Session of 1999
HOUSE BILL No. 2388
By Representative McCreary
10 AN ACT concerning private elementary or secondary schools; allowing
11 children instructed at such schools to participate in interscholastic ex-
12 tracurricular activities on behalf of public schools; amending K.S.A.
13 72-132 and K.S.A. 1998 Supp. 72-130 and 72-6407 and repealing the
14 existing sections.
16 Be it enacted by the Legislature of the State of Kansas:
17 New Section 1. As used in this act:
18 (a) "Private elementary or secondary school" has the meaning as-
19 cribed thereto in K.S.A. 72-53,100; and
20 (b) "interscholastic extracurricular activities" has the meaning as-
21 cribed to activities in K.S.A. 72-133.
22 New Sec. 2. Notwithstanding any other provision of law, a child who
23 resides within the attendance area of a public school and who is instructed
24 at a private elementary or secondary school shall be allowed to participate
25 in interscholastic extracurricular activities on behalf of the public school.
26 The state board of education shall adopt rules and regulations prescribing
27 procedures for the participation of children instructed at private elemen-
28 tary or secondary schools in interscholastic extracurricular activities. The
29 child may be required to take a nationally standardized norm-referenced
30 achievement test in order to determine whether the child meets the schol-
31 arship requirements imposed by the Kansas state high school activities
32 association on students regularly enrolled in the public schools. The rules
33 and regulations adopted by the state board of education shall provide that
34 a child who is instructed at a private elementary or secondary school and
35 who was previously enrolled in a public school during the school year
36 shall be ineligible to participate in interscholastic extracurricular activities
37 on behalf of a different public school for the remainder of such school
39 Sec. 3. K.S.A. 1998 Supp. 72-130 is hereby amended to read as fol-
40 lows: 72-130. (a) Any association with a majority of the high schools of
41 the state as members and the purpose of which association is the state-
42 wide regulation, supervision, promotion and development of any of the
43 activities defined in K.S.A. 72-133, and amendments thereto, and in
HB 2388 2
1 which any public high school of this state may participate directly or
2 indirectly shall:
3 (1) On or before September 1 of each year make a full report of its
4 operation for the preceding calendar year to the state board of education.
5 The report shall contain a complete and detailed financial statement un-
6 der the certificate of a certified public accountant.
7 (2) File with the state board a copy of all reports and publications
8 issued from time to time by such association.
9 (3) Be governed by a board of directors which shall exercise the leg-
10 islative authority of the association and shall establish policy for the
12 (4) Submit to the state board of education, for its approval or disap-
13 proval prior to adoption, any amendments, additions, alterations or mod-
14 ifications of its articles of incorporation or bylaws. If any articles of in-
15 corporation, bylaws or any amendment, addition or alteration thereto is
16 disapproved by the state board of education, the same shall not be
18 (5) Establish a system for the classification of member high schools
19 according to student attendance.
20 (6) Be subject to the provisions of the Kansas open meetings law.
21 (7) Be subject to the provisions of the open records law.
22 (b) The association shall provide for participation of children who are
23 instructed at a private elementary or secondary school in all activities,
24 tournaments and events sponsored by or under the jurisdiction of the
25 association if such children are participants in interscholastic extracur-
26 ricular activities at a public school as provided in section 1, and amend-
27 ments thereto. Such children shall be considered bona fide undergradu-
28 ates of the public school for the purpose of satisfying eligibility
29 requirements of the association. All age and scholarship requirements of
30 the association shall apply to such children in the same manner and to
31 the same extent as such requirements apply to students regularly enrolled
32 in the public schools.
(b) (c) The board of directors shall consist of not less than 60 mem-
34 bers. At least eight directors shall be members of boards of education,
35 elected by local boards of education. At least two of such directors shall
36 be elected from each congressional district of the state. At least two di-
37 rectors shall be representatives of the state board of education, appointed
38 by the state board. Directors who are representatives of the senior high
39 schools which are affiliated with a league shall be elected by the league.
40 The senior high schools which are not affiliated with a league shall be
41 represented by at least one director. At least four directors shall be rep-
42 resentatives of the middle/junior high schools, elected by the middle/
43 junior high schools. At least one director shall be representative of and
HB 2388 3
1 selected by athletic administrators. At least one director shall be repre-
2 sentative of and selected by coaches. At least one director shall be rep-
3 resentative of and selected by speech communications educators. At least
4 one director shall be representative of and selected by music educators.
5 At least one director shall be representative of and selected by scholars'
6 bowl coaches. Upon selection of the foregoing directors, the state board
7 of education shall be provided with a list of such directors. In order to
8 attain, when necessary, and insofar as possible, representation of ethnic
9 minority groups and both genders on the board of directors, the state
10 board shall appoint not more than four additional directors from the pub-
11 lic at large. All directors are limited to six consecutive years of service.
(c) (d) An executive board which shall be responsible for the admin-
13 istration, enforcement and interpretation of policy established by the
14 board of directors shall be elected by the board of directors from its
15 membership. Insofar as possible, membership on the executive board
16 shall be representative of ethnic minority groups, both genders, and all
17 geographical areas of the state.
(d) (e) An appeal board which shall be responsible for conducting
19 hearings provided for in K.S.A. 72-134, and amendments thereto, shall
20 be elected as provided in this subsection. The appeal board shall consist
21 of eight members. The membership of the appeal board shall include
22 four members who are board of education members, elected by the
23 boards of education of the member schools of the association; and four
24 members who are school administrators, elected by the member schools
25 of the association. No member of the board of directors shall be eligible
26 for election to membership on the appeal board. All members of the
27 appeal board are limited to six consecutive years of service.
(e) (f) The executive board is authorized to employ an executive di-
29 rector and such other personnel as may be necessary to the exercise of
30 the powers and the performance of the functions and duties of the board
31 of directors, the executive board, and the appeal board. The executive
32 director and all other personnel, except custodial, clerical or maintenance
33 personnel, employed by the executive board pursuant to this subsection,
34 shall file written statements of substantial interests, as provided by K.S.A.
35 46-248 through 46-252, and amendments thereto.
36 Sec. 4. K.S.A. 72-132 is hereby amended to read as follows: 72-132.
or and after the effective date of this act, it shall be unlawful for any
38 board of education of any school district, or for any school administrator
39 or official of any school district to pay or authorize or approve the payment
40 of any amount from any public or activity fund of the school district to a
41 private association or corporation having for its purpose the promotion,
42 development and direction of interscholastic activities and contests
tween such schools in this state and which shall if such association or
HB 2388 4
1 corporation does not comply with the provisions of K.S.A. 72-130 to 72-
2 134, inclusive, and if such association or corporation prohibits partici-
3 pation of children instructed at private elementary or secondary schools
4 in interscholastic extracurricular activities. Any member of a board of
5 education of any school district who shall vote to authorize or approve
6 any such payment or any school administrator or official who shall pay or
7 authorize or approve any such payment shall be personally liable for any
8 amount so paid. Payment of dues to an association or corporation com-
9 plying with the provisions of this act and the right of such association or
10 corporation to receive and dispose of any funds so received are hereby
12 Sec. 5. K.S.A. 1998 Supp. 72-6407 is hereby amended to read as
13 follows: 72-6407. (a) "Pupil" means any person who is regularly enrolled
14 in a district and attending kindergarten or any of the grades one through
15 12 maintained by the district or who is regularly enrolled in a district and
16 attending kindergarten or any of the grades one through 12 in another
17 district in accordance with an agreement entered into under authority of
18 K.S.A. 72-8233, and amendments thereto, or who is regularly enrolled in
19 a district and attending special education services provided for preschool-
20 aged exceptional children by the district. Except as otherwise provided
21 in this subsection, a pupil in attendance full time shall be counted as one
22 pupil. A pupil in attendance part time shall be counted as that proportion
23 of one pupil (to the nearest 1/10) that the pupil's attendance bears to full-
24 time attendance. A pupil attending kindergarten shall be counted as 1/2
25 pupil. A pupil enrolled in and attending an institution of postsecondary
26 education which is authorized under the laws of this state to award aca-
27 demic degrees shall be counted as one pupil if the pupil's postsecondary
28 education enrollment and attendance together with the pupil's attend-
29 ance in either of the grades 11 or 12 is at least 5/6 time, otherwise the
30 pupil shall be counted as that proportion of one pupil (to the nearest 1/10)
31 that the total time of the pupil's postsecondary education attendance and
32 attendance in grade 11 or 12, as applicable, bears to full-time attendance.
33 A pupil enrolled in and attending an area vocational school, area voca-
34 tional-technical school or approved vocational education program shall be
35 counted as one pupil if the pupil's vocational education enrollment and
36 attendance together with the pupil's attendance in any of grades nine
37 through 12 is at least 5/6 time, otherwise the pupil shall be counted as that
38 proportion of one pupil (to the nearest 1/10) that the total time of the
39 pupil's vocational education attendance and attendance in any of grades
40 nine through 12 bears to full-time attendance. A pupil enrolled in a dis-
41 trict and attending special education services, except special education
42 services for preschool-aged exceptional children, provided for by the dis-
43 trict shall be counted as one pupil. A pupil enrolled in a district and
HB 2388 5
1 attending special education services for preschool-aged exceptional chil-
2 dren provided for by the district shall be counted as 1/2 pupil. A preschool-
3 aged at-risk pupil enrolled in a district and receiving services under an
4 approved at-risk pupil assistance plan maintained by the district shall be
5 counted as 1/2 pupil. A child who is instructed at a private elementary or
6 secondary school and participates in interscholastic extracurricular activ-
7 ities on behalf of a public school as provided in section 1, and amendments
8 thereto, shall be counted as 1/6 pupil. A pupil in the custody of the secretary
9 of social and rehabilitation services and enrolled in unified school district
10 No. 259, Sedgwick county, Kansas, but housed, maintained, and receiving
11 educational services at the Judge James V. Riddel Boys Ranch, shall be
12 counted as two pupils. A pupil residing at the Flint Hills job corps center
13 shall not be counted. A pupil confined in and receiving educational serv-
14 ices provided for by a district at a juvenile detention facility shall not be
15 counted. A pupil enrolled in a district but housed, maintained, and re-
16 ceiving educational services at a state institution shall not be counted.
17 (b) "Preschool-aged exceptional children" means exceptional chil-
18 dren, except gifted children, who have attained the age of three years but
19 are under the age of eligibility for attendance at kindergarten.
20 (c) "At-risk pupils" means pupils who are eligible for free meals un-
21 der the national school lunch act and who are enrolled in a district which
22 maintains an approved at-risk pupil assistance plan.
23 (d) "Preschool-aged at-risk pupil" means an at-risk pupil who has
24 attained the age of four years, is under the age of eligibility for attendance
25 at kindergarten, and has been selected by the state board in accordance
26 with guidelines consonant with guidelines governing the selection of pu-
27 pils for participation in head start programs. The state board shall select
28 not more than 1,350 preschool-aged at-risk pupils to be counted in any
29 school year.
30 (e) "Enrollment" means, for districts scheduling the school days or
31 school hours of the school term on a trimestral or quarterly basis, the
32 number of pupils regularly enrolled in the district on September 20 plus
33 the number of pupils regularly enrolled in the district on February 20
34 less the number of pupils regularly enrolled on February 20 who were
35 counted in the enrollment of the district on September 20; and for dis-
36 tricts not hereinbefore specified, the number of pupils regularly enrolled
37 in the district on September 20. Notwithstanding the foregoing, if en-
38 rollment in a district in any school year has decreased from enrollment
39 in the preceding school year, enrollment of the district in the current
40 school year may be computed on the basis of enrollment in the preceding
41 school year.
42 (f) "Adjusted enrollment" means enrollment adjusted by adding at-
43 risk pupil weighting, program weighting, low enrollment weighting, if any,
HB 2388 6
1 correlation weighting, if any, school facilities weighting, if any, ancillary
2 school facilities weighting, if any, and transportation weighting to
4 (g) "At-risk pupil weighting" means an addend component assigned
5 to enrollment of districts on the basis of enrollment of at-risk pupils.
6 (h) "Program weighting" means an addend component assigned to
7 enrollment of districts on the basis of pupil attendance in educational
8 programs which differ in cost from regular educational programs.
9 (i) "Low enrollment weighting" means an addend component as-
10 signed to enrollment of districts having under 1,750 enrollment on the
11 basis of costs attributable to maintenance of educational programs by such
12 districts in comparison with costs attributable to maintenance of educa-
13 tional programs by districts having 1,750 or over enrollment.
14 (j) "School facilities weighting" means an addend component as-
15 signed to enrollment of districts on the basis of costs attributable to com-
16 mencing operation of new school facilities. School facilities weighting may
17 be assigned to enrollment of a district only if the district has adopted a
18 local option budget and budgeted therein the total amount authorized for
19 the school year. School facilities weighting may be assigned to enrollment
20 of the district only in the school year in which operation of a new school
21 facility is commenced and in the next succeeding school year.
22 (k) "Transportation weighting" means an addend component as-
23 signed to enrollment of districts on the basis of costs attributable to the
24 provision or furnishing of transportation.
25 (l) "Correlation weighting" means an addend component assigned to
26 enrollment of districts having 1,750 or over enrollment on the basis of
27 costs attributable to maintenance of educational programs by such dis-
28 tricts as a correlate to low enrollment weighting assigned to enrollment
29 of districts having under 1,750 enrollment.
30 (m) "Ancillary school facilities weighting" means an addend compo-
31 nent assigned to enrollment of districts to which the provisions of K.S.A.
32 1998 Supp. 72-6441, and amendments thereto, apply on the basis of costs
33 attributable to commencing operation of new school facilities. Ancillary
34 school facilities weighting may be assigned to enrollment of a district only
35 if the district has levied a tax under authority of K.S.A. 1998 Supp. 72-
36 6441, and amendments thereto, and remitted the proceeds from such tax
37 to the state treasurer. Ancillary school facilities weighting is in addition
38 to assignment of school facilities weighting to enrollment of any district
39 eligible for such weighting.
40 Sec. 6. K.S.A. 72-132 and K.S.A. 1998 Supp. 72-130 and 72-6407 are
41 hereby repealed.
42 Sec. 7. This act shall take effect and be in force from and after its
43 publication in the statute book.