Session of 1999
HOUSE BILL No. 2191
An Act concerning schools and school districts; provision of special education and related
services for exceptional children; relating to safety and security; prohibiting the with-
holding of pupil records; exempting certain persons from certification of health require-
ments under certain circumstances; amending K.S.A. 38-1513a, 72-933, 72-961, 72-963,
72-963a, 72-963c, 72-964, 72-965, 72-966, 72-967, 72-970, 72-971, 72-973, 72-973a, 72-
975, 72-976, 72-977, 72-979, 72-981, 72-5213, 72-5386, 72-5392, 72-5393 and 72-5394
and K.S.A. 1998 Supp. 38-1502, 38-1507, 38-1602, 38-1655, 72-962, 72-968, 72-974, 72-
978, 72-983, 72-53,109, 72-8902, 72-89b02, 72-89b03 and 72-89b04 and repealing the
existing sections; also repealing K.S.A. 1998 Supp. 38-1502c, 38-1602a, 72-933, 72-963b,
72-969, 72-972 and 72-980.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 72-961 is hereby amended to read as follows: 72-
961. This act shall be known and may be cited as the "special education
for exceptional children act." It is the purpose and intention of this act
to provide for educational opportunities which will contribute to the de-
velopment of each exceptional child in this state in accord with his or her
abilities and capacities.
Sec. 2. K.S.A. 1998 Supp. 72-962 is hereby amended to read as fol-
lows: 72-962. 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 Topeka state hospital, Osawatomie state
hospital, Rainbow mental health facility, Larned state hospital, Parsons
state hospital and training center, Winfield state hospital and training
center, Kansas neurological institute and any juvenile correctional facility
as defined by K.S.A. 38-1602, and amendments thereto any institution
under the jurisdiction of a state agency.
(f) "State agency" means the secretary of social and rehabilitation
services, the secretary of corrections, and the commissioner of juvenile
justice.
(f) (g) "Exceptional children" means persons who: (1) 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,
which age may differ from the ages of children required to attend school
under the provisions of K.S.A. 72-1111, and amendments thereto; and
(2) differ in physical, mental, social, emotional or educational character-
istics to the extent that special education services are necessary to enable
them to receive educational benefits in accordance with their abilities or
capacities.
(g) (h) "Gifted children" means exceptional children who are deter-
mined to be within the gifted category of exceptionality as such category
is defined in by the state plan board.
(h) (i) "Special education services" means programs for which spe-
cialized training, instruction, programming techniques, facilities and
equipment may be needed for the education of exceptional children spe-
cially 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.
(i) (j) "Special teacher" means a person, employed by or under con-
tract with a school district or a state institution for to provide special
education or related services, who is: (1) A teacher Qualified to instruct
provide special education or related services to exceptional children as
determined by pursuant to standards established by the state board and
who is so certified by the state board; or (2) a paraprofessional qualified
to assist certificated teachers in the instruction provision of special edu-
cation or related services to exceptional children as determined by pur-
suant to standards established by the state board and who is so approved
by the state board.
(j) (k) "State plan" means the state plan for special education and
related services authorized by this act.
(k) (l) "Agency" means boards and the secretary of social and reha-
bilitation services state agencies.
(l) "Lawful custodian" means a parent or a person acting as parent.
If none of the above is known or can be found, an agency shall cause
proper proceedings to be instituted pursuant to the Kansas code for care
of children to determine whether a child is a child in need of care. For a
child whose custodian is the secretary of social and rehabilitation services,
the term lawful custodian means the secretary except, when used in
K.S.A. 72-972 through 72-975, and amendments to such sections, the
term means an education advocate.
(m) "Parent" means a natural parent, an adoptive parent, or a step-
parent person acting as parent, a legal guardian, or an education advo-
cate.
(n) "Person acting as parent" means: (1) A guardian or conservator;
or (2) a person, other than a parent, who is liable by law to maintain, care
for, or support the child, or who has actual care and control of the child
and is contributing the major portion of the cost of support of the child,
or who has actual care and control of the child with the written consent
of a person who has legal custody of the child, or who has been granted
custody of the child by a court of competent jurisdiction.
(n) "Person acting as parent" means a person such as a grandparent
or a stepparent 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. 38-1513a, and amend-
ments thereto. A person appointed as an education advocate for a child
shall not be: (1) An employee of the agency which is required by law to
provide special education or related services for the child, or; (2) an em-
ployee of the state board, the department, or any agency which is directly
involved in providing educational services for the child,; or (3) any person
having a professional or personal interest which 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 sec-
ondary 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 re-
vised in accordance with the provisions of section 12, and amendments
thereto.
(s) "Related services" means transportation, and such developmental,
corrective, and other supportive services, including speech-language pa-
thology and audiology services, psychological services, physical and oc-
cupational therapy, recreation, including therapeutic recreation, social
work services, 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 disa-
bling conditions in children.
(t) "Supplementary aids and services" means aids, services, and other
supports that are provided in regular education classes or other educa-
tion-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: (A) Is qualified to
provide, or supervise the provision of, specially designed instruction to
meet the unique needs of exceptional children; (B) is knowledgeable about
the general curriculum; and (C) is knowledgeable about the availability
of resources of the agency; (5) an individual who can interpret the in-
structional 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 ap-
propriate; and (7) whenever appropriate, the child.
(v) "Evaluation" means a multisourced and multidisciplinary exami-
nation, conducted in accordance with the provisions of section 11, and
amendments thereto, to determine whether a child is an exceptional child.
(w) "Independent educational evaluation" means an examination
which 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 res-
idential school that offers instruction in any or all of the grades kinder-
garten through nine.
(y) "Secondary school" means any nonprofit institutional day or res-
idential school that offers instruction in any or all of the grades nine
through 12.
(z) "Children with disabilities" means children with mental retarda-
tion, hearing impairments including deafness, speech or language im-
pairments, visual impairments including blindness, emotional distur-
bance, orthopedic impairments, autism, traumatic brain injury, other
health impairments, or specific learning disabilities and who, by reason
thereof, need special education and related services.
(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.
Sec. 3. K.S.A. 72-963 is hereby amended to read as follows: 72-963.
The state board shall adopt, from time to time amend, and administer
the state plan. The state board may amend the state plan as necessary.
The state plan, and any amendments thereto, shall be prepared in con-
sultation with the state advisory council for special education provided
for in this act. The state plan shall include a statement of the objectives
of state supervision of special education services in school districts and
state institutions.
The state board may adopt rules and regulations for the administration
of the special education for exceptional children this act and shall adopt
rules and regulations necessary to comply with the federal law and to
implement and give effect to the state plan. Rules and regulations adopted
by the state board to implement and give effect to the state plan shall
include the following:
(a) Provisions for the establishment, maintenance and supervision of
special education services in school districts and state institutions the pro-
visions of this act.
(b) Prescribed courses of study and curricula necessary to meet
requirements for approval of special education services.
(c) Criteria for screening, diagnosis and certification of exceptional
children including physical, educational and psychological examinations.
No child from a home in which English is not the principal language may
be assigned to special education services for exceptional children until
such time that the child has been given, in the principal language used
in the home of the child, examinations reasonably related to the child's
cultural environment.
(d) Definitions of the various categories of exceptionality.
(e) Implementation dates of special education services for the various
categories of exceptionality.
(f) Standards for special education services to be received by each of
the several categories of exceptional children.
Rules and regulations adopted by the state board to implement and
give effect to the state plan shall be incorporated by reference in the state
plan.
Sec. 4. K.S.A. 72-963a is hereby amended to read as follows: 72-
963a. Within 30 days after the effective date of this act, 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 section 17, and amendments thereto, or in section 31, and amend-
ments 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.
(a) (b) Establish, in consultation with the state advisory council for
special education, standards and requirements for qualification of persons
as hearing officers and mediators. Such standards and requirements shall
include, but not be limited to, standards and requirements relating to the
education and training necessary to assure the competent performance
of functions and procedures which hearing officers and mediators are
authorized to perform.
(b) (c) Establish standards and criteria for conducting and approving
training programs for hearing officers and mediators.
(c) (d) Compile and maintain a list of qualified hearing officers and
mediators.
Sec. 5. K.S.A. 72-963c is hereby amended to read as follows: 72-
963c. (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 lawful custodians parents.
(b) Lawful custodians Parents who are education advocates shall, and
all other lawful custodians parents may, participate in the special training
programs provided for under provision (3) of subsection (a).
(c) The state board shall adopt rules and regulations for effectuation
of the provisions of this section and shall make such rules and regulations
a part of the state plan.
Sec. 6. K.S.A. 72-964 is hereby amended to read as follows: 72-964.
(a) The There is established a state advisory council for special education
which shall consist of nine not more than 21 members. Members of the
advisory council shall be appointed by the state board of education, and
every such appointment shall be serve for a fixed term of not to exceed
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. Members appointed
(b) (1) The advisory council established under this section shall be
representative of the state population and be comprised of persons and
community organizations interested in exceptional children, professions
related to the educational needs of involved in, or concerned with, the
education of exceptional children, local school districts and boards of ed-
ucation thereof, state institutions of higher education and state institu-
tions. including: (A) Parents of exceptional children, at least one of whom
shall be the parent of a gifted child; (B) individuals with disabilities; (C)
teachers; (D) representatives of institutions of higher education that pre-
pare special education and related services personnel; (E) state and local
education officials; (F) administrators of programs for exceptional chil-
dren; (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; and (J) rep-
resentatives from the state juvenile and adult corrections agencies.
(2) A majority of the members of the advisory council shall be indi-
viduals with disabilities or parents of children with disabilities.
(b) (c) The state advisory council for special education shall:
(1) Advise and consult with the state board in the preparation and
administration of the state plan and in the formulation and review of rules
and regulations adopted pursuant to this act; (2) consider any problems
presented to it by the state board, and give advice thereon; and (3) make
recommendations to the state board concerning special education serv-
ices. In addition, the advisory council shall have and perform such powers,
functions and duties as are specified by law. 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.
(c) (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 allow-
ances, mileage and other expenses as provided in K.S.A. 75-3223, and
amendments thereto.
(d) (e) The state board shall call the members of the advisory council
to meet at Topeka at least once each year, at which meeting the council
shall organize by electing a chairperson and a vice-chairperson. The per-
son in the department specified under direction of the state board 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 the special education for exceptional children this act.
Sec. 7. K.S.A. 72-965 is hereby amended to read as follows: 72-965.
(a) The state board shall be responsible for the distribution and allocation
of state and federal funds for special education in accordance with ap-
propriation acts and the statutes of this state. Such moneys shall be ex-
pended 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 on ac-
count of 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 serv-
ices or any of the purposes authorized by the federal law or this act or
the state plan.
Sec. 8. K.S.A. 72-966 is hereby amended to read as follows: 72-966.
(a) The (1) Each board of education of every school district shall provide
special education services for all exceptional children who are residents
of the school district. adopt and implement procedures to assure that all
exceptional children residing in the school district, including children en-
rolled 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) When 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 insti-
tution or facility is located must may contract with the district in which
a parent or person acting as 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 shall
may be provided pursuant to and in accordance with a contract which
shall be entered into between the board of education of the school district
of which the child is a resident and the board of education of the school
district in which the child is living housed. Each Any such contract shall
be subject to the provisions of subsection subsections (a)(3) and subsec-
tion (c) of K.S.A. 72-967, 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 pro-
vision 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 manner and time for implementation in school districts of
special education services designed for each of the various categories of
exceptionality shall be designated by the state board in accordance with
the state plan. 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 re-
solving interagency disputes, including procedures under which local ed-
ucational agencies may initiate proceedings to secure reimbursement or
otherwise implement or seek enforcement of the provisions of the intera-
gency agreement.
New Sec. 9. 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; and (B) are
consistent, to the maximum extent appropriate, with other goals and stan-
dards for children established by the state board;
(2) establish performance indicators the state will use to assess pro-
gress toward achieving those goals that, at a minimum, address the per-
formance of children with disabilities on assessments, dropout rates, and
graduation rates;
(3) every two years, 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; and
(4) based on its assessment of that progress, revise its state improve-
ment plan in accordance with the provisions of subpart 1 of part D of the
federal law as may be needed to improve performance, if the state re-
ceives assistance under that subpart.
New Sec. 10. (a) The state board and each board shall include, to
the extent required by the federal law and this act, exceptional children
in general state and district-wide assessment programs, with appropriate
accommodations where necessary. As appropriate, the state board and
each board shall:
(1) Develop guidelines for the participation of children with disabil-
ities in alternate assessments for those children who cannot participate in
state and district-wide assessment programs; and
(2) develop and, beginning not later than July 1, 2000, conduct those
alternate assessments.
(b) The state board 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;
(2) the number of children with disabilities participating in alternate
assessments; and
(3) the performance of children with disabilities on regular assess-
ments beginning not later than July of 1999, and on alternate assessments
not later than July 1, 2000, if doing so would be statistically sound and
would not result in the disclosure of performance results identifiable of
individual children.
(c) Data relating to the performance of children with disabilities shall
be disaggregated for assessments conducted after the effective date of
this act.
New Sec. 11. (a) (1) An agency shall conduct a full and individual
initial evaluation in accordance with this section before the initial provi-
sion of special education and related services to an exceptional child. Such
initial evaluation shall consist of procedures to determine whether a child
is an exceptional child and the educational needs of such child.
(2) 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 con-
strued as consent for placement for receipt of special education and re-
lated services.
(3) If the parents of a child refuse consent for evaluation of the child,
the agency may, but shall not be required to, continue to pursue an eval-
uation by utilizing the mediation or due process procedures prescribed
in this act.
(b) Each agency shall ensure that a reevaluation of each exceptional
child is conducted:
(1) If conditions warrant a reevaluation or if the child's parent or
teacher requests a reevaluation, but at least once every 3 years; and
(2) in accordance with subsections (c), (d) and (e).
(c) An agency shall provide notice to the parents of a child that de-
scribes 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 and developmental information, including information pro-
vided by the parent, that may assist in determining whether the child is
an exceptional child and the content of the child's individualized educa-
tion program, including information related to enabling the child to be
involved, and progress, in the general curriculum or, for preschool chil-
dren, to participate in appropriate activities;
(2) not use any single procedure as the sole criterion for determining
whether a child is an exceptional child or determining an appropriate
educational program for the child; and
(3) use technically sound instruments that may assess the relative con-
tribution of cognitive and behavioral factors, in addition to physical or
developmental factors.
(d) An agency shall ensure that:
(1) Tests and other evaluation materials used to assess a child under
this section: (A) Are selected and administered so as not to be discrimi-
natory on a racial or cultural basis; and (B) are provided and administered
in the child's native language or other mode of communication, unless it
is clearly not feasible to do so; and
(2) any standardized tests that are given to the child: (A) Have been
validated for the specific purpose for which they are used; (B) are ad-
ministered by trained and knowledgeable personnel; and (C) are admin-
istered in accordance with any instructions provided by the producer of
such tests;
(3) the child is assessed in all areas of suspected disability; and
(4) assessment tools and strategies that provide relevant information
that directly assists persons in determining the educational needs of the
child are provided.
(e) Upon completion of administration of tests 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 deter-
mination 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 or math or
limited English proficiency.
(g) As part of an initial evaluation, if appropriate, and as part of any
reevaluation under this section, the IEP team and other qualified pro-
fessionals, 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 pro-
viders' 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 has a particular exceptionality, or in the case of a
reevaluation of a child, whether the child continues to have such excep-
tionality; (B) the present levels of performance and educational needs of
the child; (C) whether the child needs special education and related serv-
ices; 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 ad-
ditions 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
curriculum.
(h) Each agency shall obtain informed parental consent prior to con-
ducting any reevaluation of an exceptional child, except that such in-
formed 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.
(i) 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, 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
(2) shall not be required to conduct such an assessment unless re-
quested by the child's parents.
(j) An agency shall evaluate a child in accordance with this section
before determining that the child is no longer an exceptional child.
New Sec. 12. (a) (1) Except as specified in provision (2), at the be-
ginning of each school year, each agency shall have an individualized
education program in effect for each exceptional child.
(2) 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) The IEP for each exceptional child shall include:
(1) A statement of the child's present levels of educational perform-
ance, including: (A) How the child's disability or giftedness affects the
child's involvement and progress in the general curriculum; or (B) for
preschool children, as appropriate, how the disability affects the child's
participation in appropriate activities;
(2) a statement of measurable annual goals, including benchmarks or
short-term objectives, related to: (A) Meeting the child's needs that result
from the child's disability or giftedness, to enable the child to be involved
in and progress in the general or advanced curriculum; and (B) meeting
each of the child's other educational needs that result from the child's
disability or giftedness;
(3) a statement of the special education and related services and sup-
plementary aids 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 ap-
propriately toward attaining the annual goals; (B) to be involved and pro-
gress in the general 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;
(4) 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 (3);
(5) (A) a statement of any individual modifications in the adminis-
tration of state or district-wide assessments of student achievement that
are needed in order for the child to participate in such assessment; and
(B) if the IEP team determines that the child will not participate in a
particular state or district-wide assessment of student achievement or part
of such an assessment, a statement of why that assessment is not appro-
priate for the child and how the child will be assessed;
(6) the projected date for the beginning of the services and modifi-
cations described in provision (3), and the anticipated frequency, location,
and duration of those services and modifications;
(7) (A) Beginning at age 14, and updated annually, a statement of
the transition service needs of the child under the applicable components
of the child's IEP that focuses on the child's course of study, such as
participation in advanced-placement courses or a vocational education
program; (B) 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 responsibil-
ities or any needed linkages; and (C) 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 section 18;
(8) a statement of: (A) How the child's progress toward the annual
goals will be measured; and (B) how the child's parents will be regularly
informed, by such means as periodic report cards, at least as often as
parents of nonexceptional children are informed of their children's pro-
gress, of their child's progress toward the annual goals; and the extent to
which that progress is sufficient to enable the child to achieve the goals
by the end of the year.
(c) 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) in the case of a child whose behavior impedes the child's learning
or that of others, strategies, including positive behavioral interventions
and supports to address that behavior;
(4) in the case of a child with limited English proficiency, the lan-
guage needs of the child as such needs relate to the child's IEP;
(5) 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 de-
termines, after an evaluation of the child's reading and writing skills,
needs, and appropriate reading and writing media, including an evalua-
tion 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;
(6) 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 com-
munication 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
(7) whether the child requires assistive technology devices and serv-
ices.
(d) 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 deter-
mination of appropriate positive behavioral interventions and strategies
and the determination of supplementary aids and services, program mod-
ifications, and support for school personnel consistent with this section;
and
(2) the review and revision of the child's IEP under subsection (e).
(e) 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 curriculum, where
appropriate; (B) the results of any reevaluation conducted under this sec-
tion; (C) information about the child provided to, or by, the parents, as
described in subsection (g) of section 11, and amendments thereto; (D)
the child's anticipated needs; or (E) other matters.
Sec. 13. K.S.A. 72-967 is hereby amended to read as follows: 72-967.
(a) Each board, in order to comply with the requirements of K.S.A. 72-
933 and 72-966 this act shall have the authority to:
(1) Establish and organize approvable Provide appropriate special
education and related services for exceptional children within its schools.
(2) Provide for approvable appropriate special education and related
services in the home, in a hospital or in other facility facilities.
(3) Contract with any another school district for special education and
related services. Before entering into any such contract, the special ed-
ucation services to be provided by such school district, and the contract
therefor, shall be approved by the commissioner of education upon au-
thorization by the state board, which approval shall be granted if the
special education services provided for in such contract meet standards
and criteria set by the state board in accordance with the state plan. Any
such contract may provide for the payment of tuition and other costs by
the contracting 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, if such agreements are
approved as provided by this act.
(5) Contract with any accredited private nonprofit corporation or any
public or private institution, within or without outside the state, which
has proper special education or related services for exceptional children.
Prior to the time any school district enters into a contract with any private
nonprofit corporation or any public or private institution for the education
of any exceptional child the curriculum provided by such corporation or
institution and the contract shall be approved by the commissioner of
education upon authorization by the state board. Whenever an excep-
tional child is educated by a private nonprofit corporation or a public or
private institution as provided under the provisions of this paragraph,
such child shall be considered a pupil of the school district contracting
for such education hereunder to the same extent as other pupils of such
school district for the purpose of determining entitlements and partici-
pation in all state, county federal and other financial assistance or pay-
ments to such school district.
(6) Provide Furnish transportation for exceptional children, whether
such children are residents or nonresidents of such school district, to and
from for the provision of special education or related services attended.
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 edu-
cation or related services attended are located provided.
(b) Special education and related services which are provided by
school districts for exceptional children shall meet standards and criteria
set by the state board in accordance with the state plan 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.
Sec. 14. K.S.A. 1998 Supp. 72-968 is hereby amended to read as
follows: 72-968. (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, sub-
ject 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 in accordance with the state plan.
(2) (A) The duration of an agreement shall be perpetual but the
agreement may be partially or completely terminated as hereinafter pro-
vided.
(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 termi-
nation 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 con-
sider 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 2/3 of the con-
tracting school districts after adoption of a resolution to that effect by
each of the contracting school districts seeking termination of the agree-
ment. The state board shall consider the petition and approve or disap-
prove termination of the agreement.
(E) The state board shall take such action in approving or disapprov-
ing 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 com-
plete or partial termination of an agreement, no further action with re-
spect 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 dis-
trict 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 em-
ployed 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.
Sec. 15. K.S.A. 72-970 is hereby amended to read as follows: 72-970.
(a) Except as otherwise provided in subsection (b), every state institution
shall provide special education and related services for all exceptional
children housed and maintained in the state institution and said special
education such services shall meet standards and criteria set by the state
board in accordance with the state plan and shall be subject to approval
by the state board. State institutions may contract with local school dis-
tricts and other appropriate agencies or individuals for special education
or related services. Prior to the time any state institution enters into a
contract with any school district the for special education or related serv-
ices, the services to be provided by such school district 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.
Sec. 16. K.S.A. 72-971 is hereby amended to read as follows: 72-971.
(a) In order to obtain data necessary for review of the progress or lack
thereof made in special education services for exceptional children and
to assess future needs for providing special education services on a more
comprehensive, expert, economic and efficient basis, it shall be the duty
of the department to conduct an annual survey of the school districts
showing the total number of exceptional children within the various cat-
egories of exceptionality in The state board shall prepare and file such
reports as are required by the federal law or this act.
(b) The state crippled children's commission School districts and
other state agencies having census data on exceptional children shall from
time to time as requested furnish such data, as requested, to the depart-
ment state board.
New Sec. 17. (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 eval-
uation of the child;
(2) written prior notice in accordance with section 19, and amend-
ments thereto, whenever an agency: (A) Proposes to initiate or change;
or (B) refuses to initiate or change, the identification, evaluation, or ed-
ucational 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 lan-
guage, unless it clearly is not feasible to do so;
(4) present complaints with respect to any matter relating to the iden-
tification, evaluation, or educational placement of the child, or the pro-
vision of a free appropriate public education to the child, subject to the
requirements that the parent, or the attorney representing the parent or
child, provides notice to the agency that includes: (A) The name of the
child, the address of the residence of the child, and the name of the school
the child is attending; (B) a description of the nature of the problem of
the child relating to such proposed initiation or change, including facts
relating to such problem; and (C) a proposed resolution of the problem
to the extent known and available to the parents at the time;
(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 place-
ment 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 section
30, 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 oth-
erwise provided by federal law and this act;
(9) request a due process hearing in regard to any complaint filed in
accordance with provision (4) of this subsection, or as authorized in sec-
tion 31, 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 in accordance with subsection (b)(4).
(d) The state board shall develop, and thereafter amend as necessary,
and distribute for use by agencies, a list of the rights available to the
parents of exceptional children under the federal law and this act. The
list shall 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, at a minimum: (A) Upon initial referral for
evaluation and upon reevaluation of the child; (B) upon each notification
of an individualized education program meeting; and (C) upon registra-
tion of a complaint under subsection (b)(4).
New Sec. 18. 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.
New Sec. 19. The notice required by subsection (b)(2) of section 17,
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 any other options that the agency considered and
the reasons those options were rejected;
(d) a description of each evaluation procedure, test, 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 eval-
uation, the means by which a copy of the procedural safeguards can be
obtained; and
(g) sources for parents to contact to obtain assistance in understand-
ing the provisions of the federal law and this act.
Sec. 20. K.S.A. 72-973 is hereby amended to read as follows: 72-973.
(a) The Any due process hearing provided for in K.S.A. 72-972, and
amendments thereto, under this act, shall be held at a time and place
reasonably convenient to the lawful custodian parent of the involved child,
shall be a closed hearing unless the lawful custodian parent requests an
open hearing, and shall be conducted in accordance with rules and reg-
ulations relating thereto adopted by the agency. Such rules and regula-
tions shall afford procedural due process, including the following:
(1) The right of the parties to have counsel or an advisor of their own
choice present and to receive the advice of such counsel or other advisor
whom they may select;
(2) the right of the child and the lawful custodian parent of the child
to be present at the hearing;
(3) the right of the child, the lawful custodian parent of the child and
their counsel or advisor to hear or read a full report of the testimony of
witnesses responsible for recommending the proposed action and of any
other material witnesses;
(4) the right of the parties and their counsel or advisor 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 parties to present witnesses in person or their
testimony by affidavit, including expert medical, psychological or educa-
tional testimony;
(6) the right of the child and the lawful custodian parent, on behalf
of the child, to testify and give reasons in opposition to the proposed
action;
(7) the right of the parties to prohibit the presentation of any evi-
dence 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;
(8) the right of the parties to have an orderly hearing;
(9) the right of the child to a fair and impartial decision based on
substantial evidence; and
(10) the right of the parties to have a written or, at the option of the
parent, an electronic, verbatim record of the hearing made by mechanical
or electronic recording or by an official court reporter.
(b) The Each due process hearing, other than an expedited hearing
under section 31 or section 32, and amendments thereto, shall be held
not later than 30 days from the date on which the request therefor is
received or, if no request is received, not later than 30 days from the date
by which the request should have been made, or on which objection, or
revocation of consent, to the proposed action is received by the agency.
The child and the lawful custodian parent of the child 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 lawful custodian
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.
(c) (1) Except as otherwise provided in section 32, 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 edu-
cation classroom or program in compliance with K.S.A. 72-1111, and
amendments thereto, unless otherwise directed pursuant to section 30,
and amendments thereto.
(c) (d) Subject to the provisions of K.S.A. 72-973a, and amendments
thereto, the agency shall appoint a hearing officer for the purpose of
conducting the hearing. Members of the state board, the secretary of
social and rehabilitation services, the secretary of corrections, the com-
missioner 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 (1) responsible for rec-
ommending the proposed action upon which the hearing is based, (2) any
person having a personal or professional interest which would conflict
with objectivity in the hearing, or (3) 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.
Whenever a hearing officer conducts any hearing, such hearing officer
shall render a decision on the matter, including findings of fact and con-
clusions, not later than 10 days after the conclusion close of the hearing
and shall prepare a. The decision shall be written report thereon to the
agency providing for the hearing 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 ac-
cordance with K.S.A. 72-974, and amendments thereto this act.
Sec. 21. K.S.A. 72-973a is hereby amended to read as follows: 72-
973a. Prior to appointing any hearing officer to conduct a due process
hearing provided for in K.S.A. 72-972, and amendments thereto under
this act, the agency shall make its list of hearing officers available to the
lawful custodian parent of the involved child and shall inform the lawful
custodian 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 sub-
section. If the lawful custodian parent does not request disqualification
of all of the hearing officers 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 lawful custodian parent
has not requested to be disqualified. If the lawful custodian parent re-
quests disqualification of all of the hearing officers and requests the ap-
pointment of a hearing officer by the state board, the agency shall im-
mediately notify the state board and shall request the state board to
provide a list of the names and qualifications of five prospective hearing
officers. The agency and the lawful custodian of the involved child may
each remove two names from the list. The agency shall inform the state
board of the name or names remaining on the list and the state board
shall appoint a hearing officer therefrom.
Sec. 22. K.S.A. 1998 Supp. 72-974 is hereby amended to read as
follows: 72-974. (a) Written notice of the result of any hearing provided
for under K.S.A. 72-972, and amendments thereto, this act shall be given
to the agency providing for the hearing and shall be sent by restricted
certified mail to the affected child or the lawful custodian parent, counsel
or advisor of the child within 24 hours after the result is determined. Such
decision, after deletion of any personally identifiable information con-
tained therein, shall also be transmitted to the state board which shall
make the decision available to the state advisory council for special edu-
cation and to the public upon request.
(b) (1) Any party to a due process hearing provided for under K.S.A.
72-972, and amendments thereto, 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 receiving the date of the
postmark on the written notice specified in subsection (a). Any such hear-
ing and decision therein shall be reviewed by a reviewing 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 cal-
endar days after the notice of appeal is filed. The reviewing 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 reviewing review officer; (D)
seek additional evidence if necessary; (E) render a an independent deci-
sion on any such appeal not later than five days after completion of the
review; and (F) send written notice of 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 reviewing 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. Whenever a reviewing officer ap-
pointed under authority of this subsection conducts any review, the re-
viewing officer shall decide the matter by affirming, reversing or modi-
fying the decision from which the appeal was taken and shall prepare a
written report thereon to the state board.
(c) Any action of a reviewing review officer pursuant to this section
is subject to review in accordance with the act for judicial review and civil
enforcement of agency actions or to an action in federal court as allowed
by the federal law.
(d) Any action in federal court shall be filed within 30 days after
service of the review officer's decision.
Sec. 23. K.S.A. 72-975 is hereby amended to read as follows: 72-975.
(a) Any person conducting a hearing or review under article 9 of chapter
72 of Kansas Statutes Annotated this act may administer oaths for the
purpose of taking testimony therein.
(b) Any person conducting a hearing or review under article 9 of
chapter 72 of Kansas Statutes Annotated 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 pro-
duction 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 article 9 of
chapter 72 of Kansas Statutes Annotated this act, at the request of either
party, may grant specific extensions of time beyond the limitations spec-
ified in K.S.A. 72-973 and 72-974, and amendments thereto 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.
(d) (e) Every hearing and review under article 9 of chapter 72 of
Kansas Statutes Annotated this act shall be provided for at no cost to the
child or the lawful custodian parent of the child. The costs of any hearing
provided for by a board shall be paid by the school district.
(e) (f) Any reviewing review officer conducting a review under sub-
section (b) of K.S.A. 72-974, and amendments thereto, 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 subsection (a) of K.S.A. 72-973, and amendments
thereto this act.
(f) No action described in subsection (a) of K.S.A. 72-972, and
amendments thereto, shall be taken during the pendency of any pro-
ceedings conducted pursuant to the provisions of K.S.A. 72-972 to 72-
975, inclusive, and amendments thereto, except that the proposed action
may be taken before all such proceedings have been completed if the
lawful custodian of the involved child gives written consent thereto.
Sec. 24. K.S.A. 72-976 is hereby amended to read as follows: 72-976.
A (a) Each school district shall not be required, to keep an exceptional
child in regular school programs or to provide such exceptional child with
special education services for exceptional children when it is determined
pursuant to the provisions of K.S.A. 72-972 to 72-975, inclusive, and
amendments thereto, that the education of such child cannot be satisfac-
torily achieved thereby and that such child requires housing, maintenance
and special education services provided at a state institution 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 en-
vironment 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 insti-
tutions or to limit or supersede or in any manner affect the requirements
of each board to comply with the provisions of K.S.A. 72-933 and 72-966,
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 annually the criteria
for admission to such state institution and shall furnish such criteria to
each board upon request therefor.
Sec. 25. K.S.A. 72-977 is hereby amended to read as follows: 72-977.
(a) Except as otherwise provided in this section, when a school district or
a state institution provides special education services for exceptional chil-
dren as required by this act, and a determination has been made as pro-
vided in K.S.A. 72-972 to 72-975, inclusive, and amendments thereto,
that a child is an exceptional child and special education services are
necessary for such child, it shall be the duty of the lawful custodian parent
of such each exceptional child to require such child to enroll for and
attend school to receive the special education and related services which
are indicated by such determination 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 lawful custodians parents of gifted children.
Sec. 26. K.S.A. 1998 Supp. 72-978 is hereby amended to read as
follows: 72-978. (a) (1) In each school year, in accordance with appropri-
ations for special education and related services provided under this act,
each school district which has provided special education and related
services in compliance with the requirements of the state plan and the
provisions of this act shall be entitled to receive:
(A) Reimbursement for actual travel allowances paid to special teach-
ers at not to exceed the rate specified under K.S.A. 75-3203, and amend-
ments thereto, for each mile actually traveled during the school year in
connection with duties in providing special education or related services
for exceptional children; such reimbursement shall be computed by the
state board by ascertaining the actual travel allowances paid to special
teachers by the school district for the school year and shall be in an
amount equal to 80% of such actual travel allowances;
(B) reimbursement in an amount equal to 80% of the actual travel
expenses incurred for providing transportation for exceptional children to
special education or related services; such reimbursement shall not be
paid if such child has been counted in determining the transportation
weighting of the district under the provisions of the school district finance
and quality performance act;
(C) reimbursement in an amount equal to 80% of the actual expenses
incurred for the maintenance of an exceptional child at some place other
than the residence of such child for the purpose of providing special
education or related services; such reimbursement shall not exceed $600
per exceptional child per school year; and
(D) after subtracting the amounts of reimbursement under (A), (B)
and (C) from the total amount appropriated for special education and
related services under this act, an amount which bears the same propor-
tion to the remaining amount appropriated as the number of full-time
equivalent special teachers who are qualified to provide special education
or related services to exceptional children and are employed by the school
district for approved special education or related services bears to the
total number of such qualified full-time equivalent special teachers em-
ployed by all school districts for approved special education or related
services.
(2) Each special teacher who is a paraprofessional 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.
(b) (1) No special teacher in excess of the number of special teachers
necessary to comply with the ratio of special teacher to exceptional chil-
dren prescribed by the state board for the school district shall be counted
in making computations under this section.
(2) No time spent by a special teacher in connection with duties per-
formed under a contract entered into by the Atchison juvenile correc-
tional facility, the Beloit juvenile correctional facility, 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.
Sec. 27. K.S.A. 72-979 is hereby amended to read as follows: 72-979.
(a) Payments under this act shall be made in a the manner to be and at
such times during each school year as are determined by the state board.
In the event 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 dis-
trict 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 re-
ceived to the state treasurer, and the state treasurer shall deposit the same
in the state treasury to the credit of the 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. In the event 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 sixty (60) 60 days after the end of such school year.
(b) The state board shall prescribe all forms necessary for reporting
under this act. Funds shall be distributed to the respective boards as soon
as the state board deems practicable.
(c) Every board shall make such periodic and special reports of sta-
tistical and financial information to the state board as it may request in
order to carry out its responsibilities under this act.
Sec. 28. K.S.A. 72-981 is hereby amended to read as follows: 72-981.
The department, upon request, shall from time to time as requested: (1)
Give technical advice and assistance to any board agency in connection
with the establishment and maintenance of programs of screening, di-
agnosis and certification of special education and related services for ex-
ceptional children; (2) make recommendations to any board agency con-
cerning appropriate special education or related services for to be
provided to exceptional children; and (3) consider and give advice to any
board agency concerning problems encountered by such board agency in
complying with the requirements of K.S.A. 72-933 and 72-966 this act.
Sec. 29. K.S.A. 1998 Supp. 72-983 is hereby amended to read as
follows: 72-983. (a) In each school year, commencing with the 1994-95
school year, to the extent that appropriations are available, each school
district which has provided special education or related services for an
exceptional child who uniquely or so severely differs from other excep-
tional children in physical, mental, social, emotional or educational char-
acteristics that the costs attributable to the provision of special education
services for the child are whose IEP provides for services which cost in
excess of $25,000 for the school year is eligible to receive a grant of state
moneys 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 $25,000.
(b) In order to be eligible for a grant of state moneys provided for by
subsection (a), a school district shall submit to the state board of education
an application for a grant and, a description of the special education or
related services provided, and the name or names of the child or children
for whom provided. The application and description shall be prepared in
such form and manner as the state board shall require and shall be sub-
mitted at a time to be determined and specified by the state board. Ap-
proval 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 special education fund of the school
district. Amounts received under this section and deposited in the special
education fund shall be used exclusively to reimburse the school district,
in part, for the excessive amount expended in providing special education
or related services for uniquely or severely different the exceptional child
or children whose name or names were provided under subsection (b).
(e) The state board of education shall:
(1) Prescribe and adopt criteria for identification of uniquely or se-
verely different exceptional children and for determination of excessive
costs attributable to the provision of special education and related services
for such children which an application for a grant of state moneys may
be made under this section;
(2) approve applications of school districts for grants;
(3) determine the amount of grants and be responsible for payment
of such grants to school districts; and
(4) prescribe all forms necessary for reporting under this section.
(f) 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.
New Sec. 30. (a) School personnel may order a change in the place-
ment 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; or
(2) to an appropriate interim alternative educational setting for not
more than 45 calendar days if: (A) The child carries a weapon to school
or to a school function under the jurisdiction of the agency; or (B) the
child knowingly possesses or uses illegal drugs or sells or solicits the sale
of a controlled substance while at school or a school function under the
jurisdiction of the agency.
(b) The alternative educational setting described in subsection (a)(2)
shall be determined by the IEP team.
(c) Either before, or not later than 10 days after, taking a disciplinary
action as described in subsection (a):
(1) If the agency did not conduct a functional behavioral assessment
and implement a behavioral intervention plan for such child before the
behavior that resulted in the disciplinary action, the agency shall convene
an IEP meeting to develop an intervention plan to address that behavior;
or
(2) if the child already has a behavioral intervention plan, the IEP
team shall review the plan and modify it, as necessary, to address the
behavior.
(d) A hearing officer who meets the qualifications specified in this
act may order a change in the placement of a child with a disability to an
appropriate interim alternative educational setting for not more than 45
calendar days if the hearing officer:
(1) Determines that the agency has demonstrated, by substantial ev-
idence, that maintaining the current placement of such child is substan-
tially likely to result in injury to the child or to others;
(2) considers the appropriateness of the child's current placement;
(3) considers whether the agency has made reasonable efforts to min-
imize the risk of harm in the child's current placement, including the use
of supplementary aids and services; and
(4) determines that the interim alternative educational setting meets
the requirements of subsection (e).
(e) Any interim alternative educational setting in which a child is
placed under this section shall:
(1) Be selected so as to enable the child to continue to participate in
the general curriculum, although in another setting, and to continue to
receive those services and modifications, including those described in the
child's current IEP, that will enable the child to meet the goals set out
in the IEP; and
(2) include services and modifications designed to address the be-
havior so that it does not recur.
(f) If a disciplinary action is contemplated as described in subsection
(a) for a behavior of a child with a disability, or if a disciplinary action
involving a change of placement for more than 10 school days is contem-
plated for a child with a disability who has engaged in other behavior that
violated any rule or code of conduct of the agency that applies to all
children:
(1) Not later than the date on which the decision to take that action
is made, the parents shall be notified of that decision and of all procedural
safeguards afforded under section 31; and
(2) immediately, if possible, but in no case later than 10 school days
after the date on which the decision to take that action is made, a review,
as specified in subsection (g), shall be conducted of the relationship be-
tween the child's disability and the behavior subject to the disciplinary
action.
(g) Any review described in subsection (f)(2) shall be conducted by
the child's IEP team and other qualified personnel. In carrying out such
a review, the IEP team may determine that the behavior of the child was
not a manifestation of such child's disability only if the IEP team:
(1) First considers, in terms of the behavior subject to disciplinary
action, all relevant information, including: (A) evaluation and diagnostic
results, including such results or other relevant information supplied by
the parents of the child; (B) observations of the child; and (C) the child's
IEP and placement; and
(2) then determines that: (A) In relationship to the behavior subject
to disciplinary action, the child's IEP and placement were appropriate
and the special education services, supplementary aids and services, and
behavior intervention strategies were provided consistent with the child's
IEP and placement; (B) the child's disability did not impair the ability of
the child to understand the impact and consequences of the behavior
subject to disciplinary action; and (C) the child's disability did not impair
the ability of the child to control the behavior subject to disciplinary ac-
tion.
(h) (1) If the result of the review under subsection (g) is a determi-
nation that the behavior of the child was not a manifestation of the child's
disability, the relevant disciplinary procedures applicable to children with-
out disabilities may be applied to the child in the same manner in which
they would be applied to children without disabilities, except that an ap-
propriate public education must continue to be provided to the child
during the period of disciplinary action.
(2) If the agency initiates disciplinary procedure applicable to all chil-
dren, the agency shall ensure that the special education and disciplinary
records of the child are transmitted for consideration by the person or
persons making the final determination regarding the disciplinary action.
(i) For purposes of this section, the following definitions apply:
(1) "Controlled substance" means a drug or other substance identi-
fied 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 health-care professional or that is legally possessed or used
under any other authority under any federal or state law;
(3) "substantial evidence" means beyond a preponderance of the ev-
idence;
(4) "weapon" means a weapon, device, instrument, material, or sub-
stance, 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 21/2 inches in length.
New Sec. 31. (a) (1) If a child's parent disagrees with a determination
under section 30, and amendments thereto, that the child's behavior was
not a manifestation of the child's disability or with any decision regarding
placement under that section, the parent may request a due process hear-
ing.
(2) The agency shall arrange for an expedited hearing in any case
described in this section when requested by a parent.
(b) (1) In reviewing a decision with respect to the manifestation de-
termination, the hearing officer shall determine whether the agency has
demonstrated that the child's behavior was not a manifestation of such
child's disability consistent with the requirements of subsection (g) of
section 30, and amendments thereto.
(2) In reviewing a decision under subsection (a)(2) of section 30, and
amendments thereto, to place the child in an interim alternative educa-
tional setting, the hearing officer shall apply the standards set out in sub-
section (d) of section 30, and amendments thereto.
(c) Any hearing provided for in section 30 or in this section shall be
conducted:
(1) By a due process hearing officer appointed by the state board;
and
(2) in accordance with rules and regulations adopted by the state
board.
New Sec. 32. (a) If a parent requests a hearing under section 31, and
amendments thereto, the child shall remain in the interim alternative
educational setting pending the decision of the hearing officer in regard
to the manifestation determination or the interim placement decision, or
until the expiration of the 45-day time period described in subsection
(a)(2) of section 30, and amendments thereto, whichever occurs first,
unless the parent and the agency agree otherwise.
(b) Except as provided in subsection (c), if a child is placed in an
interim alternative educational setting pursuant to section 30, and amend-
ments thereto, and school personnel propose to change the child's place-
ment after expiration of the interim alternative placement, during the
pendency of any proceeding to challenge the proposed change in place-
ment, the agency shall return the child to the child's placement prior to
the interim alternative educational setting.
(c) (1) If the agency maintains that it is dangerous for the child to be
returned to the child's placement prior to removal to the interim alter-
native education setting during the pendency of due process proceedings,
the agency may request an expedited hearing in regard to the proposed
change in placement.
(2) In determining whether the child may be placed in the alternative
education setting or in another appropriate placement ordered by the
hearing officer, the hearing officer shall apply the standards set out in
subsection (d) of section 30, and amendments thereto.
New Sec. 33. (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, including any behavior described in section 30 and amendments
thereto, may assert any of the protections provided for in this act if the
school district had knowledge, as determined in accordance with this sec-
tion, 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:
(1) The parent of the child has expressed concern in writing, unless
the parent is illiterate or has a disability that prevents compliance with
the requirements contained in this subsection, to personnel of the appro-
priate educational agency that the child is in need of special education
and related services;
(2) the behavior or performance of the child demonstrates the need
for such services;
(3) the parent of the child previously has requested an evaluation of
the child; or
(4) the teacher of the child, or other personnel of the school district,
previously has expressed concern about the behavior or performance of
the child to the director of special education of such school district or to
other personnel of the district.
(c) (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 in-
formation 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.
New Sec. 34. (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 author-
ities to whom it reports the crime.
New Sec. 35. (a) The state board shall establish and implement pro-
cedures to allow agencies and parents to resolve disputes through a me-
diation process which, at a minimum, shall be available whenever a due
process hearing is requested under this act.
(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 qual-
ified mediators and knowledgeable in laws and regulations relating to the
provision of special education and related services and shall establish pro-
cedures for the appointment of a mediator to help resolve disputes be-
tween the parties.
(d) The state board shall bear the cost of the mediation process de-
scribed 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) An agreement reached by the parties to the dispute in the medi-
ation process shall be set forth in a written mediation agreement.
(g) Discussions that occur during the mediation process shall be con-
fidential and may not be used as evidence in any subsequent due process
hearings or civil proceedings and the parties to the mediation process
may be required to sign a confidentiality pledge prior to the commence-
ment of such process.
Sec. 36. K.S.A. 38-1513a is hereby amended to read as follows: 38-
1513a. (a) When the court has granted legal custody of a child in a hearing
under the Kansas code for care of children to an agency, association or
individual, the custodian or an agent designated by the custodian shall
have authority to make educational decisions for the child if the parents
of the child are unknown or unavailable. When the custodian of the child
is the secretary, and the parents of the child are unknown or unavailable,
and the child appears to be an exceptional child who requires special
education services, the secretary shall immediately notify the state board
of education, or a designee of the state board, and the school district in
which the child is residing that the child is in need of an education ad-
vocate. As soon as possible after notification by the secretary of the need
by a child of an education advocate, the state board of education, or its
designee, shall appoint an education advocate for the child.
(b) As used in this section, the terms exceptional child, special edu-
cation services, and education advocate have the meanings respectively
ascribed thereto in the special education for exceptional children act.
Sec. 37. K.S.A. 1998 Supp. 72-53,109 is hereby amended to read as
follows: 72-53,109. (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 op-
portunity to attend school at a school facility operated by the school dis-
trict 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 an exceptional child, except for an
exceptional child who is determined to be a gifted child, a child with a
disability for whom an individualized education program had been de-
veloped and effectuated under the provisions of the special education for
exceptional children act.
Sec. 38. K.S.A. 1998 Supp. 72-8902 is hereby amended to read as
follows: 72-8902. (a) (1) Except as authorized in provision (2), a suspen-
sion may be for a short term not exceeding five 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.
(2) A short-term suspension may be imposed for not more than 10
school days if a pupil: (A) Carries a weapon to school, onto school prop-
erty, or to a school supervised activity; (B) knowingly possesses or uses
illegal drugs or sells or solicits the sale of a controlled substance while at
school, on school property or at a school supervised activity; or (C) has
engaged in behavior which resulted in, or was substantially likely to have
resulted in, injury to the pupil or to others.
(3) For the purposes of this provision, the following definitions apply:
(A) "Controlled substance" means a drug or other substance identified
under schedules I, II, III, IV, or V in 21 U.S.C. 812(c); (B) "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 health-care
professional or that is legally possessed or used under any other authority
under any federal or state law; and (C) "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 21/2
inches in length.
(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 require-
ments: (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 ac-
cusations. 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 or the pupil's parent or guardian a hearing
if the presence of the pupil endangers other persons or property or sub-
stantially 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 and the pupil's parent or guardian to attend the
hearing will result in a waiver of the pupil's opportunity for the hearing.
(c) (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. 72-8903, and amendments thereto.
(d) (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.
(e) (f) A formal hearing on a suspension or expulsion may be con-
ducted by any certificated employee or committee of certificated em-
ployees authorized by the board of education to conduct the hearing.
Sec. 39. K.S.A. 72-5392 is hereby amended to read as follows: 72-
5392. As used in this act:
(a) "School district" means any public school district organized under
the laws of this state.
(b) "Exceptional children" and "Auxiliary school special education
services" means (1) speech and hearing diagnostic services; (2) diagnostic
psychological services; (3) therapeutic psychological and speech and hear-
ing services; and (4) programs and services for exceptional children have
the meanings respectively ascribed thereto in K.S.A. 72-962, and amend-
ments thereto.
(c) "Private, nonprofit elementary or secondary school" means an or-
ganization which regularly offers education at the elementary or second-
ary 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 com-
pulsory school attendance laws of this state.
Sec. 40. K.S.A. 72-5393 is hereby amended to read as follows: 72-
5393. Any Every school district which provides auxiliary school services
to pupils attending its schools shall provide on an equal basis the same
auxiliary school special education services to every pupil, whose parent or
guardian makes a request therefor, residing for exceptional children who
reside in the school district and attending attend a private, nonprofit el-
ementary 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 such
school district may provide auxiliary special education services to all pupils
attending for exceptional children who attend a private, nonprofit ele-
mentary or secondary school located within the school district, whether
or not all such pupils children reside in the school district. Speech and
hearing diagnostic services and diagnostic psychological Special education
services, if provided in the public schools of the school district, shall be
which are provided in any under this section for exceptional children who
attend a private, nonprofit elementary or secondary school which is lo-
cated in the school district. Therapeutic psychological and speech and
hearing services and programs and services for exceptional children,
which cannot may be practically provided in any the private, nonprofit
elementary or secondary school which is located in the school district,
shall be provided or in the public schools of the school district, in a public
center, or in mobile units located off the private, nonprofit elementary
or secondary school premises as determined by 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 consul-
tation with the parent or guardian of the child and with officials of the
private, nonprofit elementary or secondary school. Special education serv-
ices provided under this section for exceptional children who attend a
private, nonprofit elementary or secondary school are subject to the fol-
lowing requirements: (a) If the services are provided for in the private,
nonprofit elementary or secondary school, amounts expended for the pro-
vision 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 so the services are provided in the public schools of
the school district or in a public center, transportation to and from such
public school or public center shall be provided by the school district.
Sec. 41. K.S.A. 72-5394 is hereby amended to read as follows: 72-
5394. No auxiliary school special education services shall be provided in
connection with religious courses, devotional exercises, religious training,
or any other religious activity.
Sec. 42. K.S.A. 1998 Supp. 38-1502 is hereby amended to read as
follows: 38-1502. As used in this code, unless the context otherwise in-
dicates:
(a) "Child in need of care" means a person less than 18 years of age
who:
(1) Is without adequate parental care, control or subsistence and the
condition is not due solely to the lack of financial means of the child's
parents or other custodian;
(2) is without the care or control necessary for the child's physical,
mental or emotional health;
(3) has been physically, mentally or emotionally abused or neglected
or sexually abused;
(4) has been placed for care or adoption in violation of law;
(5) has been abandoned or does not have a known living parent;
(6) is not attending school as required by K.S.A. 72-977 or 72-1111,
and amendments thereto;
(7) except in the case of a violation of K.S.A. 41-727, subsection (j)
of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, and amend-
ments thereto, or, except as provided in subsection (a)(12) of K.S.A. 21-
4204a and amendments thereto, does an act which, when committed by
a person under 18 years of age, is prohibited by state law, city ordinance
or county resolution but which is not prohibited when done by an adult;
(8) while less than 10 years of age, commits any act which if done by
an adult would constitute the commission of a felony or misdemeanor as
defined by K.S.A. 21-3105 and amendments thereto;
(9) is willfully and voluntarily absent from the child's home without
the consent of the child's parent or other custodian;
(10) is willfully and voluntarily absent at least a second time from a
court ordered or designated placement, or a placement pursuant to court
order, if the absence is without the consent of the person with whom the
child is placed or, if the child is placed in a facility, without the consent
of the person in charge of such facility or such person's designee;
(11) has been residing in the same residence with a sibling or another
person under 18 years of age, who has been physically, mentally or emo-
tionally abused or neglected, or sexually abused; or
(12) while less than 10 years of age commits the offense defined in
K.S.A. 21-4204a and amendments thereto.
(b) "Physical, mental or emotional abuse or neglect" means the in-
fliction of physical, mental or emotional injury or the causing of a dete-
rioration of a child and may include, but shall not be limited to, failing to
maintain reasonable care and treatment, negligent treatment or maltreat-
ment or exploiting a child to the extent that the child's health or emotional
well-being is endangered. A parent legitimately practicing religious beliefs
who does not provide specified medical treatment for a child because of
religious beliefs shall not for that reason be considered a negligent parent;
however, this exception shall not preclude a court from entering an order
pursuant to subsection (a)(2) of K.S.A. 38-1513 and amendments thereto.
(c) "Sexual abuse" means any act committed with a child which is
described in article 35, chapter 21 of the Kansas Statutes Annotated and
those acts described in K.S.A. 21-3602 or 21-3603, and amendments
thereto, regardless of the age of the child.
(d) "Parent," when used in relation to a child or children, includes a
guardian, conservator and every person who is by law liable to maintain,
care for or support the child.
(e) "Interested party" means the state, the petitioner, the child, any
parent and any person found to be an interested party pursuant to K.S.A.
38-1541 and amendments thereto.
(f) "Law enforcement officer" means any person who by virtue of
office or public employment is vested by law with a duty to maintain
public order or to make arrests for crimes, whether that duty extends to
all crimes or is limited to specific crimes.
(g) "Youth residential facility" means any home, foster home or struc-
ture which provides 24-hour-a-day care for children and which is licensed
pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated.
(h) "Shelter facility" means any public or private facility or home
other than a juvenile detention facility that may be used in accordance
with this code for the purpose of providing either temporary placement
for the care of children in need of care prior to the issuance of a dispos-
itional order or longer term care under a dispositional order.
(i) "Juvenile detention facility" means any secure public or private
facility used for the lawful custody of accused or adjudicated juvenile
offenders which must not be a jail.
(j) "Adult correction facility" means any public or private facility, se-
cure or nonsecure, which is used for the lawful custody of accused or
convicted adult criminal offenders.
(k) "Secure facility" means a facility which is operated or structured
so as to ensure that all entrances and exits from the facility are under the
exclusive control of the staff of the facility, whether or not the person
being detained has freedom of movement within the perimeters of the
facility, or which relies on locked rooms and buildings, fences or physical
restraint in order to control behavior of its residents. No secure facility
shall be in a city or county jail.
(l) "Ward of the court" means a child over whom the court has ac-
quired jurisdiction by the filing of a petition pursuant to this code and
who continues subject to that jurisdiction until the petition is dismissed
or the child is discharged as provided in K.S.A. 38-1503 and amendments
thereto.
(m) "Custody," whether temporary, protective or legal, means the
status created by court order or statute which vests in a custodian,
whether an individual or an agency, the right to physical possession of
the child and the right to determine placement of the child, subject to
restrictions placed by the court.
(n) "Placement" means the designation by the individual or agency
having custody of where and with whom the child will live.
(o) "Secretary" means the secretary of social and rehabilitation serv-
ices.
(p) "Relative" means a person related by blood, marriage or adoption
but, when referring to a relative of a child's parent, does not include the
child's other parent.
(q) "Court-appointed special advocate" means a responsible adult
other than an attorney guardian ad litem who is appointed by the court
to represent the best interests of a child, as provided in K.S.A. 38-1505a
and amendments thereto, in a proceeding pursuant to this code.
(r) "Multidisciplinary team" means a group of persons, appointed by
the court or by the state department of social and rehabilitation services
under K.S.A. 38-1523a and amendments thereto, which has knowledge
of the circumstances of a child in need of care.
(s) "Jail" means:
(1) An adult jail or lockup; or
(2) a facility in the same building or on the same grounds as an adult
jail or lockup, unless the facility meets all applicable standards and licen-
sure requirements under law and there is (A) total separation of the ju-
venile and adult facility spatial areas such that there could be no haphaz-
ard or accidental contact between juvenile and adult residents in the
respective facilities; (B) total separation in all juvenile and adult program
activities within the facilities, including recreation, education, counseling,
health care, dining, sleeping, and general living activities; and (C) separate
juvenile and adult staff, including management, security staff and direct
care staff such as recreational, educational and counseling.
(t) "Kinship care" means the placement of a child in the home of the
child's relative or in the home of another adult with whom the child or
the child's parent already has a close emotional attachment.
(u) "Juvenile intake and assessment worker" means a responsible
adult authorized to perform intake and assessment services as part of the
intake and assessment system established pursuant to K.S.A. 75-7023, and
amendments thereto.
(v) "Abandon" means to forsake, desert or cease providing care for
the child without making appropriate provisions for substitute care.
(w) "Permanent guardianship" means a judicially created relationship
between child and caretaker which is intended to be permanent and self-
sustaining without ongoing state oversight or intervention. The perma-
nent guardian stands in loco parentis and exercises all the rights and
responsibilities of a parent.
(x) "Aggravated circumstances" means the abandonment, torture,
chronic abuse, sexual abuse or chronic, life threatening neglect of a child.
(y) "Permanency hearing" means a notice and opportunity to be
heard is provided to interested parties, foster parents, preadoptive parents
or relatives providing care for the child. The court, after consideration of
the evidence, shall determine whether progress toward the case plan goal
is adequate or reintegration is a viable alternative, or if the case should
be referred to the county or district attorney for filing of a petition to
terminate parental rights or to appoint a permanent guardian.
(z) "Extended out of home placement" means a child has been in the
custody of the secretary and placed with neither parent for 15 of the most
recent 22 months beginning 60 days after the date at which a child in the
custody of the secretary was removed from the home.
(aa) "Educational institution" means all schools at the elementary and
secondary levels.
(bb) "Educator" means any administrator, teacher or other profes-
sional or paraprofessional employee of an educational institution who has
exposure to a pupil specified in subsection (a) of K.S.A. 1998 Supp. 72-
89b03 and amendments thereto.
Sec. 43. K.S.A. 1998 Supp. 38-1507 is hereby amended to read as
follows: 38-1507. (a) Except as otherwise provided, in order to protect
the privacy of children who are the subject of a child in need of care
record or report, all records and reports concerning children in need of
care, including the juvenile intake and assessment report, received by the
department of social and rehabilitation services, a law enforcement
agency or any juvenile intake and assessment worker shall be kept con-
fidential except: (1) To those persons or entities with a need for infor-
mation that is directly related to achieving the purposes of this code, or
(2) upon an order of a court of competent jurisdiction pursuant to a
determination by the court that disclosure of the reports and records is
in the best interests of the child or are necessary for the proceedings
before the court, or both, and are otherwise admissible in evidence. Such
access shall be limited to in camera inspection unless the court otherwise
issues an order specifying the terms of disclosure.
(b) The provisions of subsection (a) shall not prevent disclosure of
information to an educational institution or to individual educators about
a pupil specified in subsection (a) (1) through (5) of K.S.A. 1998 Supp.
72-89b03 and amendments thereto.
(c) When a report is received by the department of social and reha-
bilitation services, a law enforcement agency or any juvenile intake and
assessment worker which indicates a child may be in need of care, the
following persons and entities shall have a free exchange of information
between and among them:
(1) The department of social and rehabilitation services;
(2) the commissioner of juvenile justice;
(3) the law enforcement agency receiving such report;
(4) members of a court appointed multidisciplinary team;
(5) an entity mandated by federal law or an agency of any state au-
thorized to receive and investigate reports of a child known or suspected
to be in need of care;
(6) a military enclave or Indian tribal organization authorized to re-
ceive and investigate reports of a child known or suspected to be in need
of care;
(7) a county or district attorney;
(8) a court services officer who has taken a child into custody pursuant
to K.S.A. 38-1527, and amendments thereto;
(9) a guardian ad litem appointed for a child alleged to be in need of
care;
(10) an intake and assessment worker; and
(11) any community corrections program which has the child under
court ordered supervision.
(d) The following persons or entities shall have access to information,
records or reports received by the department of social and rehabilitation
services, a law enforcement agency or any juvenile intake and assessment
worker. Access shall be limited to information reasonably necessary to
carry out their lawful responsibilities to maintain their personal safety and
the personal safety of individuals in their care or to diagnose, treat, care
for or protect a child alleged to be in need of care.
(1) A child named in the report or records.
(2) A parent or other person responsible for the welfare of a child,
or such person's legal representative.
(3) A court-appointed special advocate for a child, a citizen review
board or other advocate which reports to the court.
(4) A person licensed to practice the healing arts or mental health
profession in order to diagnose, care for, treat or supervise: (A) A child
whom such service provider reasonably suspects may be in need of care;
(B) a member of the child's family; or (C) a person who allegedly abused
or neglected the child.
(5) A person or entity licensed or registered by the secretary of health
and environment or approved by the secretary of social and rehabilitation
services to care for, treat or supervise a child in need of care. In order to
assist a child placed for care by the secretary of social and rehabilitation
services in a foster home or child care facility, the secretary shall provide
relevant information to the foster parents or child care facility prior to
placement and as such information becomes available to the secretary.
(6) A coroner or medical examiner when such person is determining
the cause of death of a child.
(7) The state child death review board established under K.S.A. 22a-
243, and amendments thereto.
(8) A prospective adoptive parent prior to placing a child in their care.
(9) The department of health and environment or person authorized
by the department of health and environment pursuant to K.S.A. 59-512,
and amendments thereto, for the purpose of carrying out responsibilities
relating to licensure or registration of child care providers as required by
chapter 65 of article 5 of the Kansas Statutes Annotated, and amendments
thereto.
(10) The state protection and advocacy agency as provided by sub-
section (a)(10) of K.S.A. 65-5603 or subsection (a)(2)(A) and (B) of K.S.A.
74-5515, and amendments thereto.
(11) Any educational institution to the extent necessary to enable the
educational institution to provide the safest possible environment for its
pupils and employees.
(12) Any educator to the extent necessary to enable the educator to
protect the personal safety of the educator and the educator's pupils.
(e) Information from a record or report of a child in need of care
shall be available to members of the standing house or senate committee
on judiciary, house committee on appropriations, senate committee on
ways and means, legislative post audit committee and joint committee on
children and families, carrying out such member's or committee's official
functions in accordance with K.S.A. 75-4319 and amendments thereto,
in a closed or executive meeting. Except in limited conditions established
by 2/3 of the members of such committee, records and reports received
by the committee shall not be further disclosed. Unauthorized disclosure
may subject such member to discipline or censure from the house of
representatives or senate.
(f) Nothing in this section shall be interpreted to prohibit the secre-
tary of social and rehabilitation services from summarizing the outcome
of department actions regarding a child alleged to be a child in need of
care to a person having made such report.
(g) Disclosure of information from reports or records of a child in
need of care to the public shall be limited to confirmation of factual details
with respect to how the case was handled that do not violate the privacy
of the child, if living, or the child's siblings, parents or guardians. Further,
confidential information may be released to the public only with the ex-
press written permission of the individuals involved or their representa-
tives or upon order of the court having jurisdiction upon a finding by the
court that public disclosure of information in the records or reports is
necessary for the resolution of an issue before the court.
(h) Nothing in this section shall be interpreted to prohibit a court of
competent jurisdiction from making an order disclosing the findings or
information pursuant to a report of alleged or suspected child abuse or
neglect which has resulted in a child fatality or near fatality if the court
determines such disclosure is necessary to a legitimate state purpose. In
making such order, the court shall give due consideration to the privacy
of the child, if, living, or the child's siblings, parents or guardians.
(i) Information authorized to be disclosed in subsections (d) through
(g) shall not contain information which identifies a reporter of a child in
need of care.
(j) Records or reports authorized to be disclosed in this section shall
not be further disclosed, except that the provisions of this subsection shall
not prevent disclosure of information to an educational institution or to
individual educators about a pupil specified in subsection (a)(1) through
(5) of K.S.A. 1998 Supp. 72-89b03 and amendments thereto.
(k) Anyone who participates in providing or receiving information
without malice under the provisions of this section 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 participa-
tion in any judicial proceedings resulting from providing or receiving in-
formation.
(l) No individual, association, partnership, corporation or other entity
shall willfully or knowingly disclose, permit or encourage disclosure of
the contents of records or reports concerning a child in need of care
received by the department of social and rehabilitation services, a law
enforcement agency or a juvenile intake and assessment worker except
as provided by this code. Violation of this subsection is a class B misde-
meanor.
Sec. 44. K.S.A. 1998 Supp. 38-1602 is hereby amended to read as
follows: 38-1602. As used in this code, unless the context otherwise re-
quires:
(a) "Juvenile" means a person 10 or more years of age but less than
18 years of age.
(b) "Juvenile offender" means a person who does an act commits an
offense while a juvenile which if done committed by an adult would con-
stitute the commission of a felony or misdemeanor as defined by K.S.A.
21-3105 and amendments thereto or who violates the provisions of K.S.A.
21-4204a or K.S.A. 41-727 or subsection (j) of K.S.A. 74-8810, and
amendments thereto, but does not include:
(1) A person 14 or more years of age who commits a traffic offense,
as defined in subsection (d) of K.S.A. 8-2117 and amendments thereto;
(2) a person 16 years of age or over who commits an offense defined
in chapter 32 of the Kansas Statutes Annotated;
(3) a person whose prosecution as an adult is authorized pursuant to
K.S.A. 38-1636 and amendments thereto and whose prosecution results
in the conviction of an adult crime; or
(4) a person who has been found to be an extended jurisdiction ju-
venile pursuant to subsection (a)(2) of K.S.A. 38-1636, and amendment
thereto, and whose stay of adult sentence execution has been revoked
under 18 years of age who previously has been:
(A) Convicted as an adult under the Kansas code of criminal proce-
dure;
(B) sentenced as an adult under the Kansas code of criminal proce-
dure following termination of status as an extended jurisdiction juvenile
pursuant to K.S.A. 38-16,126, and amendments thereto; or
(C) convicted or sentenced as an adult in another state or foreign
jurisdiction under substantially similar procedures described in K.S.A. 38-
1636, and amendments thereto, or because of attaining the age of majority
designated in that state or jurisdiction.
(c) "Parent," when used in relation to a juvenile or a juvenile of-
fender, includes a guardian, conservator and every person who is by law
liable to maintain, care for or support the juvenile.
(d) "Law enforcement officer" means any person who by virtue of
that person's office or public employment is vested by law with a duty to
maintain public order or to make arrests for crimes, whether that duty
extends to all crimes or is limited to specific crimes.
(e) "Youth residential facility" means any home, foster home or struc-
ture which provides twenty-four-hour-a-day care for juveniles and which
is licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
Annotated.
(f) "Juvenile detention facility" means any secure public or private
facility which is used for the lawful custody of accused or adjudicated
juvenile offenders and which must shall not be a jail.
(g) "Juvenile correctional facility" means a facility operated by the
commissioner for juvenile offenders.
(h) "Warrant" means a written order by a judge of the court directed
to any law enforcement officer commanding the officer to take into cus-
tody the juvenile named or described therein.
(i) "Commissioner" means the commissioner of juvenile justice.
(j) "Jail" means:
(1) An adult jail or lockup; or
(2) a facility in the same building as an adult jail or lockup, unless the
facility meets all applicable licensure requirements under law and there
is (A) total separation of the juvenile and adult facility spatial areas such
that there could be no haphazard or accidental contact between juvenile
and adult residents in the respective facilities; (B) total separation in all
juvenile and adult program activities within the facilities, including rec-
reation, education, counseling, health care, dining, sleeping, and general
living activities; and (C) separate juvenile and adult staff, including man-
agement, security staff and direct care staff such as recreational, educa-
tional and counseling.
(k) "Court-appointed special advocate" means a responsible adult,
other than an attorney appointed pursuant to K.S.A. 38-1606 and amend-
ments thereto, who is appointed by the court to represent the best inter-
ests of a child, as provided in K.S.A. 1998 Supp. 38-1606a, and amend-
ments thereto, in a proceeding pursuant to this code.
(l) "Juvenile intake and assessment worker" means a responsible
adult authorized to perform intake and assessment services as part of the
intake and assessment system established pursuant to K.S.A. 76-3202 75-
7023, and amendments thereto.
(m) "Institution" means the following institutions: The Atchison ju-
venile correctional facility, the Beloit juvenile correctional facility, the
Larned juvenile correctional facility and the Topeka juvenile correctional
facility.
(n) "Sanction Sanctions house" means a facility which is operated or
structured so as to ensure that all entrances and exits from the facility are
under the exclusive control of the staff of the facility, whether or not the
person being detained has freedom of movement within the perimeters
of the facility, or which relies on locked rooms and buildings, fences, or
physical restraint in order to control the behavior of its residents. Upon
an order from the court, a licensed juvenile detention facility may serve
as a sanction sanctions house. A sanction sanctions house may be physi-
cally connected physically to a nonsecure shelter facility provided the
sanction sanctions house is not a licensed juvenile detention facility.
(o) "Sentencing risk assessment tool" means an instrument adminis-
tered to juvenile offenders which delivers a score, or group of scores,
describing, but not limited to describing, the juvenile's potential risk to
the community.
(p) "Educational institution" means all schools at the elementary and
secondary levels.
(q) "Educator" means any administrator, teacher or other profes-
sional or paraprofessional employee of an educational institution who has
exposure to a pupil specified in subsection (a)(1) through (5) of K.S.A.
1998 Supp. 72-89b03 and amendments thereto.
Sec. 45. K.S.A. 1998 Supp. 38-1655 is hereby amended to read as
follows: 38-1655. If the court finds that the evidence fails to prove an
offense charged or an included offense as defined in subsection (2) of
K.S.A. 21-3107 and amendments thereto, the court shall enter an order
dismissing the charge.
If the court finds that the respondent committed the offense charged
or an included offense as defined in subsection (2) of K.S.A. 21-3107 and
amendments thereto, the court shall adjudicate the respondent to be a
juvenile offender and may issue a sentence as authorized by this code.
If the court finds that the respondent committed the acts constituting
the offense charged or an included offense as defined in subsection (2)
of K.S.A. 21-3107 and amendments thereto but is not responsible because
of mental disease or defect, the respondent shall not be adjudicated as a
juvenile offender and shall be committed to the custody of the secretary
of social and rehabilitation services and placed in a state hospital. The
respondent's continued commitment shall be subject to annual review in
the manner provided by K.S.A. 22-3428a and amendments thereto for
review of commitment of a defendant suffering from mental disease or
defect, and the respondent may be discharged or conditionally released
pursuant to that section. The respondent also may be discharged or con-
ditionally released in the same manner and subject to the same proce-
dures as provided by K.S.A. 22-3428 and amendments thereto for dis-
charge of or granting conditional release to a defendant found suffering
from mental disease or defect. If the respondent violates any conditions
of an order of conditional release, the respondent shall be subject to
contempt proceedings and return to custody as provided by K.S.A. 22-
3428b and amendments thereto.
A copy of the court's order shall be sent to the school district in which
the juvenile offender is enrolled or will be enrolled.
Sec. 46. K.S.A. 1998 Supp. 72-89b02 is hereby amended to read as
follows: 72-89b02. 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 dis-
trict organized under the laws of this state.
(d) "Accredited nonpublic school" means a nonpublic school partic-
ipating in the quality performance accreditation system.
(e) "School employee" means any teacher or other administrative,
professional or paraprofessional employee of a school who has exposure
to a pupil specified in subsection (a)(1) through (5) of K.S.A. 1998 Supp.
72-89b03 and amendments thereto.
(f) "Administrator" means any individual who is employed by a school
in a supervisory or managerial capacity.
(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.
Sec. 47. K.S.A. 1998 Supp. 72-89b03 is hereby amended to read as
follows: 72-89b03. (a) School employees with knowledge that a pupil is a
pupil specified in this subsection shall inform administrators and admin-
istrators with knowledge that a pupil is a pupil specified in this subsection
shall inform all other school employees of the following:
(1) The identity of any pupil who has been expelled as provided by
subsection (c) of K.S.A. 72-8901 and amendments thereto for conduct
which endangers the safety of others;
(2) the identity of any pupil who has been expelled as provided by
subsection (d) of K.S.A. 72-8901 and amendments thereto;
(3) the identity of any pupil who has been expelled under a policy
adopted pursuant to K.S.A. 1998 Supp. 72-89a02 and amendments
thereto;
(4) the identity of 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 that this subsection shall not apply to an adjudication
as a juvenile offender involving a felony theft offense involving no direct
threat to human life; and
(5) the identity of any pupil who has been tried and convicted as an
adult of any felony, except that this subsection shall not apply to any felony
conviction of theft involving no direct threat to human life.
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 de-
termining 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 sub-
section (c) of K.S.A. 72-8901, and amendments thereto, for conduct which
endangers the safety of others;
(2) any pupil who has been expelled for the reason provided by sub-
section (d) of K.S.A. 72-8901, and amendments thereto;
(3) any pupil who has been expelled under a policy adopted pursuant
to K.S.A. 1998 Supp. 72-89a02, 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 re-
quired to report information concerning a pupil specified in this subsec-
tion 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 appro-
priate 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 com-
mitted 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 ex-
plosives, firearms or other weapons; and
(2) the procedures for making such a report.
(c) Administrators and other School employees shall not be subject
to the provisions of subsection (b) of K.S.A. 1998 Supp. 72-89b04 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),
disaggregated by occurrences at school, on school property and at school
supervised activities. The report shall be incorporated into and become
part of the current report required under the quality performance ac-
creditation 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, including those re-
quired by this subsection, except that the provisions of this subsection
shall not apply to the disclosures required reports made by a superinten-
dent of schools and school employees pursuant to subsection (a).
(f) Nothing in this section shall be construed or operate in any man-
ner so as to prevent any school employee from reporting criminal acts to
school officials and to appropriate state and local law enforcement agen-
cies.
(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, and the sec-
retary of social and rehabilitation services and the commissioner of juve-
nile justice.
(h) No board of education and no member of any such board shall
be liable for damages in a civil action for the actions or omissions of any
administrator pursuant to the requirements and provisions of the Kansas
school safety and security act and to this end such board and members
thereof shall have immunity from civil liability related thereto. No ad-
ministrator or school employee shall be liable for damages in a civil action
for the actions or omissions of such administrator or school employee
pursuant to the requirements and provisions of the Kansas school safety
and security act and to this end such administrator or school employee
shall have immunity from civil liability related thereto.
(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.
Sec. 48. K.S.A. 1998 Supp. 72-89b04 is hereby amended to read as
follows: 72-89b04. (a) Willful and knowing failure of a school employee
to make a report required by subsection (a) (b)(1) of K.S.A. 1998 Supp.
72-89b03, 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 (a) (b)(1) of K.S.A. 1998 Supp. 72-89b03,
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 subsec-
tion (a) (b)(1) of K.S.A. 1998 Supp. 72-89b03, 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
(a) (b)(1) of K.S.A. 1998 Supp. 72-89b03, and amendments thereto, is a
class B nonperson misdemeanor.
(c) No board of education shall terminate the employment of, or pre-
vent 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 im-
posed. Any such participant shall have the same immunity with respect
to participation in any judicial proceedings resulting from the report.
Sec. 49. K.S.A. 72-5386 is hereby amended to read as follows: 72-
5386. (a) This act section shall apply to all school districts and to every
pupil of any school district. As used in this section, the term "school re-
cords" 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 forwarded until the pupil has complied with
the provisions of this section withheld for any reason. Any A school district
authority withholding any pupil records under the requirements of this
section shall advise, upon receipt of any request for such records, the
requesting party that the records are being withheld under the require-
ments of this section and shall provide with such advice a fully itemized
statement list of the school district property and its value for which the
pupil is charged in the possession of the pupil. In the event that such
school district authority receives an affidavit stating that the pupil's par-
ents are unable to pay for or return the school district property which is
lost or missing, such school district authority shall forward the pupil's
records as requested and note in the school records of the pupil that the
pupil has complied with the provisions of this section. In the event that
such 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 the a pupil's records are being requested as
proof of identity of the pupil pursuant to the provisions of K.S.A. 72-
53,106, and amendments thereto, such school district authority shall for-
ward 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 evalu-
ations, and all other personally identifiable records, files and data directly
related to the pupil.
Sec. 50. K.S.A. 72-5213 is hereby amended to read as follows: 72-
5213. (a) Every board of education shall require all persons, whether
employees of the school district or under the supervision thereof, who
come in regular contact with the pupils of the school district, to submit
a certification of health signed by a person licensed to practice medicine
and surgery under the laws of any state on a form prescribed by the
secretary of health and environment. The certification shall include a
statement that there is no evidence of physical condition that would con-
flict with the health, safety, or welfare of the pupils; and that freedom
from tuberculosis has been established by chest x-ray or negative tuber-
culin skin test. If at any time there is reasonable cause to believe that any
such person 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. The expense of obtaining certifications of
health may be borne by the board of education.
(b) Upon presentation of a signed statement by the employee of a
school district, to whom the provisions of subsection (a) apply, that he or
she the employee is an adherent of a religious denomination whose relig-
ious teachings are opposed to physical examinations, any person, to whom
the provisions of subsection (a) apply, 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 med-
icine and surgery under the laws of any state that freedom from tuber-
culosis has been established.
(c) Every board of education may require persons, other than em-
ployees 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 per-
sons 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 that freedom 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.
Sec. 51. K.S.A. 38-1513a, 72-933, 72-961, 72-963, 72-963a, 72-963b,
72-963c, 72-964, 72-965, 72-966, 72-967, 72-969, 72-970, 72-971, 72-972,
72-973, 72-973a, 72-975, 72-976, 72-977, 72-979, 72-980, 72-981, 72-
5213, 72-5386, 72-5392, 72-5393 and 72-5394 and K.S.A. 1998 Supp. 38-
1502, 38-1502c, 38-1507, 38-1602, 38-1602a, 38-1655, 72-962, 72-968,
72-974, 72-978, 72-983, 72-53,109, 72-8902, 72-89b02, 72-89b03 and 72-
89b04 are hereby repealed.
Sec. 52. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
HOUSE, and passed that body
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HOUSE adopted
Conference Committee Report ______________________________
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Passed the SENATE
as amended ______________________________
SENATE adopted
Conference Committee Report ______________________________
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APPROVED ______________________________
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