Session of 1999
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
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

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  1       equipment may be needed for the education of exceptional children.
  2             (i) "Special teacher" means a person employed by a school district or
  3       a state institution for special education services who is: (1) A teacher
  4       qualified to instruct exceptional children as determined by standards es-
  5       tablished by the state board and who is so certified by the state board; or
  6       (2) a paraprofessional qualified to assist certificated teachers in the in-
  7       struction of exceptional children as determined by standards established
  8       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-
12       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
17       child whose custodian is the secretary of social and rehabilitation services
18       in the custody of a state agency, the term lawful custodian means the
19       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
21       advocate.
22             (m) "Parent" means a natural parent, an adoptive parent, or a
23       stepparent.
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
16       following:
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
12       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-
35       tions for special education services provided under this act, each school
36       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
40       shall:
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
14       year;
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
31       services.
32             (b) Each school district shall be entitled to receive:
33             (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;
41             (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;
  4             (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
  9             (D) (4) after subtracting the amounts of reimbursement under (A),
10       (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
13       amount appropriated as the number of full-time equivalent special teach-
14       ers employed by the school district for approved special education serv-
15       ices bears to the total number of full-time equivalent special teachers
16       employed by all school districts for approved special education services.
17             (2) Each special teacher who is a paraprofessional shall be counted
18       as 25 full-time equivalent special teacher.;
19             (b)  (1) No special teacher in excess of the number of special teachers
20       necessary to comply with the ratio of special teacher to exceptional chil-
21       dren prescribed by the state board for the school district shall be counted
22       in making computations under this section.
23             (2) No time spent by a special teacher in connection with duties per-
24       formed under a contract entered into by the juvenile correctional facility
25       at Atchison, the juvenile correctional facility at Beloit or the juvenile cor-
26       rectional facility at Topeka and a school district for the provision of special
27       education services by such state institution shall be counted in making
28       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. In

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  1       the event any district is paid less than If the amount to which it is entitled
  2       under any distribution made under this act, the state board shall pay the
  3       additional amount due at any time within the school year in which the
  4       underpayment was made or within sixty (60) days after the end of such
  5       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.