Session of 2024
HOUSE BILL No. 2650
By Committee on K-12 Education Budget
Requested by Representative Goetz
1-31
AN ACT concerning education; relating to school districts; requiring each
school district to submit annually to the state board of education an at-
risk student accountability plan and show longitudinal academic
improvement in certain student subgroups and students identified as
eligible for at-risk programs and services; revising the definition of
evidence-based instruction relating to the provision of at-risk programs
and services; removing the requirement that the state board of
education approve and publish a list of evidence-based at-risk
educational programs; requiring the state board of education to publish
an online guidance resource for at-risk educational programs;
prohibiting the state board of education from revising curriculum
standards in English language arts and mathematics until 75% of all
students achieve academic proficiency; requiring school districts to be
in compliance with all state laws and rules and regulations to maintain
accreditation; amending K.S.A. 2023 Supp. 72-5153 and 72-5170 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Commencing in school year 2024-2025, each
school district board of education shall submit annually to the state board
of education an at-risk student accountability plan to attain at-risk student
proficiency in accordance with this section and to ensure the provision of
programs and services that are above and beyond regular education
services to students who are eligible for at-risk programs and services.
Such plan shall be submitted to the state board of education on a form and
in the manner required by the state board. The purpose of each school
district's at-risk student accountability plan shall be to:
(1) Demonstrate that the school district is using evidenced-based
instruction, as defined in K.S.A. 72-5153, and amendments thereto, for the
education of students who are identified as eligible for at-risk programs
and services;
(2) measure longitudinal academic improvement in a quantitative
manner;
(3) establish quantitative student academic improvement goals, meet
such goals and revise such goals until all school districts meet the state
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board of education's goal to have 75% of all students achieve proficiency
by scoring at a level 3 or 4 on the state assessments for English language
arts and mathematics by 2030; and
(4) ensure that at-risk education fund moneys are expended in
accordance with the law by providing services above and beyond regular
education services.
(b) Each at-risk student accountability plan shall identify not less than
one subgroup of students who are enrolled and attending grade three in the
school year that such subgroup is required to be identified and not less
than one subgroup of students enrolled in and attending grade four in the
school year that such subgroup is required to be identified. Except as
provided in this subsection, one of the student subgroups identified by the
school district for either such grade level shall be the students who are
eligible for free meals pursuant to the national school lunch program. For
the other grade level, the school district shall identify any other student
subgroup used for state assessment purposes or shall identify a group of
students who are identified as eligible to receive at-risk educational
programs and services pursuant to the same at-risk identification criteria
established pursuant to K.S.A. 72-5153a, and amendments thereto. A
school district shall not identify a subgroup of students pursuant to this
subsection if such subgroup is comprised of 10 or fewer students. If both
subgroups of students who are eligible for free meals are comprised of 10
or fewer students, the school district shall identify another subgroup
pursuant to this subsection.
(c) Each school district board of education shall establish a four-year
quantitative academic improvement goal for each chosen student
subgroup. The academic improvement goal established pursuant to this
section shall be related to achievement of academic proficiency in the
areas of English language arts and mathematics. A school district board of
education shall use state assessment scores and may use one additional
quantitative assessment tool chosen by the school district to evaluate
whether such student subgroups are achieving at a level that is sufficient to
meet or exceed the quantitative academic improvement goal established
for each such student subgroup. Any additional assessment tool chosen by
the school district to measure quantitative student achievement shall be
specified on the school district's at-risk student accountability plan which
is intended to ensure the provision of programs and services that are above
and beyond regular education services to students who qualify for at-risk
programs and services. Once a school district establishes a four-year
quantitative academic improvement goal for a subgroup on the school
district's at-risk accountability plan, the school district shall not revise or
revoke such goal for such subgroup in order to meet or exceed such goal.
(d) Each school district board of education shall conduct a four-year
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longitudinal academic evaluation of each student subgroup identified on
the school district's at-risk student accountability plan to evaluate whether
such students improved upon attainment of academic proficiency and met
or exceeded the quantitative academic improvement goal established by
the school district board of education.
(e) If the identified student subgroup meets or exceeds the
quantitative academic improvement goal established for such student
subgroup at the end of the four-year period, the school district board of
education shall repeat the process established pursuant to this section by
identifying another student subgroup, establishing a four-year quantitative
academic improvement goal for such subgroup and conducting a four-year
longitudinal academic evaluation of such subgroup in accordance with this
section.
(f) If the identified student subgroup does not meet or exceed the
quantitative academic improvement goal established for such subgroup at
the end of the four-year period:
(1) The state board of education shall deem such school district as not
meeting at-risk improvement requirements on the school district's at-risk
student achievement report published on the state board's website pursuant
to subsection (k) until such school district meets the quantitative academic
improvement goal established by the school district board of education for
the subsequent subgroup identified pursuant to subsection (b) that replaces
the subgroup that did not meet or exceed the four-year longitudinal
academic improvement goal; and
(2) the school district board of education shall continue to evaluate
the longitudinal academic performance of such student subgroup for one
additional school year.
(g) If, at the end of the one additional school year authorized pursuant
to subsection (f)(2) the identified student subgroup:
(1) Meets or exceeds the quantitative academic improvement goal
established by the school district board of education, then the school
district board of education shall repeat the process established pursuant to
this section for another student subgroup by identifying another student
subgroup, establishing a four-year quantitative academic improvement
goal for such subgroup and conducting a four-year longitudinal academic
evaluation of such subgroup in accordance with this section; or
(2) does not meet or exceed the quantitative academic improvement
goal established by the school district board of education at the end of such
additional school year, then the school district board of education shall
continue to make efforts for such student subgroup to meet or exceed the
quantitative academic improvement goal established for such student
subgroup in each school year following such additional school year until
such subgroup meets or exceeds the quantitative academic improvement
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goal established by the school district board of education and the school
district board of education shall repeat the process established pursuant to
this section for another student subgroup by identifying another student
subgroup, establishing a four-year quantitative academic improvement
goal for such subgroup and conducting a four-year longitudinal academic
evaluation of such subgroup in accordance with this section.
(h) (1) Notwithstanding the provisions of K.S.A. 72-5131 et seq., and
amendments thereto, the school district's at-risk student weighting
entitlement in the school year following the school year in which the
school district failed to meet or exceed a four-year quantitative academic
improvement goal for either subgroup identified pursuant to this section
shall be determined and adjusted by the state board as follows:
(A) If only one student subgroup identified on the school district's at-
risk accountability plan fails to meet or exceed the quantitative academic
improvement goal established by the school district board of education, the
state board of education shall:
(i) Determine the BASE aid amount that was in effect in the final
year of the four-year evaluation period of such subgroup;
(ii) determine the difference between the BASE aid amount in the
current school year pursuant to K.S.A. 72-5132, and amendments thereto,
and the BASE aid amount determined pursuant to subsection (h)(1)(A)(i);
(iii) multiply the amount determined pursuant to subsection (h)(1)(A)
(ii) by 0.50;
(iv) add the amount determined pursuant to subsection (h)(1)(A)(i) to
the amount determined pursuant to subsection (h)(1)(A)(iii); and
(v) multiply the sum determined pursuant to subsection (h)(1)(A)(iv)
by the school district's at-risk student weighting determined pursuant to
K.S.A. 72-5153, and amendments thereto. The computed amount is the
amount of state aid attributable to the at-risk student weighting that the
school district shall be entitled to receive in the current school year; or
(B) if both student subgroups identified on the school district's at-risk
accountability plan fail to meet or exceed the quantitative academic
improvement goals established by the school district board of education,
the state board of education shall:
(i) Determine the BASE aid amount that was in effect in the final
year of the four-year evaluation period of such subgroups; and
(ii) multiply the amount determined pursuant to subsection (h)(1)(B)
(i) by the school district's at-risk student weighting determined pursuant to
K.S.A. 72-5153, and amendments thereto. The computed amount is the
amount of state aid attributable to the at-risk student weighting that the
school district shall be entitled to receive in the current school year;
(2) the state board of education shall determine a school district's at-
risk student weighting entitlement pursuant to this subsection for the
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school year following the year in which the subgroup identified on the
school district's at-risk accountability plan fails to meet or exceed the four-
year quantitative academic improvement goal established by the school
district board of education; and
(3) the school district shall repeat the process established pursuant to
this section by identifying another student subgroup, establishing a four-
year quantitative academic improvement goal for such subgroup and
conducting a four-year longitudinal academic evaluation of such subgroup
in accordance with this section.
(i) Each school district board of education shall continue to follow the
school district's at-risk student accountability plan and update the plan
annually or as may be necessary to repeat the process established pursuant
to this section by every four or five years by identifying another student
subgroup, establishing a four-year quantitative academic improvement
goal for such subgroup and conducting a four-year longitudinal academic
evaluation of such subgroup in accordance with this section. Such process
shall continue until 75% of all students enrolled in school districts who
took the statewide assessments during the preceding school year achieve
academic proficiency by scoring at level 3 or 4 on the statewide
assessments in both English language arts and mathematics.
(j) (1) Each school district board of education shall submit annually
to the state board of education an at-risk student achievement report in a
form and in the manner established by the state board that includes:
(A) The school district's at-risk student accountability plan to attain
student proficiency established in accordance with this section that
includes the subgroups chosen by the board of education of the school
district and the quantitative academic improvement goals established for
such subgroups;
(B) an update on the current progress of the school district's plan to
attain at-risk student proficiency and an estimation of whether the school
district expects to meet or exceed the longitudinal academic improvement
goals established by the school district board of education pursuant to this
section;
(C) the at-risk programs, services and resources and the provisional
at-risk educational programs that the school district is using to support
student achievement for students identified as eligible to receive at-risk
program services;
(D) the number of students identified as eligible to receive at-risk or
provisional at-risk educational program services who were served or
provided assistance under the district's approved at-risk program;
(E) the data and research the school district utilized to determine what
programs and services are needed to implement the district's approved at-
risk program; and
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(F) any other information required by the state board.
(2) Each school district shall track and report annually the
longitudinal performance of students that are continuously receiving at-
risk programs and services in the district's approved at-risk program and, if
applicable, shall include data regarding state assessment scores, Kansas
English language proficiency assessment results, four-year graduation
rates, progress monitoring, norm-referenced test results, criterion-based
test results, individualized education program goals, attendance and
average ACT composite scores.
(3) To achieve uniform reporting of the number of students who are
provided at-risk programs and services above and beyond that of a regular
education, school districts shall report the information required pursuant
to this subsection in a uniform manner required by the state board.
(k) The state board of education shall publish the plans and reports
submitted by school districts on the state board of education's website
through the link on the state department of education's website homepage
titled "accountability reports" with such reports published under a link
titled "school district at-risk student accountability plans and reports."
Each school district board of education shall publish the school district's
report on the school district's website and provide a link to the state
department of education's website where all such reports are displayed.
(l) On or before January 31 each year, the state department of
education shall prepare and present a summary of the reports submitted
pursuant to subsection (j) to the house of representatives standing
committee on K-12 education budget and the senate standing committee
on education.
(m) As used in this section, "longitudinal" means the repeated
examination and progress monitoring of the same individuals of a
particular cohort group of students over a period of time.
Sec. 2. K.S.A. 2023 Supp. 72-5153 is hereby amended to read as
follows: 72-5153. (a) There is hereby established in every school district
an at-risk education fund that shall consist of all moneys deposited therein
or transferred thereto according to law. The expenses of a school district
directly attributable to providing at-risk student assistance or programs
shall be paid from the at-risk education fund.
(b) Any balance remaining in the at-risk education fund at the end of
the budget year shall be carried forward into the at-risk education fund for
succeeding budget years. Such fund shall not be subject to the provisions
of K.S.A. 79-2925 through 79-2937, and amendments thereto. In preparing
the budget of such school district, the amounts credited to and the amount
on hand in the at-risk education fund, and the amount expended therefrom
shall be included in the annual budget for the information of the residents
of the school district. Interest earned on the investment of moneys in any
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such fund shall be credited to that fund.
(c) Expenditures from the at-risk education fund of a school district
shall only be made for the following purposes:
(1) At-risk and provisional at-risk educational programs that are
provided above and beyond regular educational services to students who
are identified as at-risk;
(2) personnel providing educational services in conjunction with such
programs;
(3) support for instructional classroom personnel designed to provide
training for evidence-based best practices for at-risk educational programs;
or
(4) services contracted for by the school district to provide such at-
risk and provisional at-risk educational programs.
(d) (1) The state board shall identify and approve evidence-based best
practices for provide an online at-risk best practices resource list of at-risk
educational programs and services that demonstrate best practices and
provide evidence-based instruction of students receiving at-risk program
services that have been or are currently being used by school districts to
provide at-risk programs and services to students above and beyond that
of a regular education. Such best practices at-risk best practices resource
list shall include, but not be limited to, programs and services provided by
state-based national nonprofit organizations that:
(A) Focus on students who are identified as students eligible to
receive at-risk program services or who face other identifiable barriers to
success;
(B) provide evidence-based instruction and support services to such
students inside and outside the school setting; and
(C) evaluate outcomes data for students, including, but not limited to,
school attendance, academic progress, graduation rates, pursuit of
postsecondary education or career advancement.
(2) The state board shall review and update such best practices online
at-risk best practices resource list as necessary and as part of its five-year
accreditation system review process.
(3) The state board shall provide a list of approved at-risk educational
programs to each school district. The department shall publish the such at-
risk best practices resource list on the department's website with a link to
such at-risk best practices resource list prominently displayed on the
department's website homepage.
(4) (A)(3) No expenditure shall be made from a school district's at-
risk education fund for any program or service that is not included on the
list of approved at-risk educational programs, unless such program is a
provisional at-risk educational program authorized pursuant to subsection
(c).
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(B) Expenditures shall only be made for a provisional at-risk
educational program for a period not to exceed three years after
implementation of such provisional at-risk educational program by a
school district. The state board shall review any such provisional at-risk
educational program, and if such program satisfies the state board's
requirements as an evidence-based best practice, then such program shall
be included in the list of approved at-risk educational programs.
(5)(4) The purpose of at-risk and provisionalSchool districts shall
provide at-risk educational programs and services is to provide students
identified as eligible to receive at-risk programs and services with
additional educational opportunities, interventions and evidence-based
instructional services above and beyond regular educational services.
(6)(5) Delivery of at-risk and provisional at-risk programs or services
by a school district may include, but shall not be limited to, the following:
(A) Extended school year;
(B) before-school programs and services;
(C) after-school programs and services;
(D) summer school;
(E) extra support within a class;
(F) tutorial assistance; and
(G) class within a class.
(e) Each year the board of education of each school district shall
prepare and submit to the state board a report on the at-risk and provisional
at-risk educational programs provided by the school district for students
identified as eligible to receive at-risk program services. Such report shall
include:
(1) The number of students identified as eligible to receive at-risk or
provisional at-risk educational program services who were served or
provided assistance;
(2) the type of at-risk and provisional at-risk educational programs
and services provided, including the number of students provided
assistance under the district's approved at-risk program;
(3) the data and research the school district utilized in determining
what programs and services were needed to implement the approved at-
risk program;
(4) the district shall track and report the longitudinal performance of
students that are continuously receiving at-risk programs and services in
the district's approved at-risk program and, if applicable, shall include data
regarding state assessment scores, Kansas English language proficiency
assessment results, four-year graduation rates, progress monitoring, norm-
referenced test results, criterion-based test results, individualized education
program goals, attendance and average ACT composite scores; and
(5) any other information required by the state board.
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(f) In order to achieve uniform reporting of the number of students
provided service or assistance by school districts in at-risk student
programs, school districts shall report the number of students served or
assisted in the manner required by the state board.
(g) As used in this section:
(1) "At-risk educational program" means an at-risk program or
service that is identified and approved by the state board as an offers
evidence-based best practice pursuant to subsection (d) instruction that is
provided to students above and beyond regular educational services;
(2) "evidence-based instruction" means an education delivery system
based on peer-reviewed research that consistently produces better student
outcomes over a five-year period than would otherwise be achieved by the
same students who are receiving at-risk program services; and
(3) "provisional at-risk educational program" means an evidence-
based at-risk educational program or service identified or developed by a
school district as producing or likely to produce measurable success that
has been submitted to the state board for review pursuant to subsection
(d), method or best practice that has shown or is likely to show that such
instruction will produce better student outcomes through four or more
years of longitudinal results at a school district as evidenced through
school district at-risk accountability plans and reports submitted pursuant
to section 1, and amendments thereto.
Sec. 3. K.S.A. 2023 Supp. 72-5170 is hereby amended to read as
follows: 72-5170. (a) (1) In order to accomplish the mission for Kansas
education, the state board shall design and adopt a school district
accreditation system based upon improvement in performance that equals
or exceeds the educational goal set forth in K.S.A. 72-3218(c), and
amendments thereto, and is measurable. The state board shall hold all
school districts accountable through the Kansas education systems
accreditation rules and regulations, or any successor accreditation system
and accountability plan adopted by the state board. The state board also
shall ensure that all school districts and the public schools operated by
such districts have programs and initiatives in place for providing those
educational capacities set forth in K.S.A. 72-3218(c), and amendments
thereto. On or before January 15 of each year, the state board shall prepare
and submit a report on the school district accreditation system to the
governor and the legislature.
(2) The accountability measures established pursuant to paragraph (1)
shall be applied both at the district level and at the school level. Such
accountability measures shall be reported by the state board for each
school district and each school. All reports prepared pursuant to this
section shall be published in accordance with K.S.A. 2023 Supp. 72-1181,
and amendments thereto.
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(3) As required by the state board pursuant to K.A.R. 91-31-31 et
seq., as in effect on July 1, 2024, for a school district to be and remain
accredited pursuant to the state board's accreditation system the school
district shall be in compliance with or working with the state board to
achieve compliance with all applicable federal and state statutes and rules
and regulations.
(4) If a school district is not fully accredited and a corrective action
plan is required by the state board, such corrective action plan, and any
subsequent reports prepared by the state board regarding the progress of
such school district in implementing and executing such corrective action
plan, shall be published on the state department of education's internet
website and such school district's internet website in accordance with
K.S.A. 2023 Supp. 72-1181, and amendments thereto.
(4)(5) If a school district is not accredited, the superintendent, or the
superintendent's designee, shall appear before the committee on education
of the house of representatives and the committee on education of the
senate during the regular legislative session that occurs during the same
school year in which when such school district is not accredited. Such
school district shall provide a report to such committees on the challenges
and obstacles that are preventing such school district from becoming
accredited.
(b) The state board shall establish curriculum standards that reflect
high academic standards for the core academic areas of mathematics,
science, reading, writing and social studies. The curriculum standards shall
may be reviewed at least every seven years. The state board shall not
revise or update the English language arts or mathematics curriculum
standards that are in effect on July 1, 2024, until the state board's long-
term goal for all students submitted to the United States department of
education in the consolidated state plan is achieved such that 75% of all
students score in performance levels 3 and 4 combined on the statewide
assessments in English language arts and mathematics by 2030. Nothing
in this subsection shall be construed in any manner so as to impinge upon
any school district's authority to determine its own curriculum.
(c) The state board shall provide for statewide assessments in the core
academic areas of mathematics, science, reading, writing and social
studies. The board shall ensure compatibility between the statewide
assessments and the curriculum standards established pursuant to
subsection (b). Such assessments shall be administered at three grade
levels, as determined by the state board. The state board shall determine
performance levels on the statewide assessments, the achievement of
which represents high academic standards in the academic area at the
grade level to which the assessment applies. The state board should specify
high academic standards both for individual performance and school
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performance on the assessments.
(d) Each school year, on such date as specified by the state board,
each school district shall submit the Kansas education system accreditation
report to the state board in such form and manner as prescribed by the state
board.
(e) Whenever the state board determines that a school district has
failed either to meet the accreditation requirements established by rules
and regulations or standards adopted by the state board or provide
curriculum based on state standards and courses required by state law, the
state board shall so notify the school district. Such notice shall specify the
accreditation requirements that the school district has failed to meet and
the curriculum that it has failed to provide. Upon receipt of such notice,
the board of education of such school district is encouraged to reallocate
the resources of the school district to remedy all deficiencies identified by
the state board.
(f) Each school in every school district shall establish a school site
council composed of the principal and representatives of teachers and
other school personnel, parents of students attending the school, the
business community and other community groups. School site councils
shall be responsible for providing advice and counsel in evaluating state,
school district, and school site performance goals and objectives and in
determining the methods that should be employed at the school site to
meet these goals and objectives. Site councils may make recommendations
and proposals to the school board regarding budgetary items and school
district matters, including, but not limited to, identifying and implementing
the best practices for developing efficient and effective administrative and
management functions. Site councils also may help school boards analyze
the unique environment of schools, enhance the efficiency and maximize
limited resources, including outsourcing arrangements and cooperative
opportunities as a means to address limited budgets.
Sec. 4. K.S.A. 2023 Supp. 72-5153 and 72-5170 are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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