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AN ACT concerning school districts; disallowing the counting of certain
  pupils for purposes of computations under the school district finance
  and quality performance act; amending K.S.A. 1996 Supp. 72-1046a,
  72-6407 and 72-6757 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
  Section 1.  K.S.A. 1996 Supp. 72-1046a is hereby amended to read
as follows: 72-1046a. (a) The board of education of any school district is
hereby authorized to permit pupils who are not residents of the school
district to enroll in and attend the schools of the district. The board of
education may permit such pupils to attend school without charge or,
subject to the provisions of subsection (b), may charge such pupils for
attendance at school to offset, totally or in part, the costs of providing for
such attendance. Amounts received under this subsection by the board
of education of a school district for enrollment and attendance of pupils
at school in regular educational programs shall be deposited in the general
fund of the school district.
  (b)  Pupils 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 authority of K.S.A. 72-8233, and amend-
ments thereto, shall not be charged for attendance at school. The costs
of providing for the attendance of such pupils at school shall be paid by
the school district of residence of the pupils in accordance with the pro-
visions of the agreement. Amounts received under this subsection by the
board of education of a school district for attendance of pupils at school
in regular educational programs shall be deposited in the general fund of
the school district.
  (c)  Pupils who do not meet any of the requirements of K.S.A. 72-1046,
and amendments thereto, for school attendance in a school district located
in this state shall not be counted for the purpose of computations under
the school district finance and quality performance act.
  Sec. 2.  K.S.A. 1996 Supp. 72-6757 is hereby amended to read as
follows: 72-6757. (a) As used in this section:
  (1)  ``Receiving school district'' means a school district of nonresi-
dence of a pupil who attends school in such school district.
  (2)  ``Sending school district'' means a school district of residence of
a pupil who attends school in a school district not of the pupil's residence.
  (b)  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
pupils at school in the receiving school district.
  (c)  The board of education of any school district may make and enter
into contracts with the governing authority of any accredited school dis-
trict located in another state for the purpose of providing for the atten-
dance of pupils from this state at school in such other state or for the
attendance of pupils from such other state at school in this state.
  (d)  For the purpose of computations under the school district finance
and quality performance act, pupils attending school in a receiving school
district in accordance with a contract authorized by this section and shall
not be counted as regularly enrolled in and attending school in the re-
ceiving school district. Pupils attending school in a receiving school dis-
trict in accordance with a contract made and entered into by such re-
ceiving school district with a sending school district located in this state
shall be counted as regularly enrolled in and attending school in the send-
ing school district for the purpose of computations under the school dis-
trict finance and quality performance act.
  (e)  Any contract made and entered into under authority of this sec-
tion is subject to the following conditions:
  (1)  The contract shall be for the benefit of pupils who reside at in-
convenient or unreasonable distances from the schools maintained by the
sending school district or for pupils 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 pupil or pupils at school in the receiving
school district shall not exceed 1/2 of the amount of the budget per pupil
of the sending school district under the school district finance and quality
performance act for the current school year; and
  (4)  the contract shall make provision for transportation of pupils to
and from the school attended on every school day.
  (f)  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 pupils at school in regular educational pro-
grams shall be deposited in the general fund of the school district.
  (g)  The provisions of subsection (e)(3) do not apply to unified school
district No. 104, Jewell county.
  (h)  The provisions of this section do not apply to contracts made and
entered into under authority of the special education for exceptional chil-
dren act.
  (i)  The provisions of this section are deemed to be alternative to the
provisions of K.S.A. 72-8233, and amendments thereto, and no procedure
or authorization under K.S.A. 72-8233, and amendments thereto, shall be
limited by the provisions of this section.
  Sec. 3.  K.S.A. 1996 Supp. 72-6407 is hereby amended to read as
follows: 72-6407. (a) ``Pupil'' means any person who is regularly enrolled
in a district and attending kindergarten or any of the grades one through
12 maintained by the district or who is regularly enrolled in a district and
attending kindergarten or any of the grades one through 12 in another
district in accordance with an agreement entered into under authority of
K.S.A. 72-8233, and amendments thereto, or who is regularly enrolled in
a district and attending special education services provided for preschool-
aged exceptional children by the district. Except as otherwise provided
in this subsection, a pupil in attendance full time shall be counted as one
pupil. A pupil in attendance part time shall be counted as that proportion
of one pupil (to the nearest 1/10) that the pupil's attendance bears to full-
time attendance. A pupil attending kindergarten shall be counted as 1/2
pupil. A pupil enrolled in and attending an institution of postsecondary
education which is authorized under the laws of this state to award aca-
demic degrees shall be counted as one pupil if the pupil's postsecondary
education enrollment and attendance together with the pupil's atten-
dance in either of the grades 11 or 12 is at least 5/6 time, otherwise the
pupil shall be counted as that proportion of one pupil (to the nearest 1/10)
that the total time of the pupil's postsecondary education attendance and
attendance in grade 11 or 12, as applicable, bears to full-time attendance.
A pupil enrolled in and attending an area vocational school, area voca-
tional-technical school or approved vocational education program shall be
counted as one pupil if the pupil's vocational education enrollment and
attendance together with the pupil's attendance in any of grades nine
through 12 is at least 5/6 time, otherwise the pupil shall be counted as that
proportion of one pupil (to the nearest 1/10) that the total time of the
pupil's vocational education attendance and attendance in any of grades
nine through 12 bears to full-time attendance. A pupil enrolled in a dis-
trict and attending special education services, except special education
services for preschool-aged exceptional children, provided for by the dis-
trict shall be counted as one pupil. A pupil enrolled in a district and
attending special education services for preschool-aged exceptional chil-
dren provided for by the district shall be counted as 1/2 pupil.  A pupil in
the custody of the secretary of social and rehabilitation services and en-
rolled in unified school district No. 259, Sedgwick county, Kansas, but
housed, maintained, and receiving educational services at the Judge James
V. Riddel Boys Ranch, shall be counted as two pupils. A pupil residing at
the Flint Hills job corps center shall not be counted. A pupil confined in
and receiving educational services provided for by a district at a juvenile
detention facility shall not be counted. A pupil enrolled in a district but
housed, maintained, and receiving educational services at a state institu-
tion shall not be counted.  A pupil enrolled in a district, but not meeting
any of the requirements of K.S.A. 72-1046, and amendments thereto, for
school attendance in any district located in this state shall not be counted.
  (b)  ``Preschool-aged exceptional children'' means exceptional chil-
dren, except gifted children, who have attained the age of three years but
are under the age of eligibility for attendance at kindergarten.
  (c)  ``At-risk pupils'' means pupils who are eligible for free meals un-
der the national school lunch act and for whom a district maintains an
approved at-risk pupil assistance plan.
  (d)  ``Enrollment'' means, for districts scheduling the school days or
school hours of the school term on a trimestral or quarterly basis, the
number of pupils regularly enrolled in the district on September 20 plus
the number of pupils regularly enrolled in the district on February 20
less the number of pupils regularly enrolled on February 20 who were
counted in the enrollment of the district on September 20; and for dis-
tricts not hereinbefore specified, the number of pupils regularly enrolled
in the district on September 20. Notwithstanding the foregoing, if en-
rollment in a district in any school year has decreased from enrollment
in the preceding school year, enrollment of the district in the current
school year may be computed by adding one-half the number of pupils
by which enrollment in the current school year has decreased from en-
rollment in the preceding school year to enrollment in the current school
year, except that such computation shall not be applied to decreases in
enrollment in the current school year that are in excess of 4% of enroll-
ment in the preceding school year.
  (e)  ``Adjusted enrollment'' means enrollment adjusted by adding at-
risk pupil weighting, program weighting, low enrollment weighting, if any,
correlation weighting, if any, school facilities weighting, if any, and trans-
portation weighting to enrollment.
  (f)  ``At-risk pupil weighting'' means an addend component assigned
to enrollment of districts on the basis of enrollment of at-risk pupils.
  (g)  ``Program weighting'' means an addend component assigned to
enrollment of districts on the basis of pupil attendance in educational
programs which differ in cost from regular educational programs.
  (h)  ``Low enrollment weighting'' means, for any school year in which
the provisions of K.S.A. 1996 Supp. 72-6442a are operational, an addend
component assigned to enrollment of districts having 1,800-1,899 or un-
der enrollment on the basis of costs attributable to maintenance of edu-
cational programs by such districts in comparison with costs attributable
to maintenance of educational programs by districts having 1,800-1,899
or over enrollment, for the school year in which the provisions of K.S.A.
1996 Supp. 72-6442 become operational and each school year thereafter,
an addend component assigned to enrollment of districts having under
1,800 enrollment on the basis of costs attributable to maintenance of
educational programs by such districts in comparison with costs attrib-
utable to maintenance of educational programs by districts having 1,800
or over enrollment.
  (i)  ``School facilities weighting'' means an addend component as-
signed to enrollment of districts on the basis of costs attributable to com-
mencing operation of new school facilities. School facilities weighting may
be assigned to enrollment of a district only if the district has adopted a
local option budget and budgeted therein the total amount authorized for
the school year. School facilities weighting may be assigned to enrollment
of the district only in the school year in which operation of a new school
facility is commenced and in the next succeeding school year.
  (j)  ``Transportation weighting'' means an addend component assigned
to enrollment of districts on the basis of costs attributable to the provision
or furnishing of transportation.
  (k)  ``Correlation weighting'' means, for any school year in which the
provisions of K.S.A. 1996 Supp. 72-6442a are operational, an addend
component assigned to enrollment of districts having 1,800-1,899 or over
enrollment on the basis of costs attributable to maintenance of educa-
tional programs by such districts as a correlate to low enrollment weight-
ing assigned to enrollment of districts having 1,800-1,899 or under en-
rollment, for the school year in which the provisions of K.S.A. 1996 Supp.
72-6442 become operational and each school year thereafter, an addend
component assigned to enrollment of districts having 1,800 or over en-
rollment on the basis of costs attributable to maintenance of educational
programs by such districts as a correlate to low enrollment weighting
assigned to enrollment of districts having under 1,800 enrollment.
  Sec. 4.  K.S.A. 1996 Supp. 72-1046a, 72-6407 and 72-6757 are hereby
repealed.
  Sec. 5.  This act shall take effect and be in force from and after its
publication in the statute book.