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12  AN ACT [concerning school districts; authorizing the enrollment
13    therein of nonresident pupils;] relating to school buses; concerning
14    the definition thereof; amending K.S.A. 72-8301[, 72-8303 and 73-
15    8309 and K.S.A. 1996 Supp. 72-8302] and repealing the existing
16    section [sections].
17
18  Be it enacted by the Legislature of the State of Kansas:
19    Section 1.  K.S.A. 72-8301 is hereby amended to read as follows: 72-
20  8301. As used in this act:
21    (a)  ``Board'' or ``board of education'' means the board of education of
22  any school district.
23    (b)  ``School district'' means any unified school district organized and
24  operating under the laws of this state.
25    (c)  The words ``provide or furnish transportation'' in addition to their
26  ordinary meaning shall mean and include the right of a school district to:
27    (1) Purchase, operate and maintain school buses and other motor vehicles;
28    (2) contract, lease or hire school buses and other motor vehicles for the
29  transportation of pupils, students and school personnel; (3) purchase, op-
30  erate and maintain buses other than school buses for the transportation
31  of pupils, students or school personnel to or from school-related functions
32  or activities; (4) contract, lease or hire buses other than school buses for
33  the transportation of pupils, students and school personnel if the buses
34  are owned and operated by a public common carrier of passengers under
35  a certificate of convenience and necessity granted by the state corporation
36  commission or the interstate commerce commission and are operating
37  within the authority granted to the public common carrier; and (5)  re-
38  imburse persons who furnish transportation to pupils, students or school
39  personnel in privately owned motor vehicles.
40    (d)  ``Student'' or ``pupil'' means any person regularly enrolled in a
41  school district and attending school in such school district or regularly
42  enrolled in a school district and attending school in another school district
43  in accordance with the provisions of an agreement entered into under
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 1  authority of K.S.A. 72-8233, and amendments thereto.
 2    (e)  ``Motor vehicle'' means every motor vehicle, as defined in K.S.A.
 3  8-126, and amendments thereto, which is designed for transporting 10
 4  14 passengers or less.
 5    (f)  ``Bus'' means every motor vehicle, as defined in K.S.A. 8-126, and
 6  amendments thereto, which is designed for transporting more than 10 14
 7  passengers in addition to the driver.
 8    (g)  ``School bus'' means: (1) Every bus designed primarily for the
 9  transportation of pupils, students or school personnel to or from school
10  or to or from school-related functions or activities. This definition in-
11  cludes every such bus which is owned by a school district, or privately
12  owned and contracted for, leased or hired by a school district, and op-
13  erated for such transportation, and every such bus which is privately
14  owned and operated for such transportation, but does not include within
15  its meaning any bus designated in clauses (3) and (4) of subsection (c);
16  and (2) every bus designed for operation as a common carrier in urban
17  transportation. This definition includes every such bus which is owned
18  and operated for mass public transportation by a metropolitan transit
19  authority established under the provisions of article 28 of chapter 12 or
20  article 31 of chapter 13 of Kansas Statutes Annotated, and is contracted
21  for, leased or hired by a school district for the transportation of pupils,
22  students or school personnel to or from school or to or from school-
23  related functions or activities.
24    (h)  ``State board'' means the state board of education.
25    [New Sec. 2.  (a) As used in this section:
26    [(1)  ``School district'' means a school district organized and op-
27  erating under the laws of this state and no part of which is located
28  in Johnson county, Sedgwick county, Shawnee county, or Wyan-
29  dotte county.
30    [(2)  ``Receiving school district'' means a school district of non-
31  residence of a pupil who is enrolled and in attendance at school in
32  such school district.
33    [(3)  ``Sending school district'' means a school district of resi-
34  dence of a pupil who is enrolled and in attendance at school in a
35  school district not of the pupil's residence.
36    [(b)  The parent or legal guardian of a pupil authorized or re-
37  quired to attend kindergarten or any of grades one through 12
38  may apply to the board of education of a proposed sending school
39  district on or before July 15 of the current school year for authority
40  for such pupil to attend school in a receiving school district if the
41  pupil lives 10 or more miles from the attendance center the pupil
42  would attend in the proposed sending school district and nearer
43  to an appropriate attendance center in the proposed receiving
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 1  school district. The application shall be made upon forms pre-
 2  scribed by the state board of education.
 3    [(c)  Upon receiving any application under this section, the
 4  board of education of the proposed sending school district shall
 5  inquire of the proposed receiving school district whether it is will-
 6  ing to receive the pupil named in the application. If the board of
 7  education of the proposed sending school district determines that
 8  the proposed receiving school district is willing to receive the pupil
 9  and that enrollment and attendance of the pupil at school in the
10  proposed receiving school district is justified, the board may issue
11  its order authorizing such enrollment and attendance. If the board
12  of education of the proposed sending school district refuses to is-
13  sue its order authorizing such enrollment and attendance, the par-
14  ent or legal guardian of the affected pupil may appeal such deci-
15  sion to the state board of education and the state board shall make
16  conclusive determination of the matter and shall issue its order
17  either approving or denying such enrollment and attendance. An
18  order issued by a board of education or the state board of educa-
19  tion in accordance with the provisions of this section shall operate
20  so as to constitute consent of the board of education of the sending
21  school district to the furnishing or provision of transportation by
22  the receiving school district for the affected pupil to school from
23  the pupil's residence and to the pupil's residence from school.
24    [(d)  Except as otherwise provided in this act, pupils attending
25  school in a receiving school district under an order issued by a
26  board of education or the state board of education in accordance
27  with the provisions of this section shall be counted as regularly
28  enrolled in and attending school in the receiving school district for
29  the purpose of computations, except computation of transporta-
30  tion weighting, under the school district finance and quality per-
31  formance act and for the purposes of the statutory provisions con-
32  tained in article 83 of chapter 72 of Kansas Statutes Annotated. No
33  such pupil shall be charged for the costs of attendance at school
34  in a receiving school district.
35    [Sec. 3.  K.S.A. 1996 Supp. 72-8302 is hereby amended to read
36  as follows: 72-8302. (a) The board of education of a school district
37  may provide or furnish transportation for pupils who reside are
38  enrolled in the school district to or from any school of the school
39  district or to or from any school of another school district attended
40  by such pupils in accordance with the provisions of an agreement
41  entered into under authority of K.S.A. 72-8233, and amendments
42  thereto.
43    [(b) (1)  When any or all of the conditions specified in this pro-
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 1  vision exist, the board of education of a school district shall provide
 2  or furnish transportation for pupils who reside in the school dis-
 3  trict and who attend any school of the school district or who attend
 4  any school of another school district in accordance with the pro-
 5  visions of an agreement entered into under authority of K.S.A. 72-
 6  8233, and amendments thereto. The conditions which apply to the
 7  requirements of this provision are as follows:
 8    [(A)  The residence of the pupil is inside or outside the corpo-
 9  rate limits of a city, the school building attended is outside the
10  corporate limits of a city and the school building attended is more
11  than 2 1/2 miles by the usually traveled road from the residence of
12  the pupil; or
13    [(B)  the residence of the pupil is outside the corporate limits
14  of a city, the school building attended is inside the corporate limits
15  of a city and the school building attended is more than 2 1/2 miles
16  by the usually traveled road from the residence of the pupil; or
17    [(C)  the residence of the pupil is inside the corporate limits of
18  one city, the school building attended is inside the corporate limits
19  of a different city and the school building attended is more than
20  2 1/2 miles by the usually traveled road from the residence of the
21  pupil.
22    [(2)  The provisions of this subsection are subject to the provi-
23  sions of subsections (c) and (d).
24    [(c)  The board of education of every school district is author-
25  ized to adopt rules and regulations to govern the conduct, control
26  and discipline of all pupils while being transported in school buses.
27  The board may suspend or revoke the transportation privilege or
28  entitlement of any pupil who violates any rules and regulations
29  adopted by the board under authority of this subsection.
30    [(d)  The board of education of every school district may sus-
31  pend or revoke the transportation privilege or entitlement of any
32  pupil who is detained at school at the conclusion of the school day
33  for violation of any rules and regulations governing pupil conduct
34  or for disobedience of an order of a teacher or other school au-
35  thority. Suspension or revocation of the transportation privilege
36  or entitlement of any pupil specified in this subsection shall be
37  limited to the school day or days on which the pupil is detained at
38  school. The provisions of this subsection do not apply to any pupil
39  who has been determined to be an exceptional child, except gifted
40  children, under the provisions of the special education for excep-
41  tional children act.
42    [Sec. 4.  K.S.A. 72-8303 is hereby amended to read as follows:
43  72-8303. (a) The board of education of a school district may pre-
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 1  scribe the regular school routes on which transportation of its stu-
 2  dents pupils is to be provided, and shall schedule the school bus and
 3  motor vehicle routes so that each student pupil entitled to trans-
 4  portation will be transported to and from school on every school
 5  day.
 6    [(b)  For the purposes of this section, the term regular school
 7  route means and includes any route arranged by the board of ed-
 8  ucation for (1) transportation of its pupils to and from the residence of
 9  such pupils in another school district when such pupils are enrolled in
10  the transporting school district in accordance with an order issued by a
11  board of education or the state board of education under the provisions
12  of section 2, and amendments thereto; and (2) transportation of its stu-
13  dents pupils to and from any school attended in another school dis-
14  trict in accordance with the provisions of an agreement entered
15  into under authority of K.S.A. 72-8233, and amendments thereto.
16    [Sec. 5.  K.S.A. 72-8309 is hereby amended to read as follows:
17  72-8309. (a) The board of education of a school district shall not
18  furnish or provide transportation for pupils or students who reside
19  in another school district except in accordance with the written
20  consent of the board of education of the school district in which
21  such pupil or student resides, or in accordance with consent consti-
22  tuted by operation of an order issued by a board of education or the state
23  board of education under the provisions of section 2, and amendments
24  thereto, or in accordance with the provisions of an agreement en-
25  tered into under authority of K.S.A. 72-8233, and amendments
26  thereto.
27    [(b)  A school district may transport a nonresident pupil or stu-
28  dent if such pupil or student boards the school bus within the
29  boundaries or on the boundary of the transporting school district.
30  To the extent that the provisions of this subsection conflict with
31  the provisions of an agreement entered into under authority of K.S.A.
32  72-8233 and amendments thereto, for the transportation of nonresident
33  pupils or students to and from school within the transporting school dis-
34  trict subsection (a), the provisions of the agreement subsection (a) shall
35  control.
36    [(c)  No pupil or student who is furnished or provided trans-
37  portation by a school district which is not the school district in
38  which the pupil or student resides shall be counted in the com-
39  putation of the school district's state transportation aid weighting
40  under article 70 64 of chapter 72 of Kansas Statutes Annotated.]
41    Sec. 2. [6.]  K.S.A. 72-8301 is[, 72-8303 and 72-8309 and K.S.A.
42  1996 Supp. 72-8302 are] hereby repealed.
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 1    Sec. 3. [7.]  This act shall take effect and be in force from and after
 2  its publication in the statute book Kansas register [statute book].