Session of 1999
By Committee on Education

  9             AN  ACT concerning school districts; relating to the determination of
10             state aid for the provision of special education services; amending
11             K.S.A. 72-971, 72-973 and 72-979 and K.S.A. 1998 Supp. 72-962 and
12             72-978 and repealing the existing sections; also repealing K.S.A. 1998
13             Supp. 72-983.
15       Be it enacted by the Legislature of the State of Kansas:
16             Section  1. K.S.A. 1998 Supp. 72-962 is hereby amended to read as
17       follows: 72-962. As used in this act:
18             (a) "School district" means any public school district.
19             (b) "Board" means the board of education of any school district.
20             (c) "State board" means the state board of education.
21             (d) "Department" means the state department of education.
22             (e) "State institution" means Topeka state hospital, Osawatomie state
23       hospital, Rainbow mental health facility, Larned state hospital, Parsons
24       state hospital and training center, Winfield state hospital and training
25       center, Kansas neurological institute and any juvenile correctional facility
26       as defined by K.S.A. 38-1602, and amendments thereto any institution
27       under the jurisdiction of a state agency.
28             (f) "State agency" means the secretary of social and rehabilitation
29       services, the secretary of corrections, and the commissioner of juvenile
30       justice.
31             (f) (g) "Exceptional children" means persons who: (1) Are school age,
32       to be determined in accordance with rules and regulations adopted by
33       the state board, which age may differ from the ages of children required
34       to attend school under the provisions of K.S.A. 72-1111, and amendments
35       thereto; and (2) differ in physical, mental, social, emotional or educational
36       characteristics to the extent that special education services are necessary
37       to enable them to receive educational benefits in accordance with their
38       abilities or capacities.
39             (g) (h) "Gifted children" means exceptional children who are deter-
40       mined to be within the gifted category of exceptionality as such category
41       is defined in the state plan.
42             (h) (i) "Special education services" means programs for which spe-
43       cialized training, instruction, programming techniques, facilities and
44       equipment may be needed for the education of exceptional children.
45             (i) "Special teacher" means a person employed by a school district or
46       a state institution for special education services who is: (1) A teacher
47       qualified to instruct exceptional children as determined by standards es-
48       tablished by the state board and who is so certified by the state board; or
49       (2) a paraprofessional qualified to assist certificated teachers in the in-
50       struction of exceptional children as determined by standards established
51       by the state board and who is so approved by the state board.
52             (j) "State plan" means the state plan for special education services
53       authorized by this act.
54             (k) "Agency" means boards and the secretary of social and rehabili-
55       tation services state agencies.
56             (l) "Lawful custodian" means a parent or a person acting as parent.
57       If none of the above is known or can be found, an agency shall cause
58       proper proceedings to be instituted pursuant to the Kansas code for care
59       of children to determine whether a child is a child in need of care. For a
60       child whose custodian is the secretary of social and rehabilitation services
61       in the custody of a state agency, the term lawful custodian means the
62       secretary state agency except, when used in K.S.A. 72-972 through 72-
63       975, and amendments to such sections, the term means an education
64       advocate.
65             (m) "Parent" means a natural parent, an adoptive parent, or a
66       stepparent.
67             (n) "Person acting as parent" means: (1) A guardian or conservator;
68       or (2) a person, other than a parent, who is liable by law to maintain, care
69       for, or support the child, or who has actual care and control of the child
70       and is contributing the major portion of the cost of support of the child,
71       or who has actual care and control of the child with the written consent
72       of a person who has legal custody of the child, or who has been granted
73       custody of the child by a court of competent jurisdiction.
74             (o) "Education advocate" means a person appointed by the state
75       board in accordance with the provisions of K.S.A. 38-1513a, and amend-
76       ments thereto. A person appointed as an education advocate for a child
77       shall not be (1) an employee of the agency which is required by law to
78       provide special education services for the child, or (2) an employee of the
79       state board, the department, or any agency which is directly involved in
80       providing educational services for the child, or (3) any person having a
81       professional or personal interest which would conflict with the interests
82       of the child.
83             Sec.  2. K.S.A. 72-971 is hereby amended to read as follows: 72-971.
84       (a) In order to obtain data necessary for review of the progress or lack
85       thereof made in special education services for exceptional children and
86       to assess future needs for providing special education services on a more
87       comprehensive, expert, economic and efficient basis, it shall be the duty
88       of the department to conduct an annual survey of the school districts
89       showing the total number of exceptional children within the various cat-
90       egories of exceptionality in the state.
91             (b) The state crippled children's commission department of health
92       and environment and other state departments and agencies having census
93       data on exceptional children shall from time to time as requested furnish
94       such data to the department.
95             Sec.  3. K.S.A. 72-973 is hereby amended to read as follows: 72-973.
96       (a) The hearing provided for in K.S.A. 72-972, and amendments thereto,
97       shall be held at a time and place reasonably convenient to the lawful
98       custodian of the involved child, shall be a closed hearing unless the lawful
99       custodian requests an open hearing, and shall be conducted in accordance
100       with rules and regulations relating thereto adopted by the agency. Such
101       rules and regulations shall afford procedural due process, including the
102       following:
103             (1) The right of the parties to have counsel or an advisor of their own
104       choice present and to receive the advice of such counsel or other advisor
105       whom they may select;
106             (2) the right of the child and the lawful custodian of the child to be
107       present at the hearing;
108             (3) the right of the child, the lawful custodian of the child and their
109       counsel or advisor to hear or read a full report of the testimony of wit-
110       nesses responsible for recommending the proposed action and of any
111       other material witnesses;
112             (4) the right of the parties and their counsel or advisor to confront
113       and cross-examine witnesses who appear in person at the hearing, either
114       voluntarily or as a result of the issuance of a subpoena;
115             (5) the right of the parties to present witnesses in person or their
116       testimony by affidavit, including expert medical, psychological or educa-
117       tional testimony;
118             (6) the right of the child and the lawful custodian, on behalf of the
119       child, to testify and give reasons in opposition to the proposed action;
120             (7) the right of the parties to prohibit the presentation of any evi-
121       dence at the hearing which has not been disclosed to the opposite party
122       at least five days prior to the hearing;
123             (8) the right of the parties to have an orderly hearing;
124             (9) the right of the child to a fair and impartial decision based on
125       substantial evidence; and
126             (10) the right of the parties to have a record of the hearing made by
127       mechanical or electronic recording or by an official court reporter.
128             (b) The hearing shall be held not later than 30 days from the date on
129       which the request therefor is received or, if no request is received, not
130       later than 30 days from the date by which the request should have been
131       made, or on which objection, or revocation of consent, to the proposed
132       action is received by the agency. The child and the lawful custodian of
133       the child shall be notified in writing of the time and place of the hearing
134       at least five days prior thereto. At any reasonable time prior to the hearing,
135       the lawful custodian and the counsel or advisor of the involved child shall
136       be given access to all records, tests, reports or clinical evaluations relating
137       to the proposed action.
138             (c) Subject to the provisions of K.S.A. 72-973a, and amendments
139       thereto, the agency shall appoint a hearing officer for the purpose of
140       conducting the hearing. Members of the state board, the secretary of
141       social and rehabilitation services, and members of any board involved in
142       the education of the child shall not serve as hearing officers. The secretary
143       of social and rehabilitation services, the secretary of corrections, and the
144       commissioner of juvenile justice shall not serve as hearing officers. No
145       hearing officer shall be any person (1) responsible for recommending the
146       proposed action upon which the hearing is based, (2) having a personal
147       or professional interest which would conflict with objectivity in the hear-
148       ing, or (3) who is an employee of the state board or any agency involved
149       in the education of the child. A person shall not be considered an em-
150       ployee of the agency solely because the person is paid by the agency to
151       serve as a hearing officer. Each agency shall maintain a list of hearing
152       officers. Such list shall include a statement of the qualifications of each
153       hearing officer. Each hearing officer shall be qualified in accordance with
154       standards and requirements established by the state board and shall have
155       satisfactorily completed a training program conducted or approved by the
156       state board. Whenever a hearing officer conducts any hearing, such hear-
157       ing officer shall render a decision on the matter not later than 10 days
158       after the conclusion of the hearing and shall prepare a written report
159       thereon to the agency providing for the hearing. Any action of the hearing
160       officer in accordance with this subsection shall be final, subject to appeal
161       and review in accordance with K.S.A. 72-974, and amendments thereto.
162             Sec.  4. K.S.A. 1998 Supp. 72-978 is hereby amended to read as fol-
163       lows: 72-978. (a) (1) In each school year, in accordance with appropria-
164       tions for special education services provided under this act, each school
165       district which has provided special education services in compliance with
166       the requirements of the state plan and the provisions of this act shall be
167       entitled to receive state aid in an amount which shall be computed by the
168       state board as provided in this section. The state board shall:
169             (A) Reimbursement for actual travel allowances paid to special teach-
170       ers at not to exceed the rate specified under K.S.A. 75-3203, and amend-
171       ments thereto, for each mile actually traveled during the school year in
172       connection with duties in providing special education services for excep-
173       tional children; such reimbursement shall be computed by the state board
174       by ascertaining the actual travel allowances paid to special teachers by
175       the school district for the school year and shall be in an amount equal to
176       80% of such actual travel allowances;
177             (B) reimbursement in an amount equal to 80% of the actual travel
178       expenses incurred for providing transportation for exceptional children to
179       special education services; such reimbursement shall not be paid if such
180       child has been counted in determining the transportation weighting of
181       the district under the provisions of the school district finance and quality
182       performance act;
183             (C) reimbursement in an amount equal to 80% of the actual expenses
184       incurred for the maintenance of an exceptional child at some place other
185       than the residence of such child for the purpose of providing special
186       education services; such reimbursement shall not exceed $600 per excep-
187       tional child per school year; and
188             (D) after subtracting the amounts of reimbursement under (A), (B)
189       and (C) from the total amount appropriated for special education services
190       under this act, an amount which bears the same proportion to the re-
191       maining amount appropriated as the number of full-time equivalent spe-
192       cial teachers employed by the school district for approved special edu-
193       cation services bears to the total number of full-time equivalent special
194       teachers employed by all school districts for approved special education
195       services.
196             (2) Each special teacher who is a paraprofessional shall be counted
197       as 25 full-time equivalent special teacher.
198             (b)  (1) No special teacher in excess of the number of special teachers
199       necessary to comply with the ratio of special teacher to exceptional chil-
200       dren prescribed by the state board for the school district shall be counted
201       in making computations under this section.
202             (2) No time spent by a special teacher in connection with duties per-
203       formed under a contract entered into by the Atchison juvenile correc-
204       tional facility, the Beloit juvenile correctional facility, the Larned juvenile
205       correctional facility or the Topeka juvenile correctional facility and a
206       school district for the provision of special education services by such state
207       institution shall be counted in making computations under this section.
208             (a) Determine the total amount budgeted in the general fund of the
209       district in the preceding school year plus the total amount budgeted in
210       the supplemental general fund of the district in the preceding school year
211       if the district adopted a local option budget in such school year;
212             (b) subtract from the amount determined under (a) the total amount
213       attributable in the preceding school year to assignment of transportation
214       weighting, program weighting and at-risk pupil weighting to enrollment
215       of the school district in such school year;
216             (c) divide the remainder obtained under (b) by the total number of
217       pupils enrolled in the school district on September 20 of the preceding
218       school year;
219             (d) determine the total full-time equivalent enrollment of exceptional
220       children in special education services provided by the school district in
221       the preceding school year;
222             (e) multiply the amount of the quotient obtained under (c) by the full-
223       time equivalent enrollment determined under (d);
224             (f) determine the amount of federal funds received by the school dis-
225       trict for the provision of special education services in the preceding school
226       year;
227             (g) determine the amount of revenue received by the school district
228       in the preceding school year for services rendered under a contract en-
229       tered into by the school district with a state institution for the provision
230       of special education services by the state institution;
231             (h) add the amounts determined under (f) and (g) to the amount of
232       the product obtained under (e);
233             (i) determine the total amount of expenditures of the school district
234       in the preceding school year for the provisions of special education serv-
235       ices in such school year;
236             (j) subtract the amount of the sum obtained under (h) from the
237       amount determined under (i);
238             (k) compute 90% of the remainder obtained under (j). The computed
239       amount is the amount of state aid each school district is entitled to receive
240       for the provision of special education services in the current school year.
242             Sec.  5. K.S.A. 72-979 is hereby amended to read as follows: 72-979.
243       (a) Payments under this act shall be made in a manner to be determined
244       by the state board. In the event If any district is paid more than it is
245       entitled to receive under any distribution made as state aid for the pro-
246       vision of special education services under this act, the state board shall
247       notify the district of the amount of such overpayment, and such district
248       shall remit the same to the state board. The state board shall remit any
249       moneys so received to the state treasurer, and the state treasurer shall
250       deposit the same in the state treasury to the credit of the general fund.
251       If any such district fails so to remit, the state board shall deduct the excess
252       amounts so paid from future payments becoming due to such district. In
253       the event any district is paid less than If the amount to which it is entitled
254       under any distribution made under this act, the state board shall pay the
255       additional amount due at any time within the school year in which the
256       underpayment was made or within sixty (60) days after the end of such
257       school year of appropriations for special education services is insufficient
258       to pay in full the amount of state aid each school district is entitled to
259       receive for the school year, the state board shall prorate the amount ap-
260       propriated among all school districts.
261             (b) The state board shall prescribe all forms necessary for reporting
262       under this act. Funds shall be distributed to the respective boards as soon
263       as the state board deems practicable.
264             (c) Every board shall make such periodic and special reports of sta-
265       tistical and financial information to the state board as it may request. 
266       Sec.  6. K.S.A. 72-971, 72-973 and 72-979 and K.S.A. 1998 Supp. 72-
267       962, 72-978 and 72-983 are hereby repealed.
268        Sec.  7. This act shall take effect and be in force from and after its
269       publication in the statute book.