Session of 2023
Senate Substitute for HOUSE BILL No. 2060
By Committee on Education
3-27
AN ACT concerning education; relating to postsecondary educational
institutions; authorizing payments from the state safety fund to
community colleges for the provision of driver’s education; authorizing
the provision of tools, supplies and examinations for participants in an
AO-K career pathway program; including high school equivalency
credentials in performance-based payments for postsecondary
educational institutions; amending K.S.A. 8-272 and 74-32,434 and
K.S.A. 2022 Supp. 74-32,267 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 8-272 is hereby amended to read as follows: 8-272.
(a) Any school district conducting an approved course in driver training
and any student attending a nonpublic school accredited by the state board
of education conducting an approved course in driver training and any
student 19 years of age or under attending a community college
conducting an approved course in driver training shall be entitled to
participate in the state safety fund created by K.S.A. 8-267, and
amendments thereto. In August of each year, the superintendent of each
school district and the governing authority of each nonpublic school and
community college shall report to the state board of education the number
of students who have been in attendance for a complete driver training
course conducted by such school district, nonpublic school or community
college during the past school year. The state board of education shall
certify to the director of accounts and reports the amount due each school
district or community college and each student of a nonpublic school or
community college entitled to payment under this subsection. The director
of accounts and reports shall draw warrants on the state treasurer payable
to the treasurer of each school district or community college and to each
student of a nonpublic school or community college entitled to payment
under this subsection upon vouchers approved by the state board and shall
cause such warrants to be delivered to the respective school districts,
nonpublic schools and community colleges. If the amount appropriated in
any year from the state safety fund is insufficient to pay the full amount
each school district or community college and each student of a nonpublic
school or community college is entitled to receive under this subsection,
then the entire amount appropriated for such year shall be prorated among
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36 HB 2060 2
all school districts, community colleges and all students of nonpublic
schools and community colleges in proportion to the amount each school
district or community college and each student of a nonpublic school or
community college is entitled to receive. No moneys in the state safety
fund shall be used for any purpose other than that specified in this
subsection or for the support of driver improvement programs. The state
board of education shall prescribe all forms necessary for reporting in
connection with this act. The funds shall be distributed on or before
November 1 each year.
(b) (1) Any school district conducting an approved course in
motorcycle safety as a part of an approved course in driver training, any
student attending a nonpublic school accredited by the state board of
education conducting an approved course in motorcycle safety as a part of
an approved course in driver training or any community college
conducting an approved course in motorcycle safety shall be entitled to
participate in the motorcycle safety fund created by K.S.A. 8-267, and
amendments thereto. The state board of education may establish, by rules
and regulations, standards for the conduct, operation and approval of
courses in motorcycle safety and for the qualifications of instructors for
such courses conducted by a school district or nonpublic accredited school.
Such standards shall not include the requirement that instructors be
licensed by the state board of education. In August of each year, the
superintendent of each school district or the governing authority of each
nonpublic school shall report to the state board of education the number of
students who have been in attendance for a complete course in motorcycle
safety as a part of the driver training course conducted by such school
district or nonpublic school during the past school year. The state board of
education shall certify to the director of accounts and reports the amount
due each school district and each student of a nonpublic school entitled to
payment under this subsection. The director of accounts and reports shall
draw warrants on the state treasurer payable to the treasurer of each school
district and to each student of a nonpublic school entitled to payment
under this subsection upon vouchers approved by the state board and shall
cause such warrants to be delivered to the respective school districts and
nonpublic schools. If the amount appropriated in any year from the
motorcycle safety fund shall be insufficient to pay the full amount each
school district and each student of a nonpublic school is entitled to receive
under this subsection, then the entire amount appropriated for such year
shall be prorated among all school districts and all students of nonpublic
schools in proportion to the amount each school district and each student
of a nonpublic school is entitled to receive. No moneys in the motorcycle
safety fund shall be used for any purpose other than that specified in this
subsection or for the support of motorcycle driver improvement programs.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2060 3
The state board of education shall prescribe all forms necessary for
reporting in connection with this act. The funds shall be distributed on or
before November 1 each year.
(2) Any community college conducting an approved course in
motorcycle safety shall be entitled to participate in the motorcycle safety
fund created by K.S.A. 8-267, and amendments thereto. The department of
revenue may establish, by rules and regulations or by public declaration of
the director of vehicles, standards for the conduct, operation and approval
of courses in motorcycle safety and for the qualifications of instructors for
such courses conducted by a community college. In August of each year,
the chief administrative officer of each community college shall report to
the state board of regents and the department the number of students who
have been in attendance for a complete course in motorcycle safety as a
part of the driver training course conducted by such community college
during the past school year. The state board of regents shall certify to the
director of accounts and reports the amount due each community college
entitled to payment under this subsection. The director of accounts and
reports shall draw warrants on the state treasurer payable to the treasurer
of each community college entitled to payment under this subsection upon
vouchers approved by the state board of regents and shall cause such
warrants to be delivered to the respective community colleges. If the
amount appropriated in any year from the motorcycle safety fund shall be
insufficient to pay the full amount each community college is entitled to
receive under this subsection, then the entire amount appropriated for such
year shall be prorated among all community colleges in proportion to the
amount each community college is entitled to receive. No moneys in the
motorcycle safety fund shall be used for any purpose other than that
specified in this subsection or for the support of motorcycle driver
improvement programs or department administration. The department, in
consultation with the state board of regents, shall prescribe all forms
necessary for reporting in connection with this act. The funds shall be
distributed on or before November 1 each year.
(c) (1) As used in this subsection, "institution" means a technical
school affiliated with a public university in this state, a technical college or
community college.
(2) Any institution conducting an approved course in truck driving
shall be entitled to participate in the truck driver training fund created by
K.S.A. 8-267, and amendments thereto. The department may establish, by
rules and regulations or by public declaration of the director of vehicles,
standards for the conduct, operation and approval of courses in truck
driver training and for the qualifications of instructors for such courses.
Such standards shall not include the requirement that instructors be
certificated by the state board of regents. Courses in truck driver training
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2060 4
for an interstate commercial class license shall also comply with the
Kansas uniform commercial drivers' license act. In August of each year,
the chief administrative officer of each participating institution shall report
to the state board of regents and the department the number of students
who have been in attendance for a complete course in truck driver training
conducted by such institution during the past school year. The state board
of regents shall certify to the director of accounts and reports the amount
due each institution entitled to payment under this subsection. The director
of accounts and reports shall draw warrants on the state treasurer payable
to the treasurer of each institution entitled to payment under this
subsection upon vouchers approved by the state board of regents and shall
cause such warrants to be delivered to the respective institution. If the
amount appropriated in any year from the truck driver training fund shall
be insufficient to pay the full amount each institution is entitled to receive
under this subsection, then the entire amount appropriated for such year
shall be prorated among all participating institutions in proportion to the
amount each institution is entitled to receive. No moneys in the truck
driver training fund shall be used for any purpose other than that specified
in this subsection or for the support of truck driver training programs and
department administration. The department, in consultation with the state
board of regents, shall prescribe all forms necessary for reporting in
connection with this act. The funds shall be distributed on or before
November 1 each year.
Sec. 2. On and after July 1, 2023, K.S.A. 2022 Supp. 74-32,267 is
hereby amended to read as follows: 74-32,267. (a) There is hereby
established the AO-K to work program. The provisions of this program
shall apply to all adult education programs in the state.
(b) As used in this section:
(1) "AO-K" or "accelerating opportunity: Kansas" means a career
pathways program model that assists students in obtaining a high school
equivalency, becoming ready for transferable college-level courses and
earning an industry credential.
(2) "Career readiness assessment" means an assessment approved by
the state board of regents to measure foundational skills required for
success in the workplace and workplace skills that affect job performance.
(3) "Career readiness certificate" means a certificate that uses a career
readiness assessment approved by the state board of regents to document
an individual's skills in applied math, graphic literacy and workplace
documents.
(4) "Community college" means a community college as defined in
K.S.A. 71-701, and amendments thereto.
(5) "Industry recognized credential" means a credential recognized by
multiple employers across an industry as determined by the state board of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2060 5
regents.
(6) "Kansas adult education program" means any educational
institution or approved agency that receives adult education funding
through the state board of regents; provides adult education or English
language acquisition programs; serves Kansas adults aged 16 and over
who are in need of basic skills for the workforce, community participation
and family life; and prepares adults for achieving industry recognized
credentials and college certificates and degrees.
(7) "Qualified student" means an individual who has:
(A) Attained the age of 21 years;
(B) not been awarded a high school diploma;
(C) been accepted into a Kansas adult education program;
(D) demonstrated high school equivalency by meeting the criteria
established by the state board of regents pursuant to this section; and
(E) declared an AO-K career pathway interest.
(8) "Technical college" means a technical college as such term is
defined in K.S.A. 71-1802, and amendments thereto.
(c) (1) The state board of regents shall award a Kansas high school
equivalency credential to any qualified student who:
(A)(1) Is recommended and approved to participate in a AO-K career
pathway approved by the state board of regents for college credit;
(B)(2) successfully completes an approved AO-K career pathway and
receives the industry-recognized credential appropriate to the completed
pathway;
(C)(3) takes a career readiness assessment and earns a career
readiness certificate at a level approved by the state board of regents; and
(D)(4) satisfies any other requirements deemed necessary by the state
board of regents.
(d) (1) While participating in the AO-K to work program, qualified
students shall be provided reasonable access to all available student
resources of the adult education program, the participating technical or
community college and the appropriate community partners, including, but
not limited to, appropriate academic support, barrier mitigation and,
employment or career assistance, books, tools and personal materials
required to participate in an AO-K career pathway program and industry
examinations.
(2) Subject to appropriations, financial assistance for books, tools,
personal materials and industry examinations shall be the aggregate
amount of the cost of books, tools, personal materials and industry
examinations for the career pathway program at the technical college or
community college where such student is enrolled and receiving assistance
minus the aggregate amount of all other aid awarded to such student. The
amount of financial assistance provided for each student shall not exceed
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2060 6
$500.
(e) Each application to the state board of regents for issuance or
duplication of a Kansas high school equivalency credential shall be
accompanied by a fee, which shall be established by the state board of
regents in an amount of not more than $25. On or before June 1 of each
year, the state board of regents shall determine the amount of revenue that
will be required to properly administer the provisions of this section during
the next ensuing fiscal year and shall establish the Kansas high school
equivalency credentials processing fee for such year in the amount deemed
necessary for such purposes. Such fee shall become effective on the
succeeding July 1 of each year. The state board of regents shall remit all
moneys received by or for it from Kansas high school equivalency
credentials processing fees to the state treasurer in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
each such remittance, the state treasurer shall deposit the entire amount in
the state treasury to the credit of the Kansas high school equivalency
credential processing fees fund, which fund is hereby established in the
state treasury, and shall be used only for the payment of expenses
connected with the processing, issuance, or duplication of Kansas high
school equivalency credentials, and for the keeping of records by the state
board of regents. All expenditures from the Kansas high school
equivalency credential processing fees fund shall be made in accordance
with appropriation acts upon warrants of the director of accounts and
reports issued pursuant to vouchers approved by the state board of regents
or by a person or persons designated by the state board.
(f) The state board of regents may adopt rules and regulations to
implement and administer the provisions of this act.
Sec. 3. On and after July 1, 2023, K.S.A. 74-32,434 is hereby
amended to read as follows: 74-32,434. (a) (1) Any eligible postsecondary
educational institution may certify to the board of regents:
(A) The number of individuals who received a general educational
development (GED) or high school equivalency (HSE) credential from
such institution while enrolled in an eligible career technical education
program;
(B) the number of individuals who received a career technical
education credential from such institution; and
(C) the number of individuals who were enrolled in an eligible career
technical education program at such institution and who are pursuing a
general educational development (GED) or high school equivalency (HSE)
credential.
(2) Certifications submitted pursuant to this subsection shall be
submitted in such form and manner as prescribed by the board of regents,
and shall include such other information as required by the board of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2060 7
regents.
(b) Each fiscal year, upon receipt of a certification submitted under
subsection (a), the board of regents shall authorize payment to such
eligible postsecondary educational institution from the postsecondary
education performance-based incentives fund. The amount of any such
payment shall be calculated based on the following:
(1) For each individual who has received a general educational
development (GED) or high school equivalency (HSE) credential, $500;
(2) for each individual who has received a career technical education
credential, $1,000; and
(3) for each individual enrolled in an eligible career technical
education program who is pursuing a general educational development
(GED) or high school equivalency (HSE) credential, $170.
(c) That portion of any payment from the postsecondary education
performance-based incentives fund that is made based on subsection (b)(2)
shall be expended for scholarships for individuals enrolled in an eligible
career technical education program and operating costs of eligible career
technical education programs. Each eligible postsecondary educational
institution shall prepare and submit a report to the board of regents which
shall include that includes the number of individuals who received
scholarships, the aggregate amount of moneys expended for such
scholarships and the number of those individuals who received a
scholarship that also received a career technical education credential.
(d) (1) Of that portion of any payment from the postsecondary
education performance-based incentives fund that is made based on
subsection (b)(3), an amount equal to $150 for each individual shall be
expended by the eligible postsecondary educational institution for the
general educational development (GED) test.
(2) If any individual enrolled in an eligible career technical education
program for which an eligible postsecondary educational institution has
received a payment under this section fails to take the general educational
development (GED) test, then such institution shall notify the board of
regents in writing that no such test was administered to the individual. For
each such notification received, the board of regents shall deduct an
amount equal to $150 from such institution's subsequent incentive
payment.
(e) All payments authorized by the board of regents pursuant to this
section shall be subject to the limits of appropriations made for such
purposes. If there are insufficient appropriations for the board of regents to
authorize payments in accordance with the amounts set forth in subsection
(b), the board of regents shall prorate such amounts in accordance with
appropriations made therefor.
(f) There is hereby created the postsecondary education performance-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2060 8
based incentives fund. Expenditures from the postsecondary education
performance-based incentives fund shall be for the sole purpose of paying
payments to eligible postsecondary educational institutions as authorized
by the board of regents. All expenditures from the postsecondary education
performance-based incentives fund shall be made in accordance with
appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the president of the board of
regents, or the president's designee.
(g) As used in this section:
(1) "Board of regents" means the state board of regents provided for
in the constitution of this state and established by K.S.A. 74-3202a, and
amendments thereto.
(2) "Career technical education credential" means any industry-
recognized technical certification or credential, other than a general
educational development (GED) or high school equivalency (HSE)
credential, or any technical certification or credential authorized by a state
agency.
(3) "Eligible career technical education program" means a program
operated by one or more eligible postsecondary educational institutions
that is identified by the board of regents as a program that allows an
enrollee to obtain a general educational development (GED) or high
school equivalency (HSE) credential while pursuing a career technical
education credential.
(4) "Eligible postsecondary educational institution" means any
community college, technical college or the institute of technology at
Washburn university.
(5) "State agency" means any state office, department, board,
commission, institution, bureau or any other state authority.
Sec. 4. K.S.A. 8-272 is hereby repealed.
Sec. 5. On and after July 1, 2023, K.S.A. 74-32,434 and K.S.A. 2022
Supp. 74-32,267 are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the Kansas register.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33