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Kansas Senate Bill SB386

Kansas 2023-2024 Regular Session

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11 Session of 2024
22 SENATE BILL No. 386
33 By Committee on Education
44 1-23
55 AN ACT concerning education; relating to the Kansas school equity and
66 enhancement act; requiring school district enrollment to be determined
77 using the current school year or preceding school year enrollment;
88 requiring any school district that closed a school building in the
99 preceding school year to use current school year enrollment; amending
1010 K.S.A. 2023 Supp. 72-5132 and repealing the existing section.
1111 Be it enacted by the Legislature of the State of Kansas:
1212 Section 1. K.S.A. 2023 Supp. 72-5132 is hereby amended to read as
1313 follows: 72-5132. As used in the Kansas school equity and enhancement
1414 act, K.S.A. 72-5131 et seq., and amendments thereto:
1515 (a) "Adjusted enrollment" means the enrollment of a school district,
1616 excluding the remote enrollment determined pursuant to K.S.A. 2023
1717 Supp. 72-5180, and amendments thereto, adjusted by adding the following
1818 weightings, if any, to the enrollment of a school district: At-risk student
1919 weighting; bilingual weighting; career technical education weighting;
2020 high-density at-risk student weighting; high enrollment weighting; low
2121 enrollment weighting; school facilities weighting; ancillary school
2222 facilities weighting; cost-of-living weighting; special education and related
2323 services weighting; and transportation weighting.
2424 (b) "Ancillary school facilities weighting" means an addend
2525 component assigned to the enrollment of school districts pursuant to
2626 K.S.A. 72-5158, and amendments thereto, on the basis of costs attributable
2727 to commencing operation of one or more new school facilities by such
2828 school districts.
2929 (c) (1) "At-risk student" means a student who is eligible for free
3030 meals under the national school lunch act, and who is enrolled in a school
3131 district that maintains an approved at-risk student assistance program.
3232 (2) "At-risk student" does not include any student enrolled in any of
3333 the grades one through 12 who is in attendance less than full time, or any
3434 student who is over 19 years of age. The provisions of this paragraph shall
3535 not apply to any student who has an individualized education program.
3636 (d) "At-risk student weighting" means an addend component assigned
3737 to the enrollment of school districts pursuant to K.S.A. 72-5151(a), and
3838 amendments thereto, on the basis of costs attributable to the maintenance
3939 of at-risk educational programs by such school districts.
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7676 (e) "Base aid for student excellence" or "BASE aid" means an amount
7777 appropriated by the legislature in a fiscal year for the designated year. The
7878 amount of BASE aid shall be as follows:
7979 (1) For school year 2018-2019, $4,165;
8080 (2) for school year 2019-2020, $4,436;
8181 (3) for school year 2020-2021, $4,569;
8282 (4) for school year 2021-2022, $4,706;
8383 (5) for school year 2022-2023, $4,846; and
8484 (6) for school year 2023-2024, and each school year thereafter, the
8585 BASE aid shall be the BASE aid amount for the immediately preceding
8686 school year plus an amount equal to the average percentage increase in the
8787 consumer price index for all urban consumers in the midwest region as
8888 published by the bureau of labor statistics of the United States department
8989 of labor during the three immediately preceding school years rounded to
9090 the nearest whole dollar amount.
9191 (f) "Bilingual weighting" means an addend component assigned to
9292 the enrollment of school districts pursuant to K.S.A. 72-5150, and
9393 amendments thereto, on the basis of costs attributable to the maintenance
9494 of bilingual educational programs by such school districts.
9595 (g) "Board" means the board of education of a school district.
9696 (h) "Budget per student" means the general fund budget of a school
9797 district divided by the enrollment of the school district.
9898 (i) "Categorical fund" means and includes the following funds of a
9999 school district: Adult education fund; adult supplementary education fund;
100100 at-risk education fund; bilingual education fund; career and postsecondary
101101 education fund; driver training fund; educational excellence grant program
102102 fund; extraordinary school program fund; food service fund; parent
103103 education program fund; preschool-aged at-risk education fund;
104104 professional development fund; special education fund; and summer
105105 program fund.
106106 (j) "Cost-of-living weighting" means an addend component assigned
107107 to the enrollment of school districts pursuant to K.S.A. 72-5159, and
108108 amendments thereto, on the basis of costs attributable to the cost of living
109109 in such school districts.
110110 (k) "Current school year" means the school year during which state
111111 foundation aid is determined by the state board under K.S.A. 72-5134, and
112112 amendments thereto.
113113 (l) (1) "Enrollment" means, except as provided in K.S.A. 2023 Supp.
114114 72-5180, and amendments thereto, whichever is the greater of:
115115 (1)(A) The number of students regularly enrolled in kindergarten and
116116 grades one through 12 in the school district on September 20 of the
117117 current school year plus the number of preschool-aged at-risk students
118118 regularly enrolled in the school district on September 20 of the current
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162162 school year;
163163 (B) except as provided in paragraph (4), the number of students
164164 regularly enrolled in kindergarten and grades one through 12 in the school
165165 district on September 20 of the preceding school year plus the number of
166166 preschool-aged at-risk students regularly enrolled in the school district on
167167 September 20 of the current school year, except a student who is a foreign
168168 exchange student shall not be counted unless such student is regularly
169169 enrolled in the school district on September 20 and attending kindergarten
170170 or any of the grades one through 12 maintained by the school district for at
171171 least one semester or two quarters, or the equivalent thereof.
172172 (2) If the enrollment in a school district in the preceding school year
173173 has decreased from enrollment in the second preceding school year, the
174174 enrollment of the school district in the current school year means the sum
175175 of:
176176 (A) the enrollment in the second preceding school year, excluding
177177 students under paragraph (2)(B), minus enrollment in the preceding school
178178 year of preschool-aged at-risk students, if any, plus enrollment in the
179179 current school year of preschool-aged at-risk students, if any; and
180180 (B) the adjusted enrollment in the second preceding school year of
181181 any students participating in the tax credit for low income students
182182 scholarship program pursuant to K.S.A. 72-4351 et seq., and amendments
183183 thereto, in the preceding school year, if any, plus the adjusted enrollment in
184184 the preceding school year of preschool-aged at-risk students who are
185185 participating in the tax credit for low income students scholarship program
186186 pursuant to K.S.A. 72-4351 et seq., and amendments thereto, in the current
187187 school year, if any.; or
188188 (3)(C) for any school district that has a military student, as that term
189189 is defined in K.S.A. 72-5139, and amendments thereto, enrolled in such
190190 district, and that received federal impact aid for the preceding school year,
191191 if the enrollment in such school district in the preceding school year has
192192 decreased from enrollment in the second preceding school year, the
193193 enrollment of the school district in the current school year means
194194 whichever is the greater of:
195195 (A)(i) The enrollment amounts determined under paragraph (2)
196196 subparagraphs (A) or (B); or
197197 (B)(ii) the sum of the enrollment in the preceding school year of the
198198 number of preschool-aged at-risk students regularly enrolled in the school
199199 district on September 20 of the preceding school year, if any, and the
200200 arithmetic mean of the sum of:
201201 (i)(a) The enrollment of the number of students regularly enrolled in
202202 kindergarten and grades one through 12 in the school district in on
203203 September 20 of the preceding school year minus the enrollment in such
204204 school year of preschool-aged at-risk students, if any;
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248248 (ii)(b) the enrollment in the number of students regularly enrolled in
249249 kindergarten and grades one through 12 in the school district on
250250 September 20 of the second preceding school year minus the enrollment in
251251 such school year of preschool-aged at-risk students, if any; and
252252 (iii)(c) the enrollment in the number of students regularly enrolled in
253253 kindergarten and grades one through 12 in the school district on
254254 September 20 of the third preceding school year minus the enrollment in
255255 such school year of preschool-aged at-risk students, if any.
256256 (4)(2) TheWhen enrollment is determined under paragraph (1), (2) or
257257 (3), except if the school district begins to offer kindergarten on a full-time
258258 basis in such school year, students regularly enrolled in kindergarten in the
259259 school district in the preceding school year shall be counted as one student
260260 regardless of actual attendance during such preceding school year.
261261 (3) A foreign exchange student shall not be counted in the enrollment
262262 of a school district unless such student was regularly enrolled on
263263 September 20 and attending kindergarten or any of the grades one
264264 through 12 maintained by the district for at least one semester or two
265265 quarters, or the equivalent thereof.
266266 (4) If a school district closed any school building that was an
267267 attendance center pursuant to K.S.A. 72-1431, and amendments thereto, in
268268 the preceding school year, such school district shall determine enrollment
269269 pursuant to paragraph (1)(A) in the current school year.
270270 (m) "February 20" has its usual meaning, except that in any year in
271271 which February 20 is not a day on which school is maintained, it means
272272 the first day after February 20 on which school is maintained.
273273 (n) "Federal impact aid" means an amount equal to the federally
274274 qualified percentage of the amount of moneys a school district receives in
275275 the current school year under the provisions of title I of public law 874 and
276276 congressional appropriations therefor, excluding amounts received for
277277 assistance in cases of major disaster and amounts received under the low-
278278 rent housing program. The amount of federal impact aid shall be
279279 determined by the state board in accordance with terms and conditions
280280 imposed under the provisions of the public law and rules and regulations
281281 thereunder.
282282 (o) "General fund" means the fund of a school district from which
283283 operating expenses are paid and in which is deposited all amounts of state
284284 foundation aid provided under this act, payments under K.S.A. 72-528,
285285 and amendments thereto, payments of federal funds made available under
286286 the provisions of title I of public law 874, except amounts received for
287287 assistance in cases of major disaster and amounts received under the low-
288288 rent housing program and such other moneys as are provided by law.
289289 (p) "General fund budget" means the amount budgeted for operating
290290 expenses in the general fund of a school district.
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334334 (q) "High-density at-risk student weighting" means an addend
335335 component assigned to the enrollment of school districts pursuant to
336336 K.S.A. 72-5151(b), and amendments thereto, on the basis of costs
337337 attributable to the maintenance of at-risk educational programs by such
338338 school districts.
339339 (r) "High enrollment weighting" means an addend component
340340 assigned to the enrollment of school districts pursuant to K.S.A. 72-
341341 5149(b), and amendments thereto, on the basis of costs attributable to
342342 maintenance of educational programs by such school districts.
343343 (s) "Juvenile detention facility" means the same as such term is
344344 defined in K.S.A. 72-1173, and amendments thereto.
345345 (t) "Local foundation aid" means the sum of the following amounts:
346346 (1) An amount equal to any unexpended and unencumbered balance
347347 remaining in the general fund of the school district, except moneys
348348 received by the school district and authorized to be expended for the
349349 purposes specified in K.S.A. 72-5168, and amendments thereto;
350350 (2) an amount equal to any remaining proceeds from taxes levied
351351 under authority of K.S.A. 72-7056 and 72-7072, prior to their repeal;
352352 (3) an amount equal to the amount deposited in the general fund in
353353 the current school year from moneys received in such school year by the
354354 school district under the provisions of K.S.A. 72-3123(a), and amendments
355355 thereto;
356356 (4) an amount equal to the amount deposited in the general fund in
357357 the current school year from moneys received in such school year by the
358358 school district pursuant to contracts made and entered into under authority
359359 of K.S.A. 72-3125, and amendments thereto;
360360 (5) an amount equal to the amount credited to the general fund in the
361361 current school year from moneys distributed in such school year to the
362362 school district under the provisions of articles 17 and 34 of chapter 12 of
363363 the Kansas Statutes Annotated, and amendments thereto, and under the
364364 provisions of articles 42 and 51 of chapter 79 of the Kansas Statutes
365365 Annotated, and amendments thereto;
366366 (6) an amount equal to the amount of payments received by the
367367 school district under the provisions of K.S.A. 72-3423, and amendments
368368 thereto; and
369369 (7) an amount equal to the amount of any grant received by the
370370 school district under the provisions of K.S.A. 72-3425, and amendments
371371 thereto.
372372 (u) "Low enrollment weighting" means an addend component
373373 assigned to the enrollment of school districts pursuant to K.S.A. 72-
374374 5149(a), and amendments thereto, on the basis of costs attributable to
375375 maintenance of educational programs by such school districts.
376376 (v) "Operating expenses" means the total expenditures and lawful
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420420 transfers from the general fund of a school district during a school year for
421421 all purposes, except expenditures for the purposes specified in K.S.A. 72-
422422 5168, and amendments thereto.
423423 (w) "Preceding school year" means the school year immediately
424424 before the current school year.
425425 (x) "Preschool-aged at-risk student" means an at-risk student who has
426426 attained the age of three years, is under the age of eligibility for attendance
427427 at kindergarten, and has been selected by the state board in accordance
428428 with guidelines governing the selection of students for participation in
429429 head start programs.
430430 (y) "Preschool-aged exceptional children" means exceptional
431431 children, except gifted children, who have attained the age of three years
432432 but are under the age of eligibility for attendance at kindergarten.
433433 "Exceptional children" and "gifted children" mean the same as those terms
434434 are defined in K.S.A. 72-3404, and amendments thereto.
435435 (z) "Psychiatric residential treatment facility" means the same as such
436436 term is defined in K.S.A. 72-1173, and amendments thereto.
437437 (aa) (1) "Remote enrollment" means the number of students regularly
438438 enrolled in kindergarten and grades one through 12 in the school district
439439 who attended school through remote learning in excess of the remote
440440 learning limitations provided in K.S.A. 2023 Supp. 72-5180, and
441441 amendments thereto.
442442 (2) This subsection shall not apply in any school year prior to the
443443 2021-2022 school year.
444444 (bb) (1) "Remote learning" means a method of providing education in
445445 which the student, although regularly enrolled in a school district, does not
446446 physically attend the attendance center such student would otherwise
447447 attend in person on a full-time basis and curriculum and instruction are
448448 prepared, provided and supervised by teachers and staff of such school
449449 district to approximate the student learning experience that would take
450450 place in the attendance center classroom.
451451 (2) "Remote learning" does not include virtual school as such term is
452452 defined in K.S.A. 72-3712, and amendments thereto.
453453 (3) This subsection shall not apply in any school year prior to the
454454 2021-2022 school year.
455455 (cc) "School district" means a school district organized under the
456456 laws of this state that is maintaining public school for a school term in
457457 accordance with the provisions of K.S.A. 72-3115, and amendments
458458 thereto.
459459 (dd) "School facilities weighting" means an addend component
460460 assigned to the enrollment of school districts pursuant to K.S.A. 72-5156,
461461 and amendments thereto, on the basis of costs attributable to commencing
462462 operation of one or more new school facilities by such school districts.
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506506 (ee) "School year" means the 12-month period ending June 30.
507507 (ff) "September 20" has its usual meaning, except that in any year in
508508 which September 20 is not a day on which school is maintained, it means
509509 the first day after September 20 on which school is maintained.
510510 (gg) "Special education and related services weighting" means an
511511 addend component assigned to the enrollment of school districts pursuant
512512 to K.S.A. 72-5157, and amendments thereto, on the basis of costs
513513 attributable to the maintenance of special education and related services by
514514 such school districts.
515515 (hh) "State board" means the state board of education.
516516 (ii) "State foundation aid" means the amount of aid distributed to a
517517 school district as determined by the state board pursuant to K.S.A. 72-
518518 5134, and amendments thereto.
519519 (jj) (1) "Student" means any person who is regularly enrolled in a
520520 school district and attending kindergarten or any of the grades one through
521521 12 maintained by the school district or who is regularly enrolled in a
522522 school district and attending kindergarten or any of the grades one through
523523 12 in another school district in accordance with an agreement entered into
524524 under authority of K.S.A. 72-13,101, and amendments thereto, or who is
525525 regularly enrolled in a school district and attending special education
526526 services provided for preschool-aged exceptional children by the school
527527 district.
528528 (2) (A) Except as otherwise provided in this subsection, the following
529529 shall be counted as one student:
530530 (i) A student in attendance full-time; and
531531 (ii) a student enrolled in a school district and attending special
532532 education and related services, provided for by the school district.
533533 (B) The following shall be counted as
534534 1
535535 /2 student:
536536 (i) A student enrolled in a school district and attending special
537537 education and related services for preschool-aged exceptional children
538538 provided for by the school district; and
539539 (ii) a preschool-aged at-risk student enrolled in a school district and
540540 receiving services under an approved at-risk student assistance plan
541541 maintained by the school district.
542542 (C) A student in attendance part-time shall be counted as that
543543 proportion of one student, to the nearest
544544 1
545545 /10, that the student's attendance
546546 bears to full-time attendance.
547547 (D) A student enrolled in and attending an institution of
548548 postsecondary education that is authorized under the laws of this state to
549549 award academic degrees shall be counted as one student if the student's
550550 postsecondary education enrollment and attendance together with the
551551 student's attendance in either of the grades 11 or 12 is at least
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554554 otherwise the student shall be counted as that proportion of one student, to
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598598 the nearest
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600600 /10, that the total time of the student's postsecondary education
601601 attendance and attendance in grades 11 or 12, as applicable, bears to full-
602602 time attendance.
603603 (E) A student enrolled in and attending a technical college, a career
604604 technical education program of a community college or other approved
605605 career technical education program shall be counted as one student, if the
606606 student's career technical education attendance together with the student's
607607 attendance in any of grades nine through 12 is at least
608608 5
609609 /6 time, otherwise
610610 the student shall be counted as that proportion of one student, to the
611611 nearest
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613613 /10, that the total time of the student's career technical education
614614 attendance and attendance in any of grades nine through 12 bears to full-
615615 time attendance.
616616 (F) A student enrolled in a school district and attending a non-virtual
617617 school and also attending a virtual school shall be counted as that
618618 proportion of one student, to the nearest
619619 1
620620 /10, that the student's attendance at
621621 the non-virtual school bears to full-time attendance.
622622 (G) A student enrolled in a school district and attending special
623623 education and related services provided for by the school district and also
624624 attending a virtual school shall be counted as that proportion of one
625625 student, to the nearest
626626 1
627627 /10, that the student's attendance at the non-virtual
628628 school bears to full-time attendance.
629629 (H) A student enrolled in a school district and attending school on a
630630 part-time basis through remote learning and also attending school in
631631 person on a part-time basis shall be counted as that proportion of one
632632 student, to the nearest
633633 1
634634 /10, that the student's in-person attendance bears to
635635 full-time attendance.
636636 (I) A student enrolled in a school district who is not a resident of
637637 Kansas shall be counted as
638638 1
639639 /2 of a student.
640640 This subparagraph shall not apply to:
641641 (i) A student whose parent or legal guardian is an employee of the
642642 school district where such student is enrolled; or
643643 (ii) a student who attended public school in Kansas during school
644644 year 2016-2017 and who attended public school in Kansas during the
645645 immediately preceding school year.
646646 (3) The following shall not be counted as a student:
647647 (A) An individual residing at the Flint Hills job corps center;
648648 (B) except as provided in paragraph (2), an individual confined in and
649649 receiving educational services provided for by a school district at a
650650 juvenile detention facility; and
651651 (C) an individual enrolled in a school district but housed, maintained
652652 and receiving educational services at a state institution or a psychiatric
653653 residential treatment facility.
654654 (4) A student enrolled in virtual school pursuant to K.S.A. 72-3711 et
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698698 seq., and amendments thereto, shall be counted in accordance with the
699699 provisions of K.S.A. 72-3715, and amendments thereto.
700700 (5) A student enrolled in a school district who attends school through
701701 remote learning shall be counted in accordance with the provisions of this
702702 section and K.S.A. 2023 Supp. 72-5180, and amendments thereto.
703703 (kk) "Total foundation aid" means an amount equal to the product
704704 obtained by multiplying the BASE aid by the adjusted enrollment of a
705705 school district.
706706 (ll) "Transportation weighting" means an addend component assigned
707707 to the enrollment of school districts pursuant to K.S.A. 72-5148, and
708708 amendments thereto, on the basis of costs attributable to the provision or
709709 furnishing of transportation.
710710 (mm) "Virtual school" means the same as such term is defined in
711711 K.S.A. 72-3712, and amendments thereto.
712712 Sec. 2. K.S.A. 2023 Supp. 72-5132 is hereby repealed.
713713 Sec. 3. This act shall take effect and be in force from and after its
714714 publication in the statute book.
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