Session of 2000
Effective: April 27, 2000

HOUSE BILL No. 2810
 An Act concerning school districts; affecting the count of preschool-aged at-risk pupils;
      revising the definition of juvenile detention facility for the provision of educational serv-
      ices and grants of state moneys; amending K.S.A. 1999 Supp. 72-6407, 72-6430 and 72-
      8187 and repealing the existing sections.


     
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1999 Supp. 72-6407 is hereby amended to read as
follows: 72-6407. (a) "Pupil" means any person who is regularly enrolled
in a district and attending kindergarten or any of the grades one through
12 maintained by the district or who is regularly enrolled in a district and
attending kindergarten or any of the grades one through 12 in another
district in accordance with an agreement entered into under authority of
K.S.A. 72-8233, and amendments thereto, or who is regularly enrolled in
a district and attending special education services provided for preschool-
aged exceptional children by the district. Except as otherwise provided
in this subsection, a pupil in attendance full time shall be counted as one
pupil. A pupil in attendance part time shall be counted as that proportion
of one pupil (to the nearest 1/10) that the pupil's attendance bears to full-
time attendance. A pupil attending kindergarten shall be counted as 1/2
pupil. A pupil enrolled in and attending an institution of postsecondary
education which is authorized under the laws of this state to award aca-
demic degrees shall be counted as one pupil if the pupil's postsecondary
education enrollment and attendance together with the pupil's attend-
ance in either of the grades 11 or 12 is at least 5/6 time, otherwise the
pupil shall be counted as that proportion of one pupil (to the nearest 1/10)
that the total time of the pupil's postsecondary education attendance and
attendance in grade 11 or 12, as applicable, bears to full-time attendance.
A pupil enrolled in and attending an area vocational school, area voca-
tional-technical school or approved vocational education program shall be
counted as one pupil if the pupil's vocational education enrollment and
attendance together with the pupil's attendance in any of grades nine
through 12 is at least 5/6 time, otherwise the pupil shall be counted as that
proportion of one pupil (to the nearest 1/10) that the total time of the
pupil's vocational education attendance and attendance in any of grades
nine through 12 bears to full-time attendance. A pupil enrolled in a dis-
trict and attending special education services, except special education
services for preschool-aged exceptional children, provided for by the dis-
trict shall be counted as one pupil. A pupil enrolled in a district and
attending special education services for preschool-aged exceptional chil-
dren provided for by the district shall be counted as 1/2 pupil. A preschool-
aged at-risk pupil enrolled in a district and receiving services under an
approved at-risk pupil assistance plan maintained by the district shall be
counted as 1/2 pupil. A pupil in the custody of the secretary of social and
rehabilitation services and enrolled in unified school district No. 259,
Sedgwick county, Kansas, but housed, maintained, and receiving educa-
tional services at the Judge James V. Riddel Boys Ranch, shall be counted
as two pupils. A pupil residing at the Flint Hills job corps center shall not
be counted. A pupil confined in and receiving educational services pro-
vided for by a district at a juvenile detention facility shall not be counted.
A pupil enrolled in a district but housed, maintained, and receiving ed-
ucational services at a state institution shall not be counted.

      (b) "Preschool-aged exceptional children" means exceptional chil-
dren, except gifted children, who have attained the age of three years but
are under the age of eligibility for attendance at kindergarten.

      (c) "At-risk pupils" means pupils who are eligible for free meals un-
der the national school lunch act and who are enrolled in a district which
maintains an approved at-risk pupil assistance plan.

      (d) "Preschool-aged at-risk pupil" means an at-risk pupil who has
attained the age of four years, is under the age of eligibility for attendance
at kindergarten, and has been selected by the state board in accordance
with guidelines consonant with guidelines governing the selection of pu-
pils for participation in head start programs. The state board shall select
not more than 1,794 preschool-aged at-risk pupils to be counted in the
1999-2000 school year and not more than 1,794 2,230 preschool-aged at-
risk pupils to be counted in any school year thereafter.

      (e) "Enrollment" means, for districts scheduling the school days or
school hours of the school term on a trimestral or quarterly basis, the
number of pupils regularly enrolled in the district on September 20 plus
the number of pupils regularly enrolled in the district on February 20
less the number of pupils regularly enrolled on February 20 who were
counted in the enrollment of the district on September 20; and for dis-
tricts not hereinbefore specified, the number of pupils regularly enrolled
in the district on September 20. Notwithstanding the foregoing, if en-
rollment in a district in any school year has decreased from enrollment
in the preceding school year, enrollment of the district in the current
school year means whichever is the greater of (1) enrollment in the pre-
ceding school year minus enrollment in such school year of preschool-
aged at-risk pupils, if any such pupils were enrolled, plus enrollment in
the current school year of preschool-aged at-risk pupils, if any such pupils
are enrolled, or (2) the sum of enrollment in the current school year of
preschool-aged at-risk pupils, if any such pupils are enrolled and the av-
erage (mean) of the sum of (A) enrollment of the district in the current
school year minus enrollment in such school year of preschool-aged at-
risk pupils, if any such pupils are enrolled and (B) enrollment in the
preceding school year minus enrollment in such school year of preschool-
aged at-risk pupils, if any such pupils were enrolled and (C) enrollment
in the school year next preceding the preceding school year minus en-
rollment in such school year of preschool-aged at-risk pupils, if any such
pupils were enrolled.

      (f) "Adjusted enrollment" means enrollment adjusted by adding at-
risk pupil weighting, program weighting, low enrollment weighting, if any,
correlation weighting, if any, school facilities weighting, if any, ancillary
school facilities weighting, if any, and transportation weighting to enroll-
ment.

      (g) "At-risk pupil weighting" means an addend component assigned
to enrollment of districts on the basis of enrollment of at-risk pupils.

      (h) "Program weighting" means an addend component assigned to
enrollment of districts on the basis of pupil attendance in educational
programs which differ in cost from regular educational programs.

      (i) "Low enrollment weighting" means an addend component as-
signed to enrollment of districts having under 1,725 enrollment on the
basis of costs attributable to maintenance of educational programs by such
districts in comparison with costs attributable to maintenance of educa-
tional programs by districts having 1,725 or over enrollment.

      (j) "School facilities weighting" means an addend component as-
signed to enrollment of districts on the basis of costs attributable to com-
mencing operation of new school facilities. School facilities weighting may
be assigned to enrollment of a district only if the district has adopted a
local option budget and budgeted therein the total amount authorized for
the school year. School facilities weighting may be assigned to enrollment
of the district only in the school year in which operation of a new school
facility is commenced and in the next succeeding school year.

      (k) "Transportation weighting" means an addend component as-
signed to enrollment of districts on the basis of costs attributable to the
provision or furnishing of transportation.

      (l) "Correlation weighting" means an addend component assigned to
enrollment of districts having 1,725 or over enrollment on the basis of
costs attributable to maintenance of educational programs by such dis-
tricts as a correlate to low enrollment weighting assigned to enrollment
of districts having under 1,725 enrollment.

      (m) "Ancillary school facilities weighting" means an addend compo-
nent assigned to enrollment of districts to which the provisions of K.S.A.
1999 Supp. 72-6441, and amendments thereto, apply on the basis of costs
attributable to commencing operation of new school facilities. Ancillary
school facilities weighting may be assigned to enrollment of a district only
if the district has levied a tax under authority of K.S.A. 1999 Supp. 72-
6441, and amendments thereto, and remitted the proceeds from such tax
to the state treasurer. Ancillary school facilities weighting is in addition
to assignment of school facilities weighting to enrollment of any district
eligible for such weighting.

      (n) "Juvenile detention facility" means any community juvenile cor-
rections center or facility, the Forbes Juvenile Attention Facility, the
Sappa Valley Youth Ranch of Oberlin, the Parkview Passages Residential
Treatment Center of Topeka, Charter Wichita Behavior Health System,
L.L.C. and Salvation Army/Koch Center Youth Services, the Clarence M.
Kelley Youth Center, Trego County Secure Care Center, St. Francis Acad-
emy at Atchison, St. Francis Academy at Ellsworth, St. Francis Academy
at Salina, and St. Francis Center at Salina.

      Sec.  2. K.S.A. 1999 Supp. 72-6430 is hereby amended to read as
follows: 72-6430. Expenditures of a district for the following purposes are
not operating expenses:

      (a) Payments to another district in an adjustment of rights as provided
in K.S.A. 72-6776, and amendments thereto, or upon transfer of territory
as provided in K.S.A. 72-7105, 72-7106 or 72-7107, and amendments to
such sections, if paid from any fund other than the general fund.

      (b) Payments to another district under K.S.A. 72-7105a, and amend-
ments thereto.

      (c) The maintenance of student activities which are reimbursed.

      (d) Expenditures from any lawfully authorized fund of a district other
than its general fund.

      (e) The provision of educational services for pupils residing at the
Flint Hills job corps center or for pupils confined in a juvenile detention
facility for which the district is reimbursed by a grant of state moneys as
provided in K.S.A. 1999 Supp. 72-8187, and amendments thereto. As
used in this subsection, the term juvenile detention facility means any
community juvenile corrections center or facility, the Forbes Juvenile
Attention Facility, the Sappa Valley Youth Ranch of Oberlin, the Parkview
Passages Residential Treatment Center of Topeka, Charter Wichita Be-
havior Health System, L.L.C. and Salvation Army/Koch Center Youth
Services, the Clarence M. Kelley Youth Center, Trego County Secure Care
Center, St. Francis Academy at Atchison, St. Francis Academy at Ells-
worth, St. Francis Academy at Salina, and St. Francis Center at Salina.

      (f) Programs financed in part or in whole by federal funds which may
be expended although not included in the budget of the district, excepting
funds received under the provisions of title I of public law 874 (but not
including in such exception amounts received for assistance in cases of
major disaster and amounts received under the low-rent housing pro-
gram), to the extent of the federal funds to be provided.

      Sec.  3. K.S.A. 1999 Supp. 72-8187 is hereby amended to read as
follows: 72-8187. (a) In each school year, to the extent that appropriations
are available, each school district which has provided educational services
for pupils residing at the Flint Hills job corps center or for pupils confined
in a juvenile detention facility is eligible to receive a grant of state moneys
in an amount to be determined by the state board of education.

      (b) In order to be eligible for a grant of state moneys provided for by
this section, each school district which has provided educational services
for pupils residing at the Flint Hills job corps center or for pupils confined
in a juvenile detention facility shall submit to the state board of education
an application for a grant and shall certify the amount expended, and not
reimbursed or otherwise financed, in the school year for the services pro-
vided. The application and certification shall be prepared in such form
and manner as the state board shall require and shall be submitted at a
time to be determined and specified by the state board. Approval by the
state board of applications for grants of state moneys is prerequisite to
the award of grants.

      (c) Each school district which is awarded a grant under this section
shall make such periodic and special reports of statistical and financial
information to the state board as it may request.

      (d) All moneys received by a school district under authority of this
section shall be deposited in the general fund of the school district and
shall be considered reimbursement of the district for the purpose of the
school district finance and quality performance act.

      (e)   The state board of education shall approve applications of school
districts for grants, determine the amount of grants and be responsible
for payment of grants to school districts. In determining the amount of a
grant which a school district is eligible to receive, the state board shall
compute the amount of state financial aid the district would have received
on the basis of enrollment of pupils residing at the Flint Hills job corps
center or confined in a juvenile detention facility if such pupils had been
counted as two pupils under the school district finance and quality per-
formance act and compare such computed amount to the amount certi-
fied by the district under subsection (b). The amount of the grant the
district is eligible to receive shall be an amount equal to the lesser of the
amount computed under this subsection or the amount certified under
subsection (b). If the amount of appropriations for the payment of grants
under this section is insufficient to pay in full the amount each school
district is determined to be eligible to receive for the school year, the
state board shall prorate the amount appropriated among all school dis-
tricts which are eligible to receive grants of state moneys in proportion
to the amount each school district is determined to be eligible to receive.

      (f) As used in this section:

      (1) "Enrollment" means the number of pupils who are residing at the
Flint Hills job corps center or who are confined in a juvenile detention
facility and for whom a school district is providing educational services
on September 20, on November 20, or on April 20 of a school year,
whichever is the greatest number of pupils; and

      (2) "juvenile detention facility" means any community juvenile cor-
rections center or facility, the Forbes Juvenile Attention Facility, the
Sappa Valley Youth Ranch of Oberlin, the Parkview Passages Residential
Treatment Center of Topeka, Charter Wichita Behavior Health System,
L.L.C. and Salvation Army/Koch Center Youth Services, the Clarence M.
Kelley Youth Center, Trego County Secure Care Center, St. Francis Acad-
emy at Atchison, St. Francis Academy at Ellsworth, St. Francis Academy
at Salina, and St. Francis Center at Salina.

      Sec.  4. K.S.A. 1999 Supp. 72-6407, 72-6430 and 72-8187 are hereby
repealed.

      Sec.  5. This act shall take effect and be in force from and after its
publication in the Kansas register.