KS
Kansas House Bill HB2650

Kansas 2023-2024 Regular Session

Kansas House Bill HB2650 Compare Versions

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11 Session of 2024
22 HOUSE BILL No. 2650
33 By Committee on K-12 Education Budget
44 Requested by Representative Goetz
55 1-31
66 AN ACT concerning education; relating to school districts; requiring each
77 school district to submit annually to the state board of education an at-
88 risk student accountability plan and show longitudinal academic
99 improvement in certain student subgroups and students identified as
1010 eligible for at-risk programs and services; revising the definition of
1111 evidence-based instruction relating to the provision of at-risk programs
1212 and services; removing the requirement that the state board of
1313 education approve and publish a list of evidence-based at-risk
1414 educational programs; requiring the state board of education to publish
1515 an online guidance resource for at-risk educational programs;
1616 prohibiting the state board of education from revising curriculum
1717 standards in English language arts and mathematics until 75% of all
1818 students achieve academic proficiency; requiring school districts to be
1919 in compliance with all state laws and rules and regulations to maintain
2020 accreditation; amending K.S.A. 2023 Supp. 72-5153 and 72-5170 and
2121 repealing the existing sections.
2222 Be it enacted by the Legislature of the State of Kansas:
2323 New Section 1. (a) Commencing in school year 2024-2025, each
2424 school district board of education shall submit annually to the state board
2525 of education an at-risk student accountability plan to attain at-risk student
2626 proficiency in accordance with this section and to ensure the provision of
2727 programs and services that are above and beyond regular education
2828 services to students who are eligible for at-risk programs and services.
2929 Such plan shall be submitted to the state board of education on a form and
3030 in the manner required by the state board. The purpose of each school
3131 district's at-risk student accountability plan shall be to:
3232 (1) Demonstrate that the school district is using evidenced-based
3333 instruction, as defined in K.S.A. 72-5153, and amendments thereto, for the
3434 education of students who are identified as eligible for at-risk programs
3535 and services;
3636 (2) measure longitudinal academic improvement in a quantitative
3737 manner;
3838 (3) establish quantitative student academic improvement goals, meet
3939 such goals and revise such goals until all school districts meet the state
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7575 board of education's goal to have 75% of all students achieve proficiency
7676 by scoring at a level 3 or 4 on the state assessments for English language
7777 arts and mathematics by 2030; and
7878 (4) ensure that at-risk education fund moneys are expended in
7979 accordance with the law by providing services above and beyond regular
8080 education services.
8181 (b) Each at-risk student accountability plan shall identify not less than
8282 one subgroup of students who are enrolled and attending grade three in the
8383 school year that such subgroup is required to be identified and not less
8484 than one subgroup of students enrolled in and attending grade four in the
8585 school year that such subgroup is required to be identified. Except as
8686 provided in this subsection, one of the student subgroups identified by the
8787 school district for either such grade level shall be the students who are
8888 eligible for free meals pursuant to the national school lunch program. For
8989 the other grade level, the school district shall identify any other student
9090 subgroup used for state assessment purposes or shall identify a group of
9191 students who are identified as eligible to receive at-risk educational
9292 programs and services pursuant to the same at-risk identification criteria
9393 established pursuant to K.S.A. 72-5153a, and amendments thereto. A
9494 school district shall not identify a subgroup of students pursuant to this
9595 subsection if such subgroup is comprised of 10 or fewer students. If both
9696 subgroups of students who are eligible for free meals are comprised of 10
9797 or fewer students, the school district shall identify another subgroup
9898 pursuant to this subsection.
9999 (c) Each school district board of education shall establish a four-year
100100 quantitative academic improvement goal for each chosen student
101101 subgroup. The academic improvement goal established pursuant to this
102102 section shall be related to achievement of academic proficiency in the
103103 areas of English language arts and mathematics. A school district board of
104104 education shall use state assessment scores and may use one additional
105105 quantitative assessment tool chosen by the school district to evaluate
106106 whether such student subgroups are achieving at a level that is sufficient to
107107 meet or exceed the quantitative academic improvement goal established
108108 for each such student subgroup. Any additional assessment tool chosen by
109109 the school district to measure quantitative student achievement shall be
110110 specified on the school district's at-risk student accountability plan which
111111 is intended to ensure the provision of programs and services that are above
112112 and beyond regular education services to students who qualify for at-risk
113113 programs and services. Once a school district establishes a four-year
114114 quantitative academic improvement goal for a subgroup on the school
115115 district's at-risk accountability plan, the school district shall not revise or
116116 revoke such goal for such subgroup in order to meet or exceed such goal.
117117 (d) Each school district board of education shall conduct a four-year
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161161 longitudinal academic evaluation of each student subgroup identified on
162162 the school district's at-risk student accountability plan to evaluate whether
163163 such students improved upon attainment of academic proficiency and met
164164 or exceeded the quantitative academic improvement goal established by
165165 the school district board of education.
166166 (e) If the identified student subgroup meets or exceeds the
167167 quantitative academic improvement goal established for such student
168168 subgroup at the end of the four-year period, the school district board of
169169 education shall repeat the process established pursuant to this section by
170170 identifying another student subgroup, establishing a four-year quantitative
171171 academic improvement goal for such subgroup and conducting a four-year
172172 longitudinal academic evaluation of such subgroup in accordance with this
173173 section.
174174 (f) If the identified student subgroup does not meet or exceed the
175175 quantitative academic improvement goal established for such subgroup at
176176 the end of the four-year period:
177177 (1) The state board of education shall deem such school district as not
178178 meeting at-risk improvement requirements on the school district's at-risk
179179 student achievement report published on the state board's website pursuant
180180 to subsection (k) until such school district meets the quantitative academic
181181 improvement goal established by the school district board of education for
182182 the subsequent subgroup identified pursuant to subsection (b) that replaces
183183 the subgroup that did not meet or exceed the four-year longitudinal
184184 academic improvement goal; and
185185 (2) the school district board of education shall continue to evaluate
186186 the longitudinal academic performance of such student subgroup for one
187187 additional school year.
188188 (g) If, at the end of the one additional school year authorized pursuant
189189 to subsection (f)(2) the identified student subgroup:
190190 (1) Meets or exceeds the quantitative academic improvement goal
191191 established by the school district board of education, then the school
192192 district board of education shall repeat the process established pursuant to
193193 this section for another student subgroup by identifying another student
194194 subgroup, establishing a four-year quantitative academic improvement
195195 goal for such subgroup and conducting a four-year longitudinal academic
196196 evaluation of such subgroup in accordance with this section; or
197197 (2) does not meet or exceed the quantitative academic improvement
198198 goal established by the school district board of education at the end of such
199199 additional school year, then the school district board of education shall
200200 continue to make efforts for such student subgroup to meet or exceed the
201201 quantitative academic improvement goal established for such student
202202 subgroup in each school year following such additional school year until
203203 such subgroup meets or exceeds the quantitative academic improvement
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247247 goal established by the school district board of education and the school
248248 district board of education shall repeat the process established pursuant to
249249 this section for another student subgroup by identifying another student
250250 subgroup, establishing a four-year quantitative academic improvement
251251 goal for such subgroup and conducting a four-year longitudinal academic
252252 evaluation of such subgroup in accordance with this section.
253253 (h) (1) Notwithstanding the provisions of K.S.A. 72-5131 et seq., and
254254 amendments thereto, the school district's at-risk student weighting
255255 entitlement in the school year following the school year in which the
256256 school district failed to meet or exceed a four-year quantitative academic
257257 improvement goal for either subgroup identified pursuant to this section
258258 shall be determined and adjusted by the state board as follows:
259259 (A) If only one student subgroup identified on the school district's at-
260260 risk accountability plan fails to meet or exceed the quantitative academic
261261 improvement goal established by the school district board of education, the
262262 state board of education shall:
263263 (i) Determine the BASE aid amount that was in effect in the final
264264 year of the four-year evaluation period of such subgroup;
265265 (ii) determine the difference between the BASE aid amount in the
266266 current school year pursuant to K.S.A. 72-5132, and amendments thereto,
267267 and the BASE aid amount determined pursuant to subsection (h)(1)(A)(i);
268268 (iii) multiply the amount determined pursuant to subsection (h)(1)(A)
269269 (ii) by 0.50;
270270 (iv) add the amount determined pursuant to subsection (h)(1)(A)(i) to
271271 the amount determined pursuant to subsection (h)(1)(A)(iii); and
272272 (v) multiply the sum determined pursuant to subsection (h)(1)(A)(iv)
273273 by the school district's at-risk student weighting determined pursuant to
274274 K.S.A. 72-5153, and amendments thereto. The computed amount is the
275275 amount of state aid attributable to the at-risk student weighting that the
276276 school district shall be entitled to receive in the current school year; or
277277 (B) if both student subgroups identified on the school district's at-risk
278278 accountability plan fail to meet or exceed the quantitative academic
279279 improvement goals established by the school district board of education,
280280 the state board of education shall:
281281 (i) Determine the BASE aid amount that was in effect in the final
282282 year of the four-year evaluation period of such subgroups; and
283283 (ii) multiply the amount determined pursuant to subsection (h)(1)(B)
284284 (i) by the school district's at-risk student weighting determined pursuant to
285285 K.S.A. 72-5153, and amendments thereto. The computed amount is the
286286 amount of state aid attributable to the at-risk student weighting that the
287287 school district shall be entitled to receive in the current school year;
288288 (2) the state board of education shall determine a school district's at-
289289 risk student weighting entitlement pursuant to this subsection for the
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333333 school year following the year in which the subgroup identified on the
334334 school district's at-risk accountability plan fails to meet or exceed the four-
335335 year quantitative academic improvement goal established by the school
336336 district board of education; and
337337 (3) the school district shall repeat the process established pursuant to
338338 this section by identifying another student subgroup, establishing a four-
339339 year quantitative academic improvement goal for such subgroup and
340340 conducting a four-year longitudinal academic evaluation of such subgroup
341341 in accordance with this section.
342342 (i) Each school district board of education shall continue to follow the
343343 school district's at-risk student accountability plan and update the plan
344344 annually or as may be necessary to repeat the process established pursuant
345345 to this section by every four or five years by identifying another student
346346 subgroup, establishing a four-year quantitative academic improvement
347347 goal for such subgroup and conducting a four-year longitudinal academic
348348 evaluation of such subgroup in accordance with this section. Such process
349349 shall continue until 75% of all students enrolled in school districts who
350350 took the statewide assessments during the preceding school year achieve
351351 academic proficiency by scoring at level 3 or 4 on the statewide
352352 assessments in both English language arts and mathematics.
353353 (j) (1) Each school district board of education shall submit annually
354354 to the state board of education an at-risk student achievement report in a
355355 form and in the manner established by the state board that includes:
356356 (A) The school district's at-risk student accountability plan to attain
357357 student proficiency established in accordance with this section that
358358 includes the subgroups chosen by the board of education of the school
359359 district and the quantitative academic improvement goals established for
360360 such subgroups;
361361 (B) an update on the current progress of the school district's plan to
362362 attain at-risk student proficiency and an estimation of whether the school
363363 district expects to meet or exceed the longitudinal academic improvement
364364 goals established by the school district board of education pursuant to this
365365 section;
366366 (C) the at-risk programs, services and resources and the provisional
367367 at-risk educational programs that the school district is using to support
368368 student achievement for students identified as eligible to receive at-risk
369369 program services;
370370 (D) the number of students identified as eligible to receive at-risk or
371371 provisional at-risk educational program services who were served or
372372 provided assistance under the district's approved at-risk program;
373373 (E) the data and research the school district utilized to determine what
374374 programs and services are needed to implement the district's approved at-
375375 risk program; and
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419419 (F) any other information required by the state board.
420420 (2) Each school district shall track and report annually the
421421 longitudinal performance of students that are continuously receiving at-
422422 risk programs and services in the district's approved at-risk program and, if
423423 applicable, shall include data regarding state assessment scores, Kansas
424424 English language proficiency assessment results, four-year graduation
425425 rates, progress monitoring, norm-referenced test results, criterion-based
426426 test results, individualized education program goals, attendance and
427427 average ACT composite scores.
428428 (3) To achieve uniform reporting of the number of students who are
429429 provided at-risk programs and services above and beyond that of a regular
430430 education, school districts shall report the information required pursuant
431431 to this subsection in a uniform manner required by the state board.
432432 (k) The state board of education shall publish the plans and reports
433433 submitted by school districts on the state board of education's website
434434 through the link on the state department of education's website homepage
435435 titled "accountability reports" with such reports published under a link
436436 titled "school district at-risk student accountability plans and reports."
437437 Each school district board of education shall publish the school district's
438438 report on the school district's website and provide a link to the state
439439 department of education's website where all such reports are displayed.
440440 (l) On or before January 31 each year, the state department of
441441 education shall prepare and present a summary of the reports submitted
442442 pursuant to subsection (j) to the house of representatives standing
443443 committee on K-12 education budget and the senate standing committee
444444 on education.
445445 (m) As used in this section, "longitudinal" means the repeated
446446 examination and progress monitoring of the same individuals of a
447447 particular cohort group of students over a period of time.
448448 Sec. 2. K.S.A. 2023 Supp. 72-5153 is hereby amended to read as
449449 follows: 72-5153. (a) There is hereby established in every school district
450450 an at-risk education fund that shall consist of all moneys deposited therein
451451 or transferred thereto according to law. The expenses of a school district
452452 directly attributable to providing at-risk student assistance or programs
453453 shall be paid from the at-risk education fund.
454454 (b) Any balance remaining in the at-risk education fund at the end of
455455 the budget year shall be carried forward into the at-risk education fund for
456456 succeeding budget years. Such fund shall not be subject to the provisions
457457 of K.S.A. 79-2925 through 79-2937, and amendments thereto. In preparing
458458 the budget of such school district, the amounts credited to and the amount
459459 on hand in the at-risk education fund, and the amount expended therefrom
460460 shall be included in the annual budget for the information of the residents
461461 of the school district. Interest earned on the investment of moneys in any
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505505 such fund shall be credited to that fund.
506506 (c) Expenditures from the at-risk education fund of a school district
507507 shall only be made for the following purposes:
508508 (1) At-risk and provisional at-risk educational programs that are
509509 provided above and beyond regular educational services to students who
510510 are identified as at-risk;
511511 (2) personnel providing educational services in conjunction with such
512512 programs;
513513 (3) support for instructional classroom personnel designed to provide
514514 training for evidence-based best practices for at-risk educational programs;
515515 or
516516 (4) services contracted for by the school district to provide such at-
517517 risk and provisional at-risk educational programs.
518518 (d) (1) The state board shall identify and approve evidence-based best
519519 practices for provide an online at-risk best practices resource list of at-risk
520520 educational programs and services that demonstrate best practices and
521521 provide evidence-based instruction of students receiving at-risk program
522522 services that have been or are currently being used by school districts to
523523 provide at-risk programs and services to students above and beyond that
524524 of a regular education. Such best practices at-risk best practices resource
525525 list shall include, but not be limited to, programs and services provided by
526526 state-based national nonprofit organizations that:
527527 (A) Focus on students who are identified as students eligible to
528528 receive at-risk program services or who face other identifiable barriers to
529529 success;
530530 (B) provide evidence-based instruction and support services to such
531531 students inside and outside the school setting; and
532532 (C) evaluate outcomes data for students, including, but not limited to,
533533 school attendance, academic progress, graduation rates, pursuit of
534534 postsecondary education or career advancement.
535535 (2) The state board shall review and update such best practices online
536536 at-risk best practices resource list as necessary and as part of its five-year
537537 accreditation system review process.
538538 (3) The state board shall provide a list of approved at-risk educational
539539 programs to each school district. The department shall publish the such at-
540540 risk best practices resource list on the department's website with a link to
541541 such at-risk best practices resource list prominently displayed on the
542542 department's website homepage.
543543 (4) (A)(3) No expenditure shall be made from a school district's at-
544544 risk education fund for any program or service that is not included on the
545545 list of approved at-risk educational programs, unless such program is a
546546 provisional at-risk educational program authorized pursuant to subsection
547547 (c).
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591591 (B) Expenditures shall only be made for a provisional at-risk
592592 educational program for a period not to exceed three years after
593593 implementation of such provisional at-risk educational program by a
594594 school district. The state board shall review any such provisional at-risk
595595 educational program, and if such program satisfies the state board's
596596 requirements as an evidence-based best practice, then such program shall
597597 be included in the list of approved at-risk educational programs.
598598 (5)(4) The purpose of at-risk and provisionalSchool districts shall
599599 provide at-risk educational programs and services is to provide students
600600 identified as eligible to receive at-risk programs and services with
601601 additional educational opportunities, interventions and evidence-based
602602 instructional services above and beyond regular educational services.
603603 (6)(5) Delivery of at-risk and provisional at-risk programs or services
604604 by a school district may include, but shall not be limited to, the following:
605605 (A) Extended school year;
606606 (B) before-school programs and services;
607607 (C) after-school programs and services;
608608 (D) summer school;
609609 (E) extra support within a class;
610610 (F) tutorial assistance; and
611611 (G) class within a class.
612612 (e) Each year the board of education of each school district shall
613613 prepare and submit to the state board a report on the at-risk and provisional
614614 at-risk educational programs provided by the school district for students
615615 identified as eligible to receive at-risk program services. Such report shall
616616 include:
617617 (1) The number of students identified as eligible to receive at-risk or
618618 provisional at-risk educational program services who were served or
619619 provided assistance;
620620 (2) the type of at-risk and provisional at-risk educational programs
621621 and services provided, including the number of students provided
622622 assistance under the district's approved at-risk program;
623623 (3) the data and research the school district utilized in determining
624624 what programs and services were needed to implement the approved at-
625625 risk program;
626626 (4) the district shall track and report the longitudinal performance of
627627 students that are continuously receiving at-risk programs and services in
628628 the district's approved at-risk program and, if applicable, shall include data
629629 regarding state assessment scores, Kansas English language proficiency
630630 assessment results, four-year graduation rates, progress monitoring, norm-
631631 referenced test results, criterion-based test results, individualized education
632632 program goals, attendance and average ACT composite scores; and
633633 (5) any other information required by the state board.
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677677 (f) In order to achieve uniform reporting of the number of students
678678 provided service or assistance by school districts in at-risk student
679679 programs, school districts shall report the number of students served or
680680 assisted in the manner required by the state board.
681681 (g) As used in this section:
682682 (1) "At-risk educational program" means an at-risk program or
683683 service that is identified and approved by the state board as an offers
684684 evidence-based best practice pursuant to subsection (d) instruction that is
685685 provided to students above and beyond regular educational services;
686686 (2) "evidence-based instruction" means an education delivery system
687687 based on peer-reviewed research that consistently produces better student
688688 outcomes over a five-year period than would otherwise be achieved by the
689689 same students who are receiving at-risk program services; and
690690 (3) "provisional at-risk educational program" means an evidence-
691691 based at-risk educational program or service identified or developed by a
692692 school district as producing or likely to produce measurable success that
693693 has been submitted to the state board for review pursuant to subsection
694694 (d), method or best practice that has shown or is likely to show that such
695695 instruction will produce better student outcomes through four or more
696696 years of longitudinal results at a school district as evidenced through
697697 school district at-risk accountability plans and reports submitted pursuant
698698 to section 1, and amendments thereto.
699699 Sec. 3. K.S.A. 2023 Supp. 72-5170 is hereby amended to read as
700700 follows: 72-5170. (a) (1) In order to accomplish the mission for Kansas
701701 education, the state board shall design and adopt a school district
702702 accreditation system based upon improvement in performance that equals
703703 or exceeds the educational goal set forth in K.S.A. 72-3218(c), and
704704 amendments thereto, and is measurable. The state board shall hold all
705705 school districts accountable through the Kansas education systems
706706 accreditation rules and regulations, or any successor accreditation system
707707 and accountability plan adopted by the state board. The state board also
708708 shall ensure that all school districts and the public schools operated by
709709 such districts have programs and initiatives in place for providing those
710710 educational capacities set forth in K.S.A. 72-3218(c), and amendments
711711 thereto. On or before January 15 of each year, the state board shall prepare
712712 and submit a report on the school district accreditation system to the
713713 governor and the legislature.
714714 (2) The accountability measures established pursuant to paragraph (1)
715715 shall be applied both at the district level and at the school level. Such
716716 accountability measures shall be reported by the state board for each
717717 school district and each school. All reports prepared pursuant to this
718718 section shall be published in accordance with K.S.A. 2023 Supp. 72-1181,
719719 and amendments thereto.
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763763 (3) As required by the state board pursuant to K.A.R. 91-31-31 et
764764 seq., as in effect on July 1, 2024, for a school district to be and remain
765765 accredited pursuant to the state board's accreditation system the school
766766 district shall be in compliance with or working with the state board to
767767 achieve compliance with all applicable federal and state statutes and rules
768768 and regulations.
769769 (4) If a school district is not fully accredited and a corrective action
770770 plan is required by the state board, such corrective action plan, and any
771771 subsequent reports prepared by the state board regarding the progress of
772772 such school district in implementing and executing such corrective action
773773 plan, shall be published on the state department of education's internet
774774 website and such school district's internet website in accordance with
775775 K.S.A. 2023 Supp. 72-1181, and amendments thereto.
776776 (4)(5) If a school district is not accredited, the superintendent, or the
777777 superintendent's designee, shall appear before the committee on education
778778 of the house of representatives and the committee on education of the
779779 senate during the regular legislative session that occurs during the same
780780 school year in which when such school district is not accredited. Such
781781 school district shall provide a report to such committees on the challenges
782782 and obstacles that are preventing such school district from becoming
783783 accredited.
784784 (b) The state board shall establish curriculum standards that reflect
785785 high academic standards for the core academic areas of mathematics,
786786 science, reading, writing and social studies. The curriculum standards shall
787787 may be reviewed at least every seven years. The state board shall not
788788 revise or update the English language arts or mathematics curriculum
789789 standards that are in effect on July 1, 2024, until the state board's long-
790790 term goal for all students submitted to the United States department of
791791 education in the consolidated state plan is achieved such that 75% of all
792792 students score in performance levels 3 and 4 combined on the statewide
793793 assessments in English language arts and mathematics by 2030. Nothing
794794 in this subsection shall be construed in any manner so as to impinge upon
795795 any school district's authority to determine its own curriculum.
796796 (c) The state board shall provide for statewide assessments in the core
797797 academic areas of mathematics, science, reading, writing and social
798798 studies. The board shall ensure compatibility between the statewide
799799 assessments and the curriculum standards established pursuant to
800800 subsection (b). Such assessments shall be administered at three grade
801801 levels, as determined by the state board. The state board shall determine
802802 performance levels on the statewide assessments, the achievement of
803803 which represents high academic standards in the academic area at the
804804 grade level to which the assessment applies. The state board should specify
805805 high academic standards both for individual performance and school
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849849 performance on the assessments.
850850 (d) Each school year, on such date as specified by the state board,
851851 each school district shall submit the Kansas education system accreditation
852852 report to the state board in such form and manner as prescribed by the state
853853 board.
854854 (e) Whenever the state board determines that a school district has
855855 failed either to meet the accreditation requirements established by rules
856856 and regulations or standards adopted by the state board or provide
857857 curriculum based on state standards and courses required by state law, the
858858 state board shall so notify the school district. Such notice shall specify the
859859 accreditation requirements that the school district has failed to meet and
860860 the curriculum that it has failed to provide. Upon receipt of such notice,
861861 the board of education of such school district is encouraged to reallocate
862862 the resources of the school district to remedy all deficiencies identified by
863863 the state board.
864864 (f) Each school in every school district shall establish a school site
865865 council composed of the principal and representatives of teachers and
866866 other school personnel, parents of students attending the school, the
867867 business community and other community groups. School site councils
868868 shall be responsible for providing advice and counsel in evaluating state,
869869 school district, and school site performance goals and objectives and in
870870 determining the methods that should be employed at the school site to
871871 meet these goals and objectives. Site councils may make recommendations
872872 and proposals to the school board regarding budgetary items and school
873873 district matters, including, but not limited to, identifying and implementing
874874 the best practices for developing efficient and effective administrative and
875875 management functions. Site councils also may help school boards analyze
876876 the unique environment of schools, enhance the efficiency and maximize
877877 limited resources, including outsourcing arrangements and cooperative
878878 opportunities as a means to address limited budgets.
879879 Sec. 4. K.S.A. 2023 Supp. 72-5153 and 72-5170 are hereby repealed.
880880 Sec. 5. This act shall take effect and be in force from and after its
881881 publication in the statute book.
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