of ascertaining such information.
History: L. 1951, ch. 395, § 73; L. 1957, ch. 394, § 1; L. 1961, ch. 337, § 1; L. 1965, ch. 410, § 13; L. 1969, ch. 310, § 10; July 1.
(a) Subject to the other provisions of this section, every parent or person acting as parent in the state of Kansas, who has control over or charge of any child who has reached the age of seven years and is under the age of 18 years and has not attained a high school diploma, a general educational development credential or a high school equivalency credential, shall require such child to be regularly enrolled in and attend continuously each school year:
(1) A public school for the duration of the school term provided for in K.S.A. 72-3115, and amendments thereto;
(2) a private, denominational or parochial school taught by a competent instructor for a period of time which is substantially equivalent to the period of time public school is maintained in the school district in which the private, denominational or parochial school is located; or
(3) a combination of a public school and a private, denominational or parochial school for the periods of time referred to in paragraphs (1) and (2).
(b) If the child is 16 or 17 years of age, the child shall be exempt from the compulsory attendance requirements of this section if:
(1) The child is regularly enrolled in and attending a program recognized by the local board of education as an approved alternative educational program;
(2) the parent or person acting as parent provides written consent to allow the child to be exempt from the compulsory attendance requirements of this section and the child and the parent or person acting as parent attend a final counseling session conducted by the school during which a disclaimer to encourage the child to remain in school or to pursue educational alternatives is presented to and signed by the child and the parent or person acting as parent. The disclaimer shall include information regarding the academic skills that the child has not yet achieved, the difference in future earning power between a high school graduate and a high school drop out and a listing of educational alternatives that are available for the child;
(3) the child is regularly enrolled in a school as required by subsection (a) and is concurrently enrolled in a postsecondary educational institution, as defined by K.S.A. 74-3201b, and amendments thereto; or
(4) the child is subject to a court order that allows or requires the child to be exempt from the compulsory attendance requirements.
(c) Any child who is under the age of seven years, but who is enrolled in school, shall be subject to the compulsory attendance requirements of this section. Any such child may be withdrawn from enrollment in school at any time by a parent or person acting as parent of the child and thereupon the child shall be exempt from the compulsory attendance requirements of this section until the child reaches the age of seven years or is re-enrolled in school.
(d) Any child who is determined to be an exceptional child, except for an exceptional child who is determined to be a gifted child, under the provisions of the special education for exceptional children act shall be subject to the compulsory attendance requirements of such act and exempt from the compulsory attendance requirements of this section.
(e) Any child who has been admitted to, and is attending, the Kansas academy of mathematics and science, as provided in K.S.A. 72-3903 et seq., and amendments thereto, shall be exempt from the compulsory attendance requirements of this section.
(f) No child attending public school in this state shall be required to participate in any activity which is contrary to the religious teachings of the child if a written statement signed by one of the parents or a person acting as parent of the child is filed with the proper authorities of the school attended requesting that the child not be required to participate in such activities and stating the reason for the request.
(g) When a recognized church or religious denomination that objects to a regular public high school education provides, offers and teaches, either individually or in cooperation with another recognized church or religious denomination, a regularly supervised program of instruction that is approved by the state board of education, for children of compulsory school attendance age who have successfully completed the eighth grade, participation in such a program of instruction by any such children whose parents or persons acting as parents are members of the sponsoring church or religious denomination shall be regarded as acceptable school attendance within the meaning of this act. Approval of such programs shall be granted by the state board of education, for two-year periods, upon application from recognized churches and religious denominations, under the following conditions:
(1) Each participating child shall be engaged, during each day on which attendance is legally required in the public schools in the school district in which the child resides, in at least five hours of learning activities appropriate to the adult occupation that the child is likely to assume in later years;
(2) acceptable learning activities, for the purposes of this subsection, shall include projects supervised by a parent or person acting as parent in agriculture and homemaking, work-study programs in cooperation with local business and industry and correspondence courses from schools accredited by the national home study council, recognized by the United States office of education as the competent accrediting agency for private home study schools;
(3) at least 15 hours per week of classroom work under the supervision of an instructor shall be provided, at which time students shall be required to file written reports of the learning activities they have pursued since the time of the last class meeting, indicating the length of time spent on each one, and the instructor shall examine and evaluate such reports, approve plans for further learning activities and provide necessary assignments and instruction;
(4) regular attendance reports shall be filed as required by law and students shall be reported as absent for each school day on which they have not completed the prescribed minimum of five hours of learning activities;
(5) the instructor shall keep complete records concerning instruction provided, assignments made and work pursued by the students, and these records shall be filed on the first day of each month with the state board of education and the board of education of the school district in which the child resides;
(6) the instructor shall be capable of performing competently the functions entrusted thereto; and
(7) in applying for approval under this subsection a recognized church or religious denomination shall certify its objection to a regular public high school education and shall specify, in such detail as the state board of education may reasonably require, the program of instruction that it intends to provide and no such program shall be approved unless it fully complies with standards specified by the state board of education.
If the sponsors of an instructional program approved under this subsection fail to comply at any time with the provisions of this subsection, the state board of education shall rescind, after a written warning has been served and a period of three weeks allowed for compliance, approval of the programs, even though the two-year approval period has not elapsed, and thereupon children attending such program shall be admitted to a high school of the school district.
(h) (1) Each board of education of a school district shall allow any child to enroll part-time in the school district to allow the student to attend any courses, programs or services offered by the school district if the child:
(A) Is also enrolled in a nonaccredited private elementary or secondary school pursuant to K.S.A. 72-4345, and amendments thereto, or in any other private, denominational or parochial school pursuant to the provisions of subsection (a);
(B) requests to enroll part-time in the school district; and
(C) meets the age of eligibility requirements for school attendance pursuant to K.S.A. 72-3118, and amendments thereto.
(2) Each board of education of a school district shall adopt a policy regarding the part-time enrollment of students pursuant to this subsection and shall publish such policy on the school district's website. The board of education of a school district shall make a good faith attempt to accommodate scheduling requests of students enrolling in the school district pursuant to this subsection but shall not be required to make adjustments to accommodate every such request.
(i) As used in this section:
(1) "Educational alternatives" means an alternative learning plan for the student that identifies educational programs that are located in the area where the student resides and are designed to aid the student in obtaining a high school diploma, general educational development credential or other certification of completion, such as a career technical education industry certification. Such alternative learning plans may include extended learning opportunities such as independent study, private instruction, performing groups, internships, community service, apprenticeships and online coursework.
(2) "Parent" and "person acting as parent" mean the same as such terms are defined in K.S.A. 72-3122*, and amendments thereto.
(3) "Regularly enrolled" means enrolled in five or more hours of instruction each school day. For the purposes of subsection (b)(3), hours of instruction received at a postsecondary educational institution shall be counted.
History: L. 1874, ch. 123, § 1; L. 1903, ch. 423, § 1; L. 1919, ch. 272, § 1; L. 1923, ch. 182, § 1; R.S. 1923, 72-4801; L. 1965, ch. 409, § 1; L. 1968, ch. 356, § 1; L. 1969, ch. 316, § 1; L. 1976, ch. 310, § 1; L. 1980, ch. 217, § 3; L. 1984, ch. 263, § 1; L. 1996, ch. 229, § 121; L. 1997, ch. 157, § 1; Revived and amended, L. 2004, ch. 185, § 1; L. 2008, ch. 118, § 1; L. 2012, ch. 76, § 1; L. 2022, ch. 94, § 14; July 1.
(a) Each board of education shall designate one or more employees who shall report to the secretary for children and families, or a designee thereof, or to the appropriate county or district attorney pursuant to an agreement as provided in this section, all cases of children who are less than 13 years of age and are not attending school as required by law, and to the appropriate county or district attorney, or a designee thereof, all cases of children who are 13 or more years of age but less than 18 years of age and are not attending school as required by law. The designation shall be made no later than September 1 of each school year and shall be certified no later than 10 days thereafter by the board of education to the secretary for children and families, or the designee thereof, to the county or district attorney, or the designee thereof, and to the commissioner of education. The commissioner of education shall compile and maintain a list of the designated employees of each board of education. The local area office of the Kansas department for children and families may enter into an agreement with the appropriate county or district attorney to provide that the designated employees of such board of education shall make the report as provided in this section for all cases of children who are less than 13 years of age and are not attending school as provided by law to the county or district attorney in lieu of the secretary, or the secretary's designee. If such agreement is made, the county or district attorney shall carry out all duties as otherwise provided by this subsection conferred on the secretary or the secretary's designee. A copy of such agreement shall be provided to the director of such area office of the Kansas department for children and families and to the school districts affected by the agreement.
(b) Whenever a child is required by law to attend school, and the child is not enrolled in a public or nonpublic school, the child shall be considered to be not attending school as required by law and a report thereof shall be made in accordance with the provisions of subsection (a) by a designated employee of the board of education of the school district in which the child resides. The provisions of this subsection are subject to the provisions of subsection (d).
(c) (1) Whenever a child is required by law to attend school and is enrolled in school, and the child is inexcusably absent therefrom on either three consecutive school days or five school days in any semester or seven school days in any school year, whichever of the foregoing occurs first, the child shall be considered to be not attending school as required by law. A child is inexcusably absent from school if the child is absent therefrom all or a significant part of a school day without a valid excuse acceptable to the school employee designated by the board of education to have responsibility for the school attendance of such child.
(2) Each board of education shall adopt rules for determination of valid excuse for absence from school and for determination of what shall constitute a "significant part of a school day" for the purpose of this section.
(3) Each board of education shall designate one or more employees, who shall each be responsible for determining the acceptability and validity of offered excuses for absence from school of specified children, so that a designee is responsible for making such determination for each child enrolled in school.
(4) Whenever a determination is made in accordance with the provisions of this subsection that a child is not attending school as required by law, the designated employee who is responsible for such determination shall make a report thereof in accordance with the provisions of subsection (a), provided that the report would not violate the terms of the memorandum of understanding approved by the superintendent of the school district pursuant to K.S.A. 72-6143(i), and amendments thereto.
(5) The provisions of this subsection are subject to the provisions of subsection (d).
(d) (1) Prior to making any report under this section that a child is not attending school as required by law, the designated employee of the board of education shall serve written notice thereof, by personal delivery or by first class mail, upon a parent or person acting as parent of the child. The notice shall inform the parent or person acting as parent that continued failure of the child to attend school without a valid excuse will result in a report being made to the secretary for children and families or to the county or district attorney. Upon failure, on the school day next succeeding personal delivery of the notice or within three school days after the notice was mailed, of attendance at school by the child or of an acceptable response, as determined by the designated employee, to the notice by a parent or person acting as parent of the child, the designated employee shall make a report thereof in accordance with the provisions of subsection (a). The designated employee shall submit with the report a certificate verifying the manner in which notice was provided to the parent or person acting as parent.
(2) Whenever a law enforcement officer assumes temporary custody of a child who is found away from home or school without a valid excuse during the hours school is actually in session, and the law enforcement officer delivers the child to the school in which the child is enrolled or to a location designated by the school in which the child is enrolled to address truancy issues, the designated employee of the board of education shall serve notice thereof upon a parent or person acting as parent of the child. The notice may be oral or written and shall inform the parent or person acting as parent of the child that the child was absent from school without a valid excuse and was delivered to school by a law enforcement officer.
(e) Whenever the secretary for children and families receives a report required under this section, the secretary shall investigate the matter. If, during the investigation, the secretary determines that the reported child is not attending school as required by law, the secretary shall institute proceedings under the revised Kansas code for care of children. If, during the investigation, the secretary determines that a criminal prosecution should be considered, the secretary shall make a report of the case to the appropriate law enforcement agency.
(f) Whenever a county or district attorney receives a report required under this section, the county or district attorney shall investigate the matter. If, during the investigation, the county or district attorney determines that the reported child is not attending school as required by law, the county or district attorney shall prepare and file a petition alleging that the child is a child in need of care. If, during the investigation, the county or district attorney determines that a criminal prosecution is necessary, the county or district attorney shall commence such action.
(g) As used in this section, "board of education" means the board of education of a school district or the governing authority of a nonpublic school. The provisions of this act shall apply to both public and nonpublic schools.
History: L. 1969, ch. 316, § 2; L. 1972, ch. 254, § 1; L. 1973, ch. 279, § 1; L. 1976, ch. 145, § 231; L. 1982, ch. 182, § 141; L. 1986, ch. 158, § 3; L. 1989, ch. 215, § 1; L. 1991, ch. 221, § 1; L. 1995, ch. 29, § 3; L. 1996, ch. 229, § 122; L. 1997, ch. 157, § 2; L. 2000, ch. 150, § 32; L. 2006, ch. 200, § 113; L. 2014, ch. 115, § 286; L. 2016, ch. 46, § 56; July 1, 2017.
(a) Any child who has attained the age of eligibility for school attendance may attend school in the district where the child lives, if:
(1) The child lives with a resident of the district and the resident is the parent, or a person acting as parent, of the child;
(2) subject to the provisions of subsection (c), the child lives in the district as a result of placement therein by a district court or by the secretary for children and families; or
(3) the child is a homeless child.
(b) Any child who has attained the age of eligibility for school attendance may attend school in a school district where the child is not a resident in accordance with K.S.A. 72-13,101, 72-3123 or 72-3125, and amendments thereto.
History: L. 1943, ch. 248, § 36; L. 1976, ch. 308, § 1; L. 1977, ch. 242, § 1; L. 1981, ch. 277, § 1; L. 1984, ch. 261, § 3; L. 1989, ch. 214, § 1; L. 1992, ch. 199, § 3; L. 2014, ch. 115, § 285; L. 2022, ch. 94, § 15; July 1, 2023.
(a) Beginning in school year 2024-2025, the board of education of any school district shall permit nonresident students to enroll in and attend the schools of the district if such school district has open seats as determined pursuant to this section.
(b) Each school district shall determine capacity in each school of the school district for the following school year as follows:
(1) For kindergarten and grades one through eight, the classroom student-teacher ratio in each grade level; and
(2) for grades nine through 12, the student-teacher ratio for each school building or program in each school building, including, but not limited to, advanced placement or international baccalaureate programs.
(c) (1) On or before May 1 of each year, each school board shall determine for each grade level in each school building of the school district for the next succeeding school year the:
(A) Capacity as determined pursuant to subsection (b);
(B) number of students expected to attend school in the school district; and
(C) number of open seats available to nonresident students.
(2) On or before June 1 of each year, each school district shall publish on such school district's website the number of open seats available to nonresident students in each grade level for each school building of the school district for the next succeeding school year.
(3) From January 1 through June 15, each school district shall accept applications from nonresident students who are seeking to enroll in and attend the school district in the next succeeding school year. Applications shall be on a form and in a manner determined by the school district.
(4) If the number of applications for a grade level in a school building is less than the number of available seats for such grade level in such school building, the nonresident students shall be accepted for enrollment and attendance at such school district. If the number of applications for a grade level in a school building is greater than the number of available seats for such grade level in such school building, the school district shall randomly select nonresident students using a confidential lottery process. Such process shall be completed on or before July 15 of each year.
(5) The school district shall provide to the parent or person acting as parent of a nonresident student who was not accepted for or denied enrollment at such school district the reason for the nonacceptance or denial and an explanation of the nonresident student selection process on or before July 30 of each year.
(6) If a school district denies an application of a nonresident student due to the school district deeming the nonresident student as not in good standing, the parent or person acting as parent of such student may appeal such denial to the school district board of education.
(d) (1) Subject to capacity, school districts shall give priority to any sibling of a nonresident student who is enrolled in and attending such school district or who is accepted to enroll in and attend such school district. Priority shall be given when the nonresident student is first accepted and, if necessary, at any other time the school district considers transfer applications. Any such sibling shall not be subject to the open seat lottery.
(2) Subject to capacity, school districts shall give priority to any nonresident student who is a military student as defined in K.S.A. 72-5139, and amendments thereto. Priority shall be given when the military student is first accepted and, if necessary, at any other time the school district considers transfer applications. Any such military student shall not be subject to the open seat lottery.
(3) Any child who is in the custody of the department for children and families and who is living in the home of a nonresident student who transfers may attend school in the receiving school district.
(4) Any nonresident student who has a parent or person acting as parent employed by a school district shall be permitted to enroll in and attend such school district as if the student is a resident of the school district. Any such student shall not be subject to the open-seat lottery established pursuant to subsection (c) when enrolling in and attending the school district where the parent or person acting as parent is employed.
(5) Any child who is experiencing homelessness shall be permitted to enroll in and attend the school district of origin or the school district of residence.
(e) A school district shall not:
(1) Charge tuition or fees to any nonresident student who transfers to such school district pursuant to this section except fees that are otherwise charged to every student enrolled in and attending school in the district; or
(2) accept or deny a nonresident student transfer based on ethnicity, national origin, gender, income level, disabling condition, proficiency in the English language, measure of achievement, aptitude or athletic ability.
(f) (1) A nonresident student accepted for enrollment and attendance at a receiving school district on or after June 1, 2024, shall be permitted to continue such enrollment and attendance in such school district until such student graduates from high school, unless such student is deemed as no longer in good standing pursuant to subsection (g).
(2) A nonresident student who was enrolled in and attended a school district of nonresidence during school year 2023-2024 shall be permitted to continue such enrollment and attendance in such school district until such student graduates from high school, unless such student is deemed as no longer in good standing pursuant to subsection (g).
(3) A nonresident student who was enrolled in and attended a school district of residence during school year 2023-2024 shall be permitted to continue such enrollment and attendance in such school district until such student graduates from high school, unless such student is deemed as no longer in good standing pursuant to subsection (g).
(g) A receiving school district may deem any nonresident student as not in good standing in accordance with such school district's nonresident transfer policy, including any nonresident student who has not previously attended or been enrolled in the receiving school district. If a school district deems a nonresident student as not in good standing, such school district may deny such student's enrollment or continued enrollment in the school district. Prior to making any determination to deem a nonresident student as not in good standing, a district shall consider a student's status as a homeless child and the resulting factors of homelessness on such student's standing.
(h) A student may always enroll at any time in the school district where such student resides.
(i) Except for a child in the custody of the department for children and families or a child who is experiencing homelessness, a nonresident student shall not transfer more than once per school year to one or more receiving school districts pursuant to the provisions of this section.
(j) Neither a resident school district nor a receiving school district shall be required to provide transportation to nonresident students unless otherwise required by applicable law. If space is available on school district transportation vehicles, a school district may provide nonresident students an in-district bus stop where transportation may be provided by such school district to and from such bus stop and the school for such nonresident students. A school district shall ensure that transportation for nonresident homeless students is provided comparably to that of housed students.
(k) Each school district board of education shall submit annually to the state department of education the school district's policy adopted pursuant to K.S.A. 2025 Supp. 72-3126, and amendments thereto, the number of nonresident student transfers approved and denied by such board in each grade level and whether the denials were based on capacity or in accordance with the policy adopted pursuant to K.S.A. 2025 Supp. 72-3126, and amendments thereto. The state department of education shall collect and report such data on such department's website and make such data available to the legislative division of post audit.
(l) (1) Each year, the state department of education, as part of the department's enrollment audit, shall audit the nonresident student capacity and enrollment.
(2) In calendar year 2027, subject to a request made by the house standing committee on K-12 education budget or the senate standing committee on education, or any successor committees, the legislative post audit committee shall direct the legislative division of post audit to conduct an audit of nonresident student transfers pursuant to this section. If requested, such audit shall be reported to the legislative post audit committee on or before January 15, 2028, and subsequently presented to the house standing committee on K-12 education budget and the senate standing committee on education, or any successor committees.
(m) Nothing in this section shall be construed to exempt any nonresident student who transfers to a receiving school district pursuant to this section from the policies and requirements of the activities association referred to in K.S.A. 72-7114, and amendments thereto.
(n) The provisions of this section shall not apply to any:
(1) School located on a military installation as defined in K.S.A. 72-8268, and amendments thereto; or
(2) virtual school as defined in K.S.A. 72-3712, and amendments thereto.
History: L. 1978, ch. 284, § 1; L. 1984, ch. 261, § 4; L. 1993, ch. 264, § 1; L. 2023, ch. 98, § 9; L. 2024, ch. 111, § 9; May 30.
(a) The board of education of any school district shall allow any nonresident student to enroll in and attend school in such district pursuant to K.S.A. 72-3123, and amendments thereto. The board of education of such district may furnish or provide transportation to any nonresident student who is enrolled in and attending school in the district. If the district agrees to furnish or provide transportation to a nonresident student, such transportation shall be furnished or provided until the end of the school year. Prior to providing or furnishing transportation to a nonresident student, the receiving school district shall notify the board of education of the sending school district that transportation will be furnished or provided for such student.
(b) Nonresident students shall be counted as regularly enrolled in and attending school in the receiving school district for the purpose of computations under the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto, except computation of transportation weighting under such act, and for the purposes of the statutory provisions contained in article 64 of chapter 72 of the Kansas Statutes Annotated, and amendments thereto. Such nonresident student shall not be charged for the costs of attendance at school.
History: L. 1997, ch. 183, § 2; L. 1999, ch. 20, § 1; L. 2000, ch. 155, § 1; L. 2001, ch. 22, § 1; L. 2008, ch. 172, § 1; L. 2010, ch. 149, § 1; L. 2012, ch. 155, § 2; L. 2015, ch. 4, § 29; L. 2015, ch. 92, § 5; L. 2017, ch. 95, § 61; L. 2022, ch. 94, § 17; L. 2024, ch. 111, § 10; May 30.
(a) The board of education of any school district may make and enter into contracts with the board of education of any receiving school district located in this state for the purpose of providing for the attendance of students at school in the receiving school district.
(b) The board of education of any school district may make and enter into contracts with the governing authority of any accredited school district located in another state for the purpose of providing for the attendance of students from this state at school in such other state or for the attendance of students from such other state at school in this state.
(c) Students attending school in a receiving school district in accordance with a contract authorized by this section and made and entered into by such receiving school district with a sending school district located in this state shall be counted as regularly enrolled in and attending school in the sending school district for the purpose of computations under the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto.
(d) Any contract made and entered into under authority of this section is subject to the following conditions:
(1) The contract shall be for the benefit of students who reside at inconvenient or unreasonable distances from the schools maintained by the sending school district or for students who, for any other reason deemed sufficient by the board of education of the sending school district, should attend school in a receiving school district;
(2) the contract shall make provision for the payment of tuition by the sending school district to the receiving school district;
(3) if a sending school district is located in this state and the receiving school district is located in another state, the amount of tuition provided to be paid for the attendance of a student or students at school in the receiving school district shall not exceed
1/2 of the amount of the budget per student of the sending school district under the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto, for the current school year; and
(4) the contract shall make provision for transportation of students to and from the school attended on every school day.
(e) Amounts received pursuant to contracts made and entered into under authority of this section by a school district located in this state for enrollment and attendance of students at school in regular educational programs shall be deposited in the general fund of the school district.
(f) The provisions of subsection (d)(3) do not apply to unified school district No. 107, Rock Hills.
(g) The provisions of this section do not apply to contracts made and entered into under authority of the special education for exceptional children act.
(h) The provisions of this section are deemed to be alternative to the provisions of K.S.A. 72-13,101, and amendments thereto, and no procedure or authorization under K.S.A. 72-13,101, and amendments thereto, shall be limited by the provisions of this section.
History: L. 1963, ch. 393, § 24; L. 1984, ch. 261, § 9; L. 1988, ch. 281, § 1; L. 1992, ch. 280, § 44; L. 1993, ch. 264, § 4; L. 2015, ch. 4, § 46; L. 2017, ch. 95, § 74; L. 2022, ch. 94, § 18; July 1, 2023.
(a) (1) On or before January 1, 2024, each board of education of a school district shall adopt a policy to determine the number of nonresident students that the school district has the capacity to accept in each grade level for each school of the school district pursuant to K.S.A. 72-3123, and amendments thereto. Such policies shall clearly specify the reasons that the board may use to deny continued enrollment of a nonresident student who is not in good standing. Such reasons for a denial of continued enrollment may include, but shall not be limited to, the nonresident student's record of school absenteeism and repeated suspensions or expulsions.
(2) A school district's policy adopted pursuant to this section shall consider the adverse impact of homelessness on a student's attendance and any resulting suspensions or expulsions before making a determination on the continued enrollment of a student who is homeless. A district shall consider the obstacles a homeless student faces to arrive at school on time or each day due to housing instability, lack of transportation or lack of other basic resources that can hinder consistent attendance.
(b) Prior to adopting such policy, the board of education shall call and hold a hearing on the proposed policy. The board of education shall provide notice of such hearing, which shall include the time, date and place of the public hearing to be held on the proposed policy. Such notice shall be published at least once each week for two consecutive weeks in a newspaper of general circulation in the school district and shall also be posted on the school district's website.
(c) At such hearing, a representative of the board shall present the board's proposal for the policy and the board shall hear testimony regarding the proposed policy. Following the public hearing, after consideration of the testimony and evidence presented or submitted at such public hearing, the board shall determine whether to adopt or revise the proposed policy at a subsequent public meeting of the board.
(d) The school district shall publish the policy adopted pursuant to subsection (a) and any subsequent revisions to such policy on the school district's website through a link on the school district's website homepage titled "open enrollment information."
(e) The provisions of this section shall not apply to any school located on a military installation as defined in K.S.A. 72-8268, and amendments thereto.
History: L. 2022, ch. 94, § 9; L. 2023, ch. 98, § 10; L. 2024, ch. 111, § 11; May 30.
As used in K.S.A. 72-3122 through 72-3125, and amendments thereto, and K.S.A. 2025 Supp. 72-3126 and 72-3128, and amendments thereto:
(a) "Homeless child" means a child who lacks a fixed, regular and adequate nighttime residence and whose primary nighttime residence is:
(1) A supervised publicly or privately operated shelter designed to provide temporary living accommodations, including welfare hotels, congregate shelters and transitional housing for the mentally ill;
(2) an institution that provides a temporary residence for individuals intended to be institutionalized; or
(3) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for humans.
(b) "Nonresident student" means a child of school age pursuant to K.S.A. 72-3118, and amendments thereto, who resides in Kansas and is enrolled and in attendance at or seeking to enroll and attend a school located in a school district where such student is not a resident.
(c) "Parent" means and includes natural parents, adoptive parents, stepparents and foster parents.
(d) "Person acting as parent" means:
(1) A guardian or conservator; or
(2) a person, other than a parent, who:
(A) Is liable by law to maintain, care for or support the child;
(B) has actual care and control of the child and is contributing the major portion of the cost of support of the child;
(C) has actual care and control of the child with the written consent of a person who has legal custody of the child; or
(D) has been granted custody of the child by a court of competent jurisdiction.
(e) "Receiving school district" means a school district of nonresidence of a student who attends school in such school district.
(f) "School district" means a school district organized and operating under the laws of this state.
(g) "Sending school district" means a school district of residence of a student who attends school in a school district not of the student's residence.
(h) "Sibling" means a brother or sister of the whole or half blood, adoptive brother or sister, a stepbrother or stepsister or a foster brother or foster sister.
History: L. 2022, ch. 94, § 8; L. 2024, ch. 111, § 12; May 30.
(a) Except as otherwise provided in subsection (b), in each school year, if a school district has open seats remaining after completion of the nonresident student transfer application process established pursuant to K.S.A. 72-3123, and amendments thereto, the board of education of the school district may consider applications for enrollment submitted by students who are residents of another state. The board of education of the school district shall give priority to nonresident students who reside in Kansas over those students who reside in another state prior to considering applications submitted by students who are residents of another state.
(b) If a student who is a resident of another state has a parent or person acting as parent employed by a school district in this state, the board of education of such school district may permit such student to enroll in and attend the school district as if the student is a resident of the school district.
History: L. 2024, ch. 111, § 7; May 30.
(a) A school district shall enroll any military student in kindergarten or any of the grades one through 12 prior to such student physically residing in this state if such student provides evidence that such student's parent or person acting as parent will be stationed at a military installation in this state during the current or immediately succeeding school year. No proof of address shall be required at the time of such enrollment. Residency within the district may be required for attendance if the school district does not have open seats at the time of enrollment as determined by K.S.A. 72-3123, and amendments thereto.
(b) If a school district offers a pre-kindergarten program, such school district shall enroll any military student in such pre-kindergarten program if such student is eligible to participate in such program and such student provides evidence that such student's parent or person acting as parent will be stationed at a military installation in this state during the current or immediately succeeding school year. If the school district has no open seats for such program, then such student shall be placed on a waiting list for enrollment. Proof of address shall not be required at the time of enrollment, but such proof may be required for attendance. Nothing in this subsection shall be construed to require a school district to offer a pre-kindergarten program that such school district is not required to offer or does not currently offer.
(c) If such student has an individualized education program (IEP) or a 504 plan, the school district shall take appropriate measures to ensure such student will receive the required education and related services upon attending school in the district.
(d) As used in this section, "military student" means the same as defined in K.S.A. 72-5139, and amendments thereto.
History: L. 2025, ch. 16, § 1; July 1.
(a) The board of education of each school district in this state may establish a school attendance review board or may enter into a cooperative or interlocal cooperation agreement with one or more other boards of education for the joint establishment of a school attendance review board. Each school attendance review board shall include, but need not be limited to, one or more persons representing each of the following: (1) Parents of pupils of the district or districts; (2) the Kansas department for children and families; (3) the superintendent of schools of each participating school district; (4) teachers of the school district or districts; (5) school guidance personnel; (6) law enforcement agencies having jurisdiction in the district or districts; and (7) community-based agencies providing services to youth.
(b) The superintendent of schools of the school district that has established a school attendance review board as provided in subsection (a), at the beginning of each school year, shall convene a meeting of the school attendance review board for the purpose of adopting plans to promote interagency and community cooperation and to reduce the duplication of services provided to youth who have serious school attendance problems. If more than one board of education is participating in a school attendance review board, the superintendent of schools of the school district having the most pupils shall convene the meeting provided for by this subsection.
(c) The school attendance review board may elect from among its members a chairperson having responsibility for coordinating the services of the board and may elect such other officers as determined by the board.
(d) The school attendance review board may adopt rules and regulations as necessary to govern its procedure and to enable the board to carry out the provisions of this act.
History: L. 1996, ch. 229, § 151; L. 2014, ch. 115, § 294; July 1.
(a) When a pupil has been referred to a school attendance review board under K.S.A. 72-3135, the board, for the purpose of making a proper disposition of the referral, may request the district court having jurisdiction to issue subpoenas requiring the attendance of the following:
(1) The pupil;
(2) the pupil's parents, guardians or other person having control of the pupil;
(3) the school authority referring the pupil; and
(4) any other person the school attendance review board may require as a witness in the matter.
(b) The district court may issue subpoenas requiring the attendance of witnesses or the production of pertinent written materials, subject to K.S.A. 60-245 and amendments thereto.
(c) The district court shall not have jurisdiction to order detention in any secure facility or other confinement for failure to comply with a subpoena issued pursuant to this section.
History: L. 1996, ch. 229, § 152; July 1.
Any school attendance review board established pursuant to K.S.A. 72-3131 shall maintain a continuing inventory of community resources, including alternative educational programs, and make recommendations for the improvement of such resources and programs or for the creation of new resources and programs where none exist.
History: L. 1996, ch. 229, § 153; July 1.
Each entity represented on a school attendance review board may assign personnel to represent the entity on a continuing basis in accordance with the intent of this act. The duties, obligations or responsibilities which may be imposed on entities by this act are such that the related costs are incurred as a part of the entities' normal operating procedures. The minor costs of such services may be borne by each entity and each or all of the participants may apply for and utilize state or federal funds as may be available.
History: L. 1996, ch. 229, § 154; July 1.
(a) If a pupil is required by law to attend school and is irregular in attendance at school, the pupil may be referred to the school attendance review board. Each board of education shall designate one or more employees to make such referrals. Upon making a referral, the employee shall notify the pupil and the pupil's parents or guardians, in writing, of the name and address of the school attendance review board and of the reason for the referral. The notice shall indicate that the pupil and parents or guardians of the pupil will be required, along with the referring person, to meet with the school attendance review board to consider a proper disposition of the referral.
(b) If the school attendance review board determines that available community services can resolve the problem of the referred pupil, the board shall direct the pupil or the pupil's parents or guardians, or both, to make use of those community services. The school attendance review board may require, at such time as it determines proper, the pupil or parents or guardians of the pupil, or both, to furnish satisfactory evidence of participation in the available community services.
(c) If the school attendance review board determines that available community services cannot resolve the problem of the referred pupil or if the pupil or the pupil's parents or guardians, or both, have failed to respond to directives of the school attendance review board or to services provided, the school attendance review board may notify the secretary for children and families or the appropriate county or district attorney. If the case is referred to the district court, the school attendance review board shall submit to the district court documentation of efforts to secure attendance as well as the board's recommendations on what action the district court shall take in order to bring about proper disposition of the case.
History: L. 1996, ch. 229, § 155; L. 2014, ch. 115, § 295; July 1.
Notwithstanding any other provision of law to the contrary, on and after March 31, 2021, for school year 2020-2021, every school district in this state shall provide a full-time, in person attendance option for every student enrolled in kindergarten or grades one through 12 in such school district.
History: L. 2021, ch. 19, § 1; April 15.
History: L. 1919, ch. 276, § 1; R.S. 1923, 72-3201; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1919, ch. 276, § 2; R.S. 1923, 72-3202; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1919, ch. 276, § 3; L. 1921, ch. 249, § 1; R.S. 1923, 72-3203; L. 1941, ch. 325, § 1; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1919, ch. 276, § 4; R.S. 1923, 72-3204; L. 1941, ch. 325, § 2; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1919, ch. 276, §§ 5 to 8; R.S. 1923, 72-3205 to 72-3208; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1919, ch. 276, § 9; L. 1923, ch. 190, § 1; R.S. 1923, 72-3209; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1919, ch. 276, §§ 10, 11; R.S. 1923, 72-3210, 72-3211; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1938, ch. 62, § 1; L. 1941, ch. 326, § 1; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1943, ch. 255, § 2; Repealed, L. 1945, ch. 290, § 16; April 3.
Every accredited elementary school shall teach reading, writing, arithmetic, geography, spelling, English grammar and composition, history of the United States and of the state of Kansas, civil government and the duties of citizenship, health and hygiene, together with such other subjects as the state board may determine. The state board shall be responsible for the selection of subject matter within the several fields of instruction and for its organization into courses of study and instruction for the guidance of teachers, principals and superintendents.
History: R.S. 1923, 72-1101; L. 1943, ch. 248, § 37; L. 1945, ch. 282, § 57; L. 1968, ch. 20, § 1; L. 1972, ch. 253, § 1; L. 1979, ch. 220, § 11; July 1.
(a) The board of education of any school district may:
(1) Offer and teach courses and conduct preschool programs for children under the age 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 preschool programs. Revenues from fees collected by a board under this section shall be deposited in the general fund of the school district and shall be considered reimbursements to the district for the purpose of the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto, and may be expended whether the same have been budgeted or not and amounts so expended shall not be considered operating expenses.
History: L. 1965, ch. 410, § 41; L. 1980, ch. 222, § 1; L. 2003, ch. 104, § 8; L. 2015, ch. 4, § 47; L. 2017, ch. 95, § 75; July 1.
(a) (1) Subject to paragraph (2), every unified school district shall maintain, offer and teach kindergarten and grades one through 12 and shall offer and teach at least 30 units of instruction for students enrolled in grades nine through 12 in each high school operated by the board of education. The units of instruction, to qualify for the purpose of this section, shall have the prior approval of the state board of education.
(2) Any unified school district which has discontinued kindergarten, any grade or unit of instruction under authority of K.S.A. 72-13,101, and amendments thereto, and has entered into an agreement with another unified school district for the provision of kindergarten or any such grade or unit of instruction has complied with the kindergarten, grade and unit of instruction requirements of this section.
(b) The board of education shall adopt all necessary rules and regulations for the government and conduct of its schools, consistent with the laws of the state.
(c) The board of education may divide the district into subdistricts for purposes of attendance by pupils.
(d) (1) The board of education shall have the title to and the care and keeping of all school buildings and other school property belonging to the district. The board may open any or all school buildings for community purposes and may adopt rules and regulations governing use of school buildings for those purposes. School buildings and other school properties no longer needed by the school district may be disposed of by the board upon the affirmative recorded vote of not less than a majority of the members of the board at a regular meeting. Subject to the provisions of K.S.A. 2025 Supp. 72-1439, and amendments thereto, the board may dispose of the property in such manner and upon such terms and conditions as the board deems to be in the best interest of the school district. Conveyances of school buildings and other school properties shall be executed by the president of the board and attested by the clerk.
(2) When disposing of any school district property pursuant to this section or K.S.A. 2025 Supp. 72-1439, and amendments thereto, a board of education of a school district shall not refuse to sell, lease or convey any interest in a building or property to a prospective buyer or lessee solely because the prospective buyer or lessee may use or intends to use the building or property as a nonpublic school building.
(e) The board shall have the power to acquire personal and real property by purchase, gift or the exercise of the power of eminent domain in accordance with K.S.A. 72-1144, and amendments thereto.
History: L. 1963, ch. 393, § 22; L. 1965, ch. 410, § 16; L. 1969, ch. 310, § 54; L. 1982, ch. 301, § 2; L. 1983, ch. 242, § 1; L. 1984, ch. 261, § 14; L. 1984, ch. 262, § 4; L. 1989, ch. 220, § 1; L. 1991, ch. 220, § 4; L. 2023, ch. 98, § 11; L. 2024, ch. 111, § 13; July 1.
All accredited schools, public, private or parochial, shall provide and give a complete course of instruction to all pupils, in civil government, and United States history, and in patriotism and the duties of a citizen, suitable to the elementary grades; in addition thereto, all accredited high schools, public, private or parochial, shall give a course of instruction concerning the government and institutions of the United States, and particularly of the constitution of the United States; and no student who has not taken and satisfactorily passed such course shall be certified as having completed the course requirements necessary for graduation from high school.
History: L. 1919, ch. 257, § 2; R.S. 1923, 72-1103; L. 1925, ch. 224, § 1; L. 1968, ch. 20, § 2; L. 1984, ch. 261, § 5; July 1.
(a) In addition to subjects or areas of instruction required by K.S.A. 72-3214, 72-3217, 72-3232, 72-3235 and 72-3236, and amendments thereto, every accredited school in the state of Kansas shall teach the subjects and areas of instruction adopted by the state board of education.
(b) Every accredited high school in the state of Kansas also shall teach the subjects and areas of instruction necessary to meet the graduation requirements adopted by the state board of education.
(c) Subjects and areas of instruction shall be designed by the state board of education to achieve the goal established by the legislature of providing each and every child with at least the following capacities:
(1) Sufficient oral and written communication skills to enable students to function in a complex and rapidly changing civilization;
(2) sufficient knowledge of economic, social, and political systems to enable the student to make informed choices;
(3) sufficient understanding of governmental processes to enable the student to understand the issues that affect his or her community, state, and nation;
(4) sufficient self-knowledge and knowledge of his or her mental and physical wellness;
(5) sufficient grounding in the arts to enable each student to appreciate his or her cultural and historical heritage;
(6) sufficient training or preparation for advanced training in either academic or vocational fields so as to enable each child to choose and pursue life work intelligently; and
(7) sufficient levels of academic or vocational skills to enable public school students to compete favorably with their counterparts in surrounding states, in academics or in the job market.
(d) Nothing in this section shall be construed as relieving the state or school districts from other duties and requirements imposed by state or federal law including, but not limited to, at-risk programs for pupils needing intervention, programs concerning special education and related services and bilingual education.
History: L. 2005, ch. 152, § 6; L. 2014, ch. 93, § 32; May 1.
In each school year, the board of education of every school district shall cause to have prepared a report concerning the academic achievement testing program conducted during the school term to assess the educational performance of pupils enrolled in the school district. The report shall be presented at a regular meeting of the board of education in a form and manner determined and specified by it.
History: L. 1981, ch. 273, § 1; July 1.
K.S.A. 72-3220 through
72-3224, and amendments thereto, and K.S.A. 2025 Supp.
72-3225, and amendments thereto, shall be known and may be cited as the Kansas challenge to secondary school students act.
History: L. 1993, ch. 265, § 3; L. 2021, ch. 114, § 10; July 1.
The legislature hereby declares that secondary school students should be challenged continuously in order to maintain their interests in the pursuit of education and skills critical to success in the modern world. It is the purpose and intention of the Kansas challenge to secondary school students act to provide a means that school districts, in cooperation with institutions of postsecondary education, may provide new and exciting challenges to secondary school students by encouraging such students to take full advantage of the wealth of postsecondary educational opportunities available in this state.
History: L. 1993, ch. 265, § 4; L. 2021, ch. 114, § 11; July 1.
As used in the Kansas challenge to secondary school students act:
(a) "Student" means a person who: (1) Is enrolled in grades 10, 11 or 12 maintained by a school district, or a gifted child who is enrolled in any of the grades 9 through 12 maintained by a school district; (2) has an individualized plan of study or an individualized education program; (3) has demonstrated the ability to benefit from participation in the regular curricula of eligible postsecondary educational institutions; (4) has been authorized by the principal of the school attended to apply for enrollment at an eligible postsecondary educational institution; and (5) is acceptable or has been accepted for enrollment at an eligible postsecondary educational institution.
(b) "Eligible postsecondary educational institution" means any state educational institution, community college, municipal university, technical college or accredited independent institution.
(c) "State educational institution" means the same as defined in K.S.A.
76-711, and amendments thereto.
(d) "Community college" means any community college organized and operating under the laws of this state.
(e) "Municipal university" means a municipal university established under the provisions of article 13a of chapter 13 of the Kansas Statutes Annotated, and amendments thereto.
(f) "Accredited independent institution" means a not-for-profit institution of postsecondary education the main campus of which is located in Kansas and that: (1) Is operated independently and not controlled or administered by any state agency or any subdivision of the state; (2) maintains open enrollment; and (3) is accredited by a nationally recognized accrediting agency for higher education in the United States.
(g) "Technical college" means the same as defined in K.S.A.
74-32,407, and amendments thereto.
(h) "Gifted child" means the same as defined in K.S.A.
72-3404, and amendments thereto, or in rules and regulations adopted pursuant thereto.
History: L. 1993, ch. 265, § 5; L. 2006, ch. 65, § 1; L. 2008, ch. 28, § 1; L. 2021, ch. 114, § 12; July 1.
(a) The board of education of any school district and any eligible postsecondary educational institution may enter into a cooperative agreement regarding the dual or concurrent enrollment of students in courses of instruction for college credit at the eligible postsecondary educational institution. The agreement shall include, but need not be limited to, the following:
(1) The academic credit to be granted for course work successfully completed by the student at the institution, which credit shall qualify as both high school and college credit;
(2) the requirement that such course work qualify as credit applicable toward the award of a degree or certificate at the institution;
(3) except as otherwise provided in subsection (b), the requirement that the student shall pay the negotiated amount of tuition and related costs charged by the institution for the student's enrollment; and
(4) the requirement that the eligible postsecondary educational institution shall notify the student or the student's parent or guardian if the course the student enrolled in at the eligible postsecondary educational institution is not a systemwide transfer course approved by the state board of regents and, as a result, the student may not receive credit for such course if the student transfers to or attends another state postsecondary educational institution.
(b) The board of education of a school district, in its discretion, may pay all or a portion of the negotiated amount of tuition and related costs, including fees, books, materials and equipment, charged by an eligible postsecondary educational institution for a student's enrollment in such institution. As part of any agreement entered into pursuant to this section, the board of education of a school district shall not be required to pay any amount of tuition and required fees that are waived for an eligible foster child pursuant to the foster child educational assistance act, K.S.A.
75-53,111
et seq., and amendments thereto, except that the board, in its discretion, may pay any related costs that are not waived pursuant to such act, including fees, books, materials and equipment, charged by an eligible postsecondary educational institution for the student's enrollment in such institution. Any such payment shall be paid directly to the eligible postsecondary educational institution and shall be credited to such student's account.
History: L. 1993, ch. 265, § 6; L. 2021, ch. 114, § 13; July 1.
(a) Except as otherwise provided in K.S.A.
72-3223(b), and amendments thereto, each student dually or concurrently enrolled in an eligible postsecondary educational institution pursuant to K.S.A.
72-3220
et seq., and amendments thereto, shall be responsible for the payment of the negotiated tuition and related costs, including fees, books, materials and equipment, charged by such institution for the student's enrollment.
(b) The board of education of a school district, in its discretion, may provide for the transportation of a student to or from any eligible postsecondary educational institution.
(c) Each student dually or concurrently enrolled in an eligible postsecondary educational institution pursuant to K.S.A.
72-3220
et seq., and amendments thereto, who satisfactorily completes course work at such institution shall be granted appropriate credit toward fulfillment of the requirements for graduation from high school.
(d) In order to remain eligible for participation in the program, a student shall remain in good standing at the eligible postsecondary educational institution or shall show satisfactory progress as determined by the school district.
(e) The provisions of the Kansas challenge to secondary school students act shall not apply to any career technical education courses or programs that receive financial assistance or funding pursuant to K.S.A.
72-3810
or
72-3819, and amendments thereto.
History: L. 1993, ch. 265, § 7; L. 2021, ch. 114, § 14; July 1.
(a) Each eligible postsecondary educational institution that accepts students for enrollment pursuant to the Kansas challenge to secondary school students act shall submit a report annually to the state board of regents. Such report shall include, but not be limited to, the following:
(1) The number of students from each school district enrolled in the eligible postsecondary educational institution, including the number of students in the custody of the secretary for children and families;
(2) the number of students who successfully complete the courses in which such students are enrolled at the eligible postsecondary educational institution;
(3) the tuition rate charged for students compared to the tuition rate charged to individuals who are regularly enrolled and attending the eligible postsecondary educational institution; and
(4) the amount and percentage of tuition each school district is paying pursuant to K.S.A. 72-3223, and amendments thereto.
(b) The state board of regents shall compile and prepare a summary report of the reports submitted pursuant to subsection (a) and shall submit such report to the house standing committee on education and the senate standing committee on education on or before February 15 of each year commencing in 2022.
(c) This section shall take effect and be in force from and after July 1, 2021.
History: L. 2021, ch. 114, § 7; June 1.
(a) Upon request of a school district, the state board shall assist in the development of a grade appropriate curriculum for character development programs which may be offered to students in the school district. Nothing in this subsection shall be construed as requiring the state board to develop a new curriculum or a new character development program.
(b) As used in this section:
(1) "Character development program" means a program which is secular in nature and which stresses character qualities.
(2) "Character qualities" means positive character qualities which include, but is not limited to, honesty, responsibility, attentiveness, patience, kindness, respect, self-control, tolerance, cooperation, initiative, patriotism and citizenship.
(3) "State board" means the state board of education.
History: L. 2007, ch. 185, § 5; May 24.
(a) The state board of education shall provide for a community service program to be offered to all accredited high schools in this state.
(b) As used in this section, the term "community service" means a service performed by a high school student, without monetary compensation or remuneration, for the purpose of benefiting the student's community. The service performed may include, but not by way of limitation, mentoring or tutoring elementary school pupils, assisting in a nursing home or adult care center, providing lawn care or performing other tasks for senior citizens or disabled persons, assisting in a homeless shelter or a soup kitchen, organizing or assisting in fund raisers for disaster victims and other needy persons, assisting community-based nonprofit agencies that provide programs and services for low-income people, the disabled and the elderly, assisting fraternal organizations in charitable activities.
History: L. 2002, ch. 167, § 8; July 1.
(a) In order to educate students about the sacrifices made for freedom in the founding of this country and the values on which this country was founded, the week of September containing the 17th day of such month in each year thereafter is hereby designated as "celebrate freedom week" in each public school offering any of the grades kindergarten through eight.
(b) The state board of education, in cooperation with such other state agencies or private entities who voluntarily participate, shall promote "celebrate freedom week" through a coordinated program.
(c) For purposes of this section, Sunday is deemed to be the first day of the week.
History: L. 2013, ch. 121, § 1; July 1.
On or before December 31, 2013, the state board of education shall adopt rules and regulations requiring appropriate instruction be provided as part of the curriculum for grades kindergarten through eight on history and government concerning the original intent, meaning and importance of the declaration of independence and the United States constitution, including the bill of rights of the United States constitution, in their historical contexts. The religious references in the writings of the founding fathers shall not be censored when presented as part of such instruction. Such rules and regulations shall provide that the study of the declaration of independence include the study of the relationship of the ideas expressed in that document to subsequent American history, including the relationship of such ideas to the rich diversity of our people as a nation of immigrants, the American revolution, the formulation of the United States constitution and the abolitionist movement, which led to the emancipation proclamation and the women's suffrage movement. Such instruction shall be taught during "celebrate freedom week," established under K.S.A. 72-3233, and amendments thereto, or during such other full school week as determined by the board of education of the school district.
History: L. 2013, ch. 121, § 2; July 1.
(a) The state board of education shall provide for a course of instruction in Kansas history and government, which shall be required for all students graduating from an accredited high school in this state.
(b) The state board of education shall prescribe the school year, not later than the 1990-91 school year, in which the requirement of subsection (a) shall become applicable and may provide for such waivers from the requirement as the board deems appropriate.
History: L. 1988, ch. 277, § 1; July 1.
(a) In order to equip students with the knowledge and skills needed to become self-supporting and to enable students to make critical decisions regarding personal finances, the state board of education shall authorize and assist in the implementation of programs on teaching personal financial literacy.
(b) The state board of education shall develop a curriculum, materials and guidelines that local boards of education and governing authorities of accredited nonpublic schools may use in implementing the program of instruction on personal financial literacy. The state board of education shall adopt a glossary of personal financial literacy terms which shall be used by school districts when implementing the program on personal financial literacy.
(c) The state board of education shall develop state curriculum standards for personal financial literacy, for all grade levels, within the existing mathematics curriculum or another appropriate subject-matter curriculum.
(d) The state board of education shall encourage school districts when selecting textbooks for mathematics, economics, family and consumer science, accounting or other appropriate courses, to select those textbooks which contain substantive provisions on personal finance, including personal budgeting, credit, debt management and other topics concerning personal financial literacy.
(e) The state board of education shall include questions relating to personal financial literacy in the statewide assessments for mathematics or social studies required under K.S.A. 72-5170, and amendments thereto. When the statewide assessments for mathematics or social studies are reviewed or rewritten, the state board of education shall examine the questions relating to personal financial literacy and rewrite such questions in order to determine if programs on personal financial literacy are equipping students with the knowledge and skills needed to become self-supporting and enabling students to make critical decisions regarding personal finances.
History: L. 2003, ch. 39, § 1; L. 2009, ch. 130, § 2; L. 2015, ch. 4, § 48; L. 2017, ch. 95, § 76; July 1.
(a) The state board of education shall designate a period of time each school year as a time for disability history and awareness.
(b) The state board of education shall develop objectives and guidelines for disability history and awareness, for all grade levels, within the existing curriculum for history, social studies or other appropriate subject-matter curriculum. The components of disability history and awareness may include, but not be limited to, the events and time lines relating to the development and evolution of services provided to individuals with disabilities and information relating to the contributions of specific individuals with disabilities, including the contributions of acknowledged national leaders.
(c) The goals of disability history and awareness instruction include:
(1) Encouraging the better treatment of individuals with disabilities, especially for school-age children.
(2) Increasing attention to the prevention of bullying or harassment of students with disabilities.
(3) Encouraging the development of self-esteem in individuals with disabilities.
(4) Encouraging individuals with disabilities to obtain a postsecondary education which will empower such individuals to enter the workforce and contribute to their communities.
(5) Reaffirming the local, state and federal commitment to providing an equal opportunity for, and the full inclusion in society of, all individuals with disabilities.
(d) Each school district shall include disability history and awareness within the district's curriculum as deemed appropriate by the district.
History: L. 2009, ch. 130, § 3; July 1.
(a) The board of education of any school district may: (1) Establish, operate and maintain a summer program for pupils; (2) enter into cooperative or interlocal agreements with one or more other boards of education for the establishment, operation and maintenance of a summer program for pupils; and (3) prescribe and collect fees for providing a summer program for pupils or provide such program without charge.
(b) Fees for providing a summer program for pupils 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 program.
(c) No school district may collect fees for providing a summer program for pupils required to attend such a program in accordance with the provisions of law, rules and regulations of the state board of education, policy of the board of education, or an individualized education plan developed for an exceptional child.
(d) There is hereby established in every district which establishes, operates and maintains a summer program a fund which shall be called the summer program fund, which fund shall consist of all moneys deposited therein or transferred thereto according to law. All moneys received by a district from fees collected under this section or from any other source for summer programs shall be credited to the summer program fund. Amounts deposited in the summer program fund may be used for the payment of expenses directly attributable to the program or may be transferred to the general fund of the school district as approved by the board of education.
(e) As used in this section, the term "summer program" means a program which is established by the board of education of a school district and operated during the summer months for the purpose of giving remedial instruction to pupils or for the purpose of conducting special projects and activities designed to enrich and enhance the educational experience of pupils, or for both such purposes.
History: L. 1993, ch. 264, § 15; L. 2011, ch. 107, § 12; L. 2012, ch. 155, § 14; L. 2013, ch. 121, § 13; L. 2015, ch. 4, § 54; July 1.
(a) The board of education of any school district may: (1) Establish, operate and maintain an extraordinary school program for pupils who meet the district's criteria for attendance of such programs; (2) enter into cooperative or interlocal agreements with one or more other boards of education for the establishment, operation and maintenance of an extraordinary school program for pupils; and (3) prescribe and collect fees for providing an extraordinary school program for pupils or provide such program without charge.
(b) Fees for providing an extraordinary school program for pupils shall be prescribed and collected only to recover the cost incurred as a result of and directly attributable to the establishment, operation and maintenance of the program.
(c) No school district may collect fees for providing an extraordinary school program for pupils who are required to attend such a program in accordance with the provisions of law, rules and regulations of the state board of education, policy of the board of education, or an individualized education plan developed for an exceptional child or who are eligible for free or reduced price meals under the national school lunch act.
(d) There is hereby established in every district which establishes, operates and maintains an extraordinary school program a fund which shall be called the extraordinary school program fund, which fund shall consist of all moneys deposited therein or transferred thereto according to law. All moneys received by a district from fees collected under this section or from any other source for extraordinary school programs shall be credited to the extraordinary school program fund. The expenses of a district directly attributable to extraordinary school programs shall be paid from the extraordinary school program fund.
(e) As used in this section, the term "extraordinary school program" means a program which is established by the board of education of a school district, operated before or after regular school hours during the regular school term, and maintained for any or all of the following purposes: (1) Providing pupils with additional time to achieve learner exit or improvement plan outcomes; (2) giving pupils remedial instruction or independent study assistance; (3) affording pupils an opportunity to strengthen or attain mastery of basic or higher order thinking skills; and (4) conducting special projects and activities designed to enrich and enhance the educational experience of pupils.
History: L. 1994, ch. 310, § 1; July 1.
As used in this act:
(a) "Accredited school" means any elementary or secondary school maintained and operated by a school district and any accredited nonpublic school offering any of grades kindergarten through 12.
(b) "State educational institution" has the meaning ascribed thereto in K.S.A. 76-711, and amendments thereto.
History: L. 1990, ch. 253, § 1; July 1.
American Sign Language hereby is recognized by the state of Kansas as a language.
History: L. 1990, ch. 253, § 2; July 1.
The state board of education may provide for the teaching of American sign language in accredited schools and all pupils thereof, whether hearing, deaf or hard of hearing, may be given instruction in American sign language.
History: L. 1990, ch. 253, § 3; L. 2022, ch. 75, § 10; April 28.
Any state educational institution may offer an elective course in American Sign Language. Students enrolled at any of the state educational institutions which offer a course in American Sign Language may enroll in such course and with the concurrence of the state educational institution may count credit received for the course toward satisfaction of a foreign language requirement of the institution.
History: L. 1990, ch. 253, § 4; July 1.
The provisions of K.S.A. 2025 Supp. 72-3255 through 72-3258, and amendments thereto, shall be known and may be cited as the promoting advancement in computing knowledge act.
History: L. 2022, ch. 86, § 1; July 1.
As used in the promoting advancement in computing knowledge act:
(a) "Computer science" means the study of computers and algorithmic processes, including principles, hardware and software designs, implementation and impact on society.
(b) "Computer science course" means any standalone computer science course of instruction that teaches the content in the Kansas model standards for computer science.
(c) "High-quality professional learning" means professional development activities that:
(1) Clarify the conceptual foundations of computer science;
(2) teach research-based practices, including hands-on and inquiry-based learning; and
(3) are intended for existing teachers with or without prior computer science experience.
(d) "High-quality professional learning providers" means any school district, school district interlocal cooperative, school district cooperative, institution of higher education, nonprofit organization or private entity that:
(1) Has successfully designed, implemented and scaled high-quality professional learning for teachers; and
(2) is approved or recommended by the state board of education as providing high-quality professional learning.
History: L. 2022, ch. 86, § 2; July 1.
(a) Beginning in the 2023-2024 school year, each secondary school operated by a school district shall offer at least one computer science course or a school district shall submit a plan to the state board of education describing how such district intends to offer such course and the school year such course will first be offered.
(b) A computer science course offered pursuant to this section shall:
(1) Be high quality;
(2) meet or exceed the Kansas model standards for computer science established by the state board of education; and
(3) be made available in a traditional classroom setting, blended learning environment, online-based or other technology-based format that is tailored to meet the needs of each secondary school and each participating student.
(c) (1) On or before January 15, 2023, and each January 15 thereafter, the state board shall prepare and submit a report to the governor and the legislature on the progress made pursuant to this act. Such report shall include for the immediately preceding school year:
(A) The number of secondary schools that offered at least one computer science course;
(B) the number of high-quality professional learning providers that received grants pursuant to K.S.A. 2025 Supp. 72-3258, and amendments thereto;
(C) the number of teachers prepared by high-quality professional learning providers;
(D) the number of teachers teaching computer science courses as compared to the number of teachers prepared by high-quality professional learning providers; and
(E) the number of students reached, including the number and percentage of such students disaggregated by gender, race, ethnicity and socioeconomic status, by high-quality professional learning providers.
(2) The provisions of this subsection shall expire on July 1, 2025.
History: L. 2022, ch. 86, § 3; July 1.
(a) Subject to appropriations therefor, the state board of education may award grants to high-quality professional learning providers to develop and implement teacher professional development programs for the computer science courses required to be taught pursuant to K.S.A. 2025 Supp. 72-3257, and amendments thereto.
(b) Grants awarded pursuant to this section may be used for the following purposes:
(1) Providing high-quality professional learning;
(2) credentialing for computer science teachers, including, but not limited to, reimbursement to teachers or providers for professional learning, exam fees or college coursework;
(3) supporting computer science professional learning, including mentoring and coaching;
(4) creating resources to support implementation of this act;
(5) student recruitment; and
(6) the development of teacher preparation programs.
(c) As a condition of receiving a grant pursuant to this section, a high-quality professional learning provider shall submit an application to the state department of education on a form and in a manner determined by the state department of education. The application shall, at a minimum, address how the provider will:
(1) Recruit new and existing teachers with little to no computer science background;
(2) use research-based or evidence-based practices for high-quality professional development;
(3) focus the professional learning on the conceptual foundations of computer science;
(4) reach and support marginalized racial and ethnic groups underrepresented in computer science;
(5) provide teachers with concrete experience with hands-on, inquiry-based practices;
(6) accommodate both teacher and student needs; and
(7) ensure that participating districts shall begin offering a computer science course within the same or next school year after the teacher receives the professional learning.
(d) The state board of education shall prioritize the following applications:
(1) School districts that work in partnership with providers of high-quality professional learning;
(2) proposals that describe strategies to enroll female students, students from marginalized racial and ethnic groups underrepresented in computer science, students eligible for free and reduced-price meals, students with disabilities and English language learners; and
(3) proposals from rural or urban areas that experience difficulties providing computer science offerings.
(e) Each high-quality professional learning provider that receives a grant pursuant to this section shall annually report to the state board of education:
(1) The number of teachers prepared;
(2) the number of students reached;
(3) the number and percent of students reached disaggregated by gender, race, ethnicity and socioeconomic status; and
(4) the number of teachers and school districts that implemented computer science courses versus the number of prepared teachers that attended professional learning.
History: L. 2022, ch. 86, § 4; July 1.
(a) The legislature hereby affirms that excellence in education provides an essential gateway to success not only for students but for the entire state. Achieving excellence in education opens doors of opportunity for long-term personal, professional and economic growth and improvement for all students. As academic achievement is elevated, inspired and attained, more students will gain the soft skills that are necessary to succeed in the workforce, including improved time management, personal accountability and communication skills. Maintaining high academic achievement standards for all students provides the basis for the fundamental belief that all people, despite their socioeconomic, racial or cultural status, are uniquely capable and worthy of meeting and exceeding the highest caliber of expectations. In affirming this focus on excellence, the legislature hereby desires consistent communication with the state board of education and the state department of education to annually review academic achievement, as quantitatively measured by performance on state assessments and the interventions, goals and strategies that are being utilized to move all students to academic proficiency.
(b) This section shall take effect and be in force from and after July 1, 2022.
History: L. 2022, ch. 94, § 5; May 26.
(a) This section shall be known and may be cited as the every child can read act.
(b) The legislature hereby affirms that third grade marks a pivotal grade level in which students must attain proficiency in reading or risk continued learning losses throughout their academic career. To ensure that all students move toward grade-level proficiency in literacy, especially by the third grade level, the board of education of each school district shall provide opportunities for students to participate in targeted educational interventions to promote proficiency in literacy. Reading literacy shall be attained through the science of reading and evidence-based reading instruction and shall include such competencies as may be necessary to attain reading proficiency. The necessary competencies, best practices and screening tools used by school districts shall follow the framework of the dyslexia handbook developed by the state department of education. To ensure that such competencies are achieved, the board of education of each school district shall include as part of instruction in literacy:
(1) Phonics, phonological and phonemic awareness;
(2) vocabulary development;
(3) silent and oral reading fluency; and
(4) reading comprehension.
(c) To promote the goals of the every child can read act, the board of education of each school district shall:
(1) Measure student achievement by participation in the state assessment program and through other universal screening and assessment tools that are approved by a board of education of a school district or by the state department of education;
(2) provide targeted and tiered interventions that are designed to match a student's individual deficiencies through additional contact hours with such student, including, but not limited to, one-on-one instruction, small group instruction, tutoring and summer school programs for all students and especially for those students who are at and below the third grade level who are identified as having a literacy deficit; and
(3) ensure that the teacher of each third grade student communicates with the parent or guardian of each such student to provide information on the student's literacy proficiency or deficiencies and any recommended interventions for such student to achieve proficiency. Such communication shall occur at least once during the fall semester and once during the spring semester. When a teacher provides the communications required pursuant to this paragraph, each such communication shall provide the parent or guardian with:
(A) A summary of the every child can read act and the literacy goals of the act;
(B) any assessment data relating to literacy that pertains to the student;
(C) any recommended interventions for the student; and
(D) how the school district tracks the outcomes of any such interventions.
(d) (1) On or before June 30 of each school year, each school district shall report to the state department of education on the school district's implementation of the every child can read act, the interventions that the school district is using to attain the goals of such act and the resulting outcomes of such interventions. Such report shall include:
(A) The number of third grade students in such school district;
(B) the screening and assessment data from at least the preceding two school years that the school district is using as a baseline to evaluate student progress in literacy; and
(C) the percentage of students that are proficient, moving toward proficiency or deficient, with percentages provided for all students and student subgroups.
(2) The state department of education shall compile such reports and shall submit a summary report to the governor and the legislature on or before January 15 of each year.
(e) This section shall take effect and be in force from and after July 1, 2023.
History: L. 2022, ch. 94, § 6; May 26.
(a) A board of education of a school district may adopt a policy to allow students enrolled in grades six through 12 to earn course credits through alternative educational opportunities with sponsoring entities. A school district's policy adopted pursuant to this section shall provide:
(1) Eligibility requirements for sponsoring entities;
(2) requirements for the provision of alternative educational opportunities by sponsoring entities;
(3) the procedures for a sponsoring entity to submit a proposal to the school district to provide an additional educational opportunity to students;
(4) the criteria the school district will use to evaluate such proposals; and
(5) the course credit that may be earned through the alternative educational opportunity by a participating student.
(b) A school district may accept a proposal from a sponsoring entity if the alternative educational opportunity provided by the sponsoring entity:
(1) Provides an additional learning opportunity for students through a work-based, pre-apprenticeship, apprenticeship, internship, industry certification or community program; and
(2) (A) is approved by the state board of education as an alternative educational opportunity pursuant to subsection (d); or
(B) complies with the school district policies adopted pursuant to subsection (a).
(c) Each approved alternative educational opportunity with a sponsoring entity shall be managed and directed by a licensed teacher employed by the school district.
(d) A sponsoring entity may petition the state board to approve an alternative educational opportunity that is provided through such sponsoring entity if the alternative educational opportunity provided through such sponsoring entity is generally applicable on a statewide or regional basis across multiple school districts. The state board of education shall approve or deny each petition proposing an alternative educational opportunity within 90 days of receipt of such proposal. If the state board denies the proposal, the state board shall provide the sponsoring entity the reasons for such denial. If the state board approves such proposal, any school district may implement the alternative educational opportunity. The state board may revoke any such approved proposal if the state board determines that the sponsoring entity fails to comply with the requirements of this section.
(e) Each school district shall report to the state department of education information regarding the school district's alternative educational opportunities offered at the school, the names of sponsoring entities, the number of students participating and credits earned.
(f) The state board of education may adopt rules and regulations for the administration of this section.
(g) As used in this section:
(1) "Alternative educational opportunity" means instruction that primarily occurs outside the classroom with a sponsoring entity.
(2) "Sponsoring entity" means a business, not-for-profit organization, nonprofit organization, trade association, parent of a student, teacher or administrator that partners with a school district to provide an alternative educational opportunity to students.
(h) This section shall take effect and be in force from and after July 1, 2022.
History: L. 2022, ch. 94, § 7; May 26.
Any school district that offers any course or other instruction that addresses human growth, human development or human sexuality shall include, as part of such course or instruction, a presentation of a high-quality, computer-generated animation or high-definition ultrasound of at least three minutes in duration that shows the development of the brain, heart and other vital organs in early human fetal development.
History: L. 2025, ch. 111, § 1; July 1.
History: L. 1917, ch. 283, § 1; R.S. 1923, 72-3301; L. 1951, ch. 403 § 1; Repealed, L. 1968, ch. 13, § 1; July 1.
History: L. 1917, ch. 283, § 2; R.S. 1923, 72-3302; Repealed, L. 1968, ch. 13, § 1; July 1.
History: L. 1917, ch. 283, §§ 3, 4; R.S. 1923, 72-3303, 72-3304; L. 1945, ch. 282, §§ 58, 59; Repealed, L. 1968, ch. 13, § 1; July 1.
History: L. 1931, ch. 263, §§ 1, 2; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1937, ch. 302, § 1; L. 1949, ch. 374, § 1; Repealed, L. 1968, ch. 13, § 1; July 1.
History: L. 1937, ch. 302, § 2; L. 1945, ch. 282, § 60; Repealed, L. 1968, ch. 13, § 1; July 1.
History: L. 1937, ch. 302, §§ 3, 4; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1941, ch. 327, §§ 1, 2; Repealed, L. 1947, ch. 363, § 1; June 30.
History: L. 1941, ch. 327, § 3; L. 1945, ch. 282, § 61; Repealed, L. 1947, ch. 363, § 1; June 30.
History: L. 1957, ch. 400, § 1; L. 1963, ch. 367, § 1; Repealed, L. 1968, ch. 13, § 1; July 1.
History: L. 1957, ch. 400, § 2; L. 1961, ch. 330, § 1; Repealed, L. 1968, ch. 13, § 1; July 1.
History: L. 1957, ch. 400, § 3; Repealed, L. 1968, ch. 13, § 1; July 1.
History: L. 1957, ch. 400, § 4; L. 1961, ch. 330, § 2; Repealed, L. 1968, ch. 13, § 1; July 1.
History: L. 1957, ch. 400, § 5; L. 1958, ch. 18, § 1 (Special Session); Repealed, L. 1968, ch. 13, § 1; July 1.
History: L. 1959, ch. 285, § 1; Repealed, L. 1968, ch. 13, § 1; July 1.
History: L. 1959, ch. 285, § 2; L. 1963, ch. 368, § 1; L. 1965, ch. 406, § 1; Repealed, L. 1968, ch. 13, § 1; July 1.
History: L. 1959, ch. 285, §§ 3 to 9; Repealed, L. 1968, ch. 13, § 1; July 1.
History: L. 1959, ch. 285, § 10; L. 1961, ch. 331, § 1; Repealed, L. 1968, ch. 13, § 1; July 1.
History: L. 1961, ch. 362, §§ 1 to 3; Repealed, L. 1968, ch. 247, § 3; July 1.
History: L. 1961, ch. 355, § 1; Repealed, L. 1968, ch. 13, § 1; July 1.
History: L. 1961, ch. 355, § 2; L. 1963, ch. 234, § 100; Repealed, L. 1968, ch. 13, § 1; July 1.
History: L. 1961, ch. 355, §§ 3, 4; Repealed, L. 1968, ch. 13, § 1; July 1.
History: L. 1961, ch. 371, §§ 1 to 4; Repealed, L. 1968, ch. 13, § 1; July 1.
History: L. 1963, ch. 384, § 1; Repealed, L. 1968, ch. 13, § 1; July 1.
History: L. 1963, ch. 384, § 2; L. 1965, ch. 407, § 1; Repealed, L. 1968, ch. 13, § 1; July 1.
History: L. 1963, ch. 384, §§ 3, 4; Repealed, L. 1968, ch. 13, § 1; July 1.
The board of education of any school district may provide a revolving fund for the purpose of enabling the purchase, for the use of the students in the schools of the district, the necessary school textbooks. The treasurer of each board of education is hereby authorized and directed to pay out of said funds all orders lawfully drawn for the purchase of such textbooks.
Each clerk of a board of education shall replace the moneys paid out of the revolving fund with cash received by him, if any, for the books sold to the patrons of said school. Each school district may provide the pupils in said district with textbooks free of cost.
History: L. 1913, ch. 288, § 8; L. 1915, ch. 297, § 2; L. 1917, ch. 292, § 1; R.S. 1923, 72-4107; L. 1969, ch. 310, § 14; July 1.
Whenever the parents or guardian of any child attending any of the public schools are unable to purchase textbooks or provide rental fees for said child, the board of education of the district in which said child resides shall, if written application is made and said board finds the application meritorious, furnish said child with the regular adopted textbooks free of cost.
History: L. 1933, ch. 265, § 1; L. 1939, ch. 258, § 1; L. 1955, ch. 308, § 5; L. 1969, ch. 310, § 15; July 1.
The board of education of any school district may establish a school textbook rental plan for such grades as are maintained by the district whereby such board shall purchase school textbooks to be used by the pupils upon the payment by such pupils of a rental fee. Moneys received by the board of education under this section shall be deposited in the textbook and student materials revolving fund of the school district.
History: L. 1955, ch. 337, § 1; L. 1969, ch. 310, § 16; L. 2003, ch. 116, § 6; July 1.
To provide revenue for the initial purchase of textbooks for use in the textbook rental plan, the board of education of any school district is authorized to issue no-fund warrants in an amount necessary to make such purchase. Such no-fund warrants shall be issued in the manner and form, bear interest and be redeemed as prescribed by K.S.A. 79-2940, and amendments thereto, except that they may be issued without the approval of the state board of tax appeals.
Whenever no-fund warrants are issued under the authority of this act, the board of education shall make a tax levy at the first tax levying period after such warrants are issued, sufficient to pay such warrants and the interest thereon, except that in lieu of making only one tax levy, such board, if it deems it advisable, may make a tax levy each year for not to exceed three years in approximately equal installments for the purpose of paying such warrants and the interest thereon. All such tax levies shall be in addition to all other levies authorized or limited by law and none of the tax limitations provided by law shall apply to such levy.
History: L. 1955, ch. 337, § 2; L. 1969, ch. 310, § 17; L. 2008, ch. 109, § 60; L. 2014, ch. 141, § 54; July 1.
The board proceeding under the authority of this act may issue bonds to provide revenue for the initial purchase of textbooks as contemplated in this act in lieu of the no-fund warrants authorized in the preceding section. Such bonds shall be issued, registered, sold, delivered and retired as provided in the general bond law except that no bond election shall be required and such bonds shall not be subject to or be within any bonded debt limitation and shall not be considered in applying any other laws limiting bonded indebtedness.
History: L. 1955, ch. 337, § 3; June 30.
The board may establish a revolving fund for the purpose of purchasing textbooks from time to time for rental purposes and repairing books previously purchased, and all money collected by the board in the operation of the plan from rental of books, payments for books lost or destroyed, and all fines, shall be placed therein. Such revolving fund shall not be subject to the annual budget, but a report of the condition thereof shall be made annually at the time the budget is published.
History: L. 1955, ch. 337, § 5; June 30.
All books purchased by the board under the textbook rental plan shall remain the property of the board purchasing them and shall be rented to the pupils in the school only while such pupils are pursuing a course of study therein; the board shall hold such pupils responsible for any damages to, loss of, or failure to return such books at the time and to the person that may be designated by the board.
History: L. 1955, ch. 337, § 6; June 30.
The board adopting the textbook rental plan is authorized to make rules and regulations for carrying out and administering the plan.
History: L. 1955, ch. 337, § 7; June 30.
The board of education of any school district may purchase, for the use of the pupils of the district, any of the following:
(a) Workbooks and materials which are supplemental to textbooks used in specific courses;
(b) specialized clothing and towels for use in physical education, shop, and science courses;
(c) musical instruments for use in band or orchestra;
(d) instructional materials for the use of technology in specific courses; and
(e) materials or supplies which are consumed in specific courses or projects or in which the pupil may retain ownership upon completion of such courses or projects.
History: L. 1976, ch. 304, § 1; L. 1995, ch. 90, § 1; July 1.
(a) The board of education of any school district may prescribe, assess and collect fees and supplemental charges for:
(1) The use, rental or purchase by pupils of any of the items designated in K.S.A. 72-3352, and amendments thereto, to offset, in part or in total, the expense of purchasing such items; and
(2) participation in activities, or the use of facilities, materials and equipment, which participation or use is not mandatory, but optional to pupils, whether incidental to curricular, extracurricular or other school-related activities.
(b) Moneys received by a board of education under this section shall be deposited in the textbook and student materials revolving fund of the school district.
History: L. 1976, ch. 304, § 2; L. 1979, ch. 225, § 1; L. 1993, ch. 264, § 2; L. 1995, ch. 90, § 2; L. 2003, ch. 116, § 7; July 1.
Whenever the parents or guardian of any pupil of the school district are unable to provide the fees and supplemental charges assessed and collected under authority of subsection (a) of K.S.A. 72-3353, the board of education shall, if written application is made and said board finds the application meritorious, waive said fees and supplemental charges if the items for which said fees and supplemental charges are assessed and collected are necessary for the completion of the basic requirements of courses of study offered in the school district.
History: L. 1976, ch. 304, § 3; July 1.
(a) There is hereby established in every school district a textbook and student materials revolving fund. Moneys in such fund shall be used to:
(1) Purchase any items designated in K.S.A. 72-3352, and amendments thereto;
(2) pay the cost of materials or other items used in curricular, extracurricular or other school-related activities; and
(3) purchase textbooks as authorized by K.S.A. 72-3346, and amendments thereto.
(b) Any balance remaining in the textbook and student materials revolving fund at the end of the budget year shall be carried forward into that fund for succeeding budget years. Such fund shall not be subject to the provisions of K.S.A. 79-2925 through 79-2937, and amendments thereto. In preparing the budget of such school district, the amounts credited to and the amount on hand in the textbook and student materials revolving fund, and the amount expended therefrom shall be included in the annual budget for the information of the residents of the school district.
History: L. 2003, ch. 116, § 3; L. 2011, ch. 107, § 13; L. 2012, ch. 155, § 15; L. 2013, ch. 121, § 14; L. 2015, ch. 4, § 56; L. 2017, ch. 95, § 83; July 1.
As used in this act:
(a) "Accredited nonpublic schools in the district" means any accredited nonpublic school or schools that are located within a school district.
(b) "Textbooks" means regular adopted textbooks purchased by a school district for the use of pupils enrolled in the district.
(c) "Accredited" means accredited by the state board of education.
History: L. 1994, ch. 216, § 1; July 1.
(a) The board of education of any school district, pursuant to a policy developed and adopted by the board, may provide for the purchase of textbooks from the school district by pupils of accredited nonpublic schools in the district upon payment by such pupils of the amount of the cost of the textbooks to the district.
(b) Moneys received by a board of education under this section for the purchase of textbooks by pupils of accredited nonpublic schools in the district shall be deposited in the revolving fund established by the board for the purpose of purchasing textbooks under the provisions of article 33 of chapter 72 of [the] Kansas Statutes Annotated, and the board may expend moneys from such revolving fund for the purpose of purchasing the textbooks.
History: L. 1994, ch. 216, § 2; July 1.
History: L. 1921, ch. 247, §§ 1, 2; R.S. 1923, 72-3401, 72-3402; Repealed, L. 1933, ch. 309, § 27; April 3.
This act shall be known and may be cited as the special education for exceptional children act.
History: L. 1974, ch. 290, § 1; L. 1979, ch. 219, § 1; L. 1999, ch. 116, § 1; July 1.
As used in this act:
(a) "School district" means any public school district.
(b) "Board" means the board of education of any school district.
(c) "State board" means the state board of education.
(d) "Department" means the state department of education.
(e) "State institution" means any institution under the jurisdiction of a state agency.
(f) "State agency" means the Kansas department for children and families, the Kansas department for aging and disability services, the department of corrections and the juvenile justice authority.
(g) "Exceptional children" means persons who are children with disabilities or gifted children and are school age, to be determined in accordance with rules and regulations adopted by the state board, whose age may differ from the ages of children required to attend school under the provisions of K.S.A. 72-3120, and amendments thereto.
(h) "Gifted children" means exceptional children who are determined to be within the gifted category of exceptionality as such category is defined by the state board.
(i) "Special education" means specially designed instruction provided at no cost to parents to meet the unique needs of an exceptional child, including:
(1) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and
(2) instruction in physical education.
(j) "Special teacher" means a person, employed by or under contract with a school district or a state institution to provide special education or related services, who is qualified to:
(1) Provide special education or related services to exceptional children as determined pursuant to standards established by the state board; or
(2) assist in the provision of special education or related services to exceptional children as determined pursuant to standards established by the state board.
(k) "State plan" means the state plan for special education and related services authorized by this act.
(l) "Agency" means boards and the state agencies.
(m) "Parent" means:
(1) A natural parent;
(2) an adoptive parent;
(3) a person acting as parent;
(4) a legal guardian;
(5) an education advocate; or
(6) a foster parent, if the foster parent has been appointed the education advocate of an exceptional child.
(n) "Person acting as parent" means a person such as a grandparent, stepparent or other relative with whom a child lives or a person other than a parent who is legally responsible for the welfare of a child.
(o) "Education advocate" means a person appointed by the state board in accordance with the provisions of K.S.A. 38-2218, and amendments thereto. A person appointed as an education advocate for a child shall not be:
(1) An employee of the agency who is required by law to provide special education or related services for the child;
(2) an employee of the state board, the department, or any agency that is directly involved in providing educational services for the child; or
(3) any person having a professional or personal interest that would conflict with the interests of the child.
(p) "Free appropriate public education" means special education and related services that:
(1) Are provided at public expense, under public supervision and direction, and without charge;
(2) meet the standards of the state board;
(3) include an appropriate preschool, elementary or secondary school education; and
(4) are provided in conformity with an individualized education program.
(q) "Federal law" means the individuals with disabilities education act, as amended.
(r) "Individualized education program" or "IEP" means a written statement for each exceptional child that is developed, reviewed, and revised in accordance with the provisions of K.S.A. 72-3429, and amendments thereto.
(s) (1) "Related services" means transportation, and such developmental, corrective, and other supportive services, including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the child's IEP, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only, as may be required to assist an exceptional child to benefit from special education, and includes the early identification and assessment of disabling conditions in children.
(2) "Related services" does not mean any medical device that is surgically implanted or the replacement of any such device.
(t) "Supplementary aids and services" means aids, services, and other supports that are provided in regular education classes or other education-related settings to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate.
(u) "Individualized education program team" or "IEP team" means a group of individuals composed of:
(1) The parents of a child;
(2) at least one regular education teacher of the child if the child is, or may be, participating in the regular education environment;
(3) at least one special education teacher or, where appropriate, at least one special education provider of the child;
(4) a representative of the agency directly involved in providing educational services for the child who is:
(A) Qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of exceptional children;
(B) knowledgeable about the general curriculum; and
(C) knowledgeable about the availability of resources of the agency;
(5) an individual who can interpret the instructional implications of evaluation results;
(6) at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
(7) whenever appropriate, the child.
(v) "Evaluation" means a multisourced and multidisciplinary examination, conducted in accordance with the provisions of K.S.A. 72-3428, and amendments thereto, to determine whether a child is an exceptional child.
(w) "Independent educational evaluation" means an examination that is obtained by the parent of an exceptional child and performed by an individual or group of individuals who meet state and local standards to conduct such an examination.
(x) "Elementary school" means any nonprofit institutional day or residential school that offers instruction in any or all of the grades kindergarten through nine.
(y) "Secondary school" means any nonprofit institutional day or residential school that offers instruction in any or all of the grades nine through 12.
(z) "Children with disabilities" means children who:
(1) Have an intellectual disability, hearing loss including deafness, speech or language disorders, visual impairments including blindness, emotional disability, orthopedic impairments, autism, dyslexia, traumatic brain injury, other health impairments, or specific learning disabilities and who, by reason thereof, need special education and related services; and
(2) are experiencing one or more developmental delays and, by reason thereof, need special education and related services if such children are ages three through nine.
(aa) "Substantial change in placement" means the movement of an exceptional child, for more than 25% of the child's school day, from a less restrictive environment to a more restrictive environment or from a more restrictive environment to a less restrictive environment.
(bb) "Material change in services" means an increase or decrease of 25% or more of the duration or frequency of a special education service, a related service or a supplementary aid or a service specified on the IEP of an exceptional child.
(cc) "Developmental delay" means such a deviation from average development in one or more of the following developmental areas, as determined by appropriate diagnostic instruments and procedures, as indicates that special education and related services are required:
(1) Physical;
(2) cognitive;
(3) adaptive behavior;
(4) communication; or
(5) social or emotional development.
(dd) "Homeless children" means "homeless children and youths" as defined in the federal McKinney-Vento homeless assistance act, 42 U.S.C. § 11434a.
(ee) "Limited English proficient" means an individual who meets the qualifications specified in section 9101 of the federal elementary and secondary education act of 1965, as amended.
(ff) "Emotional disability" means the same as the term "emotional disturbance" is used in public law 101-476, the individuals with disabilities education act.
History: L. 1974, ch. 290, § 2; L. 1975, ch. 365, § 1; L. 1977, ch. 240, § 1; L. 1978, ch. 349, § 6; L. 1979, ch. 219, § 2; L. 1980, ch. 216, § 1; L. 1982, ch. 357, § 21; L. 1982, ch. 182, § 140; L. 1985, ch. 237, § 1; L. 1987, ch. 268, § 2; L. 1991, ch. 218, § 1; L. 1992, ch. 199, § 2; L. 1994, ch. 307, § 9; L. 1996, ch. 229, § 119; L. 1999, ch. 116, § 2; L. 2005, ch. 171, § 1; L. 2006, ch. 200, § 112; L. 2012, ch. 91, § 55; L. 2014, ch. 115, § 282; L. 2022, ch. 75, § 11; L. 2023, ch. 33, § 1; July 1.
(a) The state board shall adopt and administer the state plan. The state board may amend the state plan as necessary. The state plan, and amendments thereto, shall be prepared in consultation with the state advisory council for special education provided for in this act.
(b) The state board may adopt rules and regulations for administration of this act and shall adopt rules and regulations necessary to comply with the federal law and to implement the provisions of this act. Any rules and regulations in effect on July 1, 2005, that conflict with federal law or this act are suspended until amended or revoked by the state board.
(c) The state board may apply to participate in any pilot program authorized by the federal law and, if approved, may participate in any such program.
History: L. 1974, ch. 290, § 3; L. 1975, ch. 428, § 3; L. 1982, ch. 291, § 1; L. 1999, ch. 116, § 3; L. 2005, ch. 171, § 2; July 1.
The state board shall:
(a) Establish procedures, which shall be utilized by each agency, to allow parties to disputes involving any matter described in subsection (b)(4) of K.S.A. 72-3430, and amendments thereto, or in K.S.A. 72-3434, and amendments thereto, to resolve such disputes through a mediation process or through due process hearings which meet the requirements of the federal law and this act.
(b) Establish the qualification of persons as hearing officers and mediators in accordance with federal law.
(c) Compile and maintain a list of qualified hearing officers and mediators.
History: L. 1983, ch. 237, § 2; L. 1999, ch. 116, § 4; L. 2005, ch. 171, § 3; July 1.
(a) The state board, in consultation with the state advisory council for special education, shall:
(1) Prescribe guidelines for the selection of persons for appointment as education advocates and for the exercise of their authorized powers, duties and functions;
(2) establish standards and criteria for qualification of persons for appointment as education advocates; and
(3) provide for special training programs with respect to the powers, duties and functions of parents.
(b) Parents who are education advocates shall, and all other parents may, participate in the special training programs provided for under provision (3) of subsection (a).
History: L. 1985, ch. 237, § 2; L. 1987, ch. 268, § 3; L. 1999, ch. 116, § 5; July 1.
(a) There is established a state advisory council for special education which shall consist of not more than 21 members. Members of the advisory council shall be appointed by the state board of education, and shall serve for a term of three years. No member may serve more than two consecutive terms. Whenever a vacancy occurs in the membership of the advisory council for any reason other than the expiration of the term of a member, the state board shall appoint a successor for the remainder of the unexpired term.
(b) (1) The advisory council established under this section shall be representative of the state population and be comprised of persons involved in, or concerned with, the education of exceptional children, including: (A) Parents of exceptional children, ages birth through 26 years. At least one of such parents shall be the parent of a gifted child; (B) individuals with disabilities; (C) teachers; (D) representatives of institutions of higher education that prepare special education and related services personnel; (E) state and local education officials, including officials who carry out activities under the federal McKinney-Vento homeless education act, 42 U.S.C. § 11431 et seq.; (F) administrators of programs for exceptional children; (G) representatives of other state agencies involved in the financing or delivery of related services to exceptional children; (H) representatives of private schools and public charter schools; (I) at least one representative of a vocational, community, or business organization concerned with the provision of transition services to children with disabilities; (J) representatives from the state juvenile and adult corrections agencies; and (K) a representative from the state agency responsible for foster care of children.
(2) A majority of the members of the advisory council shall be individuals with disabilities or parents of children with disabilities ages birth through 26.
(c) The state advisory council for special education shall:
(1) Advise the state board of unmet needs within the state in the education of exceptional children;
(2) comment publicly on any rules and regulations proposed by the state board regarding the education of exceptional children;
(3) advise the state board in developing evaluations and reporting on data to the federal government;
(4) advise the state board in developing corrective action plans to address findings identified in federal monitoring reports; and
(5) advise the state board in developing and implementing policies relating to the coordination of services for exceptional children.
(d) Members of the state advisory council for special education attending meetings of such council, or attending a subcommittee meeting thereof authorized by the state board, shall be paid subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
(e) The state board shall call the members of the advisory council to meet at least once each year, at which meeting the council shall organize by electing a chairperson and a vice-chairperson. The person in the department specified to be the principal administrator of special education and related services shall be the secretary of the advisory council. The council shall meet upon the call of the chairperson or upon the call of the state board as often as may be necessary at times and places designated by the chairperson or by the state board in order to fulfill the duties prescribed under the provisions of this act.
History: L. 1974, ch. 290, § 4; L. 1982, ch. 292, § 1; L. 1987, ch. 268, § 4; L. 1999, ch. 116, § 6; L. 2005, ch. 171, § 4; July 1.
(a) The state board shall be responsible for the distribution and allocation of state and federal funds for special education. Such moneys shall be expended only in accordance with and for the purposes specified in federal or state law. Payments under this act may be made in installments and in advance or by way of reimbursement, with necessary adjustments for overpayments or underpayments. Federal funds for special education shall be deposited in the state treasury.
(b) The state board is hereby authorized to accept from an individual or individuals, the United States government or any of its agencies or any other public or private body, grants or contributions of money, funds or property which the state board may authorize to be used in accordance with appropriation acts, for or in aid of special education or related services or any of the purposes authorized by the federal law or this act.
(c) (1) Each board may use up to 15% of the amount it receives each year under the federal law to develop and implement coordinated, early intervening services for students in kindergarten through grade 12, with a particular emphasis on students in kindergarten through grade three, who have not been identified as needing special education or related services but who appear to need additional academic and behavioral support to succeed in a general education environment.
(2) In implementing coordinated, early intervening services under this subsection, a board may carry out activities that include:
(A) Providing professional development for teachers and other school staff to enable such personnel to deliver scientifically based academic instruction and behavioral interventions, including scientifically based literacy instruction and, where appropriate, instruction on the use of adaptive and instructional software; and
(B) providing educational and behavioral evaluations, services and supports, including scientifically based literacy instruction.
(3) Each board that develops and maintains coordinated, early intervening services under this subsection shall annually report to the department:
(A) The number of students served under this subsection; and
(B) the number of students served under this subsection who subsequently receive special education and related services under this title during the two-year period preceding each report.
(d) Except for moneys received under K.S.A. 72-3422, and amendments thereto, from cooperative agreements entered into under K.S.A. 72-3412, and amendments thereto, any unencumbered balance of moneys attributable to appropriations by the legislature for special education or related services remaining in the special education fund of a school district on June 30 of the current school year, may be expended in the school year that immediately succeeds such date by the school district for general operating expenses of the school district as approved by the board of education in an amount not to exceed 1/3 of the unencumbered balance of the school district's special education fund.
History: L. 1974, ch. 290, § 5; L. 1999, ch. 116, § 7; L. 2005, ch. 171, § 5; L. 2011, ch. 107, § 2; L. 2012, ch. 155, § 4; L. 2013, ch. 121, § 3; July 1.
(a) (1) Each board shall adopt and implement procedures to assure that all exceptional children residing in the school district, including homeless children, foster care children and children enrolled in private schools, who are in need of special education and related services, are identified, located and evaluated.
(2) Each board shall provide a free appropriate public education for exceptional children enrolled in the school district and for children with disabilities who are placed in a private school or facility by the school district as the means of carrying out the board's obligation to provide a free appropriate public education under this act and for children with disabilities who have been suspended for an extended term or expelled from school.
(3) Each board shall provide exceptional children who are enrolled by their parents in private schools with special education and related services in accordance with state law and federal law.
(b) If an exceptional child, upon referral by a person licensed to practice medicine and surgery, is admitted to a hospital, treatment center, or other health care institution, or to a group boarding home or other care facility, and the institution or facility is located outside the school district in which the child resides, the district in which the institution or facility is located may contract with the district in which a parent of the child resides to provide special education or related services, if such services are necessary for the child. Special education and related services required by this subsection may be provided pursuant to a contract entered into between the board of the school district of which the child is a resident and the board of the school district in which the child is housed. Any such contract shall be subject to the provisions of subsections (a)(3) and (c) of K.S.A. 72-3411, and amendments thereto. If a contract is not entered into between the school districts, the child shall be deemed to be a pupil of the school district which is providing special education and related services to the child. Nothing in this subsection shall be construed to limit or supersede or in any manner affect or diminish the requirements of compliance by each school district with the provisions of subsection (a), but shall operate as a comity of school districts in assuring the provision of special education services for each exceptional child in the state.
(c) (1) Special education and related services required by this section shall meet standards and criteria set by the state board.
(2) The state board shall be responsible for assuring that the requirements of the federal law and this act are met and that all educational programs for exceptional children, including programs administered by any other state agency: (A) Are under the general supervision of individuals who are responsible for educational programs for exceptional children; and (B) meet the educational standards prescribed by the state board.
(3) Provision (2) of this subsection shall not limit the responsibility of any other state agency to provide, or pay for some or all of the costs of, a free appropriate public education for an exceptional child.
(d) Consistent with state and federal law, state agencies shall enter into such interagency agreements as are necessary or advisable in making a free appropriate public education available to all exceptional children residing in the state. The state board shall establish procedures for resolving interagency disputes, including procedures under which local educational agencies may initiate proceedings to secure reimbursement or otherwise implement or seek enforcement of the provisions of the interagency agreement.
(e) Each school board and state agency is prohibited from requiring any child to obtain a prescription for a substance covered by the federal controlled substances act, 21 U.S.C. § 801 et seq., as a condition for the child to attend school or be evaluated or receive special education services under this act.
History: L. 1974, ch. 290, § 6; L. 1979, ch. 219, § 3; L. 1991, ch. 218, § 2; L. 1992, ch. 199, § 1; L. 1999, ch. 116, § 8; L. 2005, ch. 171, § 6; July 1.
(a) Each board, in order to comply with the requirements of this act shall have the authority to:
(1) Provide appropriate special education and related services for exceptional children within its schools.
(2) Provide for appropriate special education and related services in the home, in a hospital or in other facilities.
(3) Contract with another school district for special education and related services. Any such contract may provide for the payment of tuition and other costs by the school district in which the child is enrolled.
(4) Enter into cooperative agreements with one or more other school districts for special education and related services.
(5) Contract with any private nonprofit corporation or any public or private institution, within or outside the state, which has proper special education or related services for exceptional children. Whenever an exceptional child is educated by a private nonprofit corporation or a public or private institution as provided under this paragraph, such child shall be considered a pupil of the school district contracting for such education to the same extent as other pupils of such school district for the purpose of determining entitlements and participation in all state, federal and other financial assistance or payments to such school district.
(6) Furnish transportation for exceptional children, whether such children are residents or nonresidents of such school district, for the provision of special education or related services. In lieu of paying for transportation, the board of the school district in which an exceptional child resides may pay all or part of the cost of room and board for such exceptional child at the place where the special education or related services are provided.
(b) Special education and related services which are provided for exceptional children shall meet standards and criteria set by the state board and shall be subject to approval by the state board.
(c) Any contract entered into by a board under the provisions of this section shall be subject to change or termination by the legislature.
History: L. 1974, ch. 290, § 8; L. 1976, ch. 306, § 1; L. 1999, ch. 116, § 13; July 1.
(a) The boards of any two or more school districts within or outside the state may make and enter into agreements providing for cooperative operation and administration in providing special education and related services for exceptional children on a shared-cost basis, subject to the following:
(1) An agreement shall be effective only after approval by the state board, which approval shall be granted if the special education services provided for in such agreement meet standards and criteria set by the state board.
(2) (A) The duration of an agreement shall be perpetual but the agreement may be partially or completely terminated as hereinafter provided.
(B) Partial termination of an agreement made and entered into by the boards of three or more school districts may be accomplished only upon petition for withdrawal from the agreement made by a contracting school district to the other contracting school districts and approval by the state board of written consent to the petition by such other school districts or upon order of the state board after appeal to it by a school district from denial of consent to a petition for withdrawal and hearing thereon conducted by the state board. The state board shall consider all the testimony and evidence brought forth at the hearing and issue an order approving or disapproving withdrawal by the school district from the agreement.
(C) Complete termination of an agreement made and entered into by the boards of two school districts may be accomplished upon approval by the state board of a joint petition made to the state board for termination of the agreement by both of the contracting school districts after adoption of a resolution to that effect by each of the contracting school districts or upon petition for withdrawal from the agreement made by a contracting school district to the other contracting school district and approval by the state board of written consent to the petition by such other school district or upon order of the state board after appeal to it by a school district from denial of consent to a petition for withdrawal and hearing thereon conducted by the state board. The state board shall consider all the testimony and evidence brought forth at the hearing and issue an order approving or disapproving withdrawal by the school district from the agreement.
(D) Complete termination of an agreement made and entered into by the boards of three or more school districts may be accomplished only upon approval by the state board of a joint petition made to the state board for termination of the agreement by not less than ⅔ of the contracting school districts after adoption of a resolution to that effect by each of the contracting school districts seeking termination of the agreement. The state board shall consider the petition and approve or disapprove termination of the agreement.
(E) The state board shall take such action in approving or disapproving the complete or partial termination of an agreement as the state board deems to be in the best interests of the involved school districts and of the state as a whole in the provision of special education services for exceptional children. Whenever the state board has disapproved the complete or partial termination of an agreement, no further action with respect to such agreement shall be considered or taken by the state board for a period of not less than three years.
(3) An agreement shall designate the sponsoring school district and shall provide for a separate fund thereof, to which each contracting district shall pay the moneys due from it under the agreement. Any school district which is a party to an agreement may be designated the sponsoring district.
(4) An agreement shall specify the method or methods to be employed for disposing of property upon partial or complete termination.
(5) Within the limitations provided by law, an agreement may be changed or modified by mutual consent of the contracting school districts.
(6) An agreement shall be subject to change or termination by the legislature.
(b) The provisions of this section apply to every agreement entered into under authority of this section after the effective date of this act and to every agreement entered into under this section prior to the effective date of this act, and extant on the effective date of this act, regardless of any provisions in such agreement to the contrary.
History: L. 1974, ch. 290, § 9; L. 1987, ch. 269, § 1; L. 1997, ch. 35, § 1; L. 1999, ch. 116, § 14; July 1.
(a) Except as otherwise provided in subsection (b), every state institution shall provide special education and related services for exceptional children housed and maintained in the state institution and such services shall meet standards and criteria set by the state board and shall be subject to approval by the state board. State institutions may contract with local school districts and other appropriate agencies or individuals for special education or related services. Prior to the time any state institution enters into a contract for special education or related services, the services to be provided shall be approved by the state board.
(b) In providing special education or related services to incarcerated children with disabilities, a correctional institution shall be exempt from the requirements of this act to the extent authorized by the federal law.
History: L. 1974, ch. 290, § 11; L. 1975, ch. 365, § 2; L. 1977, ch. 240, § 2; L. 1999, ch. 116, § 15; July 1.
(a) The state board shall prepare and file such reports as are required by the federal law or this act.
(b) School districts and state agencies having data needed by the state board to complete required reports shall furnish such data, as requested, to the state board.
History: L. 1974, ch. 290, § 12; L. 1999, ch. 116, § 16; L. 2005, ch. 171, § 7; July 1.
(a) (1) Subject to the requirements in this section, the parent of an exceptional child or the agency responsible for providing services to the child may initiate a due process hearing regarding any problem arising in regard to any matter governed by this act, if:
(A) The problem about which complaint is made occurred not more than two years before the filing of the complaint and the party filing the complaint knew or should have known about the alleged action that forms the basis of the complaint;
(B) the party filing the complaint or the attorney for that party provides to the other party and to the department, a written due process complaint notice that shall remain confidential and include the following information:
(i) The name of the child, the address of the residence of the child (or in the case of a homeless child or youth, available contact information for the child), and the name of the school the child is attending;
(ii) a description of the nature of the problem and the facts that form the basis of the complaint; and
(iii) a proposed resolution of the problem.
(2) A parent or an agency shall not be entitled to a due process hearing until the parent or agency, or their attorney, files a notice that meets the requirements of this subsection.
(b) (1) Any due process complaint notice filed by a parent shall be deemed to be timely even if presented more than two years after the occurrence of the facts giving rise to the complaint, if:
(A) The agency made specific misrepresentations that it had resolved the problem forming the basis of the complaint; or
(B) the agency withheld information from the parent that is required to be given to the parent under this act.
(2) The due process complaint notice required by subsection (a) shall be deemed to be sufficient unless the party receiving the notice notifies the hearing officer and the other party, in writing, within 15 days of receiving the complaint, that the receiving party believes the notice does not meet the requirements.
(3) Within five days of receipt of the notification provided under subsection (a), the hearing officer shall make a determination of whether the notification meets the requirements of subsection (b)(2) and shall immediately notify the parties, in writing, of such determination.
(c) (1) If the complaint is filed by a parent and the agency has not sent a prior written notice to the parent regarding the problem described in the parent's due process complaint notice, the agency, within 10 days of receiving the complaint, shall send to the parent a response that includes:
(A) An explanation of why the agency proposed or refused to take the action raised in the complaint, or an appropriate reply if the problem does not address proposed or refused action by the agency;
(B) a description of other options that the IEP team considered and the reasons why those options were rejected;
(C) a description of each evaluation procedure, assessment, record or report the agency used as the basis for any action it has proposed or refused; and
(D) a description of the factors that are relevant to the agency's proposal or refusal, or in reply to the complaint.
(2) The fact an agency gives notice to a parent pursuant to paragraph (1) shall not preclude such agency from asserting that the parent's due process complaint notice is insufficient.
(d) The non-complaining party, within 10 days of receiving the complaint, shall send to the complaining party a response that specifically addresses the issues raised in the complaint.
(e) (1) A party may amend its due process complaint notice only if:
(A) The other party consents in writing to such amendment and is given the opportunity to resolve the complaint through a meeting held pursuant to K.S.A. 72-3416, and amendments thereto; or
(B) the hearing officer grants permission, except that such permission shall be granted not less than five days before a due process hearing occurs.
(2) The applicable timeline for a due process hearing shall recommence at the time the party files an amended notice, including the timeline for resolution of the complaint.
(f) (1) Nothing in this section shall be construed to preclude a parent or an agency from filing a separate due process complaint on an issue different from issues presented in a due process complaint already filed.
(2) Upon motion of either party and if deemed appropriate by the due process hearing officer presiding in the initial hearing, the issues raised in the separate complaints may be considered and resolved in the same due process hearing.
History: L. 2005, ch. 171, § 8; July 1.
(a) (1) Except as hereinafter provided, within 15 days of receipt of a due process complaint notice from a parent, the agency shall convene a meeting with the parent and the member or members of the IEP team who have specific knowledge of the facts identified in the complaint, and a representative of the agency who has the authority to make binding decisions on behalf of the agency. This meeting shall not include the agency's attorney unless the parent is accompanied by an attorney.
(2) At this meeting, the parent of the child shall discuss and explain the complaint, including the facts that form the basis of the complaint and the agency shall be provided the opportunity to resolve the complaint.
(3) If the meeting of the parties results in a resolution of the complaint, the parties shall execute a written agreement that both the parent and the representative of the agency shall sign and that, at a minimum, includes the following statements:
(A) The agreed upon resolution of each issue presented in the complaint;
(B) that each party understands that the agreement is legally binding upon them, unless the party provides written notice to the other party, within three days of signing the agreement, that the party giving notice is voiding the agreement; and
(C) if not voided, each party understands that the agreement may be enforced in state or federal court.
(4) If a resolution of the complaint is not reached at the meeting held under this subsection and the agency has not resolved the complaint to the satisfaction of the parent within 30 days of the agency's receipt of the complaint, the due process hearing procedures shall be implemented and all of the applicable timelines for a due process hearing shall commence. All discussions that occurred during the meeting shall be confidential and may not be used as evidence in any subsequent hearing or civil proceeding.
(5) A meeting shall not be required under this subsection if the parent and the agency agree, in writing, to waive such a meeting, or they agree to use mediation to attempt to resolve the complaint.
(b) Any due process hearing provided for under this act, shall be held at a time and place reasonably convenient to the parent of the involved child, be a closed hearing unless the parent requests an open hearing and be conducted in accordance with procedural due process rights, including the following:
(1) The right of the parties to be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities;
(2) the right of the parties to be present at the hearing;
(3) the right of the parties to confront and cross-examine witnesses who appear in person at the hearing, either voluntarily or as a result of the issuance of a subpoena;
(4) the right of the parties to present witnesses in person or their testimony by affidavit, including expert medical, psychological or educational testimony;
(5) the right of the parties to prohibit the presentation of any evidence at the hearing which has not been disclosed to the opposite party at least five days prior to the hearing, including any evaluations completed by that date and any recommendations based on such evaluations;
(6) the right to prohibit the other party from raising, at the due process hearing, any issue that was not raised in the due process complaint notice or in a prehearing conference held prior to the hearing;
(7) the right of the parties to have a written or, at the option of the parent, an electronic, verbatim record of the hearing; and
(8) the right to a written or, at the option of the parent, an electronic decision, including findings of facts and conclusions.
(c) Except as provided by subsection (a), each due process hearing, other than an expedited hearing under K.S.A. 72-3435, and amendments thereto, shall be held not later than 35 days from the date on which the request therefor is received. The parties shall be notified in writing of the time and place of the hearing at least five days prior thereto. At any reasonable time prior to the hearing, the parent and the counsel or advisor of the involved child shall be given access to all records, tests, reports or clinical evaluations relating to the proposed action.
(d) (1) Except as otherwise provided in K.S.A. 72-3435, and amendments thereto, during the pendency of any proceedings conducted under this act, unless the agency and parent otherwise agree, the child shall remain in the then-current educational placement of such child.
(2) If proceedings arise in connection with the initial admission of the child to school, the child shall be placed in the appropriate regular education classroom or program in compliance with K.S.A. 72-3120, and amendments thereto, unless otherwise directed pursuant to K.S.A. 72-3434, and amendments thereto.
(e) Subject to the provisions of K.S.A. 72-3417, and amendments thereto, the agency shall appoint a hearing officer for the purpose of conducting the hearing. Members of the state board, the secretary for children and families, the secretary of corrections, the commissioner of the juvenile justice authority, and members of any board or agency involved in the education of the child shall not serve as hearing officers. No hearing officer shall be any person responsible for recommending the proposed action upon which the hearing is based, any person having a personal or professional interest which would conflict with objectivity in the hearing, or any person who is an employee of the state board or any agency involved in the education of the child. A person shall not be considered an employee of the agency solely because the person is paid by the agency to serve as a hearing officer. Each agency shall maintain a list of hearing officers. Such list shall include a statement of the qualifications of each hearing officer. Each hearing officer and each state review officer shall be qualified in accordance with standards and requirements established by the state board and shall have satisfactorily completed a training program conducted or approved by the state board.
(f) (1) Any party to a due process hearing who has grounds to believe that the hearing officer cannot afford the party a fair and impartial hearing due to bias, prejudice or a conflict of interest may file a written request for the hearing officer to disqualify such officer and have another hearing officer appointed by the state board. Any such written request shall state the grounds for the request and the facts upon which the request is based.
(2) If a request for disqualification is filed, the hearing officer shall review the request and determine the sufficiency of the grounds stated in the request. The hearing officer then shall prepare a written order concerning the request and serve the order on the parties to the hearing. If the grounds are found to be insufficient, the hearing officer shall continue to serve as the hearing officer. If the grounds are found to be sufficient, the hearing officer immediately shall notify the state board and request the state board to appoint another hearing officer.
(g) (1) Except as provided in paragraph (2), the decision of the hearing officer in each due process hearing shall be based on substantive grounds and a determination of whether the child received a free appropriate public education.
(2) In due process hearings in which procedural violations are alleged, the hearing officer may find that the child did not receive a free appropriate public education only if the hearing officer concludes the procedural violations did occur and those violations:
(A) Impeded the child's right to a free appropriate public education;
(B) significantly impeded the parents' opportunity to participate in the decision making process regarding the provision of a free appropriate public education to the parents' child; or
(C) caused a deprivation of educational benefits.
(3) Nothing in this subsection shall be construed to preclude a hearing officer from ordering a local educational agency to comply with procedural requirements under this act.
(h) Whenever a hearing officer conducts any hearing, such hearing officer shall render a decision on the matter, including findings of fact and conclusions, not later than 10 days after the close of the hearing. The decision shall be written or, at the option of the parent, shall be an electronic decision. Any action of the hearing officer in accordance with this subsection shall be final, subject to appeal and review in accordance with this act.
History: L. 1974, ch. 290, § 14; L. 1977, ch. 241, § 2; L. 1978, ch. 286, § 2; L. 1980, ch. 216, § 3; L. 1983, ch. 237, § 1; L. 1986, ch. 318, § 127; L. 1991, ch. 218, § 3; L. 1999, ch. 116, § 20; L. 2005, ch. 171, § 9; L. 2014, ch. 115, § 283; July 1.
Prior to appointing any hearing officer to conduct a due process hearing provided for under this act, the agency shall make its list of hearing officers available to the parent of the involved child and shall inform the parent of the right to request disqualification of any or all of the hearing officers on the list and to request the state board to appoint a hearing officer in accordance with the procedure provided in this subsection. If the parent does not give written notice of disqualification to the agency within five days after the parent receives the list, the agency may appoint from its list any hearing officer whom the parent has not requested to be disqualified. If the parent requests disqualification of all of the hearing officers and requests the appointment of a hearing officer by the state board, the agency shall immediately notify the state board and shall request the state board to appoint a hearing officer.
History: L. 1983, ch. 237, § 3; L. 1991, ch. 218, § 4; L. 1999, ch. 116, § 21; July 1.
(a) Written notice of the result of any hearing provided for under this act shall be given to the agency providing for the hearing and shall be sent by certified mail to the parent, or attorney of the child within 24 hours after the result is determined. Such decision, after deletion of any personally identifiable information contained therein, shall be transmitted to the state board which shall make the decision available to the state advisory council for special education and to the public upon request.
(b) (1) Any party to a due process hearing provided for under this act may appeal the decision to the state board by filing a written notice of appeal with the commissioner of education not later than 30 calendar days after the date of the postmark on the written notice specified in subsection (a). A review officer appointed by the state board shall conduct an impartial review of the decision. The review officer shall render a decision not later than 20 calendar days after the notice of appeal is filed. The review officer shall: (A) Examine the record of the hearing; (B) determine whether the procedures at the hearing were in accordance with the requirements of due process; (C) afford the parties an opportunity for oral or written argument, or both, at the discretion of the review officer; (D) seek additional evidence if necessary; (E) render an independent decision on any such appeal not later than five days after completion of the review; and (F) send the decision on any such appeal to the parties and to the state board.
(2) For the purpose of reviewing any hearing and decision under provision (1), the state board may appoint one or more review officers. Any such appointment may apply to a review of a particular hearing or to reviewing a set or class of hearings as specified by the state board in making the appointment.
(c) Subject to the provisions of subsection (e), any action of a review officer pursuant to this section is subject to review in accordance with the Kansas judicial review act or to an action in federal court as allowed by the federal law.
(d) Consistent with state court actions, any action in federal court shall be filed within 30 days after service of the review officer's decision.
(e) In any action brought under subsection (c), the court:
(1) Shall receive the records of the administrative proceedings;
(2) if it deems necessary, shall hear additional evidence at the request of a party;
(3) basing its decision on the preponderance of the evidence, shall grant such relief as the court determines is appropriate; and
(4) in accordance with the federal law, may award attorneys' fees to the prevailing party in any due process hearing or judicial action brought in accordance with this act.
History: L. 1974, ch. 290, § 15; L. 1974, ch. 291, § 1; L. 1977, ch. 241, § 3; L. 1978, ch. 286, § 3; L. 1978, ch. 287, § 1; L. 1980, ch. 216, § 4; L. 1982, ch. 292, § 2; L. 1986, ch. 318, § 128; L. 1991, ch. 218, § 5; L. 1993, ch. 63, § 1; L. 1999, ch. 116, § 22; L. 2005, ch. 171, § 10; L. 2010, ch. 17, § 177; July 1.
(a) Any person conducting a hearing or review under this act may administer oaths for the purpose of taking testimony therein.
(b) Any person conducting a hearing or review under this act or any party to any such hearing or review may request the clerk of the district court to issue subpoenas for the attendance and testimony of witnesses and the production of all relevant records, tests, reports and evaluations in the same manner provided for the issuance of subpoenas in civil actions pursuant to K.S.A. 60-245, and amendments thereto.
(c) Any person conducting a hearing or review under this act, at the request of either party, may grant specific extensions of time beyond the limitations specified in this act.
(d) Any person conducting a hearing under this act shall consider any request for discovery in accordance with the provisions of K.S.A. 77-522, and amendments thereto, except that depositions of witnesses who will be available for the hearing shall not be allowed.
(e) Every hearing and review under this act shall be provided for at no cost to the child or the parent of the child. The costs of any hearing provided for by a board shall be paid by the school district.
(f) Any review officer conducting a review under this act may hold a hearing to receive additional evidence. Every such hearing shall be conducted in accordance with requirements which are consonant with the requirements of this act.
History: L. 1974, ch. 290, § 16; L. 1974, ch. 291, § 2; L. 1977, ch. 241, § 4; L. 1978, ch. 286, § 4; L. 1980, ch. 216, § 5; L. 1982, ch. 292, § 3; L. 1999, ch. 116, § 23; July 1.
(a) Each school district shall be required, to the maximum extent appropriate, to educate children with disabilities with children who are not disabled, and to provide special classes, separate schooling or for the removal of children with disabilities from the regular education environment only when the nature or severity of the disability of the child is such that education in regular classes with supplementary aids and services cannot be achieved satisfactorily.
(b) Nothing in this section shall be construed to authorize the state board or any board to function as an admitting agency to the state institutions or to limit or supersede or in any manner affect the requirements of each board to comply with the provisions of K.S.A. 72-3410, and amendments thereto, to provide special education services for each exceptional child in the school district unless and until such child meets the criteria for admission to a state institution and is so admitted by the state institution. Each state institution shall publish the criteria for admission to such state institution and shall furnish such criteria to each board upon request therefor.
History: L. 1974, ch. 290, § 17; L. 1975, ch. 365, § 3; L. 1977, ch. 240, § 3; L. 1999, ch. 116, § 24; July 1.
(a) Except as otherwise provided in this section, it shall be the duty of the parent of each exceptional child to require such child to attend school to receive the special education and related services which are indicated on the child's IEP or to provide for such services privately.
(b) The provisions of subsection (a) do not apply to gifted children or to parents of gifted children.
History: L. 1974, ch. 290, § 18; L. 1980, ch. 216, § 6; L. 1999, ch. 116, § 25; July 1.
(a) Each year, the state board of education shall determine the amount of state aid for the provision of special education and related services each school district shall receive for the ensuing school year. The amount of such state aid shall be computed by the state board as provided in this section.
(b) (1) The state board shall determine the total amount of special education state aid to be provided to school districts for the provision of special education and related services as follows:
(A) Determine the total weighted full-time equivalent student enrollment as provided on the legal maximum general fund calculation data computed by the state department of education excluding the special education and related services weighting, bilingual weighting, transportation weighting, career technical education weighting and at-risk student weighting;
(B) multiply the amount determined in paragraph (1)(A) by the base aid for student excellence established pursuant to K.S.A. 72-5132, and amendments thereto;
(C) divide the amount obtained in paragraph (1)(B) by the total number of unweighted full-time equivalent students enrolled in all school districts on September 20;
(D) determine the total full-time equivalent enrollment of exceptional children receiving special education and related services provided by all school districts;
(E) multiply the amount of the quotient obtained in paragraph (1)(C) by the full-time equivalent enrollment determined in paragraph (1)(D);
(F) multiply the amount of the product obtained in paragraph (1)(E) by the statewide average local option budget authorized percent;
(G) add the amount determined in paragraph (1)(E) to the amount determined in paragraph (1)(F);
(H) determine the amount of federal funds received by all school districts for the provision of special education and related services;
(I) determine the amount of revenue received by all school districts for medicaid reimbursements and rendered under contracts with the state institutions for the provisions of special education and related services by the state institution;
(J) add the amounts determined under paragraphs (1)(G) through (1)(I);
(K) determine the total amount of expenditures of all school districts for the provision of special education and related services;
(L) subtract the amount of the sum obtained under paragraph (1)(J) from the amount determined under paragraph (1)(K); and
(M) multiply the amount determined under paragraph (1)(L) by 92%.
(2) Subject to appropriation acts of the legislature, the computed amount is the total amount of state aid that shall be received for the provision of special education and related services by school districts for the ensuing school year.
(c) Except as provided in subsection (e), each school district shall receive:
(1) Reimbursement for actual travel allowances paid to special teachers at not to exceed the rate specified under K.S.A. 75-3203, and amendments 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;
(2) 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;
(3) 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
(4) (A) except for those school districts that receive reimbursement under subsection (c)(4)(D) or (c)(4)(E), after subtracting the amounts of reimbursement under subsections (c)(1), (c)(2) and (c)(3) 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 that are employed by the school district for approved special education or related services bears to the total number of such qualified full-time equivalent special teachers employed by all school districts for approved special education or related services.
(B) 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 provide special education or related services to exceptional children.
(C) For purposes of this paragraph, a special teacher, qualified to assist in the provision of special education and related services to exceptional children, who assists in providing special education and related services to exceptional children at either the state school for the blind or the state school for the deaf and whose services are paid for by a school district pursuant to K.S.A. 76-1006 or 76-1102, and amendments thereto, shall be considered a special teacher of such school district.
(D) Each school district that has paid amounts for the provision of special education and related services under an interlocal agreement shall receive reimbursement under this paragraph. The amount of such reimbursement for the school district shall be the amount that bears the same relation to the aggregate amount available for reimbursement for the provision of special education and related services under the interlocal agreement, as the amount paid by such school 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.
(E) Each contracting school district that has paid amounts for the provision of special education and related services as a member of a cooperative shall receive reimbursement under this paragraph. The amount of such reimbursement for the school district shall be the amount that bears the same relation to the aggregate amount available for reimbursement for the provision of special education and related services by the cooperative, as the amount paid by such school 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 districts in the current school year by such cooperative for provision of such special education and related services.
(d) For fiscal year 2025, and each fiscal year thereafter, the legislature shall appropriate from the state general fund in the special education services aid account of the state department of education an amount that is equal to or greater than $601,018,818.
(e) (1) In fiscal year 2025, and each fiscal year thereafter, the state department of education shall distribute from the special education services aid account of the state general fund an amount equal to $528,018,516, to school districts pursuant to the statutory distribution schedule established pursuant to subsection (c).
(2) For fiscal year 2025, and each fiscal year thereafter, the state board of education shall establish a special education services aid equalization distribution schedule that prioritizes equalizing special education services aid distributions to school districts. When establishing or revising the special education services aid equalization distribution schedule, the state board of education shall give consideration to the discrepancies between each school district's excess cost as determined pursuant to K.S.A. 2025 Supp. 72-3422a, and amendments thereto. The purpose of such special education services aid equalization distribution schedule shall be to provide for a more equitable distribution of special education state aid among school districts based on each school district's excess costs.
(3) Notwithstanding the provisions of subsection (c), for fiscal year 2025, and each fiscal year thereafter, the state department of education shall:
(A) Determine the total amount appropriated for such fiscal year from the state general fund in the special education services aid account of the state department of education;
(B) subtract $528,018,516 from the amount determined pursuant to paragraph (3)(A); and
(C) distribute the amount of the difference determined under paragraph (3)(B) to school districts pursuant to the special education services aid equalization distribution schedule established by the state board of education pursuant to paragraph (2).
(f) No time spent by a special teacher in connection with duties performed under a contract entered into by the Kansas juvenile correctional complex, the Larned juvenile 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 section.
(g) (1) There is hereby established in every school district a special education fund that shall consist of all moneys deposited therein or transferred thereto according to law. Notwithstanding any other provision of law, all moneys received by the school district from whatever source for special education shall be credited to the special education fund established by this section, except that: (A) Amounts of payments received by a school district under K.S.A. 72-3423, and amendments thereto, and amounts of grants, if any, received by a school district under K.S.A. 72-3425, and amendments thereto, shall be deposited in the general fund of the district and transferred to the special education fund; and (B) moneys received by a school district pursuant to lawful agreements made under K.S.A. 72-3412, and amendments thereto, shall be credited to the special education fund established under the agreements.
(2) The expenses of a school district directly attributable to special education shall be paid from the special education fund and from special funds established under K.S.A. 72-3412, and amendments thereto.
(3) Obligations of a school district pursuant to lawful agreements made under K.S.A. 72-3412, and amendments thereto, shall be paid from the special education fund established by this section.
History: L. 1974, ch. 290, § 19; L. 1976, ch. 307, § 1; L. 1986, ch. 265, § 1; L. 1987, ch. 270, § 1; L. 1992, ch. 280, § 39; L. 1996, ch. 229, § 120; L. 1997, ch. 156, § 84; L. 1999, ch. 116, § 26; L. 2002, ch. 196, § 1; L. 2003, ch. 72, § 3; L. 2005, ch. 152, § 10; L. 2005, ch. 2, § 17 (Special Session); L. 2006, ch. 197, § 7; L. 2010, ch. 4, § 3; L. 2010, ch. 155, § 21; L. 2011, ch. 107, § 3; L. 2012, ch. 155, § 1; L. 2013, ch. 133, § 25; L. 2015, ch. 4, § 28; L. 2017, ch. 95, § 60; L. 2024, ch. 111, § 14; July 1.
(a) Each year, prior to making any special education state aid distributions to school districts pursuant to K.S.A. 72-3422, and amendments thereto, the state board of education shall determine each school district's excess cost as follows:
(1) Determine the school district's weighted full-time equivalent student enrollment excluding the special education weighted full-time equivalent as provided on the legal maximum general fund calculation data computed by the state department of education excluding the special education and related services weighting, bilingual weighting, transportation weighting, career technical education weighting and at-risk student weighting;
(2) multiply the amount determined in paragraph (1) by the base aid for student excellence established pursuant to K.S.A. 72-5132, and amendments thereto;
(3) divide the amount obtained in paragraph (2) by the total number of unweighted full-time equivalent students enrolled in the school district on September 20;
(4) determine the total full-time equivalent enrollment of exceptional children receiving special education and related services provided by all school districts;
(5) multiply the amount of the quotient obtained in paragraph (3) by the full-time equivalent enrollment determined in paragraph (4);
(6) multiply the amount of the product obtained in paragraph (5) by the school district's local option budget authorized percent;
(7) add the amount determined in paragraph (5) to the amount determined in paragraph (6);
(8) determine the amount of federal funds received by the school district for the provision of special education and related services;
(9) determine the amount of revenue received by the school district for medicaid reimbursements and rendered under contracts with the state institutions for the provision of special education and related services by the state institution;
(10) add the amounts determined under paragraphs (7) through (9);
(11) determine the total amount of expenditures of the school district for the provision of special education and related services; and
(12) subtract the amount of the sum obtained under paragraph (10) from the amount determined under paragraph (11). The amount determined under this paragraph shall be the school district's excess cost.
(b) To determine excess costs pursuant to subsection (a) for any school district that has paid for the provision of special education and related services under an interlocal agreement or as a member of a cooperative, the state board of education shall assign the costs for the provision of special education and related services to each participating school district in an amount that bears the same relation as the amount paid by the school district in the current school year for the provision of special education and related services bears to the aggregate of all amounts paid by all school districts that are subject to such interlocal agreement or that are participating in such cooperative membership agreement.
(c) Each year, the state department of education shall:
(1) Report to each school district the school district's excess cost determined pursuant to subsection (a);
(2) publish the excess cost determinations made for each school district pursuant to subsection (a) on the state department of education's website; and
(3) on or before January 31 of each year, prepare and submit a report to the house standing committee on K-12 education budget and the senate standing committee on education, or any successor committees, that provides a computation of school district excess costs as determined pursuant to subsection (a) and the special education services aid equalization distribution schedule established by the state board of education for distributions of special education state aid pursuant to K.S.A. 72-3422(e), and amendments thereto.
(d) This section shall take effect and be in force from and after July 1, 2024.
History: L. 2024, ch. 111, § 5; May 30.
(a) Payments under this act of state aid for the provision of special education and related services shall be made in the manner and at such times during each school year as are determined by the state board. All amounts received by a district under this section shall be deposited in the general fund of the district and transferred to its special education fund. If any district is paid more than it is entitled to receive under any distribution made under this act, the state board shall notify the district of the amount of such overpayment, and such district shall remit the same to the state board. The state board shall remit any moneys so received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund. If any such district fails so to remit, the state board shall deduct the excess amounts so paid from future payments becoming due to such district. If any district is paid less than the amount to which it is entitled under any distribution made under this act, the state board shall pay the additional amount due at any time within the school year in which the underpayment was made or within 60 days after the end of such school year. If the amount of appropriations for state aid for the provision of special education and related services is insufficient to pay in full the amount of state aid each school district is entitled to receive for the school year, the state board shall prorate the amount appropriated among all school districts.
(b) The state board shall prescribe all forms necessary for reporting under this act.
(c) Every board shall make such periodic and special reports of information to the state board as it may request in order to carry out its responsibilities under this act.
History: L. 1974, ch. 290, § 20; L. 1999, ch. 116, § 27; L. 2001, ch. 215, § 12; L. 2002, ch. 164, § 2; L. 2005, ch. 152, § 11; July 1.
The department, upon request, shall: (1) Give technical advice and assistance to any agency in connection with the establishment and maintenance of special education and related services for exceptional children; (2) make recommendations to any agency concerning appropriate special education or related services to be provided to exceptional children; and (3) consider and give advice to any agency concerning problems encountered by such agency in complying with the requirements of this act.
History: L. 1975, ch. 365, § 4; L. 1999, ch. 116, § 28; July 1.
(a) In school year 2010-2011 and in each school year thereafter, to the extent that appropriations are available, each school district which has provided special education or related services for an exceptional child is eligible to receive catastrophic state aid in an amount determined by the state board. The state board shall:
(1) Determine the cost of providing special education and related services to an exceptional child in the school district for which an application for catastrophic state aid has been submitted;
(2) determine the amount of state aid the district received under K.S.A. 72-3422, and amendments thereto, in the current school year for such exceptional child;
(3) subtract the amount determined under (2) from the amount determined under (1);
(4) determine the amount of state aid paid per special teacher under K.S.A. 72-3422, and amendments thereto, in the preceding school year;
(5) multiply the amount determined under (4) by 2;
(6) subtract the product obtained under (5) from the difference obtained under (3);
(7) multiply the difference obtained under (6) by .75. The product is the amount of catastrophic state aid the district is eligible to receive for such exceptional child.
(b) In order to be eligible for catastrophic state aid, a school district shall submit to the state board of education an application for such aid, a description of the special education or related services provided, the name or names of the child or children for whom provided and the amount expended to provide such special education or related services. School districts shall not be eligible for catastrophic state aid for amounts expended but which are reimbursed or otherwise financed with state aid received under K.S.A. 72-3422 or K.S.A. 72-3440, and amendments thereto, or aid received under federal law. The application and description 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 catastrophic state aid is prerequisite to the award of such aid.
(c) Each school district which is awarded catastrophic state aid 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 transferred to its special education fund.
(e) The state board of education shall:
(1) Prescribe and adopt criteria for identification and determination of excessive costs attributable to the provision of special education and related services for which an application for catastrophic state aid may be made under this section;
(2) approve applications of school districts for catastrophic state aid;
(3) determine the amount of catastrophic state aid and be responsible for payment of such aid to school districts; and
(4) prescribe all forms necessary for reporting under this section.
(f) If the amount of appropriations for the payment of catastrophic state aid is insufficient to pay in full the amount each school district is determined to be eligible to receive for the school year, the state board shall prorate the amount appropriated among all school districts which are eligible to receive such state aid in proportion to the amount each school district is determined to be eligible to receive.
(g) The state board shall determine the amount of moneys each school district is eligible to receive under this section prior to determining the amount of moneys each school district is eligible to receive under K.S.A. 72-3422, and amendments thereto.
(h) In school year 2009-2010 and to the extent that appropriations are available, each school district which has provided special education or related services for an exceptional child whose IEP provides for services which cost in excess of $36,000 for such school year is eligible to receive catastrophic state aid in an amount equal to 75% of that portion of the costs, incurred by the district in the provision of special education or related services for the child, that is in excess of $36,000. School districts shall not be eligible for catastrophic state aid for amounts expended but which are reimbursed or otherwise financed with state aid received under K.S.A. 72-3422 or K.S.A. 72-3440, and amendments thereto, or aid received under federal law.
History: L. 1994, ch. 307, § 10; L. 1999, ch. 116, § 29; L. 2001, ch. 215, § 13; L. 2010, ch. 127, § 1; April 29.
The state board shall:
(1) Establish goals for the performance of children with disabilities in the state that: (A) Will promote the purposes of this act; (B) are consistent, to the maximum extent appropriate, with other goals and standards for children established by the state board; (C) are the same as the goals included in the state's definition of adequate yearly progress under the federal no child left behind act of 2004, including the state's objectives for progress by children with disabilities; and (D) address graduation rates, dropout rates, and other factors as determined by the state board;
(2) establish performance indicators the state will use to assess progress toward achieving the goals designated in paragraph (1), including the measurable annual objectives for progress by children with disabilities; and
(3) annually report to the secretary of the U.S. department of education, and to the public, the progress of the state, and of children with disabilities in the state, toward meeting the goals established under this section.
History: L. 1999, ch. 116, § 9; L. 2005, ch. 171, § 11; July 1.
(a) (1) The state board and each board shall include exceptional children in general state and district-wide assessment programs, including assessments described in the federal no child left behind act of 2004 with appropriate accommodations and alternate assessments where necessary and as indicated in the children's respective IEPs.
(2) In accordance with the federal law, the state board and each board shall develop guidelines for: (A) The provision of appropriate accommodations; and (B) for the participation of children with disabilities in alternate assessments for those children who cannot participate in regular state and district-wide assessments as indicated in their respective IEPs.
(3) The guidelines for alternative assessments shall meet the requirements of the federal law.
(b) The state board, and each local board with respect to district assessments, shall make available to the public, and report to the public with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following:
(1) The number of children with disabilities participating in regular assessments and the number of those children who were provided accommodations in order to participate in those assessments;
(2) the number of children with disabilities participating in alternate assessments that are: (A) Aligned with the state's challenging academic and achievement standards; or (B) based upon the achievement of children with disabilities; and
(3) the performance of children with disabilities on regular assessments and on alternate assessments if doing so would be statistically sound and would not result in the disclosure of personally identifiable information about an individual student compared with the achievement of all children, including children with disabilities, on those assessments.
History: L. 1999, ch. 116, § 10; L. 2005, ch. 171, § 12; July 1.
(a) (1) An agency shall conduct a full and individual initial evaluation in accordance with this section before the initial provision of special education and related services to an exceptional child.
(2) An initial evaluation may be initiated either by the parent of a child or by an agency.
(3) An initial evaluation shall consist of procedures to determine whether a child is an exceptional child and the educational needs of such child.
(4) The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation under this act.
(5) An agency proposing to conduct an initial evaluation of a child shall obtain informed consent from the parent of such child before the evaluation is conducted. Parental consent for evaluation shall not be construed as consent for placement for receipt of special education and related services.
(6) If the parent of a child refuses consent for an initial evaluation of the child, or fails to respond to a written request to provide consent, the agency may, but shall not be required to, continue to pursue an initial evaluation by utilizing the mediation or due process procedures prescribed in this act.
(b) An agency shall provide notice to the parents of a child that describes any evaluation procedures such agency proposes to conduct. In conducting the evaluation, the agency shall:
(1) Use a variety of assessment tools and strategies to gather relevant functional, developmental and academic information, including information provided by the parent, that may assist in determining whether the child is an exceptional child and the content of the child's individualized education program, including information related to enabling the child to be involved, and progress, in the general education curriculum or, for preschool children, to participate in appropriate activities;
(2) not use any single measure or assessment as the sole criterion for determining whether a child is an exceptional child or determining an appropriate educational program for the child;
(3) use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors; and
(4) in determining whether a child has a specific learning disability, not be required to take into consideration whether the child has a severe discrepancy between achievement and intellectual ability, and may use a process that determines if the child responds to scientific, research-based intervention as part of the child's evaluation.
(c) An agency shall ensure that:
(1) Assessments and other evaluation materials used to assess a child under this section: (A) Are selected and administered so as not to be discriminatory on a racial or cultural basis; (B) are provided and administered in the language and form most likely to yield accurate information on what the child knows and is able to do academically, developmentally and functionally, unless it is not feasible to so provide or administer; (C) are valid and reliable for the specific purpose for which they are used; (D) are administered by trained and knowledgeable personnel; and (E) are administered in accordance with instructions provided by the producer of such tests;
(2) the child is assessed in all areas of suspected exceptionality;
(3) assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are provided; and
(4) the assessments of any child who transfers from another agency during the school year are coordinated with the child's prior school, as necessary and as expeditiously as possible, to ensure prompt completion of an evaluation begun by the prior school.
(e) Upon completion of the administration of assessments and other evaluation materials:
(1) The determination of whether the child is an exceptional child shall be made by a team of qualified professionals and the parent of the child in accordance with this section; and
(2) a copy of the evaluation report and the documentation of determination of eligibility shall be given to the parent.
(f) In making a determination of eligibility under this section, a child shall not be determined to be an exceptional child if the determinant factor for such determination is lack of instruction in reading, including instruction using the essential components of reading instruction, math or limited English proficiency.
(g) (1) If it is determined that a child is an exceptional child, the agency shall seek consent from the parent of the child to provide special education and related services to the child. No such services shall be provided until consent is given by the parent.
(2) If the parent of a child refuses to consent to the provision of services, or fails to respond to a request for consent to services, the agency: (A) Shall not initiate any procedure or proceeding under this act to gain authority to provide services to the child;
(B) shall not be considered to be in violation of the requirement to provide a free appropriate public education to the child; and
(C) shall not be required to convene an IEP meeting or develop an IEP for the child.
(h) (1) Each agency shall ensure that a reevaluation of each exceptional child is conducted:
(A) If the agency determines that the educational or related services needs of the child, including academic achievement or functional performance, warrant a reevaluation; or
(B) if the child's parent or teacher requests a reevaluation.
(2) An agency shall conduct a reevaluation of a child:
(A) Not more frequently than once a year, unless the parent and the agency agree otherwise; and
(B) at least once every three years, unless the parent and the agency agree that a reevaluation is unnecessary.
(i) As part of an initial evaluation, if appropriate, and as part of any reevaluation under this section, the IEP team and other qualified professionals, as appropriate, shall:
(1) Review existing evaluation data on the child, including evaluations and information provided by the parents of the child, current classroom-based assessments and observations, and teacher and related services providers' observations; and
(2) on the basis of that review, and input from the child's parents, identify what additional data, if any, are needed to determine: (A) Whether the child is an exceptional child and the educational needs of the child, or in the case of a reevaluation of a child, whether the child continues to be an exceptional child and the current educational needs of the child; (B) the present levels of academic and related needs of the child; (C) whether the child needs special education and related services; or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and (D) whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the IEP of the child and to participate, as appropriate, in the general education curriculum.
(j) Each agency shall obtain informed parental consent prior to conducting any reevaluation of an exceptional child, except that such informed consent need not be obtained if the agency can demonstrate that it took reasonable measures to obtain such consent and the child's parent failed to respond.
(k) If the IEP team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the child continues to be an exceptional child and the child's educational needs, the agency:
(1) Shall notify the child's parents of: (A) That determination and the reasons for it; and (B) the rights of such parents to request an assessment to determine whether the child continues to be an exceptional child and the child's educational needs; and
(2) shall not be required to conduct such an assessment unless requested by the child's parents.
(l) (1) Except as provided in paragraph (2), an agency shall reevaluate a child in accordance with this section before determining that the child is no longer an exceptional child.
(2) A reevaluation of a child shall not be required before termination of a child's eligibility for services under this act due to graduation from secondary school with a regular diploma, or due to exceeding the age for eligibility for services under this act.
(m) For a child whose eligibility for services under this act terminates under either of the circumstances described in subsection (l), the agency shall provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child's postsecondary goals.
History: L. 1999, ch. 116, § 11; L. 2005, ch. 171, § 13; July 1.
(a) (1) Except as specified in provision (2), at the beginning of each school year, each agency shall have an individualized education program in effect for each exceptional child.
(2) (A) In the case of a child with a disability aged three through five and for two year-old children with a disability who will turn age three during the school year, an individualized family service plan that contains the material described in 20 U.S.C. § 1436, and that is developed in accordance with this section, may serve as the IEP of the child if using that plan as the IEP is agreed to by the agency and the child's parents.
(B) In conducting the initial IEP meeting for a child who was previously served under part C of the federal law, an agency, at the request of the parent, shall send an invitation to attend the IEP meeting to the part C services coordinator or other representatives of the part C system to assist with the smooth transition of services.
(b) (1) Except as otherwise provided in this section, each IEP of an exceptional child and any amendment or modification of an IEP shall be made by the child's IEP team. Upon agreement of the parent and the agency, an IEP team can meet in person or by alternative means, including telephone conference calls and video conferences.
(2) A member of a child's IEP team shall not be required to attend an IEP meeting, if the parent of the child and the agency agree that the attendance of such IEP member is not necessary because the IEP member's area of curriculum or related service is not to be discussed or modified at the meeting. The parent's agreement shall be in writing.
(3) A member of a child's IEP team may be excused from attending an IEP meeting when the meeting is to involve a discussion of, and possibly a modification to, the IEP member's area of the curriculum or related service, if:
(A) The parent and the agency consent to the excusal;
(B) the IEP member submits, in writing to the parent and the IEP team, input into the development of the IEP prior to the meeting; and
(C) the parent's consent to the excusal is in writing.
(4) (A) After the annual IEP meeting for a school year, the parent of an exceptional child and an appropriate representative of the agency providing services to the child may agree to develop a written document amending or modifying the child's current IEP, without convening an IEP meeting.
(B) If the parent and agency representative develop a written document amending or modifying a child's current IEP, the document shall be dated and signed by the parent and the agency representative. The parent and the agency shall be provided a copy of the document.
(c) The IEP for each exceptional child shall include:
(1) A statement of the child's present levels of academic achievement and functional performance, including: (A) How the child's disability or giftedness affects the child's involvement and progress in the general education curriculum; (B) for preschool children, as appropriate, how the disability affects the child's participation in appropriate activities; and (C) for those children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objections;
(2) a statement of measurable annual goals, including academic and functional goals designed to: (A) Meet the child's needs that result from the child's disability or giftedness, to enable the child to be involved in and make progress in the general education or advanced curriculum; and (B) meet each of the child's other educational needs that result from the child's disability or giftedness;
(3) a description of how the child's progress toward meeting the annual goals will be measured and when periodic reports on the progress the child is making toward meeting the annual goals will be provided, such as through the use of quarterly or other periodic reports issued concurrently with general education report cards;
(4) a statement of the special education and related services and supplementary aids, based on peer-reviewed research to the extent practicable, and services to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child: (A) To advance appropriately toward attaining the annual goals; (B) to be involved in and make progress in the general education curriculum in accordance with provision (1) and to participate in extracurricular and other nonacademic activities; and (C) to be educated and participate with other exceptional and nonexceptional children in the activities described in this paragraph;
(5) an explanation of the extent, if any, to which the child will not participate with nonexceptional children in the regular class and in the activities described in provision (4);
(6) (A) a statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on state and district-wide assessments; and (B) if the IEP team determines that the child shall take an alternate assessment on a particular state or district-wide assessment of student achievement or part of such an assessment, a statement of why the child cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the child;
(7) the projected date for the beginning of the services and modifications described in provision (4), and the anticipated frequency, location, and duration of those services and modifications;
(8) (A) beginning at age 14, and updated annually, thereafter: (A) Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment and where appropriate, independent living skills; and (B) the transition services, including appropriate courses of study, needed to assist the child in reaching the stated postsecondary goals; and (C) beginning at age 16, or younger, if determined appropriate by the IEP team, a statement of needed transition services for the child, including, when appropriate, a statement of the interagency responsibilities or any needed linkages; and
(9) beginning at least one year before the child reaches the age of majority under state law, a statement that the child has been informed of the child's rights, if any, that will transfer to the child on reaching the age of majority as provided in K.S.A. 72-3431, and amendments thereto.
Nothing in this section shall be construed to require: (1) That additional information be included in a child's IEP beyond that which is specifically required by this section; and (2) that an IEP team include information under one component of a child's IEP that is already contained under another component of the IEP.
(d) In developing each child's IEP, the IEP team shall consider:
(1) The strengths of the child and the concerns of the parents for enhancing the education of their child;
(2) the results of the initial evaluation or most recent evaluation of the child;
(3) the academic, developmental and functional needs of the child;
(4) in the case of a child whose behavior impedes the child's learning or that of others, the use of positive behavioral interventions and supports and other strategies to address that behavior;
(5) in the case of a child with limited English proficiency, the language needs of the child as such needs relate to the child's IEP;
(6) in the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media, including an evaluation of the child's future needs for instruction in Braille or the use of Braille, that instruction in Braille or the use of Braille is not appropriate for the child;
(7) the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode; and
(8) whether the child requires assistive technology devices and services.
(e) The regular education teacher of the child, as a member of the IEP team, to the extent appropriate, shall participate in:
(1) The development of the IEP of the child, including the determination of appropriate positive behavioral interventions supports, and other strategies and the determination of supplementary aids and services, program modifications, and support for school personnel consistent with this section; and
(2) except as provided in this section, the review and revision of the child's IEP.
(f) Each agency shall ensure that the IEP team:
(1) Reviews the child's IEP periodically, but not less than annually to determine whether the annual goals for the child are being achieved; and
(2) revises the IEP, as appropriate, to address: (A) Any lack of expected progress toward the annual goals and in the general education curriculum, where appropriate; (B) the results of any reevaluation conducted under this section; (C) information about the child provided by the parents; (D) the child's anticipated needs; or (E) other matters.
(g) (1) If an exceptional child with a current IEP transfers from one Kansas school district to another during the academic year, the new school district, in consultation with the child's parent, shall provide the child a FAPE, including services comparable to those described in the transferred IEP, until the new school district either adopts the transferred IEP, or develops and implements a new IEP for the child.
(2) If during the academic year, an exceptional child who has a current IEP transfers from a school district in another state to a Kansas school district, the Kansas school district, in consultation with the child's parent, shall provide the child a FAPE, including services comparable to those described in the transferred IEP, until the Kansas school district either adopts the transferred IEP, or conducts an evaluation of the child, if deemed necessary, and develops and implements a new IEP for the child.
History: L. 1999, ch. 116, § 12; L. 2005, ch. 171, § 14; July 1.
(a) The rights of parents of exceptional children shall include, but not be limited to, the rights specified in this section.
(b) The parents of exceptional children shall have the right to:
(1) Examine all records relating to such child and to participate in meetings with respect to the identification, evaluation, and educational placement of the child, and the provision of a free appropriate public education to such child, and to obtain an independent educational evaluation of the child;
(2) written prior notice in accordance with K.S.A. 72-3432, and amendments thereto, whenever an agency: (A) Proposes to initiate or change; or (B) refuses to initiate or change, the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education to the child;
(3) receive the notice required by provision (2) in their native language, unless it clearly is not feasible to do so;
(4) present complaints with respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to the child, subject to the requirements in K.S.A. 72-3415, and amendments thereto;
(5) request mediation in accordance with this act;
(6) consent, or refuse to consent, to the evaluation, reevaluation or the initial placement of their child and to any substantial change in placement of, or a material change in services for, their child, unless a change in placement of their child is ordered pursuant to the provisions of K.S.A. 72-3433, and amendments thereto, or the agency can demonstrate that it has taken reasonable measures to obtain parental consent to a change in placement or services, and the child's parent has failed to respond. If the parent fails to respond to the request for parental consent to a substantial change in placement or a material change in services, the agency must maintain detailed records of written and verbal contacts with the parent and the response, if any, received from the parent;
(7) be members of any group that makes decisions on the educational placement of their child;
(8) demand that their child remain in the child's current educational placement pending the outcome of a due process hearing, except as otherwise provided by federal law and this act;
(9) subject to the requirements of this act, request a due process hearing in regard to any complaint filed in accordance with provision (4) of this subsection, or as authorized in K.S.A. 72-3434, and amendments thereto;
(10) appeal to the state board any adverse decision rendered by a hearing officer in a local due process hearing;
(11) appeal to state or federal court any adverse decision rendered by a review officer in a state-level due process appeal; and
(12) recover attorney fees, as provided in the federal law, if they are the prevailing parties in a due process hearing or court action; however, only a court shall have the authority to award attorney fees, and such fees may be reduced or denied in accordance with federal law.
(c) The state board shall develop a model form to assist parents in filing a complaint and due process complaint notice.
(d) The state board shall develop, and thereafter amend as necessary, and distribute for use by agencies, a notice of the rights available to the parents of exceptional children under the federal law and this act. The notice shall include a full explanation of the rights and be made available in various languages and be written so as to be easily understandable by parents.
(e) A list of the rights available to the parents of exceptional children shall be given to the parents only one time each school year, except a copy also shall be given to the parents: (A) Upon initial referral or parental request for evaluation; (B) upon request of a parent; and (C) upon the initial filing of a complaint under subsection (b)(4).
History: L. 1999, ch. 116, § 17; L. 2005, ch. 171, § 15; July 1.
When a person who has been determined to be a child with a disability reaches the age of 18, except for such a person who has been determined to be incompetent under state law:
(a) An agency shall provide to both the person and to the person's parents any notice required by this act;
(b) all other rights accorded to parents under this act transfer to the person;
(c) the agency shall notify the person and the parents of the transfer of rights; and
(d) all rights accorded to parents under this act transfer to the person if incarcerated in an adult or juvenile federal, state or local correctional institution.
History: L. 1999, ch. 116, § 18; July 1.
The notice required by subsection (b)(2) of K.S.A. 72-3430, and amendments thereto, shall include:
(a) A description of the action proposed or refused by the agency;
(b) an explanation of why the agency proposes or refuses to take the action;
(c) a description of other options that the agency or IEP team considered and the reasons those options were rejected;
(d) a description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;
(e) a description of any other factors that are relevant to the agency's proposal or refusal;
(f) a statement that the parents have protection under the procedural safeguards of this act and, if the notice is not an initial referral for evaluation, the means by which a copy of the procedural safeguards can be obtained; and
(g) sources for parents to contact to obtain assistance in understanding the provisions of the federal law and this act.
History: L. 1999, ch. 116, § 19; L. 2005, ch. 171, § 16; July 1.
(a) School personnel may order a change in the placement of a child with a disability:
(1) To an appropriate interim alternative educational setting or other setting, or the short-term suspension of the child;
(2) to an appropriate interim alternative educational setting for not more than 45 school days if: (A) The child carries or possesses a weapon to, or at, school, on school premises, or to, or at, a school function under the jurisdiction of an agency; (B) the child knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises, or at a school function under the jurisdiction of an agency; or (C) the child has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of an agency; or
(3) To an appropriate interim alternative educational placement for not more than 186 school days, if it is determined that the conduct of the child violated the code of student conduct and was not a manifestation of the child's disability, if the relevant disciplinary procedures applicable to children without disabilities are applied in the same manner and the discipline is for the same duration as would be applied to a child without disabilities, except that services must continue to be provided to the child during the period of disciplinary action.
(b) Any child with a disability whose placement is changed under subsection (a)(2) or (a)(3) shall:
(1) Continue to receive educational services so as to enable the child to continue to participate in the general education curriculum, although in another setting and to progress toward meeting the goals set out in the child's IEP; and
(2) receive, as appropriate, a functional behavioral assessment, behavioral intervention services, and modifications that are designed to address the inappropriate behavior so that it does not recur.
(c) The alternative educational setting described in subsections (a)(2) and (a)(3) shall be determined by the IEP team.
(d) If a disciplinary action is contemplated as described in subsection (a)(2) or (a)(3):
(1) Not later than the date on which the decision to take that action is made, the agency shall notify the parents of that decision and of all procedural safeguards afforded under K.S.A. 72-3434, and amendments thereto; and
(2) within 10 school days of the date on which the decision to take disciplinary action is made, a review shall be conducted to determine the relationship between the child's disability and the conduct that is subject to disciplinary action.
(e) (1) The review described in subsection (d)(2) shall be conducted by the agency, the parent, and relevant members of the child's IEP team as determined by the parent and the agency. In carrying out the review, that group shall review all relevant information in the student's file, including the child's IEP, any teacher observations, and any relevant information provided by the parent.
(2) Based upon its review of all the relevant information, the group shall determine if the conduct in question:
(A) Was caused by, or had a direct and substantial relationship to, the child's disability; or
(B) was the direct result of the agency's failure to implement the child's IEP.
(3) If it is determined that the conduct of the student is described in either paragraph (2)(A) or (2)(B) of this subsection, then the conduct shall be determined to be a manifestation of the child's disability.
(f) If it is determined that the conduct of a child was a manifestation of the child's disability, the IEP team shall:
(1) Conduct a functional behavioral assessment, and implement a behavioral intervention plan for such child, provided that the agency has not conducted such an assessment prior to the behavior that resulted in a change in placement;
(2) if the child already had a behavioral intervention plan, review and modify it, as necessary, to address the behavior; and
(3) except as provided in paragraph (a)(2), return the child to the placement from which the child was removed, unless the parent and the agency agree to a change of placement as part of the modification of the behavioral intervention plan.
(g) For the purposes of this section, the following definitions apply:
(1) "Controlled substance" means a drug or other substance identified under schedules I, II, III, IV, or V in 21 U.S.C. § 812(c);
(2) "illegal drug" means a controlled substance but does not include such a substance that is legally possessed or used under the supervision of a licensed healthcare professional or that is legally possessed or used under any other authority under any federal or state law;
(3) "weapon" means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2½ inches in length; and
(4) "serious bodily injury" means an injury as described in subsection (h)(3) of section 1365 of title 18 of the United States Code.
History: L. 2005, ch. 171, § 17; July 1.
(a) The parent of a child with a disability who disagrees with any decision regarding placement, or the manifestation determination under K.S.A. 72-3433, and amendments thereto, or an agency that believes that maintaining the current placement of a child is substantially likely to result in injury to the child or to others, may request a hearing.
(b) A hearing officer appointed under this act shall hear, and make the determination regarding, an appeal requested under subsection (a).
(c) In making the determination under subsection (b), the hearing officer may order a change in placement of the child. In such situations, the hearing officer may:
(1) Uphold the manifestation determination;
(2) uphold the interim alternative educational placement of the child;
(3) return the child to the placement from which the child was removed; or
(4) order a change in placement of the child to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of such child is substantially likely to result in injury to the child or to others.
History: L. 2005, ch. 171, § 18; July 1.
(a) If a parent or agency requests a hearing under K.S.A. 72-3434, and amendments thereto, the child shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the forty-five-school-day period described in subsection (a)(2) of K.S.A. 72-3433, and amendments thereto, whichever occurs first, unless the parent and the agency agree otherwise.
(b) The agency shall arrange for an expedited hearing, which shall occur within 20 school days of the date the hearing is requested and shall result in a determination within 10 school days after the hearing. To expedite the hearing, the agency, within three school days of receiving the request for a hearing, shall request the state board to appoint a hearing officer to conduct the hearing.
History: L. 1999, ch. 116, § 32; L. 2005, ch. 171, § 19; July 1.
(a) A child who has not been determined to be eligible for special education and related services under this act and who has engaged in behavior that violated any rule or code of conduct of the school district may assert any of the protections provided for in this act if the school district had knowledge, as determined in accordance with this section, that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred.
(b) A school district shall be deemed to have knowledge that a child is a child with a disability if before the behavior that precipitated the disciplinary action occurred:
(1) The parent of the child has expressed concern, in writing, to supervisory or administrative personnel of the appropriate educational agency or to a teacher of the child, that the child is in need of special education and related services;
(2) the parent of the child previously has requested an evaluation of the child; or
(3) the teacher of the child, or other personnel of the school district, previously has expressed specific concerns about a pattern of behavior demonstrated by the child directly to the director of special education of such school district or to other supervisory personnel of the district.
(c) A school district shall not be deemed to have knowledge that a child is a child with a disability if the parent of the child has not allowed an evaluation of the child or has refused services under this law, or the child has been evaluated but it was determined that the child was not a child with a disability.
(d) (1) Subject to provision (2) of this subsection, if a school district does not have knowledge that a child is a child with a disability prior to taking disciplinary action against the child, the child may be subjected to the same disciplinary action as is applied to children without disabilities who engage in comparable behaviors.
(2) If a request is made for an evaluation of a child during the time period in which the child is subjected to disciplinary action described by this act, an evaluation shall be conducted in an expedited manner. If the child is determined to be a child with a disability, taking into consideration information from the evaluation conducted by the school district and information provided by the parents, the school district shall provide special education and related services in accordance with the provisions of this act, except that, pending the results of the evaluation, the child shall remain in the educational placement determined by school authorities, which may be long-term suspension or expulsion from school.
History: L. 1999, ch. 116, § 33; L. 2005, ch. 171, § 20; July 1.
(a) Nothing in this act shall be construed to prohibit an agency from reporting a crime committed by a child with a disability to appropriate authorities or to prevent state or local law enforcement and judicial authorities from exercising their responsibilities with regard to the application of federal, state, or local law to crimes committed by a child with a disability.
(b) An agency reporting a crime committed by a child with a disability shall ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom it reports the crime.
History: L. 1999, ch. 116, § 34; July 1.
(a) The state board shall establish and implement procedures to allow agencies and parents to resolve disputes involving any matter, including matters arising prior to the filing of a complaint, through a mediation process.
(b) The procedures adopted shall ensure that the mediation process is:
(1) Voluntary on the part of the parties;
(2) not used to deny or delay a parent's right to a due process hearing, or to deny any other rights afforded under this act; and
(3) conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
(c) The state board shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services and shall establish procedures for the appointment of a mediator to help resolve disputes between the parties.
(d) The state board shall bear the cost of the mediation process described in this section.
(e) Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties to the dispute.
(f) If the mediation process results in a resolution of the complaint, the parties shall execute a written agreement that both the parent and an authorized representative of the agency shall sign and that, at a minimum, includes the following statements:
(1) The resolution of each issue presented in the complaint;
(2) all discussions that occurred during the mediation process are confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; and
(3) each party understands that the agreement is legally binding upon them; and
(4) the agreement may be enforced in state or federal court.
(g) Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings.
History: L. 1999, ch. 116, § 35; L. 2005, ch. 171, § 21; July 1.
All records of an exceptional child who transfers, or who is transferred, from one school district to another shall be transferred at the same time that such child transfers, or is transferred, or as soon thereafter as possible. If the transfer is a result of the change in placement by the secretary for children and families, it shall be the duty of the secretary to transfer, or make provision for the transfer, of such records to the district or school to which the child is transferred. If the transfer is a result of the change in placement by the commissioner of juvenile justice, it shall be the duty of the commissioner to transfer, or make provision for the transfer, of such records to the district or school to which the child is transferred. If the transfer is a result of the change in placement by the secretary of the department of corrections, it shall be the duty of the secretary to transfer, or make provision for the transfer, of such records to the district or school to which the child is transferred.
History: L. 2005, ch. 171, § 22; L. 2014, ch. 115, § 284; July 1.
(a) As used in this section:
(1) "Medicaid children" means exceptional children who receive special education and related services and for which the district receives medicaid payments.
(2) Words and phrases used in this section, have the meanings ascribed thereto in K.S.A. 72-3404, and amendments thereto.
(b) The state board shall designate a portion of the amount of moneys appropriated as special education services state aid as medicaid replacement state aid. The amount designated by the state board shall not exceed $9,000,000 in any school year.
(c) Subject to the limitations of this section and appropriations therefor, each school district shall be entitled to medicaid replacement state aid. The amount of such state aid shall be computed by the state board as provided in this section. The state board shall:
(1) Determine the total number of medicaid children in all school districts on March 1 of each school year;
(2) divide the amount of moneys designated as medicaid replacement state aid by the amount determined under paragraph (1); and
(3) multiply the quotient determined under paragraph (2) by the number of medicaid children in each school district on March 1 of each school year. The product is the amount of medicaid replacement state aid the district is entitled to receive.
(d) All amounts received by a school district under this section shall be deposited in the general fund of the district and shall be transferred to the special education fund of the district.
(e) The board of education of any district desiring to receive state aid pursuant to this section shall submit any documentation or information to the state board as it may request. The state board may establish deadlines for the submission of such documentation and information.
(f) The state board shall make the distribution of moneys under this section prior to determining the amount of state aid to be distributed under K.S.A. 72-3422, and amendments thereto.
(g) The state board shall prescribe all forms necessary for reporting under this section.
History: L. 2008, ch. 172, § 7; L. 2010, ch. 127, § 3; April 29.
(a) There is hereby established the special education funding task force. The task force shall be composed of 12 members, as follows:
(1) One member appointed by the speaker of the house of representatives;
(2) one member appointed by the president of the senate;
(3) one member appointed by the minority leader of the house of representatives;
(4) one member appointed by the minority leader of the senate;
(5) three members appointed by the board of directors of the Kansas association of school boards. Of such members, one member shall be from school districts having an enrollment of at least 12,000 pupils; one shall be from school districts having an enrollment of less than 12,000 but more than 1,636 pupils; and one shall be from school districts having an enrollment of 1,636 pupils or less;
(6) three members appointed by the board of directors of the united school administrators. Of such members, one member shall be from school districts having an enrollment of at least 12,000 pupils; one shall be from school districts having an enrollment of less than 12,000 but more than 1,636 pupils; and one shall be from school districts having an enrollment of 1,636 pupils or less. Members appointed pursuant to this paragraph shall include a person who is a chief financial officer of a school district and a person who is a director of special education services;
(7) one member appointed by the board of directors of the Kansas national education association; and
(8) the commissioner of education, or the designee thereof. The commissioner of education shall serve ex officio and shall be a nonvoting member of the task force.
(b) Members shall be appointed to the task force on or before July 1, 2008. The first meeting of the task force shall be called by the commissioner of education on or before August 1, 2008. Any vacancy in the membership of the task force shall be filled by appointment in the same manner prescribed by this section for the original appointment.
(c) (1) If approved by the legislative coordinating council, members of the task force attending regular or special meetings or subcommittee meetings authorized by the task force, shall be paid amounts for expenses, mileage and subsistence as provided in subsection (e) of K.S.A. 75-3223, and amendments thereto.
(2) The members of the task force shall select a chairperson and vice-chairperson from the membership of the task force.
(3) The task force may meet at any time and at any place within the state on the call of the chairperson. A quorum of the task force shall be six voting members. All actions of the task force shall be by motion adopted by a majority of those voting members present when there is a quorum.
(4) In accordance with K.S.A. 46-1204, and amendments thereto, the legislative coordinating council may provide for such professional services as may be requested by the task force.
(5) The staff of the office of the revisor of statutes, the legislative research department and the division of legislative administrative services shall provide such assistance as may be requested by the task force. Upon request of the task force, the state board of education shall provide consultants and assistance when requested by the task force. In addition and upon the request of the task force, the state board of education and school districts shall provide any information and supporting documentation requested by the task force.
(d) The special education funding task force shall:
(1) Study and make recommendations for changes in the existing formula for funding of special education and related services including, but not limited to, medicaid replacement state aid;
(2) conduct hearings and receive and consider suggestions from teachers, parents, the department of education, the state board of education, other governmental officers and agencies and the general public concerning funding for special education and related services; and
(3) make and submit reports to the legislature on the work of the task force concerning recommendations of the task force. Such reports also shall include recommendations for legislative changes and shall be submitted to the legislature on or before January 14th of each year.
(e) The task force shall cease to exist on June 30, 2011.
History: L. 2008, ch. 172, § 5; May 29.
History: L. 2023, ch. 98, § 7; Repealed, L. 2024, ch. 111, § 21; May 30.
As used in this act:
(a) "School district" means any public school district organized under the laws of this state.
(b) "Exceptional children" and "special education services" have the meanings respectively ascribed thereto in K.S.A. 72-3404, and amendments thereto.
(c) "Private, nonprofit elementary or secondary school" means an organization which regularly offers education at the elementary or secondary level, which is exempt from federal income taxation under section 501 of the federal internal revenue code of 1954, as amended, which conforms to the civil rights act of 1964, and attendance at which satisfies any compulsory school attendance laws of this state.
History: L. 1980, ch. 212, § 1; L. 1999, ch. 116, § 39; July 1.
Every school district shall provide special education services for exceptional children who reside in the school district and attend a private, nonprofit elementary or secondary school, whether such school is located within or outside the school district, upon request of a parent or guardian of any such child for the provision of such services. No school district shall be required to provide such services outside the school district. Any school district may provide special education services for exceptional children who attend a private, nonprofit elementary or secondary school located within the school district, whether or not all such children reside in the school district. Special education services which are provided under this section for exceptional children who attend a private, nonprofit elementary or secondary school which is located in the school district may be provided in the private, nonprofit elementary or secondary school or in the public schools of the school district. The site for the provision of special education services under this section for an exceptional child shall be determined by the school district in consultation with the parent or guardian of the child and with officials of the private, nonprofit elementary or secondary school. Special education services provided under this section for exceptional children who attend a private, nonprofit elementary or secondary school are subject to the following requirements: (a) If the services are provided for in the private, nonprofit elementary or secondary school, amounts expended for the provision of such services shall not be required to exceed the average cost to the school district for the provision of the same services in the public schools of the school district for children within the same category of exceptionality; (b) if the services are provided for in the public schools of the school district, the services shall be provided on an equal basis with the provision of such services for exceptional children attending the public schools; and (c) if the services are provided in the public schools of the school district, transportation to and from such public school shall be provided by the school district.
History: L. 1980, ch. 212, § 2; L. 1999, ch. 116, § 40; July 1.
No special education services shall be provided in connection with religious courses, devotional exercises, religious training, or any other religious activity.
History: L. 1980, ch. 212, § 3; L. 1999, ch. 116, § 41; July 1.
As used in this section:
(a) "Blind persons" means individuals who:
(1) Have a visual acuity of 20/200
or less in the better eye with conventional correction, or have a limited field of vision such that the widest diameter of the visual field subtends an angular distance not greater than 20°;
(2) have a reasonable expectation of visual deterioration; or
(3) cannot read printed material at a competitive rate of speed and with facility due to lack of visual acuity.
(b) "Braille" means the system of reading and writing through touch commonly known as standard English Braille.
(c) "Student" means any student who is blind or any student eligible for special education services for visually impaired as defined in public law 94-142.
History: L. 1991, ch. 118, § 1; July 1.
All students may receive instruction in Braille reading and writing as part of their individualized education plan. No student shall be denied the opportunity for instruction in Braille reading and writing solely because the student has some remaining vision.
History: L. 1991, ch. 118, § 2; July 1.
Instruction in Braille reading and writing shall be sufficient to enable each student to communicate effectively and efficiently at a level commensurate with such student's sighted peers of comparable grade level and intellect. The individualized education plan shall specify:
(a) How Braille will be implemented as the primary mode for learning through integration with normal classroom activities. If Braille will not be provided to a child who is blind, the reason for not incorporating it in the individualized education plan shall be documented therein;
(b) the date on which Braille instruction will commence;
(c) the level of competency in Braille reading and writing to be achieved by the end of the period covered by the individualized education plan; and
(d) the duration of each session.
History: L. 1991, ch. 118, § 3; July 1.
As part of the certification process, teachers certified in the education of blind and visually impaired children shall be required to demonstrate competence in reading and writing Braille. The state board of education shall adopt assessment procedures to assess such competencies which are consistent with the standards adopted by the national library service for the blind and physically handicapped.
History: L. 1991, ch. 118, § 4; July 1.
The state department of public instruction is hereby authorized to expend available funds for the purpose of sending children who are deaf-blind, or otherwise severely handicapped to any facility, school, or institution, within or without the state of Kansas, providing a qualified program of education for such children. Such funds may be spent for evaluation and diagnosis, room, board, tuition, transportation, and other items which are necessarily relevant to the education of such children. In interpreting and carrying out the provisions of this act, the words "deaf-blind children" whenever used, will be construed to include any child of educable mind whose combination of handicaps of deafness and blindness prevents him from profiting satisfactorily from educational programs provided for the blind child or the deaf child; and the words "otherwise severely handicapped children," wherever used, will be construed to include any child of educable mind whose handicap or combination of handicaps prevents him from profiting satisfactorily from educational programs provided through a sponsoring public school district in this state.
History: L. 1959, ch. 311, § 1; June 30.
History: L. 1915, ch. 311, § 1; L. 1917, ch. 284, § 1; L. 1921, ch. 241, § 1; R.S. 1923, 72-3501; L. 1939, ch. 257, § 1; L. 1949, ch. 375, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1925, ch. 241, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1925, ch. 241, § 2; L. 1931, ch. 265, § 1; Repealed, L. 1947, ch. 363, § 1; June 30.
History: L. 1925, ch. 241, § 2; L. 1931, ch. 264, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1915, ch. 311, § 2; L. 1917, ch. 284, § 2; L. 1921, ch. 250, § 1; R.S. 1923, 72-3502; L. 1947, ch. 367, § 1; L. 1949, ch. 376, § 2; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1947, ch. 367, § 2; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1949, ch. 376, § 3; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1921, ch. 250, § 2; R.S. 1923, 72-3503; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-3504; L. 1931, ch. 266, § 1; L. 1947, ch. 368, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1915, ch. 311, § 4; R.S. 1923, 72-3505; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1929, ch. 237, § 1; L. 1931, ch. 267, § 1; L. 1933, ch. 251, § 2; L. 1949, ch. 377, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-3507; L. 1949, ch. 378, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1925, ch. 242, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1949, ch. 378, § 2; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1915, ch. 311, § 7; R.S. 1923, 72-3508; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1915, ch. 311, § 8; L. 1917, ch. 284, § 6; R.S. 1923, 72-3509; L. 1939, ch. 257, § 2; L. 1949, ch. 375, § 2; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1915, ch. 311, § 9; L. 1917, ch. 284, § 7; R.S. 1923, 72-3510; L. 1945 ch. 282, § 62; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1917, ch. 284, § 8; R.S. 1923, 72-3511; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1917, ch. 284, § 10; R.S. 1923, 72-3512; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1915, ch. 311, § 10; R.S. 1923, 72-3513; L. 1945, ch. 290, § 12; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1915, ch. 311, § 10; R.S. 1923, 72-3513; L. 1945, ch. 282, § 63; Repealed, L. 1949, ch. 366, § 1; June 30.
History: L. 1915, ch. 311, § 11; R.S. 1923, 72-3514; L. 1927, ch. 271, § 1; L. 1949, ch. 375, § 3; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-3515; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-3516; Repealed, L. 1951, ch. 395, § 74; July 1.
History: R.S. 1923, 72-3517 to 72-3519; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1925, ch. 243, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1949, ch. 388, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1941, ch. 335, § 1; Repealed, L. 1947, ch. 363, § 1; June 30.
History: L. 1941, ch. 334, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1941, ch. 336, § 1; L. 1947, ch. 369, § 1; L. 1951, ch. 404, § 1; L. 1955, ch. 322, § 1; L. 1957, ch. 379, § 1; L. 1959, ch. 290, § 1; L. 1961, ch. 332, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1941, ch. 336, § 2; L. 1947, ch. 369, § 2; L. 1953, ch. 332, § 1; L. 1955, ch. 322, § 2; L. 1957, ch. 379, § 2; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1959, ch. 290, § 2; L. 1961, ch. 333, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1961, ch. 356, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1965, ch. 421, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1943, ch. 263, §§ 1, 2; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1947, ch. 387, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1947, ch. 385, §§ 1 to 5; Repealed, L. 1963, ch. 369, § 1; Repealed, L. 1963, ch. 370, § 1; June 30.
History: L. 1947, ch. 386, §§ 1 to 3; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1951, ch. 395, § 56; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 395, § 57; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 395, § 58; Repealed, 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 395, § 59; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 395, § 60; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 395, § 61; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 395, § 62; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 395, § 63; L. 1955, ch. 324, § 1; L. 1957, ch. 392, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 395, § 64; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 395, § 65; L. 1955, ch. 325, § 1; Repealed, L. 1969, ch. 312, § 1; May 10.
History: L. 1951, ch. 395, § 66; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 395, § 67; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 395, § 68; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 395, § 69; L. 1959, ch. 291, § 2; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1951, ch. 395, § 70; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1955, ch. 338, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1959, ch. 304, §§ 1 to 4; Repealed, L. 1963, ch. 371, § 1; June 30.
History: L. 1951, ch. 395, § 71; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1955, ch. 323, § 1; L. 1957, ch. 392, § 2; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1955, ch. 323, § 2; L. 1959, ch. 292, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1955, ch. 323, §§ 3 to 5; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1955, ch. 323, § 6; L. 1961, ch. 334, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1955, ch. 323, § 7; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1955, ch. 323, § 8; L. 1961, ch. 335, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1959, ch. 293, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1959, ch. 307, §§ 1 to 5; Repealed, L. 1963, ch. 372, § 1; June 30.
As used in K.S.A. 72-3567 through 72-3573, and amendments thereto:
(a) "District" or "school district" means any school district which submits an application pursuant to K.S.A. 72-3568, and amendments thereto;
(b) "program" means the Kansas skills for success in school program;
(c) "department" means the Kansas department of education;
(d) "state board" means the state board of education; and
(e) "pupil" means any pupil in kindergarten or any of the grades one through three.
History: L. 2005, ch. 194, § 2; May 19.
(a) Each school district shall determine each child's mathematics and reading skill-level and whether each child is progressing adequately in acquiring mathematics and reading skills for the child's grade-level. Districts shall use the grade-level standards and respective indicators adopted by the state board in making such determinations. Districts shall use state assessments or diagnostic assessments that meet the standards determined by the state board during kindergarten and each of the grades one through three to determine a child's level of performance and to target specialized instructional interventions, programs and strategies. A child's progress shall be assessed at least once each year. Annual diagnostic assessments shall meet the diagnostic assessment requirements of the department.
(b) A district shall include in each participating school's improvement plan research-based intervention programs or strategies and interventions determined by the district. District-determined interventions may include, but are not limited to, individualized instruction, alternative teaching methods, a restructured school day, extended time strategies and any other intervention the district deems necessary.
(c) If a child has been identified as needing assistance, the plan for the school shall create a mechanism to track the child's interventions and progress. The school shall determine the methods by which the child's progress is measured. When a child has achieved the appropriate skills for the child's grade-level, no further interventions shall be necessary unless the child falls behind in another grade. If the child does not achieve the appropriate skills for the child's grade-level despite intervention, the school shall take action to initiate additional interventions for the child to achieve such skills. When appropriate, districts are encouraged to utilize skilled and trained community-based organizations and individuals to implement intervention plans.
History: L. 2005, ch. 194, § 3; May 19.
(a) Applications for grants under the program shall be prepared and submitted in the form and manner required by the state board. The application shall be accompanied by any information required by the state board.
(b) The amount of money awarded through a grant shall not exceed the amount of actual expenses incurred by the district in the establishment and maintenance of the district's plan of interventions. If a district is paid more than it is entitled to receive under the program, the state board shall notify the district of the amount of such overpayment, and such district shall remit the same to the state board. The state board shall remit any moneys so received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state school district finance fund. If any district fails so to remit, the state board shall deduct the excess amounts so paid from future payments becoming due to the district. If any district is paid less than the amount to which it is entitled under any distribution made under this act, the state board shall pay the additional amount due at any time within the school year in which the underpayment was made or within 60 days after the end of such school year.
(c) The board of education of any district which is awarded a grant for an improvement plan shall make periodic and special reports to the state board of education as it may request.
History: L. 2005, ch. 194, § 4; May 19.
(a) On or before January 1, 2006, the state board may adopt rules and regulations for the development and implementation of plans of intervention established under the program. The state board shall establish standards and criteria for reviewing, evaluating and approving school improvement plans and applications for grants submitted by districts. All grants shall be awarded by the state board in accordance with the standards and criteria established by the state board. No district shall be eligible to receive a grant unless the district includes within its plan specific strategies for intervention.
(b) Upon request of a school district, the state board shall provide technical assistance regarding the establishment and maintenance of the improvement plan.
History: L. 2005, ch. 194, § 5; May 19.
On or before September 1, 2006, the state board of education shall report its progress on the implementation of the Kansas skills for success in school program to the legislative educational planning committee. On or before the first day of the legislative session in 2014, and each year thereafter, the state board shall make an annual report on the program to the senate committee on education and the house of representatives committee on education. Annual reports shall include data relating to and supporting evaluations of goals, objectives and outcomes established by the state board.
History: L. 2005, ch. 194, § 6; L. 2013, ch. 134, § 26; July 1.
(a) In school year 2006-2007 and in each school year thereafter, subject to the limits of appropriations therefore, the state board may award grants to districts whose applications have been approved by the state board pursuant to the skills for success program.
(b) Moneys awarded through grants authorized by this section shall be distributed proportionately among districts receiving such grants on a per pupil basis.
(c) Moneys received by a district under subsection (a) shall be credited to the skills for success in school fund of the district established pursuant to K.S.A. 72-3573, and amendments thereto.
History: L. 2005, ch. 194, § 7; May 19.
Any appropriations for the implementation of the provisions of K.S.A. 72-3566 through 72-3572, and amendments thereto, shall not exceed $20,000,000, in the aggregate, from one or more funds in the state treasury.
History: L. 2005, ch. 194, § 8; May 19.
(a) There is hereby established in every district a fund which shall be called the skills for success in school fund, which fund shall consist of all moneys deposited therein or transferred thereto according to law. Notwithstanding any other provision of law, all moneys received by the district pursuant to the skills for success in school program shall be credited to the skills for success in school fund established by this section. The expenses of a district directly attributable to the establishment and maintenance of the district's plan of interventions shall be paid from the skills for success in school fund.
(b) Any balance remaining in the skills for success in school fund at the end of the budget year shall be carried forward into the skills for success in school fund for succeeding budget years. Such fund shall not be subject to the provisions of K.S.A. 79-2925 through 79-2937, and amendments thereto. In preparing the budget of such school district, the amounts credited to and the amount on hand in the skills for success in school fund, and the amount expended therefrom shall be included in the annual budget for the information of the residents of the school district. Interest earned on the investment of moneys in any such fund shall be credited to that fund.
History: L. 2005, ch. 194, § 9; May 19.
(a) Each participating school district board of education shall submit annually to the state board of education an at-risk student accountability plan to attain at-risk student proficiency in accordance with this section and to ensure the provision of programs and services that are above and beyond regular education services to students who are eligible for at-risk programs and services. Such plan shall be submitted to the state board of education on a form and in the manner required by the state board. The purpose of each school district's at-risk student accountability plan is to:
(1) Demonstrate that the school district is using evidenced-based instruction, as defined in K.S.A. 72-5153, and amendments thereto, for the education of students who are identified as eligible to receive at-risk programs and services;
(2) measure longitudinal academic improvement in a quantitative manner;
(3) establish quantitative student academic improvement goals for certain identified student cohort groups and strive to meet such goals through the provision of evidence-based instruction that is provided to such cohort groups above and beyond regular educational services;
(4) ensure that at-risk education fund moneys are expended in accordance with the law by providing services above and beyond regular education services; and
(5) continue the process of identifying certain student cohort groups and providing evidence-based instruction above and beyond that of a regular education to such identified student cohort groups until the school district achieves the state board of education's goal to have 75% of all students achieve proficiency by scoring at performance level 3 or 4 on the state assessments for English language arts and mathematics.
(b) Each at-risk student accountability plan shall identify not fewer than one cohort group of students who are enrolled and attending grade three each school year that such cohort group is required to be identified and not fewer than one cohort group of students enrolled in and attending kindergarten or any of the grades one through eight each school year that such cohort group is required to be identified. Except as provided in this subsection, one of the student cohort groups identified by the school district for either such grade level shall be the students who are eligible for free meals pursuant to the national school lunch program. For the other grade level, the school district shall identify any other student cohort group that corresponds to one of the subgroups identified for state assessment purposes or shall identify a cohort group of students who are identified as eligible to receive at-risk educational programs and services pursuant to the same at-risk identification criteria established pursuant to K.S.A. 72-5153a, and amendments thereto. A school district shall not identify a cohort group of students pursuant to this subsection if such cohort group is comprised of 10 or fewer students. If both cohort groups of students who are eligible for free meals are comprised of 10 or fewer students, the school district shall identify another cohort group pursuant to this subsection.
(c) (1) Each participating school district board of education shall establish a four-year quantitative academic improvement goal for each identified student cohort group in accordance with this subsection and shall repeat such process every four years as provided in this section. The academic improvement goal established for a cohort group pursuant to this section shall be related to the achievement of academic proficiency in the areas of English language arts and mathematics. Once a school district establishes a four-year quantitative academic improvement goal for a cohort group on the school district's at-risk accountability plan, the school district shall not revise or revoke such goal for such cohort group in order to meet or exceed such goal.
(2) To attain the four-year quantitative academic improvement goal for each identified student cohort group, the school district board of education shall identify and implement two through four targeted supports or interventions for each identified student cohort group. Such supports or interventions shall be selected from the state board of education's list of approved at-risk educational programs established pursuant to K.S.A. 72-5153, and amendments thereto. The purpose of the targeted supports or interventions is to provide evidence-based instruction above and beyond regular education services to the identified student cohort group and evaluate whether such targeted supports or interventions have a positive impact on academic improvement. A school district board of education may select different targeted supports or interventions for each identified student cohort group and may change such targeted supports or interventions if the chosen targeted supports or interventions are not having a positive impact * academic improvement.
(d) (1) Each participating school district board of education shall conduct a four-year or five-year longitudinal academic evaluation of each student cohort group identified on the school district's at-risk student accountability plan to evaluate whether such students improved upon attainment of academic proficiency and met or exceeded the quantitative academic improvement goal established by the school district board of education.
(2) To evaluate whether the student cohort group that is first identified in grade three pursuant to this section is achieving at a level that is sufficient to meet or exceed the quantitative academic improvement goal established for such cohort group, the school district shall select and specify in the school district's at-risk accountability plan not more than two quantitative measures to evaluate the cohort group's achievement. One of such quantitative measures used by the school district shall be the English language arts and mathematics state assessments. The school district may choose one additional quantitative measure to evaluate such cohort group's progress from the list of approved quantitative measures in paragraph (4).
(3) To evaluate whether the other student cohort group that is first identified in kindergarten or any of the grades one through eight pursuant to this section is achieving at a level that is sufficient to meet or exceed the quantitative academic improvement goal established for such cohort group, the school district shall select and specify on the school district's at-risk accountability plan not more than two quantitative measures to evaluate such cohort group's achievement. If such identified student cohort group will take the English language arts and mathematics state assessments in a school year that such cohort group is evaluated pursuant to this section, the school district shall use such state assessments to evaluate the cohort group's achievement and may choose one additional quantitative measure to evaluate such cohort group's progress from the list of approved quantitative measures in paragraph (4). If such identified student cohort group will not take the English language arts and mathematics state assessments in a school year that such cohort group is evaluated, the school district shall use one or two quantitative measures to evaluate such cohort group's progress from the list of approved quantitative measures in paragraph (4).
(4) Subject to the requirements of paragraphs (2) and (3), the quantitative measures that a school district may use to evaluate whether an identified student cohort group is achieving at a level that is sufficient to meet or exceed the quantitative academic improvement goal established for such cohort group shall only include the following:
(A) The English language arts and mathematics state assessments;
(B) a formative assessment approved by the state board of education;
(C) a summative assessment approved by the state board of education; or
(D) ACT or ACT workkeys assessments.
(e) If the identified student cohort group meets or exceeds the quantitative academic improvement goal established for such cohort group at the end of the four-year period, the school district board of education shall repeat the process established pursuant to this section by identifying another student cohort group, establishing a four-year quantitative academic improvement goal for such cohort group and conducting a four-year or five-year longitudinal academic evaluation of such cohort group in accordance with this section.
(f) If the identified student cohort group does not meet or exceed the quantitative academic improvement goal established for such cohort group at the end of the four-year period:
(1) The state board of education shall deem such school district as not meeting at-risk improvement requirements on the school district's at-risk student achievement report published on the state board's website pursuant to subsection (j) until such school district meets the quantitative academic improvement goal established by the school district board of education for the subsequent cohort group identified pursuant to subsection (b) that replaces the cohort group that did not meet or exceed the four-year longitudinal academic improvement goal;
(2) the school district board of education shall continue to evaluate the longitudinal academic performance of such student cohort group for one additional school year in accordance with this section; and
(3) the school district board of education shall repeat the process established pursuant to this section by identifying another student cohort group pursuant to subsection (b), establishing a four-year quantitative academic improvement goal for such cohort group and conducting a four-year or five-year longitudinal academic evaluation of such cohort group in accordance with this section.
(g) (1) Commencing in school year 2030-2031, if an identified student cohort group does not meet or exceed the quantitative academic improvement goal established for such cohort group at the end of the one additional school year that the school district is authorized to evaluate such cohort group pursuant to subsection (f)(2), notwithstanding the provisions of K.S.A. 72-5131 et seq., and amendments thereto, the school district's at-risk student weighting and high-density at-risk student weighting entitlements in the school year following such one additional school year shall be determined and adjusted by the state board as follows:
(A) If only one student cohort group identified on the school district's at-risk accountability plan fails to meet or exceed the quantitative academic improvement goal established by the school district board of education at the end of the one additional school year that the school district is authorized to evaluate such cohort group pursuant to subsection (f)(2), the state board of education shall:
(i) Determine the BASE aid amount that was in effect in the final year of the five-year evaluation period of such cohort group;
(ii) determine the difference between the BASE aid amount in the current school year pursuant to K.S.A. 72-5132, and amendments thereto, and the BASE aid amount determined pursuant to subsection (g)(1)(A)(i);
(iii) multiply the amount determined pursuant to subsection (g)(1)(A)(ii) by 0.50;
(iv) add the amount determined pursuant to subsection (g)(1)(A)(i) to the amount determined pursuant to subsection (g)(1)(A)(iii); and
(v) multiply the sum determined pursuant to subsection (g)(1)(A)(iv) by the school district's at-risk student weighting and high-density at-risk student weighting determined pursuant to K.S.A. 72-5151, and amendments thereto. The computed amount is the amount of state aid attributable to the at-risk student weighting and high-density at-risk weighting that the school district shall be entitled to receive in the current school year; or
(B) if both student cohort groups identified on the school district's at-risk accountability plan fail to meet or exceed the quantitative academic improvement goals established by the school district board of education at the end of the one additional school year that the school district is authorized to evaluate such cohort groups pursuant to subsection (f)(2), the state board of education shall:
(i) Determine the BASE aid amount that was in effect in the final year of the five-year evaluation period of such cohort groups; and
(ii) multiply the amount determined pursuant to subsection (g)(1)(B)(i) by the school district's at-risk student weighting and high-density at-risk student weighting determined pursuant to K.S.A. 72-5151, and amendments thereto. The computed amount is the amount of state aid attributable to the at-risk student weighting and high-density at-risk student weighting that the school district shall be entitled to receive in the current school year; and
(2) commencing in school year 2030-2031, the state board of education shall determine a school district's at-risk student weighting and high-density at-risk student weighting entitlements pursuant to this subsection for the school year following the one additional school year that the school district is authorized to evaluate a cohort group pursuant to subsection (f)(2) and in which the cohort group identified on the school district's at-risk accountability plan fails to meet or exceed the quantitative academic improvement goal established by the school district board of education at the end of the five-year evaluation period of such cohort group.
(h) Each participating school district board of education shall continue to follow the school district's at-risk student accountability plan and update the plan annually or as may be necessary to repeat the process established pursuant to this section every four years by identifying another student cohort group, establishing a four-year quantitative academic improvement goal for such cohort group and conducting a four-year or five-year longitudinal academic evaluation of such cohort group in accordance with this section. Such process shall continue until the school district achieves the state board of education's goal to have 75% of all students who took the statewide assessments during the preceding school year achieve academic proficiency by scoring at performance level 3 or 4 on the statewide assessments in both English language arts and mathematics.
(i) (1) For school years 2024-2025 and 2025-2026, the provisions of subsections (a) through (h) shall be implemented as a pilot program by 10 school districts selected by the state board of education for participation in such pilot program. When selecting the 10 school districts that will participate in such pilot program, the state board of education shall select a diverse array of school districts with consideration given to a school district's size, location, student demographics and level of staff participation and prior training in the science of reading.
(2) Commencing in school year 2026-2027, the provisions of subsections (a) through (h) shall be implemented by all school districts, including the school districts that participated in the pilot program. A school district that participated in the pilot program may identify new student cohort groups in such school year.
(j) (1) Each school district board of education shall submit annually to the state board of education an at-risk student achievement report on a form and in the manner established by the state board that includes:
(A) Subject to the provisions of subsection (i), the school district's at-risk student accountability plan to attain student proficiency established in accordance with this section that includes the cohort groups identified by the board of education of the school district and the quantitative academic improvement goals established for such cohort groups;
(B) subject to the provisions of subsection (i), the current progress of the school district's plan to attain at-risk student proficiency and an estimation of whether the school district expects to meet or exceed the longitudinal academic improvement goals established by the school district board of education pursuant to this section;
(C) the expenditures made from the school district's at-risk education fund, which shall be submitted:
(i) In school years 2024-2025 and 2025-2026 by the school districts that are participating in the pilot program established pursuant to subsection (i); and
(ii) in school year 2026-2027 and each school year thereafter, by all school districts;
(D) the at-risk educational programs, services and resources and the provisional at-risk educational programs that the school district is using to support student achievement for students identified as eligible to receive at-risk program services and the targeted supports and interventions from the state board of education's list of approved at-risk educational programs that the school district is using to provide evidence-based instruction above and beyond regular education services to achieve the longitudinal academic improvement goals established for each cohort group;
(E) the number of students identified as eligible to receive at-risk or provisional at-risk educational programs and services who were served or provided assistance under the school district's approved at-risk program; and
(F) the data and research that the school district utilized to determine what programs and services are needed to implement the district's approved at-risk program.
(2) Each school district may provide a supplemental narrative to accompany the school district's at-risk student achievement report to provide information regarding annual progress reports or reasons why the school district was able to meet or not meet the longitudinal academic improvement goals established for each cohort group identified on the school district's at-risk student accountability plan pursuant to this section.
(3) To achieve uniform reporting of the number of students who are provided at-risk programs and services above and beyond that of a regular education, school districts shall report the information required pursuant to this subsection in a uniform manner required by the state board.
(k) Commencing in school year 2026-2027, the state board of education shall publish the plans and reports submitted by all school districts on the state board of education's website through the link on the state department of education's website homepage titled "accountability reports" with such reports published under a link titled "school district at-risk student accountability plans and reports." Commencing in school year 2026-2027, each school district board of education shall publish the school district's report on the school district's website and provide a link to the state department of education's website where all such reports are displayed.
(l) On or before January 31 each year, the state department of education shall prepare and present a summary of the reports submitted pursuant to subsection (j) to the house of representatives standing committee on K-12 education budget and the senate standing committee on education or any successor committees.
(m) As used in this section, "longitudinal" means the repeated examination and progress monitoring of the same individuals of a particular cohort group of students over a period of time.
(n) The provisions of this section shall take effect and be in force from and after July 1, 2024.
History: L. 2024, ch. 111, § 6; May 30.
History: L. 1931, ch. 275, §§ 1 to 5; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1921, ch. 252, §§ 1, 2; R.S. 1923, 72-3601, 72-3602; Repealed, L. 1947, ch. 359, § 19; June 30.
Revisor's Note: Section transferred to 72-4161.
Revisor's Note: Section transferred to 72-4162.
Revisor's Note: Section transferred to 72-4163.
Revisor's Note: Section transferred to 72-4164.
Revisor's Note: Section transferred to 72-4165.
Revisor's Note: Section transferred to 72-4166.
As used in this act:
(a) "School district" means any public school district.
(b) "Board" means the board of education of any school district.
(c) "State board" means the state board of education.
(d) "Department" means the state department of education.
(e) "Limited English proficient pupils" means national origin-minority pupils who because of their inability to speak, read, write and/or understand the English language are excluded from effective participation in the educational programs offered by a school district.
(f) "Qualified teacher" means a person employed by a school district for its bilingual education program who is: (1) A teacher qualified to instruct limited English proficient pupils as determined by standards established by the state board and who is so certified and endorsed by the state board; or (2) a paraprofessional qualified to assist certificated teachers in the instruction of limited English proficient pupils as determined by standards established by the state board and who is so approved by the state board.
(g) "Program" means a program of bilingual education designed primarily to develop the English language skills of limited English proficient pupils in order to integrate such pupils into regular educational programs and enable such pupils to progress toward the maximum of their abilities.
History: L. 1979, ch. 220, § 1; L. 1986, ch. 276, § 1; L. 1987, ch. 278, § 1; July 1.
(a) Programs of bilingual education shall meet standards and criteria set by the state board.
(b) Boards shall employ qualified teachers for programs.
History: L. 1979, ch. 220, § 2; L. 1987, ch. 278, § 2; L. 1992, ch. 280, § 48; July 1.
The boards of education of any two or more school districts may make and enter into agreements providing for cooperative operation and administration of a program of bilingual education on a shared-cost basis. Any school district which is a party to such a cooperative agreement may be designated the sponsoring district under such agreement. The agreement entered into shall provide for a separate fund of the sponsoring school district, to which each contracting district shall pay the moneys due from it under the agreement, and all such moneys received by the sponsoring district shall be credited to such fund. The expenses of a sponsoring district attributable to bilingual education shall be paid from such fund and payment of such expenses shall not be operating expenses of the sponsoring district. Payments from the general fund of a contracting district to a sponsoring district and transfers of money from the general fund of a sponsoring district to the separate fund provided for hereunder shall be operating expenses. Any agreement entered into under authority of this section shall be subject to change or termination by the legislature; and within the limitations provided by law, any such agreement may be changed or terminated by mutual agreement of the contracting school districts.
History: L. 1979, ch. 220, § 3; July 1.
The state board may adopt rules and regulations for the administration of this act and shall:
(a) Prescribe and adopt criteria and procedures for assessment and identification of limited English proficient pupils including identification of the specific educational deficiencies of such pupils;
(b) establish standards and criteria for procedures, activities and services to be provided in a program to develop the English language skills and to reduce the educational deficiencies of limited English proficient pupils including entry and exit procedures based on the English language proficiency of such pupils; and
(c) establish standards and criteria for reviewing, evaluating and approving school district programs.
History: L. 1979, ch. 220, § 4; L. 1986, ch. 276, § 2; L. 1992, ch. 280, § 49; July 1.
(a) There is hereby established in every school district a fund which shall be called the bilingual education fund, which fund shall consist of all moneys deposited therein or transferred thereto according to law. The expenses of a school district directly attributable to such bilingual education programs shall be paid from the bilingual education fund. Moneys deposited in or otherwise transferred to the bilingual education fund shall only be expended for those costs directly attributable to the provision of bilingual education programs.
(b) Any balance remaining in the bilingual education fund at the end of the budget year shall be carried forward into the bilingual education fund for succeeding budget years. Such fund shall not be subject to the provisions of K.S.A. 79-2925 through 79-2937, and amendments thereto. In preparing the budget of such school district, the amounts credited to and the amount on hand in the bilingual education fund, and the amount expended therefrom shall be included in the annual budget for the information of the residents of the school district.
(c) Each year the board of education of each school district shall prepare and submit to the state board a report on the bilingual education program and assistance provided by the district. Such report shall include information specifying the number of pupils who were served or provided assistance, the type of service provided, the research upon which the district relied in determining that a need for service or assistance existed, the results of providing such service or assistance and any other information required by the state board.
History: L. 1979, ch. 220, § 8; L. 2005, ch. 152, § 41; L. 2006, ch. 197, § 27; L. 2011, ch. 107, § 14; L. 2012, ch. 155, § 16; L. 2013, ch. 121, § 16; L. 2015, ch. 4, § 65; L. 2017, ch. 95, § 93; July 1.
The state board, in cooperation with the advisory committee on Hispanic affairs and with other appropriate agencies and organizations, may provide any board, upon its request therefor, with technical advice and assistance in the establishment and operation of a program of bilingual education, including assistance in conducting in-service training programs for qualified teachers, and may make studies and gather and disseminate information relating to materials, resources, procedures, programs and qualified teachers which are or may become available to school districts for utilization in such programs of bilingual education.
History: L. 1979, ch. 220, § 10; L. 1986, ch. 302, § 2; L. 1987, ch. 278, § 4; July 1.
History: L. 1921, ch. 251, § 1; R.S. 1923, 72-3701; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1991, ch. 226, § 1; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1991, ch. 226, § 2; L. 1992, ch. 280, § 41; Repealed, L. 2003, ch. 116, § 25; July 1.
History: L. 1991, ch. 226, §§ 3 to 8; Repealed, L. 1992, ch. 280, § 68; July 1.
The boards of education of any two or more school districts are hereby authorized to enter into a school district interlocal agreement in accordance with the provisions of K.S.A. 72-8230, and amendments thereto, for the purpose of jointly and cooperatively providing technology education programs in such school districts. Any school district having a technology education program in operation or having a plan to develop, implement or enhance such program shall, upon request, share information on the research, development and operation of such programs with other school districts.
History: L. 1991, ch. 226, § 9; May 9.
K.S.A. 72-3711 through 72-3715, and amendments thereto, and K.S.A. 2025 Supp. 72-3717, and amendments thereto, shall be known and may be cited as the virtual school act.
History: L. 2008, ch. 147, § 1; L. 2015, ch. 4, § 34; L. 2023, ch. 11, § 2; July 1.
As used in the virtual school act:
(a) "Virtual school" means any school or educational program that: (1) Is offered for credit; (2) uses distance-learning technologies which predominately use internet-based methods to deliver instruction; (3) involves instruction that occurs asynchronously with the teacher and student in separate locations; (4) requires the student to make academic progress toward the next grade level and matriculation from kindergarten through high school graduation; (5) requires the student to demonstrate competence in subject matter for each class or subject in which the student is enrolled as part of the virtual school; and (6) requires age-appropriate students to complete state assessment tests.
(b) "School district" means any school district which offers a virtual school.
(c) Except as provided by the virtual school act, words and phrases shall have the meanings ascribed thereto in K.S.A. 72-5132, and amendments thereto.
History: L. 2008, ch. 147, § 2; L. 2015, ch. 4, § 35; L. 2017, ch. 95, § 65; July 1.
(a) Virtual schools shall be under the general supervision of the state board. The state board may adopt any rules and regulations relating to virtual schools that the state board deems necessary to administer and enforce the virtual school act.
(b) No virtual school shall offer or provide any financial incentive for a student to enroll in a virtual school.
(c) As used in this section, "financial incentive" means any monetary payment or award that is intended to encourage, entice or motivate a student to enroll in a virtual school.
History: L. 2008, ch. 147, § 3; L. 2022, ch. 94, § 19; L. 2025, ch. 62, § 2; July 1.
In order to provide for the proper delivery of instruction through distance-learning technologies, school districts shall provide adequate training to teachers who teach in virtual schools. Each year, school districts shall submit a report relating to training programs provided by the district to teachers who teach in virtual schools. Such reports shall be submitted in the manner and form required by the state board.
History: L. 2008, ch. 147, § 4; July 1.
(a) In order to be included in the full-time equivalent enrollment of a virtual school, a student shall be in attendance at the virtual school on:
(1) A single school day on or before September 19 of the school year; and
(2) on a single school day on or after September 20 but before October 4 of the school year.
(b) A school district that offers a virtual school shall determine the full-time equivalent enrollment of each student enrolled in the virtual school on September 20 of the school year as follows:
(1) Determine the number of hours the student was in attendance on a single school day on or before September 19 of the school year;
(2) determine the number of hours the student was in attendance on a single school day on or after September 20 but before October 4 of the school year;
(3) add the numbers obtained under subsections (b)(1) and (b)(2);
(4) divide the sum obtained under subsection (b)(3) by 12. The quotient is the full-time equivalent enrollment of the student.
(c) The school days on which a district determines the full-time equivalent enrollment of a student under subsections (b)(1) and (2) shall be the school days on which the student has the highest number of hours of attendance at the virtual school. Not more than six hours of attendance may be counted in a single school day. Attendance may be shown by a student's on-line activity or entries in the student's virtual school journal or log of activities.
(d) Subject to the availability of appropriations and within the limits of any such appropriations, each school year, a school district that offers a virtual school shall receive virtual school state aid. The state board of education shall determine the amount of virtual school state aid a school district is to receive as follows:
(1) Determine the full-time equivalent enrollment of students enrolled in virtual school, excluding those students who are over 19 years of age who qualify for virtual school state aid pursuant to paragraph (2) and those students who are 19 years of age or younger who qualify for virtual school state aid pursuant to paragraph (3), and multiply the total full-time equivalent enrollment of such students by $5,600;
(2) for students enrolled in a virtual school who are over 19 years of age on or before September 20, the state board of education shall:
(A) Determine the number of one-hour credit courses reported on the Kansas collection KCAN report that such students have passed to meet the minimum graduation requirements established by the state board of education or the local school district board of education;
(B) validate such course completion using official student transcripts; and
(C) multiply the total number of such courses by $709, not to exceed six credit courses per school year;
(3) for students who are 19 years of age or younger who enroll in a virtual school as a dropout diploma completion virtual student, the state board shall:
(A) Determine the number of one-hour credit courses reported on the Kansas collection KCAN report that such students have passed to meet the minimum graduation requirements established by the state board of education or the local school district board of education;
(B) validate such course completion using official student transcripts; and
(C) multiply the total number of such courses by $709, not to exceed six credit courses per school year; and
(4) add the amounts calculated under subsections (d)(1) through (d)(3). The resulting sum is the amount of virtual school state aid the school district shall receive.
(e) The state board shall not deduct any virtual school state aid that is otherwise due to a school district pursuant to subsection (d)(2) or (d)(3) for any courses that were completed by students in the school year that precedes the year in which virtual school state aid is determined pursuant to this section. If the state board of education deducts any virtual school state aid that is otherwise due to a school district pursuant to subsection (d)(2) or (d)(3), such deduction shall only be made with respect to individual courses completed.
(f) (1) There is hereby established in every school district the virtual school fund. Such fund shall consist of all moneys deposited therein or transferred thereto according to law. The expenses of a school district directly attributable to virtual schools offered by a school district may be paid from the virtual school fund. The cost of an advance placement course provided to a student by a virtual school shall be paid by the virtual school. Moneys deposited in or otherwise transferred to the virtual school fund shall only be expended for those costs directly attributable to the provision of virtual instruction.
(2) Any balance remaining in the virtual school fund at the end of the budget year shall be carried forward into the virtual school fund for succeeding budget years. Such fund shall not be subject to the provisions of K.S.A. 79-2925 through 79-2937, and amendments thereto.
(3) In preparing the budget of such school district, the amounts credited to, the amount on hand in and the amount expended from the virtual school fund shall be included in the annual budget for the information of the residents of the school district. Interest earned on the investment of moneys in any such fund shall be credited to that fund.
(g) For the purposes of this section, a student enrolled in a virtual school who is not a resident of the state of Kansas shall not be counted in the full-time equivalent enrollment of the virtual school. The virtual school shall record the permanent address of any student enrolled in such virtual school.
(h) The state board of education shall publish on the state board's website the audit methodology used to determine and verify virtual school state aid entitlements pursuant to subsection (d)(2) and (d)(3).
(i) As used in this section, "dropout diploma completion virtual student" means any student who is 19 years of age or younger who has:
(1) A ratio of earned credits to expected credits for the student's cohort year of less than 75% when enrolling in a virtual school;
(2) (A) dropped out of high school such that the student has not attended any school of a school district for 60 consecutive days or more during the current school year and is not reasonably anticipated to recommence enrollment or attendance at any school of a school district during the current school year;
(B) dropped out of high school such that the student has not attended any school of a school district for 60 consecutive days or more during the preceding school year, did not finish such preceding school year and is not reasonably anticipated to recommence enrollment or attendance at any school of a school district during the current school year; or
(C) been exempted from compulsory student attendance by written consent of the parent pursuant to K.S.A. 72-3120, and amendments thereto; and
(3) not been counted in the enrollment of a virtual school as a full-time or part-time virtual student during the school year in which such student enrolls as a dropout diploma completion virtual student.
History: L. 2008, ch. 147, § 5; L. 2011, ch. 107, § 5; L. 2012, ch. 155, § 6; L. 2013, ch. 121, § 5; L. 2015, ch. 4, § 36; L. 2015, ch. 92, § 6; L. 2017, ch. 95, § 66; L. 2022, ch. 94, § 20; L. 2024, ch. 111, § 15; July 1.
History: L. 2008, ch. 147, § 6; Repealed, L. 2015, ch. 4, § 81; July 1.
(a) Any student enrolled in a virtual school on a full-time basis may take any statewide assessment required pursuant to K.S.A. 72-5170, and amendments thereto, in a virtual setting that best meets the educational needs of the student. Any administration of a virtual statewide assessment shall meet the following conditions:
(1) The assessment shall be administered to the student at an assigned date and time;
(2) the assessment shall be administered during a synchronous assessment session initiated and managed by an employee of the virtual school;
(3) the assessment administered in the virtual setting shall be the same assessment administered to students enrolled in a virtual school but taking the assessment in an in-person setting;
(4) the student shall be monitored by the assessment proctor via a camera for the duration of the assessment. If the assessment platform does not allow for integrated camera proctoring, the student shall use two devices during the assessment. The first device shall be used to take the assessment and the second device shall have a functioning camera and be used to monitor the student during the assessment;
(5) the device on which the student takes the assessment shall have browser lockdown software in operation for the duration of the assessment to prohibit internet browser usage by the student;
(6) the student to proctor ratio during the administration of an assessment shall be 10 to one or lower;
(7) the student shall not exit the assessment platform until instructed to do so by the proctor; and
(8) the completed assessment shall be verified by the assessment administrator.
(b) Any costs incurred by the state department of education in implementing the provisions of this section shall be paid for from the department's funds for administering all statewide assessments.
(c) This section shall be a part of and supplemental to the virtual school act.
History: L. 2023, ch. 11, § 1; July 1.
History: L. 1915, ch. 314, § 1; L. 1923, ch. 192, § 1; R.S. 1923, 72-3801; L. 1925, ch. 238, § 1; L. 1929, ch. 238, § 1; L. 1943, ch. 255, § 1; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1915, ch. 314, § 3; L. 1921, ch. 242, § 1; R.S. 1923, 72-3802; L. 1925, ch. 239, § 1; L. 1933, ch. 102, § 1 (Special Session); L. 1938, ch. 63, § 1; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1915, ch. 314, § 4; L. 1921, ch. 242, § 2; R.S. 1923, 72-3803; L. 1925, ch. 239, § 2; L. 1927, ch. 272, § 1; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1927, ch. 275, §§ 1, 2; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1929, ch. 239, § 1; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1929, ch. 239, § 2; Repealed, L. 1945, ch. 290, § 16; April 3.
History: L. 1931, ch. 261, §§ 1, 2; Repealed, L. 1945, ch. 290, § 16; April 3.
(a) Students admitted to a career technical education course or program which is conducted by the school district in which the student is enrolled may be charged fees but shall not be charged tuition.
(b) Postsecondary students admitted to a career technical education course or program shall pay tuition and fees as provided by laws applicable thereto.
(c) (1) Secondary students admitted to a career technical education course or program which is conducted by a community college, technical college or institute of technology may be charged fees, but shall not be charged tuition.
(2) Each school year, to the extent there are sufficient moneys appropriated to the career technical education secondary program, the state board of regents shall distribute state funds to community colleges, technical colleges and the Washburn institute of technology for the cost associated with secondary students enrolled in postsecondary career technical education programs as determined by the state board of regents.
(3) For purposes of this subsection:
(A) "Community college" means any community college established in accordance with chapter 71 of the Kansas Statutes Annotated, and amendments thereto.
(B) "Fees" means those charges assessed against a student by a community college, technical college or the institute of technology for student services, such as health clinics, athletic activities and technology services, or for books, supplies or other materials necessary for a particular course or program, the expense of which is not covered by tuition.
(C) "Institute of technology" means the institute of technology at Washburn university.
(D) "Secondary student" means a pupil who: (i) Has not attained a high school diploma or a general educational development (GED) credential; and (ii) is regularly enrolled in and attending a public or private secondary school.
(E) "Technical college" means a technical college designated pursuant to K.S.A. 74-32,458, 74-32,460, 74-32,461, 74-32,462, 74-32,464 or 74-32,465, and amendments thereto.
(F) "Tuition" means those charges assessed against a student by a community college, technical college or the institute of technology on a per credit hour, per course or per term basis, and that are charged to cover the general expense of providing instructional services.
(d) Students admitted to a vocational education course or program which is not conducted by the school district in which the student is enrolled shall be charged tuition and fees determined in accordance with subsection (e), subject however to the following: (1) Tuition or fees, or tuition and fees may be paid for the student in accordance with any agreement made under K.S.A. 72-3814, and amendments thereto; or
(2) if tuition of a student is not paid under paragraph (1) of this subsection, the tuition of the student shall be paid by the school district in which the student is enrolled. No school district shall pay tuition for a student who is a postsecondary student, and no school district shall be required to pay tuition or fees of a student who is eligible to have tuition and fees for the course or training the student selects paid by any state or federal agency from moneys, funds or appropriations made available under any one or more state or federal programs. Any state agency administering any one or more such programs shall pay such tuition and fees upon proper application by a student therefor.
(e) All tuition and fees charged for career technical education by any board shall be in such amounts as are authorized by rules and regulations adopted by the state board which shall establish general guidelines for tuition and fee schedules in career technical education courses and programs, except that tuition of postsecondary students shall be fixed in accordance with K.S.A. 72-4433*, and amendments thereto. The particular tuition and fee schedule of every career technical education program shall be subject to annual approval of the state board. A current complete schedule of tuition and fees for each career technical education course and program of each board as approved by the state board shall be maintained on file in the office of the state board, and shall be open for public inspection at any reasonable time.
History: L. 1969, ch. 318, § 7; L. 1972, ch. 255, § 1; L. 1974, ch. 298, § 5; L. 1985, ch. 241, § 1; L. 1992, ch. 248, § 9; L. 1999, ch. 147, § 103; L. 2012, ch. 159, § 8; July 1.
Whenever tuition of a student is to be paid by the school district in which the student is enrolled as specified in provision (2) of subsection (d) of K.S.A. 72-3810, and amendments thereto, the amount of tuition shall be billed by the area vocational school or a community college which is consolidated with an area vocational school or area vocational-technical school under the provisions of K.S.A. 71-1701 through 71-1706, to the school district in which the student is enrolled approximately at the commencement of the fifth week of the term to which such tuition applies, and such tuition shall be paid by the school district receiving the billing at the next regular board meeting following receipt of the bill.
History: L. 1972, ch. 255, § 2; L. 1985, ch. 241, § 2; L. 1992, ch. 248, § 10; July 1.
(a) Consonant with the provisions of subsection (b), the state board of regents shall adopt rules and regulations relating to enrollment procedures for students in career technical education courses or programs.
(b) Any person may apply to the board of education of the school district in which the person is enrolled for admittance to a career technical education course or program conducted in another school district. The application shall be approved by the board of education subject to the following conditions:
(1) The person is approved for admittance by the board administering the career technical education course or program.
(2) The course or program applied for is not offered in the career technical education department of the school district in which the student is enrolled, nor in a program which is available to residents of the school district in which the applicant is enrolled under the terms of an agreement made under K.S.A. 72-3814, and amendments thereto.
(3) The person applying is capable of benefiting from the instruction.
(c) Any eligible person may apply for admittance as a postsecondary student to a career technical education course or program of a school, as defined by subsection (k) of K.S.A. 72-4430*, and amendments thereto, and shall be approved for admittance in accordance with rules adopted by the board of the school to which application is made.
(d) Any person may apply for admittance to a career technical education course or program of a community college and shall be approved for admittance in accordance with rules adopted by the community college to which application is made.
(e) Any person admitted to any career technical education course or program shall meet such requirements of minimum age as are provided by law for the specific occupation or training courses or programs in which the person is enrolled.
(f) Any person who duly makes application for admission to a career technical education course or program, and whose application is denied for any reason, may request a review of the denial by the state board of regents in accordance with the provisions of K.S.A. 77-527, and amendments thereto.
History: L. 1969, ch. 318, § 8; L. 1985, ch. 241, § 3; L. 1986, ch. 267, § 6; L. 1988, ch. 356, § 274; L. 1989, ch. 283, § 12; L. 1999, ch. 147, § 104; L. 2009, ch. 24, § 8; July 1.
The school district in which a student is enrolled shall pay the tuition of such student to attend any career technical education course or program when such attendance is approved as provided in K.S.A. 72-3812, and amendments thereto, from its vocational education fund, except that any board receiving funds under an agreement under K.S.A. 72-3814, and amendments thereto, shall pay such tuition when the student is enrolled in a school district which is a party to the agreement if the agreement so provides. In the case of a school district which is not a party to an agreement under K.S.A. 72-3814, and amendments thereto, should there be insufficient or no moneys in the career technical education fund to pay such tuition, the board of education shall transfer from the general fund to the career technical education fund such amount as will satisfy the insufficiency.
History: L. 1969, ch. 318, § 9; L. 1973, ch. 292, § 51; L. 1985, ch. 241, § 4; L. 2012, ch. 159, § 9; July 1.
Any board may enter into a career technical education agreement with any other board or boards, subject to the following:
(a) Such agreement shall be for a term of at least three years but not exceeding five years.
(b) Such agreement shall be subject to change or cancellation by the legislature at any time in accordance with article 6, section 5 of the constitution of Kansas.
(c) Such agreement shall be approved by the state board before the same has any force or effect.
(d) Such agreement may provide for payment between boards of moneys for career technical education tuition or fees, or for establishing, conducting, maintaining or administering an area vocational school or any career technical education course or program.
(e) Such agreement may provide that the tuition of students enrolled in any of the contracting districts, when such students attend a career technical education course or program not offered in one of the contracting districts, shall be paid by the board receiving funds under this agreement.
(f) Such agreement may provide that certain career technical education courses or programs will be offered only in certain districts.
(g) Such agreement may provide that certain career technical education courses or programs are to be contracted for under conditions specified in the agreement.
(h) Such agreement shall make appropriate provision for modification thereof in the event of cancellation, discontinuance or disapproval of any course or program by the state board, whether the same constitutes a loss of current designation as an area vocational school or not.
(i) Such agreement shall provide that the board owning or having jurisdiction over physical facilities used for career technical education shall retain the ownership of or jurisdiction over such physical facilities; however, such agreement may provide for the use of such physical facilities during the term of the agreement or a shorter period of time. Any agreement under this section may provide for a different method of ownership or disposition of real or personal property or interest therein, if such provision has received the prior approval of the state board and the attorney general.
History: L. 1969, ch. 318, § 11; L. 1985, ch. 241, § 5; L. 1999, ch. 147, § 105; L. 2009, ch. 24, § 9; July 1.
(a) Any board may admit persons who reside outside of the state of Kansas as students to career technical education courses or programs.
(b) Persons from outside the state who are admitted to career technical education courses or programs by the board of a school district or by a board of control shall be admitted upon payment by or for such persons of tuition and fees which shall be equal in amount to a proportionate share of the total cost of operation and capital expenditures of the career technical education program, if such attendance and tuition has been planned for and approved by the state board and is not inconsistent with the state plan for career and technical education and rules and regulations of the state board. Such tuition shall be computed without diminution for state aid or local taxation or contribution, but shall be diminished in an amount appropriate to relieve any such student of cost or expense paid by or through federal aid, assistance or funds.
(c) Persons from outside the state who are admitted to career technical education courses or programs by any board other than the boards specified in subsection (b) shall be admitted upon payment of tuition and fees provided in tuition and fee schedules adopted by the board admitting such persons.
History: L. 1969, ch. 318, § 12; L. 1986, ch. 267, § 7; L. 2009, ch. 24, § 10; July 1.
Any board may receive any donation, gift, grant or bequest made for any purpose related to the conduct of career technical education courses or programs approved by the state board. In accordance with any conditions imposed by the donor, such board may expend any nonfederal or nonstate donation, gift, grant or bequest without complying with the provisions of the budget law, and the same shall not reduce the authority granted to any school district or community college to levy and expend taxes and tax money for any purpose. The state board may receive any donation, gift, grant or bequest made in behalf of any specific area vocational school or area vocational-technical school, or for the state program of area vocational schools and area vocational-technical schools or for any career technical education course or program.
History: L. 1969, ch. 318, § 13; L. 1983, ch. 238, § 1; L. 2009, ch. 24, § 11; L. 2009, ch. 143, § 27; July 1.
Every board shall make such periodic and special reports of statistical and financial information to the state board as it may request. Such reports shall be made upon forms provided by the state board. The state board and its officers and agents may inspect and audit any of the financial or other records of any board or board of control and may enter and inspect any physical facility used for any career technical education course or program.
History: L. 1969, ch. 318, § 15; L. 2009, ch. 24, § 12; July 1.
The provisions of this act shall not invalidate any agreement made prior to the effective date of this act under authority of K.S.A. 1968 Supp. 72-4330 (which is repealed by this act), but any amendment or renewal of such an agreement shall be subject to the provisions of this act.
History: L. 1969, ch. 318, § 16; April 21.
(a) The state board of regents shall establish the career technical education incentive program.
(b) (1) Each school year, to the extent there are sufficient moneys appropriated to the career technical education incentive program, the state board of regents shall make an award to those school districts who have at least one pupil who graduates from a high school in the school district having obtained an industry-recognized credential either prior to graduation from high school or by December 31 immediately following graduation from high school in an occupation that has been identified by the secretary of labor, in consultation with the state board of regents and the state board of education, as an occupation in highest need of additional skilled employees at the time the pupil entered the career technical education course or program in the school district. Such school districts shall receive an award in an amount equal to $1,000 for each such pupil graduating from a high school in the school district. Such awards shall be paid at such times as established by the state board of regents. Such awards shall be expended for the expenses incurred by the board of education of the school district under this subsection, and any moneys remaining after distribution in accordance with this subsection may be expended as determined by the board of education of a school district towards operating the school from which the pupils graduated. Upon receipt of such award and application by a pupil who has not attained a high school diploma and is currently or was previously enrolled in a career technical education course or program in the school district, the board of education of each school district shall pay ½ of the costs of the industry-recognized credential assessment specified in such application in an amount not to exceed $1,000. Such industry-recognized credential assessment shall be related to the career technical education course or program which such pupil is currently or was previously enrolled as determined by the board of education. No board of education shall be required to pay ½ of the cost of three or more industry-recognized credential assessments for the same or substantially the same industry-recognized credential for a pupil if such pupil fails to earn the industry-recognized credential within two attempts of taking the industry-recognized credential assessment.
(2) The state board of education shall certify to the state board of regents and the director of accounts and reports the amounts due to each school district pursuant to this subsection. Such certification, and the amount payable, shall be approved by the director of the budget. The director of accounts and reports shall draw warrants on the state treasurer payable to the district treasurer of each school district entitled to payment of such award amount, pursuant to vouchers approved by the state board of regents. Upon receipt of such warrant, each district treasurer shall deposit the amount of such award in the general fund of the school district.
(c) (1) Each school year, to the extent there are sufficient moneys appropriated to the career technical education incentive program, the state board of regents shall make an award to a community college, technical college or institute of technology who has at least one secondary student who is currently or was previously admitted to a career technical education course or program in accordance with subsection (c) of K.S.A. 72-3810, and amendments thereto, and such secondary student is regularly enrolled in and attending a private secondary school. The purpose of such award is to reimburse such community college, technical college or institute of technology for paying ½ of the costs of an industry-recognized credential assessment in an occupation that has been identified by the secretary of labor, in consultation with the state board of regents and the state board of education, as an occupation in highest need of additional skilled employees at the time the secondary student was admitted into such career technical education course or program. Upon receipt of such award and application by a secondary student who is currently or was previously enrolled in a career technical education course or program in accordance with subsection (c) of K.S.A. 72-3810, and amendments thereto, and is regularly enrolled in and attending a private secondary school, the governing body of the community college, technical college or the institute of technology which admitted such secondary student shall pay ½ of the costs of the industry-recognized credential assessment specified in such application in an amount not to exceed $1,000. Such industry-recognized credential assessment shall be related to the career technical education course or program in which such secondary student is currently or was previously enrolled as determined by such governing body of a community college, technical college or institute of technology. No governing body of a community college, technical college or institute of technology shall be required to pay ½ of the cost of three or more industry-recognized credential assessments for the same or substantially the same industry-recognized credential for a secondary student if such secondary student fails to earn the industry-recognized credential within two attempts of taking the industry-recognized credential assessment.
(2) Each governing body of a community college, technical college or institute of technology shall certify to the state board of regents the amount of any payments such community college, technical college or institute of technology will pay based on applications submitted by students pursuant to paragraph (1). The certification shall be on a form prescribed and furnished by the state board of regents, shall contain such information as the state board of regents shall require and shall be filed at the time specified by the state board of regents.
(3) In each school year, each governing body of a community college, technical college or institute of technology is entitled to receive from appropriations for the career technical education incentive program an amount which is equal to the amount certified to the state board of regents in accordance with the provisions of paragraph (2). The state board of regents shall certify to the director of accounts and reports the amount due each governing body of a community college, technical college or institute of technology. The director of accounts and reports shall draw warrants on the state treasurer payable to the treasurer of each governing body of a community college, technical college or institute of technology entitled to payment under this subsection upon vouchers approved by the state board of regents.
(4) Moneys received by a state board of regents under this subsection shall be deposited in the postsecondary technical education fund of each community college and at Washburn university for the Washburn institute of technology or the general operating fund in the technical college in accordance with K.S.A. 71-1808, and amendments thereto, and shall be considered reimbursements to the community college, technical college or institute of technology.
(d) Each school year, at such time as agreed to by the secretary of labor, the president of the state board of regents and the commissioner of education, the secretary shall provide the state board of regents and the state board of education with a list of those occupations in highest need of additional skilled employees. If the occupations identified in such list are not substantially the same as those occupations identified in the list from the prior year, reasonable notice of such changes shall be provided to school districts, community colleges, technical colleges and the institute of technology.
(e) The state board of regents and the state board of education, jointly, may adopt such rules and regulations necessary to implement and carry out the provisions of this section.
History: L. 2012, ch. 159, § 2; L. 2013, ch. 70, § 2; July 1.
(a) To determine the needs for secondary career technical education credentialing and student transitioning to employment success, the state department of education shall conduct a survey of the scope of high-value credential courses and standard career and technical education courses offered for students enrolled in each public high school. The survey shall determine the following:
(1) The career and technical education pathway courses offered for high school credit;
(2) the concurrent enrollment partnership and dual enrollment courses offered for high school and college credit;
(3) the concurrent enrollment partnership or dual enrollment courses that are offered by the high school and community college or technical college;
(4) the career and technical education courses that are offered by the high school that will not lead to credentialing;
(5) the number of students with documented accommodations who are not enrolled in a gifted program;
(6) the first-time pass rate of students who have earned approved standard career and technical education credentials in the prior three years;
(7) the first-time pass rate of students that have earned approved high-value credentials in the prior three years;
(8) the credentials earned in the prior three years and the number of students who earned such credentials; and
(9) the amount paid by the school district for students to take credential exams.
(b) The state department of education shall compile the results of the survey and shall report such results to the house standing committee on education and the senate standing committee on education on or before January 16, 2023.
History: L. 2022, ch. 86, § 6; July 1.
(a) On or before July 31, 2023, and each July 31 thereafter, the state board of education shall review and approve a list of high-value industry-recognized credentials and a list of standard industry-recognized credentials.
(b) Such lists shall be prepared by a committee established by the state board of education that includes representatives from the association of community college trustees, the Kansas technical education authority, the Kansas technical college association and the Kansas association of school boards.
History: L. 2022, ch. 86, § 7; July 1.
The state board of education shall establish a secondary career technical education credentialing and student transitioning to employment success pilot program for the 2022-2023 school year for high school students with documented accommodations, other than enrollment in a gifted program, who are enrolled in participating high schools that are served by the Washburn institute of technology service area. Such pilot program shall provide the following stipends and reimbursements to the following educational entities:
(a) The Washburn institute of technology, as defined in K.S.A. 74-3201b, and amendments thereto, shall receive a $20,000 stipend for additional counseling services for participating students and additional coordination services with participating high schools;
(b) each participating high school within the Washburn institute of technology service area shall receive a $500 stipend for additional student counseling services and coordination with the Washburn institute of technology; and
(c) each participating high school within the Washburn institute of technology service area shall be reimbursed for the total cost of the assessment for any participating student that takes a credential assessment.
History: L. 2022, ch. 86, § 8; July 1.
A preliminary report from participating school districts and representatives from the Washburn institute of technology shall be presented to the house standing committee on education and the senate standing committee on education on or before February 1, 2023. Such report shall include, but not be limited to, the career technical areas of study pursued, accommodations required for student participation, unanticipated obstacles for course enrollment or completion, barriers for student participation and future funding needs. Such report shall serve as the foundation for determining whether to expand the pilot program to other regions of the state, the amount of funding required to expand the pilot program and how to address barriers that impact student participation.
History: L. 2022, ch. 86, § 9; July 1.
(a) (1) A business that accepts a secondary student in a work-based learning program shall not be subject to civil liability for any claim arising from the student's negligent act or omission during the student's participation in the work-based learning program at the business or worksite.
(2) A business that accepts a secondary student in a work-based learning program shall not be subject to civil liability for any claim for bodily injury to the student or sickness or death by accident of the student arising from the business' negligent act or omission during the student's participation in the work-based learning program at the business or worksite.
(b) Except as provided by subsection (c), the school district shall be solely responsible for any loss to a student resulting from bodily injury or sickness or death by accident arising from any negligent act or omission on the part of the school district or business during the student's participation in the work-based learning program at the business or worksite.
(c) Nothing in this section shall provide immunity for the student or business for civil liability arising from gross negligence or willful misconduct.
(d) "Work-based learning program" means a learning program that:
(1) Includes, but is not limited to, work study, on-the-job training, job shadowing, internships, clinicals, practicums, co-ops and industry-led service-learning projects;
(2) is incorporated into secondary coursework or related to a specific field of study;
(3) integrates knowledge and theory learned in the classroom with the practical application and development of technical skills and proficiencies in a professional work setting; and
(4) shall not include wages, salary or other compensation to the secondary student.
(e) "Business" means any city, county or township, including, but not limited to, a fire department or law enforcement office or department, public university, municipal university, community college, technical college or not-for-profit private postsecondary educational institution, corporation, association, partnership, proprietorship, limited liability company, limited partnership, limited liability partnership, organization or other legal entity, whether for-profit or not-for-profit, that:
(1) Has entered into an agreement with a school district for a work-based learning program; and
(2) directly supervises a student who is participating in the work-based learning program, either on the premises of the business or at another location.
History: L. 2022, ch. 59, § 1; July 1.
(a) This section shall be known and may be cited as the career technical education credential and transition incentive for employment success act.
(b) Each school district that offers career technical education for students enrolled in any of the grades nine through 12 shall, upon request by any such student, pay any fees charged for any assessment or other examination that is required for such student to obtain an approved industry-sought career technical education credential.
(c) (1) On or before July 1, 2023, and each July 1 thereafter, the state board of education and state board of regents shall jointly conduct a survey of school districts and colleges on which career technical education credentials each school district offers that satisfies the definition of "industry-sought credential" under subsection (d).
(2) On or before July 31, 2023, and each July 31 thereafter, the state board of education and state board of regents, after consultation with the secretary of labor, the secretary of commerce and representatives of industries that recognize career technical education credentials, shall jointly approve a list of industry-sought credentials.
(d) As used in this section:
(1) "College" means any community college, technical college or the Washburn institute of technology; and
(2) "industry-sought credential" means a career technical education credential that is:
(A) Repeatedly referenced in job postings; and
(B) frequently referred to by employers in communications with school districts as a career technical education credential that is in demand.
History: L. 2023, ch. 64, § 10; May 4.
History: L. 1923, ch. 193, §§ 1, 2; R.S. 1923, 72-3901, 72-3902; Repealed, L. 1945, ch. 290, § 16; April 3.
As used in this act:
(a) "Kansas academy of mathematics and science" or "KAMS" means: (1) An accelerated residential, or on-line distance learning program for high school-age pupils who are academically talented in science and mathematics; and (2) a rigorous, two-year program of college coursework tailored to individual abilities and taught by the faculty of a postsecondary educational institution designated by the board. The purpose of KAMS is to provide an opportunity for academically talented pupils to work in a community of peers and to earn simultaneously college credits and a high school diploma. The state board of regents shall determine whether KAMS is a residential program, a distance learning program or a combination of on-line and in person coursework, seminars and learning activities.
(b) "Academically talented pupil" or "pupil" means a pupil who: (1) Is eligible for enrollment in the 11th grade or equivalent; (2) has completed at least two years of high school with distinction in mathematics or science by the end of 10th grade; (3) has achieved minimum composite scores of 23 on the ACT or 1100 on the SAT; and (4) demonstrates the maturity and capacity to benefit from the KAMS experience.
(c) "Postsecondary educational institution" has the meaning ascribed thereto in K.S.A. 74-3201b, and amendments thereto.
(d) "Board" means the state board of regents.
History: L. 2006, ch. 86, § 1; L. 2008, ch. 118, § 2; July 1.
(a) The state board of regents shall adopt any rules and regulations necessary for the administration of the provisions of this act and, subject to appropriations therefore, shall:
(1) Provide for establishment and operation of the Kansas academy of mathematics and science program by a postsecondary educational institution designated by the board;
(2) establish guidelines and procedures for operation of KAMS and for selection of academically talented pupils who apply for admission to KAMS;
(3) prescribe the curriculum of KAMS, including coursework in mathematics through calculus II, chemistry, biology, physics, computer science, English and history. The course of study for KAMS pupils shall be subject to the approval of the state board of education and shall be designed to meet both the high school graduation requirements and the requirements for an associate of arts or an associate of science degree. The state assessment scores of academically talented pupils in KAMS shall be included in the state assessment scores of the school district which such pupil last attended, but nothing herein shall preclude the use of such assessments by KAMS. Solely for the purpose of admission to KAMS, an academically talented pupil shall not be required to comply with the requirements of K.S.A. 76-717, and amendments thereto; and
(4) establish tuition and fees for academically talented pupils attending the KAMS program. For academically talented pupils who are enrolled in a Kansas school district, such tuition and fees, other than those fees which are regularly charged to high school pupils, shall be paid by the school district where such pupil is enrolled, but shall not exceed an amount equal to base state aid per pupil. All academically talented pupils shall be responsible for the payment of any fees regularly charged to other pupils enrolled in high school. Tuition and fees charged to pupils who are not enrolled in a Kansas school district may exceed the amount charged to pupils who are enrolled in a Kansas school district. Academically talented pupils who are not enrolled in a Kansas school district shall be responsible for the payment of all tuition and fees.
(b) The guidelines and procedures for the operation of KAMS shall address:
(1) Selection and admission of academically talented pupils on the basis of mathematics or science career interests, standardized tests scores, transcripts, teacher evaluations, essays, family commitment, personal interviews and other such factors as the board identifies;
(2) selection of faculty and faculty qualifications;
(3) research, laboratory and field trip activities;
(4) extracurricular activities;
(5) college and career counseling services;
(6) college credit to be awarded;
(7) preparation and utilization of manuals to be provided to high school counselors for use in advising academically talented pupils;
(8) computers and software needed;
(9) ways and means of encouraging and facilitating parental involvement in KAMS; and
(10) manner and method of publicizing KAMS and acquainting academically talented pupils and their parents with the benefits to be gained by attending KAMS.
(c) The procedure for selecting academically talented pupils for admission to KAMS shall provide for admission of 20 academically talented pupils selected on a congressional district basis with no more than five pupils from each of the four congressional districts and 20 other academically talented pupils selected on a statewide basis. If there are fewer than five academically talented pupils who apply for admission to KAMS from any one of the four congressional districts, academically talented pupils applying from the other Kansas congressional districts may be substituted therefore, but congressional district balance shall be maintained to the extent possible. The board of regents shall have the authority to expand the number of academically talented pupils and to authorize admission of nonresident academically talented pupils and international academically talented pupils as well as additional Kansas residents. Any such expansion of the number of Kansas residents pupils shall maintain the same proportions as provided above for congressional districts and selections on a statewide basis. At least ¾ of the total number of academically talented pupils enrolled in KAMS shall be Kansas residents.
Admittance to KAMS shall be determined solely pursuant to rules and regulations of the state board of regents. Nothing in this section shall be construed to require the admittance of a gifted pupil to KAMS or the inclusion of KAMS admittance as a part of a gifted pupil's IEP.
(d) The board shall have authority to aid regent institutions in developing short-term summer academies and shall include in its budget request funds for operating such academies. The governor shall include funding therefor in the governor's budget report.
History: L. 2006, ch. 86, § 2; L. 2008, ch. 118, § 3; L. 2012, ch. 173, § 2; June 7.
If the program is structured as a residential program, academically talented pupils shall be responsible for room and board charges. Academically talented pupils who demonstrate financial need may be provided room and board without charge.
History: L. 2006, ch. 86, § 3; L. 2008, ch. 118, § 4; July 1.
The state board of regents may accept and expend funds for KAMS from private and public sources.
History: L. 2006, ch. 86, § 4; July 1.
History: L. 1923, ch. 194, §§ 1 to 4; R.S. 1923, 72-4001 to 72-4004; Repealed, L. 1945, ch. 290, § 16; April 3.
As used in this act: (a) "Driver training motor vehicle" means an automobile or motorcycle acquired by a board pursuant to an agreement with a motor vehicle manufacturer or dealer for use in driver training courses; but does not include within its meaning any motor vehicle which is rented, leased, or owned by any school district, nonpublic school or community college.
(b) "Board" means the board of education of a school district, the governing authority of any nonpublic school offering any of grades kindergarten through 12 or the board of trustees of any community college.
(c) "Multi-vehicle driving range" means an off-street area in which several motor vehicles are used simultaneously to provide (1) laboratory instruction under the supervision of one or more instructors, or (2) the simultaneous education of several student drivers under the supervision of one instructor.
(d) "Division" means the division of vehicles of the department of revenue.
(e) "State board" means in the case of school districts and nonpublic schools, the state board of education and in the case of community colleges, the state board of regents.
History: L. 1973, ch. 305, § 1; L. 1999, ch. 147, § 122; July 1.
(a) Any board may enter into an agreement with any motor vehicle manufacturer or dealer for the purpose of obtaining driver training motor vehicles from such manufacturer or dealer for use in driver training courses.
(b) Every registration plate issued by a county treasurer for a driver training motor vehicle shall be accompanied by a decal with the words "driver education" appearing thereon, which decal shall be affixed to said plate.
(c) Any driver training motor vehicle may have the name of the manufacturer or dealer of any such motor vehicle prominently displayed thereon in letters not more than four (4) inches in height for advertising purposes.
History: L. 1973, ch. 305, § 2; July 1.
(a) The state board may adopt rules and regulations for the administration of this act.
(b) The state board shall prepare, on or before July 1 of each year, a list of schools conducting an approved course in driver training. Such list shall be prepared from the reports required under K.S.A. 8-272, and amendments thereto, and shall be sent to the division and other governmental agencies having need thereof.
(c) Any board desiring to conduct driver training courses must first have such courses approved by the state board and shall then be eligible to enter into agreements for driver training motor vehicles.
History: L. 1973, ch. 305, § 3; L. 1999, ch. 147, § 123; July 1.
No school shall have more than one driver training motor vehicle for each certified instructor teaching in a driver training program unless there is an approved program using a multi-vehicle range. Each such instructor must have an assignment in driver training. In the event there is an approved program in multi-vehicle range instruction, the state board shall certify the number of cars needed.
History: L. 1973, ch. 305, § 4; L. 1999, ch. 147, § 124; July 1.
No person shall use a driver training motor vehicle except during driver training course instruction. Any person using a driver training motor vehicle for purposes other than for such instruction shall be guilty of a misdemeanor, punishable by a fine not exceeding $50 for the first offense, and on subsequent offenses by a fine not exceeding $500. No person shall be in violation of this act if the person is required by the dealer or a school administrator to house or otherwise protect any such vehicle at the person's home or other facility.
History: L. 1973, ch. 305, § 5; L. 1999, ch. 147, § 125; July 1.
The contract of any employee of any educational institution which participates in the state safety fund, who officially sanctions the use of driver training motor vehicles in violation of this act shall be suspended for the remainder of the term for which the contract was made and two or more violations under this section by any employee of an educational institution in any one year shall result in the loss of subsequent participation in such fund by such educational institution.
History: L. 1973, ch. 305, § 6; L. 1999, ch. 147, § 126; July 1.
History: L. 1925, ch. 240, § 1; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1945, ch. 282, § 64; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1957, ch. 417, § 1; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1957, ch. 417, § 2; Repealed, L. 1969, ch. 310, § 66; July 1.
History: R.S. 1923, 72-4101; L. 1931, ch. 268, § 1; L. 1933, ch. 261, § 1; L. 1933, ch. 103, § 1 (Special Session); L. 1955, ch. 308, § 3; Repealed, L. 1957, ch. 373, § 8; June 29.
History: L. 1933, ch. 266, § 1; Repealed, L. 1957, ch. 373, § 8; June 29.
History: R.S. 1923, 72-4102; L. 1947, ch. 370, § 1; Repealed, L. 1957, ch. 373, § 8; June 29.
History: L. 1913, ch. 288, §§ 4, 5; R.S. 1923, 72-4103, 72-4104; Repealed, L. 1937, ch. 303, § 13; April 6.
History: L. 1913, ch. 288, § 6; R.S. 1923, 72-4105; L. 1933, ch. 262, § 6; L. 1955, ch. 308, § 4; Repealed, L. 1957, ch. 373, § 8; June 29.
History: L. 1933, ch. 262, §§ 1, 2; L. 1937, ch. 304, §§ 1, 2; Repealed, L. 1957, ch. 373, § 8; June 29.
History: L. 1933, ch. 262, §§ 3 to 5; Repealed, L. 1957, ch. 373, § 8; June 29.
History: L. 1937, ch. 204, § 3; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1913, ch. 288, § 7; R.S. 1923, 72-4106; Repealed, L. 1951, ch. 395, § 74; July 1.
Revisor's Note: Section transferred to 72-3344.
Revisor's Note: Section transferred to 72-3345.
History: L. 1913, ch. 288, § 9; L. 1915, ch. 297, § 3; L. 1917, ch. 292, § 2; R.S. 1923, 72-4108; L. 1947, ch. 370, § 2; L. 1955, ch. 308, § 6; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1913, ch. 288, § 11; R.S. 1923, 72-4109; Repealed, L. 1957, ch. 373, § 8; June 29.
History: R.S. 1923, 72-4110; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1913, ch. 288, § 13; L. 1915, ch. 297, § 5; R.S. 1923, 72-4111; L. 1947, ch. 370, § 3; Repealed, L. 1957, ch. 373, § 8; June 29.
History: L. 1915, ch. 297, § 6; R.S. 1923, 72-4112; Repealed, L. 1937, ch. 303, § 13; April 6.
History: L. 1913, ch. 288, § 14; R.S. 1923, 72-4113; Repealed, L. 1957, ch. 373, § 8; June 29.
History: L. 1937, ch. 303, §§ 1, 2; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1937, ch. 303, § 3; L. 1939, ch. 259, § 1; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1937, ch. 303, §§ 4, 5; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1937, ch. 303, § 6; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1937, ch. 303, § 7; L. 1943, ch. 277, § 4; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1937, ch. 303, §§ 8, 9; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1937, ch. 303, §§ 10 to 12; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1945, ch. 282, §§ 43, 44; L. 1955, ch. 308, §§ 7, 8; Repealed, L. 1957, ch. 373, § 8; June 29.
History: L. 1945, ch. 282, §§ 45, 46; L. 1955, ch. 308, §§ 9, 10; Repealed, L. 1957, ch. 373, § 8; June 29.
History: L. 1945, ch. 282, §§ 47, 48; Repealed, L. 1957, ch. 373, § 8; June 29.
History: L. 1945, ch. 282, § 49; L. 1955, ch. 308, § 11; Repealed, L. 1957, ch. 373, § 8; June 29.
History: L. 1945, ch. 282, § 50; Repealed, L. 1947, ch. 414, § 9; July 1.
History: L. 1945, ch. 282, § 51; L. 1949, ch. 423, § 5; L. 1967, ch. 434, § 4; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1945, ch. 282, § 52; Repealed, L. 1957, ch. 373, § 8; June 29.
History: L. 1945, ch. 282, § 53; L. 1955, ch. 326, § 1; L. 1957, ch. 373, § 6; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1945, ch. 282, §§ 54 to 56; Repealed, L. 1957, ch. 373, § 8; June 29.
History: L. 1955, ch. 308, § 12; Repealed, L. 1957, ch. 373, § 8; June 29.
Revisor's Note: Section transferred to 72-3346.
Revisor's Note: Section transferred to 72-3347.
Revisor's Note: Section transferred to 72-3348.
History: L. 1955, ch. 337, § 4; Repealed, L. 1965, ch. 402, § 20; May 1.
Revisor's Note: Section transferred to 72-3349.
Revisor's Note: Section transferred to 72-3350.
Revisor's Note: Section transferred to 72-3351.
History: L. 1957, ch. 373, §§ 1 to 4; L. 1969, ch. 310, §§ 18 to 21; Repealed, L. 1971, ch. 227, § 1; July 1.
History: L. 1957, ch. 373, § 7; L. 1969, ch. 310, § 22; Repealed, L. 1971, ch. 227, § 1; July 1.
History: L. 1961, ch. 373, §§ 1 to 6; Repealed, L. 1969, ch. 310, § 66; July 1.
Revisor's Note: Section transferred to 72-3356.
Revisor's Note: Section transferred to 72-3357.
As used in this act:
(a) "Board" means the board of education of any school district.
(b) "School district" means any public school district organized and operating under the laws of this state.
(c) "Parent education program" means a program developed and operated by a board for the purpose of providing expectant parents and parents of infants or toddlers or both with information, advice, assistance, resource materials, guidance and learning experiences regarding such measures as parenting skills and the various styles of parenting, the processes and principles of growth and development of children, home learning activities designed for infants and toddlers, techniques emphasizing a positive approach to discipline, effective methods of communicating and interacting with children so as to foster the development of self-esteem, strategies for structuring behavioral limits and increasing mutual positive regard, and other elements of effective parenting that are conducive to the structuring of a home environment in which children are encouraged to be successful and productive learners.
(d) "Infant" and "toddler" means any child under the age of eligibility for school attendance.
(e) "State board" means the state board of education.
History: L. 1990, ch. 258, § 1; L. 2008, ch. 77, § 2; July 1.
(a) The board of every school district may: (1) Develop and operate a parent education program; (2) enter into cooperative or interlocal agreements with one or more other boards for the development and operation of a parent education program; (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 provision of services which are appropriate to a parent education program; and (4) apply for a grant of state moneys to supplement amounts expended by the school district for development and operation of a parent education program.
(b) In order to be eligible to receive a grant of state moneys for the development and operation of a parent education program, a board shall submit to the state board an application for a grant and a description of the program. The application and description 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 the program and the application is prerequisite to the award of a grant.
(c) Each board which is awarded a grant under this act shall make such periodic and special reports of statistical and financial information to the state board as it may request.
History: L. 1990, ch. 258, § 2; July 1.
(a) The state board shall adopt rules and regulations for the administration of this act and shall:
(1) Establish standards and criteria for reviewing, evaluating and approving parent education programs and applications of school districts for grants;
(2) conduct a needs-assessment survey of school districts applying for grants;
(3) evaluate and approve parent education programs;
(4) establish priorities in accordance with the findings of the needs-assessment survey for the award of grants to school districts and for determination of the amount of such grants;
(5) be responsible for awarding grants to school districts; and
(6) request of and receive from each school district which is awarded a grant for development and operation of a parent education program reports containing information with regard to the effectiveness of the program.
(b) In evaluating and approving parent education programs for the award of grants to school districts, the state board shall consider:
(1) Prior experiences of school districts in the development and operation of parent education programs;
(2) level of effort exhibited by school districts in the development and operation of parent education programs;
(3) the amounts budgeted by school districts for the development and operation of parent education programs; and
(4) the potential effectiveness of the parent education programs for which applications for the grant of state moneys are made.
History: L. 1990, ch. 258, § 3; July 1.
(a) (1) In the 1990-91 school year, to the extent that appropriations are available therefor, and on the basis of established priorities, the state board shall select for the award of grants of state moneys those school districts, not to exceed 100 school districts, which the state board determines to be most capable of developing and operating successful parent education programs.
(2) In the 1991-92 school year, to the extent that appropriations are available therefor, and on the basis of established priorities, the state board shall select for the award of grants of state moneys those school districts, not to exceed 200 school districts, which the state board determines to be most capable of developing and operating successful parent education programs.
(3) In the 1992-93 school year and in each school year thereafter, to the extent that appropriations are available therefor, each school district which has developed and is operating an approved parent education program shall be eligible to receive a grant of state moneys.
(b) The amount of a grant to a school district shall be determined by the state board in accordance with established priorities, but in no event shall such amount exceed the amount of actual expenses incurred by the school district in the development and operation of a program. If the amount of appropriations for parent education programs is insufficient to pay in full the amount each school district is determined to be eligible to receive, the state board shall prorate the amount appropriated among all school districts in proportion to the amount each such school district is determined to be eligible to receive.
History: L. 1990, ch. 258, § 4; July 1.
There is hereby established in every school district which has developed and is operating a parent education program for which grants are awarded under this act a fund which shall be called the parent education program fund, which fund shall consist of all moneys deposited therein or transferred thereto according to law. Notwithstanding any other provision of law, all moneys received by the school district from whatever source for a parent education program operated under this act shall be credited to the fund established by this section. Amounts deposited in the parent education program fund may be used for the payment of expenses directly attributable to the program or may be transferred to the general fund of the school district as approved by the board of education.
History: L. 1990, ch. 258, § 5; L. 2011, ch. 107, § 4; L. 2012, ch. 155, § 5; L. 2013, ch. 121, § 4; L. 2015, ch. 4, § 33; July 1.
The state board in cooperation with the Kansas department for children and families, the state department of health and environment, and other appropriate associations and organizations, may provide any board, upon its request therefor, with technical advice and assistance regarding the development and operation of a parent education program or an application for a grant of state moneys, and may make studies and gather and disseminate information regarding materials, resources, procedures and personnel which are or may become available to assist school districts in the development and operation of parent education programs.
History: L. 1990, ch. 258, § 6; L. 2014, ch. 115, § 287; July 1.
History: L. 1903, ch. 20, § 1; R.S. 1923, 72-4201; Repealed, L. 1933, ch. 309, § 27; April 3.
History: L. 1903, ch. 20, §§ 2 to 4; R.S. 1923, 72-4202 to 72-4204; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1903, ch. 20, § 5; L. 1921, ch. 235, § 1; R.S. 1923, 72-4205; Repealed, L. 1945, ch. 282, § 69; July 1.
(a) It is the intention of article 42 of chapter 72 of the Kansas Statutes Annotated, and amendments thereto, to provide an alternative means within the public school system for ensuring accomplishment of the necessary outcomes of education by offering opportunities for school building or school district employees groups, educational services contractors, and other persons or entities to establish and maintain charter schools that operate within a school district structure, but independently from other schools of the district.
(b) As used in article 42 of chapter 72 of the Kansas Statutes Annotated, and amendments thereto, "charter school" means a separate and distinct school, attendance at which is voluntary, which is established to accomplish one or more of the purposes set forth in article 42 of chapter 72 of the Kansas Statutes Annotated, and amendments thereto. Each charter school shall be subject to accreditation requirements of the state board of education and must be accredited to maintain its charter. A charter school may be maintained in a separate facility or in an existing school facility if the charter school is operated separately from the other school in the shared facility. Each charter school shall offer a general curriculum appropriate to the grades offered at the charter school, but may include one or more special programs as part of its curriculum. A charter school also may be organized around a special emphasis, theme or concept or utilize innovative educational methods or practices, or a combination of these.
History: L. 1994, ch. 289, § 1; L. 2002, ch. 80, § 2; July 1.
The board of education of any school district may authorize the establishment of a nonsectarian charter school as a means of providing new opportunities for:
(a) Improved pupil learning;
(b) increased learning opportunities for pupils in special areas of emphasis in accord with themes established for charter schools;
(c) creative and unconventional instructional techniques and structures;
(d) new professional vistas for teachers who operate such schools or who choose to work in them; and
(e) freedom from conventional program constraints and mandates.
History: L. 1994, ch. 289, § 2; L. 2002, ch. 80, § 3; July 1.
(a) The state board of education shall design and prescribe the format of a petition for establishment of charter schools. The petition shall be designed in a manner that will provide for inclusion of a description of the key elements of the charter under which the school will be operated. The board of education of a school district may adopt policies and procedures for receiving, reviewing and screening petitions.
(b) A petition for the establishment of a charter school may be prepared and submitted to the board of education of a school district by or on behalf of a school building or school district employees group, an educational services contractor, or any other person or entity. Any such petition shall be submitted by not later than December 1 of the school year preceding the school year in which the charter school is proposed to be established.
(c) The board of education of a school district shall receive and review each petition for establishment or continuation of a charter school and may grant or renew a charter for operation of the school. The charter must contain the following key elements:
(1) A description of the educational program of the school, including the facilities that will be used to house the program;
(2) a description of the level of interest and support on the part of school district employees, parents, and the community;
(3) specification of program goals and the measurable pupil outcomes consonant with achieving the goals;
(4) explanation of how pupil performance in achieving the specified outcomes will be measured, evaluated, and reported;
(5) the governance structure of the school, including the means of ensuring accountability to the board of education;
(6) a description of qualifications to be met by persons employed by the district for assignment to the charter school;
(7) procedures that will be followed to ensure the health and safety of pupils and staff;
(8) criteria for admission of pupils, including a description of the lottery method to be used if too many pupils seek enrollment in the school;
(9) manner in which annual financial and program audits will be conducted;
(10) pupil suspension and expulsion policies, to the extent there is deviation from districtwide policies;
(11) manner of pupil participation in the Kansas assessment program;
(12) terms and conditions of employment in the charter school;
(13) specification of the manner in which contracts of employment and status of certificated employees of the district who participate in the operation of the school will be dealt with upon nonrenewal or revocation of the charter or upon a decision by any such employees to discontinue participation in the operation of the school;
(14) identification of school district policies and state board of education rules and regulations from which waiver is sought in order to facilitate operation of the school and explanation of the reasons such waivers are being requested;
(15) the proposed school budget, including an estimate of federal funds therefor and how such funds will be utilized; and
(16) a description of how the budget will be funded if federal funds are not available.
(d) In addition to satisfying a board of education with regard to the key elements contained in the charter, a charter school must comply with the following requirements in order to qualify for establishment or continuation:
(1) The school must be focused on outcomes or results and must participate in the quality performance accreditation process unless a specific request documenting the reasons for deviation from the process is submitted to and approved by the board of education and the state board of education;
(2) pupils in attendance at the school must be reasonably reflective of the racial and socio-economic composition of the school district as a whole;
(3) pupils may not be charged tuition; and
(4) compliance with applicable health, safety, and access laws must be assured.
(e) If, upon receipt of a petition for establishment or continuation of a charter school, a board of education finds the petition to be incomplete, the board may request the necessary information from the petitioner. After receiving a satisfactory petition, the board of education shall give notice of the time, date and place for the holding of a public hearing on the petition and shall rule on the petition within 30 days after the public hearing is held.
(1) If the board does not approve the petition, the board shall send a notification of denial to the petitioner and shall specify in writing the reasons therefor. A copy of such notification also shall be sent to the state board of education. Within 30 days from the date of the notification of denial, the petition may submit a request to the board of education for reconsideration of the petition and may submit an amended petition therewith. The board shall act on such request within 30 days of receipt of the request.
(2) If the board of education approves the petition, the board shall notify the petitioner and the state board of education within 30 days after the approval or by February 1 of the school year preceding the school year in which the charter school is proposed to be established, whichever is earlier.
(f) After being notified by a board of education of the approval of a petition, the state board shall determine whether the charter school can reasonably be expected to accomplish the program goals such charter school established pursuant to subsection (c). If the state board finds such charter school is not likely to achieve such program goals, the state board shall deny the petition. The state board shall send a notification of denial to the petitioner and the board of education and shall specify the reasons therefor. Within 30 days from the date of the notification of denial, the board of education may submit a request to the state board for reconsideration of the petition and the board of education may submit an amended petition therewith. The state board shall act on such request with [within] 60 days of receipt of the request.
(g) The state board shall notify boards of education and petitioners for the establishment of a charter school of the approval or disapproval thereof by not later than April 15 of the school year preceding the school year in which the charter school is proposed to be established.
(h) If a charter school that has been approved for establishment has sought waiver from any school district policy or state board of education rules and regulations, the board of education of the school district in which the charter school will be established may consider the reasons for which the waivers have been requested. If the board of education determines that the reasons for seeking such waivers are meritorious and legitimately related to successful operation of the charter school, the board of education may grant waiver of school district policy and may make application, on behalf of the charter school, to the state board of education for waiver of state board rules and regulations. The state board may consider the application for waiver and approve, deny, or amend and approve the application. Upon approval or amendment and approval of the application, the charter school may operate under the terms and conditions of the waiver. The manner and method of exercising the rights and performing the responsibilities, duties and functions provided for under any school district policy or state board rules and regulations that are waived under authority of this subsection shall be prescribed in the charter and governed thereby.
History: L. 1994, ch. 289, § 4; L. 2000, ch. 133, § 2; L. 2002, ch. 80, § 4; L. 2004, ch. 53, § 1; July 1.
(a) Whenever a charter school has been approved for establishment or continuation by the board of education of a school district and the state board of education after July 1, 2004, no other approval shall be required for a period of five school years. The board of education may consider renewal of the operational status of the charter school at the conclusion of: (1) A three-year period, if the charter was approved or renewed prior to July 1, 2004; or (2) a five-year period if the charter was approved or renewed after July 1, 2004. The board of education may either renew the charter and continue operation of the school, subject to approval by the state board of education, or nonrenew the charter and discontinue operation of the school.
(b) Renewal of the operational status of the charter school shall be approved only if the charter school has demonstrated progress in achieving the program goals it established pursuant to K.S.A. 72-4208, and amendments thereto. The board of education of a school district shall first determine whether the charter school is demonstrating such progress. If approved by the board of education, the state board shall review such progress and approve or nonrenew the charter or discontinue operation of the school.
(c) The board of education shall revoke the charter of a school if the school:
(1) Materially violates provisions contained in the charter;
(2) fails to make progress in achieving the program goals contained in the charter;
(3) fails to comply with fiscal accountability procedures as specified in the charter; or
(4) violates rules and regulations of the state board of education that have not been waived by the state board.
(d) Prior to nonrenewing or revoking a charter, a board of education shall hold a hearing on the issues in controversy. Spokespersons for the charter school shall be provided the opportunity to present information refuting the basis upon which the nonrenewal or revocation is premised. At least 30 days notice must be provided to representatives of the charter school prior to the hearing. Within 60 days after the hearing, the board of education shall announce its decision on the nonrenewal or revocation issue. The board may abandon the proposed nonrenewal or revocation, nonrenew or revoke the charter, or continue recognition of the charter contingent upon compliance with specified conditions. The decision of a board of education to nonrenew or revoke a charter shall be in writing to the charter school and shall specify the reasons for the nonrenewal or revocation. The decision is not subject to appeal; however, the charter school authorities may renew procedures for authority to operate a charter school, or within 30 days of the decision, the charter school authorities may submit a request to the board of education for the reconsideration of its decision and may submit an amended petition therewith. The board shall act on such request within 30 days of the request.
History: L. 1994, ch. 289, § 5; L. 2000, ch. 133, § 3; L. 2002, ch. 80, § 5; L. 2004, ch. 53, § 2; July 1.
The board of education of any school district in which a charter school is being operated shall provide transportation to and from the school for pupils who qualify for free meals under the national school lunch act and who live 2½ or more miles from the school. Nothing in this section shall operate in any manner to prevent a board of education from providing transportation to and from a charter school for all pupils attending the school.
History: L. 1994, ch. 289, § 6; July 1.
(a) All employees who are participating in the operation of a charter school and who qualify for membership in the Kansas public employees retirement system shall be members of the system.
(b) All employees of a school district who are participating in the operation of a charter school and who qualify for health insurance and other fringe benefit programs provided for other school district employees shall be eligible to participate in such programs.
History: L. 1994, ch. 289, § 7; July 1.
(a) The state board of education shall provide, upon request, any school building or school district employees group, any educational services contractor, and any other person or entity with technical advice and assistance regarding the establishment and operation of a charter school or the preparation of a petition requesting authorization of a board of education for the establishment and operation of such a school.
(b) At the conclusion of each school year in which a charter school is operated in a school district, the board of education of the school district shall evaluate the impact the charter school has had on the educational system of the district and shall submit the evaluation to the state board of education. If applicable, the evaluation shall include a statement regarding the reasons why a charter school was discontinued or did not seek renewal and whether the program will continue as a non-charter school. The state board shall review, assess and compile the evaluations of charter schools submitted by boards of education and shall submit the compilation of evaluations and other relevant material, including specification of school district and state board waivers granted with respect to the operation of each charter school, to the governor and the legislature.
History: L. 1994, ch. 289, § 8; L. 2004, ch. 53, § 3; July 1.
(a) The state board of education may adopt rules and regulations to:
(1) Administer the provisions of K.S.A. 72-4206 et. seq., and amendments thereto;
(2) require periodic reports from charter schools; and
(3) establish additional criteria for evaluating and approving charter schools.
(b) Charter schools approved on or before July 1, 2002, are not required to comply with rules and regulations adopted pursuant to subsection (a) until the charter of such school expires.
History: L. 2002, ch. 80, § 1; July 1.
The provisions of K.S.A. 72-4221 through 72-4230, and amendments thereto, shall be known and may be cited as the coalition of innovative districts act.
History: L. 2013, ch. 116, § 1; July 1.
As used in K.S.A. 72-4221 through 72-4230, and amendments thereto:
(a) "Board of education" means the locally elected board of education of a school district.
(b) "Public innovative district" means a school district that has been approved to operate as a public innovative district pursuant to K.S.A. 72-4223, and amendments thereto.
(c) "Coalition" means the coalition of innovative districts established pursuant to K.S.A. 72-4224, and amendments thereto.
(d) "Completion percentage" means the percentage of high school graduates of a public innovative district that have enlisted in military service or completed a postsecondary educational certificate program or degree program as determined by the national student clearinghouse, or other postsecondary educational program completion database utilized by such public innovative district.
(e) "School district" means a unified school district organized and operated under the laws of this state.
(f) "School year" means the 12-month period ending June 30.
(g) "State board" means the state board of education.
History: L. 2013, ch. 116, § 2; July 1.
(a) Except as provided in K.S.A. 72-4225, and amendments thereto, the board of education of any school district may apply to the state board for a grant of authority to operate such school district as a public innovative district. The application shall be submitted in the form and manner prescribed by the state board, and shall be submitted not later than December 1 of the school year preceding the school year in which the school district intends to operate as a public innovative district.
(b) The application shall include the following:
(1) A description of the educational programs of the public innovative district;
(2) a description of the interest and support for partnerships between the public innovative district, parents and the community;
(3) the specific goals and the measurable pupil outcomes to be obtained by operating as a public innovative district; and
(4) an explanation of how pupil performance in achieving the specified outcomes will be measured, evaluated and reported.
(c) (1) Within 90 days from the date such application is submitted, the state board shall review the application to determine compliance with this section, and shall approve or deny such application on or before the conclusion of such 90-day period. If the application is determined to be in compliance with this section, the state board shall approve such application and grant the school district authority to operate as a public innovative district. Notification of such approval shall be sent to the board of education of such school district within 10 days after such decision.
(2) If the state board determines such application is not in compliance with either this section, or K.S.A. 72-4225, and amendments thereto, the state board shall deny such application. Notification of such denial shall be sent to the board of education of such school district within 10 days after such decision and shall specify the reasons therefor. Within 30 days from the date such notification is sent, the board of education of such school district may submit a request to the state board for reconsideration of the application and may submit an amended application with such request. The state board shall act on the request for reconsideration within 60 days of receipt of such request.
(d) A public innovative district shall:
(1) Not charge tuition for any of the pupils residing within the public innovative district;
(2) participate in all Kansas math and reading assessments applicable to such public innovative district, or an alternative assessment program for measuring student progress as determined by the board of education;
(3) abide by all financial and auditing requirements that are applicable to school districts, except that a public innovative district may use generally accepted accounting principles;
(4) comply with all applicable health, safety and access laws; and
(5) comply with all statements set forth in the application submitted pursuant to subsection (a).
(e) (1) Except as otherwise provided in K.S.A. 72-4221 through 72-4230, and amendments thereto, or as required by the board of education of the public innovative district, a public innovative district shall be exempt from all laws and rules and regulations that are applicable to school districts.
(2) A public innovative district shall be subject to the special education for exceptional children act, the virtual school act, the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto, the provisions of K.S.A. 72-53,113 et seq., and amendments thereto, all laws governing the issuance of general obligation bonds by school districts, the provisions of K.S.A. 74-4901 et seq., and amendments thereto, and all laws governing the election of members of the board of education, the open meetings act as provided in K.S.A. 75-4317 et seq., and amendments thereto, and the open records act as provided in K.S.A. 45-215 et seq., and amendments thereto.
History: L. 2013, ch. 116, § 3; L. 2015, ch. 4, § 32; L. 2017, ch. 95, § 64; July 1.
(a) There is hereby established the coalition of innovative districts, which shall consist of each school district granted authority to operate as a public innovative district pursuant to K.S.A. 72-4223, and amendments thereto.
(b) The duties and functions of the coalition set forth in the provisions of K.S.A. 72-4221 through 72-4230, and amendments thereto, shall be carried out by the coalition board, which shall consist of one representative of each public innovative district who shall be designated by the board of education of such public innovative district.
(c) The chairperson of the coalition board shall be appointed by the governor, the chairperson of the senate committee on education and the chairperson of the house of representatives committee on education whose decision shall be unanimous. The chairperson shall serve for a term of five years. In the event of a vacancy in the position of chairperson, a successor shall be appointed pursuant to this subsection.
(d) The coalition board may meet at such times and places as determined by the coalition board. Any action by the coalition board shall be taken only upon approval by a majority of the members.
(e) The coalition board may organize itself into subcommittees.
(f) The coalition board shall report annually to the governor and the legislature regarding pupil performance in public innovative districts, recommendations for amendments to laws and rules and regulations pertaining to school districts and any other information regarding the operation of public innovative districts during the immediately preceding school year.
History: L. 2013, ch. 116, § 4; July 1.
(a) Until such time as two or more public innovative districts have been granted authority to operate as public innovative districts pursuant to K.S.A. 72-4223, and amendments thereto, any board of education of a school district desiring to operate as a public innovative district shall submit a request for approval to operate as a public innovative district to the governor, the chairperson of the senate committee on education and the chairperson of the house of representatives committee on education and have such request approved by a majority of the three persons prior to submitting an application to the state board under K.S.A. 72-4223, and amendments thereto. The request for approval shall include such information as is required to be included on an application for authority to operate as a public innovative district under K.S.A. 72-4223, and amendments thereto.
(b) Upon the approval of the first two public innovative districts, the board of education of a school district desiring to operate as a public innovative district shall submit a request for approval to operate as a public innovative district to the coalition board and have such request approved by the coalition board prior to submitting any application to the state board under K.S.A. 72-4223, and amendments thereto. The coalition board, in its sole discretion, shall approve or deny the request. As part of its review of such request, the coalition board may make recommendations to the requesting school district to modify the request, and may consider any such modifications prior to making a final decision.
(c) The request for approval required by subsection (b) shall include such information as is required to be included on an application for authority to operate as a public innovative district under K.S.A. 72-4223, and amendments thereto. Copies of the request for approval shall be submitted to each public innovative district that is a member of the coalition. Within 30 days after receipt of the request for approval by the last member to receive such request, the coalition board shall meet to approve or deny the request. Notification of the approval or denial of a request shall be sent to the board of education of the requesting school district within 10 days after such decision. If the request is denied, the notification shall specify the reasons therefor. Within 30 days from the date a notification of denial is sent, the board of education of the requesting school district may submit a request to the coalition board for reconsideration of the request for approval and may submit an amended request for approval with the request for reconsideration. The coalition board shall act on the request for reconsideration within 30 days of receipt of such request.
(d) (1) Except as provided by paragraph (2) of this subsection, no more than 10% of the school districts in the state shall operate as public innovative districts at any one time. Any request for approval submitted at such time shall be denied by the coalition board.
(2) An amount in excess of 10% but not to exceed 20% of school districts in the state may operate as public innovative districts if such school district operates a school within its district which is deemed to be either a title I focus school or a title I priority school as described by the state board under the elementary and secondary education act flexibility waiver, as amended in January of 2013. Any request for approval under this paragraph shall be reviewed by the coalition board for approval.
History: L. 2013, ch. 116, § 5; L. 2014, ch. 93, § 34; May 1.
(a) The authority to operate as a public innovative district shall be effective for a period of five school years. At least 90 days prior to the expiration of such five-year period, the board of education of a public innovative district may submit an application for renewal of its authority to operate as a public innovative district. Such renewal application shall be submitted in such form and manner as prescribed by the state board.
(b) A renewal application submitted pursuant to this section shall include:
(1) Evidence that such public innovative district has met the standards on the math and reading state assessments, or the alternative assessment adopted by the board of education, during the period of operation as a public innovative district;
(2) evidence that such public innovative district has shown improvement in its completion percentage during the period of operation as a public innovative district;
(3) demonstrated progress that such public innovative district is achieving the goals and outcomes described in its application for authority to operate as a public innovative district; and
(4) a description of compliance with the provisions of K.S.A. 72-4221 through 72-4230, and amendments thereto.
(c) (1) Within 60 days after such renewal application is submitted, the state board shall review the renewal application to determine compliance with this section. If the renewal application is in compliance with the provisions of this section, the state board shall grant the renewal of the authority to operate as a public innovative district for a subsequent five-year period and notify the board of education of such public innovative district within 10 days after such decision.
(2) If the state board determines the renewal application is not in compliance with this section, the state board shall hold a hearing on the issues in controversy. Representatives of the public innovative district shall be provided the opportunity to present information refuting the basis upon which the noncompliance is premised. At least 30 days' notice shall be provided to the board of education of the public innovative district prior to the hearing. Within 60 days after the hearing, the state board shall determine whether to not renew the grant of authority, renew the grant of authority contingent upon compliance with specified conditions or renew the grant of authority without conditions. Notification of such decision shall be sent to the board of education of the public innovative district and shall specify the reasons therefor.
(3) If a grant of authority is not renewed, the board of education of such school district may apply for a grant of authority to operate as a public innovative district in accordance with the provisions of K.S.A. 72-4221 through 72-4230, and amendments thereto.
History: L. 2013, ch. 116, § 6; July 1.
(a) If at any time a public innovative district fails to meet any of the renewal criteria set forth in subsection (b) of K.S.A. 72-4226, and amendments thereto, for two or more consecutive school years, then:
(1) Such public innovative district may submit a petition to the state board for a release of the grant of authority to operate as a public innovative district; or
(2) the coalition board may submit a petition to the state board requesting that such public innovative district have its grant of authority to operate as a public innovative district revoked.
(b) If a petition is submitted to the state board pursuant to subsection (a)(1), then the state board shall grant such petition and release such public innovative district from the grant of authority to operate as a public innovative district. Such release shall be effective for the school year immediately succeeding the grant of the petition.
(c) If a petition is submitted to the state board pursuant to subsection (a)(2), then the state board shall hold a hearing on the issues in controversy. Representatives of the public innovative district shall be provided the opportunity to present information refuting the basis upon which the petition is premised. At least 30 days' notice shall be provided to the board of education of the public innovative district prior to the hearing. Within 60 days after the hearing, the state board shall determine whether to grant or deny the petition. Notification of such decision shall be sent to the board of education of the public innovative district and shall specify the reasons therefor. If the petition is granted, the authority to operate as a public innovative district shall be revoked commencing with the school year immediately succeeding the grant of the petition.
History: L. 2013, ch. 116, § 7; July 1.
The members of the coalition, represented by the superintendent of each public innovative district, shall meet at least once a month to discuss the educational programs of the public innovative districts and the success or failure thereof. Such meetings shall be conducted in the spirit of cooperation and the sharing of educational program concepts that are either being implemented or being considered for implementation.
History: L. 2013, ch. 116, § 8; July 1.
The state board shall provide, upon request, any board of education with technical advice and assistance regarding the preparation of an application for a grant of authority to operate a public innovative district.
History: L. 2013, ch. 116, § 9; July 1.
The state board shall adopt such rules and regulations as necessary for the implementation and administration of the provisions of K.S.A. 72-4221 through 72-4230, and amendments thereto.
History: L. 2013, ch. 116, § 10; July 1.
The board of education of any school district may establish an alternative school or schools at any of the levels of grade seven or above to provide an educational alternative for students determined by such board of education to be unable to benefit from other schools of the school district. Courses of instruction and other requirements of statutes and rules and regulations shall apply to any such schools to the extent that the same are not obstructive to programs of learning and instruction in such schools. In the event the board of education determines that it is desirable to vary in some manner from the terms and conditions of a statute or the rules and regulations of the state board of education, such board of education shall make application to the state board of education for a complete or partial waiver of such statutory or rule and regulation requirements, and upon approval of such application, or amendment and approval thereof, the board of education shall be authorized to operate such alternative school under the terms and conditions of such waiver until such time as the waiver may be rescinded or modified by the state board, or by act of the legislature.
History: L. 1974, ch. 286, § 1; July 1.
History: L. 1917, ch. 280, § 1; R.S. 1923, 72-4301; Repealed, L. 1969, ch. 318, § 18; April 21.
History: L. 1917, ch. 280, § 2; R.S. 1923, 72-4302; L. 1953, ch. 333, § 1; L. 1963, ch. 377, § 8; Repealed, L. 1969, ch. 318, § 18; April 21.
History: L. 1968, ch. 269, §§ 6, 21, 22; Repealed, L. 1969, ch. 318, § 18; April 21.
History: L. 1917, ch. 280, § 3; R.S. 1923, 72-4303; L. 1953, ch. 334, § 1; Repealed, L. 1969, ch. 318, § 18; April 21.
History: L. 1917, ch. 280, §§ 4 to 6; R.S. 1923, 72-4304 to 72-4306; Repealed, L. 1969, ch. 318, § 18; April 21.
Revisor's Note: Later act, see 75-3735.
History: L. 1917, ch. 280, § 7; R.S. 1923, 72-4307; Repealed, L. 1953, ch. 375, § 95; July 1.
Revisor's Note: Section transferred to 76-12c01.
Revisor's Note: Section transferred to 76-12c02.
Revisor's Note: Section transferred to 76-12c06a.
Revisor's Note: Section transferred to 76-12c03.
Revisor's Note: Section transferred to 76-12c04.
Revisor's Note: Section transferred to 76-12c05.
Revisor's Note: Section transferred to 76-12c06.
Revisor's Note: Section transferred to 76-12c07.
Revisor's Note: Section transferred to 76-12c10.
Revisor's Note: Section transferred to 76-12c11.
Revisor's Note: Section transferred to 76-12c08.
Revisor's Note: Section transferred to 76-12c09.
History: L. 1961, ch. 336, § 9; L. 1967, ch. 434, § 3; L. 1968, ch. 378, § 8; Repealed, L. 1973, ch. 371, § 5; July 1.
History: L. 1941, ch. 337, §§ 1 to 3; Repealed, L. 1969, ch. 318, § 18; April 21.
History: L. 1963, ch. 377, §§ 1 to 5; Repealed, L. 1969, ch. 318, § 18; April 21.
History: L. 1968, ch. 263, § 1; Repealed, L. 1969, ch. 318, § 18; April 21.
History: L. 1963, ch. 377, §§ 6, 7; Repealed, L. 1969, ch. 318, § 18; April 21.
History: L. 1963, ch. 278, § 1; Repealed, L. 1969, ch. 318, § 18; April 21.
History: L. 1965, ch. 427, §§ 1 to 3; Repealed, L. 1969, ch. 318, § 18; April 21.
Revisor's Note: Sections previously relating to the Kansas Technical Institute were transferred to 76-204 et seq.
As used in this act:
(a) "Private elementary or secondary school" means an organization which regularly offers education at the elementary or secondary level and attendance at which satisfies the compulsory school attendance laws of this state, but which is not accredited by the state board of education.
(b) "Pupil records" means all records, files and data of pupils who are or have been in attendance at a private elementary or secondary school.
(c) "Official custodian" means any officer or employee of a private elementary or secondary school who is responsible for the custody and maintenance of pupil records.
History: L. 1982, ch. 286, § 1; July 1.
(a) The official custodian of every private elementary or secondary school shall register the name and address of the private elementary or secondary school with the state board of education.
(b) The state board of education shall administer the provisions of this act and shall prepare and maintain a compilation of the registrations submitted under subsection (a).
(c) Upon transfer of a pupil from a private elementary or secondary school to a school district, an accredited nonpublic school, or another private elementary or secondary school, the state board of education, upon request of the school district, accredited nonpublic school, or other private elementary or secondary school therefor, shall make available the registration of the private elementary or secondary school from which the pupil transferred.
History: L. 1982, ch. 286, § 2; L. 1986, ch. 268, § 3; July 1.
The purpose of this act is solely to make available to a school district, an accredited nonpublic school, or a private elementary or secondary school to which a pupil transfers, the name and location of the private elementary or secondary school from which the pupil transferred so that request may be made by the transferee school district, accredited nonpublic school, or private elementary or secondary school for the pupil's records.
History: L. 1982, ch. 286, § 3; L. 1986, ch. 268, § 4; July 1.
(a) A school district shall not be required to provide any person who has attained 19 years of age and who is not currently enrolled in the school district with educational services in a regular school setting. If a school district elects not to provide such person with educational services in a regular school setting, the school district shall offer the person educational services in an alternative setting or an alternative educational program. The educational services or educational program provided any person as an alternative to regular school placement shall be designed to provide the person with the opportunity to satisfactorily complete the course requirements of the state board of education necessary for graduation from high school.
(b) Whenever a school district provides educational services or educational programs to persons as an alternative to regular school placement, such persons shall be subject to the same requirements, terms and conditions of law, rules and regulations and district policies as are applicable to persons in regular school placement.
(c) The foregoing provisions of this section do not apply to persons who have been determined to be exceptional children, except gifted children, under the provisions of the special education for exceptional children act. Such persons shall be subject to the provisions of their respective individualized education programs.
History: L. 1997, ch. 130, § 1; July 1.
The provisions of K.S.A. 72-4351 through 72-4357, and amendments thereto, shall be known and may be cited as the tax credit for low income students scholarship program act.
History: L. 2014, ch. 93, § 55; May 1.
As used in the tax credit for low income students scholarship program act:
(a) "Contributions" means monetary gifts or donations and in-kind contributions, gifts or donations that have an established market value.
(b) "Department" means the Kansas department of revenue.
(c) "Educational scholarship" means an amount not to exceed $8,000 per school year provided to an eligible student, or to a qualified school with respect to an eligible student, to cover all or a portion of the costs of education including tuition, fees and expenses of a qualified school and, if applicable, the costs of transportation to a qualified school if provided by such qualified school.
(d) "Eligible student" means a child who:
(1) Resides in Kansas; and
(2) (A) (i) Has an annual family income that is less than or equal to 250% of the federal poverty guidelines as determined annually in the federal register by the United States department of health and human services under 42 U.S.C. § 9902(2); and
(ii) (a) was enrolled in kindergarten or any of the grades one through eight in any public school in the previous school year in which an educational scholarship is first sought for the child; or
(b) is eligible to be enrolled in any public school in the school year in which an educational scholarship is first sought for the child and the child is seven years of age or under; or
(B) has received an educational scholarship under the program and has not graduated from high school or reached the age of 21 years.
(e) "Parent" includes a guardian, custodian or other person with authority to act on behalf of the child.
(f) "Program" means the tax credit for low income students scholarship program established in K.S.A. 72-4351 through 72-4357, and amendments thereto.
(g) "Public school" means any school operated by a unified school district under the laws of this state.
(h) "Qualified school" means any nonpublic school that:
(1) Provides education to elementary or secondary students;
(2) is accredited by the state board or a national or regional accrediting agency that is recognized by the state board for the purpose of satisfying the teaching performance assessment for professional licensure or is working in good faith toward such accreditation;
(3) has notified the state board of its intention to participate in the program; and
(4) complies with the requirements of the program.
(i) "Scholarship granting organization" means an organization that complies with the requirements of this program and provides educational scholarships to eligible students or to qualified schools in which parents have enrolled eligible students.
(j) "School district" or "district" means any unified school district organized and operating under the laws of this state.
(k) "School year" means the same as in K.S.A. 72-5132, and amendments thereto.
(l) "Secretary" means the secretary of revenue.
(m) "State board" means the state board of education.
History: L. 2014, ch. 93, § 56; L. 2015, ch. 4, § 67; L. 2015, ch. 99, § 20; L. 2017, ch. 95, § 95; L. 2017, ch. 95, § 96; L. 2019, ch. 19, § 7; L. 2021, ch. 114, § 15; L. 2022, ch. 94, § 21; L. 2023, ch. 98, § 12; July 1.
(a) There is hereby established the tax credit for low income students scholarship program. The program shall provide eligible students with an opportunity to attend schools of their parents' choice.
(b) Each scholarship granting organization shall issue a receipt, in a form prescribed by the secretary, to each contributing taxpayer indicating the value of the contribution received. Each taxpayer shall provide a copy of such receipt when claiming the tax credit established in K.S.A. 72-4357, and amendments thereto.
(c) Prior to awarding an educational scholarship with respect to an eligible student, unless such student is under the age of six years, the scholarship granting organization shall receive written verification from the state board that such student is an eligible student under this program, provided the state board and the board of education of the school district in which the eligible student was enrolled the previous school year have received written consent from such eligible student's parent authorizing the release of such information.
(d) Upon receipt of information in accordance with K.S.A. 72-4354(a)(2), and amendments thereto, the state board shall inform the scholarship granting organization whether an educational scholarship has been awarded by another scholarship granting organization with respect to the eligible student.
(e) In each school year, no more than $8,000 in educational scholarships may be awarded under this program with respect to an eligible student.
History: L. 2014, ch. 93, § 57; L. 2015, ch. 99, § 21; July 1.
(a) To be eligible to participate in the program, a scholarship granting organization shall comply with the following:
(1) The scholarship granting organization shall notify the secretary and the state board of the scholarship granting organization's intent to provide educational scholarships;
(2) upon granting an educational scholarship, the scholarship granting organization shall report such information to the state board;
(3) the scholarship granting organization shall provide verification to the secretary that the scholarship granting organization is exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code of 1986;
(4) upon receipt of contributions in an aggregate amount or value in excess of $50,000 during a school year, a scholarship granting organization shall file with the state board either:
(A) A surety bond payable to the state in an amount equal to the aggregate amount of contributions expected to be received during the school year; or
(B) financial information demonstrating the scholarship granting organization's ability to pay an aggregate amount equal to the amount of the contributions expected to be received during the school year, which must be reviewed and approved of in writing by the state board;
(5) scholarship granting organizations that provide other nonprofit services in addition to providing educational scholarships shall not commingle contributions made under the program with other contributions made to such organization. A scholarship granting organization under this subsection shall also file with the state board, prior to the commencement of each school year, either:
(A) A surety bond payable to the state in an amount equal to the aggregate amount of contributions expected to be received during the school year; or
(B) financial information demonstrating the nonprofit organization's ability to pay an aggregate amount equal to the amount of the contributions expected to be received during the school year, which must be reviewed and approved of in writing by the state board;
(6) each qualified school receiving educational scholarships from the scholarship granting organization shall annually certify to the scholarship granting organization its compliance with the requirements of the program;
(7) at the end of the calendar year, the scholarship granting organization shall have its accounts examined and audited by a certified public accountant. Such audit shall include, but not be limited to, information verifying that the educational scholarships awarded by the scholarship granting organization were distributed to qualified schools with respect to eligible students determined by the state board under K.S.A.
72-4353(c), and amendments thereto, and information specified in this section. Prior to filing a copy of the audit with the state board, such audit shall be duly verified and certified by a certified public accountant; and
(8) if a scholarship granting organization decides to limit the number or type of qualified schools who will receive educational scholarships, the scholarship granting organization shall provide, in writing, the name or names of those qualified schools to any contributor and the state board.
(b) No scholarship granting organization shall provide an educational scholarship with respect to any eligible student to attend any qualified school with paid staff or paid board members, or relatives thereof, in common with the scholarship granting organization.
(c) The scholarship granting organization shall disburse not less than 90% of contributions received pursuant to the program in the form of educational scholarships within 36 months of receipt of such contributions. If such contributions have not been disbursed within the applicable 36-month time period, then the scholarship granting organization shall not accept new contributions until 90% of the received contributions have been disbursed in the form of educational scholarships. Any income earned from contributions must be disbursed in the form of educational scholarships.
(d) A scholarship granting organization may continue to provide an educational scholarship with respect to a student who was an eligible student in the year immediately preceding the current school year.
(e) A scholarship granting organization shall direct payments of educational scholarships to the qualified school attended by the eligible student or in which the eligible student is enrolled. Payment may be made by check made payable to both the parent and the qualified school or to only the qualified school. If an eligible student transfers to a new qualified school during a school year, the scholarship granting organization shall direct payment in a prorated amount to the original qualified school and the new qualified school based on the eligible student's attendance. If the eligible student transfers to a public school and enrolls in such public school after September 20 of the current school year, the scholarship granting organization shall direct payment in a prorated amount to the original qualified school and the public school based on the eligible student's attendance. The prorated amount to the public school shall be considered a donation and shall be paid to the school district of such public school in accordance with K.S.A.
72-1142, and amendments thereto.
(f) Each qualified school shall provide a link to the state department of education's webpage where the reports prepared pursuant to K.S.A.
72-5170, and amendments thereto, and K.S.A. 2025 Supp.
72-5178, and amendments thereto, for such school are published. The link shall be prominently displayed on the school's accountability reports webpage.
(g) By June 1 of each year, a scholarship granting organization shall submit a report to the state board for the educational scholarships provided in the immediately preceding 12 months. Such report shall be in a form and manner as prescribed by the state board, approved and signed by a certified public accountant, and shall contain the following information:
(1) The name and address of the scholarship granting organization;
(2) the name and address of each eligible student with respect to whom an educational scholarship was awarded by the scholarship granting organization;
(3) the total number and total dollar amount of contributions received during the 12-month reporting period; and
(4) the total number and total dollar amount of educational scholarships awarded during the 12-month reporting period and the total number and total dollar amount of educational scholarships awarded during the 12-month reporting period with respect to eligible students who qualified under K.S.A.
72-4352(d), and amendments thereto.
(h) No scholarship granting organization shall:
(1) Provide an educational scholarship with respect to an eligible student that is established by funding from any contributions made by any relative of such eligible student; or
(2) accept a contribution from any source with the express or implied condition that such contribution be directed toward an educational scholarship for a particular eligible student.
History: L. 2014, ch. 93, § 58; L. 2015, ch. 99, § 22; L. 2019, ch. 19, § 8; L. 2021, ch. 114, § 16; July 1.
On or before the first day of the legislative session in 2015, and each year thereafter, the state board shall prepare and submit a report to the legislature on the program. Annual reports shall include information reported to the state board under subsection (f) of K.S.A. 72-4354, and amendments thereto, and a summary of such information.
History: L. 2014, ch. 93, § 59; May 1.
(a) (1) To qualify for the tax credit allowed by this act, the scholarship granting organization shall apply each tax year to the state board for a certification that the scholarship granting organization is in substantial compliance with the program based on information received in the annual audit and yearly report filed by the scholarship granting organization with the state board.
(2) The state board shall prescribe the form of the application, which shall include, but not be limited to, the information set forth in subsection (a)(1).
(b) If the state board determines that the requirements under this section were met by the scholarship granting organization, the state board shall issue a certificate of compliance to the director of taxation.
(c) The state board shall adopt rules and regulations to implement the provisions of this section.
History: L. 2014, ch. 93, § 60; May 1.
(a) (1) There shall be allowed a credit against the corporate income tax liability imposed upon a taxpayer pursuant to the Kansas income tax act, the privilege tax liability imposed upon a taxpayer pursuant to the privilege tax imposed upon any national banking association, state bank, trust company or savings and loan association pursuant to article 11 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto, and the premium tax liability imposed upon a taxpayer pursuant to the premiums tax and privilege fees imposed upon an insurance company pursuant to K.S.A. 40-252, and amendments thereto, for tax years commencing after December 31, 2014, and ending before January 1, 2017, an amount equal to 70% of the amount contributed to a scholarship granting organization authorized pursuant to K.S.A. 72-4351 et seq., and amendments thereto.
(2) There shall be allowed a credit against the tax liability imposed upon a taxpayer pursuant to the Kansas income tax act, the privilege tax liability imposed upon a taxpayer pursuant to the privilege tax imposed upon any national banking association, state bank, trust company or savings and loan association pursuant to article 11 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto, and the premium tax liability imposed upon a taxpayer pursuant to the premiums tax and privilege fees imposed upon an insurance company pursuant to K.S.A. 40-252, and amendments thereto:
(A) For tax years commencing after December 31, 2016, and ending before January 1, 2022*, an amount equal to 70% of the amount contributed to a scholarship granting organization authorized pursuant to K.S.A. 72-4351 et seq., and amendments thereto; and
(B) for tax years commencing after December 31, 2022, an amount equal to 75% of the amount contributed to a scholarship granting organization authorized pursuant to K.S.A. 72-4351 et seq., and amendments thereto.
(3) In no event shall the total amount of contributions for any taxpayer allowed under this subsection exceed $500,000 for any tax year.
(b) The credit shall be claimed and deducted from the taxpayer's tax liability during the tax year in which the contribution was made to any such scholarship granting organization.
(c) For each tax year, in no event shall the total amount of credits allowed under this section exceed $10,000,000 for any one tax year. Except as otherwise provided, the allocation of such tax credits for each scholarship granting organization shall be determined by the scholarship granting organization in consultation with the secretary, and such determination shall be completed prior to the issuance of any tax credits pursuant to this section.
(d) If the amount of any such tax credit claimed by a taxpayer exceeds the taxpayer's income, privilege or premium tax liability, such excess amount may be carried over for deduction from the taxpayer's income, privilege or premium tax liability in the next succeeding year or years until the total amount of the credit has been deducted from tax liability.
(e) The secretary shall adopt rules and regulations regarding filing of documents that support the amount of credit claimed pursuant to this section.
History: L. 2014, ch. 93, § 61; L. 2017, ch. 95, § 97; L. 2023, ch. 98, § 13; July 1.
History: L. 1909, ch. 212, § 1; R.S. 1923, 72-4401; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1909, ch. 212, § 2; L. 1921, ch. 243, § 1; R.S. 1923, 72-4402; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1909, ch. 212, § 3; L. 1921, ch. 244, § 1; R.S. 1923, 72-4403; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1909, ch. 212, § 5; R.S. 1923, 72-4404; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1945, ch. 282, §§ 65 to 67; Repealed, L. 1947, ch. 362, § 4; July 1.
Revisor's Note: Section transferred to 74-32,405.
History: L. 1969, ch. 319, § 2; L. 1977, ch. 245, § 2; L. 1979, ch. 222, § 1; L. 1981, ch. 282, § 1; L. 1985, ch. 240, § 1; L. 1991, ch. 222, § 2; Repealed, L. 2000, ch. 86, § 9; April 20.
History: L. 1985, ch. 240, § 3; Repealed, L. 2000, ch. 86, § 9; April 20.
History: L. 1969, ch. 319, § 3; L. 1977, ch. 245, § 3; L. 1985, ch. 240, § 2; Repealed, L. 2000, ch. 86, § 9; April 20.
Revisor's Note: Section transferred to 74-32,406.
Revisor's Note: Section transferred to 74-32,407.
Revisor's Note: Section transferred to 74-32,408.
Revisor's Note: Section transferred to 74-32,409.
Revisor's Note: Section transferred to 74-32,410.
History: L. 1969, ch. 318, § 6; L. 1984, ch. 265, § 3; L. 1988, ch. 356, § 273; L. 1989, ch. 283, § 11; L. 1999, ch. 147, § 102; Repealed, L. 2009, ch. 24, § 27; July 1.
Revisor's Note: Section transferred to 74-32,411.
Revisor's Note: Section transferred to 72-3810.
Revisor's Note: Section transferred to 72-3811.
Revisor's Note: Section transferred to 72-3812.
Revisor's Note: Section transferred to 72-3813.
History: L. 1969, ch. 318, § 10; L. 1972, ch. 256, § 1; L. 1973, ch. 292, § 52; Repealed, L. 1978, ch. 296, § 17; July 1.
Revisor's Note: Section transferred to 72-3814.
Revisor's Note: Section transferred to 72-3815.
Revisor's Note: Section transferred to 72-3816.
History: L. 1969, ch. 318, § 14; L. 1978, ch. 278, § 9; L. 1986, ch. 267, § 8; L. 1999, ch. 147, § 130; Expired, June 30, 2000.
History: L. 1975, ch. 361, § 7; Repealed, L. 1986, ch. 267, § 12; July 1.
Revisor's Note: Section transferred to 72-3817.
Revisor's Note: Section transferred to 72-3818.
Revisor's Note: Section transferred to 74-32,412.
History: L. 1972, ch. 256, § 2; Repealed, L. 2011, ch. 97, § 50; July 1.
History: L. 1972, ch. 257, § 1; L. 1986, ch. 267, § 9; L. 1999, ch. 147, § 107; Repealed, L. 2009, ch. 24, § 27; July 1.
History: L. 1974, ch. 298, § 1; L. 1977, ch. 246, § 1; L. 1986, ch. 267, § 10; L. 1992, ch. 248, § 11; L. 2009, ch. 24, § 14; Repealed, L. 2011, ch. 97, § 50; July 1.
History: L. 1974, ch. 298, § 2; L. 1974, ch. 299, § 1; L. 1981, ch. 283, § 1; L. 2009, ch. 24, § 15; Repealed, L. 2011, ch. 97, § 50; July 1.
History: L. 1974, ch. 298, § 3; L. 1974, ch. 299, § 2; L. 2001, ch. 5, § 285; Revived and amended, L. 2004, ch. 185, § 47; Repealed, L. 2011, ch. 97, § 50; July 1.
History: L. 1974, ch. 298, § 4; L. 1981, ch. 283, § 2; L. 2002, ch. 42, § 1; L. 2002, ch. 127, § 11; L. 2009, ch. 24, § 16; Repealed, L. 2011, ch. 97, § 50; July 1.
History: L. 1974, ch. 298, § 6; Repealed, L. 1976, ch. 313, § 1; July 1.
History: L. 1987, ch. 267, § 1; Repealed, L. 2011, ch. 97, § 50; July 1.
History: L. 1988, ch. 278, § 1; L. 1996, ch. 163, § 1; L. 2003, ch. 154, § 20; Repealed, L. 2009, ch. 24, § 27; July 1.
History: L. 1988, ch. 278, § 2; L. 1992, ch. 280, § 42; L. 1996, ch. 163, § 2; L. 2003, ch. 154, § 21; Repealed, L. 2009, ch. 24, § 27; July 1.
History: L. 1988, ch. 278, §§ 3, 4; Repealed, L. 2009, ch. 24, § 27; July 1.
Revisor's Note: Section transferred to 74-32,413.
Revisor's Note: Section transferred to 74-32,414.
Revisor's Note: Section transferred to 74-32,415.
Revisor's Note: Section transferred to 74-32,416.
History: L. 1985, ch. 236, § 1; L. 1999, ch. 147, § 108; Repealed, L. 2009, ch. 24, § 27; July 1.
History: L. 1985, ch. 236, §§ 2 to 6; Repealed, L. 2009, ch. 24, § 27; July 1.
Revisor's Note: Section transferred to 74-32,417.
Revisor's Note: Section transferred to 74-32,418.
Revisor's Note: Section transferred to 74-32,419.
Revisor's Note: Section transferred to 74-32,420.
Revisor's Note: Section transferred to 74-32,421.
Revisor's Note: Section transferred to 74-32,422.
Revisor's Note: Section transferred to 74-32,423.
Revisor's Note: Section transferred to 74-32,424.
Revisor's Note: Section transferred to 74-32,425.
Revisor's Note: Section transferred to 74-32,426.
Revisor's Note: Section transferred to 74-32,427.
Revisor's Note: Section transferred to 74-32,428.
Revisor's Note: Section transferred to 74-32,429.
Revisor's Note: Section transferred to 74-32,430.
History: L. 1994, ch. 246, § 2; L. 1999, ch. 147, § 113; Repealed, L. 2011, ch. 97, § 50; July 1.
Revisor's Note: Section transferred to 74-32,451.
History: L. 1994, ch. 246, § 4; L. 1999, ch. 147, § 115; L. 2003, ch. 134, § 1; L. 2005, ch. 69, § 16; Repealed, L. 2009, ch. 24, § 27; July 1.
Revisor's Note: Section transferred to 74-32,452.
Revisor's Note: Section transferred to 74-32,453.
Revisor's Note: Section transferred to 74-32,454.
Revisor's Note: Section transferred to 74-32,455.
Revisor's Note: Section transferred to 74-32,456.
Revisor's Note: Section transferred to 74-32,457.
Revisor's Note: Section transferred to 74-32,458.
Revisor's Note: Section transferred to 74-32,460.
Revisor's Note: Section transferred to 74-32,461.
Revisor's Note: Section transferred to 74-32,462.
Revisor's Note: Section transferred to 74-32,463.
Revisor's Note: Section transferred to 74-32,464.
Revisor's Note: Section transferred to 74-32,465.
Revisor's Note: Section transferred to 74-32,466.
Revisor's Note: Section transferred to 74-32,467.
Revisor's Note: Section transferred to 74-32,468.
Revisor's Note: Section transferred to 74-32,401.
Revisor's Note: Section transferred to 74-32,402.
Revisor's Note: Section transferred to 74-32,403.
Revisor's Note: Section transferred to 74-32,404.
History: L. 2007, ch. 199, § 6; Expired, December 31, 2008.
Revisor's Note: Section transferred to 74-32,431.
Revisor's Note: Section transferred to 74-32,432.
Revisor's Note: Section transferred to 74-32,433.
Revisor's Note: Section transferred to 72-3819.
Revisor's Note: Section transferred to 74-32,434.
History: L. 1913, ch. 267, §§ 1, 2; R.S. 1923, 72-4501, 72-4502; Repealed, L. 1959, ch. 294, § 11; June 30.
History: L. 1913, ch. 267, § 3; L. 1919, ch. 271, § 1; R.S. 1923, 72-4503; Repealed, L. 1959, ch. 294, § 11; June 30.
History: L. 1913, ch. 267, §§ 4, 5; R.S. 1923, 72-4504, 72-4505; Repealed, L. 1959, ch. 294, § 11; June 30.
History: L. 1959, ch. 294, § 1; L. 1965, ch. 408, § 1; Repealed, L. 1969, ch. 320, § 10; July 1.
History: L. 1969, ch. 320, § 1; Repealed, L. 1974, ch. 311, § 14; July 1.
History: L. 1959, ch. 294, §§ 2 to 8; L. 1965, ch. 408, §§ 2 to 8; L. 1969, ch. 320, §§ 2 to 8; Repealed, L. 1974, ch. 311, § 14; July 1.
History: L. 1959, ch. 294, §§ 9, 10; L. 1965, ch. 408, §§ 9, 10; Repealed, L. 1969, ch. 320, § 10; July 1.
History: L. 1965, ch. 408, § 11; L. 1969, ch. 320, § 9; Repealed, L. 1974, ch. 311, § 14; July 1.
Revisor's Note: Section transferred to 74-32,253.
Revisor's Note: Section transferred to 74-32,254.
Revisor's Note: Section transferred to 74-32,255.
Revisor's Note: Section transferred to 74-32,256.
Revisor's Note: Section transferred to 74-32,257.
Revisor's Note: Section transferred to 74-32,258.
Revisor's Note: Section transferred to 74-32,259.
Revisor's Note: Section transferred to 74-32,260.
Revisor's Note: Section transferred to 74-32,261.
Revisor's Note: Section transferred to 74-32,262.
Revisor's Note: Section transferred to 74-32,263.
History: L. 1909, ch. 209, § 1; R.S. 1923, 72-4601; L. 1927, ch. 220, § 10; L. 1951, ch. 406, § 1; Repealed, L. 1972, ch. 157, § 20; July 1.
History: L. 1909, ch. 209, § 2; R.S. 1923, 72-4602; L. 1951, ch. 406, § 2; Repealed, L. 1972, ch. 157, § 20; July 1.
History: L. 1955, ch. 340, § 1; L. 1970, ch. 64, § 84; Repealed, L. 1972, ch. 157, § 20; July 1.
History: L. 1909, ch. 209, § 3; R.S. 1923, 72-4603; L. 1951, ch. 406, § 3; Repealed, L. 1972, ch. 157, § 20; July 1.
History: L. 1909, ch. 209, § 4; R.S. 1923, 72-4604; L. 1927, ch. 220, § 11; L. 1951, ch. 406, § 4; L. 1957, ch. 393, § 1; L. 1968, ch. 235, § 1; L. 1969, ch. 321, § 1; Repealed, L. 1972, ch. 157, § 20; July 1.
History: L. 1951, ch. 406, § 5; L. 1957, ch. 393, § 2; L. 1968, ch. 235, § 2; Repealed, L. 1972, ch. 157, § 20; July 1.
Revisor's Note: Later act, see 31-137 et seq.
History: L. 1909, ch. 209, § 5; R.S. 1923, 72-4605; L. 1927, ch. 220, § 12; L. 1951, ch. 406, § 6; L. 1969, ch. 310, § 62; Repealed, L. 1972, ch. 157, § 20; July 1.
History: L. 1909, ch. 209, § 6; R.S. 1923, 72-4606; L. 1927, ch. 220, § 13; Repealed, L. 1972, ch. 157, § 20; July 1.
History: L. 1909, ch. 209, § 7; R.S. 1923, 72-4607; Repealed, L. 1972, ch. 157, § 20; July 1.
History: L. 1909, ch. 86, § 1; R.S. 1923, 72-4701; L. 1951, ch. 395, § 72; L. 1963, ch. 234, § 101; Repealed, L. 1969, ch. 312, § 6; May 10.
History: R.S. 1923, 72-4702; Repealed, L. 1951, ch. 395, § 74; July 1.
Revisor's Note: Section transferred to 72-1111.
History: L. 1903, ch. 423, § 2; L. 1907, ch. 317, § 1; L. 1923, ch. 182, § 2; R.S. 1923, 72-4802; Repealed, L. 1969, ch. 316, § 3; L. 1969, ch. 310, § 66; July 1.
History: L. 1903, ch. 423, § 3; L. 1923, ch. 182, § 3; R.S. 1923, 72-4803; Repealed, L. 1969, ch. 316, § 3; L. 1969, ch. 310, § 66; July 1.
History: L. 1903, ch. 423, §§ 4, 5; R.S. 1923, 72-4804, 72-4805; Repealed, L. 1969, ch. 316, § 3; L. 1969, ch. 310, § 66; July 1.
History: L. 1903, ch. 423, § 6; L. 1923, ch. 182, § 4; R.S. 1923, 72-4806; Repealed, L. 1951, ch. 395, § 74; July 1.
Revisor's Note: Section transferred to 72-1110.
History: L. 1909, ch. 204, §§ 1 to 5; R.S. 1923, 72-4901 to 72-4905; L. 1961, ch. 338, §§ 1 to 5; Repealed, L. 1968, ch. 326, § 11; July 1.
History: L. 1968, ch. 326, §§ 1 to 10; Repealed, L. 1971, ch. 228, § 26; July 1.
History: L. 1971, ch. 228, § 1; Repealed, L. 2004, ch. 185, § 51; June 10.
History: L. 1971, ch. 228, §§ 2, 3; Repealed, L. 1998, ch. 171, § 31; July 1.
History: L. 1971, ch. 228, § 4; L. 1998, ch. 171, § 11; L. 1999, ch. 147, § 121; Repealed, L. 2004, ch. 185, § 51; June 10.
History: L. 1971, ch. 228, §§ 5, 6; L. 1998, ch. 171, §§ 12, 13; Repealed, L. 2004, ch. 185, § 51; June 10.
History: L. 1971, ch. 228, § 7; L. 1974, ch. 348, § 102; L. 1975, ch. 416, § 9; L. 1998, ch. 171, § 14; Repealed, L. 2004, ch. 185, § 51; June 10.
History: L. 1971, ch. 228, § 8; Repealed, L. 1998, ch. 171, § 31; July 1.
History: L. 1971, ch. 228, §§ 9 to 11; L. 1998, ch. 171, §§ 15 to 17; Repealed, L. 2004, ch. 185, § 51; June 10.
History: L. 1971, ch. 228, § 12; L. 1973, ch. 283, § 1; L. 1977, ch. 247, § 1; L. 1981, ch. 284, § 1; L. 1998, ch. 171, § 18; Repealed, L. 2004, ch. 185, § 51; June 10.
History: L. 1971, ch. 228, § 13; L. 1988, ch. 356, § 275; L. 1998, ch. 171, § 19; Repealed, L. 2004, ch. 185, § 51; June 10.
History: L. 1971, ch. 228, § 14; L. 1988, ch. 356, § 276; L. 1989, ch. 283, § 13; L. 1998, ch. 171, § 20; Repealed, L. 2004, ch. 185, § 51; June 10.
History: L. 1971, ch. 228, § 15; L. 1986, ch. 318, § 129; Repealed, L. 2004, ch. 185, § 51; June 10.
History: L. 1971, ch. 228, § 16; L. 1998, ch. 171, § 21; Repealed, L. 2004, ch. 185, § 51; June 10.
History: L. 1971, ch. 228, § 17; L. 1981, ch. 284, § 2; L. 1992, ch. 41, § 2; L. 1993, ch. 40, § 1; L. 1998, ch. 171, § 22; Repealed, L. 2004, ch. 185, § 51; June 10.
History: L. 1971, ch. 228, § 18; L. 1981, ch. 284, § 3; L. 1998, ch. 171, § 23; Repealed, L. 2004, ch. 185, § 51; June 10.
History: L. 1971, ch. 228, §§ 19 to 22; L. 1998, ch. 171, §§ 24 to 27; Repealed, L. 2004, ch. 185, § 51; June 10.
History: L. 1971, ch. 228, § 23; L. 1977, ch. 247, § 2; L. 1998, ch. 171, § 28; L. 2003, ch. 79, § 2; Repealed, L. 2004, ch. 185, § 51; June 10.
History: L. 1971, ch. 228, § 24; L. 1998, ch. 171, § 29; L. 2001, ch. 5, § 289; Repealed, L. 2004, ch. 185, § 51; June 10.
History: L. 1971, ch. 228, § 25; L. 1998, ch. 171, § 30; Repealed, L. 2004, ch. 185, § 51; June 10.
History: L. 1992, ch. 41, § 1; Repealed, L. 1993, ch. 40, § 2; July 1.
History: L. 1911, ch. 268, § 1; L. 1923, ch. 181, § 1; R.S. 1923, 72-5001; Repealed, L. 1937, ch. 306, § 7; March 30.
History: L. 1911, ch. 268, § 2; L. 1923, ch. 181, § 2; R.S. 1923, 72-5002; Repealed, L. 1937, ch. 306, § 7; March 30.
History: L. 1911, ch. 268, §§ 3, 4; R.S. 1923, 72-5003, 72-5004; Repealed, L. 1937, ch. 306, § 7; March 30.
History: L. 1923, ch. 181, § 3; R.S. 1923, 72-5005; Repealed, L. 1937, ch. 306, § 7; March 30.
History: L. 1911, ch. 268, § 6; L. 1923, ch. 181, § 4; R.S. 1923, 72-5006; Repealed, L. 1937, ch. 306, § 7; March 30.
History: L. 1911, ch. 268, § 7; R.S. 1923, 72-5007; Repealed, L. 1937, ch. 306, § 7; March 30.
History: L. 1911, ch. 268, § 9; L. 1923, ch. 181, § 5; R.S. 1923, 72-5008; Repealed, L. 1937, ch. 306, § 7; March 30.
Revisor's Note: Section transferred to 72-5901.
History: L. 1937, ch. 306, § 2; L. 1939, ch. 260, § 1; L. 1945, ch. 291, § 22; Repealed, L. 1947, ch. 372, § 1; June 30.
History: L. 1937, ch. 306, § 3; L. 1945, ch. 291, § 23; Repealed, L. 1947, ch. 372, § 1; June 30.
History: L. 1937, ch. 306, §§ 4 to 6; Repealed, L. 1947, ch. 372, § 1; June 30.
Revisor's Note: Section transferred to 72-4005.
Revisor's Note: Section transferred to 72-4006.
Revisor's Note: Section transferred to 72-4007.
Revisor's Note: Section transferred to 72-4008.
Revisor's Note: Section transferred to 72-4009.
Revisor's Note: Section transferred to 72-4010.
History: R.S. 1923, 72-5101; L. 1943, ch. 248, § 41; L. 1945, ch. 282, § 68; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1913, ch. 271, § 2; R.S. 1923, 72-5102; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1913, ch. 271, § 3; L. 1915, ch. 300, § 1; L. 1921, ch. 234, § 1; R.S. 1923, 72-5103; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1913, ch. 271, §§ 4, 5; R.S. 1923, 72-5104, 72-5105; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1947, ch. 390, §§ 1 to 6; L. 1969, ch. 310, §§ 26 to 31; Repealed, L. 1973, ch. 284, § 14; July 1.
Revisor's Note: Section transferred to 72-17,132.
Revisor's Note: Section transferred to 72-17,133.
Revisor's Note: Section transferred to 72-17,134.
Revisor's Note: Section transferred to 72-17,135.
Revisor's Note: Section transferred to 72-17,136.
Revisor's Note: Section transferred to 72-17,137.
Revisor's Note: Section transferred to 72-17,138.
Revisor's Note: Section transferred to 72-17,139.
Revisor's Note: Section transferred to 72-17,140.
Revisor's Note: Section transferred to 72-17,141.
Revisor's Note: Section transferred to 72-17,142.
Revisor's Note: Section transferred to 72-17,143.
Revisor's Note: Section transferred to 72-17,144.
Revisor's Note: Section transferred to 72-17,145.
Revisor's Note: Section transferred to 72-17,146.
Revisor's Note: Section transferred to 72-17,147.
Revisor's Note: Section transferred to 72-17,148.
The state school fund and the annual state school fund are hereby abolished. Whenever in the statutes of this state there is provision for moneys to be deposited in, credited to or collected for the benefit of either such fund or words of like effect, such moneys shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 1974, ch. 295, § 15; L. 1976, ch. 311, § 12; L. 2001, ch. 5, § 293; July 1.
(a) There is hereby established in the state treasury the mineral production education fund which shall be administered by the department of education. On and after July 1, 2016, all moneys that are to be credited to the mineral production education fund pursuant to the provisions of K.S.A. 79-4227, and amendments thereto, shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the mineral production education fund. All expenditures from the mineral production education fund shall be for school district finance. All expenditures from the mineral production education fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the commissioner of education or the designee of the commissioner.
(b) On January 15 and July 15 of each year, the director of accounts and reports shall transfer a sum equal to the total amount of moneys credited to the mineral production education fund during the six months next preceding the date of transfer, from the mineral production education fund to the state school district finance fund.
History: L. 2014, ch. 127, § 2; May 22.
K.S.A. 72-5131 et seq., and amendments thereto, shall be known and may be cited as the Kansas school equity and enhancement act.
History: L. 2017, ch. 95, § 3; L. 2019, ch. 19, § 9; L. 2021, ch. 114, § 17; July 1.
As used in the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto:
(a) "Adjusted enrollment" means the enrollment of a school district, excluding the remote enrollment determined pursuant to K.S.A. 2025 Supp. 72-5180, and amendments thereto, adjusted by adding the following weightings, if any, to the enrollment of a school district: At-risk student weighting; bilingual weighting; career technical education weighting; high-density at-risk student weighting; high enrollment weighting; low enrollment weighting; school facilities weighting; ancillary school facilities weighting; cost-of-living weighting; special education and related services weighting; and transportation weighting.
(b) "Ancillary school facilities weighting" means an addend component assigned to the enrollment of school districts pursuant to K.S.A. 72-5158, and amendments thereto, on the basis of costs attributable to commencing operation of one or more new school facilities by such school districts.
(c) (1) "At-risk student" means a student who is eligible for free meals under the national school lunch act, and who is enrolled in a school district that maintains an approved at-risk student assistance program.
(2) "At-risk student" does not include any student enrolled in any of the grades one through 12 who is in attendance less than full time, or any student who is over 19 years of age. The provisions of this paragraph shall not apply to any student who has an individualized education program.
(d) "At-risk student weighting" means an addend component assigned to the enrollment of school districts pursuant to K.S.A. 72-5151(a), and amendments thereto, on the basis of costs attributable to the maintenance of at-risk educational programs by such school districts.
(e) "Base aid for student excellence" or "BASE aid" means an amount appropriated by the legislature in a fiscal year for the designated year. The amount of BASE aid shall be as follows:
(1) For school year 2018-2019, $4,165;
(2) for school year 2019-2020, $4,436;
(3) for school year 2020-2021, $4,569;
(4) for school year 2021-2022, $4,706;
(5) for school year 2022-2023, $4,846; and
(6) for school year 2023-2024, and each school year thereafter, the BASE aid shall be the BASE aid amount for the immediately preceding school year plus an amount equal to the average percentage increase in the consumer price index for all urban consumers in the midwest region as published by the bureau of labor statistics of the United States department of labor during the three immediately preceding school years rounded to the nearest whole dollar amount.
(f) "Bilingual weighting" means an addend component assigned to the enrollment of school districts pursuant to K.S.A. 72-5150, and amendments thereto, on the basis of costs attributable to the maintenance of bilingual educational programs by such school districts.
(g) "Board" means the board of education of a school district.
(h) "Budget per student" means the general fund budget of a school district divided by the enrollment of the school district.
(i) "Categorical fund" means and includes the following funds of a school district: Adult education fund; adult supplementary education fund; at-risk education fund; bilingual education fund; career and postsecondary education fund; driver training fund; educational excellence grant program fund; extraordinary school program fund; food service fund; parent education program fund; preschool-aged at-risk education fund; professional development fund; special education fund; and summer program fund.
(j) "Cost-of-living weighting" means an addend component assigned to the enrollment of school districts pursuant to K.S.A. 72-5159, and amendments thereto, on the basis of costs attributable to the cost of living in such school districts.
(k) "Current school year" means the school year during which state foundation aid is determined by the state board under K.S.A. 72-5134, and amendments thereto.
(l) (1) "Enrollment" means, except as provided in K.S.A. 2025 Supp. 72-5180, and amendments thereto, whichever is the greater of:
(A) The number of students regularly enrolled in kindergarten and grades one through 12 in the school district on September 20 of the current school year plus the number of preschool-aged at-risk students regularly enrolled in the school district on September 20 of the current school year;
(B) the number of students regularly enrolled in kindergarten and grades one through 12 in the school district on September 20 of the preceding school year plus the number of preschool-aged at-risk students regularly enrolled in the school district on September 20 of the current school year;
(C) for any school district that has a military student, as that term is defined in K.S.A. 72-5139, and amendments thereto, enrolled in such district, and that received federal impact aid for the preceding school year, if the enrollment in such school district in the preceding school year has decreased from enrollment in the second preceding school year, the enrollment of the school district in the current school year means whichever is the greater of:
(i) The enrollment amounts determined under subparagraphs (A) or (B); or
(ii) the sum of the number of preschool-aged at-risk students regularly enrolled in the school district on September 20 of the preceding school year and the arithmetic mean of the sum of:
(a) The number of students regularly enrolled in kindergarten and grades one through 12 in the school district on September 20 of the preceding school year;
(b) the number of students regularly enrolled in kindergarten and grades one through 12 in the school district on September 20 of the second preceding school year; and
(c) the number of students regularly enrolled in kindergarten and grades one through 12 in the school district on September 20 of the third preceding school year; or
(D) for school year 2024-2025, the number of preschool-aged at-risk students regularly enrolled in the school district on September 20 of the current school year and the arithmetic mean of the sum of:
(i) The number of students regularly enrolled in kindergarten and grades one through 12 in the school district on September 20 of the preceding school year; and
(ii) the number of students regularly enrolled in kindergarten and grades one through 12 in the school district on September 20 of the second preceding school year.
(2) When enrollment is determined under paragraph (1), if the school district begins to offer kindergarten on a full-time basis in such school year, students regularly enrolled in kindergarten in the school district in the preceding school year shall be counted as one student regardless of actual attendance during such preceding school year.
(3) A foreign exchange student shall not be counted in the enrollment of a school district unless such student was regularly enrolled on September 20 and attending kindergarten or any of the grades one through 12 maintained by the district for at least one semester or two quarters, or the equivalent thereof.
(m) "February 20" has its usual meaning, except that in any year in which February 20 is not a day on which school is maintained, it means the first day after February 20 on which school is maintained.
(n) "Federal impact aid" means an amount equal to the federally qualified percentage of the amount of moneys a school district receives in the current school year under the provisions of title I of public law 874 and congressional appropriations therefor, excluding amounts received for assistance in cases of major disaster and amounts received under the low-rent housing program. The amount of federal impact aid shall be determined by the state board in accordance with terms and conditions imposed under the provisions of the public law and rules and regulations thereunder.
(o) "General fund" means the fund of a school district from which operating expenses are paid and in which is deposited all amounts of state foundation aid provided under this act, payments under K.S.A. 72-528, and amendments thereto, payments of federal funds made available under the provisions of title I of public law 874, except amounts received for assistance in cases of major disaster and amounts received under the low-rent housing program and such other moneys as are provided by law.
(p) "General fund budget" means the amount budgeted for operating expenses in the general fund of a school district.
(q) "High-density at-risk student weighting" means an addend component assigned to the enrollment of school districts pursuant to K.S.A. 72-5151(b), and amendments thereto, on the basis of costs attributable to the maintenance of at-risk educational programs by such school districts.
(r) "High enrollment weighting" means an addend component assigned to the enrollment of school districts pursuant to K.S.A. 72-5149(b), and amendments thereto, on the basis of costs attributable to maintenance of educational programs by such school districts.
(s) "Juvenile detention facility" means the same as such term is defined in K.S.A. 72-1173, and amendments thereto.
(t) "Local foundation aid" means the sum of the following amounts:
(1) An amount equal to any unexpended and unencumbered balance remaining in the general fund of the school district, except moneys received by the school district and authorized to be expended for the purposes specified in K.S.A. 72-5168, and amendments thereto;
(2) an amount equal to any remaining proceeds from taxes levied under authority of K.S.A. 72-7056 and 72-7072, prior to their repeal;
(3) an amount equal to the amount deposited in the general fund in the current school year from moneys received in such school year by the school district under the provisions of K.S.A. 72-3123(a), and amendments thereto;
(4) an amount equal to the amount deposited in the general fund in the current school year from moneys received in such school year by the school district pursuant to contracts made and entered into under authority of K.S.A. 72-3125, and amendments thereto;
(5) an amount equal to the amount credited to the general fund in the current school year from moneys distributed in such school year to the school district under the provisions of articles 17 and 34 of chapter 12 of the Kansas Statutes Annotated, and amendments thereto, and under the provisions of articles 42 and 51 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto;
(6) an amount equal to the amount of payments received by the school district under the provisions of K.S.A. 72-3423, and amendments thereto; and
(7) an amount equal to the amount of any grant received by the school district under the provisions of K.S.A. 72-3425, and amendments thereto.
(u) "Low enrollment weighting" means an addend component assigned to the enrollment of school districts pursuant to K.S.A. 72-5149(a), and amendments thereto, on the basis of costs attributable to maintenance of educational programs by such school districts.
(v) "Operating expenses" means the total expenditures and lawful transfers from the general fund of a school district during a school year for all purposes, except expenditures for the purposes specified in K.S.A. 72-5168, and amendments thereto.
(w) "Preceding school year" means the school year immediately before the current school year.
(x) "Preschool-aged at-risk student" means an at-risk student who has attained the age of three years, is under the age of eligibility for attendance at kindergarten, and has been selected by the state board in accordance with guidelines governing the selection of students for participation in head start programs.
(y) "Preschool-aged exceptional children" means exceptional children, except gifted children, who have attained the age of three years but are under the age of eligibility for attendance at kindergarten. "Exceptional children" and "gifted children" mean the same as those terms are defined in K.S.A. 72-3404, and amendments thereto.
(z) "Psychiatric residential treatment facility" means the same as such term is defined in K.S.A. 72-1173, and amendments thereto.
(aa) (1) "Remote enrollment" means the number of students regularly enrolled in kindergarten and grades one through 12 in the school district who attended school through remote learning in excess of the remote learning limitations provided in K.S.A. 2025 Supp. 72-5180, and amendments thereto.
(2) This subsection shall not apply in any school year prior to the 2021-2022 school year.
(bb) (1) "Remote learning" means a method of providing education in which the student, although regularly enrolled in a school district, does not physically attend the attendance center such student would otherwise attend in person on a full-time basis and curriculum and instruction are prepared, provided and supervised by teachers and staff of such school district to approximate the student learning experience that would take place in the attendance center classroom.
(2) "Remote learning" does not include virtual school as such term is defined in K.S.A. 72-3712, and amendments thereto.
(3) This subsection shall not apply in any school year prior to the 2021-2022 school year.
(cc) "School district" means a school district organized under the laws of this state that is maintaining public school for a school term in accordance with the provisions of K.S.A. 72-3115, and amendments thereto.
(dd) "School facilities weighting" means an addend component assigned to the enrollment of school districts pursuant to K.S.A. 72-5156, and amendments thereto, on the basis of costs attributable to commencing operation of one or more new school facilities by such school districts.
(ee) "School year" means the 12-month period ending June 30.
(ff) "September 20" has its usual meaning, except that in any year in which September 20 is not a day on which school is maintained, it means the first day after September 20 on which school is maintained.
(gg) "Special education and related services weighting" means an addend component assigned to the enrollment of school districts pursuant to K.S.A. 72-5157, and amendments thereto, on the basis of costs attributable to the maintenance of special education and related services by such school districts.
(hh) "State board" means the state board of education.
(ii) "State foundation aid" means the amount of aid distributed to a school district as determined by the state board pursuant to K.S.A. 72-5134, and amendments thereto.
(jj) (1) "Student" means any person who is regularly enrolled in a school district and attending kindergarten or any of the grades one through 12 maintained by the school district or who is regularly enrolled in a school district and attending kindergarten or any of the grades one through 12 in another school district in accordance with an agreement entered into under authority of K.S.A. 72-13,101, and amendments thereto, or who is regularly enrolled in a school district and attending special education services provided for preschool-aged exceptional children by the school district.
(2) (A) Except as otherwise provided in this subsection, the following shall be counted as one student:
(i) A student in attendance full time; and
(ii) a student enrolled in a school district and attending special education and related services, provided for by the school district.
(B) The following shall be counted as 1/2 student:
(i) A student enrolled in a school district and attending special education and related services for preschool-aged exceptional children provided for by the school district; and
(ii) a preschool-aged at-risk student enrolled in a school district and receiving services under an approved at-risk student assistance plan maintained by the school district.
(C) A student in attendance part-time shall be counted as that proportion of one student, to the nearest 1/10, that the student's attendance bears to full-time attendance.
(D) A student enrolled in and attending an institution of postsecondary education that is authorized under the laws of this state to award academic degrees shall be counted as one student if the student's postsecondary education enrollment and attendance together with the student's attendance in either of the grades 11 or 12 is at least 5/6 time, otherwise the student shall be counted as that proportion of one student, to the nearest 1/10, that the total time of the student's postsecondary education attendance and attendance in grades 11 or 12, as applicable, bears to full-time attendance.
(E) A student enrolled in and attending a technical college, a career technical education program of a community college or other approved career technical education program shall be counted as one student, if the student's career technical education attendance together with the student's attendance in any of grades nine through 12 is at least 5/6 time, otherwise the student shall be counted as that proportion of one student, to the nearest 1/10, that the total time of the student's career technical education attendance and attendance in any of grades nine through 12 bears to full-time attendance.
(F) A student enrolled in a school district and attending a non-virtual school and also attending a virtual school shall be counted as that proportion of one student, to the nearest 1/10, that the student's attendance at the non-virtual school bears to full-time attendance.
(G) A student enrolled in a school district and attending special education and related services provided for by the school district and also attending a virtual school shall be counted as that proportion of one student, to the nearest 1/10, that the student's attendance at the non-virtual school bears to full-time attendance.
(H) A student enrolled in a school district and attending school on a part-time basis through remote learning and also attending school in person on a part-time basis shall be counted as that proportion of one student, to the nearest 1/10, that the student's in-person attendance bears to full-time attendance.
(I) A student enrolled in a school district who is not a resident of Kansas shall be counted as 1/2 of a student.
This subparagraph shall not apply to:
(i) A student whose parent or legal guardian is an employee of the school district where such student is enrolled; or
(ii) a student who attended public school in Kansas during school year 2016-2017 and who attended public school in Kansas during the immediately preceding school year.
(3) The following shall not be counted as a student:
(A) An individual residing at the Flint Hills job corps center;
(B) except as provided in paragraph (2), an individual confined in and receiving educational services provided for by a school district at a juvenile detention facility; and
(C) an individual enrolled in a school district but housed, maintained and receiving educational services at a state institution or a psychiatric residential treatment facility.
(4) A student enrolled in virtual school pursuant to K.S.A. 72-3711 et seq., and amendments thereto, shall be counted in accordance with the provisions of K.S.A. 72-3715, and amendments thereto.
(5) A student enrolled in a school district who attends school through remote learning shall be counted in accordance with the provisions of this section and K.S.A. 2025 Supp. 72-5180, and amendments thereto.
(kk) "Total foundation aid" means an amount equal to the product obtained by multiplying the BASE aid by the adjusted enrollment of a school district.
(ll) "Transportation weighting" means an addend component assigned to the enrollment of school districts pursuant to K.S.A. 72-5148, and amendments thereto, on the basis of costs attributable to the provision or furnishing of transportation.
(mm) "Virtual school" means the same as such term is defined in K.S.A. 72-3712, and amendments thereto.
History: L. 2017, ch. 95, § 4; L. 2018, ch. 57, § 2; L. 2018, ch. 70, § 4; L. 2019, ch. 19, § 10; L. 2021, ch. 114, § 18; L. 2022, ch. 94, § 22; L. 2024, ch. 62, § 1; July 1.
(a) The state school district finance fund, established by K.S.A. 1991 Supp. 72-7081, prior to its repeal, is hereby continued in existence and shall consist of: (1) All moneys credited to such fund under K.S.A. 2017 Supp. 72-6463 through 72-6481, prior to July 1, 2017; and (2) all amounts transferred to such fund under K.S.A. 72-5136, 72-5142, 72-5143, 72-5158, 72-5159 and 72-5160, and amendments thereto.
(b) The state school district finance fund shall be used for the purpose of school district finance and for no other governmental purpose. It is the intent of the legislature that the fund shall remain intact and inviolate for such purpose, and moneys in the fund shall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-3726a, and amendments thereto.
(c) Amounts in the state school district finance fund shall be allocated and distributed to school districts as a portion of state foundation aid provided for under this act.
History: L. 2017, ch. 95, § 5; L. 2018, ch. 57, § 3; July 1.
On August 15, 2024, and each August 15 thereafter, the director of the budget, in consultation with the director of property valuation, shall certify to the director of accounts and reports if the exemption provided by K.S.A. 79-201x, and amendments thereto, is increased from $42,049 for any tax year. The director of the budget shall certify to the director of accounts and reports and shall transfer a copy of such certification to the director of legislative research the amount of revenue that the increase in the exemption provided by K.S.A. 79-201x, and amendments thereto, would have generated for the tax year if the exemption amount was $42,049. Upon receipt of such certification, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer such certified amount from the state general fund to the state school district finance fund of the department of education.
History: L. 2024, ch. 1, § 3 (Special Session); June 27.
In each school year, the state board shall determine the amount of state foundation aid for each school district for such school year. The state board shall determine the amount of the school district's local foundation aid for the school year. If the amount of the school district's local foundation aid is greater than the amount of total foundation aid determined for the school district for the school year, the school district shall not receive state foundation aid in any amount. If the amount of the school district's local foundation aid is less than the amount of total foundation aid determined for the school district for the school year, the state board shall subtract the amount of the school district's local foundation aid from the amount of total foundation aid. The remainder is the amount of state foundation aid the school district shall receive for the school year.
History: L. 2017, ch. 95, § 6; July 1.
(a) The distribution of state foundation aid under this act shall be made in accordance with appropriation acts each year as provided in this section.
(b) (1) In the months of July through May of each school year, the state board shall determine the amount of state foundation aid that will be required by each school district to maintain operations in each such month. In making such determination, the state board shall take into consideration the school district's access to local foundation aid and the obligations of the general fund that must be satisfied during the month. The amount determined by the state board under this provision is the amount of state foundation aid that will be distributed to the school district in the months of July through May.
(2) In the month of June of each school year, payment shall be made of the full amount of the state foundation aid determined for the school year less the sum of the monthly payments made in the months of July through May pursuant to subsection (b)(1).
(c) Payments of state foundation aid shall be distributed to school districts once each month on the dates prescribed by the state board. The state board shall certify to the director of accounts and reports the amount due as state foundation aid to each school district in each of the months of July through June. Such certification, and the amount of state foundation aid payable from the state general fund, shall be approved by the director of the budget. The director of accounts and reports shall draw warrants on the state treasurer payable to the school district treasurer of each school district, pursuant to vouchers approved by the state board. Upon receipt of such warrant, each school district treasurer shall deposit the amount of state foundation aid in the general fund of the school district.
(d) If any amount of state foundation aid that is due to be paid during the month of June of a school year pursuant to the other provisions of this section is not paid on or before June 30 of such school year, then such payment shall be paid on or after the ensuing July 1, as soon as moneys are available therefor. Any payment of state foundation aid that is due to be paid during the month of June of a school year and that is paid to school districts on or after the ensuing July 1 shall be recorded and accounted for by school districts as a receipt for the school year ending on the preceding June 30.
History: L. 2017, ch. 95, § 7; L. 2022, ch. 94, § 23; July 1.
In the event any school district is paid more than it is entitled to receive under any distribution made under this act or under any statute repealed by this act, the state board shall notify the school district of the amount of such overpayment, and such school district shall remit the same to the state board. The state board shall remit any moneys so received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state school district finance fund. If any school district fails to remit, the state board shall deduct the excess amounts paid from future payments becoming due to the school district. In the event any school district is paid less than the amount it is to receive under any distribution made under this act, the state board shall pay the additional amount due at any time within the school year in which the underpayment was made or within 60 days after the end of such school year.
History: L. 2017, ch. 95, § 8; July 1.
On or before October 10 of each school year, the clerk or superintendent of each school district shall certify under oath to the state board a report showing the total enrollment of the school district by grades maintained in the schools of the school district and such other reports as the state board may require. Each such report shall show postsecondary education enrollment, career technical education enrollment, special education enrollment, bilingual education enrollment, at-risk student enrollment and virtual school enrollment in such detail and form as is specified by the state board. Upon receipt of such reports, the state board shall examine the reports and if the state board finds any errors in any such report, the state board shall consult with the school district officer furnishing the report and make any necessary corrections in the report. On or before August 25 of each year, each such clerk or superintendent shall also certify to the state board a copy of the budget adopted by the school district, except when a school district must conduct a public hearing to approve exceeding the revenue neutral rate under K.S.A. 2025 Supp.
79-2988, and amendments thereto, a copy of such budget shall be certified to the state board on or before September 20.
History: L. 2017, ch. 95, § 9; L. 2021, ch. 58, § 1; July 1.
(a) If the state board determines that the enrollment of a school district in the preceding school year decreased from the enrollment in the second preceding school year and that a disaster contributed to such decrease, the enrollment of such school 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 students, if any, plus the average of the enrollment for the current and the preceding three school years, excluding the enrollment of preschool-aged at-risk students in each such year; or
(2) the enrollment of the school district, as defined in K.S.A. 72-5132, and amendments thereto.
(b) As used in this section, "disaster" means the occurrence of widespread or severe damage, injury or loss of life or property resulting from flood, earthquake, tornado, wind, storm, drought, blight or infestation.
History: L. 2017, ch. 95, § 10; July 1.
(a) Each school year, the state board shall:
(1) Determine the number of students enrolled in each school district on September 20; and
(2) determine the number of military students enrolled in each school district on February 20, who were not enrolled on the preceding September 20.
(b) If the number obtained under subsection (a)(2) is 25 or more, or such number is at least 1% of the number determined under subsection (a)(1), an amount equal to the number obtained under subsection (a)(2) shall be added to the number determined under subsection (a)(1). The resulting sum is the enrollment of the school district.
(c) The state board shall recompute the adjusted enrollment of the school district and the general fund budget of the school district based on the enrollment as determined under this section.
(d) School districts desiring to determine enrollment under this section shall submit any documentation or information required by the state board.
(e) As used in this section, the term "military student" means a person who is a dependent of a full-time active duty member of the military service or a dependent of a member of any of the United States military reserve forces who has been ordered to active duty under 10 U.S.C. §§ 12301, 12302 or 12304, or ordered to full-time active duty for a period of more than 30 consecutive days under 32 U.S.C. §§ 502(f) or 512 for the purposes of mobilizing for war, international peacekeeping missions, national emergency or homeland defense activities.
History: L. 2017, ch. 95, § 11; July 1.
Whenever a new school district has been established or the boundaries of a school district have been changed, the state board shall make appropriate revisions concerning the affected school districts as may be necessary for the purposes of this act to reflect such establishment of a school district or changes in boundaries. Such revisions shall be based on the most reliable data obtainable from the superintendent of the school district and the county clerk.
History: L. 2017, ch. 95, § 12; July 1.
(a) (1) For the purposes of this act, the total foundation aid for any school district formed by consolidation in accordance with the statutory provisions contained in article 7 of chapter 72 of the Kansas Statutes Annotated, and amendments thereto, shall be computed by the state board by determining the amount of the total foundation aid each of the former school districts that comprise the consolidated school district received in the school year preceding the date the consolidation was completed, and calculating the sum of such amounts. The sum is the total foundation aid of the consolidated school district for the school year in which the consolidation was completed.
(2) If any of the former school districts had an enrollment of less than 150 students in the school year preceding the consolidation, the total foundation aid of the newly consolidated school district for the two school years following the school year in which the consolidation was completed shall be the greater of: (A) The amount received in the school year in which the consolidation was completed; or (B) the amount the school district would receive under this act.
(3) If all of the former school districts had an enrollment of at least 150 students, but any had less than 200 students in the school year preceding the consolidation, the total foundation aid of the newly consolidated school district for the three school years following the school year in which the consolidation was completed shall be the greater of: (A) The amount received in the school year in which the consolidation was completed; or (B) the amount the school district would receive under this act.
(4) If all of the former school districts had an enrollment of 200 or more students in the school year preceding the consolidation, the total foundation aid of the newly consolidated school district for the four school years following the school year in which the consolidation was completed shall be the greater of: (A) The amount received in the school year in which the consolidation was completed; or (B) the amount the school district would receive under this act.
(5) If the consolidation involved the consolidation of three or more school districts, regardless of the number of students enrolled in the school districts, the total foundation aid of the newly consolidated school district for the four school years following the school year in which the consolidation was completed shall be the greater of: (A) The amount received in the school year in which the consolidation was completed; or (B) the amount the school district would receive under this act.
(b) (1) The provisions of this subsection shall apply to school districts that have been enlarged by the attachment of territory pursuant to the procedure established in article 6 of chapter 72 of the Kansas Statutes Annotated, and amendments thereto.
(2) For the purposes of this act, the total foundation aid for any school district to which this subsection applies shall be computed by the state board of education as follows: (A) Determine the amount of the total foundation aid each of the former school districts that comprise the enlarged school district received in the school year preceding the date the attachment was completed; and (B) add the amounts determined under subparagraph (A). The sum is the total foundation aid of the enlarged school district for the school year in which the attachment is completed.
(3) If any of the former school districts had an enrollment of less than 150 students in the school year preceding the attachment, the total foundation aid of the enlarged school district for the two school years following the school year in which the attachment was completed shall be the greater of: (A) The amount received in the school year in which the attachment was completed; or (B) the amount the school district would receive under this act.
(4) If all of the former school districts had an enrollment of at least 150 students, but any had less than 200 students in the school year preceding the attachment, the total foundation aid of the enlarged school district for the three school years following the school year in which the attachment was completed shall be the greater of: (A) The amount received in the school year in which the attachment was completed; or (B) the amount the school district would receive under this act.
(5) If all of the former school districts had an enrollment of 200 or more students in the school year preceding the attachment, the total foundation aid of the enlarged school district for the four school years following the school year in which the attachment was completed shall be the greater of: (A) The amount received in the school year in which the attachment was completed; or (B) the amount the school district would receive under this act.
(6) If three or more school districts, regardless of the number of students enrolled in the school districts, are disorganized and attached to a single school district, the total foundation aid of the enlarged school district for the four school years following the school year in which the attachment was completed shall be the greater of: (A) The amount received in the school year in which the attachment was completed; or (B) the amount the school district would receive under this act.
(7) Except as specifically provided by this paragraph for the allocation of total foundation aid among school districts, the provisions of paragraphs (1) through (6) shall be applicable to school districts to which this paragraph applies. If a school district is disorganized in accordance with article 6 of chapter 72 of the Kansas Statutes Annotated, and amendments thereto, and the territory of such school district is attached to more than one school district, the total foundation aid for each school district to which any territory from the disorganized school district is attached, shall be computed by the state board as follows: (A) Determine the amount of total foundation aid received by the former school district in the school year preceding the date the disorganization and attachment was completed; (B) determine the amount of total foundation aid received by the enlarged school district in the school year preceding the date the disorganization and attachment was completed; (C) determine the assessed valuation of the former school district in the school year preceding the date the disorganization and attachment was completed; (D) determine the assessed valuation of the territory attached to each enlarged school district; (E) allocate the amount of the total foundation aid received by the former school district in the school year preceding the date the disorganization and attachment was completed to each of the enlarged school districts in the same proportion the assessed valuation of the territory attached to each school district bears to the assessed valuation of the former school district; and (F) add the amounts determined under subparagraphs (B) and (E). The sum is the total foundation aid of the enlarged school district for the school year in which the attachment is completed.
History: L. 2017, ch. 95, § 13; July 1.
(a) The board of education of each school district shall levy an ad valorem tax upon the taxable tangible property of the school district in the school years specified in subsection (b) for the purpose of:
(1) Financing that portion of the school district's general fund budget that is not financed from any other source provided by law;
(2) paying a portion of the costs of operating and maintaining public schools in partial fulfillment of the constitutional obligation of the legislature to finance the educational interests of the state; and
(3) with respect to any redevelopment school district established prior to July 1, 1997, pursuant to K.S.A. 12-1771, and amendments thereto, paying a portion of the principal and interest on bonds issued by cities under authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located within the school district.
(b) The tax required under subsection (a) shall be levied at a rate of 20 mills in the school years 2025-2026 and 2026-2027.
(c) The proceeds from the tax levied by a district under authority of this section, except the proceeds of such tax levied for the purpose described in subsection (a)(3), shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state school district finance fund.
(d) No school district shall proceed under K.S.A. 79-1964, 79-1964a or 79-1964b, and amendments thereto.
History: L. 2017, ch. 95, § 14; L. 2019, ch. 19, § 11; L. 2021, ch. 115, § 3; L. 2023, ch. 98, § 15; L. 2025, ch. 128, § 1; May 8.
(a) In each school year, the board of education of a school district shall adopt, by resolution, a local option budget equal to 15% of the school district's total foundation aid.
(b) If the board of education of a school district desires local option budget authority above the amount required under subsection (a), the board may adopt, by resolution, a local option budget in an amount that does not exceed the statewide average for the preceding school year as determined by the state board pursuant to subsection (j). The adoption of a resolution pursuant to this section shall require a majority vote of the members of the board. Such resolution shall be effective upon adoption and shall require no other procedure, authorization or approval.
(c) If the board of a school district desires local option budget authority above the amount authorized under subsection (b), the board may adopt, by resolution, such budget in an amount not to exceed the state prescribed percentage. The adoption of a resolution pursuant to this subsection shall require a majority vote of the members of the board. The resolution shall be published at least once in a newspaper having general circulation in the school 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 in an amount not to exceed ____% of the amount of total foundation aid. The local option budget authorized by this resolution may be adopted, unless a petition in opposition to the same, signed by not less than 10% of the qualified electors of the school district, is filed with the county election officer of the home county of the school district within 40 days after publication of this resolution. If 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 ______, _____.
Clerk of the board of education.
All of the blanks in the resolution shall be filled appropriately. If a sufficient petition is not filed, the board may adopt a local option budget. If a sufficient petition is filed, 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. Any such election shall be noticed, called and held in the manner provided by K.S.A. 10-120, and amendments thereto. If the board fails to notify the county election officer within 30 days after a sufficient 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.
(d) Unless specifically stated otherwise in the resolution, the authority to adopt a local option budget shall be continuous and permanent. The board of any school district that is authorized to adopt a local option budget may adopt a budget in an amount less than the amount authorized, provided the board adopts a local option budget in an amount equal to or greater than the amount required under subsection (a).
(e) The board of any school district may initiate procedures to renew or increase the authority to adopt a local option budget at any time during a school year after the tax levied pursuant to K.S.A. 72-5147, and amendments thereto, is certified to the county clerk under any existing authorization.
(f) (1) Except as provided in paragraph (2), the board of any school district authorized to adopt a local option budget prior to July 1, 2017, under a resolution that authorized the adoption of such budget in accordance with the provisions of K.S.A. 72-6471, prior to July 1, 2017, may continue to operate under such resolution for the period of time specified in the resolution if such resolution adopted a local option budget equal to or greater than the amount required in subsection (a), or may abandon the resolution and operate under the provisions of this section. Any such school district shall operate under the provisions of this section after the period of time specified in any previously adopted resolution has expired.
(2) Any resolution adopted prior to July 1, 2017, pursuant to K.S.A. 72-6433(e)(2), prior to its repeal, that authorized the adoption of a local option budget and that was not subsequently submitted to and approved by a majority of the qualified electors of the school district voting at an election called and held thereon shall expire on June 30, 2018, and shall have no force and effect during school year 2018-2019 or any subsequent school year.
(g) Any resolution adopted pursuant to this section may revoke or repeal any resolution previously adopted by the board. If the resolution does not revoke or repeal previously adopted resolutions, all resolutions that are in effect shall expire on the same date. The maximum amount of the local option budget of a school district under all resolutions in effect shall not exceed the state prescribed percentage in any school year.
(h) For school year 2019-2020 and each school year thereafter, the board of any school district that desires to increase its local option budget authority for the immediately succeeding school year shall submit written notice of such intent to the state board by April 1 of the current school year. Such notice shall include the local option budget authority, expressed as a percentage of the school district's total foundation aid, to be adopted for the immediately succeeding school year. The board of a school district shall not adopt a local option budget in excess of the authority stated in a notice submitted pursuant to this subsection.
(i) (1) There is hereby established in each school district that adopts a local option budget a supplemental general fund, which shall consist of all amounts deposited therein or credited thereto according to law.
(2) (A) Of the moneys deposited in or otherwise credited to the supplemental general fund of a school district pursuant to K.S.A. 72-5147, and amendments thereto, an amount that is proportional to that amount of such school district's total foundation aid attributable to the at-risk student weighting as compared to such district's total foundation aid shall be transferred to the at-risk education fund of such school district and shall be expended in accordance with K.S.A. 72-5153, and amendments thereto.
(B) Of the moneys deposited in or otherwise credited to the supplemental general fund of a school district pursuant to K.S.A. 72-5147, and amendments thereto, an amount that is proportional to that amount of such school district's total foundation aid attributable to the bilingual weighting as compared to such district's total foundation aid shall be transferred to the bilingual education fund of such school district and shall be expended in accordance with K.S.A. 72-3613, and amendments thereto.
(C) Of the moneys deposited in or otherwise credited to the supplemental general fund of a school district pursuant to K.S.A. 72-5147, and amendments thereto, an amount that is proportional to that amount of such school district's total foundation aid attributable to the special education weighting as compared to such school district's total foundation aid shall be transferred to the special education fund of such school district and expended in accordance with K.S.A. 72-3422, and amendments thereto.
(3) Subject to the limitations imposed under paragraph (4), amounts in the supplemental general fund may be expended for any purpose for which expenditures from the general fund are authorized or may be transferred to any categorical fund of the school district. Amounts in the supplemental general fund attributable to any percentage over 25% of total foundation aid determined for the current school year may be transferred to the capital improvements fund of the school district and the capital outlay fund of the school district if such transfers are specified in the resolution authorizing the adoption of a local option budget in excess of 25%.
(4) Amounts in the supplemental general fund may not be expended for the purpose of making payments under any lease-purchase agreement involving the acquisition of land or buildings that is entered into pursuant to the provisions of K.S.A. 72-1149, and amendments thereto.
(5) (A) Except as provided in subparagraph (B), any unexpended moneys remaining in the supplemental general fund of a school district at the conclusion of any school year in which a local option budget is adopted shall be maintained in such fund.
(B) If the school district received supplemental state aid in the 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 school district for the school year and multiply the total amount of the unexpended moneys remaining by such ratio. An amount equal to the amount of the product shall be transferred to the general fund of the school district or remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of any such remittance, the state treasurer shall deposit the same in the state treasury to the credit of the state school district finance fund.
(j) Each year, the state board shall determine the statewide average percentage of local option budgets legally adopted by school districts for the preceding school year.
(k) The provisions of this section shall be subject to the provisions of K.S.A. 72-5144, and amendments thereto.
(l) As used in this section:
(1) "Authorized to adopt a local option budget" means that a school district has adopted a resolution pursuant to subsection (c).
(2) "State prescribed percentage" means 33% of the total foundation aid of the school district in the current school year.
(3) "Total foundation aid" means the same as defined in K.S.A. 72-5132, and amendments thereto.
History: L. 2017, ch. 95, § 15; L. 2018, ch. 57, § 4; L. 2018, ch. 70, § 5; L. 2024, ch. 111, § 16; July 1.
(a) (1) Subject to the provisions of subsection (e), the provisions of this subsection shall apply in any school year in which the amount of BASE aid is $4,490 or less.
(2) The board of education of a school district may adopt a local option budget that does not exceed the local option budget calculated as if the BASE aid was $4,490, or that does not exceed the local option budget as calculated pursuant to K.S.A. 72-5143, and amendments thereto, whichever is greater.
(b) The board of education of a school district may adopt a local option budget that does not exceed the local option budget calculated as if the school district received state aid for special education and related services equal to the amount of state aid for special education and related services received in school year 2008-2009, or that does not exceed the local option budget as calculated pursuant to K.S.A. 72-5143, and amendments thereto, whichever is greater.
(c) The board of any school district may exercise the authority granted under subsection (a) or (b) or both subsections (a) and (b).
(d) To the extent that the provisions of K.S.A. 72-5143, and amendments thereto, conflict with this section, this section shall control.
(e) For school year 2019-2020, and each school year thereafter, the specified dollar amount used in subsection (a) for purposes of determining the local option budget of a school district shall be the specified dollar amount used for the immediately preceding school year plus an amount equal to the average percentage increase in the consumer price index for all urban consumers in the midwest region as published by the bureau of labor statistics of the United States department of labor during the three immediately preceding school years.
History: L. 2018, ch. 70, § 2; July 1.
(a) In each school year, each school district that has adopted a local option budget is eligible to receive supplemental state aid. Except as provided by K.S.A. 72-5146, and amendments thereto, supplemental state aid shall be determined by the state board as provided in subsection (b).
(b) The state board shall:
(1) Determine the average assessed valuation per student of each school district by adding the assessed valuation per student for each of the three immediately preceding school years and dividing the resulting sum by three;
(2) rank the school districts from low to high on the basis of the amounts of assessed valuation per student determined under subsection (b)(1);
(3) identify the amount of the assessed valuation per student located at the 81.2 percentile of the amounts ranked under subsection (b)(2);
(4) divide the assessed valuation per student of the school district as determined under subsection (b)(1) by the amount identified under subsection (b)(3); and
(5) (A) if the quotient obtained under subsection (b)(4) equals or exceeds one, the school district shall not receive supplemental state aid; or
(B) if the quotient obtained under subsection (b)(4) is less than one, subtract the quotient obtained under subsection (b)(4) from one, and multiply the difference by the amount of the local option budget of the school district. The resulting product is the amount of supplemental state aid the school district is to receive for the school year.
(c) Payments of supplemental state aid shall be distributed to school districts on the dates prescribed by the state board. The state board shall certify to the director of accounts and reports the amount due each school district, and the director of accounts and reports shall draw a warrant on the state treasurer payable to the treasurer of the school district. Upon receipt of the warrant, the treasurer of the school district shall credit the amount thereof to the supplemental general fund of the school district to be used for the purposes of such fund.
(d) For the purposes of determining the total amount of state moneys paid to school districts, all moneys appropriated as supplemental state aid shall be deemed to be state moneys for educational and support services for school districts.
History: L. 2017, ch. 95, § 17; L. 2018, ch. 57, § 5; July 1.
(a) (1) For the purposes of determining the amount of supplemental state aid, the state board shall determine the ranking of each of the former school districts of which the school district is composed as required by K.S.A. 72-5145(b)(2), and amendments thereto, for the school year prior to the effectuation of the consolidation or attachment.
(2) For the school year in which the consolidation or attachment is effectuated and the next succeeding two school years, the ranking of the school district for the purposes of K.S.A. 72-5145(b)(2), and amendments thereto, shall be the ranking of the school district receiving the highest amount of supplemental state aid determined under subsection (a)(1).
(b) The provisions of this section shall apply to school districts that have consolidated or disorganized on and after July 1, 2004.
(c) As used in this section, "school district" means:
(1) Any school district formed by consolidation in accordance with article 7 of chapter 72 of the Kansas Statutes Annotated, and amendments thereto; or
(2) any school district formed by disorganization and attachment in accordance with article 6 of chapter 72 of the Kansas Statutes Annotated, and amendments thereto, if all the territory which comprised a disorganized school district is attached to a single school district.
History: L. 2017, ch. 95, § 18; July 1.
(a) In each school year, the board of each school district that has adopted a local option budget may levy an ad valorem tax on the taxable tangible property of the school district for the purposes of:
(1) Financing that portion of the school district's local option budget that is not financed from any other source provided by law;
(2) paying a portion of the principal and interest on bonds issued by cities under authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located within the school district; and
(3) funding transfers to the capital improvement fund of the school district and the capital outlay fund of the school district if such transfers are specified in the resolution authorizing the adoption of a local option budget in excess of 25% of the total foundation aid determined for the current school year.
(b) The proceeds from the tax levied by a school district under authority of this section, except the proceeds of such tax levied for the purpose of paying a portion of the principal and interest on bonds issued by cities under authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located within the school district, shall be deposited in the supplemental general fund of the school district.
(c) No school district shall proceed under K.S.A. 79-1964, 79-1964a or 79-1964b, and amendments thereto.
History: L. 2017, ch. 95, § 19; July 1.
(a) (1) The transportation weighting of each school district shall be determined by the state board as follows:
(A) Divide the BASE aid amount for the current school year by the BASE aid amount for school year 2018-2019*;
(B) multiply the number of transported students by the per capita allowance that corresponds to the density figure for the school district as determined in subsection (a)(2);
(C) multiply the product obtained under subsection (a)(1)(B) by 1.00;
(D) multiply the product obtained under subsection (a)(1)(C) by the quotient obtained under subsection (a)(1)(A);
(E) divide the product obtained under subsection (a)(1)(D) by the current year BASE amount. The result is the transportation weighting of the school district.
(2) The per capita allowance shall be determined using the following chart:
(b) (1) For school years 2017-2018 through 2020-2021, the transportation weighting of the school district shall be either the product determined under subsection (a)(1)(E), or that portion of such school district's general state aid for school year 2016-2017 that was attributable to the school district's transportation weighting, whichever is greater.
(2) For school year 2021-2022, and each school year thereafter, the transportation weighting of the school district shall be the product determined under subsection (a)(1)(E).
(3) In no event shall the transportation weighting of the school district result in the portion of such school district's state foundation aid attributable to the transportation weighting being in excess of 110% of such school district's total expenditures from all funds for transporting students for the immediately preceding school year.
(c) For the purpose of providing accurate and reliable data on student transportation, the state board is authorized to adopt rules and regulations prescribing procedures that school districts shall follow in reporting pertinent information, including uniform reporting of expenditures for transportation.
(d) As used in this section:
(1) "Density figure" means the area of the school district in square miles divided by the number of transported students.
(2) "Transported students" means the number of students who were included in the enrollment of the school district in the preceding year who resided 21/2 miles or more by the usually traveled road from the school building such students attended and for whom transportation was made available.
History: L. 2017, ch. 95, § 20; L. 2018, ch. 57, § 6; July 1.
(a) Except as provided in subsection (c), the low enrollment weighting of each school district shall be determined by the state board as follows:
(1) For school districts with an enrollment of fewer than 100 students, multiply the enrollment of the school district by 1.014331. The resulting product is the low enrollment weighting of the school district;
(2) for school districts with an enrollment of at least 100 students, but fewer than 300 students:
(A) Subtract 100 from the enrollment of the school district;
(B) multiply the difference obtained under subsection (a)(2)(A) by 9.655;
(C) subtract the product obtained under subsection (a)(2)(B) from 7,337;
(D) divide the difference obtained under subsection (a)(2)(C) by 3,642.4;
(E) subtract one from the quotient obtained under subsection (a)(2)(D); and
(F) multiply the difference obtained under subsection (a)(2)(E) by the enrollment of the school district. The resulting product is the low enrollment weighting of the school district;
(3) for school districts with an enrollment of at least 300 students, but fewer than 1,622 students:
(A) Subtract 300 from the enrollment of the school district;
(B) multiply the difference obtained under subsection (a)(3)(A) by 1.2375;
(C) subtract the product obtained under subsection (a)(3)(B) from 5,406;
(D) divide the difference obtained under subsection (a)(3)(C) by 3,642.4;
(E) subtract one from the quotient obtained under subsection (a)(3)(D); and
(F) multiply the difference obtained under subsection (a)(3)(E) by the enrollment of the school district. The resulting product is the low enrollment weighting of the school district.
(b) For school districts with an enrollment of at least 1,622 students, multiply the enrollment of the school district by 0.03504. The resulting product is the high enrollment weighting of the school district.
(c) Any school district that receives the low enrollment weighting and attaches territory of all or part of a disorganized school district or accepts students in the current school year who attended a school building that was closed by another school district pursuant to K.S.A. 72-1431, and amendments thereto, in the preceding school year shall maintain the low enrollment weighting factor such school district received in the school year immediately preceding such attachment or acceptance for the next three succeeding school years or may receive the low enrollment weighting factor determined pursuant to subsection (a), whichever is greater.
History: L. 2017, ch. 95, § 21; L. 2018, ch. 57, § 7; L. 2023, ch. 98, § 16; July 1.
The bilingual weighting of each school district shall be determined by the state board as follows:
(a) Determine the full-time equivalent enrollment in approved programs of bilingual education and multiply such enrollment by 0.395;
(b) determine the number of students enrolled in approved programs of bilingual education and multiply such enrollment by 0.185; and
(c) the bilingual weighting shall be either the amount determined under subsection (a) or (b), whichever is greater.
History: L. 2017, ch. 95, § 22; L. 2018, ch. 57, § 8; April 26.
(a) The at-risk student weighting of each school district shall be determined by the state board as follows:
(1) Determine the number of at-risk students included in the enrollment of the school district; and
(2) multiply the number determined under subsection (a)(1) by 0.484. The resulting sum is the at-risk student weighting of the school district.
(b) Except as provided in subsection (b)(4), the high-density at-risk student weighting of each school district shall be determined by the state board as follows:
(1) (A) If the enrollment of the school district is at least 35% at-risk students, but less than 50% at-risk students:
(i) Subtract 35% from the percentage of at-risk students included in the enrollment of the school district;
(ii) multiply the difference determined under subsection (b)(1)(A)(i) by 0.7; and
(iii) multiply the product determined under subsection (b)(1)(A)(ii) by the number of at-risk students included in the enrollment of the school district; or
(B) if the enrollment of the school district is 50% or more at-risk students, multiply the number of at-risk students included in the enrollment of the school district by 0.105; or
(2) (A) if the enrollment of a school in the school district is at least 35% at-risk students, but less than 50% at-risk students:
(i) Subtract 35% from the percentage of at-risk students included in the enrollment of such school;
(ii) multiply the difference determined under subsection (b)(2)(A)(i) by 0.7; and
(iii) multiply the product determined under subsection (b)(2)(A)(ii) by the number of at-risk students included in the enrollment of such school; or
(B) if the enrollment of a school in the school district is 50% or more at-risk students, multiply the number of at-risk students included in the enrollment of such school by 0.105; and
(C) add the products determined under subsections (b)(2)(A)(iii) and (b)(2)(B) for each such school in the school district, respectively.
(3) The high-density at-risk student weighting of the school district shall be the greater of the product determined under subsection (b)(1) or the sum determined under subsection (b)(2)(C).
(4) School districts that qualify to receive the high-density at-risk student weighting pursuant to this section shall spend any money attributable to the school district's high-density at-risk student weighting on the at-risk best practices developed by the state board pursuant to K.S.A. 72-5153(d), and amendments thereto. If a school district that qualifies for the high-density at-risk student weighting does not spend such money on such best practices, the state board shall notify the school district that it shall repay such money to the school district's at-risk education fund. On or before January 15 of each year, the state board shall notify the house and senate standing committees on education, or any successor committees, which school districts had to repay such money and the amount of money such school district repaid for the preceding school year. If a school district does not spend such money on such best practices for three consecutive years, the school district shall not qualify to receive the high-density at-risk student weighting in the succeeding school year.
(5) The provisions of this subsection shall expire on July 1, 2027.
(c) The purpose of the at-risk student weighting and the high-density at-risk student weighting is to provide students identified as eligible to receive at-risk programs and services with evidence-based educational services in addition to regular instructional services.
(d) Upon a school district's receipt of state foundation aid, that portion of such state foundation aid that is directly attributable to such school district's at-risk student weighting and high-density at-risk student weighting, if any, shall be transferred to the district's at-risk education fund established under K.S.A. 72-5153, and amendments thereto.
History: L. 2017, ch. 95, § 23; L. 2018, ch. 57, § 9; L. 2021, ch. 114, § 19; L. 2023, ch. 98, § 17; July 1.
(a) If a student submits an application for free meals under the national school lunch act on or before the date on which the enrollment of the school district is calculated and it is later determined by the school district or the department of education that the student should not have been eligible for free meals, the school district or the department shall notify the state board of such determination. Except as provided in subsection (b), upon receipt of such notice, the state board shall recompute the adjusted enrollment of the school district and the general fund budget of the school district based on the adjusted enrollment of the school district excluding the at-risk student weighting and high-density at-risk student weighting, if any, assigned to such student.
(b) If a student becomes ineligible to receive free meals under the national school lunch act for failure to submit, in a timely manner, any documentation necessary for verification of eligibility as required by the national school lunch act, but subsequently submits such documentation, such student shall not be excluded from the calculation of the adjusted enrollment of the school district if the school district forwards a copy of such documentation to the state board no later than January 14 of the school year.
History: L. 2017, ch. 95, § 24; July 1.
(a) There is hereby established in every school district an at-risk education fund that shall consist of all moneys deposited therein or transferred thereto according to law. The expenses of a school district directly attributable to providing at-risk student assistance or programs shall be paid from the at-risk education fund.
(b) Any balance remaining in the at-risk education fund at the end of the budget year shall be carried forward into the at-risk education fund for succeeding budget years. Such fund shall not be subject to the provisions of K.S.A. 79-2925 through 79-2937, and amendments thereto. In preparing the budget of such school district, the amounts credited to and the amount on hand in the at-risk education fund, and the amount expended therefrom shall be included in the annual budget for the information of the residents of the school district. Interest earned on the investment of moneys in any such fund shall be credited to that fund.
(c) Expenditures from the at-risk education fund of a school district shall only be made for the following purposes:
(1) At-risk and provisional at-risk educational programs that are provided above and beyond regular educational services to students who are identified as at-risk;
(2) personnel providing educational services in conjunction with such programs;
(3) support for instructional classroom personnel designed to provide training for evidence-based best practices for at-risk educational programs; or
(4) services contracted for by the school district to provide such at-risk and provisional at-risk educational programs.
(d) (1) The state board shall identify, approve and provide a list of at-risk educational programs that provide best practices and evidence-based instruction to students who are identified as eligible to receive at-risk programs and services that school districts shall use to provide at-risk educational programs to students who are identified as eligible to receive at-risk programs and services above and beyond that of a regular education. Such list of approved at-risk educational programs shall include, but not be limited to, programs and services provided by:
(A) State-based national nonprofit organizations that:
(i) Focus on students who are identified as students eligible to receive at-risk program services or who face other identifiable barriers to success;
(ii) provide evidence-based instruction and support services to such students inside and outside the school setting; and
(iii) evaluate outcomes data for students, including, but not limited to, school attendance, academic progress, graduation rates, pursuit of postsecondary education or career advancement; and
(B) any other nonprofit organization that is accredited by the international multisensory structured language education council.
(2) The state board shall review and update such online at-risk best practices list as necessary. The department shall publish such list of approved at-risk educational programs on the department's website with a link to such list prominently displayed on the department's website homepage.
(3) (A) No expenditure shall be made from a school district's at-risk education fund for any program or service that is not included on the list of approved at-risk educational programs unless the expenditure is made for a provisional at-risk educational program.
(B) The state board of education may authorize a school district to make expenditures from the school district's at-risk education fund to commence and implement a provisional at-risk educational program. The state board shall approve any provisional at-risk educational program prior to the implementation of the provisional at-risk educational program by a school district. Any provisional at-risk educational program approved by the state board and implemented by a school district shall be subject to school district review while such program is implemented in the school district to evaluate whether the program is producing or likely to produce measurable success. If any provisional at-risk educational program is determined by the state board to provide evidence-based instruction, the state board shall include such program or service on the list of approved at-risk educational programs.
(C) If the state board removes any program or service from the state board's list of approved at-risk educational programs and services, a school district that is implementing any such program or service may apply to the state board to continue to make expenditures from the school district's at-risk education fund for such program or service. When considering any such application, the state board shall require such school district to demonstrate that any of the following improvements are directly attributable to the program or service:
(i) Academic improvement in either mathematics or English language arts; or
(ii) an improvement in attendance, college and career readiness measures or the educational climate through a measurable decrease in detentions, expulsions, tardiness or other behavioral issues that hinder student learning.
(4) School districts shall provide at-risk educational programs and services to provide students identified as eligible to receive at-risk programs and services with additional educational opportunities, interventions and evidence-based instructional services above and beyond regular educational services.
(e) As used in this section:
(1) "Above and beyond" means an at-risk educational program or evidence-based instruction or practice that is provided in excess of regular educational services and based on the needs of students identified as eligible to receive at-risk educational programs and services and may provide a collateral benefit to students who are not so identified without any additional cost.
(2) "At-risk educational program" means an at-risk program or service that is identified and approved by the state board as providing evidence-based instruction to students who are identified as eligible to receive at-risk educational programs and services above and beyond regular educational services.
(3) "Evidence-based instruction" means an education delivery practice based on peer reviewed research that consistently produces better student outcomes over a one-year period than would otherwise be achieved by the same students who are identified as eligible to receive at-risk educational programs and services.
(4) "Provisional at-risk educational program" means an education delivery practice that is identified or developed by a school district as a program or service that is:
(A) Provided to students who are identified as eligible to receive at-risk educational programs and services above and beyond regular educational services;
(B) producing or likely to produce better student outcomes;
(C) subject to school district review to evaluate whether such program provides evidence-based instruction; and
(D) is placed on the state board of education's list of approved at-risk educational programs if the provisional at-risk educational program is shown to provide evidence-based instruction to students who are identified as eligible to receive at-risk educational programs and services.
History: L. 2017, ch. 95, § 25; L. 2019, ch. 19, § 12; L. 2021, ch. 114, § 20; L. 2024, ch. 111, § 17; L. 2025, ch. 105, § 1; July 1.
(a) To assist students identified as eligible to receive at-risk educational programs and services in meeting state board of education outcome goals, the state board of education shall require school districts to implement at-risk educational programs and services that provide additional educational opportunities, interventions and evidence-based instruction using the at-risk best practices identified pursuant to K.S.A. 72-5153, and amendments thereto.
(b) A student shall be identified as eligible to receive at-risk programs and services if the student meets one or more of the following criteria:
(1) Is not working on academic grade level;
(2) is not meeting the requirements necessary for promotion to the next grade or is failing subjects or courses of study;
(3) is not meeting the requirements necessary for graduation from high school or has the potential to drop out of school;
(4) has insufficient mastery of skills or is not meeting state standards;
(5) has been retained;
(6) has a high rate of absenteeism;
(7) has repeated suspensions or expulsions from school;
(8) is homeless or migrant;
(9) is identified as an English language learner;
(10) has social-emotional needs that cause the student to be unsuccessful in school;
(11) is identified as a student with dyslexia or characteristics of dyslexia; or
(12) is in the custody of the secretary for children and families.
(c) This section shall be a part of and supplemental to the Kansas school equity and enhancement act.
History: L. 2021, ch. 114, § 5; L. 2024, ch. 33, § 1; July 1.
(a) There is hereby established in every school district a preschool-aged at-risk education fund, which shall consist of all moneys deposited therein or transferred thereto according to law. The expenses of a school district directly attributable to providing preschool-aged at-risk assistance or programs shall be paid from the preschool-aged at-risk education fund.
(b) Any balance remaining in the preschool-aged at-risk education fund at the end of the budget year shall be carried forward into the preschool-aged at-risk education fund for succeeding budget years. Such fund shall not be subject to the provisions of K.S.A. 79-2925 through 79-2937, and amendments thereto. In preparing the budget of such school district, the amounts credited to and the amount on hand in the preschool-aged at-risk education fund, and the amount expended therefrom shall be included in the annual budget for the information of the residents of the school district. Interest earned on the investment of moneys in any such fund shall be credited to that fund.
(c) Each year the board of each school district shall prepare and submit to the state board a report on the preschool-aged at-risk student assistance or programs provided by the school district. Such report shall include the number of students who were served or provided assistance, the type of service provided, the research upon which the school district relied in determining that a need for service or assistance existed, the results of providing such service or assistance and any other information required by the state board.
History: L. 2017, ch. 95, § 26; July 1.
The career technical education weighting of each school district shall be determined by the state board by multiplying the full-time equivalent enrollment in approved career technical education programs by 0.5. The resulting product is the career technical education weighting of the school district.
History: L. 2017, ch. 95, § 27; L. 2018, ch. 57, § 10; April 26.
(a) For each school year in which the school facilities weighting may be assigned to the enrollment of the school district, such weighting of such school district shall be determined by the state board as follows:
(1) Determine the number of students included in the enrollment of the school district who are attending a new school facility;
(2) multiply the number of students determined under subsection (a)(1) by 0.25. The resulting product is the school facilities weighting of the school district.
(b) The school facilities weighting may be assigned to the enrollment of a school district only if:
(1) The school district adopted a local option budget for school year 2014-2015 in an amount equal to at least 25% of the amount of the state financial aid determined for the school district in such school year pursuant to K.S.A. 72-6433, prior to its repeal;
(2) the contractual bond obligations incurred by the school district were approved by the electors of the school district at an election held on or before July 1, 2015; and
(3) (A) the school district commences operation of a new school facility and the construction of such facility was financed primarily with such contractual bond obligations; or
(B) the school district commences operation of a new school facility and the construction of such facility was financed primarily with federal funds and such facility is located on a military reservation.
(c) The school facilities weighting may be assigned to the enrollment of the school district only in the school year in which operation of a new school facility is commenced and in the next succeeding school year.
History: L. 2017, ch. 95, § 28; July 1.
The special education and related services weighting of each school district shall be determined by the state board as follows:
(a) Add the amount of payments received by the school district under the provisions of K.S.A. 72-3423, and amendments thereto, to the amount of any grants received by the school district under the provisions of K.S.A. 72-3425, and amendments thereto; and
(b) divide the sum obtained under subsection (a) by the BASE aid. The resulting quotient is the special education and related services weighting of the school district.
History: L. 2017, ch. 95, § 29; July 1.
(a) (1) The board of education of a school district to which the provisions of this section apply may levy an ad valorem tax on the taxable tangible property of the school district each year for a period of time not to exceed two years in an amount not to exceed the amount authorized by the state board of tax appeals under this subsection for the purpose of financing the costs incurred by the state that are directly attributable to assignment of ancillary school facilities weighting to the enrollment of the school district. The state board of tax appeals may authorize the school district to make a levy that will produce an amount that is not greater than the difference between the amount of costs directly attributable to commencing operation of one or more new school facilities and the amount that is financed from any other source provided by law for such purpose. If the school district is not eligible, or will be ineligible, for ancillary school facilities weighting in any one or more years during the two-year period for which the school district is authorized to levy a tax under this subsection, the state board of tax appeals may authorize the school district to make a levy, in such year or years of ineligibility, that will produce an amount that is not greater than the actual amount of costs attributable to commencing operation of the facility or facilities.
(2) The state board of tax appeals shall certify to the state board the amount authorized to be produced by the levy of a tax under this subsection.
(3) The state board of tax appeals may adopt rules and regulations necessary to effectuate the provisions of this subsection, including rules and regulations relating to the evidence required in support of a school district's claim that the costs attributable to commencing operation of one or more new school facilities are in excess of the amount that is financed from any other source provided by law for such purpose.
(b) The board of education of a school district that has levied an ad valorem tax on the taxable tangible property of the school district each year for a period of two years under authority of subsection (a) may continue to levy such tax under authority of this subsection each year for an additional period of time not to exceed six years in an amount not to exceed the amount computed by the state board as provided in this subsection if the board of the school district determines that the costs attributable to commencing operation of one or more new school facilities are significantly greater than the costs attributable to the operation of other school facilities in the school district. The tax authorized under this subsection may be levied at a rate that will produce an amount that is not greater than the amount computed by the state board as provided in this subsection. In computing such amount, the state board shall:
(1) Determine the amount produced by the tax levied by the school district under authority of subsection (a) in the second year for which such tax was levied and add to such amount the amount of state foundation aid directly attributable to ancillary school facilities weighting that was received by the school district in the same year;
(2) compute 90% of the amount of the sum obtained under subsection (b)(1), which computed amount is the amount the school district may levy in the first year of the six-year period for which the school district may levy a tax under authority of this subsection;
(3) compute 75% of the amount of the sum obtained under subsection (b)(1), which computed amount is the amount the school district may levy in the second year of the six-year period for which the school district may levy a tax under authority of this subsection;
(4) compute 60% of the amount of the sum obtained under subsection (b)(1), which computed amount is the amount the school district may levy in the third year of the six-year period for which the school district may levy a tax under authority of this subsection;
(5) compute 45% of the amount of the sum obtained under subsection (b)(1), which computed amount is the amount the school district may levy in the fourth year of the six-year period for which the school district may levy a tax under authority of this subsection;
(6) compute 30% of the amount of the sum obtained under subsection (b)(1), which computed amount is the amount the school district may levy in the fifth year of the six-year period for which the school district may levy a tax under authority of this subsection; and
(7) compute 15% of the amount of the sum obtained under subsection (b)(1), which computed amount is the amount the school district may levy in the sixth year of the six-year period for which the school district may levy a tax under authority of this subsection.
In determining the amount produced by the tax levied by the school district under authority of subsection (a), the state board shall include any moneys apportioned to the ancillary school facilities fund of the school district from taxes levied under the provisions of K.S.A. 79-5101 et seq. and 79-5118 et seq., and amendments thereto.
(c) The proceeds from any tax levied by a school district under authority of this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state school district finance fund.
(d) The ancillary school facilities weighting may be assigned to the enrollment of a school district only if the school district has levied a tax under the authority of subsection (a), and remitted the proceeds from such tax to the state treasurer. The ancillary school facilities weighting of each school district shall be determined in each school year in which such weighting may be assigned to the enrollment of the school district as follows:
(1) Add the amount to be produced by a tax levy as authorized under subsection (a) and certified to the state board by the state board of tax appeals to the amount computed under subsection (b) to be produced by a tax levy, if any; and
(2) divide the sum obtained under subsection (d)(1) by the BASE aid. The resulting quotient is the ancillary school facilities weighting of the school district.
(e) The provisions of this section apply to any school district that:
(1) Commenced operation of one or more new school facilities in the school year preceding the current school year or has commenced or will commence operation of one or more new school facilities in the current school year;
(2) adopted a local option budget; and
(3) is experiencing extraordinary enrollment growth as determined by the state board.
History: L. 2017, ch. 95, § 30; July 1.
(a) Subject to subsection (b), the board of education of a school district may levy a tax on the taxable tangible property within the school district for the purpose of financing the costs incurred by the state that are attributable directly to assignment of the cost-of-living weighting to the enrollment of the school district.
(b) The state board shall determine whether a school district may levy a tax under this section as follows:
(1) Determine the statewide average appraised value of single family residences for the calendar year preceding the current school year;
(2) multiply the amount determined under subsection (b)(1) by 1.15;
(3) determine the average appraised value of single family residences in each school district for the calendar year preceding the current school year; and
(4) subtract the amount determined under subsection (b)(2) from the amount determined under subsection (b)(3). If the amount determined for the school district is a positive number and the school district has adopted a local option budget in an amount equal to at least 31% of the total foundation aid for the school district, the school district qualifies for assignment of cost-of-living weighting and may levy a tax on the taxable tangible property of the school district for the purpose of financing the costs that are attributable directly to assignment of the cost-of-living weighting to the enrollment of the school district.
(c) (1) No tax may be levied under this section unless the board of education adopts a resolution authorizing such a tax levy and publishes the resolution at least once in a newspaper having general circulation in the school district. Except as provided by subsection (e), 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 levy an ad valorem tax in an amount not to exceed the amount necessary to finance the costs attributable directly to the assignment of cost-of-living weighting to the enrollment of the school district. The ad valorem tax authorized by this resolution may be levied 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 the publication of this resolution. If a petition is filed, the county election officer shall submit the question of whether the levy of such a tax shall be authorized in accordance with the provisions of this resolution to the electors of the school district at the next general election of the school district, 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 _______, (year).
Clerk of the board of education.
(2) All of the blanks in the resolution shall be filled appropriately. If no petition as specified above is filed in accordance with the provisions of the resolution, the resolution authorizing the ad valorem tax levy shall become effective. If a petition is filed as provided in the resolution, the board may notify the county election officer to submit the question of whether such tax levy 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 of no force and effect and no like resolution shall be adopted by the board within the nine months following publication of the resolution. If a majority of the votes cast in an election conducted pursuant to this provision is in favor of the resolution, such resolution shall be effective on the date of such election. If a majority of the votes cast is not in favor of the resolution, the resolution shall be deemed of no force and effect and no like resolution shall be adopted by the board within the nine months following such election.
(d) There is hereby established in every school district a cost-of-living fund, which shall consist of all moneys deposited therein or transferred thereto in accordance with law. All moneys derived from a tax imposed pursuant to this section shall be credited to the cost-of-living fund. The proceeds from the tax levied by a school district credited to the cost-of-living fund shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state school district finance fund.
(e) In determining the amount produced by the tax levied by the school district under the authority of this section, the state board shall include any moneys apportioned to the cost-of-living fund of the school district from taxes levied under the provisions of K.S.A. 79-5101 et seq. and 79-5118 et seq., and amendments thereto.
(f) The cost-of-living weighting of a school district shall be determined by the state board in each school year in which such weighting may be assigned to the enrollment of the school district as follows:
(1) Divide the amount determined under subsection (b)(4) by the amount determined under subsection (b)(2);
(2) multiply the quotient determined under subsection (f)(1) by 0.115;
(3) multiply the school district's total foundation aid for the current school year, excluding the amount determined under this provision, by the lesser of the product determined under subsection (f)(2) or the cost-of-living weighting cap which shall be:
(A) 0.07 in school year 2023-2024; and
(B) for school year 2024-2025, and each school year thereafter, the amount of the cost-of-living weighting cap for the immediately preceding school year plus an amount equal to the average percentage increase in the consumer price index for all urban consumers in the midwest region as published by the bureau of labor statistics of the United States department of labor during the three immediately preceding school years rounded to the nearest 10th of a percentage; and
(4) divide the product determined under subsection (f)(3) by the BASE aid for the current school year. The quotient is the cost-of-living weighting of the school district.
History: L. 2017, ch. 95, § 31; L. 2023, ch. 98, § 18; July 1.
History: L. 2017, ch. 95, § 32; Expired, July 1, 2018.
For the purpose of determining the general fund budget of a school district, weightings shall not be assigned to a student enrolled in and attending KAMS. Moneys in the general fund that are attributable to a student enrolled in and attending KAMS shall not be included in the computation of the local option budget of the school district.
History: L. 2017, ch. 95, § 33; July 1.
(a) There is hereby established in every school district a career and postsecondary education fund, which shall consist of all moneys deposited therein or transferred thereto according to law. All moneys received by a school district for any course or program authorized and approved under the provisions of article 38 of chapter 72 of the Kansas Statutes Annotated, and amendments thereto, except for courses and programs conducted in an area vocational school, shall be credited to the career and postsecondary education fund. All moneys received by the school district from tuition, fees or charges or from any other source for career technical education courses or programs, except for courses and programs conducted in an area vocational school, shall be credited to the career and postsecondary education fund. All moneys received by the school district from tuition, fees or charges or from any other source for postsecondary education courses or programs shall be credited to the career and postsecondary education fund.
(b) Expenditures made by a school district that are directly attributable to the following shall be paid from the career and postsecondary education fund:
(1) Career technical education;
(2) postsecondary education courses; and
(3) courses provided through distance-learning technology.
(c) Any balance remaining in the career and postsecondary education fund at the end of the budget year shall be carried forward into the career and postsecondary education fund for succeeding budget years. Such fund shall not be subject to the provisions of K.S.A. 79-2925 through 79-2937, and amendments thereto. In preparing the budget of such school district, the amounts credited to and the amount on hand in the career and postsecondary education fund, and the amount expended therefrom shall be included in the annual budget for the information of the residents of the school district.
History: L. 2017, ch. 95, § 34; July 1.
There is hereby established in every school district a driver training fund, which shall consist of all moneys deposited therein or transferred thereto according to law. All moneys received by the school district from distributions made from the state safety fund and the motorcycle safety fund and from tuition, fees or charges for driver training courses shall be credited to the driver training fund. The expenses of a school district directly attributable to driver training shall be paid from the driver training fund.
History: L. 2017, ch. 95, § 35; July 1.
There is hereby established in every school district a food service fund, which shall consist of all moneys deposited therein or transferred thereto according to law. All moneys received by the school district for food service and from charges for food service shall be credited to the food service fund. The expenses of a school district attributable to food service shall be paid from the food service fund.
History: L. 2017, ch. 95, § 36; July 1.
There is hereby established in every school district a contingency reserve fund, which shall consist of all moneys deposited therein or transferred thereto according to law. The fund shall be maintained for payment of expenses of a school district attributable to financial contingencies as determined by the board.
History: L. 2017, ch. 95, § 37; July 1.
(a) Except as otherwise provided in this section, any revenues of a school district, not required by law to be deposited in or credited to a specific fund, shall be deposited in or credited to any categorical fund of the school district or to the capital outlay fund of the school district.
(b) At the discretion of the board of education of a school district, revenues earned from the investment of an activity fund of the school district in accordance with the provisions of K.S.A. 12-1675, and amendments thereto, may be deposited in or credited to such activity fund.
(c) (1) At the discretion of the board and subject to subsection (c)(2), any revenues specified in subsections (a) and (b) may be deposited in or credited to the general fund of the school district in any school year for which the allotment system authorized under K.S.A. 75-3722, and amendments thereto, has been inaugurated and applied to appropriations made for state foundation aid, or in any school year for which any portion of the appropriations made for state foundation aid are lapsed by an act of the legislature.
(2) In no event may the amount of revenues deposited in or credited to the general fund of the school district under authority of subsection (c)(1) exceed an amount equal to the amount of the reduction in state foundation aid paid to the school district determined by the state board to be the result of application of the allotment system to the appropriations made for state foundation aid or of the lapse of any portion thereof by an act of the legislature.
(d) At the discretion of the board, revenues received by the school district from the federal government as the school district's share of the proceeds derived from sale by the federal government of its rights to oil, gas and other minerals located beneath the surface of lands within the school district's boundaries may be deposited in the bond and interest fund of the school district and used for the purposes of such fund. If at any time all indebtedness and obligations of such fund have been fully paid and canceled, the revenues authorized by this subsection to be deposited in such fund shall be disposed of as provided in subsection (a).
(e) To the extent that K.S.A. 72-1419 and 72-53,116 and K.S.A. 79-2958, and amendments thereto, conflict with this section, this section shall control.
History: L. 2017, ch. 95, § 38; July 1.
(a) Any lawful transfer of moneys from the general fund of a school district to any other fund shall be an operating expense in the year the transfer is made. The board of education of a school district may transfer moneys from the general fund to any categorical fund of the school district in any school year.
(b) The board may transfer moneys from the general fund to the contingency reserve fund of the school district, subject to any limitations imposed upon the amount authorized to be maintained in the contingency reserve fund.
(c) The board may transfer moneys from the general fund to the:
(1) Capital outlay fund;
(2) special reserve fund;
(3) special liability expense fund; and
(4) textbook and student materials revolving fund.
(d) In each school year, the board may transfer to its general fund from any fund to which transfers from the general fund are authorized an amount not to exceed an amount equal to the amount transferred from the general fund to any such fund in the same school year.
History: L. 2017, ch. 95, § 39; July 1.
Expenditures of a school district for the following purposes are not operating expenses:
(a) Payments to another school district in an adjustment of rights as provided in K.S.A. 72-641, and amendments thereto, or upon transfer of territory as provided in K.S.A. 72-527, 72-529 or 72-531, and amendments thereto, if paid from any fund other than the general fund;
(b) payments to another school district under K.S.A. 72-528, and amendments thereto;
(c) the maintenance of student activities that are reimbursed;
(d) expenditures from any lawfully authorized fund of a school district other than its general fund;
(e) the provision of educational services for students residing at the Flint Hills job corps center, students housed at a psychiatric residential treatment facility or students confined in a juvenile detention facility for which the school district is reimbursed by a grant of state moneys as provided in K.S.A. 72-1173, and amendments thereto; and
(f) programs financed, in part or in whole, by federal funds that may be expended although not included in the budget of the school district, excluding funds received under the provisions of title I of public law 874, but not including in such exclusion amounts received for assistance in cases of major disaster and amounts received under the low-rent housing program, to the extent of the federal funds to be provided.
History: L. 2017, ch. 95, § 40; July 1.
If in any school year a school district expends an amount for operating expenses that exceeds its general fund budget, the state board shall determine the excess and deduct the same from amounts of state foundation aid payable to the school district during the next succeeding school year.
History: L. 2017, ch. 95, § 41; July 1.
(a) (1) In order to accomplish the mission for Kansas education, the state board shall design and adopt a school district accreditation system based upon improvement in performance that equals or exceeds the educational goal set forth in K.S.A. 72-3218(c), and amendments thereto, and is measurable. The state board shall hold all school districts accountable through the Kansas education systems accreditation rules and regulations, or any successor accreditation system and accountability plan adopted by the state board. The state board also shall ensure that all school districts and the public schools operated by such districts have programs and initiatives in place for providing those educational capacities set forth in K.S.A. 72-3218(c), and amendments thereto. On or before January 15 of each year, the state board shall prepare and submit a report on the school district accreditation system to the governor and the legislature.
(2) The accountability measures established pursuant to paragraph (1) shall be applied both at the district level and at the school level. Such accountability measures shall be reported by the state board for each school district and each school. All reports prepared pursuant to this section shall be published in accordance with K.S.A. 2025 Supp. 72-1181, and amendments thereto.
(3) If a school district is not fully accredited and a corrective action plan is required by the state board, such corrective action plan, and any subsequent reports prepared by the state board regarding the progress of such school district in implementing and executing such corrective action plan, shall be published on the state department of education's internet website and such school district's internet website in accordance with K.S.A. 2025 Supp. 72-1181, and amendments thereto.
(4) If a school district is not accredited, the superintendent, or the superintendent's designee, shall appear before the committee on education of the house of representatives and the committee on education of the senate during the regular legislative session that occurs during the same school year when such school district is not accredited. Such school district shall provide a report to such committees on the challenges and obstacles that are preventing such school district from becoming accredited.
(b) The state board shall establish curriculum standards that reflect high academic standards for the core academic areas of mathematics, science, reading, writing and social studies. The curriculum standards may be reviewed at least every seven years. The state board shall not substantially revise or update the English language arts or mathematics curriculum standards that are in effect on July 1, 2024, in a manner that would necessitate the development of new statewide assessments in English language arts or mathematics until the state board's long-term goal for all students submitted to the United States department of education in the consolidated state plan is achieved such that 75% of all students score in performance levels 3 and 4 combined on the statewide assessments in English language arts and mathematics by 2030. Nothing in this subsection shall be construed in any manner so as to impinge upon any school district's authority to determine its own curriculum.
(c) (1) The state board shall provide for statewide assessments in the core academic areas of mathematics, science, reading, writing and social studies. The board shall ensure compatibility between the statewide assessments and the curriculum standards established pursuant to subsection (b). Such assessments shall be administered at three grade levels, as determined by the state board. The state board shall determine performance levels on the statewide assessments, the achievement of which represents high academic standards in the academic area at the grade level to which the assessment applies. The state board should specify high academic standards both for individual performance and school performance on the assessments.
(2) (A) On or before January 15 of each year, the state board shall prepare and submit to the legislature a report on students who take the statewide assessments. Such report shall include:
(i) The number of students and such number expressed as a percentage of the total number of students who took the statewide assessments during the immediately preceding school year disaggregated by core academic area and by grade level; and
(ii) the percentage of students who took the statewide assessments in grade 10 who, two years after graduating from high school, obtained some postsecondary education disaggregated by statewide assessment achievement level.
(B) When such information becomes available, or as soon thereafter as practicable, the state board shall publish the information required for the report under subparagraph (A) on the website of the state department of education and incorporate such information in the performance accountability reports and longitudinal achievement reports required under K.S.A. 2025 Supp. 72-5178, and amendments thereto.
(C) The provisions of this paragraph shall expire on July 1, 2029.
(d) Each school year, on such date as specified by the state board, each school district shall submit the Kansas education system accreditation report to the state board in such form and manner as prescribed by the state board.
(e) Whenever the state board determines that a school district has failed either to meet the accreditation requirements established by rules and regulations or standards adopted by the state board or provide curriculum based on state standards and courses required by state law, the state board shall so notify the school district. Such notice shall specify the accreditation requirements that the school district has failed to meet and the curriculum that it has failed to provide. Upon receipt of such notice, the board of education of such school district is encouraged to reallocate the resources of the school district to remedy all deficiencies identified by the state board.
(f) Each school in every school district shall establish a school site council composed of the principal and representatives of teachers and other school personnel, parents of students attending the school, the business community and other community groups. School site councils shall be responsible for providing advice and counsel in evaluating state, school district, and school site performance goals and objectives and in determining the methods that should be employed at the school site to meet these goals and objectives. Site councils may make recommendations and proposals to the school board regarding budgetary items and school district matters, including, but not limited to, identifying and implementing the best practices for developing efficient and effective administrative and management functions. Site councils also may help school boards analyze the unique environment of schools, enhance the efficiency and maximize limited resources, including outsourcing arrangements and cooperative opportunities as a means to address limited budgets.
History: L. 2017, ch. 95, § 42; L. 2018, ch. 57, § 11; L. 2019, ch. 19, § 13; L. 2024, ch. 82, § 9; L. 2025, ch. 125, § 12; July 1.
History: L. 2017, ch. 95, § 42; L. 2018, ch. 57, § 11; L. 2019, ch. 19, § 13; L. 2024, ch. 111, § 18; Repealed, L. 2025, ch. 125, § 14; July 1.
For purposes of accreditation by the state board, the four-year adjusted cohort graduation rate for each school district and any schools operated by such school district, including any virtual school, shall be determined by excluding any student who:
(a) Had not earned sufficient credits to be expected to graduate in the same school year as such student's cohort at the time that such student transferred to and enrolled in such school or school district; or
(b) was enrolled in such school or school district but subsequently transferred to a nonaccredited private school in Kansas or another state.
History: L. 2025, ch. 62, § 1; July 1.
(a) On or before January 15 of each year, the state department of education shall prepare and submit a financial accountability report on school district funding for each school district to the governor and the legislature.
(b) Each report shall contain the information described in subsection (c) for the school district in terms of actual dollar amounts for the second and immediately preceding school years and budgeted dollar amounts for the current school year.
(c) Each report shall contain the following information for the school district:
(1) Full-time equivalent enrollment and the virtual student full-time equivalent enrollment;
(2) demographic information, including, but not limited to, gender, race, ethnicity, students who are economically disadvantaged, migrants, English language learners and students with disabilities;
(3) total general and supplemental general funds, including a showing of funding provided by federal sources, state sources and local sources, and total funds per student;
(4) total capital outlay funds, including a showing of such funding provided by federal sources, state sources and local sources, and capital outlay funds per student;
(5) total bond and interest funds, including a showing of such funding provided by federal sources, state sources and local sources, and bond and interest funds per student;
(6) total of all other funds not described in paragraphs (3), (4) and (5), excluding fund transfers, including a showing of such funding provided by federal sources, state sources and local sources, and total funds per student;
(7) total funds per student of all funds described in paragraphs (3) through (6);
(8) general fund moneys attributable to the following:
(A) BASE aid;
(B) high enrollment weighting;
(C) low enrollment weighting;
(D) school facilities weighting;
(E) transportation weighting;
(F) at-risk student weighting;
(G) preschool-aged at-risk student weighting;
(H) high-density at-risk student weighting;
(I) career technical education weighting;
(J) special education and related services weighting;
(K) bilingual weighting;
(L) ancillary school facilities weighting;
(M) cost-of-living weighting;
(N) declining enrollment weighting; and
(O) virtual school state aid;
(9) total expenditures on the following:
(A) At-risk education programs and services;
(B) preschool-aged at-risk education programs and services;
(C) bilingual education programs and services;
(D) career and technical education programs and services;
(E) special education and related services; and
(F) virtual school programs and services;
(10) total expenditures from the special retirement contributions fund;
(11) expenditures and fund transfers from the supplemental general fund for those programs and services set forth in paragraph (9) and any other accounting category for which there is an expenditure or transfer from such fund;
(12) total expenditures from any fund for expenses incurred as a result of the school district's participation in any legal proceeding challenging the constitutional adequacy of any school finance laws under section 6 of article 6 of the constitution of the state of Kansas, regardless of whether such school district was a named party in such legal proceedings, and including any dues, fees or other expenses incurred by such school district as a result of its membership in any organization that participates in any legal proceeding challenging the constitutional adequacy of any school finance laws under section 6 of article 6 of the constitution of the state of Kansas, and the aggregate amount of such expenditures made on and after July 1, 2010; and
(13) general obligation bond indebtedness.
(d) All reports prepared pursuant to this section shall be published in accordance with K.S.A. 2025 Supp. 72-1181, and amendments thereto.
(e) The state board shall provide uniform guidelines for what constitutes total expenditures for the programs and services listed under subsection (c)(9).
History: L. 2017, ch. 95, § 43; L. 2018, ch. 57, § 12; L. 2019, ch. 19, § 14; July 1.
(a) On or before July 1, 2021, the legislature shall:
(1) Consider the information reviewed pursuant to subsection (b), and determine if any provisions of this act are not reasonably calculated to provide adequate educational opportunities to every K-12 public education student in Kansas.
(2) (A) Review the school year 2020-2021 BASE aid amount and evaluate whether such BASE aid amount is reasonably calculated to have all students meet or exceed the educational goal set forth in K.S.A. 72-3218(c), and amendments thereto.
(B) Such evaluation shall be based on a successful school model that identifies successful school districts based on the percentage of at-risk students in such districts in relation to the following outcomes:
(i) The percentage of students at grade level on state math and English/language arts assessments;
(ii) the percentage of students that are college and career ready on state math and English/language arts assessments;
(iii) the average composite ACT score; and
(iv) the four-year graduation rate.
(C) Such evaluation shall identify school districts that exceed expected outcomes and shall also identify school districts that have an average scaled difference on the outcome measures greater than or equal to one standard deviation from the average scaled difference of all districts. Those school districts that are identified as successful school districts in relation to other similarly situated districts may be used to evaluate whether the BASE aid amount is reasonably calculated to ensure that students will continue to meet or exceed the educational goal set forth in K.S.A. 72-3218(c), and amendments thereto.
(b) (1) On or before July 1, 2018, the house and senate standing committees on education shall review the low enrollment weighting and the high enrollment weighting, as such terms are defined in K.S.A. 72-5132, and amendments thereto, and alternatives to such weightings, including, but not limited to, a sparsity weighting. Such review shall be to ensure that the weightings are reasonably calculated to have students meet or exceed the educational goal set forth in K.S.A. 72-3218(c), and amendments thereto.
(2) On or before July 1, 2019, the house and senate standing committees on education shall review the following:
(A) Reports submitted to the legislature pursuant to K.S.A. 72-5170, 72-5171 and 72-296, and amendments thereto; and
(B) the legislative post audit reports conducted pursuant to K.S.A. 72-5173, and amendments thereto, that were completed prior to July 1, 2019.
(3) On or before July 1, 2020, the house and senate standing committees on education shall review virtual school programs and the virtual school state aid calculation as described in K.S.A. 72-3715, and amendments thereto.
(4) On or before July 1, 2021, the house and senate standing committees on education shall review the at-risk student weighting, as such term is defined in K.S.A. 72-5132, and amendments thereto, to ensure that such weighting is reasonably calculated to have students meet or exceed the educational goal set forth in K.S.A. 72-3218(c), and amendments thereto.
(5) On or before July 1, 2023, and on or before July 1, 2026, the house and senate standing committees on education shall review the successful school model described in this subsection (a) to review whether it is an effective model in determining successful schools and to ensure the BASE aid amount is reasonably calculated to meet or exceed the educational goal set forth in K.S.A. 72-3218(c), and amendments thereto.
(6) On or before July 1, 2024, the house and senate standing committees on education shall review the bilingual student weighting, as such term is defined in K.S.A. 72-5132, and amendments thereto, to ensure that such weighting is reasonably calculated to have students meet or exceed the educational goal set forth in K.S.A. 72-3218(c), and amendments thereto.
History: L. 2017, ch. 95, § 44; July 1.
The legislative post audit committee shall direct the legislative division of post audit to conduct the following performance audits in the fiscal year specified:
(a) A performance audit of transportation services funding. The audit should include a comparison of the amount of transportation services funding school districts receive to the cost of providing transportation services. This performance audit shall be conducted during fiscal year 2018, and the final audit report shall be submitted to the legislature on or before January 15, 2018.
(b) A performance audit of at-risk education funding. The audit should evaluate the method of counting students for at-risk education funding, the level of the at-risk student weighting and high-density at-risk student weighting under the act and how school districts are expending moneys provided for at-risk education. This performance audit shall be conducted during fiscal year 2020, and the final audit report shall be submitted to the legislature on or before January 15, 2020.
(c) A performance audit of bilingual education funding. The audit should evaluate the method of counting students for bilingual education funding, the level of the bilingual weighting under the act and how school districts are expending moneys provided for bilingual education. This performance audit shall be conducted during fiscal year 2021, and the final audit report shall be submitted to the legislature on or before January 15, 2021.
(d) A study of statewide virtual school programs administered in other states. The study shall include, but not be limited to, the following:
(1) The aggregate cost incurred by each state administering a virtual school program, and the cost incurred by individual school districts or schools within each state;
(2) the resources necessary for the implementation of each virtual school program, including, but not limited to, personnel, equipment, software and facility usage;
(3) the scope of each virtual school program; and
(4) the effectiveness of each virtual school program with respect to student performance and outcomes.
The study shall be conducted during fiscal year 2023, and the final study report shall be submitted to the legislature on or before January 15, 2023.
(e) A performance audit of the unencumbered cash balances held in all funds by each school district. The audit should evaluate the annual accumulations of unencumbered cash balances for the preceding 10 years, the annual expenditures of such moneys and how school districts are expending such moneys. This performance audit shall be conducted no later than fiscal year 2021, and the final audit report shall be submitted to the legislature on or before January 15, 2021.
(f) (1) A performance audit to provide a reasonable estimate of the cost of providing educational opportunities for every public school student in Kansas to achieve the performance outcome standards adopted by the state board of education. This performance audit shall be conducted during fiscal year 2024, and the final report submitted to the legislature on or before January 15, 2024.
(2) The performance audit required under this subsection shall:
(A) Include reasonable estimates of the costs of providing specialized education services as required by law, including, but not limited to, bilingual education and at-risk programs; and
(B) account for other factors which may contribute to variations in costs incurred by school districts, including, but not limited to, total district enrollment and geographic location within the state.
(3) In conducting the performance audit required under this subsection:
(A) Any examination of historical data and expenditures shall correct any recognized inadequacy of such data or expenditure through a statistically valid method of extrapolation; and
(B) subject to the limitations of the division of legislative post audit budget and appropriations therefor, the legislative post auditor may enter into contracts with consultants as the post auditor deems necessary.
(g) A performance audit to provide a reasonable estimate of the costs of providing special education and related services, including, but not limited to, other factors which may contribute to variations in costs incurred by school districts. This performance audit shall be conducted during fiscal year 2019, and the final audit report shall be submitted to the legislature on or before January 15, 2019.
(h) A performance audit of at-risk education expenditures. The audit should evaluate how school districts are expending moneys provided for at-risk education, whether those expenditures comply with statutory provisions and whether the state board of education and the department of education are acting in accordance with statutory provisions related to at-risk expenditures and programs. This audit should also evaluate the trends in the academic outcomes of students receiving at-risk education program services. This performance audit shall be conducted during calendar year 2023, and the final audit report shall be submitted to the legislature on or before January 15, 2024.
History: L. 2017, ch. 95, § 45; L. 2018, ch. 57, § 13; L. 2019, ch. 19, § 15; L. 2021, ch. 114, § 21; July 1.
The state board may adopt rules and regulations for the administration of this act, including the classification of expenditures of school districts to ensure uniform reporting of operating expenses.
History: L. 2017, ch. 95, § 46; July 1.
The provisions of the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto, shall not be severable. If any provision of the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto, is held to be invalid or unconstitutional by court order, all provisions of the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto, shall be null and void.
History: L. 2017, ch. 95, § 47; July 1.
The Kansas school equity and enhancement act, K.S.A. 72-5131 through 72-5176, and amendments thereto, shall expire on July 1, 2027.
History: L. 2017, ch. 95, § 48; July 1.
History: L. 2017, ch. 95, § 51; Expired, July 1, 2018.
(a) On or before January 15 of each year, the state department of education shall prepare and digitally update on the website of the state department of education the performance accountability reports and longitudinal achievement reports upon all students enrolled in any public school or accredited nonpublic school in the state, each school district, each school operated by a school district and each accredited nonpublic school.
(b) Each performance accountability report shall be prepared in a single-page format containing the information that is required to be reported under the federal elementary and secondary education act, as amended by the federal every student succeeds act, public law 114-95, or any successor federal acts, and the college and career readiness metrics developed and implemented by the state board. The report shall use the categories for achievement identified under the federal every student succeeds act, public law 114-95, or any successor achievement categories. All categories and metrics included in the report shall be clearly defined.
(c) Each longitudinal achievement report shall provide the achievement rates on the state assessments for English language arts, math and science for all students and each student subgroup and the change in achievement rate year-over-year starting with the school year in which the state board first implemented new achievement standards on such state assessments.
(d) On or before January 15 of each year, the state department of education shall prepare written academic achievement reports to provide a summary of student achievement in this state and shall submit such reports to the governor and the legislature. Such written academic achievement reports shall:
(1) Provide a statewide summary of the performance accountability reports and longitudinal achievement reports prepared pursuant to this section. Such summary report shall provide:
(A) Achievement data from the English language arts assessments and math assessments over the preceding five years for all students and student subgroups to show whether there are statewide trends in academic improvement or learning loss among all students and student subgroups;
(B) a comparison to any other evaluation metric used by the state board of education to evaluate student achievement such as college and career readiness measurements or graduation rates;
(C) a comparison to other educational assessments that measure academic performance such as the national assessment of educational progress;
(D) an analysis of the trends in student achievement outcomes and a review of conditions that are impacting recent student achievement outcomes;
(E) a review of the academic interventions that school districts are using to improve student performance, whether the state board of education has any specific recommendations regarding academic interventions to improve academic achievement and an estimation of the academic achievement gains that can be expected from such interventions; and
(F) a summary of the performance levels and the scale and cut scores for the statewide assessments and how such information should be used to draw conclusions about student achievement; and
(2) provide a student-focused longitudinal achievement report that provides information on the academic achievement of certain student cohort groups to show the achievement gains or learning losses that are occurring for such students. Such report shall begin with the students who are entering grade three and grade eight in school year 2022-2023. The report shall summarize the longitudinal achievement of such students over a three-year period and shall be repeated every three years for the students entering such grade levels. The longitudinal report shall provide:
(A) A summary of the improvement or learning loss that is occurring within such student cohort groups over such three-year period for all such students and the student subgroups;
(B) an analysis of the evaluations and metrics that are used to measure the year-over-year achievement of such student cohort groups;
(C) a review of the academic interventions that school districts are using to improve student performance within such student cohort groups, whether the state board of education has any specific recommendations regarding academic interventions to improve academic achievement and an estimate of the academic achievement gains that can be expected from such interventions; and
(D) the achievement results from the English language arts assessments and math assessments for such student cohort groups and any other assessment data pertaining to such student cohort groups, including, but not limited to, the national assessment for educational progress, the ACT college entrance exam and the pre-ACT assessment.
(d)* All reports prepared pursuant to this section shall be published in accordance with K.S.A. 2025 Supp. 72-1181, and amendments thereto.
History: L. 2019, ch. 19, § 3; L. 2021, ch. 114, § 22; L. 2022, ch. 94, § 24; July 1.
(a) The state board of education shall provide the ACT college entrance exam and the three ACT workkeys assessments that are required to earn a national career readiness certificate to each student enrolled in grades 11 and 12, and the pre-ACT college entrance exam to each student enrolled in grade nine. No student shall be required to pay any fees or costs to take any such exam or assessments. The state board shall not be required to provide more than one exam and three assessments for each student. The state board of education may enter into any contracts that are necessary to promote statewide cost savings to administer such exams and assessments.
(b) The Kansas department of education and each school district shall annually publish on their websites the times, dates and locations of the pre-ACT college entrance exam, the ACT college entrance exam and the ACT workkeys assessments that are offered in Kansas and information for students on how to register for such exams or assessments.
(c) Participation in the pre-ACT college entrance exam, the ACT college entrance exam or the ACT workkeys assessment shall be optional. Nothing in this section shall be construed to require any student to participate in such exams or assessments.
(d) On or before the first day of each regular legislative session, the state board of education shall prepare and submit a report to the senate standing committee on education and the house standing committee or any successor committees on education that includes the aggregate exam and assessment data for all students who were provided the exams and assessments pursuant to this section.
(e) As used in this section, "student" means any person who is regularly enrolled in any public school or accredited nonpublic school located in Kansas.
History: L. 2019, ch. 19, § 4; L. 2021, ch. 114, § 23; July 1.
(a) Commencing in the 2021-2022 school year, except as otherwise provided in this section, no school district shall provide or offer to any student enrolled in the district more than a total of 40 school term hours of remote learning unless:
(1) The board of education of the school district has authorized a student to temporarily attend school through remote learning in excess of the 40-hour limitation pursuant to a temporary individual exemption granted pursuant to subsection (b); or
(2) due to a disaster, the state board of education has authorized the school district to conduct remote learning in excess of the 40-hour limitation pursuant to subsection (c) or has waived the limitations provided in subsection (d).
(b) The board of education of a school district may temporarily suspend the remote learning limitation provided in subsection (a) on an individual student basis for any student who cannot reasonably attend school in person due to an illness, medical condition, injury or any other extraordinary circumstance that would necessitate remote learning to allow the student to continue to receive an education during the existence of such circumstance. The board of education of the school district shall notify the state board of any individual exemptions provided pursuant to this subsection and the reason for such exemption.
(c) The state board of education may authorize a school district to exceed the 40-hour remote learning limitation upon application by the school district. The application may be granted by the state board of education upon:
(1) Certification by a school district that, due to a disaster, conditions resulting from widespread or severe property damage caused by the disaster or other conditions restricting the operation of public schools will exist in the school district for an inordinate period of time; and
(2) a determination by the state board that the school district cannot reasonably adjust its schedule to comply with the requirements of this section unless remote learning is conducted for a period of time not to exceed 240 school term hours, unless such limitation is waived by the state board pursuant to subsection (d).
(d) The state board of education may waive the requirements of law relating to the remote learning limitations pursuant to subsection (c) in any school year upon application for such waiver by a school district. The waiver may be granted by the state board of education upon:
(1) Certification by a board of education that, due to a disaster, conditions resulting from widespread or severe property damage caused by the disaster or other conditions restricting the operation of public schools will exist in the school district for an inordinate period of time; and
(2) a determination by the state board that the school district cannot reasonably adjust its schedule to comply with such requirements of law and that remote learning beyond the limitations provided in subsection (c) is necessary to allow the school district to continue to provide education to students during such conditions.
(e) (1) Any student who attends a school of a school district through remote learning in excess of the remote learning limitations provided pursuant to this section shall be deemed a remote learning student and shall be counted as a remotely enrolled student for state aid purposes.
(2) On or before June 30 of each school year:
(A) A school district that offers remote learning during the school year shall determine the remote enrollment of the district based on the number of students remotely enrolled in accordance with this section;
(B) the clerk or superintendent of each school district shall certify under oath to the state board a report showing the remote enrollment of the school district determined pursuant to this subsection by the grades maintained in the schools of the school district. The state board shall examine such reports upon receipt, and if the state board finds any errors in any such report, the state board shall consult with the school district officer furnishing the report and make any necessary corrections in the report; and
(C) the state board shall determine the number of students who were included in the remote enrollment of each school district and recompute the enrollment of the school district as required pursuant to this subsection.
(3) A school district that offers remote learning and is determined to have remotely enrolled students pursuant to this section shall receive remote enrollment state aid. The state board shall determine the amount of remote enrollment state aid a school district is to receive by multiplying the remote enrollment of the school district by $5,000. No remote enrollment state aid shall be provided for any student who participates in remote learning on a part-time basis during the school day.
(4) The state board shall notify each school district of the amount of remote enrollment state aid the district shall receive pursuant to this section and, pursuant to K.S.A. 72-5136, and amendments thereto, shall:
(A) Require the district to remit any such amount of overpayment made to the district in the current school year; or
(B) deduct the excess amounts paid to the district from future payments made to the school district.
(5) If a student is included in the remote enrollment of a district pursuant to this subsection, such student shall not be included in the adjusted enrollment of the district in the current school year.
(f) Each school district that determines remote enrollment pursuant to this section shall submit any documentation or information required by the state board.
(g) As used in this section, "disaster" means a state of disaster emergency declared by proclamation of the governor pursuant to K.S.A. 48-924, and amendments thereto, closure of schools by order issued by a county or joint board of health, a local health officer pursuant to K.S.A. 65-119, and amendments thereto, or the secretary of health and environment pursuant to K.S.A. 65-126, and amendments thereto, or occurrence of widespread or severe damage, injury or loss of life or property resulting from any natural or manmade cause, including, but not limited to, fire, flood, earthquake, tornado, wind, storm, an epidemic, air contamination, blight, drought, infestation or explosion.
(h) This section shall be a part of and supplemental to the Kansas school equity and enhancement act.
(i) This section shall take effect and be in force from and after July 1, 2021.
History: L. 2021, ch. 114, § 6; June 1.
(a) It is the public policy goal of the state of Kansas that at least 65% of the moneys appropriated, distributed or otherwise provided by the state to school districts shall be expended in the classroom or for instruction.
(b) All moneys attributable to the increase in the amount of base state aid per pupil under the provisions of this act shall be expended in the classroom or for instruction.
(c) The amount of moneys expended per pupil in the classroom or for instruction in school year 2005-2006, shall not be less than the amount of moneys expended per pupil for such purposes in school year 2004-2005, plus $35 per pupil.
(d) As used in this section, "instruction" means the activities dealing directly with the interaction between teachers and students and may be provided in a school classroom, in another location such as a home or hospital, and in other learning situations such as those involving cocurricular activities. Instruction also may be provided through the internet, television, radio, computer, multimedia telephone, correspondence that is delivered inside or outside the classroom and other teacher-student settings or through other approved media. Instruction also includes the activities of aides or classroom assistants of any type including, but not limited to, clerks, graders and teaching machines which assist in the instructional process.
History: L. 2005, ch. 2, § 1 (Special Session); July 28.
The appropriation of moneys necessary to pay general state aid and supplemental general state aid under the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto, and state aid for the provision of special education and related services under the special education for exceptional children act shall be given first priority in the legislative budgeting process and shall be paid first from existing state revenues.
History: L. 2005, ch. 194, § 15; L. 2015, ch. 4, § 41; L. 2017, ch. 95, § 69; July 1.
Article 6 of the constitution of the state of Kansas states that the legislature shall provide for intellectual, educational, vocational and scientific improvement by establishing and maintaining public schools; provide for a state board of education having general supervision of public schools, educational institutions and the educational interests of the state, except those delegated by law to the state board of regents; and make suitable provision for finance of the educational interests of the state. It is the purpose and intention of the legislature to provide a financing system for the education of kindergarten and grades one through 12 that provides students with the capacities set forth in K.S.A. 72-3218, and amendments thereto. Such financing system shall be sufficiently flexible for the legislature to consider and utilize financing methods from all available resources in order to satisfy the constitutional requirements under Article 6. Such financing methods shall include, but are not limited to, the following:
(a) Federal funding to unified school districts or public schools, including any grants or federal assistance;
(b) subject to appropriations by the legislature, appropriations of state moneys for the improvement of public education, including, but not limited to, the following:
(1) Financing to unified school districts through the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto;
(2) financing to unified school districts through any provisions that provide state aid, such as capital improvements state aid, capital outlay state aid and any other state aid paid, distributed or allocated to school districts on the basis of the assessed valuation of school districts;
(3) employer contributions to the Kansas public employees retirement system for public schools;
(4) appropriations to the Kansas children's cabinet for programs serving students enrolled in unified school districts in meeting the goal specified in K.S.A. 72-3218, and amendments thereto;
(5) appropriations to any programs that provide early learning to four-year-old children with the purpose of preparing them for success in public schools;
(6) appropriations to any programs, such as jobs for America's graduates, boys and girls club and sparkwheel, that provide individualized support to students enrolled in unified school districts and assist with achievement of the goal specified in K.S.A. 72-3218, and amendments thereto;
(7) transportation financing, including any transfers from the state general fund and state highway fund to the state department of education to provide technical education transportation, special education transportation or school bus safety;
(8) financing to other facilities providing public education to students, such as the Kansas state school for the blind, the Kansas state school for the deaf, school district juvenile detention facilities and the Flint Hills job corps center;
(9) appropriations relating to the Kansas academy of mathematics and science;
(10) appropriations relating to teaching excellence, such as scholarships, awards, training or in-service workshops;
(11) appropriations to the state board of regents to provide technical education incentives to unified school districts and tuition costs to postsecondary institutions that provide career technical education to secondary students; and
(12) appropriations to any postsecondary educational institution that provides postsecondary education to a secondary student without charging tuition to such student;
(c) any provision that authorizes the levying of local taxes for the purpose of financing public schools; and
(d) any transfer of funds or appropriations from one object or fund to another approved by the legislature for the purpose of financing public schools.
History: L. 2014, ch. 93, § 28; L. 2015, ch. 4, § 42; L. 2017, ch. 95, § 70; L. 2019, ch. 19, § 16; L. 2024, ch. 111, § 19; July 1.
(a) It is the public policy of the state of Kansas to require school districts to adopt a local option budget pursuant to K.S.A. 72-5143, and amendments thereto, as part of the system for finance of the educational interests of the state. Commencing in school year 2018-2019, all school districts shall have a local option budget that is at least 15% of such school district's total foundation aid.
(b) In any action challenging the adequacy of the state's provision for finance of the educational interests of the state, the aggregate amount of moneys provided for school districts from the adoption of a local option budget required under K.S.A. 72-5143(a), and amendments thereto, shall be included in determining the adequacy of the amount of total funding provided by the legislature in making suitable provision for finance of the educational interests of the state. The aggregate amount of moneys provided for school districts from the adoption of a local option budget in excess of the amount required under K.S.A. 72-5143(a), and amendments thereto, also may be included in determining the adequacy of the amount of total funding provided by the legislature in making suitable provision for finance of the educational interests of the state.
History: L. 2018, ch. 70, § 1; July 1.
Revisor's Note: Section transferred to 72-6251.
Revisor's Note: Section transferred to 72-6252.
Revisor's Note: Section transferred to 72-6253.
Revisor's Note: Section transferred to 72-6241.
Revisor's Note: Section transferred to 72-6242.
History: L. 1959, ch. 310, § 4; Repealed, L. 2001, ch. 215, § 19; July 1.
Revisor's Note: Section transferred to 72-6281.
Revisor's Note: Section transferred to 72-6261.
Revisor's Note: Section transferred to 72-6262.
Revisor's Note: Section transferred to 72-6263.
Revisor's Note: Section transferred to 72-6264.
Revisor's Note: Section transferred to 72-6265.
History: L. 1963, ch. 358, § 1; Repealed, L. 1975, ch. 370, § 2; July 1.
Revisor's Note: Section transferred to 72-6266.
Revisor's Note: Section transferred to 72-6267.
Revisor's Note: Section transferred to 72-6268.
For the purposes of school finance and taxation, the levy of taxes and the allocation of assessed valuation of property acquired by cities under the provisions of K.S.A. 3-404 et seq. shall be made in the manner hereinafter provided in this act.
History: L. 1974, ch. 307, § 1; March 7.
In the event that all of the property acquired by any two cities under the provisions of K.S.A. 3-404 et seq., and amendments thereto, is included within the territory of a unified school district in which only one of such cities is located:
(a) One-half of the assessed valuation of such property shall be assigned to each of the two school districts in which such cities are located for the purposes of determining the assessed valuation of each district for: (1) Supplemental state aid under K.S.A. 72-5145, and amendments thereto; and (2) payment from the school district capital improvements fund under K.S.A. 72-5462, and amendments thereto;
(b) The revenue to be received by each district under subsection (c) shall be used as a receipt by such district in computing its ad valorem tax requirement for each tax levy fund; and
(c) Such property shall be subject to taxation for school purposes at a rate equal to the aggregate of all rates imposed for school purposes upon property located within the school district in which such property is located, but one-half of the proceeds derived from such levy shall be allocated to each of the two school districts in which such cities are located.
History: L. 1974, ch. 307, § 2; L. 1993, ch. 264, § 3; L. 2015, ch. 4, § 43; L. 2017, ch. 95, § 71; July 1.
The county treasurer of the county within which such property is located shall allocate and transfer one-half of the revenues derived from tax levies imposed by the unified school district within which such property is located to each of the two school districts in which the cities holding title to such property are located. Such allocation shall be made among the tax levy funds of the district in which such property is not located in the proportion that the tax levy for each such fund bears to the total tax levies made for all funds of the district.
History: L. 1974, ch. 307, § 3; March 7.
(a) As used in this section:
(1) "School district" means unified school district No. 404, unified school district No. 493, unified school district No. 499 and unified school district No. 508.
(2) "Property" means any property, and improvements thereon, comprising a racetrack gaming facility or lottery gaming facility under the Kansas expanded lottery act located in Cherokee county.
(3) "State aid" means general state aid, supplemental state aid, capital improvements state aid, capital outlay state aid and any other state aid paid, distributed or allocated to school districts under the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto, or other law, and any other state aid paid, distributed or allocated to school districts on the basis of the assessed valuation of school districts.
(b) For the purposes of computing the assessed valuation of school districts for the payment, distribution or allocation of state aid and the levying of school taxes, ¼ of the assessed valuation of such property shall be assigned to each of the school districts.
(c) The provisions of this section shall not apply if the property is not or ceases to be used as a racetrack gaming facility or lottery gaming facility under the Kansas expanded lottery act.
History: L. 2006, ch. 165, § 8; L. 2015, ch. 4, § 44; L. 2017, ch. 95, § 72; July 1.
(a) As used in this section:
(1) "School district" means unified school district No. 507 and unified school district No. 374.
(2) "Property" means the following described property, and improvements thereon, comprised of 1,120 acres, more or less, located in Haskell county: All of Section 34, Township 29 South, Range 33 West and the West 1/2 of Section 3, Township 30 South, Range 33 West and the Northeast Quarter of Section 3, Township 30 South, Range 33 West.
(3) "State aid" means general state aid, supplemental state aid, capital improvements state aid, capital outlay state aid and any other state aid paid, distributed or allocated to school districts under the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto, or other law, and any other state aid paid, distributed or allocated to school districts on the basis of the assessed valuation of school districts.
(b) For the purposes of computing the assessed valuation of school districts for the payment, distribution or allocation of state aid and the levying of school taxes, 1/2 of the assessed valuation of such property shall be assigned to each of the school districts.
(c) The provisions of this section shall not apply if the property is not or ceases to be used for the production of ethanol.
History: L. 2006, ch. 165, § 9; L. 2015, ch. 4, § 45; L. 2017, ch. 95, § 73; July 1.
(a) For the purpose of determination of supplemental state aid under K.S.A. 72-5145, and amendments thereto, and payments from the school district capital improvements fund under K.S.A. 72-5462, and amendments thereto, notwithstanding any provision of either such statutory section to the contrary, the term assessed valuation per pupil, as applied to unified school district No. 203, Wyandotte county, shall not include within its meaning the assessed valuation of property which is owned by Sunflower Racing, Inc. and operated as a racetrack facility known as the Woodlands. The meaning of assessed valuation per pupil as provided in this subsection, for the purposes specified in this subsection, and as applied to the unified school district designated in this subsection, shall be in force and effect for the 1994-95 and 1995-96 school years.
(b) (1) In the event unified school district No. 203, Wyandotte county, receives in any school year the proceeds from any taxes which may be paid upon the Woodlands for the 1994-95 school year or the 1995-96 school year or for both such school years, the state board of education shall deduct an amount equal to the amount of such tax proceeds from future payments of state aid to which the district is entitled.
(2) For the purposes of this subsection, the term "state aid" means payments from the school district capital improvements fund.
History: L. 1995, ch. 160, § 12; L. 2015, ch. 4, § 50; L. 2017, ch. 95, § 78; July 1.
Revisor's Note: Section transferred to 72-850.
Revisor's Note: Section transferred to 72-851.
Revisor's Note: Section transferred to 72-852.
Revisor's Note: Section transferred to 72-849.
History: L. 1905, ch. 384, § 2; R.S. 1923, 72-5302; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1891, ch. 197, § 1; R.S. 1923, 72-5303; Repealed, L. 1999, ch. 9, § 1; July 1.
Revisor's Note: Later act, see 73-707, 73-710.
History: L. 1919, ch. 274, § 1; R.S. 1923, 72-5304; Repealed, L. 1939, ch. 309, § 7; June 30.
History: L. 1919, ch. 274, §§ 2, 3; R.S. 1923, 72-5305, 72-5306; Repealed, L. 1943, ch. 248, § 42; June 30.
Revisor's Note: Later act, see 73-707, 73-710.
History: L. 1919, ch. 274, § 4; R.S. 1923, 72-5307; Repealed, L. 1939, ch. 309, § 7; June 30.
Revisor's Note: Section transferred to 72-9928.
Revisor's Note: Section transferred to 72-9929.
Revisor's Note: Section transferred to 72-9940.
History: L. 1907, ch. 319, § 4; R.S. 1923, 72-5309; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1915, ch. 305, § 1; R.S. 1923, 72-5310; Repealed, L. 1969, ch. 310, § 66; July 1.
Revisor's Note: Section transferred to 72-9931.
History: L. 1907, ch. 320, § 2; R.S. 1923, 72-5312; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1909, ch. 208, §§ 1 to 3; R.S. 1923, 72-5313 to 72-5315; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1893, ch. 128, § 1; R.S. 1923, 72-5316; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1953, ch. 335, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1953, ch. 335, §§ 2, 3; L. 1957, ch. 395, §§ 1, 2; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1953, ch. 335, § 4; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1953, ch. 335, § 5; L. 1963, ch. 379, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1953, ch. 335, § 6; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1953, ch. 335, § 7; Repealed, L. 1961, ch. 339, § 1; June 30.
History: L. 1953, ch. 335, § 8; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1961, ch. 358, §§ 1, 2; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1963, ch. 379, § 2; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1893, ch. 128, § 2; R.S. 1923, 72-5317; L. 1951, ch. 407, § 1; Repealed, L. 1953, ch. 335, § 9; April 10.
History: L. 1893, ch. 128, § 3; R.S. 1923, 72-5318; Repealed, L. 1953, ch. 335, § 9; April 10.
History: L. 1876, ch. 122, art. 9, § 1; R.S. 1923, 72-5319; Repealed, L. 1937, ch. 307, § 1; June 30.
History: L. 1876, ch. 122, art. 9, §§ 2, 3; R.S. 1923, 72-5320, 72-5321; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1901, ch. 308, §§ 1, 2; R.S. 1923, 72-5322, 72-5323; Repealed, L. 1943, ch. 248, § 42; June 30.
History: L. 1935, ch. 96, § 1; Repealed, L. 1947, ch. 363, § 1; June 30.
History: L. 1941, ch. 330, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.
Revisor's Note: Section transferred to 72-1145.
Revisor's Note: Section transferred to 74-32,435.
Revisor's Note: Sections transferred to 72-5106 through 72-5111, respectively.
Revisor's Note: Section transferred to 72-1208.
Revisor's Note: Section transferred to 72-1209.
Revisor's Note: Section transferred to 72-1210.
Revisor's Note: Section transferred to 72-1211.
Revisor's Note: Section transferred to 72-1212.
Revisor's Note: Section transferred to 72-1213.
Revisor's Note: Sections transferred to 72-923 through 72-930, respectively.
History: L. 1949, ch. 400, § 9; Repealed, L. 1965, ch. 402, § 20; May 1.
Revisor's Note: Sections transferred to 72-931 through 72-933, respectively.
Revisor's Note: Section transferred to 72-934.
Revisor's Note: Sections transferred to 72-935 through 72-948, respectively.
Revisor's Note: Section transferred to 72-949.
Revisor's Note: Section transferred to 72-950.
History: L. 1969, ch. 324, § 1; Repealed, L. 1972, ch. 260, § 1; July 1.
Revisor's Note: Section transferred to 72-951.
Revisor's Note: Section transferred to 72-952.
Revisor's Note: Sections transferred to 72-953 through 72-959, respectively.
Revisor's Note: Sections transferred to 72-853 through 72-860, respectively.
Revisor's Note: Section transferred to 72-1629.
Revisor's Note: Section transferred to 72-1630.
Revisor's Note: Section transferred to 72-1631.
Revisor's Note: Section transferred to 72-1632.
Revisor's Note: Section transferred to 72-1633.
History: L. 1959, ch. 308, § 1; Repealed, L. 1969, ch. 352, § 2; July 1.
Revisor's Note: Sections transferred to 72-8208, 72-5204, 72-5205, respectively.
History: L. 1959, ch. 310, § 3; Repealed, L. 1969, ch. 310, § 66; July 1.
Revisor's Note: Section transferred to 72-5206.
Revisor's Note: Sections transferred to 72-5208 through 72-5213, respectively.
Revisor's Note: Section transferred to 72-6310.
Revisor's Note: Sections transferred to 72-8215, 72-5207, respectively.
Revisor's Note: Section transferred to 72-3352.
Revisor's Note: Section transferred to 72-3353.
Revisor's Note: Section transferred to 72-3354.
Revisor's Note: Section transferred to 72-3461.
Revisor's Note: Section transferred to 72-3462.
Revisor's Note: Section transferred to 72-3463.
Revisor's Note: Section transferred to 72-2291.
Revisor's Note: Section transferred to 72-2292.
Revisor's Note: Section transferred to 72-2293.
Revisor's Note: Section transferred to 72-2571.
Revisor's Note: Section transferred to 72-9932.
Revisor's Note: Section transferred to 72-4345.
Revisor's Note: Section transferred to 72-4346.
Revisor's Note: Section transferred to 72-4347.
Revisor's Note: Section transferred to 72-9933.
Revisor's Note: Section transferred to 72-6271.
Revisor's Note: Section transferred to 72-6272.
Revisor's Note: Section transferred to 72-9934.
Revisor's Note: Section transferred to 72-6285.
Revisor's Note: Section transferred to 72-9935.
Revisor's Note: Section transferred to 72-9936.
Revisor's Note: Section transferred to 72-9941.
Revisor's Note: Section transferred to 72-4348.
Revisor's Note: Section transferred to 72-9942.
(a) The board of education of any school district may make an annual tax levy at a mill rate not to exceed the statutorily prescribed mill rate upon the taxable tangible property in the school district for the purposes specified in this act and, with respect to any redevelopment district established prior to July 1, 2017, pursuant to K.S.A. 12-1771, and amendments thereto, 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 amendments thereto, for the financing of redevelopment projects upon property located within the school district. No levy shall be made under this act until a resolution is adopted by the board of education in the following form:
Unified School District No. ______,
______________ County, Kansas.
RESOLUTION
Be It Resolved that:
The above-named school board shall be authorized to make an annual tax levy in an amount not to exceed ______ mills upon the taxable tangible property in the school district for the purpose of acquisition, construction, reconstruction, repair, remodeling, additions to, furnishing, maintaining and equipping of school district property and equipment necessary for school district purposes, including: (1) Computer software; (2) performance uniforms; (3) housing and boarding pupils enrolled in an area vocational school operated under the board; (4) architectural expenses; (5) building sites; (6) undertaking and maintenance of asbestos control projects; (7) school buses; and (8) other fixed assets, and with respect to any redevelopment district established prior to July 1, 2017, pursuant to K.S.A. 12-1771, and amendments thereto, 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 amendments thereto, for the financing of redevelopment projects upon property located within the school district. The tax levy authorized by this resolution may be made, unless a petition in opposition to the same, signed by not less than 10% of the qualified electors of the school district, is filed with the county election officer of the home county of the school district within 40 calendar days after the last publication of this resolution. In the event a petition is filed, the county election officer shall submit the question of whether the tax levy shall be authorized to the electors in the school district at an election called for that purpose or at the next general election, as is specified by the board of education of the above 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 _________, ____.
Clerk of the board of education.
All of the blanks in the above resolution shall be appropriately filled. The blank preceding the word "mills" shall be filled with a specific number. The resolution shall be published once a week for two consecutive weeks in a newspaper 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 of education may make the tax levy specified in the resolution. If a petition is filed as provided in the resolution, the board of education may notify the county election officer of the date of an election to be held to submit the question of whether the tax levy shall be authorized. If the board of education fails to notify the county election officer within 60 calendar days after a petition is filed, the resolution shall be deemed abandoned and no like resolution shall be adopted by the board of education within the nine months following the first publication of the resolution.
(b) As used in this act:
(1) "Unconditionally authorized to make a capital outlay tax levy" means that the school district has adopted a resolution under this section, has published the same, and either that the resolution was not protested or that it was protested and an election has been held by which the tax levy specified in the resolution was approved;
(2) "statutorily prescribed mill rate" means: (A) Eight mills; (B) the mill levy rate in excess of eight mills if the resolution fixing such rate was approved at an election prior to the effective date of this act; or (C) the mill levy rate in excess of eight mills if no petition or no sufficient petition was filed in protest to a resolution fixing such rate in excess of eight mills and the protest period for filing such petition has expired;
(3) "asbestos control project" means any activity which is necessary or incidental to the control of asbestos-containing material in buildings of school districts and includes, but not by way of limitation, any activity undertaken for the removal or encapsulation of asbestos-containing material, for any remodeling, renovation, replacement, rehabilitation or other restoration necessitated by such removal or encapsulation, for conducting inspections, reinspections and periodic surveillance of buildings, performing response actions, and developing, implementing and updating operations and maintenance programs and management plans;
(4) "asbestos" means the asbestiform varieties of chrysotile (serpentine), crocidolite (riebeckite), amosite (cummingtonitegrunerite), anthophyllite, tremolite, and actinolite; and
(5) "asbestos-containing material" means any material or product which contains more than 1% asbestos.
History: L. 1969, ch. 353, § 1; L. 1974, ch. 320, § 1; L. 1975, ch. 386, § 1; L. 1979, ch. 52, § 184; L. 1981, ch. 286, § 2; L. 1988, ch. 285, § 1; L. 1991, ch. 229, § 6; L. 2005, ch. 152, § 25; L. 2013, ch. 99, § 5; L. 2015, ch. 4, § 79; L. 2017, ch. 95, § 89; L. 2018, ch. 57, § 14; July 1.
The provisions of subsection (a) of K.S.A. 79-5040, and amendments thereto, shall not apply to the fund mill levy rate and aggregate levy rate limitations imposed by K.S.A. 72-53,113 et seq., and amendments thereto.
History: L. 2005, ch. 152, § 27; July 1.
There is hereby established in every school district of the state a fund which shall be called the capital outlay fund. The capital outlay fund shall consist of all moneys deposited therein or transferred thereto in accordance with law. The proceeds of any tax levied under article 53 of chapter 72 of [the] Kansas Statutes Annotated, and amendments thereto, shall be deposited in the capital outlay fund of the school district making such levy, except for an amount to pay a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located within the school district, with respect to any redevelopment district established prior to July 1, 2017, pursuant to K.S.A. 12-1771, and amendments thereto.
History: L. 1969, ch. 353, § 3; L. 1979, ch. 52, § 185; L. 1991, ch. 229, § 7; L. 2017, ch. 95, § 90; July 1.
(a) Any moneys in the capital outlay fund of any school district and any moneys received from issuance of bonds under K.S.A. 72-53,117 or 72-53,122, and amendments thereto, may be used for the purpose of the acquisition, construction, reconstruction, repair, remodeling, additions to, furnishing, maintaining and equipping of school district property and equipment necessary for school district purposes, including: (1) Computer software; (2) performance uniforms; (3) housing and boarding pupils enrolled in an area vocational school operated under the board of education; (4) architectural expenses; (5) building sites; (6) undertaking and maintenance of asbestos control projects; (7) school buses; and (8) other fixed assets.
(b) The board of education of any school district is hereby authorized to invest any portion of the capital outlay fund of the school district which is not currently needed in investments authorized by K.S.A. 12-1675, and amendments thereto, in the manner prescribed therein, or may invest the same in direct obligations of the United States government maturing or redeemable at par and accrued interest within three years from date of purchase, the principal and interest whereof is guaranteed by the government of the United States. All interest received on any such investment shall upon receipt thereof be credited to the capital outlay fund.
History: L. 1969, ch. 353, § 4; L. 1974, ch. 320, § 2; L. 1977, ch. 54, § 38; L. 1981, ch. 286, § 3; L. 1988, ch. 285, § 2; L. 2013, ch. 99, § 6; L. 2015, ch. 4, § 62; L. 2017, ch. 95, § 91; L. 2018, ch. 57, § 15; July 1.
Any school district which is unconditionally authorized to make a capital outlay tax levy, in lieu of making all or part of such tax levy, may issue and sell general obligation bonds as now provided by law for the issuance of general obligation bonds for buildings necessary for school district purposes, including housing and boarding pupils enrolled in an area vocational school operated under the board of education of the school district, except that such bonds shall be issued to mature in not more than five years and except that no election shall be required. In the event that bonds are issued under authority of this section, the amount of the bonds which may be issued shall be determined as follows:
(a) Subject to the provisions of subsection (b), the amount of the bonds shall not exceed the amount of the product which results from multiplying the statutorily prescribed mill rate times five times the assessed valuation of the taxable tangible property in the school district at the time the bonds are issued, less the sum of all amounts specified in subsections (c), (d) and (e) of this section.
(b) If the resolution adopted under K.S.A. 72-53,113, and amendments thereto, specified a lesser mill rate than the statutorily prescribed mill rate or a lesser number of years than five, the respective multipliers specified in subsection (a) of this section shall be reduced accordingly.
(c) The amount of bonds shall be reduced by all amounts which have been or will be received by the school district from any tax levy made under authority of K.S.A. 72-53,113, and amendments thereto, before such bonds are issued.
(d) The amount of bonds shall be reduced by the estimated amount of interest to be paid on the bonds.
(e) The amount of bonds shall be reduced by an amount equal to the amount of unpaid principal on bonds which have theretofore been issued under this section.
History: L. 1969, ch. 353, § 5; L. 1978, ch. 301, § 1; L. 1981, ch. 286, § 4; L. 1991, ch. 229, § 8; July 1.
Bonds issued under authority of K.S.A. 72-53,117 or 72-53,122 shall not be subject to or within any bonded debt limitation prescribed by law and, in determining the amount of bonded indebtedness of any school district for determination of any such bonded debt limitation, bonds issued under this section shall not be considered.
History: L. 1969, ch. 353, § 6; May 1.
If any school district is unconditionally authorized to make a capital outlay tax levy, but the board of education of such school district chooses, in any year, not to make such tax levy, or chooses to make a smaller tax levy for such purpose, such board of education may do so. If the board of education of any school district refrains from making a levy in any one or more years or refrains from making the full levy which it is authorized to make under K.S.A. 72-53,113, and amendments thereto, and the resolution adopted thereunder, the authority of such school district to make a capital outlay tax levy shall not thereby be extended beyond the original period specified in the resolution adopted under K.S.A. 72-53,113, and amendments thereto, nor shall the mill rate of the tax authorized in any succeeding year be increased thereby.
History: L. 1969, ch. 353, § 7; L. 1991, ch. 229, § 9; July 1.
Whenever an initial resolution has been adopted under K.S.A. 72-53,113, and amendments thereto, and such resolution specified a lesser mill rate than the statutorily prescribed mill rate or a lesser number of years than five, the board of education of the school district may adopt a second resolution under the same procedure as is provided in K.S.A. 72-53,113, and amendments thereto, for the initial resolution and subject to the same conditions and for the same purposes as provided in K.S.A. 72-53,113, and amendments thereto, and shall be authorized to make such additional tax levy as is specified in such second resolution for the remainder of the five years succeeding the adoption of the initial resolution. Any such second resolution shall be limited in amount as specified in K.S.A. 72-53,113, and amendments thereto, less such amount as has been authorized in the initial resolution, and not to exceed the statutorily prescribed mill rate in any one year. In the event that any such resolution is so adopted and the tax levy therein specified is approved under the conditions specified in K.S.A. 72-53,113, and amendments thereto, the amount of bonds which may be issued under K.S.A. 72-53,117, and amendments thereto, may be increased accordingly.
History: L. 1969, ch. 353, § 8; L. 1979, ch. 52, § 186; L. 1991, ch. 229, § 10; July 1.
The board of education of any school district which has made a tax levy under K.S.A. 72-53,113, and amendments thereto, may at any time initiate procedures to renew its authority to make an annual tax levy in the amount and upon the conditions and in the manner specified in K.S.A. 72-53,113, and amendments thereto. Except as otherwise provided by its terms, any initial resolution adopted pursuant to K.S.A. 72-53,113, and amendments thereto, shall remain in full force and effect until such time as a second resolution becomes effective, at which time the initial resolution shall become null and void.
History: L. 1969, ch. 353, § 9; L. 1974, ch. 320, § 3; L. 2014, ch. 93, § 46; May 1.
Any school district which is authorized to make a tax levy under K.S.A. 72-53,121, and amendments thereto, may issue and sell general obligation bonds based upon and in lieu of making all or part of such tax levy. Any bonds issued under authority of this section shall be subject to like limitations as bonds issued under K.S.A. 72-53,117, and amendments thereto, and shall be issued in the same manner.
History: L. 1969, ch. 353, § 10; L. 1991, ch. 229, § 11; July 1.
This act shall not in any manner be construed as affecting the validity of any tax levies authorized to be made under article 53 of chapter 72 of the Kansas Statutes Annotated prior to the effective date of this act, nor shall this act in any manner be construed as affecting the validity of any bonds issued or authorized to be issued under article 53 of chapter 72 of the Kansas Statutes Annotated prior to the effective date of this act.
History: L. 1974, ch. 320, § 4; L. 2013, ch. 99, § 7; June 12, 2014.
To the extent that the provisions of any other law conflict with this act, the provisions of this act shall control.
History: L. 1991, ch. 229, § 12; July 1.
Nothing in this act* shall affect or invalidate any resolution adopted by a board of education of any school district pursuant to K.S.A. 72-53,113 or 72-53,121, and amendments thereto, on and after May 1, 2014, but prior to July 1, 2015.
History: L. 2015, ch. 4, § 78; April 2.
(a) There is hereby established in the state treasury the school district capital outlay state aid fund. Such fund shall consist of all moneys transferred thereto under the provisions of subsection (d).
(b) Each school district that levies a tax pursuant to K.S.A. 72-53,113 et seq., and amendments thereto, shall receive payment from the school district capital outlay state aid fund in an amount determined by the state board of education as provided in this section.
(c) The state board shall:
(1) Determine the amount of the assessed valuation per student of each school district in the state for the preceding school year and round such amount to the nearest $1,000. The rounded amount is the assessed valuation per student of a school district for the purposes of this subsection;
(2) determine the median assessed valuation per student of all school districts;
(3) prepare a schedule of dollar amounts using the amount of the median assessed valuation per student of all school districts as the point of beginning. The schedule of dollar amounts shall range upward in equal $1,000 intervals from the point of beginning to and including an amount that is equal to the amount of the assessed valuation per student of the school district with the highest assessed valuation per student of all school districts and shall range downward in equal $1,000 intervals from the point of beginning to and including an amount that is equal to the amount of the assessed valuation per student of the school district with the lowest assessed valuation per student of all school districts;
(4) determine a state aid percentage factor for each school district by assigning a state aid computation percentage to the amount of the median assessed valuation per student shown on the schedule, decreasing the state aid computation percentage assigned to the amount of the median assessed valuation per student by one percentage point for each $1,000 interval above the amount of the median assessed valuation per student, and increasing the state aid computation percentage assigned to the amount of the median assessed valuation per student by one percentage point for each $1,000 interval below the amount of the median assessed valuation per student. The state aid percentage factor of a school district is the percentage assigned to the schedule amount that is equal to the amount of the assessed valuation per student of the school district, except that the state aid percentage factor of a school district shall not exceed 100%. The state aid computation percentage is 25%;
(5) determine the amount levied by each school district pursuant to K.S.A. 72-53,113 et seq., and amendments thereto; and
(6) multiply the amount computed under subsection (c)(5), but not to exceed eight mills, by the applicable state aid percentage factor. The resulting product is the amount of payment the school district is to receive from the school district capital outlay state aid fund in the school year.
(d) The state board shall certify to the director of accounts and reports the amount of school district capital outlay state aid determined under the provisions of subsection (c), and an amount equal thereto shall be transferred by the director from the state general fund to the school district capital outlay state aid fund for distribution to school districts. All transfers made in accordance with the provisions of this subsection shall be considered to be demand transfers from the state general fund.
(e) Payments from the school district capital outlay state aid fund shall be distributed to school districts at times determined by the state board of education. The state board of education shall certify to the director of accounts and reports the amount due each school district, and the director of accounts and reports shall draw a warrant on the state treasury payable to the treasurer of the school district. Upon receipt of the warrant, the treasurer of the school district shall credit the amount thereof to the capital outlay fund of the school district to be used for the purposes of such fund.
History: L. 2017, ch. 95, § 50; July 1.
No ad valorem tax exemption for real or personal property granted after the effective date of this act by the board of tax appeals pursuant to the provisions of either: (a) Section 13 of article 11 of the constitution of the state of Kansas; or (b) K.S.A. 12-1740 et seq. and 79-201a
Second
or
Twenty-Fourth,
and amendments thereto, for any property purchased with the proceeds of revenue bonds shall be deemed to exempt any such property from the ad valorem property tax levied by a school district pursuant to the provisions of K.S.A. 72-53,113, and amendments thereto. The provisions of this section shall not apply to exemptions granted by the board of tax appeals when the associated resolution of intent, letter of intent or inducement resolution to issue revenue bonds and grant property tax abatement was approved by any governing body of any city or the board of commissioners of any county or the public hearing required by K.S.A. 79-251, and amendments thereto, was conducted prior to May 1, 2017.
History: L. 2017, ch. 95, § 52; July 1.
History: L. 1937, ch. 311, § 1; L. 1969, ch. 326, § 1; Repealed, L. 1974, ch. 301, § 11; July 1.
History: L. 1937, ch. 311, § 2; Repealed, L. 1974, ch. 301, § 11; July 1.
History: L. 1937, ch. 311, § 3; L. 1967, ch. 382, § 1; L. 1969, ch. 326, § 2; Repealed, L. 1974, ch. 301, § 11; July 1.
History: L. 1937, ch. 311, § 4; Repealed, L. 1974, ch. 301, § 11; July 1.
History: L. 1937, ch. 311, § 5; Repealed, L. 1974, ch. 301, § 11; July 1.
History: L. 1937, ch. 311, § 6; L. 1967, ch. 388, § 1; L. 1968, ch. 57, § 1; Repealed, L. 1974, ch. 301, § 11; July 1.
History: L. 1937, ch. 311, § 7; Repealed, L. 1974, ch. 301, § 11; July 1.
History: L. 1937, ch. 311, §§ 8, 9; Repealed, L. 1974, ch. 301, § 11; July 1.
Revisor's Note: Section transferred to 72-2215.
History: L. 1951, ch. 413, § 2; L. 1970, ch. 284, § 13; L. 1978, ch. 292, § 1; L. 1980, ch. 220, § 16; L. 1984, ch. 266, § 1; L. 1992, ch. 20, § 1; L. 1995, ch. 263, § 2; Repealed, L. 2008, ch. 125, § 5; May 1.
Revisor's Note: Section transferred to 72-2216.
Revisor's Note: Section transferred to 72-2217.
Revisor's Note: Section transferred to 72-2218.
Revisor's Note: Section transferred to 72-2219.
Revisor's Note: Section transferred to 72-2220.
Revisor's Note: Section transferred to 72-2221.
Revisor's Note: Section transferred to 72-2222.
Revisor's Note: Section transferred to 72-2223.
Revisor's Note: Section transferred to 72-2224.
Revisor's Note: Section transferred to 72-2225.
Revisor's Note: Section transferred to 72-2226.
Revisor's Note: Section transferred to 72-2227.
Revisor's Note: Section transferred to 72-2228.
Revisor's Note: Section transferred to 72-2229.
Revisor's Note: Section transferred to 72-2230.
Revisor's Note: Section transferred to 72-2231.
Revisor's Note: Section transferred to 72-2232.
Revisor's Note: Section transferred to 72-2233.
Revisor's Note: Section transferred to 72-2238.
Revisor's Note: Section transferred to 72-2234.
Revisor's Note: Section transferred to 72-2235.
Revisor's Note: Section transferred to 72-2236.
Revisor's Note: Section transferred to 72-2239.
Revisor's Note: Section transferred to 72-2237.
Revisor's Note: Section transferred to 72-2240.
Revisor's Note: Section transferred to 72-2252.
Revisor's Note: Section transferred to 72-2251.
Revisor's Note: Section transferred to 72-2253.
Revisor's Note: Section transferred to 72-2254.
Revisor's Note: Section transferred to 72-2255.
Revisor's Note: Section transferred to 72-2256.
Revisor's Note: Section transferred to 72-2257.
Revisor's Note: Section transferred to 72-2258.
Revisor's Note: Section transferred to 72-2259.
Revisor's Note: Section transferred to 72-2260.
History: L. 1974, ch. 301, § 10; L. 1975, ch. 373, § 8; L. 1976, ch. 315, § 7; L. 1984, ch. 267, § 3; L. 1992, ch. 185, § 7; L. 1998, ch. 171, § 2; L. 2001, ch. 177, § 12; L. 2005, ch. 69, § 21; L. 2009, ch. 32, § 58; L. 2010, ch. 74, § 15; L. 2011, ch. 30, § 252; Repealed, L. 2012, ch. 166, § 24; July 1.
Revisor's Note: Section transferred to 72-2262.
Revisor's Note: Section transferred to 72-2261.
Revisor's Note: Section transferred to 72-2281.
Revisor's Note: Section transferred to 72-2282.
Revisor's Note: Section transferred to 72-2283.
Revisor's Note: Section transferred to 72-2284.
Revisor's Note: Section transferred to 72-2285.
The state school-fund commission provided for by K.S.A. 75-2301 is hereby abolished.
History: L. 1974, ch. 294, § 12; July 1.
(a) The board of education of a school district is authorized to select any site or sites necessary for school district purposes. When a board determines that it is necessary to purchase or improve a site or sites, or to acquire, construct, equip, furnish, repair, remodel or make additions to any building or buildings used for school district purposes, including housing and boarding pupils enrolled in an area vocational school operated under the board, or to purchase school buses, the board may submit to the electors of the unified district the question of issuing general obligation bonds for one or more of the above purposes, and upon the affirmative vote of the majority of those voting thereon, the board shall be authorized to issue the bonds. The board shall adopt a resolution stating the purpose for which bonds are to be issued and the estimated amount thereof. The board shall give notice of the bond election in the manner prescribed in K.S.A. 10-120, and amendments thereto, and the election shall be held in accordance with the provisions of the general bond law. No action shall be brought in any court to contest the validity of any election held under this subsection, nor to contest any of the proceedings preliminary thereto, except within 90 days immediately following certification of the results of the election. The aggregate amount of bonds of a board outstanding at any time, exclusive of bonds specifically exempted from statutory debt limitations, shall be limited to 14% of the assessed valuation of taxable tangible property within the school district, except that such limitation may be modified as provided in article 54 of chapter 72 of [the] Kansas Statutes Annotated. The bonded debt limitation prescribed by amendment of this subsection shall not be applied in any manner so as to affect the validity of any bonds of a board which are outstanding on the effective date of this act.
(b) Any board of education may issue, without an election but with the approval of the state board of education, bonds to construct or acquire buildings to be used for school district purposes, including housing and boarding pupils enrolled in an area vocational school operated under the board, to repair school district buildings, to acquire equipment, or to purchase school buses, in an amount not to exceed $20,000. Bonds issued without an election under this subsection shall not be subject to any bonded debt limitations nor shall the bonds be considered in determining the bonded indebtedness of any school district, and the total amount of bonds outstanding which are issued hereunder without an election shall not at any one time exceed $20,000.
(c) In lieu of bonds, temporary notes may be issued under K.S.A. 10-123, and amendments thereto, and the notes may be retired, at the option of the board of education, by tax levies made under K.S.A. 10-113, and amendments thereto.
(d) To the extent that the provisions of any other law pertaining to the determination of limitations on bonded debt of school districts conflict with the provisions of this section, the provisions of this section shall control.
History: L. 1963, ch. 393, § 28; L. 1969, ch. 335, § 1; L. 1971, ch. 234, § 1; L. 1980, ch. 221, § 1; L. 1981, ch. 286, § 1; L. 1991, ch. 227, § 1; L. 1993, ch. 39, § 1; July 1.
The limitations imposed by law upon school districts for the purpose of purchasing or improving a site or sites, constructing, furnishing, equipping, repairing, remodeling or making additions to buildings necessary for school district purposes, including housing and boarding pupils enrolled in an area vocational school operated under the board of education of the school district, or for the purpose of purchasing school buses may be modified as provided in article 54 of chapter 72 of [the] Kansas Statutes Annotated.
History: L. 1911, ch. 257, § 1; R.S. 1923, 75-2315; L. 1951, ch. 448, § 1; L. 1963, ch. 393, § 29; L. 1974, ch. 294, § 2; L. 1981, ch. 286, § 5; July 1.
The state board of education may issue an order authorizing any school district to vote bonds for the purpose of purchasing or improving a site or sites, constructing, furnishing, equipping, repairing, remodeling or making additions to buildings necessary for school district purposes, including housing and boarding pupils enrolled in an area vocational school operated under the board of education of the school district, or purchasing school buses to an amount to be determined by the state board of education, and in addition to, the amount of bonds which the district may be otherwise authorized to issue.
History: L. 1911, ch. 257, § 2; L. 1919, ch. 275, § 1; R.S. 1923, 75-2316; L. 1951, ch. 448, § 2; L. 1963, ch. 393, § 30; L. 1974, ch. 294, § 3; L. 1981, ch. 286, § 6; July 1.
The board of education of any school district may make application upon its own motion to the state board of education for the additional authority provided for in K.S.A. 72-5459, and amendments thereto, and shall make such an application upon being presented with a petition, signed by not less than 51% of the qualified electors of the school district, requesting the making of such an application. Notice of the intention to make such an application shall be given to the electors by a publication in a newspaper of general circulation in the school district, in form to be prescribed by the state board of education. The state board of education may adopt rules and regulations necessary to properly carry out the provisions of this act, including rules in relation to the evidence required in support of the application and the method of furnishing such evidence.
History: L. 1911, ch. 257, § 3; R.S. 1923, 75-2317; L. 1949, ch. 429, § 1; L. 1951, ch. 448, § 3; L. 1974, ch. 294, § 4; L. 1991, ch. 227, § 2; July 1.
(a) Upon receiving an application under K.S.A. 72-5460, and amendments thereto, the state board of education shall review the application and examine the evidence furnished in support of the application.
(b) (1) The state board of education shall not approve any application submitted during the current school year if such approval would result in the aggregate amount of all general obligation bonds approved by the state board for such school year exceeding the aggregate principal amount of all general obligation bonds retired in the immediately preceding school year adjusted for inflation pursuant to paragraph (4). For any application submitted during the current school year in excess of $175,000,000, the state board shall apply only an amount of $175,000,000 of such application when determining whether the aggregate principal amount of all general obligation bonds retired in the immediately preceding school year has been exceeded. In determining whether to approve an application, the state board shall prioritize applications in accordance with the priorities set forth as follows in order of highest priority to lowest priority:
(A) Safety of the current facility and disability access to such facility as demonstrated by a state fire marshal report, an inspection under the Americans with disabilities act, 42 U.S.C. § 12101 et seq., or other similar evaluation;
(B) enrollment growth and imminent overcrowding as demonstrated by successive increases in enrollment of the school district in the immediately preceding three school years;
(C) impact on the delivery of educational services as demonstrated by restrictive inflexible design or limitations on installation of technology; and
(D) energy usage and other operational inefficiencies as demonstrated by a district-wide energy usage analysis, district-wide architectural analysis or other similar evaluation.
(2) The state board shall not consider a school district's eligibility for capital improvement state aid, or the amount of capital improvement state aid a school district would be eligible to receive, in determining whether to approve such district's application.
(3) The provisions of subsection (b)(1) shall not apply to school districts that:
(A) Have not issued any general obligation bonds in the 25 years prior to the current school year; or
(B) do not receive capital improvement state aid because such school district is not eligible to receive such aid or has opted out of receiving such aid in the resolution adopted as provided in K.S.A. 72-5457, and amendments thereto.
(4) The state board shall adjust the aggregate principal amount of all general obligation bonds retired in the immediately preceding school year by adding an amount equal to the five-year compounded percentage increase in the producer price index industry data for new school building construction as published by the bureau of labor statistics of the United States department of labor for the five immediately preceding school years.
(c) After reviewing the application and examining the supportive evidence, the state board of education shall issue an order either granting or denying the application. If the application is approved, the applicant board of education shall request the county election officer to hold an election to vote upon the question of issuing the increased amount of bonds in the manner provided by law.
(d) Any application that is denied pursuant to subsection (b) may be tentatively approved by the state board of education for the immediately succeeding school year. The amount of general obligation bonds approved in any such application shall be counted first towards the aggregate amount of all general obligation bonds approved by the state board for such school year.
(e) The state board of education shall determine the aggregate principal amount of general obligation bonds retired in the immediately preceding school year.
(f) The provisions of subsections (b), (d) and (e) shall expire on June 30, 2027.
History: R.S. 1923, 75-2318; L. 1951, ch. 448, § 4; L. 1968, ch. 143, § 6; L. 1974, ch. 294, § 5; L. 1980, ch. 221, § 2; L. 1988, ch. 356, § 298; L. 1989, ch. 283, § 19; L. 1991, ch. 227, § 3; L. 2017, ch. 95, § 101; L. 2018, ch. 57, § 16; L. 2022, ch. 94, § 25; July 1.
(a) There is hereby established in the state treasury the school district capital improvements fund. The fund shall consist of all amounts transferred thereto under the provisions of subsection (c).
(b) In each school year, each school district that is obligated to make payments from its capital improvements fund shall be entitled to receive payment from the school district capital improvements fund in an amount determined by the state board of education as provided in this subsection.
(1) For general obligation bonds approved for issuance at an election held prior to July 1, 2015, the state board of education shall:
(A) Determine the amount of the assessed valuation per pupil (AVPP) of each school district in the state for the preceding school year and round such amount to the nearest $1,000. The rounded amount is the AVPP of a school district for the purposes of this subsection (b)(1);
(B) determine the median AVPP of all school districts;
(C) prepare a schedule of dollar amounts using the amount of the median AVPP of all school districts as the point of beginning. The schedule of dollar amounts shall range upward in equal $1,000 intervals from the point of beginning to and including an amount that is equal to the amount of the AVPP of the school district with the highest AVPP of all school districts and shall range downward in equal $1,000 intervals from the point of beginning to and including an amount that is equal to the amount of the AVPP of the school district with the lowest AVPP of all school districts;
(D) determine a state aid percentage factor for each school district by assigning a state aid computation percentage to the amount of the median AVPP shown on the schedule, decreasing the state aid computation percentage assigned to the amount of the median AVPP by one percentage point for each $1,000 interval above the amount of the median AVPP, and increasing the state aid computation percentage assigned to the amount of the median AVPP by one percentage point for each $1,000 interval below the amount of the median AVPP. Except as provided by K.S.A. 72-5463, and amendments thereto, the state aid percentage factor of a school district is the percentage assigned to the schedule amount that is equal to the amount of the AVPP of the school district. The state aid percentage factor of a school district shall not exceed 100%. The state aid computation percentage is 25%;
(E) determine the amount of payments that a school district is obligated to make from its bond and interest fund attributable to general obligation bonds approved for issuance at an election held prior to July 1, 2015; and
(F) multiply the amount determined under subsection (b)(1)(E) by the applicable state aid percentage factor.
(2) For general obligation bonds approved for issuance at an election held on or after July 1, 2015, but prior to July 1, 2022, the state board of education shall:
(A) Determine the amount of the AVPP of each school district in the state for the preceding school year and round such amount to the nearest $1,000. The rounded amount is the AVPP of a school district for the purposes of this subsection (b)(2);
(B) prepare a schedule of dollar amounts using the amount of the AVPP of the school district with the lowest AVPP of all school districts as the point of beginning. The schedule of dollar amounts shall range upward in equal $1,000 intervals from the point of beginning to and including an amount that is equal to the amount of the AVPP of the school district with the highest AVPP of all school districts;
(C) determine a state aid percentage factor for each school district by assigning a state aid computation percentage to the amount of the lowest AVPP shown on the schedule and decreasing the state aid computation percentage assigned to the amount of the lowest AVPP by one percentage point for each $1,000 interval above the amount of the lowest AVPP. Except as provided by K.S.A. 72-5463, and amendments thereto, the state aid percentage factor of a school district is the percentage assigned to the schedule amount that is equal to the amount of the AVPP of the school district. The state aid computation percentage is 75%;
(D) determine the amount of payments that a school district is obligated to make from its bond and interest fund attributable to general obligation bonds approved for issuance at an election held on or after July 1, 2015, but prior to July 1, 2022; and
(E) multiply the amount determined under subsection (b)(2)(D) by the applicable state aid percentage factor.
(3) For general obligation bonds approved for issuance at an election held on or after July 1, 2022, the state board of education shall:
(A) Except as provided in subsection (b)(9), determine the amount of the AVPP of each school district in the state for the preceding school year and round such amount to the nearest $1,000. The rounded amount is the AVPP of a school district for the purposes of this subsection (b)(3);
(B) except as provided in subsection (b)(9), prepare a schedule of dollar amounts using the amount of the AVPP of the school district with the lowest AVPP of all school districts as the point of beginning. The schedule of dollar amounts shall range upward in equal $1,000 intervals from the point of beginning to and including an amount that is equal to the amount of the AVPP of the school district with the highest AVPP of all school districts;
(C) determine a state aid percentage factor for each school district by assigning a state aid computation percentage to the amount of the lowest AVPP shown on the schedule and decreasing the state aid computation percentage assigned to the amount of the lowest AVPP by one percentage point for each $1,000 interval above the amount of the lowest AVPP. Except as provided by K.S.A. 72-5463, and amendments thereto, the state aid percentage factor of a school district is the percentage assigned to the schedule amount that is equal to the amount of the AVPP of the school district. The state aid computation percentage is 51%;
(D) determine the amount of payments that a school district is obligated to make from its bond and interest fund attributable to general obligation bonds approved for issuance at an election held on or after July 1, 2022; and
(E) multiply the amount determined under subsection (b)(3)(D) by the applicable state aid percentage factor.
(4) For general obligation bonds approved for issuance at an election held on or before June 30, 2016, the sum of the amount determined under subsection (b)(1)(F) and the amount determined under subsection (b)(2)(E) is the amount of payment the school district is entitled to receive from the school district capital improvements fund in the school year.
(5) (A) For general obligation bonds approved for issuance at an election held on or after July 1, 2016, the amount determined under subsection (b)(2)(E) or (b)(3)(E) is the amount of payment the school district shall receive from the school district capital improvements fund in the school year, except the total amount of payments school districts receive from the school district capital improvements fund in the school year for such bonds shall not exceed the six-year average amount of capital improvement state aid as determined by the state board of education.
(B) The state board of education shall determine the six-year average amount of capital improvement state aid by calculating the average of the total amount of moneys expended per year from the school district capital improvements fund in the immediately preceding six fiscal years, not to include the current fiscal year.
(C) (i) Subject to clause (ii), the state board of education shall prioritize the allocations to school districts from the school district capital improvements fund in accordance with the priorities set forth as follows in order of highest priority to lowest priority:
(a) Safety of the current facility and disability access to such facility as demonstrated by a state fire marshal report, an inspection under the Americans with disabilities act, 42 U.S.C. § 12101 et seq., or other similar evaluation;
(b) enrollment growth and imminent overcrowding as demonstrated by successive increases in enrollment of the school district in the immediately preceding three school years;
(c) impact on the delivery of educational services as demonstrated by restrictive inflexible design or limitations on installation of technology; and
(d) energy usage and other operational inefficiencies as demonstrated by a district-wide energy usage analysis, district-wide architectural analysis or other similar evaluation.
(ii) In allocating capital improvement state aid, the state board shall give higher priority to those school districts with a lower AVPP compared to the other school districts that are to receive capital improvement state aid under this section.
(D) On and after July 1, 2016, the state board of education shall approve the amount of state aid payments a school district shall receive from the school district capital improvements fund pursuant to subsection (b)(6) prior to an election to approve the issuance of general obligation bonds.
(6) Except as provided in subsections (b)(7) through (b)(9), the sum of the amounts determined under subsection (b)(4) and the amount determined or allocated to the district by the state board of education pursuant to subsection (b)(5), is the amount of payment the school district is entitled to receive from the school district capital improvements fund in the school year.
(7) A school district that had an enrollment of less than 260 students in the school year immediately preceding the school year in which an election is held to approve the issuance of general obligation bonds shall not be entitled to receive payments from the school district capital improvements fund unless such school district applied for and received approval from the state board of education to issue such bonds prior to holding an election to approve such bond issuance. The provisions of this paragraph shall apply to general obligation bonds approved for issuance at an election held on or after July 1, 2017, that are issued for the purpose of financing the construction of new school facilities.
(8) For general obligation bonds approved for issuance at an election held on or after July 1, 2017, in determining the amount under subsection (b)(2)(D) and (b)(3)(D), the state board shall exclude payments for any capital improvement project, or portion thereof, that proposes to construct, reconstruct or remodel a facility that would be used primarily for extracurricular activities, unless the construction, reconstruction or remodeling of such facility is necessary due to concerns relating to the safety of the current facility or disability access to such facility as demonstrated by a state fire marshal report, an inspection under the Americans with disabilities act, 42 U.S.C. § 12101 et seq., or other similar evaluation.
(9) For general obligation bonds approved for issuance at an election held on or after July 1, 2022, the state board of education shall:
(A) In preparing the schedule of dollar amounts pursuant to subsection (b)(3)(B), exclude unified school district No. 207, Fort Leavenworth, from such schedule and determine the point of beginning based on the amount of the AVPP of the school district with the lowest AVPP of the remaining school districts; and
(B) in determining the amount of the AVPP of a school district, exclude the number of students enrolled in a virtual school, as defined in K.S.A. 72-3712, and amendments thereto, that is offered by such school district from the determination of the AVPP of such school district.
(c) The state board of education shall certify to the director of accounts and reports the entitlements of school districts determined under the provisions of subsection (b), and an amount equal thereto shall be transferred by the director from the state general fund to the school district capital improvements fund for distribution to school districts. All transfers made in accordance with the provisions of this subsection shall be considered to be demand transfers from the state general fund, except that all such transfers during the fiscal year ending June 30, 2023, shall be considered to be revenue transfers from the state general fund.
(d) Payments from the school district capital improvements fund shall be distributed to school districts at times determined by the state board of education to be necessary to assist school districts in making scheduled payments pursuant to contractual bond obligations. The state board of education shall certify to the director of accounts and reports the amount due each school district entitled to payment from the fund, and the director of accounts and reports shall draw a warrant on the state treasurer payable to the treasurer of the school district. Upon receipt of the warrant, the treasurer of the school district shall credit the amount thereof to the bond and interest fund of the school district to be used for the purposes of such fund.
(e) The provisions of this section apply only to contractual obligations incurred by school districts pursuant to general obligation bonds issued upon approval of a majority of the qualified electors of the school district voting at an election upon the question of the issuance of such bonds.
(f) Each year, the state board of education shall prepare and submit a report to the legislature that includes information on school district elections held on or after July 1, 2016, to approve the issuance of general obligation bonds and the amount of payments school districts were approved to receive from the school district capital improvements fund pursuant to subsection (b)(5)(D).
History: L. 1992, ch. 284, § 1; L. 1993, ch. 55, § 1; L. 2002, ch. 204, § 160; L. 2003, ch. 138, § 124; L. 2004, ch. 123, § 170; L. 2005, ch. 174, § 179; L. 2006, ch. 197, § 29; L. 2007, ch. 195, § 41; L. 2010, ch. 165, § 145; L. 2011, ch. 118, § 180; L. 2012, ch. 175, § 157; L. 2013, ch. 136, § 269; L. 2015, ch. 4, § 72; L. 2015, ch. 92, § 9; L. 2016, ch. 83, § 3; L. 2017, ch. 95, § 102; L. 2019, ch. 19, § 17; L. 2021, ch. 98, § 175; L. 2022, ch. 94, § 26; L. 2023, ch. 98, § 19; June 8.
(a) Unless the context otherwise requires, as used in this section, "district" means: (1) Any school district formed by consolidation in accordance with article 7 of chapter 72 of the Kansas Statutes Annotated; or (2) any school district formed by disorganization and attachment in accordance with article 6 of chapter 72 of the Kansas Statutes Annotated, and amendments thereto, if all the territory which comprised a disorganized district is attached to a single district.
(b) (1) For the purposes of determining the amount of the payment from the school district capital improvements fund under K.S.A. 72-5462, and amendments thereto, the state board shall determine the state aid percentage factor of each of the former school districts of which the district is composed for the school year prior to the effectuation of the consolidation or attachment.
(2) For the school year in which the consolidation or attachment is effectuated and the next succeeding two school years, the state aid percentage factor of the district shall be the highest state aid percentage factor determined under paragraph (1).
(c) The provisions of this section shall apply to districts which have consolidated or disorganized on and after July 1, 2004.
History: L. 2006, ch. 165, § 6; July 1.
(a) As used in this section:
(1) "School district" or "district" means a school district which has an extraordinary declining enrollment.
(2) "Extraordinary declining enrollment" means an enrollment which has declined during the preceding three school years at a rate of at least 5% per year or by at least 50 pupils per year, whichever is greater.
(3) "Joint committee" means the joint committee on state building construction.
(b) The board of education of any school district shall not authorize the issuance of any bonds for the construction of a new building without having first advised and consulted with the joint committee. Prior to the date of the hearing of the joint committee at which the board is scheduled to appear, the board shall submit any information requested by the joint committee. Following such hearing, the committee shall make a recommendation on the advisability of the proposed issuance of bonds. A copy of the committee's recommendation shall be provided to the school district and to the state board of education within 15 days of the date of the hearing.
(c) If the joint committee recommends against the issuance of any bonds for the construction of a new building and if the district proceeds to issue bonds for such construction, the district shall not be entitled to, and shall not receive, state aid for such bonds under K.S.A. 72-5462, and amendments thereto, unless approved by the state board.
(d) The provisions of this section shall not apply to any district which is not entitled to state aid under K.S.A. 72-5462, and amendments thereto.
History: L. 2006, ch. 197, § 4; July 1.
The result of the election held on May 21, 2024, on the question submitted by the board of education of unified school district no. 200, Greeley county, for the purpose of authorizing the issuance of general obligation bonds in an amount not to exceed $4,600,000 to pay the costs to: (a) Construct, furnish, equip and acquire improvements, additions and renovations to the school district's elementary and junior/senior high school facility, including safety and security improvements, playground improvements, locker room additions and renovations, a gymnasium addition and improvements to comply with the Americans with disabilities act; (b) construct, furnish, equip and acquire other necessary renovations and improvements to school district facilities; (c) make all other necessary improvements appurtenant thereto; and (d) pay the costs of issuance and interest on the bonds during construction of the project is hereby declared valid, and the board of education may issue such general obligation bonds as otherwise provided by law in an amount not to exceed $4,600,000 for the purposes specified herein.
History: L. 2025, ch. 4, § 1; March 27.
Revisor's Note: Section was transferred to 72-2624.
Revisor's Note: Section was transferred to 72-2625.
History: L. 1941, ch. 341, § 3; L. 1969, ch. 327, § 2; Repealed, L. 1973, ch. 286, § 1; July 1.
History: L. 1941, ch. 341, § 4; Repealed, L. 1973, ch. 286, § 1; July 1.
History: L. 1941, ch. 341, § 5; L. 1943, ch. 277, § 5; L. 1945, ch. 292, § 1; L. 1949, ch. 380, § 2; L. 1953, ch. 363, § 1; L. 1961, ch. 342, § 1; L. 1965, ch. 414, § 1; Repealed, L. 1973, ch. 286, § 1; July 1.
History: L. 1941, ch. 341, § 6; L. 1953, ch. 339, § 2; L. 1969, ch. 327, § 3; Repealed, L. 1973, ch. 286, § 1; July 1.
History: L. 1941, ch. 341, § 7; Repealed, L. 1973, ch. 286, § 1; July 1.
History: L. 1941, ch. 341, § 8; L. 1965, ch. 414, § 2; L. 1967, ch. 434, § 21; Repealed, L. 1973, ch. 286, § 1; July 1.
History: L. 1941, ch. 341, § 9; Repealed, L. 1973, ch. 286, § 1; July 1.
Revisor's Note: Section was transferred to 72-2626.
Revisor's Note: Section was transferred to 72-2627.
Revisor's Note: Section was transferred to 72-2628.
History: L. 1963, ch. 380, § 2; Repealed, L. 1974, ch. 293, § 5; July 1.
Revisor's Note: Section was transferred to 72-2629.
Revisor's Note: Section was transferred to 72-2630.
Revisor's Note: Section was transferred to 72-2631.
Revisor's Note: Section was transferred to 72-2632.
Revisor's Note: Section was transferred to 72-2633.
Revisor's Note: Section was transferred to 72-2634.
History: L. 1969, ch. 327, § 7; Repealed, L. 1973, ch. 286, § 1; July 1.
Revisor's Note: Section was transferred to 72-2635.
Revisor's Note: Section was transferred to 72-2636.
Revisor's Note: Section was transferred to 72-2637.
Revisor's Note: Section was transferred to 72-2638.
Revisor's Note: Section was transferred to 72-2639.
Revisor's Note: Section was transferred to 72-2640.
History: L. 1941, ch. 341, § 22; L. 1947, ch. 373, § 3; L. 1967, ch. 383, § 4; L. 1969, ch. 327, § 8; Repealed, L. 1973, ch. 286, § 1; July 1.
History: L. 1941, ch. 341, § 23; Repealed, L. 1947, ch. 373, § 4; July 1.
Revisor's Note: Section was transferred to 72-2641.
Revisor's Note: Section was transferred to 72-2642.
Revisor's Note: Section was transferred to 72-2643.
Revisor's Note: Section was transferred to 72-2644.
Revisor's Note: Section was transferred to 72-2645.
Revisor's Note: Section was transferred to 72-2646.
Revisor's Note: Section was transferred to 72-2647.
History: L. 1941, ch. 341, § 31; L. 1963, ch. 381, § 3; L. 1965, ch. 413, § 4; Repealed, L. 1998, ch. 64, § 95; July 1.
Revisor's Note: Section was transferred to 72-2648.
Revisor's Note: Section was transferred to 72-2649.
Revisor's Note: Section was transferred to 72-2650.
History: L. 1972, ch. 304, § 1; L. 1973, ch. 289, § 1; L. 1974, ch. 303, § 1; L. 1979, ch. 228, § 1; L. 1983, ch. 239, § 1; Repealed, L. 1984, ch. 289, § 28; July 1.
Revisor's Note: Section was transferred to 72-2651.
The board of education of any school district or the board of trustees of any community junior college may make and file applications for federal funds appropriated and made available for school purposes by federal law. Any school district or any community junior college may receive from the federal government, or any of its agencies, any funds made available under existing law, rules or regulations, or that may hereafter be made available, for any and all school purposes. Any such board may expend the same for said purposes in accordance with the law, and the rules, regulations and requirements under which such funds are made available and such expenditures may be made even though the same were not included in the budget for the period in which such expenditures are made.
History: L. 1951, ch. 423, § 1; L. 1963, ch. 387, § 1; L. 1965, ch. 410, § 42; L. 1969, ch. 310, § 36; July 1.
In the event the designation of a "state education agency" is required by federal laws now or hereafter enacted which make available federal funds for educational purposes, the state board of education is designated as the "state education agency" through which applications, reports, agreements and federal funds are to be channeled; and said "state education agency" is hereby authorized and empowered to do all things necessary to comply with and carry out any such federal law or the rules and regulations promulgated thereunder by the federal government or any agency thereof. Nothing contained in this section shall be construed as preventing any board of education or any educational agency of this state from making direct applications for or receiving directly federal funds made available for educational purposes in those cases where the federal law permits direct applications for and receipt of federal funds by any such board of education or its school district or educational agency of this state.
History: L. 1957, ch. 404, § 1; L. 1965, ch. 410, § 44; L. 1969, ch. 310, § 35; July 1.
(a) It is hereby declared to be a policy of the state of Kansas to cooperate with the federal government in doing research in the field of special education within this state to determine the needs of educable children with intellectual disability in areas where population is not sufficiently large to make possible the organization of day school special classes in centers within travel distance for children.
(b) The state board of education is designated the "educational agency" responsible for carrying out the purposes of this act, and is authorized to make and file applications for federal funds as provided in the federal act of July 26, 1954 (68 Stat. 533). The state board of education is authorized and empowered to receive from the federal government, or any of its agencies, any funds made available under existing law, rules or regulations, or that may hereafter be made available for expenses of doing research, and such board may expend the same for such purposes in accordance with the rules, regulations and requirements under which such funds are made available.
(c) The state board of education is authorized and directed to require such reports, make such inspections and investigations, and prescribe such regulations, as it deems necessary in carrying out the provisions of this act, and shall make such reports to federal agencies as may be required by such agencies in granting federal funds.
(d) The state treasurer is designated the custodian of all funds made available for the purposes of this act. The state board of education shall deposit all such funds received from the federal government in the state treasury, and the treasurer of the state shall credit same to the proper accounts. The director of accounts and reports is hereby authorized to draw his warrants upon the treasurer of [the] state against such accounts upon duly authorized vouchers approved by the state board of education as provided by law.
History: L. 1957, ch. 397, § 1; L. 1969, ch. 310, § 37; L. 2012, ch. 91, § 56; July 1.
History: L. 1945, ch. 291, § 1; Repealed, L. 1949, ch. 381, § 1; June 30.
History: L. 1945, ch. 291, § 2; Repealed, L. 1949, ch. 381, § 1; June 30.
History: L. 1945, ch. 291, §§ 3, 4; L. 1947, ch. 374, §§ 1, 2; Repealed, L. 1949, ch. 381, § 1; June 30.
History: L. 1945, ch. 291, § 5; Repealed, L. 1949, ch. 381, § 1; June 30.
History: L. 1945, ch. 291, §§ 6, 7; L. 1947, ch. 374, §§ 3, 4; Repealed, L. 1949, ch. 381, § 1; June 30.
History: L. 1947, ch. 360, § 2; Repealed, L. 1949, ch. 381, § 1; June 30.
History: L. 1945, ch. 291, §§ 8 to 12; L. 1947, ch. 374, §§ 5 to 9; Repealed, L. 1949, ch. 381, § 1; June 30.
History: L. 1945, ch. 291, § 13; Repealed, L. 1949, ch. 381, § 1; June 30.
History: L. 1945, ch. 291, § 14; L. 1947, ch. 374, § 10; Repealed, L. 1949, ch. 381, § 1; June 30.
History: L. 1947, ch. 374, § 11; Repealed, L. 1949, ch. 381, § 1; June 30.
History: L. 1945, ch. 291, § 15; L. 1947, ch. 374, § 12; Repealed, L. 1949, ch. 381, § 1; June 30.
History: L. 1947, ch. 374, §§ 13, 14; Repealed, L. 1949, ch. 381, § 1; June 30.
History: L. 1945, ch. 291, §§ 16 to 21; Repealed, L. 1947, ch. 372, § 1; June 30.
History: L. 1945, ch. 291, § 24; Repealed, L. 1949, ch. 381, § 1; June 30.
History: L. 1945, ch. 291, § 25; L. 1947, ch. 374, § 15; Repealed, L. 1949, ch. 381, § 1; June 30.
History: L. 1947, ch. 374, § 16; Repealed, L. 1949, ch. 381, § 1; June 30.
History: L. 1947, ch. 375, §§ 1 to 3; Repealed, L. 1969, ch. 312, § 6; May 10.
History: L. 1947, ch. 377, §§ 1 to 3; Repealed, L. 1969, ch. 312, § 6; May 10.
(a) No school district shall expend, use or transfer any moneys from the general fund of the district for the purpose of engaging in or supporting in any manner any litigation by the school district or any person, association, corporation or other entity against the state of Kansas, the state board of education, the state department of education, other state agency or any state officer or employee regarding the Kansas school equity and enhancement act or any other law concerning school finance. No such moneys shall be paid, donated or otherwise provided to any person, association, corporation or other entity and used for the purpose of any such litigation.
(b) Nothing in K.S.A. 72-5143, and amendments thereto, or this section shall be construed as prohibiting the expenditure, use or transfer of moneys from that portion of the proceeds of any tax levied by a school district pursuant to K.S.A. 72-5147, and amendments thereto, that was levied to finance a school district's local option budget, for the purposes specified in subsection (a).
History: L. 2005, ch. 2, § 3 (Special Session); L. 2015, ch. 4, § 40; L. 2017, ch. 95, § 68; July 1.
(a) Before commencing an action pursuant to K.S.A. 72-5633, and amendments thereto, a party alleging a violation of article 6 of the Kansas constitution shall file a written notice as provided in this section. The notice shall be filed with the chief clerk of the house of representatives and the secretary of the senate and shall contain the following: (1) The name and address of the party or parties and the name and address of the party's or parties' attorney, if any; (2) a concise statement of the factual basis of the alleged violation, including supporting documentation; and (3) a statement of the amount of monetary damages a specific relief that is being requested. In the filing of a notice of claim, substantial compliance with the provisions and requirements of this subsection shall constitute valid filing of a claim. The contents of such notice shall not be admissible in any subsequent action arising out of the claim. Once notice of the alleged violation is filed, no action shall be commenced until after the party has received a written response by the legislature or until after 120 days has passed following the filing of the notice of claim, whichever occurs first.
(b) Except as otherwise provided, before any alleged violation is presented to the legislature or before any alleged violation is acted upon by the legislature, the alleged violation shall be investigated by the legislative counsel.
History: L. 2005, ch. 2, § 24 (Special Session); July 28.
(a) If a petition is filed in a district court of this state alleging a violation of article 6 of the Kansas constitution, the chief judge of such district court shall notify the chief justice of the supreme court of such petition within three business days thereafter.
(b) Within three business days of receiving such notice, the chief justice shall notify the chief judge of the court of appeals. Within 10 business days of receiving notice by the chief justice, the chief judge shall appoint a panel of three current or retired district court judges to preside over such civil action. The chief judge shall designate one of such judges to be the presiding judge of the panel. The judicial panel shall be considered a court of competent jurisdiction to hear and decide the civil action.
(c) The judicial panel shall establish venue pursuant to K.S.A. 72-5634, and amendments thereto.
(d) As a part of a remedy, preliminary decision or final decision in which a statute or legislative enactment of this state has been held unconstitutional as a violation of article 6 of the Kansas constitution, the judicial panel or any master or other person or persons appointed by the panel to hear or determine a cause or controversy or to make or enforce any order or remedy ordered by a court pursuant to K.S.A. 60-253, and amendments thereto, or any other provision of law, shall not have the authority to order a school district or any attendance center within a school district to be closed or enjoin the use of all statutes related to the distribution of funds for public education.
History: L. 2005, ch. 194, § 22; L. 2005, ch. 2, § 22 (Special Session); July 28.
(a) In any action alleging a violation of Article 6 of the Kansas constitution, venue shall be brought in the county as designated by the three judge panel appointed pursuant to K.S.A. 72-5633, and amendments thereto. In making such designation, the judicial panel shall consider the location of the parties and the witnesses.
History: L. 2005, ch. 194, § 23; May 19.
History: L. 1945, ch. 290, § 1; L. 1953, ch. 340, § 1; L. 1957, ch. 399, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1945, ch. 290, § 2; L. 1947, ch. 378, § 1; L. 1949, ch. 382, § 1; L. 1951, ch. 411, § 1; L. 1955, ch. 329, § 1; L. 1959, ch. 297, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1945, ch. 290, § 3; L. 1947, ch. 378, § 2; L. 1949, ch. 382, § 2; L. 1951, ch. 411, § 2; L. 1955, ch. 329, § 2; L. 1957, ch. 401, § 1; L. 1959, ch. 297, § 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1945, ch. 290, § 4; L. 1947, ch. 378, § 3; L. 1949, ch. 382, § 3; L. 1951, ch. 411, § 3; L. 1955, ch. 329, § 3; L. 1959, ch. 297, § 3; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1945, ch. 290, § 5; L. 1947, ch. 378, § 4; L. 1949, ch. 382, § 4; Repealed, L. 1965, ch. 402, § 21; November 2.
History: L. 1945, ch. 290, § 6; L. 1947, ch. 378, § 5; L. 1949, ch. 382, § 5; L. 1951, ch. 411, § 4; L. 1957, ch. 399, § 3; L. 1963, ch. 383, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1945, ch. 290, § 7; L. 1947, ch. 378, § 6; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1945, ch. 290, § 8; L. 1947, ch. 378, § 7; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1945, ch. 290, § 9; Repealed, L. 1947, ch. 378, § 10; April 14.
History: L. 1945, ch. 290, § 10; L. 1957, ch. 399, § 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1945, ch. 290, § 13; L. 1947, ch. 378, § 8; L. 1955, ch. 329, § 4; L. 1961, ch. 343, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1945, ch. 290, §§ 14, 15; Repealed, L. 1947, ch. 378, § 10; April 14.
History: L. 1947, ch. 378, § 9; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1949, ch. 385, § 1; L. 1951, ch. 411, § 5; L. 1953, ch. 341, § 1; L. 1955, ch. 330, § 1; L. 1957, ch. 402, § 1; L. 1958, ch. 19, § 1 (Special Session); Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1947, ch. 381, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1947, ch. 381, § 2; L. 1949, ch. 383, § 1; L. 1953, ch. 342, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1947, ch. 381, § 3; L. 1949, ch. 383, § 2; L. 1961, ch. 344, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1947, ch. 381, § 4; L. 1949, ch. 383, § 3; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1947, ch. 381, § 5; L. 1949, ch. 383, § 4; Repealed, L. 1965, ch. 402, § 21; November 2.
History: L. 1937, ch. 306, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1947, ch. 379, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1947, ch. 379, § 2; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1947, ch. 379, § 3; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1947, ch. 379, § 4; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1947, ch. 379, § 5; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1947, ch. 379, § 6; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1947, ch. 379, § 7; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1947, ch. 379, §§ 8, 9; Repealed, L. 1951, ch. 395, § 74; July 1.
History: L. 1947, ch. 380, §§ 1 to 10; Repealed, L. 1951, ch. 395, § 74; July 1.
Revisor's Note: Section transferred to 72-8261.
Revisor's Note: Section transferred to 72-8262.
Revisor's Note: Section transferred to 72-8263.
Revisor's Note: Section transferred to 72-8264.
Revisor's Note: Section transferred to 72-8265.
Revisor's Note: Section transferred to 72-8266.
Revisor's Note: Section transferred to 72-8267.
Revisor's Note: Section transferred to 74-32,264.
Revisor's Note: Section transferred to 74-32,265.
Revisor's Note: Section transferred to 74-32,266.
Revisor's Note: Section transferred to 72-8268.
History: L. 1949, ch. 358, § 1; L. 1963, ch. 385, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1949, ch. 358, § 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1949, ch. 358, § 3; L. 1951, ch. 412, § 1; L. 1953, ch. 344, § 1; L. 1955, ch. 331, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1949, ch. 358, § 4; L. 1951, ch. 412, § 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1949, ch. 358, § 5; L. 1951, ch. 412, § 3; L. 1953, ch. 344, § 2; L. 1955, ch. 332, § 1; L. 1957, ch. 403, § 1; L. 1963, ch. 386, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1949, ch. 358, § 6; L. 1951, ch. 412, § 4; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1972, ch. 274, § 1; L. 1975, ch. 374, § 2; L. 1979, ch. 229, § 1; L. 1986, ch. 272, § 1; L. 1992, ch. 104, § 1; L. 1993, ch. 170, § 1; Repealed, L. 1998, ch. 165, § 10; July 1.
History: L. 1972, ch. 274, § 2; L. 1975, ch. 374, § 3; L. 1985, ch. 243, § 1; L. 1988, ch. 280, § 1; L. 1993, ch. 170, § 2; Repealed, L. 1998, ch. 165, § 10; July 1.
History: L. 1972, ch. 274, § 3; L. 1975, ch. 374, § 4; L. 1978, ch. 294, § 1; L. 1985, ch. 243, § 2; L. 1986, ch. 272, § 2; L. 1993, ch. 170, § 3; Repealed, L. 1998, ch. 165, § 10; July 1.
History: L. 1972, ch. 274, § 4; L. 1975, ch. 374, § 5; L. 1979, ch. 229, § 2; L. 1985, ch. 243, § 3; L. 1993, ch. 170, § 4; Repealed, L. 1998, ch. 165, § 10; July 1.
History: L. 1972, ch. 274, § 5; L. 1975, ch. 374, § 6; L. 1986, ch. 272, § 3; L. 1992, ch. 104, § 2; L. 1993, ch. 170, § 5; Repealed, L. 1998, ch. 165, § 10; July 1.
History: L. 1972, ch. 274, § 6; L. 1975, ch. 374, § 7; L. 1986, ch. 272, § 4; L. 1993, ch. 170, § 6; Repealed, L. 1998, ch. 165, § 10; July 1.
History: L. 1993, ch. 170, § 7; Repealed, L. 1998, ch. 165, § 10; July 1.
The board of education of any school district may suspend or expel, or by regulation authorize any certificated employee or committee of certificated employees to suspend or expel, any pupil guilty of any of the following:
(a) Willful violation of any published regulation for student conduct adopted or approved by the board of education;
(b) conduct which substantially disrupts, impedes or interferes with the operation of any public school;
(c) conduct which endangers the safety of others or which substantially impinges upon or invades the rights of others at school, on school property, or at a school supervised activity;
(d) conduct which, if the pupil is an adult, constitutes the commission of a felony or, if the pupil is a juvenile, would constitute the commission of a felony if committed by an adult;
(e) conduct at school, on school property, or at a school supervised activity which, if the pupil is an adult, constitutes the commission of a misdemeanor or, if the pupil is a juvenile, would constitute the commission of a misdemeanor if committed by an adult; or
(f) disobedience of an order of a teacher, peace officer, school security officer or other school authority when such disobedience can reasonably be anticipated to result in disorder, disruption or interference with the operation of any public school or substantial and material impingement upon or invasion of the rights of others.
History: L. 1970, ch. 300, § 1; L. 1994, ch. 307, § 1; May 12.
(a) A suspension may be for a short term not exceeding 10 school days, or for an extended term not exceeding 90 school days. An expulsion may be for a term not exceeding 186 school days. If a suspension or expulsion is for a term exceeding the number of school days remaining in the school year, any remaining part of the term of the suspension or expulsion may be applied to the succeeding school year.
(b) (1) Except as authorized in provision (2), no suspension for a short term shall be imposed upon a pupil without giving the pupil notice of the charges and affording the pupil an opportunity for a hearing thereon. The notice may be oral or written and the hearing may be held immediately after the notice is given. The hearing may be conducted informally but shall include the following procedural due process requirements: (A) The right of the pupil to be present at the hearing; (B) the right of the pupil to be informed of the charges; (C) the right of the pupil to be informed of the basis for the accusation; and (D) the right of the pupil to make statements in defense or mitigation of the charges or accusations. Refusal of a pupil to be present at the hearing will constitute a waiver of the pupil's opportunity for a hearing.
(2) A short-term suspension may be imposed upon a pupil forthwith, and without affording the pupil a hearing if the presence of the pupil endangers other persons or property or substantially disrupts, impedes or interferes with the operation of the school.
(c) A written notice of any short-term suspension and the reason therefor shall be given to the pupil involved and to the pupil's parent or guardian within 24 hours after the suspension has been imposed and, in the event the pupil has not been afforded a hearing prior to any short-term suspension, an opportunity for an informal hearing shall be afforded the pupil as soon thereafter as practicable but in no event later than 72 hours after such short-term suspension has been imposed. Any notice of the imposition of a short-term suspension that provides an opportunity for an informal hearing after such suspension has been imposed shall state that failure of the pupil to attend the hearing will result in a waiver of the pupil's opportunity for the hearing.
(d) No suspension for an extended term and no expulsion shall be imposed upon a pupil until an opportunity for a formal hearing thereon is afforded the pupil. A written notice of any proposal to suspend for an extended term or to expel from school, and the charges upon which the proposal is based shall be given to the pupil proposed to be suspended or expelled from school, and to the pupil's parent or guardian. Any notice of a proposal to suspend for an extended term or to expel from school shall state the time, date and place that the pupil will be afforded an opportunity for a formal hearing, and that failure of the pupil and the pupil's parent or guardian to attend the hearing will result in a waiver of the pupil's opportunity for the hearing. The hearing shall be held not later than 10 days after the date of the notice. The notice shall be accompanied by a copy of this act and the regulations of the board of education adopted under K.S.A. 72-6116, and amendments thereto.
(e) Whenever any written notice is required under this act to be given to a pupil or to a pupil's parent or guardian, it shall be sufficient if the notice is mailed to the address on file in the school records of the pupil. In lieu of mailing the written notice, the notice may be personally delivered.
(f) A formal hearing on a suspension or expulsion may be conducted by any person or committee of persons authorized by the board of education to conduct the hearing.
History: L. 1970, ch. 300, § 2; L. 1971, ch. 247, § 1; L. 1973, ch. 304, § 1; L. 1977, ch. 260, § 1; L. 1982, ch. 303, § 1; L. 1994, ch. 307, § 2; L. 1995, ch. 142, § 1; L. 1999, ch. 116, § 38; L. 2000, ch. 138, § 7; July 1.
(a) The formal hearing provided for in K.S.A. 72-6115, and amendments thereto, shall be conducted in accordance with regulations relating thereto adopted by the board of education. Such regulations shall afford procedural due process including, but not limited to, the following:
(1) The right of the pupil to have counsel of the pupil's own choice present and to receive the advice of such counsel or other person whom the pupil may select;
(2) the right of the parents or guardians of the pupil to be present at the hearing;
(3) the right of the pupil and the pupil's counsel or advisor to hear or read a full report of testimony of witnesses against the pupil;
(4) the right of the pupil and the pupil's counsel to confront and cross-examine witnesses who appear in person at the hearing, either voluntarily or as a result of the issuance of a subpoena;
(5) the right of the pupil to present the pupil's own witnesses in person or their testimony by affidavit;
(6) the right of the pupil to testify in the pupil's own behalf and give reasons for the pupil's conduct;
(7) the right of the pupil to have an orderly hearing; and
(8) the right of the pupil to a fair and impartial decision based on substantial evidence.
(b) In all extended-term suspension and expulsion from school cases, there shall be made a record of the hearing of an appeal of the suspension or expulsion, whichever is applicable, by mechanical or electronic recording or by an official court reporter, and the costs thereof shall be paid by the school district.
(c) At the conclusion of a formal hearing which results in a suspension for an extended term or an expulsion, the person or committee conducting the hearing shall make a written report of the findings and results of the hearing. The report shall be directed to the board of education of the school district and shall be open to the inspection of the pupil who is suspended or expelled and, if the pupil is a juvenile, to the parents or guardians and counsel or other advisor of the pupil. If the pupil is an adult, the report shall be open to the inspection of the parents or guardians and counsel or other advisor of the pupil only upon written consent of the pupil. Whenever a formal hearing results in suspension for an extended term or expulsion, the person or committee conducting the hearing may make a finding that return to school by the pupil, pending appeal or during the period allowed for notice of appeal, is not reasonably anticipated to endanger the safety of others, to cause continuing repeated material disorder, disruption or interference with the operation of school, or to substantially or materially impinge upon or invade the rights of others, in which case the pupil may return to school until the period for filing a notice of appeal has expired with no notice filed, or until the determination of any appeal if a notice of appeal is filed. Whenever the person or committee conducting a hearing fails to make the findings specified above, the report of the hearing shall provide that the suspension or expulsion of the pupil shall continue until appeal therefrom is determined or until the period of suspension or expulsion has expired, whichever occurs sooner. Any such pupil shall be provided with information concerning services or programs offered by public and private agencies that work toward improving those aspects of the pupil's attitudes and behavior that contributed to the conduct upon which the suspension or expulsion was based. If the pupil is a juvenile, the information shall also be provided to the parents or guardians of the pupil.
History: L. 1970, ch. 300, § 3; L. 1971, ch. 247, § 2; L. 1976, ch. 145, § 232; L. 1977, ch. 260, § 2; L. 1994, ch. 307, § 3; May 12.
(a) Written notice of the result of any hearing imposing an extended-term suspension or an expulsion from school shall be given to the pupil suspended or expelled from school, and to the parents or guardians of the pupil within 24 hours after determination of such result.
(b) Any pupil, age 18 or older, who has been suspended for an extended term or expelled, or one of the pupil's parents or guardians of a pupil under age 18, may appeal such suspension or expulsion to the board of education of the school district by filing a written notice of appeal with the clerk of the board of education not later than 10 calendar days after receiving the written notice. Any such appeal shall be heard by the board of education, or by a hearing officer appointed by such board, not later than 20 calendar days after such notice of appeal is filed. The pupil and the pupil's parents or guardians shall be notified in writing of the time and place of the appeal hearing at least five days prior thereto. Such appeal shall be conducted under rules which are consonant with K.S.A. 72-6116, and amendments thereto. Except as provided by subsection (c), the decision on any such appeal shall be rendered not later than five days after the conclusion of the appeal hearing.
(c) For the purpose of hearing an appeal of an extended-term suspension or an expulsion, the board of education may appoint one or more hearing officers. Any such hearing officer shall be a member of the board of education, a certificated employee of the school district, or an attorney admitted to the practice of law in this state. Any such appointment shall apply to a particular hearing or to a set or class of hearings as specified by the board of education in making the appointment. Whenever a hearing officer appointed under authority of this section hears any appeal, the hearing officer shall prepare a written report thereon to the board of education. After receiving any such report, the board of education shall determine the matter with or without additional hearing. If a hearing officer is appointed to hear an appeal, the board shall render its decision not later than the next regularly-scheduled meeting of the board following the date of the conclusion of the hearing of the appeal by the hearing officer. Any matter determined by the board of education in accordance with this subsection shall be valid to the same extent as if the matter were fully heard by the board of education without a hearing officer.
History: L. 1970, ch. 300, § 4; L. 1971, ch. 247, § 3; L. 1994, ch. 307, § 4; L. 2000, ch. 138, § 8; L. 2006, ch. 167, § 1; July 1.
The provisions of K.S.A. 72-3120, and amendments thereto, shall not apply to any pupil while subject to suspension or expulsion from school pursuant to the provisions of this act.
History: L. 1970, ch. 300, § 5; L. 1994, ch. 307, § 6; May 12.
(a) Any person, hearing officer or any member of a committee or the board of education conducting a hearing under this act may:
(1) Administer oaths for the purpose of taking testimony;
(2) call and examine witnesses and receive documentary and other evidence; and
(3) take any other action necessary to make the hearing accord with procedural due process.
(b) Any hearing officer, any member of a committee or the board of education holding a formal hearing or an appeal hearing under this act may and, upon the request of any pupil for whom any such hearing is held or upon the request of the pupil's parents or guardians or counsel, shall petition the chief judge of the judicial district in which the school district is located requesting that the clerk of the district court be authorized to issue subpoenas for the attendance and testimony of the principal witness or witnesses and the production of books, records, reports, papers and documents relating to the proposed suspension or expulsion from school in the same manner as provided for the issuance of subpoenas in civil actions pursuant to K.S.A. 60-245, and amendments thereto.
History: L. 1971, ch. 247, § 4; L. 1977, ch. 260, § 3; L. 1994, ch. 307, § 7; L. 1999, ch. 57, § 66; July 1.
A pupil who has been suspended or expelled from school by any school district may be refused admission to school in any other school district, regardless of residency, until such time as the period of suspension or expulsion has expired.
History: L. 1994, ch. 307, § 5; May 12.
As used in this act:
(a) "Juvenile" means a person who is less than 18 years of age;
(b) "adult" means a person who is 18 years of age or older;
(c) "felony" means any crime designated a felony by the laws of Kansas or the United States;
(d) "misdemeanor" means any crime designated a misdemeanor by the laws of Kansas or the United States;
(e) "school day" means any day on which school is maintained;
(f) "school year" means the same as such term is defined in K.S.A. 72-5132, and amendments thereto;
(g) "counsel" means any person a pupil selects to represent and advise the pupil at all proceedings conducted pursuant to the provisions of this act; and
(h) "principal witness" means any witness whose testimony is of major importance in support of the charges upon which a proposed suspension or expulsion from school is based, or in determination of material questions of fact.
History: L. 1994, ch. 307, § 8; L. 2015, ch. 4, § 64; L. 2017, ch. 95, § 92; July 1.
As used in this act:
(a) "Board of education" means the board of education of a unified school district or the governing authority of an accredited nonpublic school.
(b) "School" means a public school or an accredited nonpublic school.
(c) "Public school" means a school operated by a unified school district organized under the laws of this state.
(d) "Accredited nonpublic school" means a nonpublic school participating in the quality performance accreditation system.
(e) "Chief administrative officer of a school" means, in the case of a public school, the superintendent of schools and, in the case of an accredited nonpublic school, the person designated as chief administrative officer by the governing authority of the school.
(f) "Federal law" means the individuals with disabilities education act, section 504 of the rehabilitation act, the gun-free schools act of 1994, and regulations adopted pursuant to such acts.
(g) "Secretary of education" means the secretary of the United States department of education.
(h) (1) "Weapon" means: (A) Any weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any weapon described in the preceding example; (C) any firearm muffler or firearm silencer; (D) any explosive, incendiary, or poison gas: (i) Bomb; (ii) grenade; (iii) rocket having a propellant charge of more than four ounces; (iv) missile having an explosive or incendiary charge of more than 1/4 ounce; (v) mine; or (vi) similar device; (E) any weapon which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than 1/2 inch in diameter; (F) any combination of parts either designed or intended for use in converting any device into any destructive device described in the two immediately preceding examples, and from which a destructive device may be readily assembled; (G) any bludgeon, sandclub, metal knuckles or throwing star; (H) any knife, commonly referred to as a switch-blade, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or any knife having a blade that opens or falls or is ejected into position by the force of gravity or by an outward, downward or centrifugal thrust or movement; or (I) any electronic device designed to discharge immobilizing levels of electricity, commonly known as a stun gun.
(2) The term "weapon" does not include within its meaning: (A) An antique firearm; (B) an air gun; (C) any device which is neither designed nor redesigned for use as a weapon; (D) any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety or similar device; (E) surplus ordinance sold, loaned or given by the secretary of the army pursuant to the provisions of section 4684(2), 4685 or 4686 of title 10 of the United States Code; or (F) class C common fireworks.
(i) "Air gun" means any device which will or is designed to or may be readily converted to, expel a projectile by the release of compressed air or gas, and which is of 0.18 caliber or less and has a muzzle velocity that does not exceed 700 feet per second.
(j) "Organization" means any profit or nonprofit association, whether school-sponsored or community-based, whose primary purpose is to provide youth development by engaging individuals under the age of 18 in activities designed to promote and encourage self-confidence, teamwork and a sense of community.
History: L. 1995, ch. 27, § 1; L. 1996, ch. 141, § 1; L. 1999, ch. 124, § 3; L. 2001, ch. 119, § 3; L. 2016, ch. 86, § 2; July 1.
(a) Notwithstanding the provisions of subsection (a) of K.S.A. 72-6115, and amendments thereto, and subject to the other provisions of this section, each board of education in this state shall adopt a written policy requiring the expulsion from school for a period of not less than one year any pupil determined to be in possession of a weapon at school, on school property, or at a school supervised activity. The policy shall be filed with the state board of education in such manner as the state board shall require and at a time to be determined and specified by the state board.
(b) To the extent that the provisions contained in article 61 of chapter 72 of [the] Kansas Statutes Annotated, and amendments thereto, do not conflict with the requirements of this act, such provisions shall apply to and be incorporated in the policy required to be adopted under subsection (a).
(c) If a pupil required to be expelled pursuant to a policy adopted under subsection (a) is confined in the custody of the secretary for children and families, the commissioner of juvenile justice or the secretary of corrections as a result of the violation upon which the expulsion is to be based, the hearing required under the provisions of article 61 of chapter 72 of Kansas Statutes Annotated, and amendments thereto, shall be delayed until the pupil is released from custody.
(d) A hearing afforded a pupil required to be expelled pursuant to a policy adopted under subsection (a) shall be conducted by the chief administrative officer or other certificated employee of the school in which the pupil is enrolled, by any committee of certificated employees of the school in which the pupil is enrolled, or by a hearing officer appointed by the board of education of the school in which the pupil is enrolled.
(e) The chief administrative officer of the school in which a pupil required to be expelled pursuant to a policy adopted under subsection (a) is enrolled may modify the expulsion requirement in a manner which is consistent with the requirements of federal law. Nothing in this subsection shall be applied or construed in any manner so as to require the chief administrative officer of a school to modify the expulsion requirement of a policy adopted by a board of education pursuant to the provisions of subsection (a).
(f) The policy adopted by a board of education under subsection (a) shall contain a procedure for the referral of any pupil determined to be in possession of a weapon at school, on school property, or at a school supervised activity to the appropriate state and local law enforcement agencies and, if the pupil is a juvenile, to the secretary for children and families or the commissioner of juvenile justice.
(g) Each board of education shall prepare an annual report on a form prescribed and furnished by the state board of education that contains a description of the circumstances surrounding any expulsions imposed on pupils pursuant to a policy adopted under subsection (a), including the name of the school or schools concerned, the number of pupils expelled, and the type of weapons concerned. The report shall be submitted to the state board of education in such manner as the state board shall require and at a time to be determined and specified by the state board.
(h) The provisions of this section do not apply to the possession by pupils of weapons at school, on school property, or at a school supervised activity if the possession of weapons by pupils is connected with a weapons safety course of instruction or a weapons education course approved and authorized by the school or if the possession of weapons by pupils is specifically authorized in writing by the chief administrative officer of the school.
History: L. 1995, ch. 27, § 2; L. 1996, ch. 141, § 2; L. 1997, ch. 156, § 85; L. 2014, ch. 115, § 296; July 1.
(a) The state board of education shall compile the reports required of boards of education under subsection (f) of K.S.A. 72-6132, and amendments thereto, and shall submit the compilation to the secretary of education on an annual basis as specified by the secretary.
(b) The state board of education shall provide boards of education with assistance in the preparation of policies required to be adopted under subsection (a) of K.S.A. 72-6132, and amendments thereto. If any board of education fails to adopt and file a policy required to be adopted under subsection (a) of K.S.A. 72-6132, and amendments thereto, the state board of education shall withhold funds made available under the elementary and secondary education act of 1965, as amended, and shall exclude pupils enrolled in any accredited nonpublic school under the jurisdiction of any such board of education from participation in any federal program provided for under such act.
History: L. 1995, ch. 27, § 3; July 1.
(a) No school district shall adopt a policy that prohibits an organization from conducting activities on school property solely because such activities include the possession and use of air guns by the participants. Any policy adopted pursuant to K.S.A. 72-6132, and amendments thereto, shall not prohibit the possession of an air gun by a pupil on school property if such pupil is a participant in the activities of an organization.
(b) A policy adopted pursuant to K.S.A.
72-6132, and amendments thereto, may prohibit the possession of air guns by pupils at school, on school property or at a school supervised activity, except when a pupil is participating in activities conducted by an organization, or is in transit to or from such activities.
(c) Any individual desiring to participate in activities conducted by an organization may be required to sign, or have a parent or legal guardian sign, a liability waiver. The liability waiver shall be in such form as prescribed by the chief administrative officer of the school and shall contain the appropriate language so as to relieve the school district, the school and all school personnel from liability for any claims arising out of the acts or omissions of any individual or any school personnel relating to activities conducted by an organization.
(d) The provisions of this section shall be a part of and supplemental to K.S.A.
72-6131 et seq., and amendments thereto.
History: L. 2016, ch. 86, § 1; July 1.
As used in K.S.A. 72-6135 and 72-6136, and amendments thereto:
(a) "Board of education" means the board of education of a unified school district or the governing authority of an accredited nonpublic school.
(b) "School" means a public school or an accredited nonpublic school.
(c) "Public school" means a school operated by a unified school district organized under the laws of this state.
(d) "Accredited nonpublic school" means a nonpublic school participating in the quality performance accreditation system.
(e) "Chief administrative officer of a school" means, in the case of a public school, the superintendent of schools or a designee of the superintendent and, in the case of an accredited nonpublic school, the person designated as chief administrative officer by the governing authority of the school.
(f) "Weapon" means (1) any weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (2) the frame or receiver of any weapon described in the preceding example; (3) any firearm muffler or firearm silencer; (4) any explosive, incendiary, or poison gas (A) bomb, (B) grenade, (C) rocket having a propellant charge of more than four ounces, (D) missile having an explosive or incendiary charge of more than ¼ ounce, (E) mine, or (F) similar device; (5) any weapon which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than ½ inch in diameter; (6) any combination of parts either designed or intended for use in converting any device into any destructive device described in the two immediately preceding examples, and from which a destructive device may be readily assembled; (7) any bludgeon, sandclub, metal knuckles or throwing star; (8) any knife, commonly referred to as a switch-blade, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or any knife having a blade that opens or falls or is ejected into position by the force of gravity or by an outward, downward or centrifugal thrust or movement; (9) any electronic device designed to discharge immobilizing levels of electricity, commonly known as a stun gun. The term "weapon" does not include within its meaning (1) an antique firearm; (2) any device which is neither designed nor redesigned for use as a weapon; (3) any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; (4) surplus ordinance sold, loaned, or given by the secretary of the army pursuant to the provisions of section 4684(2), 4685, or 4686 of title 10 of the United States Code; (5) class C common fireworks.
(g) "Controlled substance" has the meaning ascribed thereto in K.S.A. 21-5701, and amendments thereto.
(h) "Illegal drug" means a controlled substance but does not include a controlled substance that is legally possessed, used under the supervision of a licensed health-care professional or used under authority of any federal or state law.
(i) "Possession of a weapon or illegal drug" means knowingly having direct physical control over a weapon or illegal drug or knowingly having the power and the intention at a given time to exercise dominion or control over a weapon or illegal drug.
(j) "Law enforcement agency" means the police department of a city if the school safety violation occurs within the corporate limits of a city or the office of the county sheriff if the school safety violation occurs outside the corporate limits of a city.
(k) "Division" means the division of motor vehicles of the Kansas department of revenue.
History: L. 1999, ch. 124, § 1; L. 2001, ch. 119, § 1; L. 2007, ch. 149, § 1; L. 2008, ch. 125, § 1; L. 2009, ch. 32, § 59; July 1.
(a) Whenever a pupil who has attained the age of 13 years has been found in possession of a weapon or illegal drug at school, upon school property or at a school-supervised activity or has engaged in an act or behavior, committed at school, upon school property, or at a school-supervised activity which resulted in, or was substantially likely to have resulted in, serious bodily injury to others, the chief administrative officer of the school shall make a report of the pupil's act to the appropriate law enforcement agency, provided that the report would not violate the terms of the memorandum of understanding approved by the superintendent of the school district pursuant to K.S.A. 72-6143(i), and amendments thereto. The report shall be given as soon as practicable, but not to exceed 10 days from the date of the pupil's act, excluding holidays and weekends, to the appropriate law enforcement agency. Upon receipt of the report, the law enforcement agency shall investigate the matter and give written notice to the division of the act committed by the pupil. The notice shall be given to the division of vehicles by the law enforcement agency as soon as practicable but not to exceed 10 days, excluding holidays and weekends, after receipt of the report and shall include the pupil's name, address, date of birth, driver's license number, if available, and a description of the act committed by the pupil. A copy of the notice also shall be given to the pupil and to the parent or guardian of the pupil.
(b) If timely notice is not given to the appropriate law enforcement agency or to the division as specified in subsection (a), the division of vehicles shall not suspend the pupil's driver's license or privilege to operate a motor vehicle on the streets and highways of this state.
(c) If timely notice is given to the appropriate law enforcement agency and the division as specified in subsection (a), the division of vehicles immediately shall suspend the pupil's driver's license or privilege to operate a motor vehicle on the streets and highways of this state. The duration of the suspension shall be for a period of one year. Upon expiration of the period of suspension, the pupil may apply to the division for return of the license. If the license has expired, the pupil may apply for a new license, which shall be issued promptly upon payment of the proper fee and satisfaction of other conditions established by law for obtaining a license unless another suspension or revocation of the pupil's privilege to operate a motor vehicle is in effect. If the pupil does not have a driver's license, the pupil's driving privileges shall be revoked. If timely notice is given to the appropriate law enforcement agency and the division as required by subsection (a), no Kansas driver's license shall be issued to a pupil whose driving privileges have been revoked pursuant to this subsection for a period of one year:
(1) Immediately following the date of receipt by the division of notification from a law enforcement agency containing the description of the pupil's act, if the pupil is eligible to apply for a driver's license; or
(2) after the date the pupil will be eligible to apply for a driver's license, if the pupil is not eligible to apply for a driver's license on the date of receipt of the notification.
(d) If the pupil's driver's license or driving privilege has been revoked, suspended or canceled for another cause, the suspension or revocation required by this section shall apply consecutively to the previous revocation, suspension or cancellation.
(e) Upon suspension or revocation of a pupil's driver's license or driving privilege to operate a motor vehicle as provided in this section, the division of vehicles shall immediately notify the pupil in writing. If the pupil makes a written request for hearing within 30 days after such notice of suspension or revocation, the division of vehicles shall afford the pupil an opportunity for a hearing as provided by K.S.A. 8-255, and amendments thereto. The scope of the hearing shall be limited to determination of whether or not: (1) Notice was given to the appropriate law enforcement agency and the division within the time specified in subsection (a); or (2) there are reasonable grounds to believe the pupil was in possession of a weapon or illegal drug at school, upon school property, or at a school-supervised activity or was engaged in behavior at school, upon school property, or at a school-supervised activity, which resulted in, or was substantially likely to have resulted in, serious bodily injury to others.
(f) For the purposes of this section, the term driver's license includes, in addition to any commercial driver's license and any class A, B, C or M driver's license, any restricted license issued under K.S.A. 8-237, and amendments thereto, any instruction permit issued under K.S.A. 8-239, and amendments thereto, and any farm permit issued under K.S.A. 8-296, and amendments thereto.
History: L. 1999, ch. 124, § 2; L. 2001, ch. 119, § 2; L. 2007, ch. 149, § 2; L. 2008, ch. 125, § 2; L. 2016, ch. 46, § 59; July 1, 2017.
This act shall be known and may be cited as the Kansas school safety and security act.
History: L. 1995, ch. 123, § 1; July 1.
As used in this act:
(a) "Board of education" means the board of education of a unified school district or the governing authority of an accredited nonpublic school.
(b) "School" means a public school or an accredited nonpublic school.
(c) "Public school" means a school operated by a unified school district organized under the laws of this state.
(d) "Accredited nonpublic school" means a nonpublic school participating in the quality performance accreditation system.
(e) "School employee" means any administrative, professional or paraprofessional employee of a school.
(f) "Superintendent of schools" means the superintendent of schools appointed by the board of education of a unified school district or the chief administrative officer of an accredited nonpublic school appointed by the board of education of the school.
History: L. 1995, ch. 123, § 2; L. 1996, ch. 87, § 1; L. 1998, ch. 171, § 3; L. 1999, ch. 116, § 46; July 1.
(a) If a school employee has information that a pupil is a pupil to whom the provisions of this subsection apply, the school employee shall report such information and identify the pupil to the superintendent of schools. The superintendent of schools shall investigate the matter and, upon determining that the identified pupil is a pupil to whom the provisions of this subsection apply, shall provide the reported information and identify the pupil to all school employees who are directly involved or likely to be directly involved in teaching or providing other school related services to the pupil. The provisions of this subsection apply to:
(1) Any pupil who has been expelled for the reason provided by K.S.A. 72-6114(c), and amendments thereto, for conduct which endangers the safety of others;
(2) any pupil who has been expelled for the reason provided by K.S.A. 72-6114(d), and amendments thereto;
(3) any pupil who has been expelled under a policy adopted pursuant to K.S.A. 72-6132, and amendments thereto;
(4) any pupil who has been adjudged to be a juvenile offender and whose offense, if committed by an adult, would constitute a felony under the laws of Kansas or the state where the offense was committed, except any pupil adjudicated as a juvenile offender for a felony theft offense involving no direct threat to human life; and
(5) any pupil who has been tried and convicted as an adult of any felony, except any pupil convicted of a felony theft crime involving no direct threat to human life.
A school employee and the superintendent of schools shall not be required to report information concerning a pupil specified in this subsection if the expulsion, adjudication as a juvenile offender or conviction of a felony occurred more than 365 days prior to the school employee's report to the superintendent of schools.
(b) Each board of education shall adopt a policy that includes:
(1) A requirement that an immediate report be made to the appropriate state or local law enforcement agency by or on behalf of any school employee who knows or has reason to believe that an act has been committed at school, on school property, or at a school supervised activity and that the act involved conduct which constitutes the commission of a felony or misdemeanor or which involves the possession, use or disposal of explosives, firearms or other weapons, provided that the report would not violate the terms of the memorandum of understanding approved by the school employee's school district pursuant to subsection (i); and
(2) the procedures for making such a report.
(c) School employees shall not be subject to the provisions of K.S.A. 72-6144(b), and amendments thereto, if:
(1) They follow the procedures from a policy adopted pursuant to the provisions of subsection (b); or
(2) their board of education fails to adopt such policy.
(d) Each board of education shall annually compile and report to the state board of education at least the following information relating to school safety and security: The types and frequency of criminal acts that are required to be reported pursuant to the provisions of subsection (b), arrests and referrals to law enforcement or juvenile intake and assessment services made in connection to the criminal act, disaggregated by occurrences at school, on school property and at school supervised activities. The data must include an analysis according to race, gender and any other relevant demographic information. The report shall be incorporated into and become part of the current report required under the quality performance accreditation system.
(e) Each board of education shall make available to pupils and their parents, to school employees and, upon request, to others, district policies and reports concerning school safety and security, except that the provisions of this subsection shall not apply to reports made by a superintendent of schools and school employees pursuant to subsection (a).
(f) Nothing in this section shall be construed or operate in any manner so as to prevent any school employee from reporting criminal acts to school officials and to appropriate state and local law enforcement agencies.
(g) The state board of education shall extract the information relating to school safety and security from the quality performance accreditation report and transmit the information to the governor, the legislature, the attorney general, the secretary of health and environment, the secretary for children and families and the commissioner of juvenile justice.
(h) No board of education, member of any such board, superintendent of schools or school employee shall be liable for damages in a civil action resulting from a person's good faith acts or omissions in complying with the requirements or provisions of the Kansas school safety and security act.
(i) The state board of education shall require that the superintendent of schools in each school district or the superintendent's designee develop, approve and submit to the state board of education a memorandum of understanding developed in collaboration with relevant stakeholders, including law enforcement agencies, the courts and the district and county attorneys, establishing clear guidelines for how and when school-based behaviors are referred to law enforcement or the juvenile justice system with the goal of reducing such referrals and protecting public safety. The state board of education shall provide a report annually to the department of corrections and to the office of judicial administration compiling school district compliance and summarizing the content of each memorandum of understanding.
History: L. 1995, ch. 123, § 3; L. 1996, ch. 87, § 2; L. 1998, ch. 171, § 4; L. 1999, ch. 116, § 47; L. 2014, ch. 115, § 297; L. 2016, ch. 46, § 58; July 1, 2017.
(a) Willful and knowing failure of a school employee to make a report required by subsection (b)(1) of K.S.A. 72-6143, and amendments thereto, is a class B nonperson misdemeanor. Preventing or interfering with, with the intent to prevent, the making of a report required by subsection (b)(1) of K.S.A. 72-6143, and amendments thereto, is a class B nonperson misdemeanor.
(b) Willful and knowing failure of any employee designated by a board of education to transmit reports made by school employees to the appropriate state or local law enforcement agency as required by subsection (b)(1) of K.S.A. 72-6143, and amendments thereto, is a class B nonperson misdemeanor. Preventing or interfering with, with the intent to prevent, the transmission of reports required by subsection (b)(1) of K.S.A. 72-6143, and amendments thereto, is a class B nonperson misdemeanor.
(c) No board of education shall terminate the employment of, or prevent or impair the profession of, or impose any other sanction on any school employee because the employee made an oral or written report to, or cooperated with an investigation by, a law enforcement agency relating to any criminal act that the employee knows has been committed or reasonably believes will be committed at school, on school property, or at a school supervised activity.
(d) Any board of education, and any member or employee thereof, participating without malice in the making of an oral or written report to a law enforcement agency relating to any criminal act that is known to have been committed or reasonably is believed will be committed at school, on school property, or at a school supervised activity shall have immunity from any civil liability that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceedings resulting from the report.
History: L. 1995, ch. 123, § 4; L. 1999, ch. 116, § 48; July 1.
If any provision of the Kansas school safety and security act as in effect on the effective date of this act, or as amended by this act, or the application of any such provision to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and, to this end, the provisions of the Kansas school safety and security act as amended by this act are severable.
History: L. 1998, ch. 171, § 5; July 1.
(a) The board of education of any school district or the board of trustees of any community college may employ school security officers, and may designate any one or more of such school security officers as a campus police officer, to aid and supplement law enforcement agencies of the state and of the city and county in which the school district or community college is located.
(b) The protective function of school security officers shall extend to all property of the school district or community college and the protection of students, teachers and other employees together with the property of such persons on or in any school or community college property or areas adjacent thereto, or while attending or located at the site of any school or community college-sponsored function. While engaged in the protective functions specified in this section, each school security officer shall possess and exercise all general law enforcement powers, rights, privileges, protections and immunities in every county in which there is located any part of the territory of the school district or community college.
(c) The protective function of campus police officers shall extend to all property of the school district or community college and the protection of students, teachers and other employees together with the property of such persons on or in any school or community college property or areas adjacent thereto, or while attending or located at the site of any school or community college-sponsored function. While engaged in the protective functions specified in this section, each campus police officer shall possess and exercise all general law enforcement powers, rights, privileges, protections and immunities in every county in which there is located any part of the territory of the school district or community college, provided that such officer does not violate the memorandum of understanding approved by the superintendent of the school district pursuant to K.S.A. 72-6143(i), and amendments thereto.
(d) In addition to enforcement of state law, county resolutions and city ordinances, campus police officers shall enforce rules and regulations and rules and policies of the board of trustees or school board, whether or not violation thereof constitutes a criminal offense. While on duty, campus police officers shall wear and display publicly a badge of office. No such badge shall be required to be worn by any plain clothes investigator or departmental administrator, but any such officer shall present proper credentials and identification when required in the performance of such officer's duties. In performance of any of the powers, duties and functions authorized by this section, K.S.A. 22-2401a, and amendments thereto, or any other law, campus police officers shall have the same rights, protections and immunities afforded other law enforcement officers.
(e) The board of education of each school district shall adopt a policy providing for notification of a student's parents or guardians whenever the student is taken into custody by a campus police officer.
History: L. 1969, ch. 363, § 1; L. 1976, ch. 321, § 1; L. 1987, ch. 277, § 1; L. 2004, ch. 48, § 7; L. 2016, ch. 46, § 57; L. 2022, ch. 92, § 8; July 1.
(a) As used in this section:
(1) "Bullying" means: (A) Any intentional gesture or any intentional written, verbal, electronic or physical act or threat either by any student, staff member or parent towards a student or by any student, staff member or parent towards a staff member that is sufficiently severe, persistent or pervasive that such gesture, act or threat creates an intimidating, threatening or abusive educational environment that a reasonable person, under the circumstances, knows or should know will have the effect of:
(i) Harming a student or staff member, whether physically or mentally;
(ii) damaging a student's or staff member's property;
(iii) placing a student or staff member in reasonable fear of harm to the student or staff member; or
(iv) placing a student or staff member in reasonable fear of damage to the student's or staff member's property;
(B) cyberbullying; or
(C) any other form of intimidation or harassment prohibited by the board of education of the school district in policies concerning bullying adopted pursuant to this section or subsection (e) of K.S.A. 72-1138, and amendments thereto.
(2) "Cyberbullying" means bullying by use of any electronic communication device through means including, but not limited to, e-mail, instant messaging, text messages, blogs, mobile phones, pagers, online games and websites.
(3) "Parent" includes a guardian, custodian or other person with authority to act on behalf of the child.
(4) "School district" or "district" means any unified school district organized and operating under the laws of this state.
(5) "School vehicle" means any school bus, school van, other school vehicle and private vehicle used to transport students or staff members to and from school or any school-sponsored activity or event.
(6) "Staff member" means any person employed by a school district.
(b) The board of education of each school district shall adopt a policy to prohibit bullying either by any student, staff member or parent towards a student or by a student, staff member or parent towards a staff member on or while utilizing school property, in a school vehicle or at a school-sponsored activity or event.
(c) The board of education of each school district shall adopt and implement a plan to address bullying either by any student, staff member or parent towards a student or by a student, staff member or parent towards a staff member on school property, in a school vehicle or at a school-sponsored activity or event. Such plan shall include provisions for the training and education for staff members and students.
(d) The board of education of each school district may adopt additional policies relating to bullying pursuant to subsection (e) of K.S.A. 72-1138, and amendments thereto.
(e) Nothing in this section shall be construed to limit or supersede or in any manner affect or diminish the requirements of compliance by a staff member with the provisions of K.S.A. 38-2223 or 38-2226, and amendments thereto.
History: L. 2007, ch. 185, § 4; L. 2008, ch. 77, § 1; L. 2013, ch. 121, § 15; July 1.
History: L. 2015, ch. 72, § 1; Expired, June 30, 2020.
History: L. 2015, ch. 72, § 2; L. 2016, ch. 77, § 1; Expired, June 30, 2020.
History: L. 2015, ch. 72, § 3; L. 2016, ch. 77, § 2; Expired, June 30, 2020.
History: L. 2015, ch. 72, § 4; L. 2016, ch. 77, § 3; Expired, June 30, 2020.
History: L. 2015, ch. 72, § 5; L. 2016, ch. 77, § 4; Expired, June 30, 2020.
History: L. 2015, ch. 72, § 6; Expired, June 30, 2020.
History: L. 2015, ch. 72, § 7; Expired, June 30, 2020.
History: L. 2015, ch. 72, § 8; L. 2016, ch. 77, § 5; Expired, June 30, 2020.
Revisor's Note: Section transferred to 72-5537.
Revisor's Note: Section transferred to 72-5538.
Revisor's Note: Section transferred to 72-5539.
History: L. 1965, ch. 450, § 1; L. 1969, ch. 331, § 2; Repealed, L. 1975, ch. 374, § 19; July 1.
History: L. 1969, ch. 331, § 1; Repealed, L. 1975, ch. 374, § 19; July 1.
History: L. 1965, ch. 450, §§ 2, 3; Repealed, L. 1975, ch. 374, § 19; July 1.
History: L. 1965, ch. 450, § 4; L. 1972, ch. 262, § 1; Repealed, L. 1975, ch. 374, § 19; July 1.
History: L. 1965, ch. 450, § 5; L. 1974, ch. 348, § 40; Repealed, L. 1975, ch. 374, § 19; July 1.
History: L. 1965, ch. 450, § 6; Repealed, L. 1975, ch. 374, § 19; July 1.
History: L. 1965, ch. 450, § 7; L. 1969, ch. 331, § 3; L. 1974, ch. 304, § 7; Repealed, L. 1975, ch. 374, § 19; July 1.
History: L. 1965, ch. 450, § 8; Repealed, L. 1975, ch. 374, § 19; July 1.
History: L. 1972, ch. 262, § 3; Repealed, L. 1975, ch. 374, § 19; July 1.
Revisor's Note: Section transferred to 74-32,304.
Revisor's Note: Section transferred to 72-6311.
Revisor's Note: Section transferred to 72-6312.
Revisor's Note: Section transferred to 72-6313.
Revisor's Note: Section transferred to 72-6314.
Revisor's Note: Section transferred to 72-6315.
Revisor's Note: Section transferred to 72-6316.
Revisor's Note: Section transferred to 72-6317.
Revisor's Note: Section transferred to 72-6318.
Revisor's Note: Section transferred to 72-6319.
Revisor's Note: Section transferred to 72-6320.
Revisor's Note: Section transferred to 72-6331.
Revisor's Note: Section transferred to 72-6332.
Revisor's Note: Section transferred to 72-6333.
Revisor's Note: Section transferred to 72-6334.
As used in this act and the act of which this section is amendatory: (a) " Board of education" means the board of education of any school district or the governing authority of any accredited nonpublic school.
(b) "Accredited nonpublic school" means all nonpublic elementary and secondary schools accredited by the state board of education.
(c) "School district" means any school district organized under the laws of this state.
(d) "Basic hearing screening" means a hearing testing program conducted with a calibrated audiometer.
History: L. 1969, ch. 361, § 1; L. 1981, ch. 279, § 1; July 1.
(a) Every pupil enrolled in a school district or an accredited nonpublic school shall be provided basic hearing screening without charge during the first year of admission and not less than once every three years thereafter.
(b) Every pupil enrolled in a school district shall be provided basic hearing screening by the board of education of the school district in which the pupil resides and is enrolled.
(c) Every pupil in an accredited nonpublic school shall be provided basic hearing screening either (1) by the board of education of the accredited nonpublic school in which the pupil is enrolled, or (2) upon request therefor by the pupil's parent or guardian, by the board of education of the school district in which the pupil resides. No board of education of a school district shall be required to provide basic hearing screening outside the school district. If the accredited nonpublic school in which the pupil is enrolled is located within the school district, basic hearing screening shall be provided in the nonpublic school. If the accredited nonpublic school in which the pupil is enrolled is located outside the school district, basic hearing screening shall be provided in a school of the school district.
(d) All tests shall be performed by a person competent in the use of a calibrated audiometer and who has been designated by the board of education which provides the basic hearing screening. The results of the test and, if necessary, the desirability of examinations by a qualified physician shall be reported to the parents or guardians of such pupils.
History: L. 1969, ch. 361, § 2; L. 1981, ch. 279, § 2; July 1.
The board of education providing basic hearing screening in accordance with the provisions of this act shall furnish such forms, records and other materials approved or prescribed by the state board of education as may be necessary to carry out the provisions of this act and the act of which this section is amendatory.
History: L. 1969, ch. 361, § 3; L. 1981, ch. 279, § 3; July 1.
The requirements of this act and the act of which this section is amendatory shall not apply to a pupil who is in the first year of admission to school and who has had a basic hearing screening examination within six months prior to July 1, 1981.
History: L. 1969, ch. 361, § 4; L. 1981, ch. 279, § 4; July 1.
As used in this act*:
(a) "Accredited nonpublic school" means all nonpublic elementary and secondary schools accredited by the state board of education;
(b) "basic vision screening" means an age-appropriate eye testing program for each child that is implemented according to the most recent edition of the Kansas vision screening requirements and guidelines and includes referrals for eye examinations and necessary follow-ups;
(c) "board of education" means the board of education of any school district;
(d) "IDEA part B" means all statewide programs providing special education and related services to children with disabilities aged 3 through 5 in accordance with 20 U.S.C. § 1411, and amendments thereto;
(e) "school district" means any school district organized under the laws of this state; and
(f) "vision screener" means any school nurse, or the nurse's designee, or other person who is trained to administer a vision screening test to students in the state of Kansas.
History: L. 1959, ch. 310, § 1; L. 2022, ch. 50, § 6; July 1.
(a) Basic vision screening shall be provided without charge in accordance with the following:
(1) Annually, for every child participating in IDEA part B programs;
(2) at least once each school year for students enrolled in kindergarten and each of the grades one through three, five, seven and 10 in a school district or an accredited nonpublic school; and
(3) within the first year of admission for any student who enrolls in a school district or an accredited nonpublic school.
(b) (1) Every student enrolled in a school district shall be provided basic vision screening by the board of education of the school district in which the student is enrolled.
(2) Every student enrolled in an accredited nonpublic school shall be provided basic vision screening by either:
(A) The accredited nonpublic school in which the student is enrolled; or
(B) upon request by the student's parent or guardian, by the board of education of the school district in which the student resides.
(c) Basic vision screenings shall be performed by a vision screener designated by the board of education or by an accredited nonpublic school. Vision screeners shall be required to follow the most recent state vision screening guidelines for performing vision screening. The results of the screening and, if necessary, the referral for an examination by an ophthalmologist or optometrist shall be reported to the parents or guardians of the student. The referral for an examination by an ophthalmologist or optometrist shall not show preference in favor of any such ophthalmologist or optometrist.
(d) Each student needing assistance in achieving mastery of basic reading, writing and mathematics skills shall be encouraged to obtain an eye examination by an optometrist or ophthalmologist to determine if the student suffers from conditions that impair the ability to read. Expense for such examination, if not reimbursed through medicaid, private insurance or any other governmental or private program, shall be the responsibility of the student's parent or guardian.
(e) A Kansas children's vision health and school readiness commission shall be established to ensure the implementation of this section. Members of the commission shall be appointed by the state board of education. The commission shall be comprised of:
(1) One optometrist;
(2) one ophthalmologist;
(3) one representative of a health organization dedicated to preventing blindness;
(4) one representative of the department of education;
(5) one representative of the department of health and environment;
(6) one school nurse;
(7) one public health nurse; and
(8) one school administrator.
(f) Members of the commission shall not be reimbursed for meeting expenses.
(g) The duties of the commission are as follows:
(1) Overseeing revision of state vision screening requirements and guidelines no fewer than once every seven years;
(2) providing standardized vision screening referral letters and eye professional examination reports as referenced in the Kansas vision screening requirements and guidelines;
(3) identifying state resources that assist in providing opportunities to offer free or low-cost eye exams for students who fail vision screenings and are unable to afford an examination on their own; and
(4) establishing a system to collect data from school health personnel concerning the results of the original screenings and referral outcomes, as well as issuing an annual report to the secretary of health and environment and the commissioner of education.
History: L. 1959, ch. 310, § 2; L. 2001, ch. 215, § 15; L. 2022, ch. 50, § 7; July 1.
The boards of education of cities of the first and second class and school boards of school districts are hereby required to provide for free dental inspection annually for all children, except those who hold a certificate from a legally qualified dentist showing that this examination has been made within three months last past, attending such schools.
History: L. 1915, ch. 308, § 1; L. 1919, ch. 263, § 1; June 17; R.S. 1923, 17-5201.
Said boards of education and district boards of each school shall provide a place of inspection and designate some competent, licensed dentist or dentists to make such inspection, and such boards of education and district boards may fix a compensation for such services, which sum may be paid out of the school fund of each school for the services rendered therein, and said boards of education for their respective cities and the county superintendent of public instruction for school districts are hereby authorized to make all necessary rules and regulations for the proper conduct of such inspection and carrying into effect all of the provisions of the preceding section, and furnish all necessary forms and blanks for the reports of such inspection.
History: L. 1915, ch. 308, § 2; L. 1919, ch. 263, § 2; June 17; R.S. 1923, 72-5202.
Certificate of the result of such inspection, together with suggestions of requirements for the curing of any defects found shall be made by the party making such inspection, in duplicate, one copy of same to be furnished to the child examined, the other to be filed with the clerk of the school board to which said child belongs: Provided, however, That no work other than the inspection and report shall be performed by examining dentist without the consent of the parents or guardian of the child.
History: L. 1915, ch. 308, § 3; L. 1919, ch. 263, § 3; June 17; R.S. 1923, 72-5203.
As used in this act:
(a) "School board" means the board of education of a school district and the governing authority of any nonpublic school;
(b) "school" means all elementary, junior high, or high schools within the state;
(c) "local health department" means any county or joint board of health established under the laws of Kansas and having jurisdiction over the place where any pupil affected by this act may reside;
(d) "secretary" means the secretary of the state department of health and environment;
(e) "physician" means a person licensed to practice medicine and surgery.
History: L. 1961, ch. 354, § 1; L. 1978, ch. 291, § 1; July 1.
(a) In each school year, every pupil enrolling or enrolled in any school for the first time in this state, and each child enrolling or enrolled for the first time in a preschool or day care program operated by a school, and such other pupils as may be designated by the secretary, prior to admission to and attendance at school, shall present to the appropriate school board certification from a physician or local health department that the pupil has received such tests and inoculations as are deemed necessary by the secretary by such means as are approved by the secretary. Pupils who have not completed the required inoculations may enroll or remain enrolled while completing the required inoculations if a physician or local health department certifies that the pupil has received the most recent appropriate inoculations in all required series. Failure to timely complete all required series shall be deemed non-compliance.
(b) As an alternative to the certification required under subsection (a), a pupil shall present:
(1) An annual written statement signed by a licensed physician stating the physical condition of the child to be such that the tests or inoculations would seriously endanger the life or health of the child, or
(2) a written statement signed by one parent or guardian that the child is an adherent of a religious denomination whose religious teachings are opposed to such tests or inoculations.
(c) On or before May 15 of each school year, the school board of every school affected by this act shall notify the parents or guardians of all known pupils who are enrolled or who will be enrolling in the school of the provisions this act and any policy regarding the implementation of the provisions of this act adopted by the school board.
(d) If a pupil transfers from one school to another, the school from which the pupil transfers shall forward with the pupil's transcript the certification or statement showing evidence of compliance with the requirements of this act to the school to which the pupil transfers.
History: L. 1961, ch. 354, § 2; L. 1965, ch. 412, § 1; L. 1970, ch. 283, § 1; L. 1975, ch. 462, § 107; L. 1978, ch. 291, § 2; L. 1981, ch. 285, § 1; L. 1993, ch. 89, § 1; L. 1994, ch. 206, § 1; July 1.
A county, city-county or multicounty health department shall provide without delay and to the extent that funds designated by such health department for the purchase of vaccines are available the tests and inoculations required by this act to such pupils as are not provided therewith by their parents or guardians and who have not been exempted on religious or medical grounds. Such tests and inoculations may be provided on a sliding fee scale for administrative charges with the exception that no child may be denied inoculations for inability to pay an administrative fee. The local health officer shall counsel and advise school boards concerning the administration of this act.
History: L. 1961, ch. 354, § 3; L. 1965, ch. 412, § 2; L. 1978, ch. 291, § 3; L. 1980, ch. 182, § 30; L. 1994, ch. 206, § 2; L. 2002, ch. 12, § 1; July 1.
The secretary shall prescribe the content of forms and certificates to be used by school boards in carrying out this act and shall provide, without cost to the school boards, sufficient copies of this act for distribution to pupils. Schools shall utilize the reporting form adopted by the secretary for documentation of all immunizations. Audit information shall be obtained from this adopted form. The secretary may adopt such regulations as are necessary to carry out the provisions of this act.
History: L. 1961, ch. 354, § 4; L. 1975, ch. 462, § 108; L. 1978, ch. 291, § 4; L. 1994, ch. 206, § 3; July 1.
(a) The school board of every school affected by this act may exclude from school attendance, or by policy adopted by any such school board authorize any certificated employee or committee of certificated employees to exclude from school attendance, any pupil who has not complied with the requirements of K.S.A. 72-6262. A pupil shall be subject to exclusion from school attendance under this section until such time as the pupil shall have complied with the requirements of K.S.A. 72-6262. The policy shall include provisions for written notice to be given to the parent or guardian of the involved pupil. The notice shall (1) indicate the reason for the exclusion from school attendance, (2) state that the pupil shall continue to be excluded until the pupil has complied with the requirements of K.S.A. 72-6262, and (3) inform the parent or guardian that a hearing thereon shall be afforded the parent or guardian upon request therefor.
(b) The provisions of K.S.A. 72-3120 do not apply to any pupil while subject to exclusion from school attendance under the provisions of this section.
History: L. 1978, ch. 291, § 5; L. 1981, ch. 285, § 2; July 1.
(a) Every board of education shall require all employees of the school district, who come in regular contact with the pupils of the school district, to submit a certification of health on a form prescribed by the secretary of health and environment and signed by a person licensed to practice medicine and surgery under the laws of any state, or by a person who is licensed as a physician assistant under the laws of this state when such person is working at the direction of or in collaboration with a person licensed to practice medicine and surgery, or by a person holding a license to practice as an advanced practice registered nurse under the laws of this state when such person is working at the direction of or in collaboration with a person licensed to practice medicine and surgery. The certification shall include a statement that there is no evidence of [a] physical condition that would conflict with the health, safety, or welfare of the pupils; and that freedom from tuberculosis has been established by chest x-ray or negative tuberculin skin test. If at any time there is reasonable cause to believe that any such employee of the school district is suffering from an illness detrimental to the health of the pupils, the school board may require a new certification of health.
(b) Upon presentation of a signed statement by the employee of a school district, to whom the provisions of subsection (a) apply, that the employee is an adherent of a religious denomination whose religious teachings are opposed to physical examinations, the employee shall be permitted to submit, as an alternative to the certification of health required under subsection (a), certification signed by a person licensed to practice medicine and surgery under the laws of any state, or by a person who is licensed as a physician assistant under the laws of this state when such person is working at the direction of or in collaboration with a person licensed to practice medicine and surgery, or by a person holding a license to practice as an advanced practice registered nurse under the laws of this state when such person is working at the direction of or in collaboration with a person licensed to practice medicine and surgery that freedom of the employee from tuberculosis has been established.
(c) Every board of education may require persons, other than employees of the school district, to submit to the same certification of health requirements as are imposed upon employees of the school district under the provisions of subsection (a) if such persons perform or provide services to or for a school district which require such persons to come in regular contact with the pupils of the school district. No such person shall be required to submit a certification of health if the person presents a signed statement that the person is an adherent of a religious denomination whose religious teachings are opposed to physical examinations. Such persons shall be permitted to submit, as an alternative to a certification of health, certification signed by a person licensed to practice medicine and surgery under the laws of any state, or by a person who is licensed as a physician assistant under the laws of this state when such person is working at the direction of or in collaboration with a person licensed to practice medicine and surgery, or by a person holding a license to practice as an advanced practice registered nurse under the laws of this state when such person is working at the direction of or in collaboration with a person licensed to practice medicine and surgery that freedom of such persons from tuberculosis has been established.
(d) The expense of obtaining certifications of health and certifications of freedom from tuberculosis may be borne by the board of education.
History: L. 1963, ch. 358, § 2; L. 1974, ch. 300, § 1; L. 1975, ch. 370, § 1; L. 1980, ch. 219, § 1; L. 1999, ch. 116, § 50; L. 2000, ch. 13, § 1; L. 2004, ch. 117, § 14; L. 2011, ch. 114, § 68; January 1, 2012.
(a) As used in this section:
(1) "School board" means the board of education of a school district and the governing authority of any nonpublic school;
(2) "school" means all elementary schools within the state;
(3) "local health department" means any county or joint board of health having jurisdiction over the place where any pupil affected by this section may reside;
(4) "secretary" means the secretary of health and environment;
(5) "physician" means a person licensed to practice medicine and surgery;
(6) "nurse" means a person licensed to practice professional nursing;
(7) "health assessment" means a health history, physical examination and such screening tests as are medically indicated to determine hearing ability, vision ability, nutrition adequacy and appropriate growth and development;
(8) "clinic" means an indigent health care clinic as defined by K.S.A. 75-6102 and amendments thereto.
(b) Subject to the provisions of subsection (d) and subsection (g), on and after July 1, 1994, every pupil up to the age of nine years who has not previously enrolled in any school in this state, prior to admission to and attendance in school, shall present to the appropriate school board the results of a health assessment, pursuant to subsection (g), which assessment shall have been conducted within 12 months of school entry by a nurse who has completed the department of health and environment training and certification, by a physician or by a person acting under the direction of a physician. Information contained in the health assessment shall be confidential and shall not be disclosed or made public beyond that necessary under this section except that: (1) Information contained in the health assessment may be disclosed to school board personnel but only to the extent necessary to administer this section and protect the health of the pupil; (2) if a medical emergency exists, the information contained in the health assessment may be disclosed to medical personnel to the extent necessary to protect the health of the pupil; (3) if the parent or guardian of a pupil under 18 years of age consents to the disclosure of the information contained in the health assessment or, if the pupil is 18 years of age or older, if the pupil consents to the disclosure of the information; and (4) if no person can be identified in the information to be disclosed and the disclosure is for statistical purposes.
(c) As an alternative to the health assessment required under subsection (b), a pupil shall present:
(1) A written statement signed by one parent or guardian that the child is an adherent of a religious denomination whose religious teachings are opposed to such assessments; or
(2) a written statement signed by one parent or guardian that such assessment will be scheduled and completed within 90 days after admission to school.
(d) Prior to the commencement of each school year, the school board of every school affected by this section shall give to all known pupils who will be enrolling in the school and who are subject to the requirements of subsection (b) or (c)(1) and (2), a copy of any policy regarding the implementation of the provisions of this section adopted by the school board.
(e) If a pupil transfers from one school to another, the school board of the school from which the pupil transfers shall forward with the pupil's transcript, upon request of the parent or guardian of the pupil therefor, the results of the health assessment showing evidence of compliance with the requirements of this section to the school board of the school to which the pupil transfers.
(f) Local health departments and clinics may charge a sliding fee for providing such health assessments based on ability to pay and no pupil shall be denied the health assessment due to inability to pay. The local health officer shall counsel and advise local school boards on the administration of this section. The secretary may adopt rules and regulations to award grants to assist local health departments and clinics in providing such health assessments, consistent with state appropriations.
(g) The secretary may adopt rules and regulations necessary to carry out the provisions of this section, but shall not prescribe a form on which the results of health assessments are reported.
(h) The school board of every school affected by this section may exclude from school attendance, or by policy adopted by any such school board authorize any certificated employee or committee of certificated employees to exclude from school attendance, any pupil who is subject to and who has not complied with the requirements of subsection (b) or (c). A pupil shall be subject to exclusion from school attendance under this section until such time as the pupil shall have complied with the requirements of subsection (b) or (c). The policy shall include provisions for written notice to be given to the parent or guardian of the involved pupil. The notice shall indicate the reason for the exclusion from school attendance, state that the pupil shall continue to be excluded until the pupil has complied with the requirements of subsection (b) or (c) and inform the parent or guardian that a hearing thereon shall be afforded the parent or guardian upon request for a hearing.
(i) The provisions of K.S.A. 72-3120, and amendments thereto, do not apply to any pupil while excluded from school attendance under the provisions of subsection (h).
History: L. 1992, ch. 173, § 1; L. 1993, ch. 226, § 1; L. 1994, ch. 272, § 1; L. 1999, ch. 99, § 1; April 22.
(a) At the beginning of a school year, school boards shall provide information on immunizations applicable to school age children to parents and guardians of students in grades six through 12. The information on immunizations shall include:
(1) A list of sources for additional information; and
(2) related standards issued by the national centers for disease control and prevention.
(b) The department of health and environment shall provide assistance, if requested by a school board, and information on immunizations applicable to school age children to school boards for the purposes of this section, and shall not charge the school board for such assistance or information.
(c) For purposes of this section, "school board" means the board of education of a school district and the governing authority of any nonpublic school.
History: L. 2008, ch. 98, § 1; July 1.
No school district, educational cooperative, interlocal educational agency or state accredited nonpublic school, no governing authority thereof, no member of any such governing authority, and no officer or employee of any school district, educational cooperative, interlocal educational agency or accredited nonpublic school shall be subject to any civil liability for any statement, report or action taken in assisting, or referring for assistance to any medical, treatment or social service agency or facility, any pupil reasonably believed to be abusing or incapacitated by the use of alcohol or other drugs unless such assistance or referral was made in bad faith or with malicious purpose. The same immunity from liability shall attach with respect to participation in any administrative or judicial proceeding resulting from any such assistance or referral.
History: L. 1984, ch. 304, § 1; July 1.
The board of education of every school district may provide for programs which are designed to assist pupils at all grade levels in the identification, examination, prevention and resolution of alcohol and drug abuse problems which may affect the ability of such pupils to satisfactorily benefit from attendance at school. Any board of education may enter into contracts for the provision of such programs for its pupils and may pay the fees therefor from the general fund of the school district.
History: L. 1981, ch. 275, § 2; L. 1985, ch. 246, § 1; July 1.
Every student and teacher in all schools, colleges, and universities or other educational institutions participating in any of the following courses:
(A) Vocational, technical or industrial arts shops or laboratories involving experience with:
Hot molten metals, or other molten materials;
Milling, sawing, turning, shaping, cutting, grinding, or stamping of any solid materials;
Heat treatment, tempering, or kiln firing of any metal or other materials;
Gas or electric arc welding, or other forms of welding processes;
Repair or servicing of any vehicle;
Caustic or explosive materials;
(B) Chemical or combined chemical-physical laboratories involving caustic or explosive chemicals or hot liquids or solids, or injurious radiations, or other hazards not enumerated; is required to wear appropriate industrial quality eye protective devices at all times while participating in such courses or laboratories. Such devices may be furnished for all students and teachers, and shall be furnished for all visitors to such classrooms and laboratories. Such devices may be purchased in large quantities and sold at cost to students and teachers.
"Industrial quality eye protective devices," as used in this section, means devices meeting the standards of the United States of America standard practice for occupational and educational eye and face protection, Z87. 1-1968, promulgated by the American national standards institute, inc.
The provisions of this section shall apply to industrial quality eye protective devices purchased or otherwise obtained for use after the effective date of this act, and shall not have retroactive application to disqualify any such device in use on or before the effective date of this act.
History: L. 1967, ch. 408, § 1; L. 1978, ch. 290, § 1; July 1.
(a) As used in this section:
(1) "Medication" means a medicine prescribed by a health care provider for the treatment of anaphylaxis or asthma including, but not limited to, any medicine defined in section 201 of the federal food, drug and cosmetic act, inhaled bronchodilators and auto-injectible epinephrine.
(2) "Health care provider" means: (A) A physician licensed to practice medicine and surgery; (B) an advanced practice registered nurse issued a license pursuant to K.S.A. 65-1131, and amendments thereto, who has authority to prescribe drugs as provided by K.S.A. 65-1130, and amendments thereto; or (C) a physician assistant licensed pursuant to the physician assistant licensure act who has authority to prescribe drugs prior to January 11, 2016, pursuant to a written protocol with a responsible physician under K.S.A. 65-28a08, and amendments thereto, and on and after January 11, 2016, pursuant to a written agreement with a supervising physician under K.S.A. 65-28a08, and amendments thereto.
(3) "School" means any public or accredited nonpublic school.
(4) "Self-administration" means a student's discretionary use of such student's medication pursuant to a prescription or written direction from a health care provider.
(b) Each school district shall adopt a policy authorizing the self-administration of medication by students enrolled in kindergarten or any of the grades one through 12. A student shall meet all requirements of a policy adopted pursuant to this subsection. Such policy shall include:
(1) A requirement of a written statement from the student's health care provider stating the name and purpose of the medication; the prescribed dosage; the time the medication is to be regularly administered, and any additional special circumstances under which the medication is to be administered; and the length of time for which the medication is prescribed;
(2) a requirement that the student has demonstrated to the health care provider or such provider's designee and the school nurse or such nurse's designee the skill level necessary to use the medication and any device that is necessary to administer such medication as prescribed. If there is no school nurse, the school shall designate a person for the purposes of this subsection;
(3) a requirement that the health care provider has prepared a written treatment plan for managing asthma or anaphylaxis episodes of the student and for medication use by the student during school hours;
(4) a requirement that the student's parent or guardian has completed and submitted to the school any written documentation required by the school, including the treatment plan prepared as required by paragraph (3) and documents related to liability;
(5) a requirement that all teachers responsible for the student's supervision shall be notified that permission to carry medications and self-medicate has been granted; and
(6) any other requirement imposed by the school district pursuant to this section and K.S.A. 72-1138(e), and amendments thereto.
(c) A school district shall require annual renewal of parental authorization for the self-administration of medication.
(d) A school district, and its officers, employees and agents, which authorizes the self-administration of medication in compliance with the provisions of this section shall not be held liable in any action for damage, injury or death resulting directly or indirectly from the self-administration of medication.
(e) A school district shall provide written notification to the parent or guardian of a student that the school district and its officers, employees and agents are not liable for damage, injury or death resulting directly or indirectly from the self-administration of medication. The parent or guardian of the student shall sign a statement acknowledging that the school district and its officers, employees or agents incur no liability for damage, injury or death resulting directly or indirectly from the self-administration of medication and agreeing to release, indemnify and hold the school and its officers, employees and agents, harmless from and against any claims relating to the self-administration of such medication.
(f) A school district shall require that any back-up medication provided by the student's parent or guardian be kept at the student's school in a location to which the student has immediate access in the event of an asthma or anaphylaxis emergency.
(g) A school district shall require that information described in subsection (b)(3) and (4) be kept on file at the student's school in a location easily accessible in the event of an asthma or anaphylaxis emergency.
(h) An authorization granted pursuant to subsection (b) shall allow a student to possess and use such student's medication at any place where a student is subject to the jurisdiction or supervision of the school district or its officers, employees or agents.
(i) A board of education may adopt a policy pursuant to K.S.A. 72-1138(e), and amendments thereto, which:
(1) Imposes requirements relating to the self-administration of medication which are in addition to those required by this section; and
(2) establishes a procedure for, and the conditions under which, the authorization for the self-administration of medication may be revoked.
History: L. 2004, ch. 124, § 5; L. 2005, ch. 136, § 1; L. 2011, ch. 114, § 69; L. 2014, ch. 131, § 54; L. 2015, ch. 46, § 19; July 1.
(a) As used in this section, K.S.A. 65-1680 and 65-2872b, and amendments thereto:
(1) "Albuterol" means a short-acting beta-2 agonist-inhaled medication, otherwise known as a bronchodilator, that is prescribed by a physician or mid-level practitioner for the treatment of respiratory distress.
(2) "Albuterol metered-dose inhaler" means a portable drug delivery system containing a canister of multiple premeasured doses of albuterol in a device actuator.
(3) "Albuterol solution" means a liquid form of albuterol for use with a nebulizer.
(4) "Anaphaylaxis" or "anaphylactic reaction" means a sudden, severe and potentially life-threatening multi-system allergic reaction.
(5) "Designated school personnel" means an employee, officer, agent or volunteer of a school who has completed training, documented by the school nurse, a physician or a mid-level practitioner, to administer emergency medication on a voluntary basis outside of the scope of employment.
(6) "Emergency medication" means epinephrine or albuterol.
(7) "Epinephrine" means a medication prescribed by a physician or mid-level practitioner for the emergency treatment of anaphylaxis prior to the arrival of emergency medical system responders.
(8) "Epinephrine auto-injector" means a device that automatically injects a premeasured dose of epinephrine.
(9) "Mid-level practitioner" means the same as such term is defined in K.S.A. 65-1626, and amendments thereto.
(10) "Nebulizer" means a device that is used to change a liquid medication to a fine spray of liquid or mist for the administration of the medication through inhalation.
(11) "Pharmacist" means the same as such term is defined in K.S.A. 65-1626, and amendments thereto.
(12) "Physician" means any person licensed by the state board of healing arts to practice medicine and surgery.
(13) "Respiratory distress" means impaired ventilation of the respiratory system or impaired oxygenation of the blood.
(14) "School" means any school operated by a school district organized under the laws of this state or any accredited nonpublic school that provides education to elementary or secondary students.
(15) "School nurse" means a registered nurse licensed by the board of nursing to practice nursing in Kansas or a licensed practical nurse working under a registered nurse who is employed by a school to perform nursing services in a school setting.
(16) "Spacer" means a holding chamber that is used to optimize the delivery of aerolized albuterol from an albuterol metered-dose inhaler.
(17) "Stock supply" means an appropriate quantity of emergency medication as recommended by a physician or mid-level practitioner.
(b) (1) A school may maintain a stock supply of emergency medication upon obtaining a prescription from a physician or mid-level practitioner in the name of the school. A physician or mid-level practitioner shall review the school's policies and procedures established pursuant to subsection (c) prior to prescribing such emergency medication.
(2) A stock supply of epinephrine may consist of one or more standard-dose or pediatric-dose epinephrine auto-injectors. A school nurse or designated school personnel may administer such epinephrine in an emergency situation to any individual who displays the signs and symptoms of anaphylaxis at school, on school property or at a school-sponsored event if such school nurse or designated school personnel reasonably believes that an individual is exhibiting the signs and symptoms of an anaphylactic reaction.
(3) A stock supply of albuterol may consist of one or more albuterol metered-dose inhalers, one or more doses of albuterol solution and one or more spacers or nebulizers. A school nurse or designated school personnel may administer such albuterol in an emergency situation to any individual who displays the signs and symptoms of respiratory distress at school, on school property or at a school-sponsored event if such school nurse or designated school personnel reasonably believes that an individual is exhibiting the signs and symptoms of respiratory distress.
(c) A school that maintains a stock supply of emergency medication shall establish school policies and procedures relating to:
(1) Storage of the emergency medication, which shall require that the emergency medication is stored:
(A) In a safe location that is readily accessible to the school nurse or designated school personnel; and
(B) in accordance with manufacturer temperature recommendations;
(2) periodic monitoring of the inventory and expiration dates of emergency medication;
(3) administration of emergency medication by designated school personnel; and
(4) training requirements for designated school personnel, which shall be conducted by a school nurse, physician or mid-level practitioner on not less than on an annual basis for such designated school personnel. Such training shall include, but not be limited to, the following:
(A) Recognition of the symptoms of anaphylaxis and respiratory distress;
(B) administration of emergency medication;
(C) calling for emergency medical system responders;
(D) monitoring the condition of an individual after emergency medication has been administered;
(E) notification of the parent, guardian or next of kin; and
(F) safe disposal and sanitation of used equipment.
(d) A school shall publish information related to the school's emergency medication policies and procedures and shall maintain records of the training provided to designated school personnel.
(e) A school may accept monetary gifts, grants and donations to carry out the provisions of this section or may accept epinephrine auto-injectors, albuterol metered-dose inhalers, albuterol solution, spacers or nebulizers from a manufacturer or wholesaler.
History: L. 2009, ch. 102, § 2; L. 2024, ch. 67, § 8; July 1.
(a) This section shall be known and may be cited as the Jason Flatt act.
(b) The board of education of each school district shall provide suicide awareness and prevention programming to all school staff and shall notify the parents or legal guardians of students enrolled in such school district that the training materials provided under such programming are available to such parents or legal guardians. Such programming shall include, at a minimum:
(1) At least one hour of training each calendar year based on programs approved by the state board of education. Such training may be satisfied through independent self-review of suicide prevention training materials; and
(2) a building crisis plan developed for each school building. Such plan shall include:
(A) Steps for recognizing suicide ideation;
(B) appropriate methods of interventions; and
(C) a crisis recovery plan.
(c) No cause of action may be brought for any loss or damage caused by any act or omission resulting from the implementation of the provisions of this section, or resulting from any training, or lack of training, required by this section. Nothing in this section shall be construed to impose any specific duty of care.
(d) On or before January 1, 2017, the state board of education shall adopt rules and regulations necessary to implement the provisions of this section.
History: L. 2016, ch. 83, § 1; May 19.
(a) The use of tobacco products in any school building is hereby prohibited. No board of education of any school district shall allow any person to use tobacco products in any school building.
(b) As used in this section, the term "school building" means any enclosed building used for pupil attendance purposes by the board of education of a unified school district. The term school building does not include a building, or part thereof, used for residential purposes or leased from the school district for nonschool sponsored activities.
History: L. 1988, ch. 229, § 1; July 1.
(a) The board of education of each school district shall adopt a policy requiring that separate overnight accommodations be provided for students of each biological sex during school district sponsored travel that requires overnight stays by students. Such policy shall be provided to parents prior to a student's participation in an activity or travel that requires overnight stays by students.
(b) Any student who is subject to retaliation or other adverse action by a school district or any employee thereof as a result of reporting a violation of this section shall have a private cause of action for injunctive relief, damages and any other relief available under law against such school district. All civil actions shall be initiated within two years after the harm occurred. Students who prevail on a claim brought pursuant to this section shall be entitled to monetary damages, including for any psychological, emotional and physical harm suffered, reasonable attorney fees and costs and any other appropriate relief.
(c) As used in this section:
(1) "Biological sex" means the biological indication of male and female in the context of reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones, gonads and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen or subjective experience of gender;
(2) "school district sponsored travel" means any travel that is necessary for students to attend, participate or compete in any event or activity that is sponsored or sanctioned by a school operated by the school district, including, but not limited to, any travel that is organized:
(A) By any club or other organization recognized by the school;
(B) through any communication facilitated by the school, such as email; or
(C) through fundraising activities conducted, in whole or in part, by school district employees or on school district property.
History: L. 2023, ch. 87, § 1; July 1.
(a) As used in this section:
(1) "Appropriate licensing agency" means the agency that issues the license, certification or registration to the healthcare provider under this section.
(2) "Behavioral health crisis" means the same as defined in K.S.A. 65-536, and amendments thereto.
(3) "Consent" means assent in fact, whether expressed or apparent.
(4) "Drug" means the same as defined in K.S.A. 65-1626, and amendments thereto.
(5) "Healthcare provider" means a person who is licensed by or holds a temporary permit to practice issued by the state board of healing arts, the board of nursing or the behavioral sciences regulatory board.
(6) "Minor" means an individual under 18 years of age.
(7) "Parent" means the same as defined in K.S.A. 38-141, and amendments thereto.
(8) "School facility" means any building or structure owned, operated or maintained by the board of education of a public school or the governing body of an accredited nonpublic school if such facility is accessible to students.
(b) (1) Except as provided in subsection (c), notwithstanding any other provision of law to the contrary, unless a healthcare provider has consent of a minor's parent, a healthcare provider shall not, while a minor or healthcare professional is at a school facility:
(A) Prescribe, dispense or administer any prescription or nonprescription drug;
(B) administer a diagnostic test with the minor's bodily fluids; or
(C) conduct ongoing behavioral health treatment.
(2) Notwithstanding the provisions of K.S.A. 72-6316, and amendments thereto, the provisions of paragraph (1) shall not prevent a healthcare provider at a school from conducting a behavioral health assessment or intervention for a minor experiencing a behavioral health crisis, conducting a school-based screening required by law or providing education to a minor.
(3) A healthcare provider who violates the provisions of paragraph (1) shall be subject to professional discipline from such healthcare provider's appropriate licensing agency.
(c) The provisions of this section shall not apply to:
(1) Consent by parent for surgery and other procedures on a child, K.S.A. 38-122, and amendments thereto;
(2) consent for medical care of unmarried pregnant minor, K.S.A. 38-123, and amendments thereto;
(3) donation of blood by persons over 16, K.S.A. 38-123a, and amendments thereto;
(4) consent for immunization by person other than a parent, K.S.A. 38-137, and amendments thereto;
(5) health services under the revised Kansas code for care of children, K.S.A. 38-2217, and amendments thereto;
(6) emergency care by healthcare providers, K.S.A. 65-2891, and amendments thereto;
(7) examination and treatment of persons under 18 for venereal disease, K.S.A. 65-2892, and amendments thereto; and
(8) examination and treatment of minors for drug abuse, misuse or addiction, K.S.A. 65-2892a, and amendments thereto.
History: L. 2024, ch. 108, § 1; July 1.
(a) The secretary of health and environment shall develop statewide standards for cardiac emergency response plans. Such standards shall be developed in accordance with nationally recognized guidelines for implementation of cardiac emergency response plans as promulgated by organizations focused on emergency cardiovascular care.
(b) The board of education of each school district shall adopt a comprehensive cardiac emergency response plan, including policies and procedures for cardiac emergency responses for each attendance center operated by the school district, based on the statewide standards developed by the secretary under subsection (a). The board may utilize any materials, documentation, video recordings, training modules and certifications published by organizations focused on emergency cardiovascular care. The cardiac emergency response plan shall include, but is not limited to, the following:
(1) Establishing of a cardiac emergency response team;
(2) identifying and implementing the placement of automated external defibrillators;
(3) identifying roles and responsibilities of school district personnel, local law enforcement agencies and local emergency medical services in implementing the cardiac emergency response plan;
(4) establishing procedures, including the roles and responsibilities of school district personnel when responding to incidents involving an individual experiencing a suspected sudden cardiac arrest while attending school or at the site of any school-sponsored athletic practice or competition or other school-sponsored activity located in this state whether such site is located on the grounds of the school district or at another location, including, but not limited to:
(A) Responding to individuals experiencing a suspected sudden cardiac arrest;
(B) summoning emergency medical services;
(C) assisting emergency medical service providers; and
(D) documenting actions taken during such incident;
(5) conducting routine maintenance of automated external defibrillators, including appropriate placement in accordance with the statewide standards;
(6) designating school district personnel for training in the use of automated external defibrillators and cardiopulmonary resuscitation during a cardiac emergency;
(7) rehearsing cardiac emergency response plans, by simulation, by all athletic directors, coaches, assistant coaches, athletic trainers, school nurses and any other school district personnel designated pursuant to paragraph (6) either prior to the beginning of each athletic season or prior to the beginning of each school year;
(8) establishing communication systems with local emergency medical services operating within the school district; and
(9) developing a cardiac emergency action plan for school-sponsored events held at a location that is not on school district property.
(c) Each board of education shall annually review the cardiac emergency response plan and adopt any changes to such plan as necessary.
(d) Each school district shall submit a copy of the adopted cardiac emergency response plan to the secretary of health and environment. If the board of education of such district adopts any changes to such plan, a copy of the amended plan shall be submitted to the secretary.
History: L. 2024, ch. 77, § 7; July 1.
History: L. 1955, ch. 333, § 1; L. 1961, ch. 345, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1955, ch. 333, §§ 2 to 4; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1955, ch. 333, § 5; L. 1961, ch. 346, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1955, ch. 333, § 6; L. 1963, ch. 388, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1955, ch. 333, §§ 7 to 9; Repealed, L. 1965, ch. 402, § 20; May 1.
(a) This section shall apply to all school districts and to every pupil of any school district. As used in this section, the term "school records" means transcripts, grade cards, the results of tests, assessments or evaluations, and all other personally identifiable records, files and data directly related to a pupil.
(b) All school district property in the possession of any pupil shall be returned to the proper school district authority or paid for by the pupil upon transfer of the pupil from the school district. The school records of any such pupil shall not be withheld for any reason. A school district authority, upon request, shall provide a fully itemized list of the school district property in the possession of the pupil. In the event that such school district authority receives an affidavit stating that the pupil's parents are unable to return the school district property which is lost or missing, such school district authority shall note in the school records of the pupil that the pupil has complied with the provisions of this section. In the event that a school district authority receives an affidavit from the board of education of another school district or from the governing authority of a nonpublic school stating that a pupil's records are being requested as proof of identity of the pupil pursuant to the provisions of K.S.A. 72-9934, and amendments thereto, such school district authority shall forward a certified copy of that part of the pupil's records which provides information regarding the identity of the pupil.
(c) The school records of each pupil are the property of the pupil and shall not be withheld by any school district. Upon request of a pupil or the parent of a pupil, the school records of the pupil shall be given to such pupil or parent, or, upon transfer of the pupil to another school district or to a nonpublic school, shall be forwarded to such school district or nonpublic school. A pupil's records forwarded to another school district due to transfer will include original copies of all the students records, including transcripts, grade cards, results of tests, assessments or evaluations, and all other personally identifiable records, files and data directly related to the pupil.
History: L. 1963, ch. 378, § 1; L. 1986, ch. 268, § 2; L. 1991, ch. 220, § 3; L. 1999, ch. 116, § 49; July 1.
(a) As used in this section, the following terms shall have the meanings respectively ascribed to them unless the context requires otherwise:
(1) "Board" means the state board of regents, the state board of education, the board of trustees of any public community college, the board of regents of any municipal university, the governing board of any technical college and the board of education of any school district.
(2) "Student" means a person who has attained 18 years of age, or is attending an institution of postsecondary education.
(3) "Pupil" means a person who has not attained 18 years of age and is attending an educational institution below the postsecondary level.
(b) Every board shall adopt a policy in accordance with the student data privacy act and applicable federal laws and regulations to protect the right of privacy of any student, or pupil and such pupil's family regarding personally identifiable records, files and data directly related to such student or pupil. The board shall adopt and implement procedures to effectuate such policy by January 1, 1977. Such procedures shall provide for: (1) Means by which any student or parent of a pupil, as the case may be, may inspect and review any records or files directly related to the student or pupil; and (2) restricting the accessibility and availability of any personally identifiable records or files of any student or pupil and preventing disclosure thereof unless made upon written consent of such student or parent of such pupil, as the case may be.
History: L. 1976, ch. 228, § 1; L. 2011, ch. 97, § 36; L. 2014, ch. 124, § 10; July 1.
K.S.A. 72-6312 through 72-6320, and amendments thereto, shall be known and may be cited as the student data privacy act.
History: L. 2014, ch. 124, § 1; July 1.
As used in K.S.A. 72-6312 through 72-6320, and amendments thereto:
(a) "Aggregate data" means data collected or reported at the group, cohort or institutional level and which contains no personally identifiable student data.
(b) "Biometric data" means one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual, such as fingerprints, retina and iris patterns, voiceprints, DNA sequence, facial characteristics and handwriting.
(c) "Department" means the state department of education.
(d) "Directory information" means a student's name, address, telephone listing, participation in officially recognized activities and sports, weight and height if the student is a member of an athletic team, and degrees, honors or awards received.
(e) "Educational agency" means a school district or the department.
(f) "School district" means a unified school district organized and operated under the laws of this state.
(g) "Statewide longitudinal student data system" means any student data system maintained by the department, which assigns a state identification number for each student who attends an accredited public or private school in Kansas and uses the state identification number to collect student data.
(h) "Student data" means the following information contained in a student's educational record:
(1) State and national assessment results, including information on untested students;
(2) course taking and completion, credits earned and other transcript information;
(3) course grades and grade point average;
(4) date of birth, grade level and expected date of graduation;
(5) degree, diploma, credential attainment and other school exit information such as general education development and drop-out data;
(6) attendance and mobility;
(7) data required to calculate the federal four-year adjusted cohort graduation rate, including sufficient exit and drop-out information;
(8) remediation;
(9) special education data;
(10) demographic data and program participation information; and
(11) any other information included in a student's educational record.
(i) "Personally identifiable student data" means student data that, alone or in combination, is linked or linkable to a specific student and would allow a reasonable person to identify the student with reasonable certainty.
History: L. 2014, ch. 124, § 2; July 1.
(a) Any student data submitted to and maintained by a statewide longitudinal student data system shall only be disclosed by an educational agency in accordance with the provisions of this section. An educational agency shall provide annual written notice to each student's parent or legal guardian that student data may be disclosed in accordance with this section. Such notice shall be signed by the student's parent or legal guardian and maintained on file with the district.
(b) Student data may be disclosed at any time to:
(1) The authorized personnel of an educational agency who require such disclosures to perform their assigned duties;
(2) the authorized personnel of the state board of regents who require such disclosures to perform their assigned duties; and
(3) the student and the parent or legal guardian of the student, provided the student data pertains solely to such student.
(c) Student data may be disclosed to the authorized personnel of any state agency not specified in subsection (b), or to a service provider of a state agency, educational agency or school who is engaged to perform a function of instruction, assessment or longitudinal reporting, provided there is a data-sharing agreement between the educational agency and such other state agency or service provider that provides the following:
(1) The purpose, scope and duration of the data-sharing agreement;
(2) that the recipient of the student data use such information solely for the purposes specified in the agreement;
(3) that the recipient shall comply with data access, use and security restrictions that are specifically described in the agreement; and
(4) that the student data shall be destroyed when no longer necessary for the purposes of the data-sharing agreement or upon expiration of the data-sharing agreement, whichever occurs first. Except that a service provider engaged to perform a function of instruction may retain student transcripts as required by applicable laws and rules and regulations. Destruction shall comply with the NISTSP800-88 standards of data destruction.
(d) (1) Except as otherwise provided in paragraph (2), student data may be disclosed to any governmental entity not specified in subsection (b) or (c), or to any public or private audit and evaluation or research organization, provided that only aggregate data is disclosed to such governmental entity or audit and evaluation or research organization.
(2) Personally identifiable student data may be disclosed if the student, if an adult, or the parent or legal guardian of the student, if a minor, consents to such disclosure in writing.
(e) Notwithstanding the provisions of subsections (b), (c) and (d), an educational agency may disclose:
(1) Directory information of a student when such agency deems such disclosure necessary and the disclosure of which has been consented to in writing by such student's parent or legal guardian;
(2) directory information to an enhancement vendor that provides photography services, class ring services, yearbook publishing services, memorabilia services or other substantially similar services;
(3) any information required to be disclosed pursuant to K.S.A. 65-101, 65-118 and 65-202, and amendments thereto, provided such information is disclosed in accordance with any provisions of such statutes regarding the confidentiality and disclosure of such information;
(4) any student data in order to comply with any lawful subpoena or court order directing such disclosure; and
(5) student data to a public or private postsecondary educational institution which is required by such postsecondary educational institution for the purposes of application or admission of a student to such postsecondary educational institution, provided that such disclosure is consented to in writing by such student.
History: L. 2014, ch. 124, § 3; July 1.
No school district shall collect biometric data from a student, or use any device or mechanism to assess a student's physiological or emotional state, unless the student, if an adult, or the parent or legal guardian of the student, if a minor, consents in writing.
History: L. 2014, ch. 124, § 4; July 1.
(a) A nonacademic test, questionnaire, survey or examination containing any questions about the personal and private attitudes, values, beliefs or practices of the student or the student's parents, guardians, family members, associates, friends or peers that is administered during the school day shall not be administered to any student enrolled in kindergarten or grades one through 12, unless the parent or guardian of the student:
(1) Is notified in writing not more than four months in advance of the administration of such test, questionnaire, survey or examination that such test, questionnaire, survey or examination is to be administered. Such notification shall include:
(A) A copy of the test, questionnaire, survey or examination that is to be administered;
(B) information on how the parent or guardian may provide written consent to authorize the student to take such test, questionnaire, survey or examination;
(C) the name of the company or entity that produces or provides the test, questionnaire, survey or examination to the school; and
(D) whether the school will receive or maintain the resulting data and an explanation of how the school intends to use and maintain such data; and
(2) gives written consent through a written or electronic signature to authorize the student to take the test, questionnaire, survey or examination or, in the event of an immediate need, gives verbal consent. Such written consent may only be accepted after a parent or guardian has received the notification required pursuant to paragraph (1) and had an opportunity to review the information contained in such notification. Written consent shall be provided separately for each individual test, questionnaire, survey or examination that is to be administered.
(b) Notwithstanding a parent or guardian's consent for a student to take any such test, questionnaire, survey or examination, a student shall have the right to refuse to take any such test, questionnaire, survey or examination at any time without limitation. Prior to the administration of any such test, questionnaire, survey or examination, each student shall be informed that such student has the right to refuse to take such test, questionnaire, survey or examination and that the student will not suffer any adverse consequences based on such refusal.
(c) Prior to the administration of any such test, questionnaire, survey or examination, a school district shall post and maintain a copy of such test, questionnaire, survey or examination on the school district website.
(d) No personally identifiable student data shall be collected through any such test, questionnaire, survey or examination.
(e) Except as provided in subsection (f), the provisions of this section shall apply to any test, questionnaire, survey or examination described in subsection (a) that is administered or proposed to be administered to any student by any employee of a school district, including, but not limited to, any administrator, teacher, counselor, social worker, psychologist or nurse.
(f) Notwithstanding the provisions of this section, if any school district employee becomes aware that a student may be at risk of suicide by a credible report from the student, the student's peers or another school district employee, the school personnel who are designated by the school to administer a suicide risk assessment or screening tool may administer such risk assessment or screening tool in accordance with the provisions of this subsection to determine whether the student could be at risk for suicide. Such designated school personnel may include, but is not limited to, any administrator, teacher, counselor, social worker, psychologist or nurse. Prior to the administration of any such risk assessment or screening tool, the designated school personnel shall verbally notify the parent or guardian before the administration of such risk assessment or screening tool and obtain the consent of the parent or guardian. If the designated school personnel is unable to verbally notify the parent or guardian of the student and obtain consent after reasonable attempts to do so, the designated school personnel may administer the risk assessment or screening tool without such consent. If a risk assessment or screening tool is administered without the parent or guardian's consent, as soon as contact with the parent or guardian is made, the designated school personnel shall notify the parent or guardian of the administration of such assessment or screening tool and provide to the parent or guardian all information obtained from the risk assessment or screening tool administered to the student.
History: L. 2014, ch. 124, § 5; L. 2022, ch. 94, § 27; July 1.
The attorney general or any district attorney may enforce the provisions of K.S.A. 72-6312 through 72-6319, and amendments thereto, by bringing an action in a court of competent jurisdiction, and may seek injunctive relief to enjoin any educational agency, any employee or agent thereof, or any other entity in possession of student data from disclosing any student data in violation of the provisions of K.S.A. 72-6312 through 72-6319, and amendments thereto.
History: L. 2014, ch. 124, § 6; July 1.
In the event of a security breach or unauthorized disclosure of student data or personally identifiable information of any student, whether by a school district, the department, the state board of education, state agency, or other entity or third party given access to student data or personally identifiable information of any student, the school district, department, state board of education, state agency, or other entity or third party shall immediately notify each affected student, if an adult, or the parent or legal guardian of the student, if a minor, of the breach or unauthorized disclosure and investigate the causes and consequences of the breach or unauthorized disclosure.
History: L. 2014, ch. 124, § 7; July 1.
The department shall annually publish on its website the categories of student data that are submitted to and maintained in any statewide longitudinal student data system. Publications required by this section shall be published with an easily identifiable link located on the department's website homepage.
History: L. 2014, ch. 124, § 8; July 1.
On or before May 15, 2015, and each year thereafter, the state board shall submit to the governor and the legislature a written report. The report shall include, but not be limited to, the following information:
(a) Any categories of student data collected for the statewide longitudinal student data system that are not otherwise described as student data under K.S.A. 72-6313, and amendments thereto;
(b) any changes to existing data collections, which includes changes to federal reporting requirements by the secretary of the United States department of education;
(c) an explanation of any exceptions provided by the state board in the preceding calendar year regarding the release or transfer of student data; and
(d) the scope and nature of any privacy or security audits completed in the preceding calendar year.
History: L. 2014, ch. 124, § 9; July 1.
K.S.A. 72-6331 through 72-6334, and amendments thereto, shall be known and may be cited as the student online personal protection act.
History: L. 2016, ch. 57, § 1; July 1.
As used in K.S.A. 72-6331 through 72-6334, and amendments thereto:
(a) "Educational purposes" means purposes that are directed by an employee or agent of a school district, that customarily take place at an attendance center operated by a school district or that aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, administrative activities and collaboration between students, school personnel or parents, or which are otherwise for the use and benefit of the school district.
(b) "Interactive computer service" means any service, system or software provider that provides or enables multiple users access to a computer server, including a service or system that provides access to the internet and systems or services offered by libraries or educational institutions.
(c) "Educational online product" means an internet website, online service, online application or mobile application that is used primarily, and was designed and marketed for, educational purposes.
(d) (1) "Operator" means, to the extent it is operating in this capacity, the operator of an educational online product with actual knowledge that the educational online product is used primarily for educational purposes and was designed and marketed for educational purposes.
(2) The term "operator" does not include:
(A) Any school district or school district employee acting on behalf of a school district employer; or
(B) any national assessment provider that is administering a college and career readiness assessment.
(e) "Personally identifiable information" means information that personally identifies an individual student or that is linked to information that personally identifies an individual student, including, but not limited to:
(1) Information in the student's educational record or electronic mail; (2) first and last name; (3) home address; (4) telephone number; (5) electronic mail address; (6) any other information that allows physical or online contact with the student; (7) discipline records; (8) test results; (9) data that is a part of or related to any individualized education program for such student; (10) juvenile dependency records; (11) grades; (12) evaluations; (13) criminal records; (14) medical records; (15) health records; (16) social security number; (17) biometric information; (18) disabilities; (19) socioeconomic information; (20) food purchases; (21) political affiliations; (22) religious information; (23) text messages; (24) documents; (25) student identifiers; (26) search activity; (27) photos; (28) voice recordings; or (29) geolocation information.
(f) "School district" means any unified school district organized and operating under the laws of this state.
(g) "Service provider" means a person or entity that provides a service to an operator, or provides a service that enables users to access content, information, electronic mail or other services offered over the internet or a computer network.
(h) "Student information" means personally identifiable information or material in any media or format that is not otherwise available to the public and was:
(1) Created by an operator in the course of the use of the operator's educational online product for educational purposes;
(2) provided to an operator by a student, or the student's parent or legal guardian, in the course of the use of the operator's educational online product for educational purposes;
(3) created by an operator as a result of the activities of an employee or agent of a school district;
(4) provided to an operator by an employee or agent of a school district for educational purposes; or
(5) gathered by an operator through the operation of such operator's educational online product for educational purposes.
(i) "Targeted advertising" means presenting an advertisement to a student where the advertisement is selected based on information obtained or inferred over time from that student's online behavior, usage of online applications or student information. Targeted advertising does not include advertising to a student at an online location based upon that student's current visit to that location, or in response to that student's request for information or feedback, without the retention of that student's online activities or requests over time for the purpose of targeting subsequent advertisements.
History: L. 2016, ch. 57, § 2; L. 2022, ch. 86, § 10; July 1.
(a) An operator shall not knowingly:
(1) Engage in targeted advertising on the operator's educational online product, or target advertising on any other educational online product if the targeting of the advertising is based on any information, including student information and persistent unique identifiers, that the operator has acquired because of the use of such operator's educational online product for educational purposes;
(2) use information, including student information and persistent unique identifiers, created or gathered through the operation of such operator's educational online product, to amass a profile about a student, except in furtherance of educational purposes;
(3) sell or rent student information to a third party, except when such information is part of the assets being transferred during the purchase, merger or other acquisition of an operator by another entity, provided, the successor entity complies with the provisions of this subsection as though it were an operator with respect to the acquired student information; or
(4) disclose student information unless the disclosure is made for the following purposes:
(A) For legitimate research purposes subject to and as allowed by federal and state law, and under the direction of a school district or the state department of education, provided the student information is not used for advertising or to amass a profile on the student for purposes other than educational purposes, or for any other purposes other than educational purposes;
(B) that information described in K.S.A. 72-6332(e)(2) and (e)(8), and amendments thereto, upon request by a school district or state agency for educational purposes;
(C) to law enforcement agencies or to a court of competent jurisdiction to protect the safety or integrity of users of the operator's educational online product or other individuals, or the security of such educational online product;
(D) for educational or employment purposes upon request by the student or the student's parent or legal guardian, provided the student information is not used or further disclosed for any other purpose;
(E) to a service provider, provided the operator contractually: (i) Prohibits the service provider from using any student information for any purpose other than providing the contracted service to or on behalf of the operator; (ii) prohibits the service provider from disclosing any student information provided by the operator with subsequent third parties; and (iii) requires the service provider to implement and maintain reasonable security procedures and practices to ensure the confidentiality of the student information; or
(F) in the course of transferring assets as a part of a business purchase, merger or other acquisition as described in subsection (a)(3).
(b) An operator shall:
(1) Implement and maintain reasonable security procedures and practices appropriate to the nature of the student information which are designed to protect such information from unauthorized access, destruction, use, modification or disclosure; and
(2) delete within a reasonable period of time student information upon request by the school district, unless the student or the student's parent or legal guardian requests that such information continue to be maintained.
(c) Nothing in this section shall be construed to prohibit an operator from:
(1) Using student information to maintain, develop, support, improve or diagnose the operator's educational online product;
(2) using student information to improve educational products, provided such information is not associated with an identified student within the operator's educational online product or within other online products owned by the operator;
(3) using student information to demonstrate the effectiveness of the operator's educational online products, including in their marketing, provided such information is not associated with an identified student within the operator's educational online product or within other online products owned by the operator;
(4) sharing student information for purposes of development and improvement of educational online products, provided such information is not associated with an identified student within the operator's educational online product or within other online products owned by the operator;
(5) using recommendation engines to suggest to a student additional content or services within the operator's educational online product related to an educational, other learning or employment opportunity purpose, provided the recommendation is not determined in whole or in part by payment or other consideration from a third party; or
(6) responding to a student's request for information or feedback, provided such response is not determined in whole or in part by payment or other consideration from a third party.
(d) Nothing in this section shall be construed to:
(1) Limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to a court order;
(2) limit the ability of an operator to use student information for adaptive learning or customized student learning purposes;
(3) apply to general audience internet websites, general audience online services, general audience online applications or general audience mobile applications, even if login credentials created for an operator's educational online product may be used to access those general audience websites, online services or online applications;
(4) limit service providers from providing internet connectivity to schools or to students and the students' parents or legal guardians;
(5) prohibit an operator from marketing educational products directly to parents and legal guardians, provided such marketing does not result from the use of student information obtained by the operator through the operation of such operator's educational online products;
(6) impose a duty upon a provider of an electronic store, gateway, marketplace or other means of purchasing or downloading software or applications to review or enforce the compliance with this section on such software or applications;
(7) impose a duty upon a provider of an interactive computer service to review or enforce the compliance with this section by third-party content providers; or
(8) prohibit students from downloading, exporting, transferring, saving or maintaining such student's own student information or documents.
(e) As used in this section, the term "amass a profile" shall not include the collection and retention of account information that remains under the control of the student, the student's parent or legal guardian or the school district.
History: L. 2016, ch. 57, § 3; July 1.
The attorney general or any district attorney may enforce the provisions of the student online personal protection act by bringing an action in a court of competent jurisdiction, and may seek injunctive relief to enjoin any operator in possession of student information from disclosing any student information in violation of the provisions of the student online personal protection act.
History: L. 2016, ch. 57, § 4; July 1.
History: L. 1959, ch. 306, § 1; L. 1963, ch. 389, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1959, ch. 306, § 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1959, ch. 306, § 3; L. 1961, ch. 347, § 1; L. 1963, ch. 389, § 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1959, ch. 306, § 4; L. 1963, ch. 389, § 3; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1992, ch. 280, § 1; L. 2005, ch. 194, § 19; L. 2006, ch. 197, § 8; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 2; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 3; L. 1993, ch. 264, § 8; L. 1994, ch. 307, § 12; L. 1995, ch. 160, § 1; L. 1997, ch. 41, § 1; L. 1998, ch. 118, § 1; L. 1999, ch. 165, § 1; L. 2000, ch. 95, § 1; L. 2001, ch. 215, § 1; L. 2001, ch. 215, § 4; L. 2002, ch. 193, § 1; L. 2003, ch. 104, § 7; L. 2004, ch. 124, § 4; L. 2005, ch. 194, § 16; L. 2005, ch. 2, § 10 (Special Session); L. 2006, ch. 197, § 9; L. 2007, ch. 185, § 1; L. 2008, ch. 172, § 2; L. 2009, ch. 76, § 2; L. 2014, ch. 93, § 36; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 3; L. 1993, ch. 264, § 8; L. 1994, ch. 307, § 12; L. 1995, ch. 160, § 1; L. 1997, ch. 41, § 1; L. 1998, ch. 118, § 1; L. 1999, ch. 165, § 1; L. 2000, ch. 95, § 1; L. 2001, ch. 215, § 1; L. 2001, ch. 215, § 4; L. 2002, ch. 196, § 2; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1992, ch. 280, § 4; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 5; L. 1993, ch. 264, § 9; L. 1994, ch. 310, § 2; L. 2003, ch. 9, § 1; L. 2003, ch. 158, § 7; L. 2005, ch. 152, § 13; L. 2006, ch. 197, § 10; L. 2013, ch. 30, § 1; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 6; L. 1993, ch. 264, § 11; L. 1995, ch. 160, § 2; L. 1996, ch. 265, § 1; L. 1997, ch. 41, § 2; L. 1997, ch. 189, § 3; L. 1998, ch. 118, § 2; L. 1999, ch. 165, § 2; L. 2001, ch. 215, § 5; L. 2002, ch. 195, § 1; L. 2005, ch. 152, § 14; L. 2005, ch. 2, § 18 (Special Session); L. 2006, ch. 197, § 11; L. 2008, ch. 172, § 6; L. 2014, ch. 93, § 37; L. 2014, ch. 127, § 6; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 7; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 8; L. 1995, ch. 160, § 4; L. 1997, ch. 41, § 3; L. 1998, ch. 118, § 3; L. 1999, ch. 165, § 3; L. 2005, ch. 152, § 15; L. 2005, ch. 2, § 19 (Special Session); L. 2006, ch. 197, § 12; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1995, ch. 160, § 3; Repealed, L. 1997, ch. 41, § 19; July 1.
History: L. 1992, ch. 280, § 9; L. 2005, ch. 152, § 16; L. 2006, ch. 197, § 13; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 10; L. 1997, ch. 41, § 4; L. 1998, ch. 118, § 4; L. 1999, ch. 165, § 4; L. 2001, ch. 215, § 6; L. 2005, ch. 152, § 17; L. 2005, ch. 2, § 20 (Special Session); L. 2006, ch. 197, § 14; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 2005, ch. 152, § 18; L. 2006, ch. 197, § 15; L. 2011, ch. 107, § 6; L. 2012, ch. 155, § 7; L. 2013, ch. 121, § 6; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 2005, ch. 194, § 10; L. 2006, ch. 197, § 16; L. 2011, ch. 107, § 7; L. 2012, ch. 155, § 8; L. 2013, ch. 121, § 7; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 11; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1997, ch. 41, § 10; Expired, June 30, 1998.
History: L. 2005, ch. 194, § 11; L. 2006, ch. 197, § 17; L. 2014, ch. 93, § 38; L. 2014, ch. 129, § 8; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 12; L. 2014, ch. 93, § 39; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 13; L. 1997, ch. 189, § 4; L. 2003, ch. 139, § 2; L. 2014, ch. 93, § 40; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 14; L. 2001, ch. 5, § 290; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 15; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 16; L. 2001, ch. 215, § 14; L. 2011, ch. 107, § 8; L. 2012, ch. 155, § 9; L. 2013, ch. 121, § 8; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 17; L. 2005, ch. 152, § 21; L. 2011, ch. 107, § 9; L. 2012, ch. 155, § 10; L. 2013, ch. 121, § 9; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 18; Repealed, L. 2013, ch. 30, § 2; July 1.
History: L. 1992, ch. 280, § 19; L. 2011, ch. 107, § 10; L. 2012, ch. 155, § 11; L. 2013, ch. 121, § 10; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 20; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 21; L. 2003, ch. 116, § 9; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 22; L. 1993, ch. 51, § 1; L. 1995, ch. 160, § 5; L. 2002, ch. 196, § 3; L. 2005, ch. 2, § 11 (Special Session); L. 2006, ch. 197, § 18; L. 2009, ch. 106, § 2; L. 2011, ch. 107, § 11; L. 2012, ch. 155, § 12; L. 2013, ch. 121, § 11; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 23; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 24; L. 2003, ch. 116, § 10; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 25; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 26; L. 1993, ch. 264, § 10; L. 1994, ch. 307, § 13; L. 1999, ch. 165, § 5; L. 2000, ch. 95, § 2; L. 2001, ch. 215, § 2; L. 2002, ch. 196, § 4; L. 2007, ch. 76, § 3; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 27; L. 1994, ch. 7, § 1; L. 1996, ch. 265, § 2; L. 1997, ch. 41, § 6; L. 1997, ch. 187, § 6; L. 1998, ch. 130, § 25; L. 1999, ch. 165, § 6; L. 2001, ch. 215, § 7; L. 2003, ch. 139, § 6; L. 2004, ch. 180, § 10; L. 2005, ch. 152, § 22; L. 2007, ch. 152, § 5; L. 2009, ch. 97, § 1; L. 2011, ch. 110, § 2; L. 2013, ch. 99, § 2; L. 2014, ch. 93, § 41; L. 2014, ch. 127, § 7; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 27; L. 1994, ch. 7, § 1; L. 1996, ch. 228, § 7; Repealed, L. 1997, ch. 41, § 19; July 1.
History: L. 1992, ch. 280, § 27; L. 1994, ch. 7, § 1; L. 1996, ch. 265, § 2; L. 1997, ch. 41, § 6; L. 1997, ch. 187, § 6; L. 1998, ch. 130, § 25; L. 1999, ch. 165, § 6; L. 2001, ch. 215, § 7; L. 2003, ch. 147, § 34; Repealed, L. 2004, ch. 180, § 18; July 1.
History: L. 1992, ch. 280, § 27; L. 1994, ch. 7, § 1; L. 1996, ch. 265, § 2; L. 1997, ch. 41, § 6; L. 1997, ch. 187, § 6; L. 1998, ch. 130, § 25; L. 1999, ch. 165, § 6; L. 2001, ch. 215, § 7; L. 2003, ch. 146, § 2; Repealed, L. 2004, ch. 180, § 18; July 1.
History: L. 1992, ch. 280, § 28; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 29; L. 1993, ch. 264, § 12; L. 1995, ch. 160, § 6; L. 1996, ch. 265, § 4; L. 1997, ch. 189, § 1; L. 2002, ch. 196, § 5; L. 2005, ch. 194, § 17; L. 2006, ch. 197, § 19; L. 2007, ch. 185, § 3; L. 2009, ch. 139, § 3; L. 2014, ch. 93, § 42; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 29; L. 1993, ch. 264, § 12; L. 1995, ch. 160, § 6; L. 1996, ch. 265, § 3; Repealed, L. 1997, ch. 189, § 5; July 1.
History: L. 2002, ch. 196, § 7; Repealed, L. 2005, ch. 152, § 45; July 1.
History: L. 1992, ch. 280, § 29; L. 1993, ch. 264, § 12; l. 1995, ch. 160, § 6; L. 1996, ch. 265, § 4; L. 1997, ch. 189, § 1; L. 2002, ch. 196, § 5; L. 2005, ch. 194, § 17; L. 2006, ch. 197, § 19; L. 2007, ch. 167, § 206; Repealed, L. 2009, ch. 139, § 4; May 28.
History: L. 2009, ch. 139, § 2; L. 2011, ch. 110, § 1; L. 2012, ch. 155, § 3; L. 2014, ch. 93, § 43; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 30; L. 2003, ch. 139, § 3; L. 2005, ch. 152, § 24; L. 2005, ch. 2, § 12 (Special Session); L. 2006, ch. 197, § 20; L. 2007, ch. 195, § 35; L. 2015, ch. 4, § 38; L. 2015, ch. 92, § 7; Repealed, L. 2015, ch. 92, § 15; July 1.
History: L. 1992, ch. 280, § 30; L. 2003, ch. 139, § 3; L. 2005, ch. 152, § 24; L. 2005, ch. 2, § 12 (Special Session); L. 2006, ch. 165, § 1; Repealed, L. 2007, ch. 195, § 59; July 1.
History: L. 2006, ch. 165, § 7; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 31; L. 2006, ch. 197, § 21; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 32; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 33; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 34; L. 1993, ch. 264, § 13; L. 1997, ch. 41, § 7; L. 2005, ch. 194, § 18; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 35; L. 1995, ch. 263, § 1; L. 2004, ch. 124, § 3; L. 2006, ch. 197, § 22; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 2006, ch. 197, § 1; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1992, ch. 280, § 36; Repealed, L. 2005, ch. 152, § 45; July 1.
History: L. 1993, ch. 264, § 14; L. 1995, ch. 160, § 9; L. 1997, ch. 41, § 8; L. 2001, ch. 5, § 291; L. 2006, ch. 197, § 23; L. 2008, ch. 109, § 61; L. 2011, ch. 106, § 1; L. 2013, ch. 99, § 3; L. 2014, ch. 93, § 44; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1993, ch. 264, § 14; L. 1995, ch. 160, § 9; L. 1997, ch. 41, § 8; L. 2001, ch. 5, § 291; L. 2006, ch. 197, § 23; L. 2008, ch. 109, § 61; L. 2011, ch. 106, § 1; L. 2013, ch. 99, § 3; L. 2014, ch. 141, § 55; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1995, ch. 160, § 8; L. 1997, ch. 41, § 9; L. 1998, ch. 118, § 5; L. 1999, ch. 165, § 7; Repealed, L. 2005, ch. 152, § 45; July 1.
History: L. 1995, ch. 160, § 7; Repealed, L. 1997, ch. 41, § 19; July 1.
History: L. 2005, ch. 2, § 21 (Special Session); L. 2006, ch. 197, § 24; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1997, ch. 41, § 5; L. 2008, ch. 109, § 62; L. 2014, ch. 141, § 56; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1997, ch. 189, § 2; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 1999, ch. 165, § 12; L. 2002, ch. 167, § 1; Repealed, L. 2006, ch. 165, § 10; July 1.
History: L. 2004, ch. 124, § 1; L. 2006, ch. 165, § 2; L. 2008, ch. 172, § 8; L. 2009, ch. 130, § 1; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 2001, ch. 215, § 8; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 2002, ch. 193, § 2; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 2005, ch. 4, § 2; L. 2007, ch. 104, § 1; L. 2009, ch. 143, § 28; L. 2013, ch. 99, § 4; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 2005, ch. 194, § 12; L. 2007, ch. 188, § 4; L. 2011, ch. 106, § 2; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 2005, ch. 152, § 20; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 2005, ch. 2, § 4 (Special Session); L. 2007, ch. 188, § 5; L. 2008, ch. 109, § 63; L. 2011, ch. 106, § 3; L. 2014, ch. 141, § 57; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 2005, ch. 2, § 5 (Special Session); Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 2005, ch. 2, § 26 (Special Session); Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 2006, ch. 197, § 3; L. 2007, ch. 185, § 2; Repealed, L. 2014, ch. 93, § 67; July 1.
History: L. 2006, ch. 217, § 1; L. 2008, ch. 172, § 3; L. 2012, ch. 159, § 11; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 2008, ch. 118, § 5; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 2008, ch. 147, § 7; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 2008, ch. 147, § 8; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 2008, ch. 172, § 4; Repealed, L. 2012, ch. 159, § 12; July 1.
History: L. 2011, ch. 107, § 1; L. 2012, ch. 155, § 13; L. 2013, ch. 121, § 12; L. 2015, ch. 4, § 39; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 2012, ch. 159, § 6; Repealed, L. 2015, ch. 4, § 81; July 1.
Revisor's Note: Section transferred to 72-5130.
History: L. 2015, ch. 4, § 4; L. 2016, ch. 45, § 6; Repealed, L. 2018, ch. 57, § 18; July 1.
History: L. 2015, ch. 4, § 5; L. 2015, ch. 92, § 3; Repealed, L. 2018, ch. 57, § 18; July 1.
History: L. 2015, ch. 4, § 6; L. 2015, ch. 92, § 4; L. 2016, ch. 45, § 7; Repealed, L. 2018, ch. 57, § 18; July 1.
History: L. 2015, ch. 4, § 7; Repealed, L. 2018, ch. 57, § 18; July 1.
History: L. 2015, ch. 4, § 8; Repealed, L. 2018, ch. 57, § 18; July 1.
History: L. 2015, ch. 4, § 9; Repealed, L. 2018, ch. 57, § 18; July 1.
History: L. 2015, ch. 4, § 10; Repealed, L. 2018, ch. 57, § 18; July 1.
History: L. 2015, ch. 4, § 11; Repealed, L. 2018, ch. 57, § 18; July 1.
History: L. 2015, ch. 4, § 12; Repealed, L. 2018, ch. 57, § 18; July 1.
History: L. 2015, ch. 4, § 13; Repealed, L. 2018, ch. 57, § 18; July 1.
History: L. 2015, ch. 4, § 14; Repealed, L. 2018, ch. 57, § 18; July 1.
History: L. 2015, ch. 4, § 15; L. 2016, ch. 45, § 8; Repealed, L. 2018, ch. 57, § 18; July 1.
History: L. 2015, ch. 4, § 16; Repealed, L. 2018, ch. 57, § 18; July 1.
History: L. 2015, ch. 4, § 17; L. 2016, ch. 45, § 9; Expired, June 30, 2017.
History: L. 2015, ch. 4, § 18; Repealed, L. 2018, ch. 57, § 18; July 1.
History: L. 2015, ch. 4, § 19; Repealed, L. 2018, ch. 57, § 18; July 1.
History: L. 2015, ch. 4, § 20; Repealed, L. 2018, ch. 57, § 18; July 1.
History: L. 2015, ch. 4, § 21; Repealed, L. 2018, ch. 57, § 18; July 1.
History: L. 2015, ch. 4, § 22; L. 2016, ch. 45, § 10; Repealed, L. 2018, ch. 57, § 18; July 1.
History: L. 2016, ch. 45, § 2; Repealed, L. 2017, ch. 95, § 109; July 1.
History: L. 2016, ch. 45, § 3; Expired, June 30, 2017.
History: L. 2016, ch. 45, § 4; Expired, June 30, 2017.
History: L. 2016, ch. 45, § 5; Expired, June 30, 2017.
As used in this act:
(a) "Board" or "board of education" means the board of education of any school district.
(b) "School district" means any unified school district organized and operating under the laws of this state.
(c) The words "provide or furnish transportation" in addition to their ordinary meaning shall mean and include the right of a school district to: (1) Purchase, operate and maintain school buses and other motor vehicles; (2) contract, lease or hire school buses and other motor vehicles for the transportation of pupils, students and school personnel; (3) purchase, operate and maintain buses other than school buses for the transportation of pupils, students or school personnel to or from school-related functions or activities; (4) contract, lease or hire buses other than school buses for the transportation of pupils, students and school personnel if the buses are owned and operated by a public common carrier of passengers under a certificate of convenience and necessity granted by the state corporation commission or the interstate commerce commission and are operating within the authority granted to the public common carrier; and (5) reimburse persons who furnish transportation to pupils, students or school personnel in privately owned motor vehicles.
(d) "Student" or "pupil" means any person regularly enrolled in a school district and attending school in such school district or regularly enrolled in a school district and attending school in another school district in accordance with the provisions of an agreement entered into under authority of K.S.A. 72-13,101, and amendments thereto.
(e) "Motor vehicle" means every motor vehicle, as defined in K.S.A. 8-126, and amendments thereto, which is designed for transporting 10 passengers or less.
(f) "Bus" means every motor vehicle, as defined in K.S.A. 8-126, and amendments thereto, which is designed for transporting more than 10 passengers in addition to the driver.
(g) "School bus" means: (1) Every bus designed primarily for the transportation of pupils, students or school personnel to or from school or to or from school-related functions or activities. This definition includes every such bus which is owned by a school district, or privately owned and contracted for, leased or hired by a school district, and operated for such transportation, and every such bus which is privately owned and operated for such transportation, but does not include within its meaning any bus designated in clauses (3) and (4) of subsection (c); and (2) every bus designed for operation as a common carrier in urban transportation. This definition includes every such bus which is owned and operated for mass public transportation by a metropolitan transit authority established under the provisions of article 28 of chapter 12 or article 31 of chapter 13 of Kansas Statutes Annotated, and is contracted for, leased or hired by a school district for the transportation of pupils, students or school personnel to or from school or to or from school-related functions or activities.
(h) "State board" means the state board of education.
History: L. 1968, ch. 401, § 1; L. 1976, ch. 40, § 2; L. 1978, ch. 303, § 2; L. 1984, ch. 261, § 16; L. 1991, ch. 220, § 6; L. 1997, ch. 183, § 1; L. 2001, ch. 142, § 2; July 1.
(a) The board of education of a school district may provide or furnish transportation for students who are enrolled in the school district to or from any school of the school district or to or from any school of another school district attended by such students in accordance with the provisions of an agreement entered into under authority of K.S.A. 72-13,101, and amendments thereto.
(b) (1) When any or all of the conditions specified in this provision exist, the board of education of a school district shall provide or furnish transportation for students who reside in the school district and who attend any school of the school district or who attend any school of another school district in accordance with the provisions of an agreement entered into under authority of K.S.A. 72-13,101, and amendments thereto. The conditions which apply to the requirements of this provision are as follows:
(A) The residence of the student is inside or outside the corporate limits of a city, the school building attended is outside the corporate limits of a city and the school building attended is more than 21/2 miles by the usually traveled road from the residence of the student; or
(B) the residence of the student is outside the corporate limits of a city, the school building attended is inside the corporate limits of a city and the school building attended is more than 21/2 miles by the usually traveled road from the residence of the student; or
(C) the residence of the student is inside the corporate limits of one city, the school building attended is inside the corporate limits of a different city and the school building attended is more than 21/2 miles by the usually traveled road from the residence of the student.
(2) The provisions of this subsection are subject to the provisions of subsections (c) and (d).
(c) The board of education of every school district is authorized to adopt rules and regulations to govern the conduct, control and discipline of all students while being transported in school buses. The board may suspend or revoke the transportation privilege or entitlement of any student who violates any rules and regulations adopted by the boardunder authority of this subsection.
(d) The board of education of every school district may suspend or revoke the transportation privilege or entitlement of any student who is detained at school at the conclusion of the school day for violation of any rules and regulations governing student conduct or for disobedience of an order of a teacher or other school authority. Suspension or revocation of the transportation privilege or entitlement of any student specified in this subsection shall be limited to the school day or days on which the student is detained at school. The provisions of this subsection do not apply to any student who has been determined to be an exceptional child, except gifted children, under the provisions of the special education for exceptional children act.
(e) (1) Subject to the limitations specified in this subsection, the board of education of any school district may prescribe and collect fees to offset, totally or in part, the costs incurred for the provision or furnishing of transportation for students. The limitations which apply to the authorization granted by this subsection are as follows:
(A) Fees for the provision or furnishing of transportation for students shall be prescribed and collected only to recover the costs incurred as a result of and directly attributable to the provision or furnishing of transportation for students and only to the extent that such costs are not reimbursed from any other source provided by law;
(B) fees for the provision or furnishing of transportation may not be assessed against or collected from any student who is counted in determining the transportation weighting of the school district under the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto, or any student who is determined to be a child with disabilities under the provisions of the special education for exceptional children act or any student who is eligible for free or reduced price meals under the national school lunch act or any student who is entitled to transportation under the provisions of K.S.A. 72-6491(a), and amendments thereto, and who resides 21/2 miles or more by the regular route of a school bus from the school attended;
(C) fees for the provision or furnishing of transportation for students in accordance with the provisions of an agreement entered into under authority of K.S.A. 72-13,101 or 72-6492, and amendments thereto, shall be controlled by the provisions of the agreement.
(2) All moneys received by a school district from fees collected under this subsection shall be deposited in the general fund of the district.
History: L. 1968, ch. 401, § 2; L. 1971, ch. 244, § 1; L. 1973, ch. 299, § 1; L. 1976, ch. 322, § 1; L. 1977, ch. 259, § 1; L. 1980, ch. 224, § 1; L. 1981, ch. 294, § 1; L. 1984, ch. 261, § 17; L. 1984, ch. 270, § 1; L. 1984, ch. 262, § 5; L. 1996, ch. 141, § 3; L. 1997, ch. 183, § 3; L. 2000, ch. 155, § 4; L. 2003, ch. 116, § 12; L. 2015, ch. 4, § 58; L. 2017, ch. 95, § 85; July 1.
(a) The board of education of a school district may prescribe the regular school routes on which transportation of its pupils is to be provided, and shall schedule the school bus and motor vehicle routes so that each pupil entitled to transportation will be transported to and from school on every school day.
(b) For the purposes of this section, the term regular school route includes any route arranged by the board of education for (1) transportation of its pupils to and from the residence of such pupils in another school district in accordance with an order issued by a board of education under the provisions of K.S.A. 72-3124, and amendments thereto; and (2) transportation of its pupils to and from any school attended in another school district in accordance with the provisions of an agreement entered into under authority of K.S.A. 72-13,101, and amendments thereto.
History: L. 1968, ch. 401, § 3; L. 1978, ch. 303, § 3; L. 1984, ch. 261, § 18; L. 1997, ch. 183, § 4; L. 1999, ch. 20, § 2; L. 2000, ch. 155, § 2; L. 2001, ch. 22, § 2; July 1.
In those cases where it is impracticable to reach a student's residence by the prescribed transportation route, and where such residence is more than one mile by road from the prescribed route; and in those cases where it is impracticable to schedule a school bus for the transportation of a student; the board of education may contract for the transportation of such student to the regularly prescribed school route or to the school building. Such contracts shall provide for the payment of mileage at a rate not to exceed the rate specified in K.S.A. 75-3203 and any amendments thereto for each mile actually traveled; shall be limited to two round trips per day on a route prescribed by the board of education; and shall be subject to any rules or regulations adopted by the board of education. In those cases, where more than one student is transported in the same vehicle, mileage shall be paid for only one student.
History: L. 1968, ch. 401, § 4; L. 1973, ch. 300, § 1; July 1.
The board of education of any school district or the board of trustees of any community junior college, which school district or community junior college is: (a) Participating in or cooperating in any vocational education course or program; (b) engaged in field trips in connection with any course or training; or (c) engaged in any extracurricular school activity, may provide and furnish transportation for students and school personnel of the school district or community junior college. The school district or community junior college may pay mileage for those school buses contracted, leased or hired for such purposes, and may adopt rules and regulations governing the use and operation of such school buses. All students so transported shall be under school control and discipline and in every case shall be accompanied by a suitable adult person.
History: L. 1968, ch. 401, § 5; L. 1971, ch. 245, § 1; L. 1973, ch. 302, § 1; July 1.
(a) Whenever any school district shall provide or furnish transportation under authority of this act for pupils attending the public schools, pupils residing in such school district attending private or parochial schools of elementary or high school grades which are accredited by the state board of education, who shall reside on or along the highway or street constituting the regular route of a school bus, or who shall gather at some place on the regular route nearest or most easily accessible to their homes or such schools, where such transportation is provided for pupils attending the public schools, shall be entitled to the privilege of such school bus transportation upon such regular route as arranged for the benefit of pupils attending public schools. For the purposes of this section, regular route shall not include any route arranged by the school district for the transportation of exceptional children to special education services.
(b) Whenever any school district shall provide or furnish transportation under authority of article 64 of chapter 72 of the Kansas Statutes Annotated for pupils attending the public schools, it may provide or furnish transportation for pupils residing in the district and attending private or parochial schools of elementary or high school grades which are accredited by the state board of education to such extent and upon such conditions as the school district shall deem appropriate. The authorization contained in this subsection (b) shall be in addition to the requirement provided in subsection (a) of this section.
(c) Whenever any school district shall provide or furnish transportation under authority of this section for pupils attending private or parochial schools, such transportation shall be provided or furnished to such pupils under the same terms and conditions as are imposed upon pupils attending the public schools.
History: L. 1968, ch. 401, § 6; L. 1978, ch. 304, § 1; July 1.
Every board of education may contract with any other board of education for transportation of students, if such contracts are consistent with K.S.A. 72-6487. Any board of education of a school district contracting to transport students of any other school district may transport such students and shall have all of the rights and powers granted under K.S.A. 72-6488, 72-6489, 72-6490 and 72-6491.
History: L. 1968, ch. 401, § 7; July 1.
All school buses, as defined in subsection (g)(1) of K.S.A. 72-6486, and amendments thereto, shall conform to the requirements of, and be operated in accordance with, the uniform act regulating traffic on highways. All school buses as defined in subsection (g) of K.S.A. 72-6486, and amendments thereto, and all buses designated in subsection (c)(3) of K.S.A. 72-6486, and amendments thereto, shall also conform to the requirements of, and be operated in accordance with, rules and regulations adopted by state board of education. In addition, the board of education may adopt such rules and regulations as are necessary to carry out the intent and purpose of this act.
History: L. 1968, ch. 401, § 8; L. 1975, ch. 427, § 235; L. 1978, ch. 303, § 4; L. 1994, ch. 201, § 7; July 1.
(a) The board of education of a school district shall not furnish or provide transportation for students who reside in another school district except in accordance with the written consent of the board of education of the school district in which such student resides, or in accordance with an order issued by a board of education under the provisions of K.S.A. 72-3124, and amendments thereto, or in accordance with the provisions of an agreement entered into under authority of K.S.A. 72-13,101, and amendments thereto.
(b) A school district may transport a nonresident student if such student boards the school bus within the boundaries or on the boundary of the transporting school district. To the extent that the provisions of this subsection conflict with the provisions of subsection (a), the provisions of subsection (a) shall control.
(c) No student who is furnished or provided transportation by a school district that is not the school district in which the student resides shall be counted in the computation of the school district's transportation weighting under the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto.
History: L. 1968, ch. 401, § 9; L. 1980, ch. 225, § 1; L. 1984, ch. 261, § 19; L. 1984, ch. 262, § 6; L. 1997, ch. 183, § 5; L. 1999, ch. 20, § 3; L. 2000, ch. 155, § 3; L. 2001, ch. 22, § 3; L. 2015, ch. 4, § 59; L. 2017, ch. 95, § 86; July 1.
If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional clause, paragraph, subsection or section.
History: L. 1968, ch. 401, § 13; July 1.
(a) Except as provided in subsections (b) and (c), any individual, firm, partnership, association or corporation who purchases a motor vehicle, which was operated by the seller thereof as a school bus, as defined in K.S.A. 8-1461, and any amendments thereto, is hereby required to repaint such vehicle a color other than yellow and disassemble and remove the "stop arm" therefrom and disconnect all flashing or rotating warning lights on such vehicle before it is operated on the public highways of this state for any purpose other than those set forth in the definitions of a school bus referred to in K.S.A. 8-1461, and amendments thereto.
(b) The provisions of subsection (a), shall not apply to a bus being used as a church bus or day care program bus, as defined in K.S.A. 8-1730a, and amendments thereto.
(c) Any not-for-profit organization, purchasing a used school bus under subsection (a), shall not be required to repaint such bus.
History: L. 1968, ch. 88, § 1; L. 1975, ch. 33, § 11; L. 1978, ch. 40, § 2; L. 1980, ch. 43, § 4; L. 2001, ch. 142, § 3; July 1.
Any individual, firm, partnership, association or corporation who operates such motor vehicle in violation of the requirements of this act shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not to exceed one hundred dollars ($100), or confined in the county jail for not more than thirty (30) days, or be both so fined and imprisoned.
History: L. 1968, ch. 88, § 2; July 1.
(a) Any board of education, pursuant to a policy developed and adopted by it, may provide for the use of district-owned or leased school buses when such buses are not being used for regularly required school purposes. The policy may provide for:
(1) (A) Transporting parents and other adults to or from school-related functions or activities; (B) transporting students to or from functions or activities sponsored by organizations, the membership of which is principally composed of children of school age; and (C) transporting persons engaged in field trips in connection with their participation in an adult education program maintained by the transporting school district or by any other school district, within or outside the boundaries of the transporting school district; and
(2) contracting with: (A) The governing body of any township, city or county for transportation of individuals, groups or organizations; (B) the governing authority of any nonpublic school for transportation of students attending such nonpublic school to or from interschool or intraschool functions or activities; (C) the board of trustees of any community college for transportation of students enrolled in such community college to or from attendance at class at the community college or to and from functions or activities of the community college; (D) a public recreation commission established and operated under the laws of this state, for any purposes related to the operation of the recreation commission and all programs and services thereof; (E) the board of education of any other school district for transportation, on a cooperative and shared-cost basis, of students, school personnel, parents and other adults to or from school-related functions or activities; or (F) a four-year college or university, area vocational school or area vocational-technical school for transportation of students to or from attendance at class at the four-year college or university, area vocational school or area vocational-technical school or for transportation of students, alumni and other members of the public to or from functions or activities of the four-year college or university, area vocational school or area vocational-technical school.
(b) The costs related to the use of school buses under the authority of this section shall not be considered in determining the transportation weighting of a school district under the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto.
(c) Transportation fees may be charged by the board to offset, totally or in part, the costs incurred for the use of school buses under authority of this section.
(d) Any revenues received by a board of education as transportation fees or under any contract entered into pursuant to this section shall be deposited in the general fund of the school district and shall be considered reimbursements to the school district for the purpose of the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto. Such revenues may be expended whether the same have been budgeted or not.
(e) The provisions of K.S.A. 8-1556(c), and amendments thereto, apply to the use of school buses under authority of this section.
History: L. 1984, ch. 270, § 2; L. 1993, ch. 264, § 6; L. 1995, ch. 237, § 1; L. 1997, ch. 133, § 1; L. 2003, ch. 116, § 13; L. 2015, ch. 4, § 60; L. 2017, ch. 95, § 87; July 1.
(a) The board of education of any school district, pursuant to a policy developed and adopted by the board, may provide that whenever the school district furnishes school bus transportation for pupils of the school district to or from attendance at class in an area vocational school, area vocational-technical school, technical college, community college, or four-year college or university, adults who are students enrolled at any such educational institution may be furnished such school bus transportation to or from attendance at class, on a space available basis, along with the pupils of the school district. Whenever any school district shall furnish transportation for adult students pursuant to a policy adopted under authority of this section, such transportation shall be furnished subject to such terms and conditions as the board of education of the school district shall impose.
(b) Fees for the furnishing of transportation for adult students pursuant to a policy adopted under authority of this section may be charged such adult students to offset, totally or in part, any costs incurred by a school district in the furnishing of such transportation, or such transportation may be furnished free of charge. Any revenues received by a board of education as fees charged adult students for transportation furnished under authority of this section shall be deposited in the general fund of the district and may be expended whether the same have been budgeted or not.
History: L. 1997, ch. 133, § 2; L. 2003, ch. 116, § 14; July 1.
(a) Except as provided by subsection (b), any school district or nonpublic school transporting students in a vehicle designed for transporting more than 10 passengers in addition to the driver, shall transport such students in a school bus, as defined in subsection (g) of K.S.A. 72-6486, and amendments thereto, or in a bus other than a school bus designated in clauses (3) and (4) of subsection (c) of K.S.A. 72-6486, and amendments thereto.
(b) Notwithstanding the provisions of subsection (a), any school district or nonpublic school which has purchased and has placed into operation prior to July 1, 2001, any motor vehicles designed for transporting more than 10 passengers, but less than 15 passengers, and is not a school bus, may continue to operate such motor vehicles for the purpose of transporting students until July 1, 2005.
History: L. 2001, ch. 142, § 1; July 1.
(a) The board of education of Fort Leavenworth, U.S.D. No. 207 may provide transportation for any pupil in grades 10 through 12 who resides on Fort Leavenworth military reservation, but who is enrolled in and attends high school in Leavenworth, U.S.D. No. 453.
(b) Solely for the purpose of computation of transportation weighting, as provided by this section, any pupil provided transportation pursuant to this section shall be counted as regularly enrolled in and attending school in U.S.D. No. 207 on September 20 of the current school year.
History: L. 2011, ch. 106, § 5; July 1.
(a) For the purpose of regulating the design and operation of school buses, whenever the secretary of transportation, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the state board of education.
(b) On the effective date of this act, the state board of education shall succeed to the custody and control of all records which were used for or pertain to the performance of powers, duties and functions imposed and conferred on the secretary of transportation under the provisions of this act. Any conflict as to the proper disposition of such records arising under this section, and resulting from the transfer of the powers, duties and functions of the secretary of transportation to the state board of education shall be resolved by the governor, whose decision shall be final.
(c) All rules and regulations of the secretary of transportation adopted pursuant to K.S.A. 8-2009, and amendments thereto, in existence on the effective date of this act, shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the state board of education, until revised, amended, revoked or nullified pursuant to law.
History: L. 1994, ch. 201, § 1; July 1.
There is hereby created the school bus safety fund in the state treasury which shall be administered by the state board of education. All expenditures from the school bus safety fund shall be for the purpose of regulating the design and operation of school buses. All expenditures from the school bus safety fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the state board of education or by the board's designee.
History: L. 1994, ch. 201, § 2; L. 1995, ch. 78, § 1; July 1.
History: L. 1992, ch. 280, §§ 37, 38; Expired, June 30, 1994.
History: L. 2014, ch. 93, § 29; Expired, January 12, 2015.
Revisor's Note: Section transferred to 72-5631.
Revisor's Note: Section transferred to 72-5632.
Revisor's Note: Section transferred to 72-5633.
Revisor's Note: Section transferred to 72-5634.
Revisor's Note: Section transferred to 72-5191.
History: L. 2005, ch. 2, § 2 (Special Session); Expired, June 30, 2007.
Revisor's Note: Section transferred to 72-5192.
History: L. 2005, ch. 152, § 30; L. 2006, ch. 197, § 25; Expired, June 30, 2010.
Revisor's Note: Section transferred to 72-5193.
Revisor's Note: Section transferred to 13-13a40.
History: L. 1961, ch. 365, § 2; Repealed, L. 1999, ch. 147, § 133; July 1, 2000.
Revisor's Note: Section transferred to 13-13a41.
History: L. 1999, ch. 147, § 61; Repealed, L. 2001, ch. 51, § 2; July 1.
Revisor's Note: Section transferred to 13-13a42.
History: L. 1961, ch. 365, § 5; L. 1969, ch. 310, § 40; L. 1971, ch. 185, § 14; L. 1999, ch. 147, § 63; L. 2001, ch. 5, § 292; Repealed, L. 2001, ch. 167, § 16; July 1.
Revisor's Note: Section transferred to 13-13a43.
Revisor's Note: Section transferred to 13-13a44.
Revisor's Note: Section transferred to 13-13a45.
Revisor's Note: Section transferred to 13-13a46.
History: L. 1961, ch. 366, §§ 1 to 8; Repealed, L. 1973, ch. 291, § 1; July 1.
Revisor's Note: Section transferred to 71-601.
History: L. 1961, ch. 363, § 2; L. 1963, ch. 390, § 2; L. 1965, ch. 417, § 18; Repealed, L. 1968, ch. 211, § 22; March 26.
Revisor's Note: Sections transferred to 71-602 through 71-606, respectively.
Revisor's Note: Section transferred to 13-13a47.
All roads, streets, driveways, and parking facilities for motor vehicles on the grounds of any school shall be under the care, control, maintenance and supervision of the board of education of the school district within which such school is located. The board is authorized to allocate and designate parking areas on the grounds of any school located within the school district governed by such board and may authorize schools located within the school district governed by such board to issue permits to use such parking areas to its officers or employees, and to the students attending such schools; and to allocate parking areas to those persons having business appointments, or to guests of such schools; and to impose such fines for misuse of such parking areas by the officers, employees, or students attending such schools, as shall be established by the rules and regulations of the board.
History: L. 1973, ch. 301, § 1; July 1.
The board of education of any school district, by formal resolution, may adopt rules and regulations governing the parking of motor vehicles upon the roads, streets, driveways and parking facilities within the grounds of any school located within the school district governed by such board and also rules and regulations prescribing speed limits on the roads, streets, driveways, grounds or parking facilities to which the same are applicable and in the manner prescribed by the board. Any board of education adopting rules and regulations under this section is authorized to enforce the same through its agents, security guards, or other employees.
History: L. 1973, ch. 301, § 2; July 1.
In those instances where a school is located within the corporate limits of a city, the board of education of any school district within which such school is located may agree or consent that ordinances of such city pertaining to parking and traffic regulations on city streets shall apply to all or part of the roads, streets and driveways on the grounds of such school, and when such agreement or consent has been made or given by the board, then such city ordinances shall apply to all or part of the roads, streets and driveways of the school as shall have been designated by the board in its agreement or consent. Persons violating such ordinances shall be subject to prosecution in the municipal court of the city and summonses may be issued by the city for such violations.
History: L. 1973, ch. 301, § 3; L. 1976, ch. 145, § 233; L. 1977, ch. 105, § 22; July 1.
The board of education of any school district may provide for the charging and collection of fees for the use of parking facilities at any school located within the school district governed by such board, and these and all fines for misuse of parking areas so collected shall be used by the board of education to benefit the school where collected for the purpose of the payment of the expense of enforcing the rules and regulations governing parking and speed limits and the construction, maintenance and repair of parking facilities at such school.
History: L. 1973, ch. 301, § 4; July 1.
History: L. 1961, ch. 359, § 1; Repealed, L. 1969, ch. 333, § 2; May 1.
History: L. 1961, ch. 359, §§ 2, 3; L. 1963, ch. 391, §§ 1, 2; Repealed, L. 1969, ch. 333, § 2; May 1.
History: L. 1961, ch. 359, §§ 4, 5; Repealed, L. 1969, ch. 333, § 2; May 1.
History: L. 1961, ch. 359, § 6; L. 1963, ch. 391, § 3; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1961, ch. 359, § 7; Repealed, L. 1969, ch. 333, § 2; May 1.
Revisor's Note: Section transferred to 72-7112.
History: L. 1965, ch. 418, §§ 2, 3; Repealed, L. 1969, ch. 333, § 2; May 1.
History: L. 1961, ch. 360, §§ 1, 2; Repealed, L. 1967, ch. 391, § 1; July 1.
History: L. 1961, ch. 360, § 3; L. 1963, ch. 392, § 1; Repealed, L. 1967, ch. 391, § 1; July 1.
History: L. 1961, ch. 360, § 4; Repealed, L. 1967, ch. 391, § 1; July 1.
History: L. 1961, ch. 360, § 5; L. 1963, ch. 392, § 2; Repealed, L. 1967, ch. 391, § 1; July 1.
History: L. 1961, ch. 360, § 6; L. 1963, ch. 392, § 3; Repealed, L. 1965, ch. 402, § 20; Repealed, L. 1967, ch. 391, § 1; May 1.
History: L. 1961, ch. 360, § 7; Repealed, L. 1967, ch. 391, § 1; July 1.
History: L. 1963, ch. 392, §§ 4, 5; Repealed, L. 1967, ch. 391, § 1; July 1.
History: L. 1965, ch. 542, §§ 1 to 4; Repealed, L. 1974, ch. 307, § 4; March 7.
Revisor's Note: Section transferred to 72-5216.
Revisor's Note: Section transferred to 72-5217.
Revisor's Note: Section transferred to 72-5218.
Revisor's Note: Section transferred to 72-5219.
History: L. 2006, ch. 188, § 2; Repealed, L. 2008, ch. 150, § 9; July 1.
Revisor's Note: Section transferred to 72-5220.
History: L. 2006, ch. 188, § 3; Repealed, L. 2008, ch. 150, § 9; July 1.
History: L. 1961, ch. 361, §§ 1 to 33; Repealed, L. 1965, ch. 419, § 1; June 30.
History: L. 1963, ch. 393, § 1; L. 1984, ch. 261, § 8; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1963, ch. 393, § 2; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1963, ch. 393, § 3; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1963, ch. 393, §§ 4 to 9; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1963, ch. 393, § 10; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1963, ch. 393, § 11; Repealed, L. 1984, ch. 261, § 20; July 1.
History: L. 1963, ch. 393, § 12; Repealed, L. 1968, ch. 59, § 45; July 1.
History: L. 1963, ch. 393, § 13; Repealed, L. 1970, ch. 279, § 1; July 1.
Revisor's Note: Section transferred to 72-8109 (now repealed).
Revisor's Note: Section transferred to 72-8201.
History: L. 1963, ch. 393, § 16; L. 1965, ch. 420, § 13; Repealed, L. 1968, ch. 59, § 45; July 1.
History: L. 1963, ch. 393, § 17; L. 1965, ch. 420, § 14; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1963, ch. 393, § 18; Repealed, L. 1965, ch. 420, § 29; February 23.
History: L. 1963, ch. 393, § 19; L. 1965, ch. 420, § 9; L. 1967, ch. 396, § 1; Repealed, L. 1968, ch. 59, § 45; July 1.
Revisor's Note: Section transferred to 72-8110.
History: L. 1967, ch. 397, § 2; Repealed, L. 1968, ch. 59, § 45; July 1.
Revisor's Note: Section transferred to 72-8111.
Revisor's Note: Section transferred to 72-8112.
Revisor's Note: Section transferred to 72-8203.
Revisor's Note: Section transferred to 72-8205.
Revisor's Note: Section transferred to 72-8212.
Revisor's Note: Section transferred to 72-8213.
Revisor's Note: Section transferred to 72-3125.
Revisor's Note: Section transferred to 72-7108.
History: L. 1963, ch. 393, § 26; Repealed, L. 1970, ch. 279, § 1; July 1.
Revisor's Note: Section transferred to 72-1151.
History: L. 1967, ch. 507, § 1; L. 1969, ch. 334, § 5; Repealed, L. 1971, ch. 233, § 1; July 1.
History: L. 2002, ch. 183, § 3; Expired, June 30, 2004.
Revisor's Note: Section transferred to 72-1152.
Revisor's Note: Section transferred to 72-1153.
Revisor's Note: Section transferred to 72-1154.
Revisor's Note: Section transferred to 72-1155.
Revisor's Note: Section transferred to 72-1156.
Revisor's Note: Section transferred to 72-1157.
Revisor's Note: Section transferred to 72-5457.
History: L. 1974, ch. 289, § 1; Repealed, L. 1999, ch. 8, § 1; July 1.
History: L. 1978, ch. 285, § 1; Repealed, L. 1999, ch. 8, § 1; July 1.
History: L. 1963, ch. 393, §§ 31, 33; Repealed, L. 1970, ch. 279, § 1; July 1.
Revisor's Note: Section transferred to 72-516.
Revisor's Note: Section transferred to 72-517.
Revisor's Note: Section transferred to 72-8113.
History: L. 1965, ch. 420, § 4; Repealed, L. 1968, ch. 59, § 45; July 1.
History: L. 1965, ch. 420, § 5; Repealed, L. 1970, ch. 279, § 1; July 1.
Revisor's Note: Section transferred to 72-8114.
Revisor's Note: Section transferred to 72-1077.
Revisor's Note: Section transferred to 72-7109.
History: L. 1965, ch. 420, § 8; Repealed, L. 1965, ch. 410, § 47; May 17.
History: L. 1965, ch. 420, § 10; L. 1968, ch. 59, § 38; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1965, ch. 420, § 11; Repealed, L. 1968, ch. 59, § 45; July 1.
History: L. 1965, ch. 420, §§ 15, 16; Repealed, L. 1970, ch. 279, § 1; July 1.
Revisor's Note: Section transferred to 72-641.
History: L. 1965, ch. 420, § 19; Repealed, L. 1970, ch. 279, § 1; July 1.
Revisor's Note: Section transferred to 72-7110.
Revisor's Note: Section transferred to 72-515.
Revisor's Note: Section transferred to 72-26,138.
History: L. 1965, ch. 420, § 22; L. 1967, ch. 401, § 1; Repealed, L. 1968, ch. 280, § 3; July 1.
Revisor's Note: Section transferred to 72-26,139.
Revisor's Note: Section transferred to 72-8115.
History: L. 1965, ch. 420, § 26; Repealed, L. 1967, ch. 402, § 1; July 1.
History: L. 1965, ch. 420, § 27; L. 1965, ch. 410, § 29; Repealed, L. 1968, ch. 59, § 45; July 1.
History: L. 1965, ch. 420, § 28; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1965, ch. 410, §§ 1, 2; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1965, ch. 410, § 3; Repealed, L. 1968, ch. 59, § 45; July 1.
History: L. 1965, ch. 410, § 4; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1965, ch. 410, § 5; L. 1967, ch. 403, § 2; Repealed, L. 1969, ch. 336, § 9; April 25.
History: L. 1967, ch. 403, § 1; Repealed, L. 1970, ch. 279, § 1; July 1.
Revisor's Note: Section transferred to 72-514.
History: L. 1965, ch. 410, § 7; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1965, ch. 410, § 8; L. 1967, ch. 404, § 1; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1965, ch. 410, § 9; L. 1967, ch. 405, § 1; Repealed, L. 1970, ch. 279, § 1; July 1.
Revisor's Note: Section transferred to 72-518.
Revisor's Note: Section transferred to 72-519.
Revisor's Note: Section transferred to 72-8204.
Revisor's Note: Section transferred to 72-8202.
History: L. 1965, ch. 410, §§ 19, 20; Repealed, L. 1968, ch. 59, § 45; July 1.
Revisor's Note: Section transferred to 72-8116.
History: L. 1965, ch. 410, § 22; Repealed, L. 1968, ch. 59, § 45; July 1.
Revisor's Note: Section transferred to 72-8117 (now repealed).
History: L. 1965, ch. 410, § 24; Repealed, L. 1968, ch. 59, § 45; July 1.
Revisor's Note: Section transferred to 72-8118.
Revisor's Note: Section transferred to 72-8119.
History: L. 1965, ch. 410, §§ 26, 27; Repealed, L. 1968, ch. 59, § 45; July 1.
History: L. 1965, ch. 410, § 30; Repealed, L. 2009, ch. 130, § 5; July 1.
Revisor's Note: Section transferred to 72-8210.
Revisor's Note: Section transferred to 72-8120.
History: L. 1965, ch. 410, § 34; Repealed, L. 2001, ch. 8, § 1; July 1.
History: L. 1965, ch. 410, § 35; L. 1968, ch. 59, § 42; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1965, ch. 410, § 36; Repealed, L. 1968, ch. 59, § 45; July 1.
Revisor's Note: Section transferred to 72-8214.
History: L. 1965, ch. 410, § 38; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1965, ch. 410, § 40; Repealed, L. 1968, ch. 59, § 45; July 1.
Revisor's Note: Section transferred to 72-3215.
Revisor's Note: Later act, see 72-8301 et seq.
History: L. 1965, ch. 410, § 43; Repealed, L. 1968, ch. 401, § 14; July 1.
History: L. 1965, ch. 410, §§ 45, 46; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1963, ch. 342, § 1; Repealed, L. 1974, ch. 304, § 9; March 20.
History: L. 1963, ch. 342, § 2; L. 1969, ch. 310, § 43; Repealed, L. 1974, ch. 304, § 9; March 20.
History: L. 1963, ch. 342, § 3; L. 1969, ch. 310, § 44; L. 1974, ch. 304, § 8; Repealed, L. 2011, ch. 97, § 50; July 1.
History: L. 1963, ch. 342, §§ 4 to 8; L. 1969, ch. 310, §§ 45 to 49; Repealed, L. 1974, ch. 304, § 9; March 20.
History: L. 1963, ch. 342, § 9; Repealed, L. 1974, ch. 304, § 9; March 20.
Revisor's Note: Section transferred to 74-32,233.
Revisor's Note: Section transferred to 74-32,234.
Revisor's Note: Section transferred to 74-32,235.
Revisor's Note: Section transferred to 74-32,236.
Revisor's Note: Section transferred to 74-32,237.
Revisor's Note: Section transferred to 74-32,238.
Revisor's Note: Section transferred to 74-32,239.
Revisor's Note: Section transferred to 71-702.
Revisor's Note: Section transferred to 71-701.
Revisor's Note: Section transferred to 71-801.
Revisor's Note: Sections transferred to 71-901, 71-902.
Revisor's Note: Sections transferred to 71-1001 through 71-1003.
Revisor's Note: Sections transferred to 71-1101, 71-1102.
Revisor's Note: Section transferred to 71-1108.
Revisor's Note: Section transferred to 71-1103.
Revisor's Note: Sections transferred to 71-1104 through 71-1107.
Revisor's Note: Section transferred to 71-1201.
Revisor's Note: Section transferred to 71-802.
History: L. 1965, ch. 417, § 13; Repealed, L. 1967, ch. 407, § 19; February 17.
Revisor's Note: Section transferred to 71-201.
Revisor's Note: Section transferred to 71-501.
Revisor's Note: Sections transferred to 71-1505, 71-1506.
Revisor's Note: Section transferred to 71-502.
Revisor's Note: Section transferred to 71-204.
Revisor's Note: Sections transferred to 71-401 through 71-403.
Revisor's Note: Section transferred to 71-301.
History: L. 1968, ch. 211, § 2; Repealed, L. 1971, ch. 236, § 4; July 1.
Revisor's Note: Section transferred to 71-302.
Revisor's Note: Section transferred to 71-203.
Revisor's Note: Section transferred to 71-1504.
Revisor's Note: Section transferred to 71-303.
History: L. 1965, ch. 417, §§ 25 to 29; Repealed, L. 1968, ch. 211, § 22; March 26.
Revisor's Note: Sections transferred to 71-1501, 71-1502.
History: L. 1965, ch. 417, § 32; Repealed, L. 1968, ch. 211, § 22; March 26.
History: L. 1965, ch. 417, § 33; Repealed, L. 1967, ch. 407, § 19; February 17.
Revisor's Note: Section transferred to 71-1503.
Revisor's Note: Sections transferred to 71-1401 through 71-1408.
Revisor's Note: Sections transferred to 71-1409 through 71-1411.
Revisor's Note: Sections transferred to 71-1412 through 71-1421.
Revisor's Note: Sections transferred to 71-205 through 71-209.
Revisor's Note: Sections transferred to 71-1301 through 71-1309.
History: L. 1965, ch. 402, § 1; Repealed, L. 1973, ch. 292, § 56; June 1.
History: L. 1965, ch. 402, § 2; L. 1967, ch. 409, § 1; Repealed, L. 1973, ch. 292, § 56; June 1.
History: L. 1968, ch. 210, § 7; Repealed, L. 1973, ch. 292, § 56; June 1.
History: L. 1965, ch. 402, § 3; L. 1968, ch. 210, § 1; Repealed, L. 1973, ch. 292, § 56; June 1.
History: L. 1965, ch. 402, § 4; L. 1967, ch. 409, § 2; L. 1972, ch. 272, § 1; Repealed, L. 1973, ch. 292, § 56; June 1.
History: L. 1965, ch. 402, § 5; L. 1967, ch. 409, § 3; L. 1968, ch. 210, § 2; Repealed, L. 1973, ch. 292, § 56; June 1.
History: L. 1965, ch. 402, §§ 6, 7; L. 1967, ch. 409, §§ 4, 19; Repealed, L. 1973, ch. 292, § 56; June 1.
History: L. 1965, ch. 402, § 8; L. 1967, ch. 409, § 5; Repealed, L. 1973, ch. 292, § 56; June 1.
History: L. 1965, ch. 402, § 9; L. 1967, ch. 409, § 6; Repealed, L. 1973, ch. 292, § 56; June 1.
History: L. 1965, ch. 402, § 10; L. 1967, ch. 409, § 7; L. 1968, ch. 210, § 3; Repealed, L. 1973, ch. 292, § 56; June 1.
History: L. 1965, ch. 402, §§ 11, 12; L. 1967, ch. 409, §§ 8, 9; Repealed, L. 1973, ch. 292, § 56; June 1.
History: L. 1965, ch. 402, § 13; Repealed, L. 1968, ch. 210, § 8; June 1.
History: L. 1965, ch. 402, § 14; L. 1967, ch. 409, § 10; L. 1968, ch. 210, § 4; L. 1969, ch. 344, § 6; Repealed, L. 1973, ch. 292, § 56; June 1.
History: L. 1965, ch. 402, § 15; L. 1966, ch. 9, § 1 (Special Session); Repealed, L. 1967, ch. 409, § 20; May 2.
History: L. 1965, ch. 402, § 16; L. 1966, ch. 9, § 2 (Special Session); L. 1967, ch. 409, § 17; Repealed, L. 1973, ch. 292, § 56; June 1.
History: L. 1965, ch. 402, § 17; Repealed, L. 1967, ch. 409, § 20; May 2.
History: L. 1967, ch. 409, §§ 11 to 13; Repealed, L. 1973, ch. 292, § 56; June 1.
History: L. 1967, ch. 409, § 14; L. 1968, ch. 210, § 5; Repealed, L. 1973, ch. 292, § 56; June 1.
History: L. 1967, ch. 409, § 15; L. 1968, ch. 210, § 6; L. 1969, ch. 345, § 1; Repealed, L. 1973, ch. 292, § 56; June 1.
History: L. 1969, ch. 345, § 2; L. 1970, ch. 288, § 1; Repealed, L. 1973, ch. 292, § 56; June 1.
History: L. 1967, ch. 409, §§ 16, 18; Repealed, L. 1973, ch. 292, § 56; June 1.
History: L. 1970, ch. 289, §§ 1 to 5; Repealed, L. 1973, ch. 292, § 56; June 1.
History: L. 1973, ch. 292, §§ 1, 2; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 3; L. 1980, ch. 217, § 4; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 4; L. 1975, ch. 377, § 1; L. 1976, ch. 317, § 1; L. 1977, ch. 240, § 4; L. 1980, ch. 217, § 5; L. 1981, ch. 287, § 1; L. 1984, ch. 261, § 10; L. 1986, ch. 275, § 1; L. 1988, ch. 282, § 1; L. 1989, ch. 218, § 1; L. 1991, ch. 219, § 2; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 5; L. 1980, ch. 217, § 6; L. 1986, ch. 275, § 2; L. 1991, ch. 219, § 3; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 6; L. 1977, ch. 251, § 1; L. 1982, ch. 298, § 1; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 7; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 8; L. 1978, ch. 296, § 1; L. 1982, ch. 298, § 2; L. 1989, ch. 218, § 2; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 9; L. 1986, ch. 275, § 3; L. 1991, ch. 219, § 4; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 10; L. 1974, ch. 309, § 1; L. 1978, ch. 297, § 1; L. 1984, ch. 261, § 11; L. 1986, ch. 275, § 4; L. 1991, ch. 219, § 5; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 11; L. 1981, ch. 74, § 16; L. 1982, ch. 298, § 3; L. 1989, ch. 218, § 3; L. 1991, ch. 228, § 1; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 12; L. 1978, ch. 296, § 2; L. 1984, ch. 268, § 1; L. 1989, ch. 218, § 4; L. 1990, ch. 257, § 1; L. 1991, ch. 228, § 2; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 13; L. 1974, ch. 309, § 2; L. 1975, ch. 378, § 1; L. 1976, ch. 318, § 1; L. 1977, ch. 251, § 2; L. 1978, ch. 296, § 3; L. 1979, ch. 221, § 1; L. 1980, ch. 19, § 13; L. 1982, ch. 298, § 4; L. 1984, ch. 268, § 2; L. 1987, ch. 274, § 1; L. 1988, ch. 282, § 2; L. 1989, ch. 218, § 5; L. 1991, ch. 228, § 3; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 14; L. 1975, ch. 378, § 2; L. 1976, ch. 318, § 2; L. 1982, ch. 298, § 5; L. 1986, ch. 275, § 5; L. 1988, ch. 282, § 3; L. 1989, ch. 218, § 6; L. 1990, ch. 257, § 2; L. 1991, ch. 228, § 4; L. 1991, ch. 229, § 1; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 15; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 16; L. 1975, ch. 378, § 3; L. 1976, ch. 318, § 3; L. 1977, ch. 252, § 1; L. 1978, ch. 296, § 4; L. 1979, ch. 221, § 2; L. 1980, ch. 19, § 14; L. 1981, ch. 32, § 73; L. 1982, ch. 298, § 6; L. 1984, ch. 268, § 3; L. 1987, ch. 274, § 2; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 17; L. 1978, ch. 296, § 5; L. 1982, ch. 298, § 7; Repealed, L. 1984, ch. 268, § 9; July 1.
History: L. 1982, ch. 298, § 8; L. 1984, ch. 268, § 4; L. 1987, ch. 274, § 3; L. 1989, ch. 218, § 7; L. 1990, ch. 257, § 3; L. 1991, ch. 228, § 5; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 18; L. 1975, ch. 379, § 1; L. 1976, ch. 318, § 4; L. 1978, ch. 297, § 2; L. 1984, ch. 261, § 12; L. 1986, ch. 275, § 6; L. 1991, ch. 228, § 6; L. 1991, ch. 219, § 6; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 19; L. 1974, ch. 309, § 3; L. 1976, ch. 311, § 1; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 20; L. 1974, ch. 309, § 4; L. 1976, ch. 311, § 7; L. 1984, ch. 269, § 1; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 21; L. 1974, ch. 309, § 5; L. 1976, ch. 311, § 8; L. 1984, ch. 269, § 2; L. 1987, ch. 275, § 1; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, §§ 22, 23; L. 1976, ch. 311, §§ 9, 10; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 24; L. 1982, ch. 298, § 10; L. 1986, ch. 275, § 7; L. 1991, ch. 219, § 7; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 25; L. 1982, ch. 298, § 11; L. 1989, ch. 218, § 8; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 26; L. 1974, ch. 310, § 2; L. 1975, ch. 378, § 4; L. 1976, ch. 318, § 5; L. 1977, ch. 252, § 2; L. 1978, ch. 296, § 6; L. 1979, ch. 221, § 3; L. 1980, ch. 19, § 15; L. 1982, ch. 298, § 12; L. 1984, ch. 268, § 5; L. 1986, ch. 275, § 8; L. 1987, ch. 274, § 4; L. 1988, ch. 282, § 4; L. 1989, ch. 218, § 9; L. 1990, ch. 257, § 4; L. 1991, ch. 228, § 7; L. 1991, ch. 229, § 2; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1974, ch. 310, § 1; L. 1975, ch. 378, § 5; L. 1976, ch. 318, § 6; Repealed, L. 1977, ch. 252, § 6; July 1.
History: L. 1982, ch. 298, § 9; Repealed, L. 1984, ch. 268, § 9; July 1.
History: L. 1973, ch. 292, § 27; L. 1979, ch. 52, § 178; L. 1982, ch. 298, § 13; L. 1987, ch. 274, § 5; L. 1991, ch. 228, § 8; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 28; L. 1978, ch. 296, § 7; L. 1982, ch. 298, § 14; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 29; L. 1978, ch. 296, § 8; L. 1980, ch. 218, § 2; L. 1982, ch. 298, § 15; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 30; L. 1982, ch. 298, § 16; L. 1986, ch. 275, § 9; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 31; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 32; L. 1982, ch. 298, § 17; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 33; L. 1974, ch. 309, § 6; L. 1975, ch. 68, § 4; L. 1979, ch. 223, § 4; L. 1979, ch. 220, § 12; L. 1984, ch. 268, § 6; L. 1986, ch. 275, § 10; L. 1987, ch. 274, § 6; L. 1988, ch. 283, § 1; L. 1990, ch. 258, § 7; L. 1990, ch. 259, § 6; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 34; L. 1974, ch. 311, § 13; L. 1977, ch. 252, § 3; L. 1979, ch. 223, § 5; L. 1979, ch. 220, § 13; L. 1979, ch. 221, § 4; L. 1986, ch. 275, § 11; L. 1989, ch. 219, § 1; L. 1990, ch. 258, § 8; L. 1990, ch. 259, § 7; L. 1991, ch. 229, § 5; L. 1992, ch. 280, § 54; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1978, ch. 296, § 9; L. 1982, ch. 299, § 1; L. 1984, ch. 268, § 7; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 35; L. 1977, ch. 251, § 3; L. 1979, ch. 223, § 6; L. 1984, ch. 268, § 8; L. 1986, ch. 275, § 12; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 36; L. 1976, ch. 311, § 11; L. 1982, ch. 298, § 18; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 37; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 38; L. 1975, ch. 378, § 6; L. 1976, ch. 318, § 7; L. 1978, ch. 296, § 10; L. 1979, ch. 221, § 5; L. 1984, ch. 269, § 3; L. 1988, ch. 380, § 2; L. 1989, ch. 303, § 6; L. 1990, ch. 257, § 5; L. 1991, ch. 228, § 9; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 39; L. 1975, ch. 378, § 7; L. 1984, ch. 269, § 4; L. 1990, ch. 257, § 6; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, §§ 40, 41; Repealed, L. 1976, ch. 311, § 17; July 1.
History: L. 1973, ch. 292, § 42; L. 1974, ch. 313, § 1; L. 1975, ch. 378, § 8; L. 1977, ch. 252, § 4; L. 1978, ch. 296, § 11; L. 1979, ch. 220, § 14; L. 1979, ch. 221, § 6; L. 1980, ch. 223, § 1; L. 1985, ch. 245, § 1; L. 1990, ch. 260, § 1; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 43; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 44; Repealed, L. 1975, ch. 378, § 10; July 1.
History: L. 1973, ch. 292, § 45; L. 1978, ch. 296, § 12; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, §§ 46, 47; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 48; L. 1982, ch. 298, § 19; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 292, § 55; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1973, ch. 285, § 1; L. 1974, ch. 310, § 3; L. 1975, ch. 378, § 9; L. 1976, ch. 318, § 8; L. 1977, ch. 252, § 5; L. 1978, ch. 296, § 13; L. 1979, ch. 221, § 7; Repealed, L. 1982, ch. 298, § 24; July 1.
Revisor's Note: Section transferred to 72-5129.
History: L. 1991, ch. 229, § 3; Repealed, L. 1992, ch. 280, § 68; July 1.
Revisor's Note: Section transferred to 72-521.
Revisor's Note: Section transferred to 72-522.
Revisor's Note: Section transferred to 72-523.
Revisor's Note: Section transferred to 72-524.
Revisor's Note: Section transferred to 72-525.
Revisor's Note: Section transferred to 72-526.
Revisor's Note: Section transferred to 72-527.
Revisor's Note: Section transferred to 72-528.
Revisor's Note: Section transferred to 72-529.
Revisor's Note: Section transferred to 72-531.
Revisor's Note: Section transferred to 72-532.
History: L. 1963, ch. 393, § 25; L. 1965, ch. 410, § 6; L. 1967, ch. 400, § 1; L. 1968, ch. 394, § 1; L. 1969, ch. 346, § 1; L. 1970, ch. 290, § 1; L. 1988, ch. 356, § 280; L. 1989, ch. 283, § 14; L. 1999, ch. 165, § 13; L. 2002, ch. 196, § 8; Repealed, L. 2003, ch. 104, § 9; July 1.
Revisor's Note: Section transferred to 72-533.
Revisor's Note: Section transferred to 72-534.
History: L. 1968, ch. 52, § 2; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1963, ch. 391, § 4; L. 1965, ch. 418, § 1; L. 1968, ch. 104, § 1; Repealed, L. 1969, ch. 333, § 2; May 1.
Revisor's Note: Section transferred to 72-530.
(a) Any association with a majority of the high schools of the state as members and the purpose of which association is the statewide regulation, supervision, promotion and development of any of the activities defined in K.S.A. 72-7117, and amendments thereto, and in which any public high school of this state may participate directly or indirectly shall:
(1) On or before September 1 of each year make a full report of its operation for the preceding calendar year to the state board of education. The report shall contain a complete and detailed financial statement under the certificate of a certified public accountant.
(2) File with the state board a copy of all reports and publications issued from time to time by such association.
(3) Be governed by a board of directors which shall exercise the legislative authority of the association and shall establish policy for the association.
(4) Submit to the state board of education, for its approval or disapproval prior to adoption, any amendments, additions, alterations or modifications of its articles of incorporation or bylaws. If any articles of incorporation, bylaws or any amendment, addition or alteration thereto is disapproved by the state board of education, the same shall not be adopted.
(5) Establish a system for the classification of member high schools according to student attendance.
(6) Be subject to the provisions of the Kansas open meetings law.
(7) Be subject to the provisions of the open records law.
(b) (1) The board of directors shall consist of not less than 60 members as follows:
(A) At least eight directors shall be members of boards of education, elected by local boards of education. At least two of such directors shall be elected from each congressional district of the state;
(B) at least two directors shall be representatives of the state board of education, appointed by the state board;
(C) (i) directors who are representatives of the senior high schools which are affiliated with a league shall be elected by the league;
(ii) the senior high schools which are not affiliated with a league shall be represented by at least one director;
(D) at least four directors shall be representatives of the middle/junior high schools, elected by the middle/junior high schools;
(E) at least one director shall be representative of and selected by athletic administrators;
(F) at least one director shall be representative of and selected by coaches;
(G) at least one director shall be representative of and selected by speech communications educators;
(H) at least one director shall be representative of and selected by music educators; and
(I) at least one director shall be representative of and selected by scholars' bowl coaches.
(2) The directors appointed by the state board of education from the public at-large prior to July 1, 2014, whose terms are set to expire after July 1, 2014, may continue to serve on the board of directors until such director's term expires. Upon the expiration of the term of any such director, the governor shall appoint a successor member of the board of directors. In the event of a vacancy or the expiration of the term of any director appointed by the governor, the governor shall appoint a successor member of the board of directors. Any person appointed by the governor shall not be employed by any school affiliated with a league in the Kansas state high school activities association, nor shall such person be a member of the state board of education. The governor shall be provided a list of those directors appointed pursuant to subsection (b)(1). The governor shall make appointments pursuant to this subsection in order to attain, when necessary, and insofar as possible, representation of ethnic minority groups and both genders on the board of directors and to ensure that a resident from each congressional district is appointed to the board of directors.
(3) All directors are limited to six consecutive years of service.
(c) (1) An executive board which shall be responsible for the administration, enforcement and interpretation of policy established by the board of directors shall be elected by the board of directors from its membership, provided that a director shall serve at least one year as a member of the board of directors prior to being elected to the executive board.
(2) At least two members of the board of directors elected to the executive board shall be directors appointed by the governor under subsection (b)(2), provided such directors are eligible for election to the executive board under this subsection. Members of the executive board elected pursuant to this paragraph shall only be eligible to serve on the executive board during the second, fourth and sixth years of such director's term.
(3) Insofar as possible, membership on the executive board shall be representative of ethnic minority groups, both genders, and all geographical areas of the state.
(d) An appeal board which shall be responsible for conducting hearings provided for in K.S.A. 72-7118, and amendments thereto, shall be elected as provided in this subsection. The appeal board shall consist of eight members. The membership of the appeal board shall include four members who are board of education members, elected by the boards of education of the member schools of the association; and four members who are school administrators, elected by the member schools of the association. No member of the board of directors shall be eligible for election to membership on the appeal board. All members of the appeal board are limited to six consecutive years of service.
(e) The executive board is authorized to employ an executive director and such other personnel as may be necessary to the exercise of the powers and the performance of the functions and duties of the board of directors, the executive board, and the appeal board. The executive director and all other personnel, except custodial, clerical or maintenance personnel, employed by the executive board pursuant to this subsection, shall file written statements of substantial interests, as provided by K.S.A. 46-248 through 46-252, and amendments thereto.
History: L. 1955, ch. 341, § 1; L. 1957, ch. 375, § 1; L. 1969, ch. 311, § 1; L. 1977, ch. 239, § 1; L. 1984, ch. 261, § 2; L. 1992, ch. 262, § 7; L. 1993, ch. 245, § 1; L. 2014, ch. 65, § 1; July 1.
Any association or corporation referred to in K.S.A. 72-7114, and amendments thereto, which shall fail or refuse to comply with the provisions of this act, as amended, shall forfeit its right to do business and it shall be the duty of the attorney general to institute a proper proceeding to enforce such forfeiture and to have a receiver appointed to liquidate the affairs of such association or corporation. Any assets of such association or corporation remaining after such liquidation shall be paid over to the state board of education to be equitably distributed to the member schools.
History: L. 1955, ch. 341, § 2; L. 1969, ch. 311, § 2; L. 1977, ch. 239, § 2; April 9.
On or after the effective date of this act, it shall be unlawful for any board of education of any school district, or for any school administrator or official of any school district to pay or authorize or approve the payment of any amount from any public or activity fund of the school district to a private association or corporation having for its purpose the promotion, development and direction of activities and contests between such schools in this state and which shall not comply with the provisions of K.S.A. 72-7114 to 72-7118, inclusive. Any member of a board of education of any school district who shall vote to authorize or approve any such payment or any school administrator or official who shall pay or authorize or approve any such payment shall be personally liable for any amount so paid. Payment of dues to an association or corporation complying with the provisions of this act and the right of such association or corporation to receive and dispose of any funds so received are hereby authorized.
History: L. 1955, ch. 341, § 3; L. 1957, ch. 375, § 2; L. 1969, ch. 311, § 3; L. 1977, ch. 239, § 3; April 9.
As used in this act, unless the context otherwise requires: (a) "Activities" means school activities and contests in the fields of athletics, music, forensics, dramatics and any other interschool extracurricular activities by students enrolled in any of the grades from seven (7) to twelve (12), inclusive.
(b) "Board of education" means the board of education of a school district and the governing authority of any accredited nonpublic school.
(c) "School district" means any public school district.
History: L. 1955, ch. 341, § 4; L. 1957, ch. 375, § 3; L. 1969, ch. 311, § 4; L. 1977, ch. 239, § 4; April 9.
(a) In accordance with such procedures as the board of directors shall prescribe, any student, the parent or guardian of any student, or any member school aggrieved by any decision of the board of directors or the executive board of the association, or any of its officers or employees, may appeal the decision by notifying the executive director of the association who shall arrange for a hearing before the appeal board of such association. The appeal board shall hear the appeal within 10 days after notification of the appeal has been filed unless the 10-day period is extended for an additional period of time as specified and agreed upon by the parties to the hearing.
(b) In the case of an appeal from a decision of the board of directors, notification of the appeal shall be filed within 30 days from the date of publication of such decision. The appeal board shall render a written opinion not later than five days after the close of the hearing, setting forth its findings of fact and recommendation as to the determination of the issues. The appeal board may recommend that the decision of the board of directors be sustained or that such decision be reconsidered and revoked, modified or amended. The appeal board may recommend to the board of directors proposed amendments or modifications of such decision, but the board of directors shall not be bound by the recommendations of the appeal board. The recommendations of the appeal board shall be submitted to the board of directors which, after considering the recommendations, shall make a final determination of the matter.
(c) In the case of an appeal from a decision of the executive board or any officer or employee of the association, notification of the appeal shall be filed within 30 days from the date on which notice of such decision is received. The appeal board shall render a written decision not later than five days after the close of the hearing, setting forth the reasons for its decision and the decision of the appeal board shall be final.
(d) The hearing provided for in this section shall be an open hearing unless the appellant requests that the hearing be closed. A quorum of five members of the appeal board shall be required for the purpose of hearing any appeal under this section and a majority vote of the members present for such hearing shall be required for any action of the appeal board. No member of the appeal board, in the member's capacity as such member, shall participate in the hearing of any appeal or act upon any matter which involves or will affect any school with which such member is associated by reason of employment or the holding of the position of board of education member.
History: L. 1955, ch. 341, § 5; L. 1957, ch. 375, § 4; L. 1969, ch. 311, § 5; L. 1977, ch. 239, § 5; L. 1993, ch. 245, § 2; July 1.
(a) This section shall be known and may be cited as the school sports head injury prevention act.
(b) As used in this section:
(1) "School" means any public or accredited private high school, middle school or junior high school.
(2) "Health care provider" means a person licensed by the state board of healing arts to practice medicine and surgery.
(c) The state board of education, in cooperation with the Kansas state high school activities association, shall compile information on the nature and risk of concussion and head injury including the dangers and risks associated with the continuation of playing or practicing after a person suffers a concussion or head injury. Such information shall be provided to school districts for distribution to coaches, school athletes and the parents or guardians of school athletes.
(d) A school athlete may not participate in any sport competition or practice session unless such athlete and the athlete's parent or guardian have signed, and returned to the school, a concussion and head injury information release form. A release form shall be signed and returned each school year that a student athlete participates in sport competitions or practice sessions.
(e) If a school athlete suffers, or is suspected of having suffered, a concussion or head injury during a sport competition or practice session, such school athlete immediately shall be removed from the sport competition or practice session.
(f) Any school athlete who has been removed from a sport competition or practice session shall not return to competition or practice until the athlete is evaluated by a health care provider and the health care provider provides such athlete a written clearance to return to play or practice. If the health care provider who provides the clearance to return to play or practice is not an employee of the school district, such health care provider shall not be liable for civil damages resulting from any act or omission in the rendering of such care, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
(g) This section shall take effect on and after July 1, 2011.
History: L. 2011, ch. 114, § 17; June 9.
(a) The Kansas state high school activities association and its member high schools, and administrators, principals, coaches, teachers and other affiliated with such association and member high schools, shall not adopt any rules and regulations or interpret any existing rule and regulation in any manner which would prohibit a student athlete from training with any Kansas state high school league-sponsored sport or competition while the student athlete is participating in nonschool swimming athletic training or diving athletic training, or both, during the high school sport season and throughout the year if:
(1) The nonschool swimming athletic training or diving athletic training, or both, is under the jurisdiction of and sanctioned by the national governing body of the sport, U.S.A. swimming, inc., or U.S.A. diving, inc. and is conducted in a manner which protects the health and safety of the student athlete; and
(2) the student athlete meets the reasonable and ordinary school-established requirements for participation in the student athlete's high school swimming program or diving program, or both, including requirements designed to protect the health and safety of such student athlete.
(b) This section shall take effect on and after July 1, 2011.
History: L. 2011, ch. 114, § 18; June 9.
(a) (1) Any student who meets the requirements of this section shall be permitted to participate in any activities offered by a school district that are regulated, supervised, promoted and developed by the activities association referred to in K.S.A. 72-7114, and amendments thereto.
(2) Any student participating in an activity pursuant to paragraph (1) shall also be permitted to participate in any district-sponsored events, ceremonies, programs or other functions directly related to such activity.
(3) The board of education of a school district may adopt policies regarding the participation of those students who are participating in an activity pursuant to paragraph (1) in district-sponsored events, ceremonies, programs or other functions that are not directly related to such activity.
(b) A student shall be permitted to participate in any such activities if such student:
(1) (A) Is a resident of the school district;
(B) is enrolled and attending a virtual school as defined in K.S.A. 72-3712, and amendments thereto, or a nonpublic elementary or secondary school;
(C) complies with the requirements of K.S.A. 72-6262, and amendments thereto, prior to participation in any such activity;
(D) meets any applicable age and eligibility requirements set forth by the activities association referred to in K.S.A. 72-7114, and amendments thereto, that are not otherwise in conflict with this section;
(E) pays any fees required by the school district for participation in such activity if such fees are generally imposed upon all other students who participate in such activity; and
(F) seeks participation at the appropriate school of the school district that corresponds to where such student resides within the school district's respective school attendance boundaries established by the board of education of the school district; or
(2) (A) Is enrolled in and attending the Kansas academy of mathematics and science as defined in K.S.A. 72-3903, and amendments thereto;
(B) complies with the requirements of K.S.A. 72-6262, and amendments thereto, prior to participation in any such activity;
(C) meets any applicable age and eligibility requirements set forth by the activities association referred to in K.S.A. 72-7114, and amendments thereto, that are not otherwise in conflict with this section;
(D) pays any fees required by the school district for participation in such activity if such fees are generally imposed upon all other students who participate in such activity; and
(E) seeks participation at the appropriate school of the school district that corresponds to where the postsecondary educational institution designated by the state board of regents for the Kansas academy of mathematics and science program.
(c) (1) Any student attending a home school who seeks to participate in an activity in the student's resident school district shall be deemed to meet any academic eligibility requirements established by the activities association for participation in an activity if:
(A) The student is maintaining satisfactory progress towards achievement or promotion to the next grade level; and
(B) the parent, teacher or organization that provides instruction to the student submits an affidavit or transcript to the activities association indicating the student meets the academic eligibility requirements of subparagraph (A).
(2) Upon submission of an affidavit, the student attending a home school shall be deemed to meet any academic eligibility requirements established by the activities association and shall retain such academic eligibility during the activity season for which such affidavit is submitted.
(d) Except as provided in subsection (e), a student attending a virtual school as defined in K.S.A. 72-3712, and amendments thereto, who seeks to participate in an activity in the student's resident school district shall not be required to enroll in or attend a minimum number of courses at such school district.
(e) The board of education of a school district may require a student who participates in an activity pursuant to this section to enroll in a particular course or complete a particular course as a condition of participation, if such requirement is imposed upon all other students who participate in such activity.
(f) Except as provided in subsection (c), any student who seeks to participate in an activity pursuant to this section shall be subject to any tryout or other participation requirements that are otherwise applicable to all other students for participation in the activity.
(g) Any student enrolled in a school operated by a school district who withdraws from such school district and subsequently enrolls in an accredited private school, a nonpublic elementary or secondary school, as defined in K.S.A. 72-4345, and amendments thereto, or a virtual school, as defined in K.S.A. 72-3712, and amendments thereto, shall not be eligible for full participation in any activities offered by such school district immediately following such student's withdrawal in accordance with the academic eligibility policies of the activities association referred to in K.S.A. 72-7114, and amendments thereto, unless such student was eligible for full participation in any such activities pursuant to the eligibility policies of such school district and the activities association referred to in K.S.A. 72-7114, and amendment thereto, on the date of withdrawal and such student participates in such activities at the school from which such student withdrew. Such student may be permitted limited participation in any such activities in accordance with the eligibility policies of such school district and the activities association referred to in K.S.A. 72-7114, and amendments thereto.
(h) Any student who meets the requirements of this section and participates in activities described in subsection (a) shall be entitled to all rights and subject to all responsibilities of any other participating student, except as otherwise provided in this section, regardless of such student's enrollment status.
(i) It shall be unlawful for any school district or the activities association referred to in K.S.A. 72-7114, and amendments thereto, to discriminate against any student who meets the requirements of this section based on such student's enrollment status.
History: L. 2023, ch. 98, § 5; L. 2024, ch. 111, § 20; L. 2025, ch. 69, § 1; May 1.
(a) The activities association referred to in K.S.A. 72-7114, and amendments thereto, shall not prohibit a student primarily enrolled in and attending a nonpublic school who enrolls part time in a public school from participating in any activity available to such student as part of such student's primary enrollment and attendance at a nonpublic school.
(b) This section shall take effect on and after July 1, 2023.
History: L. 2023, ch. 98, § 6; June 8.
(a) If the association enters into or renews an exclusive broadcast agreement for a regular season activity or postseason activity, such agreement shall not prohibit local broadcasters from broadcasting a school's regular season activity or postseason activity if the local broadcasters:
(1) Provide broadcast services for the school that is participating in the postseason activity;
(2) broadcast at least
1/3 of the events of such activity during the regular season; and
(3) entered into valid broadcast agreements to broadcast the events of the activity during the regular season.
(b) The provisions of this section shall not prohibit the association from requiring local broadcasters to enter into regular season or postseason broadcast agreements with stipulations that may include, but are not limited to:
(1) Reasonable compensation for broadcasts, except that no fee shall be charged for such broadcasts;
(2) approval by host site;
(3) limitations on organizations that are permitted to sponsor part of the broadcast; and
(4) requirements for competent and professional announcers.
(c) As used in this section:
(1) "Activity" and "activities" mean the same as defined in K.S.A. 72-7117, and amendments thereto.
(2) "Association" means the state high school activities association or any association authorized by K.S.A. 72-7114, and amendments thereto.
(3) "Broadcast" means the live or recorded audio or video transmission of an activity, play-by-play or similar accounts of such activity via radio, television, internet or other technologies.
(4) "Exclusive broadcast agreement" means an agreement entered into between the association and an organization to broadcast association activities under which such organization retains sole rights to broadcast such activities or first right to broadcast such activities.
(5) "Local broadcaster" means an organization, located in Kansas, that provides local broadcast services for any activity of a local school. "Local broadcaster" includes a student organized broadcast that is offered as an educational course or program by the school.
(6) "Organization" means an individual, public or private corporation, partnership, limited liability company, association, joint venture or any other legal or commercial entity.
(7) "Postseason activity" means an association-sponsored activity that occurs after the regular season is complete, including individual games and tournaments.
History: L. 2023, ch. 87, § 2; July 1.
History: L. 1967, ch. 394, § 1; Repealed, L. 1988, ch. 281, § 2; July 1.
History: L. 1967, ch. 394, §§ 2, 3; L. 1968, ch. 234, §§ 1, 2; L. 1974, ch. 314, §§ 1, 2; Repealed, L. 1988, ch. 281, § 2; July 1.
History: L. 1967, ch. 394, § 4; L. 1968, ch. 234, § 3; L. 1970, ch. 291, § 1; L. 1974, ch. 314, § 3; Repealed, L. 1988, ch. 281, § 2; July 1.
History: L. 1967, ch. 394, § 5; Repealed, L. 1968, ch. 234, § 6; March 26.
History: L. 1967, ch. 394, § 6; Repealed, L. 1988, ch. 281, § 2; July 1.
History: L. 1968, ch. 234, §§ 4, 5; Repealed, L. 1988, ch. 281, § 2; July 1.
This act shall be known and may be cited as the student publications act.
History: L. 1992, ch. 5, § 1; July 1.
As used in this act:
(a) "School district" means any public school district organized and operating under the laws of this state.
(b) "Student publication" means any matter which is prepared, substantially written, or published by students, which is distributed or generally made available, either free of charge or for a fee, to members of the student body, and which is prepared under the direction of a certified employee.
History: L. 1992, ch. 5, § 2; July 1.
(a) The liberty of the press in student publications shall be protected. School employees may regulate the number, length, frequency, distribution and format of student publications. Material shall not be suppressed solely because it involves political or controversial subject matter.
(b) Review of material prepared for student publications and encouragement of the expression of such material in a manner that is consistent with high standards of English and journalism shall not be deemed to be or construed as a restraint on publication of the material or an abridgment of the right to freedom of expression in student publications.
(c) Publication or other expression that is libelous, slanderous or obscene or matter that commands, requests, induces, encourages, commends or promotes conduct that is defined by law as a crime or conduct that constitutes a ground or grounds for the suspension or expulsion of students as enumerated in K.S.A. 72-6114, and amendments thereto, or which creates a material or substantial disruption of the normal school activity is not protected by this act.
(d) Subject to the limitations imposed by this section, student editors of student publications are responsible for determining the news, opinion, and advertising content of such publications. Student publication advisers and other certified employees who supervise or direct the preparation of material for expression in student publications are responsible for teaching and encouraging free and responsible expression of material and high standards of English and journalism. No such adviser or employee shall be terminated from employment, transferred, or relieved of duties imposed under this subsection for refusal to abridge or infringe upon the right to freedom of expression conferred by this act.
(e) No publication or other expression of matter by students in the exercise of rights under this act shall be deemed to be an expression of school district policy. No school district, member of the board of education or employee thereof, shall be held responsible in any civil or criminal action for any publication or other expression of matter by students in the exercise of rights under this act. Student editors and other students of a school district, if such student editors and other students have attained the age of majority, shall be held liable in any civil or criminal action for matter expressed in student publications to the extent of any such student editor's or other student's responsibility for and involvement in the preparation and publication of such matter.
History: L. 1992, ch. 5, § 3; July 1.
Revisor's Note: Section transferred to 72-634.
Revisor's Note: Section transferred to 72-635.
Revisor's Note: Section transferred to 72-636.
Revisor's Note: Section transferred to 72-637.
Revisor's Note: Section transferred to 72-638.
Revisor's Note: Section transferred to 72-639.
Revisor's Note: Section transferred to 72-640.
Revisor's Note: Section transferred to 74-32,246.
Revisor's Note: Section transferred to 74-32,247.
Revisor's Note: Section transferred to 74-32,248.
Revisor's Note: Section transferred to 74-32,249.
Revisor's Note: Section transferred to 74-32,250.
Revisor's Note: Section transferred to 74-32,251.
Revisor's Note: Section transferred to 74-32,252.
Revisor's Note: Section transferred to 72-243.
Revisor's Note: Section transferred to 72-244.
Revisor's Note: Section transferred to 72-245.
Revisor's Note: Section transferred to 72-246.
Revisor's Note: Section transferred to 72-247.
Revisor's Note: Section transferred to 72-248.
Revisor's Note: Section transferred to 72-249.
Revisor's Note: Section transferred to 72-250.
Revisor's Note: Section transferred to 72-251.
Revisor's Note: Section transferred to 72-252.
History: L. 1968, ch. 269, § 14; Repealed, L. 1972, ch. 275, § 2; July 1.
Revisor's Note: Section transferred to 72-253.
Revisor's Note: Section transferred to 72-254.
Revisor's Note: Section transferred to 72-255.
Revisor's Note: Section transferred to 72-256.
History: L. 1969, ch. 350, § 1; Repealed, L. 2003, ch. 17, § 2; July 1.
Revisor's Note: Section transferred to 72-257.
Revisor's Note: Section transferred to 72-258.
Revisor's Note: Section transferred to 72-259.
History: L. 1968, ch. 269, § 30; Repealed, L. 1969, ch. 310, § 66; July 1.
Revisor's Note: Section transferred to 72-260.
Revisor's Note: Section transferred to 72-261.
Revisor's Note: Section transferred to 76-1118.
Revisor's Note: Section transferred to 72-262.
Revisor's Note: Section transferred to 72-263.
History: L. 1971, ch. 231, § 3; Repealed, L. 1987, ch. 276, § 4; July 1.
Revisor's Note: Section transferred to 71-211.
Revisor's Note: Section transferred to 72-281.
Revisor's Note: Section transferred to 72-282.
Revisor's Note: Section transferred to 72-283.
Revisor's Note: Section transferred to 72-284.
Revisor's Note: Section transferred to 72-271.
Revisor's Note: Section transferred to 72-272.
History: L. 1974, ch. 279, §§ 1, 2; Repealed, L. 1977, ch. 254, § 1; July 1.
Revisor's Note: Section transferred to 72-64,102.
Revisor's Note: Section transferred to 72-64,103.
Revisor's Note: Section transferred to 72-291.
Revisor's Note: Section transferred to 72-292.
Revisor's Note: Section transferred to 72-3236.
Revisor's Note: Section transferred to 72-1165.
Revisor's Note: Section transferred to 72-293.
Revisor's Note: Section transferred to 72-3237.
Revisor's Note: Section transferred to 72-294.
Revisor's Note: Section transferred to 72-295.
Revisor's Note: Section transferred to 72-371.
Revisor's Note: Section transferred to 72-372.
Revisor's Note: Section transferred to 72-373.
Revisor's Note: Section transferred to 72-408.
Revisor's Note: Section transferred to 72-409.
Revisor's Note: Section transferred to 72-410.
History: L. 1992, ch. 223, §§ 1 to 3; Repealed, L. 1999, ch. 5, § 1; July 1.
History: L. 1992, ch. 223, § 5; Repealed, L. 1999, ch. 5, § 1; July 1.
History: L. 1968, ch. 84, §§ 1, 2; Repealed, L. 1995, ch. 48, § 1; July 1.
History: L. 1968, ch. 84, § 3; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1968, ch. 84, § 4; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1968, ch. 84, § 5; Repealed, L. 1995, ch. 48, § 1; July 1.
Revisor's Note: Section transferred to 72-1072.
History: L. 1969, ch. 351, §§ 1, 2; Repealed, L. 1974, ch. 164, § 4; July 1.
Revisor's Note: Section transferred to 72-1073.
Revisor's Note: Section transferred to 72-1074.
Revisor's Note: Section transferred to 72-1075.
Revisor's Note: Section transferred to 72-1076.
Revisor's Note: Section transferred to 72-1081.
Revisor's Note: Section transferred to 72-1082.
Revisor's Note: Section transferred to 72-1083.
Revisor's Note: Section transferred to 72-1084.
Revisor's Note: Section transferred to 72-1085.
Revisor's Note: Section transferred to 72-1086.
Revisor's Note: Section transferred to 72-1087.
Revisor's Note: Section transferred to 72-1088.
Revisor's Note: Section transferred to 72-1089.
History: L. 1968, ch. 44, §§ 1 to 4; Repealed, L. 1981, ch. 290, § 1; July 1.
History: L. 1968, ch. 283, §§ 1, 2; Repealed, L. 1981, ch. 291, § 1; July 1.
History: L. 1968, ch. 388, §§ 1, 2; Repealed, L. 1970, ch. 279, § 1; July 1.
History: L. 1963, ch. 393, § 14; L. 1965, ch. 420, § 25; Repealed, L. 1969, ch. 310, § 66; July 1.
History: L. 1967, ch. 397, §§ 1, 3, 4; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1965, ch. 420, § 3; L. 1965, ch. 410, § 39; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1967, ch. 395, § 1; Repealed, L. 2003, ch. 104, § 9; July 1.
Revisor's Note: Section transferred to 72-1418.
History: L. 1965, ch. 410, § 21; L. 1968, ch. 59, § 39; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1965, ch. 410, § 23; L. 1968, ch. 59, § 40; Repealed, L. 1969, ch. 351, § 3; April 28.
History: L. 1965, ch. 410, § 25; L. 1968, ch. 59, § 41; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1972, ch. 138, § 3; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1967, ch. 369, § 1; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1965, ch. 410, § 33; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1969, ch. 337, §§ 1, 2; Repealed, L. 2003, ch. 104, § 9; July 1.
Revisor's Note: Section transferred to 72-1091.
History: L. 1969, ch. 337, §§ 4 to 6; Repealed, L. 2003, ch. 104, § 9; July 1.
Revisor's Note: Section transferred to 72-1092.
Revisor's Note: Section transferred to 72-1093.
History: L. 1969, ch. 337, §§ 9 to 11; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1969, ch. 337, § 12; L. 1977, ch. 54, § 33; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1969, ch. 337, § 13; Repealed, L. 2003, ch. 104, § 9; July 1.
Revisor's Note: Section transferred to 72-9939.
History: L. 1969, ch. 337, §§ 15, 16; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1977, ch. 236, §§ 1, 2; L. 1982, ch. 301, §§ 4, 5; Repealed, L. 2002, ch. 14, § 1; July 1.
History: L. 1977, ch. 236, §§ 3, 4; L. 1982, ch. 301, §§ 6, 7; Repealed, L. 2002, ch. 14, § 1; July 1.
History: L. 1977, ch. 236, § 5; L. 1982, ch. 301, § 8; Repealed, L. 2002, ch. 14, § 1; July 1.
History: L. 1969, ch. 356, § 1; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1969, ch. 312, §§ 1, 2; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1969, ch. 312, § 3; Repealed, L. 1982, ch. 301, § 9; July 1.
History: L. 1969, ch. 312, § 4; L. 1977, ch. 54, § 34; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1969, ch. 312, § 5; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1969, ch. 338, §§ 1, 2; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1973, ch. 294, §§ 1 to 3; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1969, ch. 333, § 1; Repealed, L. 1982, ch. 301, § 9; July 1.
History: L. 1969, ch. 355, § 1; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1970, ch. 293, § 2; Repealed, L. 1982, ch. 301, § 9; July 1.
History: L. 1970, ch. 294, § 1; L. 1972, ch. 278, § 2; Repealed, L. 1982, ch. 301, § 9; July 1.
History: L. 1973, ch. 296, § 1; Repealed, L. 1982, ch. 301, § 9; July 1.
History: L. 1971, ch. 241, § 1; Repealed, L. 2009, ch. 130, § 5; July 1.
History: L. 1971, ch. 246, § 1; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1971, ch. 242, § 1; L. 1979, ch. 52, § 180; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1971, ch. 242, § 2; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1971, ch. 242, § 3; L. 1977, ch. 54, § 35; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1971, ch. 242, § 4; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1972, ch. 282, § 1; Repealed, L. 2009, ch. 130, § 5; July 1.
History: L. 1973, ch. 295, § 1; Repealed, L. 2009, ch. 130, § 5; July 1.
History: L. 1977, ch. 238, § 1; Repealed, L. 2009, ch. 130, § 5; July 1.
History: L. 1980, ch. 215, § 1; L. 1981, ch. 292, § 1; Repealed, L. 2009, ch. 130, § 5; July 1.
History: L. 1972, ch. 276, § 2; Repealed, L. 2003, ch. 104, § 9; July 1.
Revisor's Note: Section transferred to 72-1150.
History: L. 1974, ch. 283, § 1; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1974, ch. 284, §§ 1, 2; L. 1979, ch. 52, §§ 181, 182; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1974, ch. 284, § 3; L. 1977, ch. 54, § 36; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1974, ch. 284, §§ 4, 5; Repealed, L. 2003, ch. 104, § 9; July 1.
Revisor's Note: Section transferred to 72-53,105.
Revisor's Note: Section transferred to 72-1551.
Revisor's Note: Section transferred to 72-1552.
Revisor's Note: Section transferred to 72-1553.
Revisor's Note: Section transferred to 72-1554.
Revisor's Note: Section transferred to 72-1555.
Revisor's Note: Section transferred to 72-1556.
Revisor's Note: Section transferred to 72-1557.
Revisor's Note: Section transferred to 72-1558.
Revisor's Note: Section transferred to 72-1559.
Revisor's Note: Section transferred to 72-1560.
Revisor's Note: Section transferred to 72-1561.
Revisor's Note: Section transferred to 72-1562.
History: L. 1985, ch. 235, § 1; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1986, ch. 263, § 1; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1986, ch. 262, § 1; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1986, ch. 261, § 1; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1986, ch. 260, § 1; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1986, ch. 264, § 1; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1987, ch. 266, § 1; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1988, ch. 275, § 1; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1991, ch. 215, § 1; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1991, ch. 217, § 2; Repealed, L. 1993, ch. 27, § 1; July 1.
History: L. 1991, ch. 229, § 4; Repealed, L. 1993, ch. 27, § 1; July 1.
Revisor's Note: Section transferred to 72-1173.
History: L. 1995, ch. 160, § 10; L. 1996, ch. 161, § 2; Expired, July 1, 1997.
History: L. 1995, ch. 160, § 11; Repealed, L. 2013, ch. 30, § 2; July 1.
Revisor's Note: Section transferred to 72-5221.
History: L. 1996, ch. 265, §§ 7, 8; Repealed, L. 1997, ch. 41, § 19; July 1.
History: L. 2018, ch. 64, § 1; L. 2019, ch. 19, § 18; Expired, June 30, 2022.
(a) There is hereby established the education funding task force. The task force shall be composed of the following 11 voting members:
(1) Two members of the house of representatives appointed by the speaker of the house of representatives;
(2) one member of the house of representatives appointed by the minority leader of the house of representatives;
(3) two members of the senate appointed by the president of the senate;
(4) one member of the senate appointed by the minority leader of the senate;
(5) one member of the state board of education appointed by the state board of education;
(6) one member, who shall be a parent of a student who attends kindergarten or any of the grades one through 12 at a school district in the state, appointed by the speaker of the house of representatives;
(7) one member, who shall be a current or retired public school teacher, appointed by the president of the senate;
(8) one member, who shall be a superintendent of a rural school district, appointed by the state board of education; and
(9) one member, who shall be a superintendent of an urban school district, appointed by the state board of education.
(b) The task force shall consist of the following four ex officio members who shall be nonvoting members:
(1) The deputy commissioner of fiscal and administrative services of the state department of education or the deputy commissioner's designee;
(2) the chairperson of the Kansas children's cabinet or the chairperson's designee;
(3) the director of the division of the budget or the director's designee; and
(4) the director of special education and title services of the state department of education or the director's designee.
(c) Any superintendent who is appointed as a member of the task force pursuant to subsection (a)(8) or (a)(9) may designate another individual to attend any or all meetings of the task force as such member's designee.
(d) The education funding task force shall review the:
(1) Current school finance system in Kansas, including, but not limited to, the Kansas school equity and enhancement act;
(2) current methods for determining and disbursing special education state aid;
(3) inputs of the current school finance system, including, but not limited to, funding levels, funding sources and funding impacts;
(4) outputs of the current school finance system, including, but not limited to, academic achievement outcomes and other measures of student success;
(5) current academic reporting requirements with respect to state assessments and student achievement; and
(6) achievement goals established by the state department of education in the consolidated state plan submitted to the federal department of education pursuant to the elementary and secondary education act of 1965, as amended by the every student succeeds act, including, but not limited to, the goal to have 75% of all students and student subgroups achieve proficiency on the statewide assessments in English language arts and mathematics by 2030, which has been defined by the state board of education as requiring students to score in performance levels 3 and 4 combined on such statewide assessments.
(e) The task force shall prepare and submit a report to the legislature and the governor on or before January 11, 2027. Such report shall include recommendations regarding:
(1) The establishment of a school finance formula that will replace the Kansas school equity and enhancement act after its expiration. When making such recommendations, the task force shall pursue the following goals for such school finance formula:
(A) The formula shall be reasonably calculated to have all students meet or exceed the educational goal established in K.S.A. 72-3218(c), and amendments thereto;
(B) the formula shall provide adequate, consistent and reliable school funding;
(C) the formula shall provide equitable school funding; and
(D) the formula shall provide meaningful accountability measures;
(2) whether revisions to the current methods for determining and disbursing special education state aid are advisable or necessary; and
(3) any other recommendations related to school finance.
(f) (1) Members shall be appointed to the education funding task force on or before November 30, 2024. In even-numbered years, the chairperson of the task force shall be designated by the speaker of the house of representatives and the vice chairperson shall be designated by the president of the senate. In odd-numbered years, the chairperson of the task force shall be designated by the president of the senate and the vice chairperson shall be designated by the speaker of the house of representatives. Any vacancy in the membership of the task force shall be filled by appointment in the same manner prescribed by this section for the original appointment.
(2) A quorum of the task force shall be six voting members. All actions of the task force may be taken by a majority of members present when there is a quorum.
(3) If approved by the legislative coordinating council, members of the task force attending meetings authorized by the task force shall be paid amounts for expenses, mileage and subsistence as provided in K.S.A. 75-3223(e), and amendments thereto.
(4) The staff of the office of revisor of statutes, the legislative research department and the division of legislative administrative services shall provide such assistance as may be requested by the task force.
(5) The task force may meet at any time and at any place within the state upon the call of the chairperson.
(g) This section shall expire on July 1, 2027.
History: L. 2024, ch. 111, § 4; May 30.
Revisor's Note: Section transferred to 72-1131.
Revisor's Note: Section transferred to 72-1146.
Revisor's Note: Section transferred to 72-1147.
Revisor's Note: Section transferred to 72-1148.
Revisor's Note: Section transferred to 72-1132.
Revisor's Note: Section transferred to 72-1133.
Revisor's Note: Section transferred to 72-1134.
Revisor's Note: Section transferred to 72-1135.
Revisor's Note: Section transferred to 72-1136.
Revisor's Note: Section transferred to 72-1137.
History: L. 2000, ch. 138, § 1; Expired, June 30, 2001.
History: L. 1963, ch. 393, § 20; L. 1965, ch. 410, § 14; L. 1967, ch. 398, § 1; L. 1968, ch. 375, § 17; Repealed, L. 1973, ch. 297, § 6; July 1.
History: L. 1971, ch. 322, § 15; Repealed, L. 1973, ch. 292, § 56; June 1.
Revisor's Note: Section transferred to 72-1168.
Revisor's Note: Section transferred to 72-1161.
Revisor's Note: Section transferred to 72-1162.
Revisor's Note: Section transferred to 72-1170.
Revisor's Note: Section transferred to 72-1163.
Revisor's Note: Section transferred to 72-1164.
Revisor's Note: Section transferred to 72-1138.
Revisor's Note: Section transferred to 72-1139.
Revisor's Note: Section transferred to 72-1140.
Revisor's Note: Section transferred to 72-1177.
Revisor's Note: Section transferred to 72-1178.
Revisor's Note: Section transferred to 72-1141.
Revisor's Note: Section transferred to 72-1142.
Revisor's Note: Section transferred to 72-1143.
Revisor's Note: Section transferred to 72-3216.
Revisor's Note: Section transferred to 72-1144.
History: L. 1963, ch. 393, § 23; L. 1967, ch. 399, § 1; L. 1972, ch. 278, § 1; L. 1972, ch. 280, § 1; L. 1982, ch. 301, § 3; L. 1984, ch. 261, § 15; L. 1991, ch. 230, § 1; Repealed, L. 2002, ch. 167, § 9; July 1.
History: L. 1973, ch. 299, § 2; Repealed, L. 1982, ch. 301, § 9; July 1.
Revisor's Note: Section transferred to 72-1431.
History: L. 1965, ch. 410, § 37; L. 1967, ch. 406, § 1; L. 1968, ch. 224, § 1; L. 1969, ch. 353, § 12; Repealed, L. 1978, ch. 301, § 2; July 1.
History: L. 1967, ch. 374, § 1; Repealed, L. 1978, ch. 301, § 2; July 1.
Revisor's Note: Section transferred to 72-1433.
Revisor's Note: Section transferred to 72-1434.
Revisor's Note: Section transferred to 72-1435.
Revisor's Note: Section transferred to 72-1436.
Revisor's Note: Section transferred to 72-1437.
Revisor's Note: Section transferred to 72-1438.
Revisor's Note: Section transferred to 72-6146.
Revisor's Note: Section transferred to 72-1172.
History: L. 1970, ch. 297, § 1; L. 1971, ch. 243, § 1; Repealed, L. 1974, ch. 309, § 7; July 1.
Revisor's Note: Section transferred to 72-1149.
Revisor's Note: Section transferred to 72-642.
History: L. 1974, ch. 280, §§ 1 to 3; Repealed, L. 1996, ch. 9, § 1; July 1.
Revisor's Note: Section transferred to 72-13,100.
Revisor's Note: Section transferred to 72-3219.
Revisor's Note: Section transferred to 72-1432.
Revisor's Note: Section transferred to 72-13,101.
Revisor's Note: Section transferred to 72-9937.
Revisor's Note: Section transferred to 72-13,102.
Revisor's Note: Section transferred to 72-1421.
Revisor's Note: Section transferred to 72-3238.
Revisor's Note: Section transferred to 72-3239.
Revisor's Note: Section transferred to 72-3131.
Revisor's Note: Section transferred to 72-3132.
Revisor's Note: Section transferred to 72-3133.
Revisor's Note: Section transferred to 72-3134.
Revisor's Note: Section transferred to 72-3135.
Revisor's Note: Section transferred to 72-1175.
Revisor's Note: Section transferred to 72-1176.
Revisor's Note: Section transferred to 72-2244.
History: L. 2003, ch. 104, § 6; Expired, June 30, 2006.
Revisor's Note: Section transferred to 72-1179.
Revisor's Note: Section transferred to 72-1180.
Revisor's Note: Section transferred to 72-3355.
Revisor's Note: Section transferred to 72-1169.
Revisor's Note: Section transferred to 72-6282.
Revisor's Note: Section transferred to 72-1166.
Revisor's Note: Section transferred to 72-1167.
Revisor's Note: Section transferred to 72-1171.
Revisor's Note: Section transferred to 72-6147.
Revisor's Note: Section transferred to 72-1174.
Revisor's Note: Section transferred to 72-6283.
Revisor's Note: Section transferred to 72-9938.
Revisor's Note: Section transferred to 72-6284.
The compact for education is hereby entered into and enacted into law with all jurisdictions legally joining therein, in the form substantially as follows:
COMPACT ON EDUCATION
Article I.—Purpose and Policy
(A) It is the purpose of this compact to:
(1) Establish and maintain close cooperation and understanding among executive, legislative, professional educational and lay leadership on a nationwide basis at the state and local levels.
(2) Provide a forum for the discussion, development, crystallization and recommendation of public policy alternatives in the field of education.
(3) Provide a clearinghouse of information on matters relating to educational problems and how they are being met in different places throughout the nation, so that the executive and legislative branches of state government and of local communities may have ready access to the experience and record of the entire country, and so that both lay and professional groups in the field of education may have additional avenues for the sharing of experience and the interchange of ideas in the formation of public policy in education.
(4) Facilitate the improvement of state and local educational systems so that all of them will be able to meet adequate and desirable goals in a society which requires continuous qualitative and quantitative advance in educational opportunities, methods and facilities.
(B) It is the policy of this compact to encourage and promote local and state initiative in the development, maintenance, improvement and administration of educational systems and institutions in a manner which will accord with the needs and advantages of diversity among localities and states.
(C) The party states recognize that each of them has an interest in the quality and quantity of education furnished in each of the other states, as well as in the excellence of its own educational systems and institutions, because of the highly mobile character of individuals within the nation, and because the products and services contributing to the health, welfare and economic advancement of each state are supplied in significant part by persons educated in other states.
Article II.—State Defined
As used in this compact, "state" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
Article III.—The Commission
(A) The education commission of the states, hereinafter called "the commission," is hereby established. The commission shall consist of seven members representing each party state. One of such members shall be the governor; two shall be members of the state legislature selected by its respective houses and serving in such manner as the legislature may determine; and four shall be appointed by and serve at the pleasure of the governor, unless the laws of the state otherwise provide. If the laws of a state prevent legislators from serving on the commission, six members shall be appointed and serve at the pleasure of the governor, unless the laws of the state otherwise provide. In addition to any other principles or requirements which a state may establish for the appointment and service of its members of the commission, the guiding principle for the composition of the membership on the commission from each party state shall be that the members representing such state shall, by virtue of their training, experience, knowledge or affiliations be in a position collectively to reflect broadly the interests of the state government, higher education, the state educational system, local education, lay and professional, public and nonpublic educational leadership. Of those appointees, one shall be the head of a state agency or institution, designated by the governor, having responsibility for one or more programs of public education. In addition to the members of the commission representing the party states, there may be not to exceed ten nonvoting commissioners selected by the steering committee for terms of one year. Such commissioners shall represent leading national organizations of professional educators or persons concerned with educational administration.
(B) The members of the commission shall be entitled to one vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners are present. The commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to article IV and adoption of the annual report pursuant to article III (J).
(C) The commission shall have a seal.
(D) The commission shall elect annually, from among its members, a chairman, who shall be a governor, a vice-chairman and a treasurer. The commission shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the commission, and together with the treasurer and such other personnel as the commission may deem appropriate shall be bonded in such amount as the commission shall determine. The executive director shall be secretary.
(E) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director subject to the approval of the steering committee shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the commission, and shall fix the duties and compensation of such personnel. The commission in its bylaws shall provide for the personnel policies and programs of the commission.
(F) The commission may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party jurisdictions or their subdivisions.
(G) The commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, foundation, or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the commission pursuant to this paragraph or services borrowed pursuant to paragraph (F) of this article shall be reported in the annual report of the commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender.
(H) The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein.
(I) The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.
(J) The commission annually shall make to the governor and legislature of each party state a report covering the activities of the commission for the preceding year. The commission may make such additional reports as it may deem desirable.
Article IV.—Powers
In addition to authority conferred on the commission by other provisions of the compact, the commission shall have authority to:
(1) Collect, correlate, analyze and interpret information and data concerning educational needs and resources.
(2) Encourage and foster research in all aspects of education, but with special reference to the desirable scope of instruction, organization, administration, and instructional methods and standards employed or suitable for employment in public educational systems.
(3) Develop proposals for adequate financing of education as a whole and at each of its many levels.
(4) Conduct or participate in research of the types referred to in this article in any instance where the commission finds that such research is necessary for the advancement of the purposes and policies of this compact, utilizing fully the resources of national associations, regional compact organizations for higher education, and other agencies and institutions, both public and private.
(5) Formulate suggested policies and plans for the improvement of public education as a whole, or for any segment thereof, and make recommendations with respect thereto available to the appropriate governmental units, agencies and public officials.
(6) Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this compact.
Article V.—Cooperation With Federal Government
(A) If the laws of the United States specifically so provide, or if administrative provision is made therefor within the federal government, the United States may be represented on the commission by not to exceed ten representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, and may be drawn from any one or more branches of the federal government, but no such representative shall have a vote on the commission.
(B) The commission may provide information and make recommendations to any executive or legislative agency or officer of the federal government concerning the common educational policies of the states, and may advise with any such agencies or officers concerning any matter of mutual interest.
Article VI.—Committees
(A) To assist in the expeditious conduct of its business when the full commission is not meeting, the commission shall elect a steering committee of thirty-two members which, subject to the provisions of this compact and consistent with the policies of the commission, shall be constituted and function as provided in the bylaws of the commission. One-fourth of the voting membership of the steering committee shall consist of governors, one-fourth shall consist of legislators and the remainder shall consist of other members of the commission. A federal representative on the commission may serve with the steering committee, but without vote. The voting members of the steering committee shall serve for terms of two years, except that members elected to the first steering committee of the commission shall be elected as follows: Sixteen for one year and sixteen for two years. The chairman, vice-chairman, and treasurer of the commission shall be members of the steering committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, but the commission at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than two terms as a member of the steering committee; provided that service for a partial term of one year or less shall not be counted toward the two term limitation.
(B) The commission may establish advisory and technical committees composed of state, local, and federal officials, and private persons to advise it with respect to any one or more of its functions. Any advisory or technical committee may, on request of the states concerned, be established to consider any matter of special concern to two or more of the party states.
(C) The commission may establish such additional committees as its bylaws may provide.
Article VII.—Finance
(A) The commission shall advise the governor or designated officer or officers of each party state of its budget and estimated expenditures for such period as may be required by the laws of that party state. Each of the commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states.
(B) The total amount of appropriation requests under any budget shall be apportioned among the party states. In making such apportionment, the commission shall devise and employ a formula which takes equitable account of the populations and per capita income levels of the party states.
(C) The commission shall not pledge the credit of any party states. The commission may meet any of its obligations in whole or in part with funds available to it pursuant to article III (G) of this compact, provided that the commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it pursuant to article III (G) thereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.
(D) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the commission.
(E) The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission.
(F) Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.
Article VIII.—Eligible Parties; Entry Into and Withdrawal
(A) This compact shall have as eligible parties all states, territories, and possessions of the United States, the District of Columbia, and the commonwealth of Puerto Rico. In respect of any such jurisdiction not having a governor, the term "governor," as used in this compact, shall mean the closest equivalent official of such jurisdiction.
(B) Any state or other eligible jurisdiction may enter into this compact and it shall become binding thereon when it has adopted the same: Provided, That in order to enter into initial effect, adoption by at least ten eligible party jurisdictions shall be required.
(C) Adoption of the compact may be either by enactment thereof or by adherence thereto by the governor; provided that in the absence of enactment, adherence by the governor shall be sufficient to make his state a party only until December 31, 1967. During any period when a state is participating in this compact through gubernatorial action, the governor shall appoint those persons who, in addition to himself, shall serve as the members of the commission from his state, and shall provide to the commission an equitable share of the financial support of the commission from any source available to him.
(D) Except for a withdrawal effective on December 31, 1967, in accordance with paragraph (C) of this article, any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.
Article IX.—Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States, or the application thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters.
History: L. 1972, ch. 284, § 1; July 1.
(a) The members of the education commission of the states representing the state of Kansas shall be the following: (1) The governor; (2) the chairperson of the senate committee on education, or a member of such committee designated by such chairperson; (3) the chairperson of the committee on education of the house of representatives, or a member of such committee designated by such chairperson; (4) a member of the state board of education designated by it; (5) a member of the state board of regents designated by it; and (6) two (2) members who shall be appointed to serve at the pleasure of the governor. Terms for (1), (2) and (3) shall expire concurrently with their terms as elective state officers. Terms for (4), (5) and (6) serving on such commission on the effective date of this act shall expire on such date and thereafter such terms shall be for a period of two (2) years. All vacancies in the membership of the commission shall be filled in the same manner as originally filled, except that vacancies created for reasons other than expiration of terms of office shall be filled for the unexpired terms.
(b) Within thirty (30) days after the effective date of this act, the members of the education commission of the states representing the state of Kansas shall meet at Topeka upon the call of any one (1) of the members of such commission for the purpose of organizing by selecting from its membership a chairperson. Thereafter the members of such commission shall hold a meeting at least once in each year at which meeting a chairperson shall be selected. Special meetings may be called and held at the discretion of the chairperson, and shall be called by the chairperson upon request of a majority of the members of such commission. The director of legislative administrative services shall assist the commission in accordance with its requests.
History: L. 1972, ch. 284, § 2; L. 1976, ch. 316, § 1; May 8.
Pursuant to article III(I) of the compact the commission shall file a copy of its bylaws and any amendment thereto with the secretary of state.
History: L. 1972, ch. 284, § 3; July 1.
Compensation and expenses of members of the education commission of the states shall be paid by the state board of regents for the member appointed by it, by the legislative coordinating council for legislator members and by the state board of education for all other members, except the governor. Members of the education commission of the states attending meetings of such commission, or attending a subcommittee meeting thereof authorized by such commission, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223. The state board of education shall include in its annual budget request funds necessary to finance this state's contribution requirements under K.S.A. 72-8261.
History: L. 1972, ch. 284, § 4; L. 1973, ch. 211, § 13; L. 1974, ch. 348, § 39; July 1.
The interstate agreement on qualification of educational personnel is hereby enacted into law and entered into with all jurisdictions legally joining therein, in the form substantially as follows:
INTERSTATE AGREEMENT ON QUALIFICATION OF EDUCATIONAL PERSONNEL
Article I.—Purpose, Findings, and Policy.
The states party to this agreement, desiring by common action to improve their respective school systems by utilizing the teacher or other professional educational person wherever educated, declare that it is the policy of each of them, on the basis of cooperation with one another, to take advantage of the preparation and experience of such persons wherever gained, thereby serving the best interests of society, of education, and of the teaching profession. It is the purpose of this agreement to provide for the development and execution of such programs of cooperation as will facilitate the movement of teachers and other professional educational personnel among the states party to it, and to authorize specific interstate educational personnel contracts to achieve that end.
The party states find that included in the large movement of population among all sections of the nation are many qualified educational personnel who move for family and other personal reasons but who are hindered in using their professional skill and experience in their new locations. Variations from state to state in requirements for qualifying educational personnel discourage such personnel from taking the steps necessary to qualify in other states. As a consequence, a significant number of professionally prepared and experienced educators is lost to our school systems. Facilitating the employment of qualified educational personnel, without reference to their states of origin, can increase the available educational resources. Participation in this compact can increase the availability of educational manpower.
Article II.—Definitions.
As used in this agreement and contracts made pursuant to it, unless the context clearly requires otherwise:
"Educational personnel" means persons who must meet requirements pursuant to state law as a condition of employment in educational programs.
"Designated state official" means the education official of a state selected by that state to negotiate and enter into, on behalf of that state, contracts pursuant to this agreement.
"Accept," or any variant thereof, means to recognize and give effect to one or more determinations of another state relating to the qualification of educational personnel in lieu of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving state.
"State" means a state, territory, or possession of the United States; the District of Columbia; or the Commonwealth of Puerto Rico.
"Originating state" means a state (and the subdivision thereof, if any) whose determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to Article III.
"Receiving state" means a state (and the subdivisions thereof) which accept educational personnel in accordance with the terms of a contract made pursuant to Article III.
Article III.—Interstate Educational Personnel Contracts.
The designated state official of a party state may make one or more contracts on behalf of that state with one or more other party states providing for the acceptance of educational personnel. Any such contract for the period of its duration shall be applicable to and binding on the states whose designated state officials enter into it, and the subdivisions of those states, with the same force and effect as if incorporated in this agreement. A designated state official may enter into a contract pursuant to this article only with states in which the state official finds that there are programs of education, certification standards or other acceptable qualifications that assure preparation or qualification of educational personnel on a basis sufficiently comparable, even though not identical to that prevailing in that state official's own state.
Any such contract shall provide for:
(a) Its duration.
(b) The criteria to be applied by an originating state in qualifying educational personnel for acceptance by a receiving state.
(c) Such waivers, substitutions, and conditional acceptances as shall aid the practical effectuation of the contract without sacrifice of basic educational standards.
(d) Any other necessary matters.
No contract made pursuant to this agreement shall be for a term longer than five years but any such contract may be renewed for like or lesser periods.
Any contract dealing with acceptance of educational personnel on the basis of their having completed an educational program shall specify the earliest date or dates on which originating state approval of the program or programs involved can have occurred. No contract made pursuant to this agreement shall require acceptance by a receiving state of any persons qualified because of successful completion of a program prior to January 1, 1954.
The certification or other acceptance of a person who has been accepted pursuant to the terms of a contract shall not be revoked or otherwise impaired because the contract has expired or been terminated. However, any certificate or other qualifying document may be revoked or suspended on any ground which would be sufficient for revocation or suspension of a certificate or other qualifying document initially granted or approved in the receiving state.
A contract committee composed of the designated state officials of the contracting states or their representatives shall keep the contract under continuous review, study means of improving its administration, and report no less frequently than once a year to the heads of the appropriate education agencies of the contracting states.
Article IV.—Approved and Accepted Programs.
Nothing in this agreement shall be construed to repeal or otherwise modify any law or regulation of a party state relating to the approval of programs of educational preparation having effect solely on the qualification of educational personnel within that state.
To the extent that contracts made pursuant to this agreement deal with the educational requirements for the proper qualification of educational personnel, acceptance of a program of educational preparation shall be in accordance with such procedures and requirements as may be provided in the applicable contract.
Article V.—Interstate Cooperation.
The party states agree that:
They will, so far as practicable, prefer the making of multilateral contracts pursuant to Article III of this agreement.
They will facilitate and strengthen cooperation in interstate certification and other elements of educational personnel qualification and for this purpose shall cooperate with agencies, organizations, and associations interested in certification and other elements of educational personnel qualification.
Article VI.—Agreement Evaluation.
The designated state officials of any party states may meet from time to time as a group to evaluate progress under the agreement, and to formulate recommendations for change.
Article VII.—Other Arrangements.
Nothing in this agreement shall be construed to prevent or inhibit other arrangements or practices of any party state or states to facilitate the interchange of educational personnel.
Article VIII.—Effect and Withdrawal.
This agreement shall become effective when enacted into law by two states. Thereafter it shall become effective as to any state upon its enactment of this agreement.
Any party state may withdraw from this agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states.
No withdrawal shall relieve the withdrawing state of any obligation imposed upon it by a contract to which it is a party. The duration of contracts and the methods and conditions of withdrawal therefrom shall be those specified in their terms.
Article IX.—Construction and Severability.
This agreement shall be liberally construed so as to effectuate the purposes thereof. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement if declared to be contrary to the constitution of any state or of the United States, or the application thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state participating therein, the agreement shall remain in full force and effect as to the state affected as to all severable matters.
History: L. 1984, ch. 259, § 1; July 1.
The designated state official for this state shall be the commissioner of education. The commissioner of education shall enter into any contracts pursuant to article III of the agreement only with the approval of the specific text thereof by the state board of education.
History: L. 1984, ch. 259, § 2; July 1.
True copies of all contracts made on behalf of this state pursuant to the agreement shall be kept on file in the office of the commissioner of education and in the office of the secretary of state. The state department of education shall regularly publish, in a form and manner determined by the state board of education, reference to the existence of all such contracts, a summary of the provisions thereof, a listing of the states which are parties thereto, and information regarding accessibility to copies thereof.
History: L. 1984, ch. 259, § 3; July 1.
The interstate compact on educational opportunity for military children is hereby enacted into law and entered into with all jurisdictions legally joining therein, in the form substantially as follows:
Interstate Compact on Educational Opportunity for Military Children
ARTICLE I. PURPOSE
It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:
A. Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of educational records from the previous school district or variations in entrance or age requirements.
B. Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content or assessment.
C. Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic and social activities.
D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact.
F. Providing for the uniform collection and sharing of information between and among member states, schools and military families under this compact.
G. Promoting coordination between this compact and other compacts affecting military children.
H. Promoting flexibility and cooperation between the educational system, parents and the student in order to achieve educational success for the student.
ARTICLE II. DEFINITIONS
As used in this compact, unless the context clearly requires a different construction:
A. "Active duty" means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C. chapter 1209 and 1211.
B. "Children of military families" means school-aged children, enrolled in kindergarten or any of the grades one through 12, in the household of an active duty member.
C. "Compact commissioner" means the voting representative of each compacting state appointed pursuant to article VIII of this compact.
D. "Deployment" means the period one month prior to the service members' departure from their home station on military orders through six months after return to their home station.
E. "Educational records" means those official records, files and data directly related to a student and maintained by the school or local education agency, including but not limited to records encompassing all the material kept in the student's cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols and individualized education programs.
F. "Extracurricular activities" means voluntary activities sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays and club activities.
G. "Interstate commission on educational opportunity for military children" means the commission that is created under article IX of this compact, which is generally referred to as interstate commission.
H. "Local education agency" means a public authority legally constituted by the state as an administrative agency to provide control of and direction for kindergarten and grades one through 12 in public schools.
I. "Member state" means a state that has enacted this compact.
J. "Military installation" means a base, camp, post, station, yard, center, homeport facility for any ship or other activity under the jurisdiction of the department of defense, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. Territory. Such term does not include any facility used primarily for civil works, rivers and harbors projects or flood control projects.
K. "Non-member state" means a state that has not enacted this compact.
L. "Receiving state" means the state to which a child of a military family is sent, brought or caused to be sent or brought.
M. "Rule" means a written statement by the interstate commission promulgated pursuant to article XII of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the interstate commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.
N. "Sending state" means the state from which a child of a military family is sent, brought or caused to be sent or brought.
O. "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. Territory.
P. "Student" means: the child of a military family for whom the local education agency receives public funding and who is formally enrolled in kindergarten or any of the grades one through 12.
Q. "Transition" means (1) the formal and physical process of transferring from school to school or (2) the period of time in which a student moves from one school in the sending state to another school in the receiving state.
R. "Uniformed services" means the army, navy, air force, marine corps, coast guard as well as the commissioned corps of the national oceanic and atmospheric administration and public health services.
S. "Veteran" means a person who served in the uniformed services and who was discharged or released there from under conditions other than dishonorable.
ARTICLE III. APPLICABILITY
A. Except as otherwise provided in subsection B, this compact shall apply to the children of:
Active duty members of the uniformed services as defined in this compact, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C. chapter 1209 and 1211;
members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one year after medical discharge or retirement; and
members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one year after death.
B. The provisions of this interstate compact shall only apply to local education agencies as defined in this compact.
C. The provisions of this compact shall not apply to the children of:
Inactive members of the national guard and military reserves;
members of the uniformed services now retired, except as provided in paragraph 1;
veterans of the uniformed services, except as provided in paragraph 1; and
other United States department of defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.
ARTICLE IV. EDUCATIONAL RECORDS & ENROLLMENT
A. Unofficial or "hand-carried" education records - In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the interstate commission. Upon receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible.
B. Official education records or transcripts - Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student's official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within 10 days or within such time as is reasonably determined under the rules promulgated by the interstate commission.
C. Immunizations - Compacting states shall allow 30 days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission, for students to obtain any immunizations required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within 30 days or within such time as is reasonably determined under the rules promulgated by the interstate commission.
D. Kindergarten and First grade entrance age - Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level from a local education agency in the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from an accredited school in the sending state.
ARTICLE V. PLACEMENT & ATTENDANCE
A. Course placement - When the student transfers before or during the school year, the receiving state school initially shall honor placement of the student in educational courses based on the student's enrollment in the sending state school or educational assessments conducted at the school in the sending state if the courses are offered. Course placement includes but is not limited to honors, international baccalaureate, advanced placement, vocational, technical and career pathways courses. Continuing the student's academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in such courses.
B. Educational program placement - The receiving state school initially shall honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation or placement in like programs in the sending state. Such programs include, but are not limited to, gifted and talented programs and English as a second language (ESL). This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.
C. Special education services - (1) In compliance with the federal requirements of the individuals with disabilities education act (IDEA), 20 U.S.C.A. section 1400 et seq., the receiving state initially shall provide comparable services to a student with disabilities based on the student's current individualized education program (IEP). (2) In compliance with the requirements of section 504 of the rehabilitation act, 29 U.S.C.A. section 794, and with Title II of the Americans with disabilities act, 42 U.S.C.A. sections 12131-12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or Title II plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.
D. Placement flexibility - Local education agency administrative officials shall have flexibility in waiving course and program prerequisites or other preconditions for placement in courses and programs offered under the jurisdiction of the local education agency.
E. Absence as related to deployment activities - A student whose parent or legal guardian is an active duty member of the uniformed services and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with the student's parent or legal guardian relative to such leave or deployment of the parent or guardian.
ARTICLE VI. ELIGIBILITY
A. Eligibility for enrollment:
Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent.
A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.
A transitioning military child, placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which the child was enrolled while residing with the custodial parent.
B. Eligibility for extracurricular participation - State and local education agencies shall facilitate the opportunity for transitioning military children's inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.
ARTICLE VII. GRADUATION
In order to facilitate the on-time graduation of children of military families:
A. Waiver requirements - Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time.
B. Exit exams - States shall accept: (1) Exit or end-of-course exams required for graduation from the sending state; or (2) national norm-referenced achievement tests or (3) alternative testing, in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in the senior year, then the provisions of paragraph C of this article shall apply.
C. Transfers during senior year - Should a military student transferring at the beginning or during the senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency. In the event that one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with paragraphs A and B of this article.
ARTICLE VIII. STATE COORDINATION
A. Each member state, through the creation of a state council or use of an existing body or board, shall provide for the coordination among its agencies of government, local education agencies and military installations concerning the state's participation in, and compliance with, this compact and interstate commission activities. While each member state may determine the membership of its own state council, its membership must include: The commissioner of education, a superintendent of a school district with a high concentration of military children, a representative from a military installation, one representative each from the legislative and executive branches of government and other offices and stakeholder groups the state council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the state council.
B. The state council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact.
C. The compact commissioner responsible for the administration and management of the state's participation in the compact shall be appointed by the governor or as otherwise determined by each member state.
D. The compact commissioner and the military family education liaison designated herein shall be ex-officio members of the state council, unless either is already a full voting member of the state council.
ARTICLE IX. INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN
The member states hereby create the "interstate commission on educational opportunity for military children." The activities of the interstate commission are the formation of public policy and are a discretionary state function. The interstate commission shall:
A. Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact.
B. Consist of one interstate commission voting representative from each member state who shall be that state's compact commissioner.
Each member state represented at a meeting of the interstate commission is entitled to one vote.
A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.
A representative shall not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the interstate commission, the governor or state council may delegate voting authority to another person from their state for a specified meeting.
The bylaws may provide for meetings of the interstate commission to be conducted by telecommunication or electronic communication.
C. Consist of ex-officio, non-voting representatives who are members of interested organizations. Such ex-officio members, as defined in the bylaws, may include but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the United States department of defense, the education commission of the states, the interstate agreement on the qualification of educational personnel and other interstate compacts affecting the education of children of military members.
D. Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings.
E. Establish an executive committee, whose members shall include the officers of the interstate commission and such other members of the interstate commission as determined by the bylaws. Members of the executive committee shall serve a one year term. Members of the executive committee shall be entitled to one vote each. The executive committee shall have the power to act on behalf of the interstate commission, with the exception of rulemaking, during periods when the interstate commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as deemed necessary. The United States department of defense, shall serve as an ex-officio, nonvoting member of the executive committee.
F. Establish bylaws and rules that provide for conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.
G. Public notice shall be given by the interstate commission of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission and its committees may close a meeting, or portion thereof, where it determines by two-thirds vote that an open meeting would be likely to:
Relate solely to the interstate commission's internal personnel practices and procedures;
disclose matters specifically exempted from disclosure by federal and state statute;
disclose trade secrets or commercial or financial information which is privileged or confidential;
involve accusing a person of a crime, or formally censuring a person;
disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
disclose investigative records compiled for law enforcement purposes; or
specifically relate to the interstate commission's participation in a civil action or other legal proceeding.
H. For a meeting, or portion of a meeting, closed pursuant to this provision, the interstate commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemptible provision. The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the interstate commission.
I. The interstate commission shall collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall, in so far as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules.
J. The interstate commission shall create a process that permits military officials, education officials and parents to inform the interstate commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the interstate commission or any member state.
ARTICLE X. POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The interstate commission shall have the power to:
A. Provide for dispute resolution among member states.
B. Promulgate rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this compact. The rules shall have the force and effect of statutory law and shall be binding in the compact states to the extent and in the manner provided in this compact.
C. Issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules and actions.
D. Enforce compliance with the compact provisions, the rules promulgated by the interstate commission, and the bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process.
E. Establish and maintain offices which shall be located within one or more of the member states.
F. Purchase and maintain insurance and bonds.
G. Borrow, accept, hire or contract for services of personnel.
H. Establish and appoint committees including, but not limited to, an executive committee as required by article IX, which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder.
I. Elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the interstate commission's personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel.
J. Accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, utilize, and dispose of it.
K. Lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed.
L. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed.
M. Establish a budget and make expenditures.
N. Adopt a seal and bylaws governing the management and operation of the interstate commission.
O. Report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the interstate commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the interstate commission.
P. Coordinate education, training and public awareness regarding the compact, its implementation and operation for officials and parents involved in such activity.
Q. Establish uniform standards for the reporting, collecting and exchanging of data.
R. Maintain corporate books and records in accordance with the bylaws.
S. Perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
T. Provide for the uniform collection and sharing of information between and among member states, schools and military families under this compact.
ARTICLE XI. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
A. The interstate commission, by a majority of the members present and voting, within 12 months after the first interstate commission meeting, shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
Establishing the fiscal year of the interstate commission;
establishing an executive committee, and such other committees as may be necessary;
providing for the establishment of committees and for governing any general or specific delegation of authority or function of the interstate commission;
providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each such meeting;
establishing the titles and responsibilities of the officers and staff of the interstate commission;
providing a mechanism for concluding the operations of the interstate commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations; and
providing "start up" rules for initial administration of the compact.
B. The interstate commission, by a majority of the members, shall elect annually from among its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission. Subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the interstate commission.
C. Executive Committee, Officers and Personnel
a. Managing the affairs of the interstate commission in a manner consistent with the bylaws and purposes of the interstate commission;
b. overseeing an organizational structure within, and appropriate procedures for the interstate commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and
c. planning, implementing, and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the interstate commission.
D. The interstate commission's executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of interstate commission employment, duties, or responsibilities; provided, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.
The liability of the interstate commission's executive director and employees or interstate commission representatives, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The interstate commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.
The interstate commission shall defend the executive director and its employees and, subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an interstate commission representative, shall defend such interstate commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
To the extent not covered by the state involved, member state, or the interstate commission, the representatives or employees of the interstate commission shall be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
ARTICLE XII. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
A. Rulemaking Authority - The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the event the interstate commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this act, or the powers granted hereunder, then such an action by the interstate commission shall be invalid and have no force or effect.
B. Rulemaking Procedure - Rules shall be made pursuant to a rulemaking process that substantially conforms to the "model state administrative procedure act," of 1981 Act, uniform laws annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations of the interstate commission.
C. Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule; provided, that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the interstate commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the interstate commission's authority.
D. If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.
ARTICLE XIII. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
A. Oversight
The executive, legislative and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.
All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission.
The interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission shall render a judgment or order void as to the interstate commission, this compact or promulgated rules.
B. Default, Technical Assistance, Suspension and Termination - If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the interstate commission shall:
Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default and any action taken by the interstate commission. The interstate commission shall specify the conditions by which the defaulting state must cure its default.
Provide remedial training and specific technical assistance regarding the default.
If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the interstate commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.
The state which has been suspended or terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination including obligations, the performance of which extends beyond the effective date of suspension or termination.
The interstate commission shall not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state.
The defaulting state may appeal the action of the interstate commission by petitioning the United States district court for the District of Columbia or the federal district where the interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.
C. Dispute Resolution
The interstate commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and non-member states.
The interstate commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
D. Enforcement
The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
The interstate commission, by majority vote of the members, may initiate legal action in the United States district court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its principal offices, to enforce compliance with the provisions of the compact, its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.
The remedies herein shall not be the exclusive remedies of the interstate commission. The interstate commission may avail itself of any other remedies available under state law or the regulation of a profession.
ARTICLE XIV. FINANCING OF THE INTERSTATE COMMISSION
A. The interstate commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
B. The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, which shall promulgate a rule binding upon all member states.
C. The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same. The interstate commission shall not pledge the credit of any of the member states, except by and with the authority of the member state.
D. The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.
ARTICLE XV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
A. Any state is eligible to become a member state.
B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 10 of the states. The effective date shall be no earlier than December 1, 2007. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the interstate commission on a non-voting basis prior to adoption of the compact by all states.
C. The interstate commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the interstate commission and the member states unless and until it is enacted into law by unanimous consent of the member states.
ARTICLE XVI. WITHDRAWAL AND DISSOLUTION
A. Withdrawal
Once effective, the compact shall continue in force and remain binding upon each and every member state. A member state may withdraw from the compact specifically repealing the statute, which enacted the compact into law.
Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until one year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member jurisdiction.
The withdrawing state immediately shall notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other member states of the withdrawing state's intent to withdraw within 60 days of its receipt thereof.
The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.
Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.
B. Dissolution of Compact
This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state.
Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XVII. SEVERABILITY AND CONSTRUCTION
A. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed to effectuate its purposes.
C. Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.
ARTICLE XVIII. BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Other Laws
Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.
All member states' laws conflicting with this compact are superseded to the extent of the conflict.
B. Binding Effect of the Compact
All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding upon the member states.
All agreements between the interstate commission and the member states are binding in accordance with their terms.
In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
History: L. 2008, ch. 72, § 1; L. 2025, ch. 16, § 2; July 1.
This section shall be known and may be cited as the interstate teacher mobility compact.
INTERSTATE TEACHER MOBILITY COMPACT
ARTICLE I
PURPOSE
(a) The purpose of this compact is to facilitate the mobility of teachers across the member states, with the goal of supporting teachers through a new pathway to licensure. Through this compact, the member states seek to establish a collective regulatory framework that expedites and enhances the ability of teachers to move across state lines.
(b) (1) This compact is intended to achieve the following objectives and should be interpreted accordingly:
(A) Create a streamlined pathway to licensure mobility for teachers;
(B) support the relocation of eligible military spouses;
(C) facilitate and enhance the exchange of licensure, investigative and disciplinary information between the member states;
(D) enhance the power of state and district level education officials to hire qualified, competent teachers by removing barriers to the employment of out-of-state teachers;
(E) support the retention of teachers in the profession by removing barriers to relicensure in a new state; and
(F) maintain state sovereignty in the regulation of the teaching profession.
(2) The member states hereby ratify the same intentions by subscribing thereto.
ARTICLE II
DEFINITIONS
As used in this compact, and except as otherwise provided, the following definitions shall govern the terms herein:
(a) "Active military member" means any person with full-time duty status in the armed forces of the United States, including members of the national guard and reserve.
(b) "Adverse action" means any limitation or restriction imposed by a member state's licensing authority, such as revocation, suspension, reprimand, probation or limitation on the licensee's ability to work as a teacher.
(c) "Bylaws" means those bylaws established by the commission.
(d) "Career and technical education license" means a current, valid authorization issued by a member state's licensing authority allowing an individual to serve as a teacher in P-12 public educational settings in a specific career and technical education area.
(e) "Charter member states" means a member state that has enacted legislation to adopt this compact where such legislation predates the initial meeting of the commission after the effective date of the compact.
(f) "Commission" means the interstate teacher mobility compact commission which is the interstate administrative body that has a membership consisting of delegates of all states that have enacted this compact.
(g) "Commissioner" means the delegate of a member state.
(h) "Eligible license" means a license to engage in the teaching profession that requires at least a bachelor's degree and the completion of a state-approved program for teacher licensure.
(i) "Eligible military spouse" means the spouse of any individual in full-time duty status in the active armed forces of the United States including members of the national guard and reserve moving as a result of a military mission or military career progression requirements or are on a terminal move as a result of separation or retirement, including surviving spouses of deceased military members.
(j) "Executive committee" means a group of commissioners elected or appointed to act on behalf of, and within the powers granted by, the commission as provided for herein.
(k) "Licensing authority" means an official, agency, board or other entity of a state that is responsible for the licensing and regulation of teachers authorized to teach in P-12 public educational settings.
(l) "Member state" means any state that has adopted this compact, including all agencies and officials of such state.
(m) "Receiving state" means any state where a teacher has applied for licensure under this compact.
(n) "Rule" means any regulation promulgated by the commission under this compact, which shall have the force of law in each member state.
(o) "State" means a state, territory or other possession of the United States and the District of Columbia.
(p) "State practice laws" means a member state's laws and rules and regulations that govern the teaching profession, define the scope of such profession and create the methods and grounds for imposing discipline.
(q) "State specific requirements" means a requirement for licensure covered in coursework or examination that includes content of unique interest to the state.
(r) "Teacher" means an individual who currently holds an authorization from a member state that forms the basis for employment in the P-12 public schools of the state to provide instruction in a specific subject area, grade level or student population.
(s) "Unencumbered license" means a current, valid authorization issued by a member state's licensing authority allowing an individual to serve as a teacher in P-12 public educational settings. An "unencumbered license" is not a restricted, probationary, provisional, substitute or temporary credential.
ARTICLE III
LICENSURE UNDER THE COMPACT
(a) Licensure under this compact pertains only to the initial grant of a license by the receiving state. Nothing herein applies to any subsequent or ongoing compliance requirements that a receiving state might require for teachers.
(b) Each member state shall, in accordance with the rules of the commission, define, compile and update as necessary, a list of eligible licenses and career and technical education licenses that the member state is willing to consider for equivalency under this compact and provide the list to the commission. The list shall include those licenses that a receiving state is willing to grant to teachers from other member states, pending a determination of equivalency by the receiving state's licensing authority.
(c) Upon the receipt of an application for licensure by a teacher holding an unencumbered eligible license, the receiving state shall determine which of the receiving state's eligible licenses the teacher is qualified to hold and shall grant such a license or licenses to the applicant. Such a determination shall be made in the sole discretion of the receiving state's licensing authority and may include a determination that the applicant is not eligible for any of the receiving state's eligible licenses. For all teachers who hold an unencumbered license, the receiving state shall grant one or more unencumbered license that, in the receiving state's sole discretion, are equivalent to the license held by the teacher in any other member state.
(d) For active military members and eligible military spouses who hold a license that is not unencumbered, the receiving state shall grant an equivalent license or licenses that, in the receiving state's sole discretion, is equivalent to the license or licenses held by the teacher in any other member state, except where the receiving state does not have an equivalent license.
(e) For a teacher holding an unencumbered career and technical education license, the receiving state shall grant an unencumbered license equivalent to the career and technical education license held by the applying teacher and issued by another member state, as determined by the receiving state in its sole discretion, except where a career and technical education teacher does not hold a bachelor's degree and the receiving state requires a bachelor's degree for licenses to teach career and technical education. A receiving state may require career and technical education teachers to meet state industry recognized requirements, if required by law in the receiving state.
ARTICLE IV
LICENSURE NOT UNDER THE COMPACT
(a) Except as provided in article III, nothing in this compact shall be construed to limit or inhibit the power of a member state to regulate licensure or endorsements overseen by the member state's licensing authority.
(b) When a teacher is required to renew a license received pursuant to this compact, the state granting such a license may require the teacher to complete state specific requirements as a condition of licensure renewal or advancement in that state.
(c) For the purposes of determining compensation, a receiving state may require additional information from teachers receiving a license under the provisions of this compact.
(d) Nothing in this compact shall be construed to limit the power of a member state to control and maintain ownership of its information pertaining to teachers or limit the application of a member state's laws or regulations governing the ownership, use or dissemination of information pertaining to teachers.
(e) Nothing in this compact shall be construed to invalidate or alter any existing agreement or other cooperative arrangement that a member state may already be a party to, or limit the ability of a member state to participate in any future agreement or other cooperative arrangement to:
(1) Award teaching licenses or other benefits based on additional professional credentials, including, but not limited to national board certification;
(2) participate in the exchange of names of teachers whose license has been subject to an adverse action by a member state; or
(3) participate in any agreement or cooperative arrangement with a non-member state.
ARTICLE V
TEACHER QUALIFICATIONS AND REQUIREMENTS FOR
LICENSURE UNDER THE COMPACT
(a) Except as provided for active military members or eligible military spouses in article III(d), a teacher may only be eligible to receive a license under this compact where that teacher holds an unencumbered license in a member state.
(b) A teacher eligible to receive a license under this compact shall, unless otherwise provided for herein:
(1) Upon application to receive a license under this compact, undergo a criminal background check in the receiving state in accordance with the laws and regulations of the receiving state; and
(2) provide the receiving state with information in addition to the information required for licensure for the purposes of determining compensation, if applicable.
ARTICLE VI
DISCIPLINE AND ADVERSE ACTIONS
(a) Nothing in this compact shall be deemed or construed to limit the authority of a member state to investigate or impose disciplinary measures on teachers according to the state practice laws thereof.
(b) Member states shall provide and be authorized to receive files and information regarding the investigation and discipline, if any, of teachers in other member states upon request. Any member state receiving such information or files shall protect and maintain the security and confidentiality thereof, in at least the same manner that it maintains its own investigatory or disciplinary files and information. Prior to disclosing any disciplinary or investigatory information received from another member state, the disclosing state shall communicate its intention and purpose for such disclosure to the member state which originally provided that information.
ARTICLE VII
ESTABLISHMENT OF THE INTERSTATE TEACHER
MOBILITY COMPACT COMMISSION
(a) The interstate compact member states hereby create and establish a joint public agency known as the interstate teacher mobility compact commission. The commission is a joint interstate governmental agency comprised of states that have enacted the interstate teacher mobility compact. Nothing in this interstate compact shall be construed to be a waiver of sovereign immunity.
(b)
Membership, voting, and meetings.
(1) Each member state shall have and be limited to one delegate to the commission, who shall be given the title of commissioner.
(2) The commissioner shall be the primary administrative officer of the state licensing authority or the commissioner's designee.
(3) Any commissioner may be removed or suspended from office as provided by the law of the state from which the commissioner is appointed.
(4) The member state shall fill any vacancy occurring in the commission within 90 days.
(5) Each commissioner shall be entitled to one vote about the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for commissioners' participation in meetings by telephone or other means of communication.
(6) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
(7) The commission shall establish by rule a term of office for commissioners.
(c) The commission shall have the following powers and duties:
(1) Establish a code of ethics for the commission;
(2) establish the fiscal year of the commission;
(3) establish bylaws for the commission;
(4) maintain its financial records in accordance with the bylaws of the commission;
(5) meet and take such actions as are consistent with the provisions of this interstate compact, the bylaws and rules of the commission;
(6) promulgate uniform rules to implement and administer this interstate compact. The rules shall have the force and effect of law and shall be binding in all member states. In the event the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then such an action by the commission shall be invalid and have no force and effect of law;
(7) bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any member state licensing authority to sue or be sued under applicable law shall not be affected;
(8) purchase and maintain insurance and bonds;
(9) borrow, accept or contract for services of personnel, including, but not limited to, employees of a member state or an associated non-governmental organization that is open to membership by all states;
(10) hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;
(11) lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve or use, any property, real, personal or mixed, provided that at all times the commission shall avoid any appearance of impropriety;
(12) sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property real, personal or mixed;
(13) establish a budget and make expenditures;
(14) borrow money;
(15) appoint committees, including standing committees composed of members and such other interested persons as may be designated in this interstate compact, rules or bylaws;
(16) provide and receive information from, and cooperate with, law enforcement agencies;
(17) establish and elect an executive committee;
(18) establish and develop a charter for an executive information governance committee to advise on facilitating exchange of information, use of information, data privacy and technical support needs, and provide reports as needed;
(19) perform such other functions as may be necessary or appropriate to achieve the purposes of this interstate compact consistent with the state regulation of teacher licensure; and
(20) determine whether a state's adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact.
(d) The executive committee of the interstate teacher mobility compact commission.
(1) The executive committee shall have the power to act on behalf of the commission according to the terms of this interstate compact.
(2) The executive committee shall be composed of the following eight voting members:
(A) The commission chair, vice chair and treasurer; and
(B) five members who are elected by the commission from the current membership, including:
(i) Four voting members representing geographic regions in accordance with commission rules; and
(ii) one at large voting member in accordance with commission rules.
(3) The commission may add or remove members of the executive committee as provided in commission rules.
(4) The executive committee shall meet at least once annually.
(5) The executive committee shall have the following duties and responsibilities:
(A) Recommend to the entire commission changes to the rules or bylaws, changes to the compact legislation, fees paid by interstate compact member states such as annual dues and any compact fee charged by the member states on behalf of the commission;
(B) ensure commission administration services are appropriately provided, contractual or otherwise;
(C) prepare and recommend the budget;
(D) maintain financial records on behalf of the commission;
(E) monitor compliance of member states and provide reports to the commission; and
(F) perform other duties as provided in rules or bylaws.
(6)
Meetings of the commission.
(A) All meetings shall be open to the public, and public notice of meetings shall be given in accordance with commission bylaws.
(B) The commission or the executive committee or other committees of the commission may convene in a closed, non-public meeting if the commission or executive committee or other committees of the commission must discuss:
(i) Non-compliance of a member state with its obligations under the compact;
(ii) the employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;
(iii) current, threatened, or reasonably anticipated litigation;
(iv) negotiation of contracts for the purchase, lease or sale of goods, services or real estate;
(v) accusing any person of a crime or formally censuring any person;
(vi) disclosure of trade secrets or commercial or financial information that is privileged or confidential;
(vii) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(viii) disclosure of investigative records compiled for law enforcement purposes;
(ix) disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact;
(x) matters specifically exempted from disclosure by federal or member state statute; and
(xi) others matters as set forth by commission bylaws and rules.
(C) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
(D) The commission shall keep minutes of commission meetings and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
(7)
Financing of the commission.
(A) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.
(B) The commission may accept all appropriate donations and grants of money, equipment, supplies, materials and services, and receive, utilize and dispose of the same, provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest.
(C) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission, in accordance with the commission rules.
(D) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
(E) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to accounting procedures established under commission bylaws. All receipts and disbursements of funds of the commission shall be reviewed annually in accordance with commission bylaws, and a report of the review shall be included in and become part of the annual report of the commission.
(8)
Qualified immunity, defense and indemnification.
(A) The members, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person.
(B) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining such person's own counsel, and provided further, that the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct.
(C) The commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person.
ARTICLE VIII
RULEMAKING
(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this interstate compact and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
(b) The commission shall promulgate reasonable rules to achieve the intent and purpose of this interstate compact. In the event the commission exercises its rulemaking authority in a manner that is beyond purpose and intent of this interstate compact or the powers granted hereunder, then such an action by the commission shall be invalid and have no force and effect of law in the member states.
(c) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.
(d) Rules or amendments to the rules shall be adopted or ratified at a regular or special meeting of the commission in accordance with commission rules and bylaws.
(e) (1) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 48 hours' notice, with opportunity to comment, provided that the usual rulemaking procedures shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule.
(2) For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
(A) Meet an imminent threat to public health, safety or welfare;
(B) prevent a loss of commission or member state funds;
(C) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
(D) protect public health and safety.
ARTICLE IX
FACILITATING INFORMATION EXCHANGE
(a) The commission shall provide for facilitating the exchange of information to administer and implement the provisions of this compact in accordance with the rules of the commission, consistent with generally accepted data protection principles.
(b) Nothing in this compact shall be deemed or construed to alter, limit or inhibit the power of a member state to control and maintain ownership of its licensee information or alter, limit or inhibit the laws or regulations governing licensee information in the member state.
ARTICLE X
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
(a)
Oversight.
(1) The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact shall have standing as statutory law.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any such similar matter.
(3) All courts and all administrative agencies shall take judicial notice of the compact, the rules of the commission, and any information provided to a member state pursuant thereto in any judicial or quasi-judicial proceeding in a member state pertaining to the subject matter of this compact, or which may affect the powers, responsibilities or actions of the commission.
(4) The commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission service of process shall render a judgment or order void as to the commission, this compact or promulgated rules.
(b)
Default.
(1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:
(A) Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default or any other action to be taken by the commission; and
(B) provide remedial training and specific technical assistance regarding the default.
(c) Termination.
(1) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the commissioners of the member states, and all rights, privileges and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(2) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, the state licensing authority and each of the member states.
(3) A state that has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(4) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
(d)
Appeals.
The defaulting state may appeal the action of the commission by petitioning the United States district court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
(e)
Dispute resolution.
(1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states.
(2) The commission shall promulgate a rule providing for both binding and non- binding alternative dispute resolution for disputes as appropriate.
(f)
Enforcement.
(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(2) By majority vote, the commission may initiate legal action in the United States district court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
ARTICLE XI
EFFECTUATION, WITHDRAWAL, AND AMENDMENT
(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the 10th member state.
(1) On or after the effective date of the compact, the commission shall convene and review the enactment of each of the charter member states to determine if the statute enacted by each such charter member state is materially different from the model compact statute.
(2) A charter member state whose enactment is found to be materially different from the model compact statute shall be entitled to the default process set forth in article X.
(3) Member states enacting the compact subsequent to the charter member states shall be subject to the process set forth in article VII(c)(20) to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in the compact.
(b) If any member state is later found to be in default, is terminated or withdraws from the compact, the commission shall remain in existence and the compact shall remain in effect even if the number of member states is fewer than 10.
(c) Any state that joins the compact after the commission's initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state, as the rules and bylaws may be amended as provided in this compact.
(d) Any member state may withdraw from this compact by enacting a statute repealing the same. A member state's withdrawal shall not take effect until six months after enactment of the repealing statute. Withdrawal shall not affect the continuing requirement of the withdrawing state's licensing authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
ARTICLE XII
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any member state or a state seeking membership in the compact, or of the United States or the applicability thereof to any other government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
ARTICLE XIII
CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
(a) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact.
(b) Any laws, statutes, regulations or other legal requirements in a member state in conflict with the compact are superseded to the extent of the conflict.
(c) All permissible agreements between the commission and the member states are binding in accordance with such agreement's terms.
History: L. 2023, ch. 61, § 1; July 1.
This section shall be known and may be cited as the school psychologist compact.
SECTION 1—PURPOSE
The purpose of this compact is to facilitate the interstate practice of school psychology in educational or school settings and in so doing to improve the availability of school psychological services to the public. This compact is intended to establish a pathway to allow school psychologists to obtain equivalent licenses to provide school psychological services in any member state. In this way, this compact shall enable the member states to ensure that safe and effective school psychological services are available and delivered by appropriately qualified professionals in their educational settings.
To facilitate the objectives described above, this compact:
(a) Enables school psychologists who qualify for receipt of an equivalent license to practice in other member states without first satisfying burdensome and duplicative requirements;
(b) promotes the mobility of school psychologists between and among the member states in order to address workforce shortages and to ensure that safe and reliable school psychological services are available in each member state;
(c) enhances the public accessibility of school psychological services by increasing the availability of qualified, licensed school psychologists through the establishment of an efficient and streamlined pathway for licensees to practice in other member states;
(d) preserves and respects the authority of each member state to protect the health and safety of its residents by ensuring that only qualified, licensed professionals are authorized to provide school psychological services within that state;
(e) requires school psychologists practicing within a member state to comply with the scope of practice laws present in the state where the school psychological services are being provided;
(f) promotes cooperation between the member states in regulating the practice of school psychology within those states; and
(g) facilitates the relocation of military members and their spouses who are licensed to provide school psychological services.
SECTION 2—DEFINITIONS
As used in this compact:
(a) "Active military member" means any person with full-time duty status in the armed forces of the United States, including members of the national guard and reserve.
(b) "Adverse action" means disciplinary action or encumbrance imposed on a license by a state licensing authority.
(c) "Alternative program" means a non-disciplinary, prosecutorial diversion, monitoring or practice remediation process entered into in lieu of an adverse action that is applicable to a school psychologist and approved by the state licensing authority of a member state where the participating school psychologist is licensed. This includes, but is not limited to, programs that licensees with substance abuse or addiction issues may be referred in lieu of an adverse action.
(d) "Commissioner" means the individual appointed by a member state to serve as the representative to the commission for that member state.
(e) "Compact" means this school psychologist interstate licensure compact.
(f) "Continuing professional education" means a requirement, imposed by a member state as a condition of license renewal to provide evidence of successful participation in professional educational activities relevant to the provision of school psychological services.
(g) "Criminal background check" means the submission of fingerprints or other biometric information for a license applicant for the purpose of obtaining that applicant's criminal history record information, as defined in 28 C.F.R. § 20.3(d), and the state's criminal history record repository, as defined in 28 C.F.R. § 20.3(f).
(h) "Doctoral level degree" means a graduate degree program that consists of at least 90 graduate semester hours in the field of school psychology, including a supervised internship.
(i) "Encumbered license" means a license that a state licensing authority has limited in any way other than through an alternative program, including temporary or provisional licenses.
(j) "Executive Committee" means the commission's chair, vice chair, secretary and treasurer and any other commissioners as may be determined by commission rule or bylaw.
(k) "Equivalent license" means a license to practice school psychology that a member state has identified as a license that may be provided to school psychologists from other member states pursuant to this compact.
(l) "Home state" means the member state that issued the home state license to the licensee and is the licensee's primary state of practice.
(m) "Home state license" means the license that is not an encumbered license issued by the home state to provide school psychological services.
(n) "License" means a current license, certification or other authorization granted by a member state's licensing authority that permits an individual to provide school psychological services.
(o) "Licensee" means an individual who holds a license from a member state to provide school psychological services.
(p) "Member state" means a state that has enacted the compact and been admitted to the commission in accordance with the provisions herein and commission rules.
(q) "Model compact" means the model language for the school psychologist interstate licensure compact on file with the council of state governments or other entity as designated by the commission.
(r) "Practice of school psychology" means the delivery school psychological services.
(s) "Qualifying national exam" means a national licensing examination endorsed by the national association of school psychologists and any other exam as approved by the rules of the commission.
(t) "Qualifying school psychologist education program" means an education program that awards a specialist-level degree or doctoral-level degree or equivalent upon completion and is approved by the rules of the commission as meeting the necessary minimum educational standards to ensure that its graduates are ready, qualified and able to engage in the practice of school psychology.
(u) "Remote state" means a member state other than the home state where a licensee holds a license through the compact.
(v) "Rule" means a regulation promulgated by an entity, including, but not limited to, the commission and the state licensing authority of each member state that has the force of law.
(w) "School psychological services" means academic, mental and behavioral health services, including assessment, prevention, consultation and collaboration, intervention and evaluation provided by a school psychologist in a school, as outlined in applicable professional standards as determined by commission rule.
(x) "School psychologist" means an individual who has met the requirements to obtain a home state license that legally conveys the professional title of school psychologist or its equivalent as determined by the rules of the commission.
(y) "School psychologist interstate licensure compact commission" or "commission" means the joint government agency established by this compact whose membership consists of representatives from each member state that has enacted the compact, and as further described in section 7.
(z) "Scope of practice" means the procedures, actions and processes a school psychologist licensed in a state is permitted to undertake in that state and the circumstances under which that licensee is permitted to undertake those procedures, actions and processes. Such procedures, actions and processes, and the circumstances under which they may be undertaken, may be established through means including, but not limited to, statute, regulations, case law and other processes available to the state licensing authority or other government agency.
(aa) "Specialist-level degree" means a degree program that requires at least 60 graduate semester hours or equivalent in the field of school psychology, including a supervised internship.
(bb) "State" means any state, commonwealth, district or territory of the United States of America.
(cc) "State licensing authority" means a member state's regulatory body responsible for issuing licenses or otherwise overseeing the practice of school psychology.
(dd) "State specific requirement" means a requirement for licensure covered in coursework or examination that includes content of unique interest to the state.
(ee) "Unencumbered license" means a license that authorizes a licensee to engage in the full and unrestricted practice of school psychology.
SECTION 3—STATE PARTICPATION IN THE COMPACT
(a) To be eligible to join this compact and to maintain eligibility as a member state, a state must:
(1) Enact a compact statute that is not materially different from the model compact as defined in the commission's rules;
(2) participate in the sharing of information with other member states as reasonably necessary to accomplish the objectives of this compact and as further defined in section 8;
(3) identify and maintain with the commission a list of equivalent licenses available to licensees who hold a home state license under this compact;
(4) have a mechanism in place for receiving and investigating complaints about licensees;
(5) notify the commission, in compliance with the terms of the compact and the commission's rules, of any adverse action taken against a licensee or of the availability of investigative information that relates to a licensee or applicant for licensure;
(6) require that applicants for a home state license have:
(A) Taken and passed a qualifying national exam as defined by the rules of the commission; and
(B) completed a minimum of 1200 hours of supervised internship and at least 600 of such hours must have been completed in a school prior to being approved for licensure; and
(C) graduated from a qualifying school psychologist education program; and
(7) comply with the terms of this compact and the rules of the commission.
(b) Each member state shall grant an equivalent license to practice school psychology in that state upon application by a licensee who satisfies the criteria of section 4(a). Each member state shall grant renewal of the equivalent license to a licensee who satisfies the criteria of section 4(b).
(c) Member states may set and collect a fee for granting an equivalent license.
SECTION 4—SCHOOL PSYCHOLOGIST PARTICIPATION IN THE COMPACT
(a) To obtain and maintain an equivalent license from a remote state under this compact, a licensee must:
(1) Hold and maintain an active home state license;
(2) satisfy any applicable state specific requirements established by the member state after an equivalent license is granted;
(3) complete any administrative or application requirements that the commission may establish by rule and pay any associated fees;
(4) complete any requirements for renewal in the home state, including applicable continuing professional education requirements; and
(5) upon their application to receive a license under this compact, undergo a criminal background check in the member state where the equivalent license is sought in accordance with the laws and regulations of such member state.
(b) To renew an equivalent license in a member state other than the home state, a licensee must only apply for renewal, complete a background check and pay renewal fees as determined by the licensing authority.
SECTION 5—ACTIVE MILITARY MEMBERS OR THEIR SPOUSES
A licensee who is an active military member or is the spouse of an active military member shall be deemed to hold a home state license in any of the following locations:
(a) The licensee's permanent residence;
(b) a member state that is the licensee's primary state of practice; or
(c) a member state where the licensee has relocated pursuant to a permanent change of station (PCS).
SECTION 6—DISCIPLINE AND ADVERSE ACTIONS
(a) Nothing in this compact shall be deemed or construed to limit the authority of a member state to investigate or impose disciplinary measures on licensees according to the state practice laws thereof.
(b) Member states shall be authorized to receive and shall provide, files and information regarding the investigation and discipline, if any, of licensees in other member states upon request. Any member state receiving such information or files shall protect and maintain the security and confidentiality of such information or files, in at least the same manner that it maintains its own investigatory or disciplinary files and information. Prior to disclosing any disciplinary or investigatory information received from another member state, the disclosing state shall communicate its intention and purpose for such disclosure to the member state that originally provided that information.
SECTION 7—ESTABLISHMENT OF THE SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE COMPACT COMMISSION
(a) The member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the compact, and this agency shall be known as the school psychologist interstate licensure compact commission. The commission is an instrumentality of the member states acting jointly and not an instrumentality of any one state. The commission shall come into existence on or after the effective date of the compact as set forth in section 11.
(b) Membership, voting and meetings.
(1) Each member state shall have and be limited to one delegate selected by that member state's state licensing authority.
(2) The delegate shall be the primary administrative officer of the member state licensing authority or their designee who is an employee of the member state licensing authority.
(3) The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.
(4) The commission may recommend removal or suspension of any delegate from office.
(5) A member state's licensing authority shall fill any vacancy of its delegate occurring on the commission within 60 days of the vacancy.
(6) Each delegate shall be entitled to one vote on all matters before the commission requiring a vote by commission delegates.
(7) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates to meet by telecommunication, video conference or other means of communication.
(8) The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, video conference or other similar electronic means.
(c) The commission shall have the following powers:
(1) Establish the fiscal year of the commission;
(2) establish code of conduct and conflict of interest policies;
(3) establish and amend rules and bylaws;
(4) establish the procedure through which a licensee may change their home state;
(5) maintain its financial records in accordance with the bylaws;
(6) meet and take such actions as are consistent with the provisions of this compact, the commission's rules and the bylaws;
(7) initiate and conclude legal proceedings or actions in the name of the commission, provided that the standing of any member state licensing authority to sue or be sued under applicable law shall not be affected;
(8) maintain and certify records and information provided to a member state as the authenticated business records of the commission and designate an agent to do so on the commission's behalf;
(9) purchase and maintain insurance and bonds;
(10) borrow, accept or contract for services of personnel, including, but not limited to, employees of a member state;
(11) conduct an annual financial review;
(12) hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;
(13) assess and collect fees;
(14) accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials and services, and receive, utilize and dispose of the same, provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest;
(15) lease, purchase, retain, own, hold, improve or use any property, real, personal or mixed or any undivided interest in such property;
(16) sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property real, personal or mixed;
(17) establish a budget and make expenditures;
(18) borrow money;
(19) appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;
(20) provide and receive information from, and cooperate with, law enforcement agencies;
(21) establish and elect an executive committee, including a chair and a vice chair;
(22) determine whether a state's adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact; and
(23) perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.
(d) The executive committee.
(1) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact. The powers, duties and responsibilities of the executive committee shall include:
(A) Oversee the day-to-day activities of the administration of the compact, including enforcement and compliance with the provisions of the compact, its rules and bylaws and other such duties as deemed necessary;
(B) recommend to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to member states, fees charged to licensees and other fees;
(C) ensure compact administration services are appropriately provided, including by contract;
(D) prepare and recommend the budget;
(E) maintain financial records on behalf of the commission;
(F) monitor compact compliance of member states and provide compliance reports to the commission;
(G) establish additional committees as necessary;
(H) exercise the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and
(I) other duties as provided in the rules or bylaws of the commission.
(2) The executive committee shall be composed of up to seven members:
(A) The chair and vice chair of the commission shall be voting members of the executive committee; and
(B) The commission shall elect five voting members from the current membership of the commission.
(2) The commission may remove any member of the executive committee as provided in the commission's bylaws.
(3) The executive committee shall meet at least annually.
(A) Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, nonpublic meeting as provided in subsection (f)(2).
(B) The executive committee shall give 30 days' notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the commission.
(C) The executive committee may hold a special meeting in accordance with subsection (f)(1)(B).
(e) The commission shall adopt and provide to the member states an annual report.
(f) Meetings of the commission.
(1) All meetings shall be open to the public, except that the commission may meet in a closed, nonpublic meeting as provided in subsection (f)(2).
(A) Public notice for all meetings of the full commission of meetings shall be given in the same manner as required under the rulemaking provisions in section 9, except that the commission may hold a special meeting as provided in subsection (f)(1)(B).
(B) The commission may hold a special meeting when it must meet to conduct emergency business by giving 48 hours' notice to all commissioners, on the commission's website, and other means as provided in the commission's rules. The commission's legal counsel shall certify that the commission's need to meet qualifies as an emergency.
(2) The commission or the executive committee or other committees of the commission may convene in a closed, nonpublic meeting for the commission or executive committee or other committees of the commission to receive legal advice or to discuss:
(A) Noncompliance of a member state with its obligations under the compact;
(B) the employment, compensation, discipline or other matters, practices or procedures related to specific employees;
(C) current or threatened discipline of a licensee by the commission or by a member state's licensing authority;
(D) current, threatened or reasonably anticipated litigation;
(E) negotiation of contracts for the purchase, lease or sale of goods, services or real estate;
(F) accusing any person of a crime or formally censuring any person;
(G) trade secrets or commercial or financial information that is privileged or confidential;
(H) information of a personal nature when disclosure would constitute a clearly unwarranted invasion of personal privacy;
(I) investigative records compiled for law enforcement purposes;
(J) information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact;
(K) matters specifically exempted from disclosure by federal or member state law; or
(L) other matters as promulgated by the commission by rule.
(3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.
(4) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken and the reasons for such actions, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
(g) Financing of the commission.
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources as provided in subsection (c)(12).
(3) The commission may levy on and collect an annual assessment from each member state and impose fees on licensees practicing in the member states under an equivalent license to cover the cost of the operations and activities of the commission and its staff, that must be in a total amount sufficient to cover its annual budget as approved each year when revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the commission shall promulgate by rule.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the commission.
(h) Qualified immunity, defense and indemnification.
(1) The members, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities. Nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the commission shall not in any way compromise or limit the immunity granted in this paragraph.
(2) The commission shall defend any member, officer, executive director, employee and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities. Nothing in this paragraph shall be construed to prohibit that person from retaining their own counsel at their own expense and, provided further, that the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee and representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person.
(4) Nothing in this compact shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, that shall be governed solely by any other applicable state laws.
(5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman antitrust act of 1890, Clayton act 15 U.S.C. §§ 12-27 or any other state or federal antitrust or anticompetitive law or regulation.
(6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the commission.
SECTION 8—FACILITATING INFORMATION EXCHANGE
(a) The commission shall provide for facilitating the exchange of information to administer and implement the provisions of this compact in accordance with the rules of the commission, consistent with generally accepted data protection principles.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall agree to provide for the facilitation of the following licensee information as required by the rules of the commission, including:
(1) Identifying information;
(2) licensure data;
(3) adverse actions against a license and information related thereto;
(4) nonconfidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation not made confidential under member state law;
(5) any denial of application for licensure, and the reasons for such denial;
(6) the presence of investigative information; and
(7) other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the commission.
(c) Nothing in this compact shall be deemed or construed to alter, limit or inhibit the power of a member state to control and maintain ownership of its licensee information or alter, limit or inhibit the laws or regulations governing licensee information in the member state.
SECTION 9—RULEMAKING
(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this interstate compact and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
(b) The commission shall promulgate reasonable rules to achieve the intent and purpose of this interstate compact. In the event the commission exercises its rulemaking authority in a manner that is beyond purpose and intent of this interstate compact, or the powers granted hereunder, then such an action by the commission shall be invalid and have no force and effect of law in the member states.
(c) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.
(d) Rules or amendments to the rules shall be adopted or ratified at a regular or special meeting of the commission in accordance with commission rules and bylaws.
(e) Prior to promulgation and adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting when the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:
(1) On the website of the commission or other publicly accessible platform; and
(2) on the website of each member state licensing authority or other publicly accessible platform or the publication where each state would otherwise publish proposed rules.
(f) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 48 hours' notice, with opportunity to comment, provided that the usual rulemaking procedures shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
(1) Meet an imminent threat to public health, safety or welfare.
(A) Prevent a loss of commission or member state funds;
(B) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
(C) protect public health and safety.
SECTION 10—OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
(a) Oversight.
(1) The executive and judicial branches of the state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement the compact.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any such similar matter.
(3) The commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission service of process shall render a judgment or order void as to the commission, this compact or promulgated rules.
(b) Default, technical assistance and termination.
(1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the commission may take, and shall offer training and specific technical assistance regarding the default.
(2) The commission shall provide a copy of the notice of default to the other member states.
(c) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a supermajority of the delegates of the member states, and all rights, privileges and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, the defaulting state's licensing authority and each of the member states' licensing authorities.
(e) A state that has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(f) Upon the termination of a state's membership from this compact, that state shall immediately provide notice to all licensees within that state of such termination. The terminated state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of said notice of termination.
(g) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
(h) The defaulting state may appeal the action of the commission by petitioning the United States district court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
(i) Dispute resolution.
(1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.
(2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(j) Enforcement.
(1) By majority vote as provided by rule, the commission may initiate legal action against a member state in default in the United States district court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting member state's law.
(2) A member state may initiate legal action against the commission in the United States district court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
(3) No person other than a member state shall enforce this compact against the commission.
SECTION 11—EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT
(a) The compact shall come into effect on the date that the compact statute is enacted into law in the seventh member state.
(1) On or after the effective date of the compact indicated above, the commission shall convene and review the enactment of each of the charter member states to determine if the statute enacted by each such charter member state is materially different than the model compact statute.
(A) A charter member state whose enactment is found to be materially different from the model compact statute shall be entitled to the default process set forth in section 10.
(B) If any member state is later found to be in default, or is terminated or withdraws from the compact, the commission shall remain in existence and the compact shall remain in effect even if the number of member states should be less than seven.
(2) Member states enacting the compact subsequent to the charter member states shall be subject to the process set forth in section 7(c)(21) to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in the compact.
(3) All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission.
(A) Any state that joins the compact subsequent to the commission's initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date that the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(B) Any member state may withdraw from this compact by enacting a statute repealing the same.
(b) A member state's withdrawal shall not take effect until 180 days after enactment of the repealing statute.
(c) Withdrawal shall not affect the continuing requirement of the withdrawing state's licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
(d) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of such notice of withdrawal.
(1) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.
(2) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
SECTION 12—CONSTRUCTION AND SEVERABILITY
(a) This compact and the commission's rulemaking authority shall be liberally construed so as to effectuate the purposes, implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the commission's rulemaking authority solely for those purposes.
(b) The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.
(c) Notwithstanding subsection (b), the commission may deny a state's participation in the compact or, in accordance with the requirements of section 10(b), terminate a member state's participation in the compact, if it determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
SECTION 13—CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
(a) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact.
(b) Any laws, statutes, regulations, or other legal requirements in a member state in conflict with the compact are superseded to the extent of the conflict.
(c) All permissible agreements between the commission and the member states are binding in accordance with their terms.
History: L. 2025, ch. 81, § 1; July 1.
Revisor's Note: Section transferred to 72-6486.
Revisor's Note: Section transferred to 72-6487.
Revisor's Note: Section transferred to 72-6488.
Revisor's Note: Section transferred to 72-6489.
Revisor's Note: Section transferred to 72-6490.
Revisor's Note: Section transferred to 72-6491.
Revisor's Note: Section transferred to 72-6492.
Revisor's Note: Section transferred to 72-6493.
Revisor's Note: Section transferred to 72-6494.
History: L. 1968, ch. 401, §§ 11, 12; Repealed, L. 1973, ch. 292, § 56; June 1.
Revisor's Note: Section transferred to 72-6495.
Revisor's Note: Section transferred to 72-6496.
Revisor's Note: Section transferred to 72-6497.
History: L. 1972, ch. 283, § 1; Repealed, L. 1976, ch. 40, § 12; July 1.
Revisor's Note: Section transferred to 72-6498.
Revisor's Note: Section transferred to 72-6499.
Revisor's Note: Section transferred to 72-64,100.
Revisor's Note: Section transferred to 72-64,101.
Revisor's Note: Section transferred to 72-1878.
Revisor's Note: Section transferred to 72-1879.
Revisor's Note: Section transferred to 72-1880.
Revisor's Note: Section transferred to 72-1881.
History: L. 1969, ch. 358, §§ 1, 2; Repealed, L. 1979, ch. 186, § 33; July 1.
History: L. 1969, ch. 360, §§ 1 to 7; Repealed, L. 1979, ch. 186, § 33; July 1.
Revisor's Note: Section transferred to 72-1891.
Revisor's Note: Section transferred to 72-1892.
Revisor's Note: Section transferred to 72-1893.
Revisor's Note: Section transferred to 72-1894.
Revisor's Note: Section transferred to 72-18,101.
Revisor's Note: Section transferred to 72-18,102.
Revisor's Note: Section transferred to 72-2308.
Revisor's Note: Section transferred to 72-2309.
History: L. 1979, ch. 232, § 3; Repealed, L. 1984, ch. 271, § 13; July 1.
Revisor's Note: Section transferred to 72-2310.
Revisor's Note: Section transferred to 72-2311.
Revisor's Note: Section transferred to 72-2312.
History: L. 1979, ch. 232, § 4; Repealed, L. 1984, ch. 271, § 13; July 1.
Revisor's Note: Section transferred to 72-2313.
Revisor's Note: Section transferred to 72-2314.
Revisor's Note: Section transferred to 72-2315.
Revisor's Note: Section transferred to 72-2316.
Revisor's Note: Section transferred to 72-2317.
Revisor's Note: Section transferred to 72-2318.
Revisor's Note: Section transferred to 72-2319.
History: L. 1969, ch. 339, § 13; Repealed, L. 1984, ch. 271, § 13; July 1.
Revisor's Note: Section transferred to 72-2320.
Revisor's Note: Section transferred to 72-2241.
Revisor's Note: Section transferred to 72-2242.
Revisor's Note: Section transferred to 72-2243.
Revisor's Note: Section transferred to 72-708.
Revisor's Note: Section transferred to 72-709.
Revisor's Note: Section transferred to 72-710.
Revisor's Note: Section transferred to 72-711.
Revisor's Note: Section transferred to 72-712.
Revisor's Note: Section transferred to 72-713.
Revisor's Note: Section transferred to 72-714.
Revisor's Note: Section transferred to 72-715.
Revisor's Note: Section transferred to 72-716.
Revisor's Note: Section transferred to 72-53,113.
History: L. 2005, ch. 152, § 26; Repealed, L. 2015, ch. 4, § 81; July 1.
Revisor's Note: Section transferred to 72-53,114.
History: L. 1969, ch. 353, § 2; Repealed, L. 1978, ch. 301, § 2; July 1.
Revisor's Note: Section transferred to 72-53,115.
Revisor's Note: Section transferred to 72-53,116.
Revisor's Note: Section transferred to 72-53,117.
Revisor's Note: Section transferred to 72-53,118.
Revisor's Note: Section transferred to 72-53,119.
Revisor's Note: Section transferred to 72-53,120.
Revisor's Note: Section transferred to 72-53,121.
Revisor's Note: Section transferred to 72-53,122.
History: L. 1969, ch. 353, § 11; Repealed, L. 1978, ch. 301, § 2; July 1.
Revisor's Note: Section transferred to 72-53,123.
Revisor's Note: Section transferred to 72-53,124.
Revisor's Note: Section was amended twice in the 2006 session, see 72-8814a.
History: L. 2005, ch. 2, § 8 (Special Session); L. 2006, ch. 165, § 3; L. 2007, ch. 195, § 36; L. 2010, ch. 165, § 144; L. 2011, ch. 118, § 179; L. 2012, ch. 175, § 154; L. 2013, ch. 136, § 265; L. 2014, ch. 93, § 47; L. 2014, ch. 142, § 112; L. 2015, ch. 1, § 54; L. 2015, ch. 4, § 63; L. 2015, ch. 92, § 8; Repealed, L. 2015, ch. 92, § 15; July 1.
History: L. 2005, ch. 2, § 8 (Special Session); L. 2006, ch. 197, § 28; Repealed, L. 2007, ch. 195, § 59; July 1.
History: L. 2006, ch. 165, § 4; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 2013, ch. 99, § 1; Repealed, L. 2015, ch. 4, § 81; July 1.
Revisor's Note: Section transferred to 72-53,125.
Revisor's Note: Section transferred to 72-6114.
Revisor's Note: Section transferred to 72-6115.
Revisor's Note: Section transferred to 72-6116.
Revisor's Note: Section transferred to 72-6117.
Revisor's Note: Section transferred to 72-6118.
Revisor's Note: Section transferred to 72-6119.
Revisor's Note: Section transferred to 72-6120.
Revisor's Note: Section transferred to 72-6121.
Revisor's Note: Section transferred to 72-6131.
Revisor's Note: Section transferred to 72-6132.
Revisor's Note: Section transferred to 72-6133.
Revisor's Note: Section transferred to 72-6134.
Revisor's Note: Section transferred to 72-6141.
Revisor's Note: Section transferred to 72-6142.
Revisor's Note: Section transferred to 72-6143.
Revisor's Note: Section transferred to 72-6144.
Revisor's Note: Section transferred to 72-6145.
Revisor's Note: Section transferred to 72-6135.
Revisor's Note: Section transferred to 72-6136.
Revisor's Note: Section transferred to 72-6151.
Revisor's Note: Section transferred to 72-6152.
Revisor's Note: Section transferred to 72-6153.
Revisor's Note: Section transferred to 72-6154.
Revisor's Note: Section transferred to 72-6155.
Revisor's Note: Section transferred to 72-6156.
Revisor's Note: Section transferred to 72-6157.
Revisor's Note: Section transferred to 72-6158.
Revisor's Note: Section transferred to 72-2407.
Revisor's Note: Section transferred to 72-2408.
Revisor's Note: Section transferred to 72-2409.
Revisor's Note: Section transferred to 72-2410.
Revisor's Note: Section transferred to 72-2411.
Revisor's Note: Section transferred to 72-2412.
Revisor's Note: Section transferred to 72-6526.
Revisor's Note: Section transferred to 72-6527.
Revisor's Note: Section transferred to 72-6528.
Revisor's Note: Section transferred to 72-6529.
Revisor's Note: Section transferred to 72-4241.
Revisor's Note: Section transferred to 72-13,103.
Revisor's Note: Section transferred to 72-13,104.
History: L. 1978, ch. 299, § 1; L. 1981, ch. 296, § 1; L. 1988, ch. 286, § 1; Repealed, L. 1999, ch. 7, § 1; July 1.
History: L. 1978, ch. 299, § 2; L. 1981, ch. 296, § 2; L. 1984, ch. 273, § 1; Repealed, L. 1999, ch. 7, § 1; July 1.
History: L. 1978, ch. 299, § 3; L. 1981, ch. 296, § 3; L. 1984, ch. 273, § 2; L. 1988, ch. 286, § 2; Repealed, L. 1999, ch. 7, § 1; July 1.
History: L. 1978, ch. 299, § 4; L. 1981, ch. 296, § 4; L. 1984, ch. 273, § 3; Repealed, L. 1999, ch. 7, § 1; July 1.
History: L. 1978, ch. 299, § 5; Repealed, L. 1981, ch. 296, § 7; July 1.
History: L. 1978, ch. 299, § 6; L. 1981, ch. 296, § 5; L. 1984, ch. 273, § 4; Repealed, L. 1999, ch. 7, § 1; July 1.
History: L. 1981, ch. 296, § 6; Repealed, L. 1999, ch. 7, § 1; July 1.
History: L. 1984, ch. 273, § 5; Repealed, L. 1999, ch. 7, § 1; July 1.
Revisor's Note: Section transferred to 72-3609.
Revisor's Note: Section transferred to 72-3610.
Revisor's Note: Section transferred to 72-3611.
Revisor's Note: Section transferred to 72-3612.
History: L. 1979, ch. 220, §§ 5, 6; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1979, ch. 220, § 7; L. 1986, ch. 276, § 3; L. 1987, ch. 278, § 3; Repealed, L. 1992, ch. 280, § 68; July 1.
History: L. 1979, ch. 220, § 9; L. 1981, ch. 297, § 1; L. 1982, ch. 305, § 1; L. 1986, ch. 276, § 4; Repealed, L. 1992, ch. 280, § 68; July 1.
Revisor's Note: Section transferred to 72-3613.
Revisor's Note: Section transferred to 72-3614.
Revisor's Note: Section transferred to 72-2544.
Revisor's Note: Section transferred to 72-2545.
Revisor's Note: Section transferred to 72-2546.
Revisor's Note: Section transferred to 72-2547.
Revisor's Note: Section transferred to 72-2548.
Revisor's Note: Section transferred to 72-2549.
Revisor's Note: Section transferred to 72-2550.
Revisor's Note: Section transferred to 72-2551.
Revisor's Note: Section transferred to 72-2552.
Revisor's Note: Section transferred to 72-2553.
Revisor's Note: Section transferred to 74-32,240.
Revisor's Note: Section transferred to 74-32,241.
Revisor's Note: Section transferred to 74-32,242.
Revisor's Note: Section transferred to 74-32,243.
Revisor's Note: Section transferred to 74-32,244.
Revisor's Note: Section transferred to 74-32,245.
Revisor's Note: Section transferred to 72-3903.
Revisor's Note: Section transferred to 72-3904.
Revisor's Note: Section transferred to 72-3905.
Revisor's Note: Section transferred to 72-3906.
History: L. 1988, ch. 276, § 1; Repealed, L. 1996, ch. 10, § 1; July 1.
History: L. 1988, ch. 276, §§ 2 to 5; L. 1992, ch. 115, §§ 1 to 4; Repealed, L. 1996, ch. 10, § 1; July 1.
History: L. 1989, ch. 213, § 1; L. 1990, ch. 259, § 1; L. 1994, ch. 289, § 9; L. 2003, ch. 9, § 12; Repealed, L. 2003, ch. 158, § 11; July 1.
History: L. 1989, ch. 213, § 2; L. 1990, ch. 259, § 2; L. 1991, ch. 231, § 1; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1989, ch. 213, § 3; L. 1990, ch. 259, § 3; L. 1991, ch. 231, § 2; L. 1994, ch. 289, § 10; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1989, ch. 213, §§ 4, 5; L. 1990, ch. 259, §§ 4, 5; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 1989, ch. 213, §§ 6, 7; Repealed, L. 2003, ch. 104, § 9; July 1.
History: L. 2005, ch. 2, §§ 6, 7 (Special Session); Repealed, L. 2009, ch. 18, § 1; July 1.
Revisor's Note: Section transferred to 72-3566.
Revisor's Note: Section transferred to 72-3567.
Revisor's Note: Section transferred to 72-3568.
Revisor's Note: Section transferred to 72-3569.
Revisor's Note: Section transferred to 72-3570.
Revisor's Note: Section transferred to 72-3571.
Revisor's Note: Section transferred to 72-3572.
Revisor's Note: Section transferred to 72-3573.
(a) The state board of education shall prepare for the use of the public schools a program providing for patriotic exercises the board deems to be expedient, under such instructions as may best meet the varied requirements of the different grades in such schools. The program of patriotic observation of every school district shall include:
(1) A daily recitation of the pledge of allegiance to the flag of the United States of America;
(2) instructions relating to flag etiquette, use and display; and
(3) provisions relating to the observance in public schools of Lincoln's birthday, Washington's birthday, Memorial day, and Flag day and such other legal holidays designated by law.
(b) The state board of education shall adopt any rules and regulations necessary to implement the provisions of subsection (a).
History: L. 1907, ch. 319, § 3; R.S. 1923, 72-5308; L. 1969, ch. 310, § 23; L. 2001, ch. 79, § 1; July 1.
In each public school classroom the teacher in charge may observe a brief period of silence with the participation of all the pupils therein assembled at the opening of every school day. This period shall not be conducted as a religious exercise but shall be an opportunity for silent prayer or for silent reflection on the anticipated activities of the day.
History: L. 1969, ch. 310, § 24; July 1.
No sectarian or religious doctrines shall be taught or inculcated in any of the public schools of a city; but nothing in this section shall be construed to prohibit the reading of the Holy Scriptures, without note or comment.
History: L. 1951, ch. 395, § 42; July 1.
It shall be unlawful for the pupils of any high schools to participate in or be members of any secret fraternity or secret organization whatsoever that is in any degree a school organization.
History: L. 1907, ch. 320, § 1; May 27; R.S. 1923, 72-5311.
(a) Subject to the provisions of subsection (b), when the board of education of a school district allows persons or groups which make pupils and students aware of career or educational opportunities to have access to pupils and students or to names and addresses of pupils and students, the board shall allow official recruiting representatives of the military forces of this state or of the United States to have access on the same basis for the purpose of informing pupils and students of educational and career opportunities available in the military.
(b) A board of education shall not allow any person, group or military recruiter to have access to the name or address of any pupil or student if the student or the parent or guardian of the pupil files a written refusal to permit access to the name and address of the pupil or student. The refusal may apply to any one or more persons, groups or military recruiters or to all persons, groups and military recruiters.
(c) As used in this section:
(1) "Pupil" means any person who is regularly enrolled in a school district and who is less than 18 years of age.
(2) "School district" means a public school district organized under the laws of this state.
(3) "Student" means any person who is regularly enrolled in a school district and who is 18 or more years of age.
History: L. 1982, ch. 289, § 1; July 1.
(a) The board of education of any school district may grant to a teacher of the district a leave of absence with full pay for a period of not more than one year to permit such teacher to teach in a foreign state under the provisions of the teacher exchange program established under public law 87-256, 75 Stat. 527, as amended, and public law 83-480, as amended. The board of education granting such leave of absence may employ with or without pay a national of the foreign state wherein the teacher on leave of absence will teach, if the national is qualified to teach in that foreign state, and if the national will be authorized to teach at a grade level and in a field or subject similar to that which the national is authorized to teach in such foreign state.
(b) Any teacher of this state who participates in the teacher exchange program and teaches in a foreign state shall be deemed to have taught during the period of exchange in the school district by which the teacher is employed for the following purposes: (1) Participation in the Kansas public employees' retirement system; and (2) entitlement to any benefits to which the teacher would have been entitled had the teacher taught in the school district.
(c) No liability, civil or criminal, with respect to the misuse of public funds, shall attach to any board of education, or any member thereof, for effectuating the provisions of this section.
(d) The state board of education shall adopt rules and regulations relating to the temporary licensure of teachers from a foreign state who participate in the teacher exchange program.
History: L. 1982, ch. 288, § 1; L. 2005, ch. 69, § 19; July 1.
(a) As used in this section:
(1) "School" means every school district and every nonpublic school operating in this state.
(2) "School board" means the board of education of a school district or the governing authority of a nonpublic school.
(3) "Proof of identity" means: (A) In the case of a child enrolling in kindergarten or first grade, a certified copy of the birth certificate of the child or, as an alternative, for a child who is in the custody of the secretary for children and families, a certified copy of the court order placing the child in the custody of the secretary and, in the case of a child enrolling in any of the grades two through 12, a certified transcript or other similar pupil records or data; or (B) any documentary evidence which a school board deems to be satisfactory proof of identity.
(b) Whenever a child enrolls or is enrolled in a school for the first time, the school board of the school in which the child in enrolling or being enrolled shall require, in accordance with a policy adopted by the school board, presentation of proof of identity of the child. If proof of identity of the child is not presented to the school board within 30 days after enrollment, the school board shall immediately give written notice thereof to a law enforcement agency having jurisdiction within the home county of the school. Upon receipt of the written notice, the law enforcement agency shall promptly conduct an investigation to determine the identity of the child. No person or persons claiming custody of the child shall be informed of the investigation while it is being conducted.
(c) Schools and law enforcement agencies shall cooperate with each other in the conducting of any investigation required by this section. School personnel shall provide law enforcement agencies with access on school premises to any child whose identity is being investigated. School personnel shall be present at all times any law enforcement agency personnel are on school premises for the purpose of conducting any such investigation unless the school personnel and the law enforcement agency personnel agree that their joint presence is not in the best interests of the child. School personnel who are present during the conducting by a law enforcement agency of an investigation on school premises to determine the identity of a child in accordance with the requirements of this section are subject to the confidentiality requirements of the revised Kansas code for care of children.
(d) Upon receipt by a school of a notice from a law enforcement agency that a child who is or has been enrolled in the school has been reported as a missing child, the school shall make note of the same in a conspicuous manner on the school records of the child and shall keep such school records separate from the school records of all other children enrolled in the school. Upon receipt by the school of a request for the school records of the child, the school shall notify the law enforcement agency of the request.
(e) Each school board may designate and authorize one or more of its school personnel to act on behalf of the school board in complying with the requirements of this section.
(f) Information gathered in the course of the investigation to establish the identity of a child pursuant to this section shall be confidential and shall be used only to establish the identity of the child or in support of any criminal prosecution emanating from the investigation.
History: L. 1986, ch. 268, § 1; L. 2006, ch. 200, § 114; L. 2014, ch. 115, § 291; July 1.
(a) The board of education of any school district is hereby authorized to offer employment to and employ lobbyists and other persons for lobbying and to pay any expenses incurred in connection therewith from the general fund of the school district.
(b) All expenditures heretofore made for the payment of expenses incurred by any school district in connection with or for the purpose of lobbying or the employment of lobbyists are hereby validated and approved in all respects, together with all proceedings authorizing such expenditures, and such expenditures and proceedings shall be valid as though they had been duly and legally authorized originally.
(c) As used in this section, the terms "lobbyist" and "lobbying" shall have the meanings respectively ascribed thereto in article 2 of chapter 46 of Kansas Statutes Annotated.
History: L. 1989, ch. 211, § 1; March 23.
(a) Subject to the provisions of subsection (b), no school district shall be required to provide any person, who is 16 years of age or older, has been prosecuted as an adult, convicted of a crime, and incarcerated in a county jail or state correctional institution, with an opportunity to attend school at a school facility operated by the school district for the period of time the person is incarcerated, nor shall any school district be required to provide any such person with educational services at the county jail or state correctional institution in which the person is incarcerated.
(b) The provisions of subsection (a) do not apply to any person who is under 21 years of age and who, immediately prior to conviction and incarceration, was determined to be a child with a disability for whom an individualized education program had been developed and effectuated under the provisions of the special education for exceptional children act.
History: L. 1995, ch. 141, § 1; L. 1999, ch. 116, § 37; July 1.
(a) Notwithstanding any inconsistent provision of law, the board of education of any school district, pursuant to a policy developed and adopted by it, may provide for participation of the school district in disaster relief programs by way of gift or donation thereto of personal property no longer needed by or useful to the school district. Personal property which may be given or donated to disaster relief programs includes, but is not limited to, furniture, furnishings, supplies, materials and equipment such as desks, chairs, tables, bookcases, file cabinets, specialized clothing, books, workbooks and other materials supplemental to textbooks, maps, charts, laboratory, shop and other instructional apparatus and equipment. The policy may specify: The items of property which are subject to gift or donation under authority of this section; the terms, conditions and procedures under which property may be given or donated to and obtained by disaster relief programs; a manner and method under which applications for the gift or donation of property may be made and received; and actions which may be taken for ascertaining the eligibility of disaster relief programs for gift or donation. The policy shall provide that any costs associated with handling, transportation, delivery or distribution of property given or donated to disaster relief programs under authority of this section shall not be covered by the school district.
(b) As used in this section:
(1) "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or manmade cause, including but not limited to fire, flood, earthquake, wind, storm, epidemics, air contamination, blight, drought, infestation, explosion, riot or hostile military or paramilitary action;
(2) "disaster relief" means the performance of functions or engagement in activities to minimize, repair, relieve or aid in recovery from injury and damage resulting from disasters;
(3) "disaster relief program" means a program established and operated for the purpose of disaster relief by any nonprofit and tax exempt entity having a demonstrable plan for handling, transportation, delivery and distribution of property to the areas and people affected by disaster; and
(4) "nonprofit and tax exempt entity" means and includes, but is not limited to, church or other religious societies, benevolent or charitable organizations and associations, social service agencies, civic or community organizations and associations, and corporations or other entities organized for the purpose of providing humanitarian services.
History: L. 1989, ch. 212, § 1; July 1.
Each school district shall provide written notice to each teacher employed by such district of protections afforded teachers under the Kansas tort claims act pursuant to K.S.A. 75-6101 et seq., and amendments thereto. Such notice shall include information about the Kansas tort claims act, a teacher's coverage as an employee of the district under the Kansas tort claims act, the amount of liability coverage provided for claims which could give rise to an action under the Kansas tort claims act against a teacher and the procedure in which to request a defense under the Kansas tort claims act pursuant to K.S.A. 75-6108, and amendments thereto.
History: L. 2014, ch. 93, § 31; May 1.
(a) Each member district 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 such member's district. 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 meeting of school patrons of that member district called for the purpose by the board of education, and shall serve for a term of two years. 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 vacancy 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 publication, 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 resolution 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 question 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 conducted by mail ballot.
History: L. 1969, ch. 337, § 14; L. 1974, ch. 316, § 1; L. 1976, ch. 320, § 1; L. 2003, ch. 104, § 5; July 1.
If any clause, paragraph, subsection or section of this act [] shall be held invalid or unconstitutional it shall be conclusively presumed that the legislature would have enacted the remainder of this act [] without such invalid or unconstitutional clause, paragraph, subsection or section.
History: L. 1969, ch. 310, § 61; July 1.
If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of the act without such invalid or unconstitutional clause, paragraph, subsection or section.
History: L. 1995, ch. 263, § 5; July 1.
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application. To this end the provisions of this act are severable.
History: L. 2014, ch. 93, § 65; May 1.
The commissioner of education, when implementing the mental health intervention team pilot program pursuant to section 1(a) of chapter 57 of the 2018 Session Laws of Kansas, shall allow nine schools served by the fiscal agent, Abilene school district (U.S.D. no. 435), to participate in the pilot program. The provisions of section 1(a) of chapter 57 of the 2018 Session Laws of Kansas, which allow nine schools served by the central Kansas cooperative in education to participate in the mental health intervention team pilot program, are hereby declared to be null and void and shall have no force and effect.
History: L. 2018, ch. 70, § 3; July 1.
(a) The state department of education and the department for children and families shall collaborate to prepare a Kansas foster care children annual academic report card. The annual report card shall include the following data for the preceding school year:
(1) The graduation rate of students in foster care;
(2) the number and percentage of students in foster care who were promoted to the next grade level;
(3) the number and percentage of students in foster care who were suspended during the school year and the average length of time of such suspensions;
(4) the number and percentage of students in foster care who were expelled during the school year;
(5) state standardized assessment scores for students in foster care, including the number and percentage of students meeting academic standards as determined by the state board of education;
(6) the number and percentage of students in foster care enrolled in any preschool-aged at-risk program, Kansas preschool pilot program or early childhood special education program under section 619 of part B of the individuals with disabilities act;
(7) the number and percentage of students in foster care who participated in the mental health intervention team pilot program or a similar mental health program;
(8) the total number of students in foster care enrolled in a school district or nonpublic school and the disaggregated number and percentage of students in foster care enrolled in school districts and accredited nonpublic schools;
(9) de-identified disaggregated race and ethnicity data for each data set required in paragraphs (1) through (8); and
(10) any additional data elements that both the state department of education and the department for children and families deem appropriate for inclusion.
(b) On or before January 15 of each year, the state department of education and the department for children and families shall prepare and submit the Kansas foster care children annual academic report card to the senate standing committee on education and the house of representatives standing committee on education.
(c) As used in this section:
(1) "School" means any school of a school district or any nonpublic school accredited by the state board of education.
(2) "Student in foster care" means any individual who was in the custody of the Kansas department for children and families at any time when such student attended a school during the school year for which the report required pursuant to this section is to be completed.
(d) This section shall take effect and be in force from and after July 1, 2021.
History: L. 2021, ch. 114, § 4; June 1.
Revisor's Note: Section transferred to 72-4351.
Revisor's Note: Section transferred to 72-4352.
Revisor's Note: Section transferred to 72-4353.
Revisor's Note: Section transferred to 72-4354.
Revisor's Note: Section transferred to 72-4355.
Revisor's Note: Section transferred to 72-4356.
Revisor's Note: Section transferred to 72-4357.
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.