Session of 2024
SENATE BILL No. 386
By Committee on Education
1-23
AN ACT concerning education; relating to the Kansas school equity and
enhancement act; requiring school district enrollment to be determined
using the current school year or preceding school year enrollment;
requiring any school district that closed a school building in the
preceding school year to use current school year enrollment; amending
K.S.A. 2023 Supp. 72-5132 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2023 Supp. 72-5132 is hereby amended to read as
follows: 72-5132. As used in the Kansas school equity and enhancement
act, K.S.A. 72-5131 et seq., and amendments thereto:
(a) "Adjusted enrollment" means the enrollment of a school district,
excluding the remote enrollment determined pursuant to K.S.A. 2023
Supp. 72-5180, and amendments thereto, adjusted by adding the following
weightings, if any, to the enrollment of a school district: At-risk student
weighting; bilingual weighting; career technical education weighting;
high-density at-risk student weighting; high enrollment weighting; low
enrollment weighting; school facilities weighting; ancillary school
facilities weighting; cost-of-living weighting; special education and related
services weighting; and transportation weighting.
(b) "Ancillary school facilities weighting" means an addend
component assigned to the enrollment of school districts pursuant to
K.S.A. 72-5158, and amendments thereto, on the basis of costs attributable
to commencing operation of one or more new school facilities by such
school districts.
(c) (1) "At-risk student" means a student who is eligible for free
meals under the national school lunch act, and who is enrolled in a school
district that maintains an approved at-risk student assistance program.
(2) "At-risk student" does not include any student enrolled in any of
the grades one through 12 who is in attendance less than full time, or any
student who is over 19 years of age. The provisions of this paragraph shall
not apply to any student who has an individualized education program.
(d) "At-risk student weighting" means an addend component assigned
to the enrollment of school districts pursuant to K.S.A. 72-5151(a), and
amendments thereto, on the basis of costs attributable to the maintenance
of at-risk educational programs by such school districts.
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(e) "Base aid for student excellence" or "BASE aid" means an amount
appropriated by the legislature in a fiscal year for the designated year. The
amount of BASE aid shall be as follows:
(1) For school year 2018-2019, $4,165;
(2) for school year 2019-2020, $4,436;
(3) for school year 2020-2021, $4,569;
(4) for school year 2021-2022, $4,706;
(5) for school year 2022-2023, $4,846; and
(6) for school year 2023-2024, and each school year thereafter, the
BASE aid shall be the BASE aid amount for the immediately preceding
school year plus an amount equal to the average percentage increase in the
consumer price index for all urban consumers in the midwest region as
published by the bureau of labor statistics of the United States department
of labor during the three immediately preceding school years rounded to
the nearest whole dollar amount.
(f) "Bilingual weighting" means an addend component assigned to
the enrollment of school districts pursuant to K.S.A. 72-5150, and
amendments thereto, on the basis of costs attributable to the maintenance
of bilingual educational programs by such school districts.
(g) "Board" means the board of education of a school district.
(h) "Budget per student" means the general fund budget of a school
district divided by the enrollment of the school district.
(i) "Categorical fund" means and includes the following funds of a
school district: Adult education fund; adult supplementary education fund;
at-risk education fund; bilingual education fund; career and postsecondary
education fund; driver training fund; educational excellence grant program
fund; extraordinary school program fund; food service fund; parent
education program fund; preschool-aged at-risk education fund;
professional development fund; special education fund; and summer
program fund.
(j) "Cost-of-living weighting" means an addend component assigned
to the enrollment of school districts pursuant to K.S.A. 72-5159, and
amendments thereto, on the basis of costs attributable to the cost of living
in such school districts.
(k) "Current school year" means the school year during which state
foundation aid is determined by the state board under K.S.A. 72-5134, and
amendments thereto.
(l) (1) "Enrollment" means, except as provided in K.S.A. 2023 Supp.
72-5180, and amendments thereto, whichever is the greater of:
(1)(A) The number of students regularly enrolled in kindergarten and
grades one through 12 in the school district on September 20 of the
current school year plus the number of preschool-aged at-risk students
regularly enrolled in the school district on September 20 of the current
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school year;
(B) except as provided in paragraph (4), the number of students
regularly enrolled in kindergarten and grades one through 12 in the school
district on September 20 of the preceding school year plus the number of
preschool-aged at-risk students regularly enrolled in the school district on
September 20 of the current school year, except a student who is a foreign
exchange student shall not be counted unless such student is regularly
enrolled in the school district on September 20 and attending kindergarten
or any of the grades one through 12 maintained by the school district for at
least one semester or two quarters, or the equivalent thereof.
(2) If the enrollment in a school district in the preceding school year
has decreased from enrollment in the second preceding school year, the
enrollment of the school district in the current school year means the sum
of:
(A) the enrollment in the second preceding school year, excluding
students under paragraph (2)(B), minus enrollment in the preceding school
year of preschool-aged at-risk students, if any, plus enrollment in the
current school year of preschool-aged at-risk students, if any; and
(B) the adjusted enrollment in the second preceding school year of
any students participating in the tax credit for low income students
scholarship program pursuant to K.S.A. 72-4351 et seq., and amendments
thereto, in the preceding school year, if any, plus the adjusted enrollment in
the preceding school year of preschool-aged at-risk students who are
participating in the tax credit for low income students scholarship program
pursuant to K.S.A. 72-4351 et seq., and amendments thereto, in the current
school year, if any.; or
(3)(C) for any school district that has a military student, as that term
is defined in K.S.A. 72-5139, and amendments thereto, enrolled in such
district, and that received federal impact aid for the preceding school year,
if the enrollment in such school district in the preceding school year has
decreased from enrollment in the second preceding school year, the
enrollment of the school district in the current school year means
whichever is the greater of:
(A)(i) The enrollment amounts determined under paragraph (2)
subparagraphs (A) or (B); or
(B)(ii) the sum of the enrollment in the preceding school year of the
number of preschool-aged at-risk students regularly enrolled in the school
district on September 20 of the preceding school year, if any, and the
arithmetic mean of the sum of:
(i)(a) The enrollment of the number of students regularly enrolled in
kindergarten and grades one through 12 in the school district in on
September 20 of the preceding school year minus the enrollment in such
school year of preschool-aged at-risk students, if any;
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(ii)(b) the enrollment in the number of students regularly enrolled in
kindergarten and grades one through 12 in the school district on
September 20 of the second preceding school year minus the enrollment in
such school year of preschool-aged at-risk students, if any; and
(iii)(c) the enrollment in the number of students regularly enrolled in
kindergarten and grades one through 12 in the school district on
September 20 of the third preceding school year minus the enrollment in
such school year of preschool-aged at-risk students, if any.
(4)(2) TheWhen enrollment is determined under paragraph (1), (2) or
(3), except if the school district begins to offer kindergarten on a full-time
basis in such school year, students regularly enrolled in kindergarten in the
school district in the preceding school year shall be counted as one student
regardless of actual attendance during such preceding school year.
(3) A foreign exchange student shall not be counted in the enrollment
of a school district unless such student was regularly enrolled on
September 20 and attending kindergarten or any of the grades one
through 12 maintained by the district for at least one semester or two
quarters, or the equivalent thereof.
(4) If a school district closed any school building that was an
attendance center pursuant to K.S.A. 72-1431, and amendments thereto, in
the preceding school year, such school district shall determine enrollment
pursuant to paragraph (1)(A) in the current school year.
(m) "February 20" has its usual meaning, except that in any year in
which February 20 is not a day on which school is maintained, it means
the first day after February 20 on which school is maintained.
(n) "Federal impact aid" means an amount equal to the federally
qualified percentage of the amount of moneys a school district receives in
the current school year under the provisions of title I of public law 874 and
congressional appropriations therefor, excluding amounts received for
assistance in cases of major disaster and amounts received under the low-
rent housing program. The amount of federal impact aid shall be
determined by the state board in accordance with terms and conditions
imposed under the provisions of the public law and rules and regulations
thereunder.
(o) "General fund" means the fund of a school district from which
operating expenses are paid and in which is deposited all amounts of state
foundation aid provided under this act, payments under K.S.A. 72-528,
and amendments thereto, payments of federal funds made available under
the provisions of title I of public law 874, except amounts received for
assistance in cases of major disaster and amounts received under the low-
rent housing program and such other moneys as are provided by law.
(p) "General fund budget" means the amount budgeted for operating
expenses in the general fund of a school district.
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(q) "High-density at-risk student weighting" means an addend
component assigned to the enrollment of school districts pursuant to
K.S.A. 72-5151(b), and amendments thereto, on the basis of costs
attributable to the maintenance of at-risk educational programs by such
school districts.
(r) "High enrollment weighting" means an addend component
assigned to the enrollment of school districts pursuant to K.S.A. 72-
5149(b), and amendments thereto, on the basis of costs attributable to
maintenance of educational programs by such school districts.
(s) "Juvenile detention facility" means the same as such term is
defined in K.S.A. 72-1173, and amendments thereto.
(t) "Local foundation aid" means the sum of the following amounts:
(1) An amount equal to any unexpended and unencumbered balance
remaining in the general fund of the school district, except moneys
received by the school district and authorized to be expended for the
purposes specified in K.S.A. 72-5168, and amendments thereto;
(2) an amount equal to any remaining proceeds from taxes levied
under authority of K.S.A. 72-7056 and 72-7072, prior to their repeal;
(3) an amount equal to the amount deposited in the general fund in
the current school year from moneys received in such school year by the
school district under the provisions of K.S.A. 72-3123(a), and amendments
thereto;
(4) an amount equal to the amount deposited in the general fund in
the current school year from moneys received in such school year by the
school district pursuant to contracts made and entered into under authority
of K.S.A. 72-3125, and amendments thereto;
(5) an amount equal to the amount credited to the general fund in the
current school year from moneys distributed in such school year to the
school district under the provisions of articles 17 and 34 of chapter 12 of
the Kansas Statutes Annotated, and amendments thereto, and under the
provisions of articles 42 and 51 of chapter 79 of the Kansas Statutes
Annotated, and amendments thereto;
(6) an amount equal to the amount of payments received by the
school district under the provisions of K.S.A. 72-3423, and amendments
thereto; and
(7) an amount equal to the amount of any grant received by the
school district under the provisions of K.S.A. 72-3425, and amendments
thereto.
(u) "Low enrollment weighting" means an addend component
assigned to the enrollment of school districts pursuant to K.S.A. 72-
5149(a), and amendments thereto, on the basis of costs attributable to
maintenance of educational programs by such school districts.
(v) "Operating expenses" means the total expenditures and lawful
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transfers from the general fund of a school district during a school year for
all purposes, except expenditures for the purposes specified in K.S.A. 72-
5168, and amendments thereto.
(w) "Preceding school year" means the school year immediately
before the current school year.
(x) "Preschool-aged at-risk student" means an at-risk student who has
attained the age of three years, is under the age of eligibility for attendance
at kindergarten, and has been selected by the state board in accordance
with guidelines governing the selection of students for participation in
head start programs.
(y) "Preschool-aged exceptional children" means exceptional
children, except gifted children, who have attained the age of three years
but are under the age of eligibility for attendance at kindergarten.
"Exceptional children" and "gifted children" mean the same as those terms
are defined in K.S.A. 72-3404, and amendments thereto.
(z) "Psychiatric residential treatment facility" means the same as such
term is defined in K.S.A. 72-1173, and amendments thereto.
(aa) (1) "Remote enrollment" means the number of students regularly
enrolled in kindergarten and grades one through 12 in the school district
who attended school through remote learning in excess of the remote
learning limitations provided in K.S.A. 2023 Supp. 72-5180, and
amendments thereto.
(2) This subsection shall not apply in any school year prior to the
2021-2022 school year.
(bb) (1) "Remote learning" means a method of providing education in
which the student, although regularly enrolled in a school district, does not
physically attend the attendance center such student would otherwise
attend in person on a full-time basis and curriculum and instruction are
prepared, provided and supervised by teachers and staff of such school
district to approximate the student learning experience that would take
place in the attendance center classroom.
(2) "Remote learning" does not include virtual school as such term is
defined in K.S.A. 72-3712, and amendments thereto.
(3) This subsection shall not apply in any school year prior to the
2021-2022 school year.
(cc) "School district" means a school district organized under the
laws of this state that is maintaining public school for a school term in
accordance with the provisions of K.S.A. 72-3115, and amendments
thereto.
(dd) "School facilities weighting" means an addend component
assigned to the enrollment of school districts pursuant to K.S.A. 72-5156,
and amendments thereto, on the basis of costs attributable to commencing
operation of one or more new school facilities by such school districts.
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(ee) "School year" means the 12-month period ending June 30.
(ff) "September 20" has its usual meaning, except that in any year in
which September 20 is not a day on which school is maintained, it means
the first day after September 20 on which school is maintained.
(gg) "Special education and related services weighting" means an
addend component assigned to the enrollment of school districts pursuant
to K.S.A. 72-5157, and amendments thereto, on the basis of costs
attributable to the maintenance of special education and related services by
such school districts.
(hh) "State board" means the state board of education.
(ii) "State foundation aid" means the amount of aid distributed to a
school district as determined by the state board pursuant to K.S.A. 72-
5134, and amendments thereto.
(jj) (1) "Student" means any person who is regularly enrolled in a
school district and attending kindergarten or any of the grades one through
12 maintained by the school district or who is regularly enrolled in a
school district and attending kindergarten or any of the grades one through
12 in another school district in accordance with an agreement entered into
under authority of K.S.A. 72-13,101, and amendments thereto, or who is
regularly enrolled in a school district and attending special education
services provided for preschool-aged exceptional children by the school
district.
(2) (A) Except as otherwise provided in this subsection, the following
shall be counted as one student:
(i) A student in attendance full-time; and
(ii) a student enrolled in a school district and attending special
education and related services, provided for by the school district.
(B) The following shall be counted as
1
/2 student:
(i) A student enrolled in a school district and attending special
education and related services for preschool-aged exceptional children
provided for by the school district; and
(ii) a preschool-aged at-risk student enrolled in a school district and
receiving services under an approved at-risk student assistance plan
maintained by the school district.
(C) A student in attendance part-time shall be counted as that
proportion of one student, to the nearest
1
/10, that the student's attendance
bears to full-time attendance.
(D) A student enrolled in and attending an institution of
postsecondary education that is authorized under the laws of this state to
award academic degrees shall be counted as one student if the student's
postsecondary education enrollment and attendance together with the
student's attendance in either of the grades 11 or 12 is at least
5
/6 time,
otherwise the student shall be counted as that proportion of one student, to
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the nearest
1
/10, that the total time of the student's postsecondary education
attendance and attendance in grades 11 or 12, as applicable, bears to full-
time attendance.
(E) A student enrolled in and attending a technical college, a career
technical education program of a community college or other approved
career technical education program shall be counted as one student, if the
student's career technical education attendance together with the student's
attendance in any of grades nine through 12 is at least
5
/6 time, otherwise
the student shall be counted as that proportion of one student, to the
nearest
1
/10, that the total time of the student's career technical education
attendance and attendance in any of grades nine through 12 bears to full-
time attendance.
(F) A student enrolled in a school district and attending a non-virtual
school and also attending a virtual school shall be counted as that
proportion of one student, to the nearest
1
/10, that the student's attendance at
the non-virtual school bears to full-time attendance.
(G) A student enrolled in a school district and attending special
education and related services provided for by the school district and also
attending a virtual school shall be counted as that proportion of one
student, to the nearest
1
/10, that the student's attendance at the non-virtual
school bears to full-time attendance.
(H) A student enrolled in a school district and attending school on a
part-time basis through remote learning and also attending school in
person on a part-time basis shall be counted as that proportion of one
student, to the nearest
1
/10, that the student's in-person attendance bears to
full-time attendance.
(I) A student enrolled in a school district who is not a resident of
Kansas shall be counted as
1
/2 of a student.
This subparagraph shall not apply to:
(i) A student whose parent or legal guardian is an employee of the
school district where such student is enrolled; or
(ii) a student who attended public school in Kansas during school
year 2016-2017 and who attended public school in Kansas during the
immediately preceding school year.
(3) The following shall not be counted as a student:
(A) An individual residing at the Flint Hills job corps center;
(B) except as provided in paragraph (2), an individual confined in and
receiving educational services provided for by a school district at a
juvenile detention facility; and
(C) an individual enrolled in a school district but housed, maintained
and receiving educational services at a state institution or a psychiatric
residential treatment facility.
(4) A student enrolled in virtual school pursuant to K.S.A. 72-3711 et
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seq., and amendments thereto, shall be counted in accordance with the
provisions of K.S.A. 72-3715, and amendments thereto.
(5) A student enrolled in a school district who attends school through
remote learning shall be counted in accordance with the provisions of this
section and K.S.A. 2023 Supp. 72-5180, and amendments thereto.
(kk) "Total foundation aid" means an amount equal to the product
obtained by multiplying the BASE aid by the adjusted enrollment of a
school district.
(ll) "Transportation weighting" means an addend component assigned
to the enrollment of school districts pursuant to K.S.A. 72-5148, and
amendments thereto, on the basis of costs attributable to the provision or
furnishing of transportation.
(mm) "Virtual school" means the same as such term is defined in
K.S.A. 72-3712, and amendments thereto.
Sec. 2. K.S.A. 2023 Supp. 72-5132 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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