Session of 1999
HOUSE BILL No. 2420
By Representatives Helgerson, Barnes, Crow, Findley, Garner, Gilbert,
Johnston, Klein, McClure, Phelps, Reardon, Ruff and Spangler
2-10
10 AN ACT concerning school districts; relating to the determination of
11 state aid for the provision of special education services; amending
12 K.S.A. 72-971, 72-973 and 72-979 and K.S.A. 1998 Supp. 72-962 and
13 72-978 and repealing the existing sections; also repealing K.S.A. 1998
14 Supp. 72-983.
15
16 Be it enacted by the Legislature of the State of Kansas:
17 Section 1. K.S.A. 1998 Supp. 72-962 is hereby amended to read as
18 follows: 72-962. As used in this act:
19 (a) "School district" means any public school district.
20 (b) "Board" means the board of education of any school district.
21 (c) "State board" means the state board of education.
22 (d) "Department" means the state department of education.
23 (e) "State institution" means Topeka state hospital, Osawatomie state
24 hospital, Rainbow mental health facility, Larned state hospital, Parsons
25 state hospital and training center, Winfield state hospital and training
26 center, Kansas neurological institute and any juvenile correctional facility
27 as defined by K.S.A. 38-1602, and amendments thereto any institution
28 under the jurisdiction of a state agency.
29 (f) "State agency" means the secretary of social and rehabilitation
30 services, the secretary of corrections, and the commissioner of juvenile
31 justice.
32 (f) (g) "Exceptional children" means persons who: (1) Are school age,
33 to be determined in accordance with rules and regulations adopted by
34 the state board, which age may differ from the ages of children required
35 to attend school under the provisions of K.S.A. 72-1111, and amendments
36 thereto; and (2) differ in physical, mental, social, emotional or educational
37 characteristics to the extent that special education services are necessary
38 to enable them to receive educational benefits in accordance with their
39 abilities or capacities.
40 (g) (h) "Gifted children" means exceptional children who are deter-
41 mined to be within the gifted category of exceptionality as such category
42 is defined in the state plan.
43 (h) (i) "Special education services" means programs for which spe-
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1 cialized training, instruction, programming techniques, facilities and
2 equipment may be needed for the education of exceptional children.
3 (i) (j) "Special teacher" means a person employed by a school district
4 or a state institution for special education services who is: (1) A teacher
5 qualified to instruct exceptional children as determined by standards es-
6 tablished by the state board and who is so certified by the state board; or
7 (2) a paraprofessional qualified to assist certificated teachers in the in-
8 struction of exceptional children as determined by standards established
9 by the state board and who is so approved by the state board.
10 (j) (k) "State plan" means the state plan for special education services
11 authorized by this act.
12 (k) (l) "Agency" means boards and the secretary of social and reha-
13 bilitation services state agencies.
14 (l) (m) "Lawful custodian" means a parent or a person acting as par-
15 ent. If none of the above is known or can be found, an agency shall cause
16 proper proceedings to be instituted pursuant to the Kansas code for care
17 of children to determine whether a child is a child in need of care. For a
18 child whose custodian is the secretary of social and rehabilitation services
19 in the custody of a state agency, the term lawful custodian means the
20 secretary state agency except, when used in K.S.A. 72-972 through 72-
21 975, and amendments to such sections, the term means an education
22 advocate.
23 (m) (n) "Parent" means a natural parent, an adoptive parent, or a
24 stepparent.
25 (n) (o) "Person acting as parent" means: (1) A guardian or conser-
26 vator; or (2) a person, other than a parent, who is liable by law to maintain,
27 care for, or support the child, or who has actual care and control of the
28 child and is contributing the major portion of the cost of support of the
29 child, or who has actual care and control of the child with the written
30 consent of a person who has legal custody of the child, or who has been
31 granted custody of the child by a court of competent jurisdiction.
32 (o) (p) "Education advocate" means a person appointed by the state
33 board in accordance with the provisions of K.S.A. 38-1513a, and amend-
34 ments thereto. A person appointed as an education advocate for a child
35 shall not be (1) an employee of the agency which is required by law to
36 provide special education services for the child, or (2) an employee of the
37 state board, the department, or any agency which is directly involved in
38 providing educational services for the child, or (3) any person having a
39 professional or personal interest which would conflict with the interests
40 of the child.
41 Sec. 2. K.S.A. 72-971 is hereby amended to read as follows: 72-971.
42 (a) In order to obtain data necessary for review of the progress or lack
43 thereof made in special education services for exceptional children and
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1 to assess future needs for providing special education services on a more
2 comprehensive, expert, economic and efficient basis, it shall be the duty
3 of the department to conduct an annual survey of the school districts
4 showing the total number of exceptional children within the various cat-
5 egories of exceptionality in the state.
6 (b) The state crippled children's commission department of health
7 and environment and other state departments and agencies having census
8 data on exceptional children shall from time to time as requested furnish
9 such data to the department.
10 Sec. 3. K.S.A. 72-973 is hereby amended to read as follows: 72-973.
11 (a) The hearing provided for in K.S.A. 72-972, and amendments thereto,
12 shall be held at a time and place reasonably convenient to the lawful
13 custodian of the involved child, shall be a closed hearing unless the lawful
14 custodian requests an open hearing, and shall be conducted in accordance
15 with rules and regulations relating thereto adopted by the agency. Such
16 rules and regulations shall afford procedural due process, including the
17 following:
18 (1) The right of the parties to have counsel or an advisor of their own
19 choice present and to receive the advice of such counsel or other advisor
20 whom they may select;
21 (2) the right of the child and the lawful custodian of the child to be
22 present at the hearing;
23 (3) the right of the child, the lawful custodian of the child and their
24 counsel or advisor to hear or read a full report of the testimony of wit-
25 nesses responsible for recommending the proposed action and of any
26 other material witnesses;
27 (4) the right of the parties and their counsel or advisor to confront
28 and cross-examine witnesses who appear in person at the hearing, either
29 voluntarily or as a result of the issuance of a subpoena;
30 (5) the right of the parties to present witnesses in person or their
31 testimony by affidavit, including expert medical, psychological or educa-
32 tional testimony;
33 (6) the right of the child and the lawful custodian, on behalf of the
34 child, to testify and give reasons in opposition to the proposed action;
35 (7) the right of the parties to prohibit the presentation of any evi-
36 dence at the hearing which has not been disclosed to the opposite party
37 at least five days prior to the hearing;
38 (8) the right of the parties to have an orderly hearing;
39 (9) the right of the child to a fair and impartial decision based on
40 substantial evidence; and
41 (10) the right of the parties to have a record of the hearing made by
42 mechanical or electronic recording or by an official court reporter.
43 (b) The hearing shall be held not later than 30 days from the date on
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1 which the request therefor is received or, if no request is received, not
2 later than 30 days from the date by which the request should have been
3 made, or on which objection, or revocation of consent, to the proposed
4 action is received by the agency. The child and the lawful custodian of
5 the child shall be notified in writing of the time and place of the hearing
6 at least five days prior thereto. At any reasonable time prior to the hearing,
7 the lawful custodian and the counsel or advisor of the involved child shall
8 be given access to all records, tests, reports or clinical evaluations relating
9 to the proposed action.
10 (c) Subject to the provisions of K.S.A. 72-973a, and amendments
11 thereto, the agency shall appoint a hearing officer for the purpose of
12 conducting the hearing. Members of the state board, the secretary of
13 social and rehabilitation services, and members of any board involved in
14 the education of the child shall not serve as hearing officers. The secretary
15 of social and rehabilitation services, the secretary of corrections, and the
16 commissioner of juvenile justice shall not serve as hearing officers. No
17 hearing officer shall be any person (1) responsible for recommending the
18 proposed action upon which the hearing is based, (2) having a personal
19 or professional interest which would conflict with objectivity in the hear-
20 ing, or (3) who is an employee of the state board or any agency involved
21 in the education of the child. A person shall not be considered an em-
22 ployee of the agency solely because the person is paid by the agency to
23 serve as a hearing officer. Each agency shall maintain a list of hearing
24 officers. Such list shall include a statement of the qualifications of each
25 hearing officer. Each hearing officer shall be qualified in accordance with
26 standards and requirements established by the state board and shall have
27 satisfactorily completed a training program conducted or approved by the
28 state board. Whenever a hearing officer conducts any hearing, such hear-
29 ing officer shall render a decision on the matter not later than 10 days
30 after the conclusion of the hearing and shall prepare a written report
31 thereon to the agency providing for the hearing. Any action of the hearing
32 officer in accordance with this subsection shall be final, subject to appeal
33 and review in accordance with K.S.A. 72-974, and amendments thereto.
34 Sec. 4. K.S.A. 1998 Supp. 72-978 is hereby amended to read as fol-
35 lows: 72-978. (a) (1) In each school year, in accordance with appropria-
36 tions for special education services provided under this act, each school
37 district districts which has have provided special education services in
38 compliance with the requirements of the state plan and the provisions of
39 this act shall be entitled to receive state aid in an amount which shall be
40 computed by the state board as provided in this section. The state board
41 shall:
42 (1) Determine the total amount of general fund and local option budg-
43 ets of all school districts for the preceding school year;
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1 (2) subtract from the amount determined in provision (1) the total
2 amount attributable in the preceding school year to assignment of trans-
3 portation weighting, program weighting and at-risk pupil weighting to
4 enrollment of all school districts in such school year;
5 (3) divide the remainder obtained in provision (2) by the total number
6 of pupils enrolled in all school districts on September 20 of the preceding
7 school year;
8 (4) determine the total full-time equivalent enrollment of exceptional
9 children in special education services provided by all school districts in
10 the preceding school year;
11 (5) multiply the amount of the quotient obtained in provision (3) by
12 the full-time equivalent enrollment determined in provision (4);
13 (6) determine the amount of federal funds received by all school dis-
14 tricts for the provision of special education services in the preceding school
15 year;
16 (7) determine the amount of revenue received by all school districts
17 in the preceding school year for services rendered under contracts with
18 the state institutions for the provisions of special education services by
19 the state institution;
20 (8) add the amounts determined under (6) and (7) to the amount of
21 the product obtained under (5);
22 (9) determine the total amount of expenditures of all school districts
23 for the provision of special education services in the preceding school year;
24 (10) subtract the amount of the sum obtained under (8) from the
25 amount determined under (9);
26 (11) compute 90% of the remainder obtained under (10). The com-
27 puted amount is the amount of state special education aid school districts
28 are entitled to receive for the provision of special education services.
29 (b) Each school district shall be entitled to receive:
30 (A) (1) Reimbursement for actual travel allowances paid to special
31 teachers at not to exceed the rate specified under K.S.A. 75-3203, and
32 amendments thereto, for each mile actually traveled during the school
33 year in connection with duties in providing special education services for
34 exceptional children; such reimbursement shall be computed by the state
35 board by ascertaining the actual travel allowances paid to special teachers
36 by the school district for the school year and shall be in an amount equal
37 to 80% of such actual travel allowances;
38 (B) (2) reimbursement in an amount equal to 80% of the actual travel
39 expenses incurred for providing transportation for exceptional children to
40 special education services; such reimbursement shall not be paid if such
41 child has been counted in determining the transportation weighting of
42 the district under the provisions of the school district finance and quality
43 performance act;
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1 (C) (3) reimbursement in an amount equal to 80% of the actual ex-
2 penses incurred for the maintenance of an exceptional child at some place
3 other than the residence of such child for the purpose of providing special
4 education services; such reimbursement shall not exceed $600 per excep-
5 tional child per school year; and
6 (D) (4) after subtracting the amounts of reimbursement under (A),
7 (B) and (C) provisions (1), (2) and (3) from the total amount appropriated
8 of state aid for special education services computed under this act sub-
9 section (a), an amount which bears the same proportion to the remaining
10 amount appropriated as the number of full-time equivalent special teach-
11 ers employed by the school district for approved special education serv-
12 ices bears to the total number of full-time equivalent special teachers
13 employed by all school districts for approved special education services.
14 (2) Each special teacher who is a paraprofessional shall be counted
15 as 25 full-time equivalent special teacher.
16 (b) (1) No special teacher in excess of the number of special teachers
17 necessary to comply with the ratio of special teacher to exceptional chil-
18 dren prescribed by the state board for the school district shall be counted
19 in making computations under this section.
20 (2) No time spent by a special teacher in connection with duties per-
21 formed under a contract entered into by the juvenile correctional facility
22 at Atchison, the juvenile correctional facility at Beloit or the juvenile cor-
23 rectional facility at Topeka and a school district for the provision of special
24 education services by such state institution shall be counted in making
25 computations under this section.
26 Sec. 5. K.S.A. 72-979 is hereby amended to read as follows: 72-979.
27 (a) Payments under this act shall be made in a manner to be determined
28 by the state board. In the event If any district is paid more than it is
29 entitled to receive under any distribution made as state aid for the pro-
30 vision of special education services under this act, the state board shall
31 notify the district of the amount of such overpayment, and such district
32 shall remit the same to the state board. The state board shall remit any
33 moneys so received to the state treasurer, and the state treasurer shall
34 deposit the same in the state treasury to the credit of the general fund.
35 If any such district fails so to remit, the state board shall deduct the excess
36 amounts so paid from future payments becoming due to such district. In
37 the event any district is paid less than If the amount to which it is entitled
38 under any distribution made under this act, the state board shall pay the
39 additional amount due at any time within the school year in which the
40 underpayment was made or within sixty (60) days after the end of such
41 school year of appropriations for special education services is insufficient
42 to pay in full the amount of state aid each school district is entitled to
43 receive for the school year, the state board shall prorate the amount ap-
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1 propriated among all school districts.
2 (b) The state board shall prescribe all forms necessary for reporting
3 under this act. Funds shall be distributed to the respective boards as soon
4 as the state board deems practicable.
5 (c) Every board shall make such periodic and special reports of sta-
6 tistical and financial information to the state board as it may request.
7 Sec. 6. K.S.A. 72-971, 72-973 and 72-979 and K.S.A. 1998 Supp. 72-
8 962, 72-978 and 72-983 are hereby repealed.
9 Sec. 7. This act shall take effect and be in force from and after its
10 publication in the statute book.