Session of 1999
HOUSE BILL No. 2415
By Representative Helgerson
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
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
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
(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.
(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.
(h) (i) "Special education services" means programs for which spe-
43 cialized training, instruction, programming techniques, facilities and
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1 equipment may be needed for the education of exceptional children.
(i) "Special teacher" means a person employed by a school district or
a state institution for special education services who is: (1) A teacher
qualified to instruct exceptional children as determined by standards es-
tablished by the state board and who is so certified by the state board; or
(2) a paraprofessional qualified to assist certificated teachers in the in-
struction of exceptional children as determined by standards established
by the state board and who is so approved by the state board.
9 (j) "State plan" means the state plan for special education services
10 authorized by this act.
11 (k) "Agency" means boards and the
secretary of social and rehabili-
tation services state agencies.
13 (l) "Lawful custodian" means a parent or a person acting as parent.
14 If none of the above is known or can be found, an agency shall cause
15 proper proceedings to be instituted pursuant to the Kansas code for care
16 of children to determine whether a child is a child in need of care. For a
whose custodian is the secretary of social and rehabilitation services
18 in the custody of a state agency, the term lawful custodian means the
secretary state agency except, when used in K.S.A. 72-972 through 72-
20 975, and amendments to such sections, the term means an education
22 (m) "Parent" means a natural parent, an adoptive parent, or a
24 (n) "Person acting as parent" means: (1) A guardian or conservator;
25 or (2) a person, other than a parent, who is liable by law to maintain, care
26 for, or support the child, or who has actual care and control of the child
27 and is contributing the major portion of the cost of support of the child,
28 or who has actual care and control of the child with the written consent
29 of a person who has legal custody of the child, or who has been granted
30 custody of the child by a court of competent jurisdiction.
31 (o) "Education advocate" means a person appointed by the state
32 board in accordance with the provisions of K.S.A. 38-1513a, and amend-
33 ments thereto. A person appointed as an education advocate for a child
34 shall not be (1) an employee of the agency which is required by law to
35 provide special education services for the child, or (2) an employee of the
36 state board, the department, or any agency which is directly involved in
37 providing educational services for the child, or (3) any person having a
38 professional or personal interest which would conflict with the interests
39 of the child.
40 Sec. 2. K.S.A. 72-971 is hereby amended to read as follows: 72-971.
41 (a) In order to obtain data necessary for review of the progress or lack
42 thereof made in special education services for exceptional children and
43 to assess future needs for providing special education services on a more
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1 comprehensive, expert, economic and efficient basis, it shall be the duty
2 of the department to conduct an annual survey of the school districts
3 showing the total number of exceptional children within the various cat-
4 egories of exceptionality in the state.
5 (b) The state
crippled children's commission department of health
6 and environment and other state departments and agencies having census
7 data on exceptional children shall from time to time as requested furnish
8 such data to the department.
9 Sec. 3. K.S.A. 72-973 is hereby amended to read as follows: 72-973.
10 (a) The hearing provided for in K.S.A. 72-972, and amendments thereto,
11 shall be held at a time and place reasonably convenient to the lawful
12 custodian of the involved child, shall be a closed hearing unless the lawful
13 custodian requests an open hearing, and shall be conducted in accordance
14 with rules and regulations relating thereto adopted by the agency. Such
15 rules and regulations shall afford procedural due process, including the
17 (1) The right of the parties to have counsel or an advisor of their own
18 choice present and to receive the advice of such counsel or other advisor
19 whom they may select;
20 (2) the right of the child and the lawful custodian of the child to be
21 present at the hearing;
22 (3) the right of the child, the lawful custodian of the child and their
23 counsel or advisor to hear or read a full report of the testimony of wit-
24 nesses responsible for recommending the proposed action and of any
25 other material witnesses;
26 (4) the right of the parties and their counsel or advisor to confront
27 and cross-examine witnesses who appear in person at the hearing, either
28 voluntarily or as a result of the issuance of a subpoena;
29 (5) the right of the parties to present witnesses in person or their
30 testimony by affidavit, including expert medical, psychological or educa-
31 tional testimony;
32 (6) the right of the child and the lawful custodian, on behalf of the
33 child, to testify and give reasons in opposition to the proposed action;
34 (7) the right of the parties to prohibit the presentation of any evi-
35 dence at the hearing which has not been disclosed to the opposite party
36 at least five days prior to the hearing;
37 (8) the right of the parties to have an orderly hearing;
38 (9) the right of the child to a fair and impartial decision based on
39 substantial evidence; and
40 (10) the right of the parties to have a record of the hearing made by
41 mechanical or electronic recording or by an official court reporter.
42 (b) The hearing shall be held not later than 30 days from the date on
43 which the request therefor is received or, if no request is received, not
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1 later than 30 days from the date by which the request should have been
2 made, or on which objection, or revocation of consent, to the proposed
3 action is received by the agency. The child and the lawful custodian of
4 the child shall be notified in writing of the time and place of the hearing
5 at least five days prior thereto. At any reasonable time prior to the hearing,
6 the lawful custodian and the counsel or advisor of the involved child shall
7 be given access to all records, tests, reports or clinical evaluations relating
8 to the proposed action.
9 (c) Subject to the provisions of K.S.A. 72-973a, and amendments
10 thereto, the agency shall appoint a hearing officer for the purpose of
11 conducting the hearing. Members of the state board
, the secretary of
social and rehabilitation services, and members of any board involved in
13 the education of the child shall not serve as hearing officers. The secretary
14 of social and rehabilitation services, the secretary of corrections, and the
15 commissioner of juvenile justice shall not serve as hearing officers. No
16 hearing officer shall be any person (1) responsible for recommending the
17 proposed action upon which the hearing is based, (2) having a personal
18 or professional interest which would conflict with objectivity in the hear-
19 ing, or (3) who is an employee of the state board or any agency involved
20 in the education of the child. A person shall not be considered an em-
21 ployee of the agency solely because the person is paid by the agency to
22 serve as a hearing officer. Each agency shall maintain a list of hearing
23 officers. Such list shall include a statement of the qualifications of each
24 hearing officer. Each hearing officer shall be qualified in accordance with
25 standards and requirements established by the state board and shall have
26 satisfactorily completed a training program conducted or approved by the
27 state board. Whenever a hearing officer conducts any hearing, such hear-
28 ing officer shall render a decision on the matter not later than 10 days
29 after the conclusion of the hearing and shall prepare a written report
30 thereon to the agency providing for the hearing. Any action of the hearing
31 officer in accordance with this subsection shall be final, subject to appeal
32 and review in accordance with K.S.A. 72-974, and amendments thereto.
33 Sec. 4. K.S.A. 1998 Supp. 72-978 is hereby amended to read as fol-
34 lows: 72-978. (a)
(1) In each school year, in accordance with appropria-
tions for special education services provided under this act, each school
district districts which has have provided special education services in
37 compliance with the requirements of the state plan and the provisions of
38 this act shall be entitled to receive state aid in an amount which shall be
39 computed by the state board as provided in this section. The state board
41 (1) Determine the total amount of general fund and local option budg-
42 ets of all school districts for the preceding school year;
43 (2) subtract from the amount determined in provision (1) the total
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1 amount attributable in the preceding school year to assignment of trans-
2 portation weighting, program weighting and at-risk pupil weighting to
3 enrollment of all school districts in such school year;
4 (3) divide the remainder obtained in provision (2) by the total number
5 of pupils enrolled in all school districts on September 20 of the preceding
6 school year;
7 (4) determine the total full-time equivalent enrollment of exceptional
8 children in special education services provided by all school districts in
9 the preceding school year;
10 (5) multiply the amount of the quotient obtained in provision (3) by
11 the full-time equivalent enrollment determined in provision (4);
12 (6) determine the amount of federal funds received by all school dis-
13 tricts for the provision of special education services in the preceding school
15 (7) determine the amount of revenue received by all school districts
16 in the preceding school year for services rendered under contracts with
17 the state institutions for the provisions of special education services by
18 the state institution;
19 (8) add the amounts determined under (6) and (7) to the amount of
20 the product obtained under (5);
21 (9) determine the total amount of expenditures of all school districts
22 for the provision of special education services in the preceding school year;
23 (10) subtract the amount of the sum obtained under (8) from the
24 amount determined under (9);
25 (11) in the 1999-2000 school year, compute 85% of the remainder
26 obtained under (10); in the 2000-01 school year, compute 87% of the
27 remainder obtained under (10); in the 2001-02 school year and each
28 school year thereafter, compute 90% of the remainder obtained under
29 (10). The computed amount is the amount of state special education aid
30 school districts are entitled to receive for the provision of special education
32 (b) Each school district shall be entitled to receive:
(A) (1) Reimbursement for actual travel allowances paid to special
34 teachers at not to exceed the rate specified under K.S.A. 75-3203, and
35 amendments thereto, for each mile actually traveled during the school
36 year in connection with duties in providing special education services for
37 exceptional children; such reimbursement shall be computed by the state
38 board by ascertaining the actual travel allowances paid to special teachers
39 by the school district for the school year and shall be in an amount equal
40 to 80% of such actual travel allowances;
(B) (2) reimbursement in an amount equal to 80% of the actual travel
42 expenses incurred for providing transportation for exceptional children to
43 special education services; such reimbursement shall not be paid if such
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1 child has been counted in determining the transportation weighting of
2 the district under the provisions of the school district finance and quality
3 performance act;
(C) (3) reimbursement in an amount equal to 80% of the actual ex-
5 penses incurred for the maintenance of an exceptional child at some place
6 other than the residence of such child for the purpose of providing special
7 education services; such reimbursement shall not exceed $600 per excep-
8 tional child per school year; and
(D) (4) after subtracting the amounts of reimbursement under (A),
(B) and (C) provisions (1), (2) and (3) from the total amount appropriated
11 of state aid for special education services computed under
this act sub-
12 section (a), an amount which
bears the same proportion to the remaining
amount appropriated as the number of full-time equivalent special teach-
ers employed by the school district for approved special education serv-
ices bears to the total number of full-time equivalent special teachers
employed by all school districts for approved special education services.
(2) Each special teacher who is a paraprofessional shall be counted
as 25 full-time equivalent special teacher .;
(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 juvenile correctional facility
at Atchison, the juvenile correctional facility at Beloit or the juvenile cor-
rectional facility at Topeka and a school district for the provision of special
education services by such state institution shall be counted in making
computations under this section shall be computed by the state board by
29 dividing the remainder obtained under this provision by the total full-
30 time equivalent enrollment of all school districts in the current school year
31 and multiplying the resulting quotient by the full-time equivalent enroll-
32 ment of the school district in the current school year.
33 Sec. 5. K.S.A. 72-979 is hereby amended to read as follows: 72-979.
34 (a) Payments under this act shall be made in a manner to be determined
35 by the state board.
In the event If any district is paid more than it is
36 entitled to receive
under any distribution made as state aid for the pro-
37 vision of special education services under this act, the state board shall
38 notify the district of the amount of such overpayment, and such district
39 shall remit the same to the state board. The state board shall remit any
40 moneys so received to the state treasurer, and the state treasurer shall
41 deposit the same in the state treasury to the credit of the general fund.
42 If any such district fails so to remit, the state board shall deduct the excess
43 amounts so paid from future payments becoming due to such district.
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the event any district is paid less than If 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) days after the end of such
school year of appropriations for special education services is insufficient
6 to pay in full the amount of state aid each school district is entitled to
7 receive for the school year, the state board shall prorate the amount ap-
8 propriated among all school districts.
9 (b) The state board shall prescribe all forms necessary for reporting
10 under this act. Funds shall be distributed to the respective boards as soon
11 as the state board deems practicable.
12 (c) Every board shall make such periodic and special reports of sta-
13 tistical and financial information to the state board as it may request.
14 Sec. 6. K.S.A. 72-971, 72-973 and 72-979 and K.S.A. 1998 Supp. 72-
15 962, 72-978 and 72-983 are hereby repealed.
16 Sec. 7. This act shall take effect and be in force from and after its
17 publication in the statute book.