[As Amended by Senate Committee of the Whole]

As Amended by Senate Committee
Session of 2000
By Committee on Education

12             AN  ACT concerning education; providing for preparation of a strat-
13             egy for development and implementation of a mastery of basic
14             reading skills program; establishing the Kansas mentor teacher pro-
15             gram [and the national board for professional teaching standards
16             certification incentive program; relating to suspension or expul-
17             sion of pupils from school; conferring the power of home rule on
18             school district boards of education; amending K.S.A. 72-8205 and
19             K.S.A. 1999 Supp. 72-8902 and 72-8904 and repealing the exist-
20             ing sections].
22       Be it enacted by the Legislature of the State of Kansas:
23        [New] Section  1. (a) The state board of education shall pre-
24       pare a strategy for identifying, developing, and implementing a
25       mastery of basic reading skills program in kindergarten and each
26       of grades one through three of school districts based upon the goal
27       of mastery of basic reading skills by pupils upon completion of the
28       third grade. In carrying out this directive, the state board shall:
29             (1) Identify state standards and outcomes of mastery of basic
30       reading skills in kindergarten and each of grades one through three;
31             (2) prepare a plan for monitoring the progress of pupils in kin-
32       dergarten and at each applicable grade level in achieving mastery
33       of basic reading skills; and
34             (3) specify the means to be used for determining mastery of
35       basic reading skills by each pupil upon completion of grade three.
36             (b) The state board's strategy shall include a component for
37       requiring school districts to provide interventions for pupils who
38       are not making satisfactory progress toward mastering basic read-
39       ing skills such as, but not limited to, a restructured school day,
40       additional school days, summer school, or individualized
41       instruction.
42             (c) The state board of education shall report to the 2001 leg-
43       islature a strategy and proposed plan for implementing the mastery


  1       of basic reading skills program with development of standards dur-
  2       ing the 2001-02 school year and commencement of the plan in the
  3       2002-03 school year. The state board report to the 2001 legislature
  4       shall include estimates of the cost to the state of implementing the
  5       program.
  6             Section [New Sec.] 1. 2. As used in this act sections 2 through 5,
  7       and amendments thereto:
  8             (a) ``Mentor teacher program'' means a program established and
  9       maintained by the board of education of a school district for the purpose
10       of providing first-year teachers with professional support and the contin-
11       uous assistance of an on-site mentor teacher.
12             (b) ``Mentor teacher'' means a certificated teacher who has com-
13       pleted at least three consecutive school years of employment in the school
14       district, has been selected by the board of education of a [the] school
15       district on the basis of having demonstrated exemplary teaching ability
16       as indicated by criteria established by the state board of education, and
17       has participated in and successfully completed a training program for
18       mentor teachers provided for by the board of education of a [the]
19       school district in accordance with guidelines prescribed by the state
20       board of education. The primary function of a mentor teacher shall be to
21       provide first-year teachers with professional support and assistance. A
22       mentor teacher may provide assistance and guidance to not more than
23       two first-year teachers.
24             [New] Sec.  2. 3. (a) The board of education of each school district
25       shall may establish and maintain a mentor teacher program and, com-
26       mencing with the 2001-02 school year, may apply for a grant of state
27       moneys for the purpose of providing stipends for mentor teachers. The
28       program shall be implemented in the 2000-01 school year and maintained
29       in each school year thereafter.
30             (b) To be eligible to receive a grant of state moneys for maintenance
31       of a mentor teacher program, a board of education shall submit to the
32       state board of education an application for a grant and a description of
33       the program. The application and description shall be prepared in such
34       form and manner as the state board shall require and shall be submitted
35       at a time to be determined and specified by the state board. Approval by
36       the state board of the program and the application is prerequisite to the
37       award of a grant.
38             (c) Each board of education which is awarded a grant under this act
39       for maintenance of a mentor teacher program shall make such peri-
40       odic and special reports of statistical and financial information to the state
41       board of education as it may request.
42             [New] Sec.  3. 4. (a) The On or before January 1, 2001, the state
43       board of education shall adopt rules and regulations for the administration


  1       of this act mentor teacher programs and shall:
  2             (1) Establish standards and criteria for evaluating and approving
  3       mentor teacher programs and applications of school districts for grants;
  4             (2) evaluate and approve mentor teacher programs;
  5             (3) establish criteria for qualification determination of exemplary
  6       teaching ability of certificated teachers for qualification as mentor
  7       teachers;
  8             (4) prescribe guidelines for the selection by boards of education of
  9       mentor teachers and for the provision by boards of education of
10       training programs for mentor teachers;
11             (5) provide special training programs for mentor teachers with re-
12       spect to their duties and responsibilities;
13             (6) (5) be responsible for awarding grants to school districts; and
14             (7) (6) request of and receive from each school district which is
15       awarded a grant for maintenance of a mentor teacher program reports
16       containing information with regard to the effectiveness of the program.
17             (b) Within the limits Subject to the availability of appropriations
18       for mentor teacher programs maintained by school districts, and within
19       the limits of any such appropriations, the state board of education
20       shall determine the amount of grants to be awarded school districts by
21       multiplying the an amount of not to exceed $1,000 by the number of
22       first-year mentor teachers participating in the mentor teacher program
23       maintained by a school district. The product is the amount of the grant
24       to be awarded to the district. Upon receipt of a grant of state moneys for
25       maintenance of a mentor teacher program, the amount of the grant shall
26       be deposited in the general fund of the school district. Moneys deposited
27       in the general fund of a school district under this subsection shall be
28       considered reimbursements for the purpose of the school district finance
29       and quality performance act. The full amount of the grant shall be allo-
30       cated among the mentor teachers employed by the school district so as
31       to provide a mentor teacher with an annual stipend in the an amount of
32       not to exceed $1,000 for each first-year teacher mentored. Such annual
33       stipend shall be over and above the regular salary to which the mentor
34       teacher is entitled for the school year.
35             [New] Sec.  4. 5. The state board of education shall provide any
36       board, upon request, with technical advice and assistance regarding the
37       establishment and maintenance of a mentor teacher program or an ap-
38       plication for a grant of state moneys.
39        [Sec.  6. The national board for professional teaching standards
40       certification incentive program is hereby established for the pur-
41       pose of rewarding teachers who have attained certification from the
42       national board. Teachers who have attained certification from the
43       national board shall be issued a master teacher's certificate by the


  1       state board of education. A master teacher's certificate shall be
  2       valid for 10 years and renewable thereafter every 10 years through
  3       compliance with continuing education and professional develop-
  4       ment requirements prescribed by the state board. Teachers who
  5       have attained certification from the national board and who are
  6       employed by a school district shall be paid an incentive bonus in
  7       an amount not to exceed $1,000 each school year, not to exceed 10
  8       years, that the teacher remains employed by a school district and
  9       retains a valid master teacher's certificate.
10             [(b) The board of education of each school district employing
11       one or more national board certified teachers shall pay the incentive
12       bonus to each such teacher in each school year that the teacher
13       retains eligibility for such payment. Each board of education which
14       has made payments of incentive bonuses to national board certified
15       teachers under this subsection may file an application with the state
16       board of education for state aid and shall certify to the state board
17       the amount of such payments. The application and certification
18       shall be on a form prescribed and furnished by the state board, shall
19       contain such information as the state board shall require and shall
20       be filed at the time specified by the state board.
21             [(c) In each school year, each school district employing one or
22       more national board certified teachers is entitled to receive from
23       appropriations for the national board for professional teaching
24       standards certification incentive program an amount which is equal
25       to the amount certified to the state board of education in accordance
26       with the provisions of subsection (b). The state board shall certify
27       to the director of accounts and reports the amount due each school
28       district. The director of accounts and reports shall draw warrants
29       on the state treasurer payable to the treasurer of each school dis-
30       trict entitled to payment under this section upon vouchers approved
31       by the state board.
32             [(d) Moneys received by a board of education under this section
33       shall be deposited in the general fund of the school district. Moneys
34       deposited in the general fund of the school district under this sub-
35       section shall be considered reimbursements to the district for the
36       purpose of the school district finance and quality performance act
37       and may be expended whether the same have been budgeted or not.
38             [(e) As used in this section, the term school district means any
39       school district organized and operating under the laws of this state.
40        [Sec.  7. K.S.A. 1999 Supp. 72-8902 is hereby amended to read
41       as follows: 72-8902. (a) (1) Except as authorized in provision (2), A
42       suspension may be for a short term not exceeding five ten school
43       days, or for an extended term not exceeding 90 school days. An


  1       expulsion may be for a term not exceeding 186 school days. If a
  2       suspension or expulsion is for a term exceeding the number of school
  3       days remaining in the school year, any remaining part of the term
  4       of the suspension or expulsion may be applied to the succeeding
  5       school year.
  6             [(2) A short-term suspension may be imposed for not more than 10
  7       school days if a pupil: (A) Carries a weapon to school, onto school prop-
  8       erty, or to a school supervised activity; (B) knowingly possesses or uses
  9       illegal drugs or sells or solicits the sale of a controlled substance while at
10       school, on school property or at a school supervised activity; or (C) has
11       engaged in behavior which resulted in, or was substantially likely to have
12       resulted in, injury to the pupil or to others.
13             [(3) For the purposes of this provision, the following definitions ap-
14       ply: (A) ``Controlled substance'' means a drug or other substance identi-
15       fied under schedules I, II, III, IV, or V in 21 U.S.C. 812(c); (B) ``illegal
16       drug'' means a controlled substance but does not include such a substance
17       that is legally possessed or used under the supervision of a licensed health-
18       care professional or that is legally possessed or used under any other
19       authority under any federal or state law; and (C) ``weapon'' means a
20       weapon, device, instrument, material, or substance, animate or inanimate,
21       that is used for, or is readily capable of, causing death or serious bodily
22       injury, except that such term does not include a pocket knife with a blade
23       of less than 21/2 inches in length.
24             [(b)  (1) Except as authorized in provision (2), no suspension for
25       a short term shall be imposed upon a pupil without giving the pupil
26       notice of the charges and affording the pupil an opportunity for a
27       hearing thereon. The notice may be oral or written and the hearing
28       may be held immediately after the notice is given. The hearing may
29       be conducted informally but shall include the following procedural
30       due process requirements: (A) The right of the pupil to be present
31       at the hearing; (B) the right of the pupil to be informed of the
32       charges; (C) the right of the pupil to be informed of the basis for
33       the accusation; and (D) the right of the pupil to make statements in
34       defense or mitigation of the charges or accusations. Refusal of a
35       pupil to be present at the hearing will constitute a waiver of the
36       pupil's opportunity for a hearing.
37             [(2) A short-term suspension may be imposed upon a pupil
38       forthwith, and without affording the pupil a hearing if the presence
39       of the pupil endangers other persons or property or substantially
40       disrupts, impedes or interferes with the operation of the school.
41             [(c) A written notice of any short-term suspension and the rea-
42       son therefor shall be given to the pupil involved and to the pupil's
43       parent or guardian within 24 hours after the suspension has been


  1       imposed and, in the event the pupil has not been afforded a hearing
  2       prior to any short-term suspension, an opportunity for an informal
  3       hearing shall be afforded the pupil as soon thereafter as practicable
  4       but in no event later than 72 hours after such short-term suspension
  5       has been imposed. Any notice of the imposition of a short-term sus-
  6       pension that provides an opportunity for an informal hearing after
  7       such suspension has been imposed shall state that failure of the
  8       pupil to attend the hearing will result in a waiver of the pupil's
  9       opportunity for the hearing.
10             [(d) No suspension for an extended term and no expulsion shall
11       be imposed upon a pupil until an opportunity for a formal hearing
12       thereon is afforded the pupil. A written notice of any proposal to
13       suspend for an extended term or to expel from school, and the
14       charges upon which the proposal is based shall be given to the pupil
15       proposed to be suspended or expelled from school, and to the pupil's
16       parent or guardian. Any notice of a proposal to suspend for an ex-
17       tended term or to expel from school shall state the time, date and
18       place that the pupil will be afforded an opportunity for a formal
19       hearing, and that failure of the pupil and the pupil's parent or
20       guardian to attend the hearing will result in a waiver of the pupil's
21       opportunity for the hearing. The hearing shall be held not later than
22       10 days after the date of the notice. The notice shall be accompanied
23       by a copy of this act and the regulations of the board of education
24       adopted under K.S.A. 72-8903, and amendments thereto.
25             [(e) Whenever any written notice is required under this act to
26       be given to a pupil or to a pupil's parent or guardian, it shall be
27       sufficient if the notice is mailed to the address on file in the school
28       records of the pupil. In lieu of mailing the written notice, the notice
29       may be personally delivered.
30             [(f) A formal hearing on a suspension or expulsion may be con-
31       ducted by any certificated employee person or committee of certifi-
32       cated employees persons authorized by the board of education to con-
33       duct the hearing.
34             [Sec.  8. K.S.A. 1999 Supp. 72-8904 is hereby amended to read
35       as follows: 72-8904. (a) Written notice of the result of any hearing
36       imposing an extended-term suspension or an expulsion from school
37       shall be given to the pupil suspended or expelled from school, and
38       to the parents or guardians of the pupil within 24 hours after de-
39       termination of such result.
40             [(b) Any pupil, age 18 or older, who has been suspended for an
41       extended term or expelled, or one of the pupil's parents or guardians
42       of a pupil under age 18, may appeal such suspension or expulsion to
43       the board of education of the school district by filing a written no-


  1       tice of appeal with the clerk of the board of education not later than
  2       10 calendar days after receiving the written notice. Any such appeal
  3       shall be heard by the board of education, or by a hearing officer
  4       appointed by such board, not later than 20 calendar days after such
  5       notice of appeal is filed. The pupil and the pupil's parents or guard-
  6       ians shall be notified in writing of the time and place of the appeal
  7       hearing at least five days prior thereto. Such appeal shall be con-
  8       ducted under rules which are consonant with K.S.A. 72-8903, and
  9       amendments thereto. The decision on any such appeal shall be ren-
10       dered not later than five days after the conclusion of the appeal
11       hearing.
12             [(c) For the purpose of hearing an appeal of an extended-term
13       suspension or an expulsion, the board of education may appoint one
14       or more hearing officers. Any such hearing officer shall be a member
15       of the board of education, a certificated employee of the school dis-
16       trict, or an attorney admitted to the practice of law in this state.
17       Any such appointment shall apply to a particular hearing or to a
18       set or class of hearings as specified by the board of education in
19       making the appointment. Whenever a hearing officer appointed un-
20       der authority of this section hears any appeal, the hearing officer
21       shall prepare a written report thereon to the board of education.
22       After receiving any such report, the board of education shall deter-
23       mine the matter with or without additional hearing. Any matter
24       determined by the board of education in accordance with this sub-
25       section shall be valid to the same extent as if the matter were fully
26       heard by the board of education without a hearing officer.
27        [Sec.  9. K.S.A. 1999 Supp. 72-8902 and 72-8904 are hereby
28       repealed.
29        [Sec.  10. K.S.A. 72-8205 is hereby amended to read as follows:
30       72-8205. (a) The board of education shall meet at least once each
31       month. At some time during the month of July of each year, the
32       board shall adopt a resolution specifying a regular meeting time of
33       the board and such resolution shall specify the regular hour of com-
34       mencement of the meeting, as well as the day of the week and the
35       week of the month. Such resolution shall also provide that if the
36       regular meeting date occurs on a Sunday or on a legal holiday or
37       on a holiday specified by the board, such regular meeting shall be
38       held on the day following commencing at the same hour. Such res-
39       olution shall also specify the regular meeting place of the board and
40       may specify that any regular meeting may be adjourned to another
41       time and place. Special meetings may be called at any time by the
42       president of the board or by joint action of any three members
43       thereof. Written notice, stating the time and place of any special


  1       meeting and the purpose for which called, shall, unless waived, be
  2       given each member of the board at least two days in advance of the
  3       special meeting and no business other than that stated in the notice
  4       shall be transacted at such meeting. A majority of the full member-
  5       ship of the board shall constitute a quorum for the purpose of con-
  6       ducting any business of the school district, and the vote of a major-
  7       ity of the full membership of the board shall be required for the
  8       passage of any motion or resolution. Any member who abstains from
  9       voting shall be counted as having voted against the motion or res-
10       olution. If a member announces a conflict of interest with regard to
11       the issue, the member may leave the meeting until the voting on the
12       issue is concluded and the member who abstains from voting
13       thereby shall not be counted as having voted.
14             [(b) Except as otherwise provided in the unification acts, the
15       board of education shall have and may exercise the same powers and
16       authorities as were immediately prior to this act conferred uni-
17       formly upon boards of education in cities of the first class, and, in
18       addition thereto, the powers and authority expressly conferred by
19       law including the power of local control to determine local affairs and
20       government as provided under subsection (e).
21             [(c) The board of education shall have authority to prescribe
22       courses of study for each year of the school program and provide
23       rules and regulations for teaching in the school district and general
24       government thereof, and to approve and adopt suitable textbooks
25       and study material for use therein subject to the plans, methods,
26       rules and regulations formulated and recommended by the state
27       board of education.
28             [(d) The board of education may provide legal counsel at district
29       expense to any members of the board of education, or school district
30       officers or employees who are sued in situations relating to and
31       arising out of the performance of their office or employment. No
32       teacher or other employment contract shall make reference to or
33       incorporate the provisions of this subsection, nor shall the provi-
34       sions of this subsection be construed as any part of the considera-
35       tion of employment of any teacher, officer or other employee of the
36       board.
37             [(e)  (1) The board of education may transact all school district busi-
38       ness and adopt policies that the board deems appropriate to perform its
39       constitutional duty to maintain, develop and operate local public schools,
40       subject to the following limitations:
41             [(A) School districts shall be subject to all acts of the legislature and
42       all rules and regulations of the state board of education which apply to
43       all unified school districts.


  1             [(B) School districts may not consolidate or alter school district
  2       boundaries except as provided by law.
  3             [(C) School districts may not affect the courts located therein.
  4             [(D) School districts shall be subject to acts of the legislature pre-
  5       scribing limits of indebtedness.
  6             [(E) School districts shall be subject to all acts of the legislature con-
  7       cerning elections.
  8             [(F) School districts may levy and collect taxes only in conformity
  9       with acts of the legislature which specifically confer such authority.
10             [(G) In the exercise of the power and authority conferred by this
11       subsection, the home rule power conferred on cities and counties shall not
12       be superseded or impaired without the consent of the governing body of
13       each city or county which may be affected.
14             [(H) School districts may not adopt policies which modify, diminish
15       or reinterpret state or federal laws which affect school district employees.
16             [(I) Notwithstanding any other provisions of this act, school districts
17       shall not adopt policies which interfere with the public policy of this state
18       set forth in subsection (b) of K.S.A. 1999 Supp. 38-141, and amendments
19       thereto.
20             [(2) The power and authority conferred on school districts by this
21       subsection shall not be construed to relieve any other unit of government
22       of its duties and responsibilities which are prescribed by law, nor to create
23       any responsibility on the part of a school district to assume the duties or
24       responsibilities which are required of another unit of government.
25             [(3) School districts shall exercise the powers of local control con-
26       ferred by this subsection by resolution of the board of education.
27        [Sec.  11. K.S.A. 72-8205 and K.S.A. 1999 Supp. 72-8902 and
28       72-8904 are hereby repealed.]
29        Sec.  5. 6. [12.] This act shall take effect and be in force from and
30       after its publication in the statute book.