SENATE BILL No. 438
AN ACT concerning education; making and concerning appropriations for the fiscal year
ending June 30, 2025, for the state board of regents; establishing the Kansas blueprint
for literacy and the literacy advisory committee; directing the state board of regents
to appoint a director of literacy education and develop a comprehensive assessment
system; requiring the state board of regents and the state board of education to
collaborate on a literacy micro-credential and professional development; providing
university presidents and deans of education oversight over postsecondary literacy
courses; requiring a plan to establish centers of excellence in reading; requiring the
state board of education to submit annual reports to the legislature on certain statistics
of students who take the statewide assessments; establishing the Kansas education
opportunity scholarship program to replace the Kansas ethnic minority scholarship
program; removing limits on Kansas nursing service scholarship awards and
modifying the interest rate terms and repayment obligations for such awards;
abolishing the nursing service scholarship review committee; eliminating the
requirement to subtract other aid from the state payment for the AO-K program;
modifying financial limitations on Kansas hero's scholarship awards and broadening
eligibility requirements for such awards; amending K.S.A. 74-3284, 74-3285, 74-
3286, 74-3287, 74-3288, 74-3289, 74-3292, 74-3293, 74-3294, 74-3295, 74-3296,
74-3297 and 74-3298 and K.S.A. 2023 Supp. 72-5170, 74-32,267 and 75-4364 and
repealing the existing sections; also repealing K.S.A. 74-3299.
WHEREAS, Kansas is experiencing unprecedented economic
growth. By the year 2030, Kansas will add 54,000 new jobs, 80% of
which will require a bachelor's degree or higher. At the same time, the
state is at a crucial moment when a comprehensive approach to
equipping Kansas educators with training in the science of reading,
structured literacy and literacy screening and assessment tools is
essential; and
WHEREAS, It is imperative that we leverage our strengths and
ensure that we lead the nation in producing highly literate talent to lead
our communities and state forward; and
WHEREAS, Making literacy a priority is without a doubt one of the
most important and impactful investments that we can make to help
families, support businesses and continue to advance economic
prosperity for all Kansans.
Now, therefore:
Be it enacted by the Legislature of the State of Kansas:
New Section 1.
STATE BOARD OF REGENTS
(a) There is appropriated for the above agency from the state
general fund for the fiscal year ending June 30, 2025, the following:
Kansas blueprint for literacy.................................................$10,000,000
Provided, That expenditures shall be made by the above agency from
such account in accordance with the Kansas blueprint for literacy:
Provided further, That on or before September 1, 2024, the executive
officer of the state board of regents shall certify to the director of the
budget that each of the following research educational institutions has
implemented two three-credit hour applied application courses and
included such courses within the approved graduation requirements to
earn a degree in elementary education and has implemented a common
performance-based assessment for such courses on or before August
2024: The university of Kansas, Kansas state university and Wichita
state university: Provided, however, That if the executive officer does
not certify that the university of Kansas, Kansas state university and
Wichita state university have implemented such courses and assessment
on or before August 2024, then on September 1, 2024, of the
$10,000,000 appropriated for the above agency from the state general
fund in the Kansas blueprint for literacy account, the sum of
$1,000,000 per institution that did not implement such courses and
assessment is hereby lapsed: And provided further, That on or before
September 1, 2024, the executive officer shall certify to the director of
the budget that each of the following regional educational institutions SENATE BILL No. 438—page 2
has implemented two three-credit hour applied application courses and
included such courses within the approved graduation requirements to
earn a degree in elementary education and has implemented a common
performance-based assessment for such courses on or before August
2024: Emporia state university, Fort Hays state university and Pittsburg
state university: And provided, however, That if the executive officer
does not certify that Emporia state university, Fort Hays state university
and Pittsburg state university have implemented such courses and
assessment on or before August 2024, then on September 1, 2024, of
the $10,000,000 appropriated for the above agency from the state
general fund in the Kansas blueprint for literacy account, the sum of
$500,000 per institution that did not implement such courses and
assessment is hereby lapsed: And provided, however, That no
expenditures shall be made by the above agency or any university from
such account for the development of such courses or assessments: And
provided further, That, at the same time as the executive officer
transmits a copy of such certifications to the director of the budget, the
executive officer shall transmit a copy of such certifications to the
director of legislative research.
New Sec. 2. (a) Sections 2 through 8, and amendments thereto,
shall be known and may be cited as the Kansas blueprint for literacy.
(b) Each provision of sections 2 through 8, and amendments
thereto, that requires the expenditure of moneys shall be subject to
legislative appropriations therefor.
(c) As used in sections 2 through 8, and amendments thereto:
(1) "In-service" means a licensed individual who is employed by a
school district or accredited nonpublic school as a teacher.
(2) "Postsecondary educational institution" means:
(A) A state educational institution as defined in K.S.A. 76-711,
and amendments thereto;
(B) a municipal university; and
(C) any not-for-profit institution of postsecondary education that
has its main campus or principal place of operation in Kansas, is
operated independently and not controlled or administered by a state
agency or subdivision of this state, maintains open enrollment and is
accredited by a nationally recognized accrediting agency for higher
education in the United States.
(3) "Pre-service" means an individual who is receiving the
education and training to become a licensed teacher but is not yet
licensed.
(4) "Science of reading" means the teaching of reading using
evidence-based research that includes phonemic awareness, phonics,
fluency, vocabulary and comprehension.
(5) "Structured literacy" means the application of knowledge from
the science of reading that teaches reading in an evidence-based and
systematic way.
New Sec. 3. (a) There is hereby established a literacy advisory
committee. The committee shall be composed of:
(1) 15 voting members as follows:
(A) The director of literacy education, appointed pursuant to
section 4, and amendments thereto, who shall serve as chairperson of
the committee;
(B) one member appointed by the governor;
(C) one member of the house of representatives or a literacy
expert appointed by the speaker of the house of representatives;
(D) one member of the house of representatives or a literacy
expert appointed by the minority leader of the house of representatives;
(E) one member of the senate or a literacy expert appointed by the
president of the senate; SENATE BILL No. 438—page 3
(F) one member of the senate or a literacy expert appointed by the
minority leader of the senate;
(G) one member appointed by and representing the Kansas
national education association;
(H) one member appointed by and representing a school of
education from Emporia state university, Fort Hays state university or
Pittsburg state university;
(I) one member appointed by and representing a school of
education from the university of Kansas, Kansas state university or
Wichita state university;
(J) one member appointed by and representing Washburn
university school of education;
(K) one member appointed by the Kansas association of
community colleges to represent community colleges;
(L) one member appointed by the Kansas independent colleges
association to represent a not-for-profit institution of postsecondary
education school or college of education;
(M) one member appointed by the state board of education;
(N) one member of the state board of regents appointed by the
state board of regents; and
(O) one member who is an English for speakers of other languages
literacy expert appointed by the united school administrators of Kansas;
and
(2) nonvoting members as follows:
(A) The commissioner of education or the commissioner's
designee; and
(B) any number of members appointed by the director of literacy
education pursuant to section 4, and amendments thereto.
(b) (1) Members shall be appointed on or before July 1, 2024.
(2) Except for the director of literacy education, voting members
shall serve for a term of four years.
(3) Any vacancy in the membership of the committee shall be
filled by appointment in the same manner prescribed by this section for
the original appointment.
(4) A quorum of the committee shall be a majority of the voting
members. All actions of the committee may be taken by a majority of
the voting members present when there is a quorum.
(5) The committee may meet at any time and at any place within
the state upon the call of the chairperson.
(6) If any member of the committee fails to attend three meetings
of the committee within any 12-month period, such member's
appointment shall terminate and a new member shall be appointed in
the same manner prescribed by this section for the original
appointment.
(c) The literacy advisory committee shall:
(1) Monitor progress of literacy training for in-service and pre-
service teachers and literacy education of elementary and secondary
students;
(2) designate best practices for literacy training for in-service and
pre-service teachers and literacy education of elementary and
secondary students;
(3) be responsible for the attainment of the transformational goal
to have 100% of the Kansas special education, English for speakers of
other languages and elementary teacher workforce achieve a micro-
credential in the science of reading and structured literacy by 2030,
leading to at least 50% of students in each of the grades three through
eight achieving level 3 or above and at least 90% of students in each of
the grades three through eight achieving level 2 or above on the English
language arts state assessment by 2033; SENATE BILL No. 438—page 4
(4) make recommendations to the director of literacy education;
(5) make recommendations to the state board of education, the
state board of regents and the postsecondary educational institution
presidents or chancellors on:
(A) Literacy training for in-service and pre-service teachers and
literacy education of elementary and secondary students; and
(B) reading instruction methods based on the science of reading;
(6) make recommendations to the house of representatives
standing committee on education and the senate standing committee on
education on the implementation of the goals of the Kansas blueprint
for literacy and any changes necessary to achieve such goals;
(7) (A) submit a progress report to the legislature on:
(i) English language arts state assessment scores for each grade
level and all defined subgroups, including, but not limited to, English
language learners, students receiving free meals pursuant to the
national school lunch act, students in the custody of the secretary for
children and families and race and ethnicity subgroups;
(ii) literacy training for in-service and pre-service teachers; and
(iii) the literacy advisory committee's goals and requirements
provided in the Kansas blueprint for literacy;
(B) Such progress report shall be provided at the following times
each calendar year:
(i) Once on or before February 1 to the senate committee on
education and the house of representatives committee on education;
(ii) once on or before May 1 to the senate committee on education
and the house of representatives committee on education; and
(iii) once on or before December 1 to any interim, special, or
select committee, task force or commission that has membership that
includes legislators, is related to education, has been approved by the
legislative coordinating council and requests such report; and
(8) submit a plan to the state board of regents and the legislature,
including the house of representatives standing committee on education
and the senate standing committee on education, on the establishment
of centers of excellence in reading pursuant to section 8, and
amendments thereto, on or before January 1, 2025.
(d) The committee shall be subject to the Kansas open records act,
K.S.A. 45-419 et seq., and amendments thereto, and the Kansas open
meetings act, K.S.A. 75-4317 et seq., and amendments thereto. The
committee shall publish each meeting agenda and any available
meeting documents online prior to each scheduled meeting of the
committee.
(e) (1) Legislative members of the committee and members
appointed by a member of the legislature who attend meetings of the
committee shall be paid for expenses, mileage and subsistence as
provided in K.S.A. 75-3223(e), and amendments thereto.
(2) Members of the committee who are not members of the
legislature may be paid for expenses, mileage and subsistence by the
entity each such member was appointed by and represents.
(f) (1) The director of literacy education shall provide executive
support to the committee.
(2) The staff of the state board of regents, office of revisor of
statutes, the legislative research department and the division of
legislative administrative services shall provide such assistance as may
be requested by the committee.
New Sec. 4. (a) On or before July 1, 2024, the executive officer of
the state board of regents shall appoint a director of literacy education.
(b) The director of literacy education shall be an employee of the
state board of regents in the unclassified service who serves at the
pleasure of the state board of regents. The compensation of the director SENATE BILL No. 438—page 5
shall be determined by the executive officer of the state board of
regents.
(c) The director of literacy education shall:
(1) Serve as chairperson of the literacy advisory committee
established in section 3, and amendments thereto;
(2) implement and administer the Kansas blueprint for literacy;
(3) provide executive support to the literacy advisory committee;
(4) appoint nonvoting members of the literacy advisory committee
as the director deems necessary;
(5) work with the state board of education and the state board of
regents to ensure:
(A) Progress on the initiatives, objectives and desired outcomes in
the Kansas blueprint for literacy;
(B) the development and utilization of the comprehensive
assessment system; and
(C) state educational institutions and elementary and secondary
schools are using tier I literacy methodologies;
(6) encourage independent institutions referred to in section 2(c)
(2)(C), and amendments thereto, to use such tier I methodologies;
(7) establish a program to track the science of reading and
structured literacy training progression of in-service and pre-service
early childhood and elementary teachers, special education teachers and
paraprofessionals, reading specialists and early childhood and
elementary administrators for all school districts in the state;
(8) on or before January 15 of each year, prepare and present a
report to the senate standing committee on education and the house of
representatives standing committee on education, or any successor
committees, on the implementation and administration of the Kansas
blueprint for literacy, including, but not limited to, an implementation
timeline, progress of initiatives, development and utilization of the
comprehensive assessment system, progress toward the goal
established in section 3(c), and amendments thereto, use of tier I
methodologies, outcomes and any proposed changes; and
(9) report to the house of representatives standing committee on
education and the senate standing committee on education on or before
January 31, 2025, on the progress of the state board of regents on
utilization of the science of reading, elimination of discredited
methodologies, use of universal screening measures and assessments in
elementary and secondary schools in the state.
New Sec. 5. (a) Postsecondary educational institutions shall
designate practices based on the science of reading through structured
literacy as the official tier I literacy methodology and shall prohibit the
use or teaching of any discredited methodologies, such as the three-
cueing system.
(b) (1) The state board of regents, in collaboration with
postsecondary educational institutions and research experts, shall
establish a comprehensive reading and literacy assessment system with
universal screening measures, diagnostic, formative and summative
assessments to be used in teacher preparation programs in the state.
Such assessment system shall allow teachers to adjust instruction to
meet the specific needs of students, including with regard to reading
difficulties and the remediation of reading and literacy skill gaps. The
state board of regents shall make recommendations to the state board of
education on such assessment system and ensure that such assessment
system is available on or before May 1, 2025. Nothing in this paragraph
shall be construed to include the English language arts statewide
assessment.
(2) The state board of regents shall:
(A) Develop training modules for the assessments on or before SENATE BILL No. 438—page 6
July 1, 2025;
(B) support state board of education action to officially designate
the science of reading as the official tier I literacy methodology;
(C) support elementary and secondary schools as necessary to
eliminate any discredited methodologies;
(D) recommend literacy-specific universal screening measures and
diagnostic, formative and summative assessments to the state board of
education; and
(E) approve reading instruction methodologies recommended by
the literacy advisory committee for state educational institutions.
(3) On and after July 1, 2025, no school district shall use any
textbooks or instructional materials that utilize:
(A) The three-cueing system model of reading as the primary
basis for teaching word recognition;
(B) visual memory as the primary basis for teaching word
recognition; or
(C) the three-cueing system model of reading based on meaning,
structure and syntax and visual cues, commonly known as MVS.
(c) The director of literacy education shall report to the house of
representatives standing committee on education and the senate
standing committee on education on or before January 31, 2025, on the
progress of the state board of regents on utilization of the science of
reading, elimination of discredited methodologies, use of universal
screening measures and assessments in elementary and secondary
schools in the state.
New Sec. 6. The state board of regents and the state board of
education shall collaborate to:
(a) Jointly approve micro-credential requirements for in-service
teachers or certification requirements for pre-service teachers at state
educational institutions in the science of reading and structured literacy;
(b) develop or make accessible professional development
programs and micro-credential courses for all in-service early
childhood teachers, general education teachers and special education
teachers at low or no cost to such teachers. Such programs and courses
shall be delivered by national online learning programs or accredited
Kansas postsecondary educational institutions;
(c) ensure all pre-service teacher preparation programs at state
educational institutions are based on the science of reading and
structured literacy;
(d) publish standards and course progressions to achieve
transparency of Kansas reading education programs; and
(e) provide data for the program to the director of literacy
education that tracks the science of reading and structured literacy
training progression of in-service and pre-service early childhood and
elementary teachers, special education teachers and paraprofessionals,
reading specialists and early childhood and elementary administrators
for all school districts in the state.
New Sec. 7. The president or chancellor, provost and dean of the
college or school of education of each postsecondary educational
institution shall jointly have oversight and supervision of undergraduate
and graduate level reading and literacy courses at their respective
institution and shall:
(a) Ensure explicit courses in the science of reading and structured
literacy, including the five pillars of reading for all undergraduate early
childhood and elementary teacher preparation programs at state
educational institutions;
(b) appoint one representative from each postsecondary
educational institution to conduct an annual systemwide analysis of the
curriculum maps across all literacy courses. Such analysis shall include SENATE BILL No. 438—page 7
identifying clear evidence of instructional approaches and the core
components of reading development;
(c) present a report on such systemwide analysis and any results
from such analysis to the literacy advisory committee;
(d) design and implement two three-credit hour applied
application courses that shall be included within the approved
graduation requirements to earn a degree in elementary education on or
before August 2024;
(e) implement a common performance-based assessment for such
courses to be used by all postsecondary educational institutions on or
before August 2024;
(f) assist in the development of a science of reading and structured
literacy micro-credential for early childhood teachers, elementary
education teachers, English for speakers of other languages teachers,
reading specialists, special education teachers and paraprofessionals,
early childhood and elementary administrators that focuses on research-
based fundamentals of reading instruction; and
(g) provide information, advice and recommendations to the
literacy advisory committee.
New Sec. 8. The literacy advisory committee shall develop a plan
to establish six regional centers of excellence in reading. The plan
shall:
(a) Require postsecondary educational institutions to collaborate
with colleges or schools of education, the center for reading at Pittsburg
state university and community-based literacy organizations;
(b) include options that would allow centers for excellence in
reading to be co-located in an existing building or school of a school
district, postsecondary educational institution, community facility or
other facility or building, as appropriate; and
(c) require such centers to:
(1) Provide evaluation and identification of reading difficulties
and reading disabilities, including, but not limited, dyslexia;
(2) collaborate with school districts to develop strategic literacy
plans for individual students;
(3) collaborate with the state department of education, state board
of regents and postsecondary educational institutions to support pre-
service and in-service teacher training;
(4) support the professional development and training of school-
based instructional coaches;
(5) pilot structured reading applied learning simulation
laboratories for pre-service and in-service teachers;
(6) pilot a literacy education simulation training laboratory for
pre-service elementary teachers as a controlled environment for the
application of the science of reading;
(7) identify projected cost, staffing and budget impacts to develop,
expand and sustain the centers for excellence and reading simulation
laboratories; and
(8) make recommendations and provide progress reports to the
literacy advisory committee.
Sec. 9. 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 SENATE BILL No. 438—page 8
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.
(3) 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) 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 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 be reviewed at least every seven years. 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) (1) 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 performance on the assessments.
(2) (A) On or before January 15 of each year, the state board shall
prepare and submit to the legislature a report on students who take the
statewide assessments. Such report shall include:
(i) The number of students and such number expressed as a
percentage of the total number of students who took the statewide
assessments during the immediately preceding school year
disaggregated by core academic area and by grade level; and
(ii) the percentage of students who took the statewide assessments
in grade 10 who, two years after graduating from high school,
obtained some postsecondary education disaggregated by statewide
assessment achievement level.
(B) When such information becomes available, or as soon
thereafter as practicable, the state board shall publish the information
required for the report under subparagraph (A) on the website of the
state department of education and incorporate such information in the SENATE BILL No. 438—page 9
performance accountability reports and longitudinal achievement
reports required under K.S.A. 2023 Supp. 72-5178, and amendments
thereto.
(C) The provisions of this paragraph shall expire on July 1, 2029.
(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. 10. K.S.A. 74-3284 is hereby amended to read as follows: 74-
3284. (a) K.S.A. 74-3284 through 74-3289, and amendments thereto,
shall be known and may be cited as the Kansas education opportunity
scholarship program act.
(b) As used in this act:
(a)(1) "Kansas ethnic minority education opportunity scholarship
program" means a program under which the state, in response to
growing concerns over loss of talented ethnic minority students to
institutions of postsecondary education in other states, the need to
enhance the diversity of the student population at Kansas institutions of
postsecondary education, and the barriers to ethnic minority student
enrollment at Kansas institutions of postsecondary education and for
the purpose of enabling and encouraging talented ethnic minority
students to remain in Kansas for the attainment of educational goals
and fulfillment of career aspirations, provides financial assistance
through the award of Kansas ethnic minority education opportunity
scholarships to Kansas ethnic minority education opportunity scholars.
(b)(2) "Kansas ethnic minority education opportunity scholarship"
means a financial award made by this state under this act to a Kansas
ethnic minority education opportunity scholar.
(c)(3) "Kansas ethnic minority education opportunity scholar"
means a person who:
(1)(A) (i) Is a resident of Kansas;
(2) is a member of an ethnic minority group;
(3)(ii) has been accepted for admission to or is enrolled full time SENATE BILL No. 438—page 10
in an educational program at an eligible institution;
(4)(iii) has established financial need; and
(5) has qualified for the award of a Kansas ethnic minority
scholarship on the basis of having demonstrated educational ability, or
who
(iv) is a first generation student or has a parent who is employed
in Kansas as a teacher or paraprofessional for any of the grades pre-K
through 12; or
(B) has previously so qualified and remains qualified for the
renewal of a Kansas ethnic minority education opportunity scholarship
on the basis of maintaining full-time enrollment in an educational
program at an eligible institution, remaining in good standing, and
making satisfactory progress toward completion of the requirements for
the award of a degree or certificate of completion.
(d)(4) "Eligible institution" means an institution of postsecondary
education which maintains open enrollment, the main campus or
principal place of operation of which is located in Kansas, and which
qualifies as an eligible institution under the higher education act of
1965 (P.L. 89-329), as amended postsecondary educational institution,
as defined in K.S.A. 74-3201b, and amendments thereto, or an
accredited independent institution, as defined in K.S.A. 72-3222, and
amendments thereto.
(e) "Ethnic minority group" means a group of persons categorized
as: (1) American Indian or Alaskan Native; (2) Asian or Pacific
Islander; (3) Black, non-Hispanic; or (4) Hispanic.
(f) "American Indian or Alaskan Native" means a person having
origins in any of the original peoples of North America and who
maintains cultural identification through tribal affiliation or community
recognition.
(g) "Asian or Pacific Islander" means a person having origins in
any of the original peoples of the far east, southeast Asia, the Indian
subcontinent, or pacific islands. This includes, but not by way of
limitation, persons from China, Japan, Korea, the Philippine Islands,
Samoa, India and Vietnam.
(h) "Black, non-Hispanic" means a person having origins in any of
the black racial groups of Africa (except those of Hispanic origin).
(i) "Hispanic" means a person of Mexican, Puerto Rican, Cuban,
Central or South American or other Spanish culture or origin,
regardless of race.
(j)(5) "Financial need" means the difference between the available
financial resources of a Kansas ethnic minority education opportunity
scholar and the scholar's total anticipated expenses to attend an eligible
institution. A scholar's financial resources shall be determined on the
basis of criteria provided under the federal methodology of need
analysis. Financial need shall be determined annually.
(k)(6) "First generation student" means an individual who does
not have a parent or guardian who has completed a baccalaureate
degree.
(7) "Semester" means one of two principal terms when there are
only two principal terms in the academic year of an eligible institution
whether or not there are other shorter terms during the same academic
year of the eligible educational institution.
(l)(8) "Term" means one of two or more substantially equivalent
divisions of the academic year of an eligible institution.
(m)(9) "Program period" means the duration of the period of time,
or any division thereof, required for completion of a vocational or
technical education program which is given in at an eligible institution.
(n) "Open enrollment" means the policy of an institution of
postsecondary education which provides the opportunity of enrollment SENATE BILL No. 438—page 11
for any student who meets its academic and other reasonable
enrollment requirements, without regard for race, gender, religion,
creed, ethnicity or national origin.
Sec. 11. K.S.A. 74-3285 is hereby amended to read as follows: 74-
3285. (a) In each academic year, to the extent that appropriations are
available for the Kansas ethnic minority education opportunity
scholarship program and in accordance with the provisions of this act,
the state board of regents may select for designation as a Kansas ethnic
minority education opportunity scholar and for the award of a Kansas
ethnic minority education opportunity scholarship any person who is
qualified for such designation and award and. The state board of
regents shall renew the scholarship of each Kansas ethnic minority
education opportunity scholar who remains qualified for a scholarship.
(b) In selecting persons for designation as Kansas ethnic minority
education opportunity scholars, the state board of regents shall provide,
insofar as possible and on the basis of a formulated procedure, for
equitable apportionment of Kansas ethnic minority education
opportunity scholarships among the ethnic minority groups. The
procedure formulated by the board of regents shall take into account:
(1) the differences among applicants in level of financial need and
availability of financial resources so that scholarships are targeted to
those applicants having the greatest needs; (2) the proportion that the
population of each ethnic minority group bears to the population of all
ethnic minority groups in the state; and (3) the differences across ethnic
minority groups in the proportion of members thereof who complete
high school. Financial need shall be determined annually.
(c) An applicant who fails to be awarded a Kansas ethnic minority
education opportunity scholarship shall not be disqualified from
applying therefor in a later academic year so long as all requirements
for eligibility to apply for such award are met.
(d) The award or renewal of a Kansas ethnic minority education
opportunity scholarship shall be on an annual basis and shall be
effective for one academic year unless otherwise terminated.
Sec. 12. K.S.A. 74-3286 is hereby amended to read as follows: 74-
3286. (a) A Kansas ethnic minority education opportunity scholarship
shall provide for payment to a Kansas ethnic minority education
opportunity scholar of an amount in each academic year not to exceed
an amount equal to 75% of the average amount of the total tuition and
required fees of full-time, in-state students. A Kansas ethnic minority
education opportunity scholar may receive a Kansas ethnic minority
education opportunity scholarship for not more than eight semesters of
undergraduate study or the equivalent thereof, except that a Kansas
ethnic minority education opportunity scholar may receive a Kansas
ethnic minority education opportunity scholarship for not more than an
additional two semesters of study or the equivalent thereof when the
requirements of the program in which the scholar is enrolled include
the completion of a fifth year of study. The state board of regents shall
determine the equivalent of a semester when any program period or all
or part of the terms for which a Kansas ethnic minority education
opportunity scholar is awarded a Kansas ethnic minority education
opportunity scholarship are not semesters.
(b) A Kansas ethnic minority education opportunity scholar who is
also eligible to receive a Kansas comprehensive grant or a state
scholarship may be awarded such grant or scholarship, or both, in
addition to a Kansas ethnic minority education opportunity scholarship.
In no event shall the amount awarded to a Kansas ethnic minority
education opportunity scholar under a Kansas ethnic minority
education opportunity scholarship or the total of any amounts awarded
thereunder and under a state scholarship or a Kansas comprehensive SENATE BILL No. 438—page 12
grant, or both, exceed an amount equal to the amount of the scholar's
financial need for the period.
Sec. 13. K.S.A. 74-3287 is hereby amended to read as follows: 74-
3287. The state board of regents shall adopt rules and regulations for
administration of the provisions of this act and shall:
(a) Publicize the Kansas ethnic minority education opportunity
scholarship program and the manner and method of qualifying for
designation as a Kansas ethnic minority education opportunity scholar
and for the award of a Kansas ethnic minority education opportunity
scholarship;
(b) provide application forms;
(c) determine residence, as provided by law, of applicants for
Kansas ethnic minority education opportunity scholarships;
(d) establish a system for identifying and categorizing members of
ethnic minority groups;
(e) determine eligibility of applicants for Kansas ethnic minority
education opportunity scholarships;
(f)(e) determine the evidence deemed necessary to be submitted as
proof of educational ability;
(g)(f) designate Kansas ethnic minority education opportunity
scholars;
(h)(g) notify each person who qualifies for designation as a
Kansas ethnic minority education opportunity scholar and for the
award of a Kansas ethnic minority education opportunity scholarship or
who remains qualified as a Kansas ethnic minority education
opportunity scholar for the renewal of a Kansas ethnic minority
education opportunity scholarship;
(i)(h) approve and award or renew Kansas ethnic minority
education opportunity scholarships;
(j)(i) determine the equivalent of a semester for the purpose of
awarding Kansas ethnic minority education opportunity scholarships
for any program period or term that is not a semester;
(k)(j) define full time full-time enrollment;
(l)(k) provide for apportionment of Kansas ethnic minority
education opportunity scholarships if appropriations therefor are
insufficient for payment in full to all Kansas ethnic minority education
opportunity scholars;
(m)(l) request any eligible institution to furnish any information
relating to and necessary for administration of this act;
(n)(m) determine the average amount of tuition and fees required
of full-time, in-state students for enrollment at the state educational
institutions; and
(o)(n) evaluate the Kansas ethnic minority education opportunity
scholarship program annually, and make a report thereon to the
governor and legislature.
Sec. 14. K.S.A. 74-3288 is hereby amended to read as follows: 74-
3288. In accordance with the rules and regulations of the state board of
regents, each person individual who desires to be designated as a
Kansas ethnic minority education opportunity scholar and to receive a
Kansas ethnic minority education opportunity scholarship shall:
(a) Complete and file an application for a Kansas ethnic minority
education opportunity scholarship;
(b) submit the evidence required as proof of educational ability;
and
(c) report promptly any information requested relating to
administration of this act.
Sec. 15. K.S.A. 74-3289 is hereby amended to read as follows: 74-
3289. (a) Kansas ethnic minority education opportunity scholarships
may be paid annually for two semesters or the equivalent thereof, and SENATE BILL No. 438—page 13
may be allocated equally between the semesters or the equivalent of
semesters, or otherwise, as determined by the state board of regents.
Kansas ethnic minority education opportunity scholarships shall be
paid at a time or times to be determined by the state board of regents
upon certification by an eligible institution that a Kansas ethnic
minority education opportunity scholar is enrolled full time in an
educational program. Payments of Kansas ethnic minority education
opportunity scholarships shall be made upon vouchers approved by the
administrative officer of the state board of regents designated by the
state board and upon warrants of the director of accounts and reports.
Payments of Kansas ethnic minority education opportunity scholarships
may be made by the issuance of a single warrant to each eligible
institution at which where a Kansas ethnic minority education
opportunity scholar is enrolled for the total amount of Kansas ethnic
minority education opportunity scholarships for all Kansas ethnic
minority education opportunity scholars enrolled at that institution. The
director of accounts and reports shall cause such warrant to be
delivered to the eligible institution at which where such scholar or
scholars are enrolled. Upon receipt of such warrant, the eligible
institution shall credit immediately the account of each Kansas ethnic
minority education opportunity scholar enrolled at that institution by an
amount specified by the board of regents for each such scholar.
(b) If a Kansas ethnic minority education opportunity scholar
discontinues attendance before the end of any semester or equivalent
thereof, after an eligible institution has received payment under this
section, the eligible institution shall pay to the state:
(1) The entire amount which that such scholar would otherwise
qualify to have refunded not to exceed the amount of the payment made
under a Kansas ethnic minority education opportunity scholarship for
the semester or equivalent thereof; or
(2) if a Kansas ethnic minority education opportunity scholar has
received payments under any federal program of student assistance in
the semester, the state's pro rata share of the entire amount which that
such scholar would otherwise qualify to have refunded, not to exceed
the amount of the payment made under a Kansas ethnic minority
education opportunity scholarship for the semester or equivalent
thereof.
(c) All amounts paid to the state by an eligible institution under
subsection (b) shall be deposited in the state treasury and credited to the
Kansas ethnic minority education opportunity scholarship discontinued
attendance fund, which. The Kansas education opportunity scholarship
discontinued attendance fund is hereby created. All expenditures from
the Kansas ethnic minority education opportunity scholarship
discontinued attendance fund shall be for Kansas ethnic minority
education opportunity scholarships.
Sec. 16. K.S.A. 74-3292 is hereby amended to read as follows: 74-
3292. As used in this act:
(a) "Committee" means the nursing service scholarship review
committee established under K.S.A. 74-3299, and amendments thereto.
(b) "Executive officer" means the chief executive officer of the
state board of regents appointed under K.S.A. 74-3203a, and
amendments thereto.
(c)(b) "Mental health or treatment facility" means:
(1) Any private treatment facility as such term is defined in K.S.A.
59-29b46, and amendments thereto;
(2) any public treatment facility as such term is defined in K.S.A.
59-29b46, and amendments thereto;
(3) any community mental health center organized pursuant to the
provisions of K.S.A. 19-4001 through 19-4015, and amendments SENATE BILL No. 438—page 14
thereto, and licensed pursuant to K.S.A. 39-2001 et seq., and
amendments thereto;
(4) any mental health clinic organized pursuant to the provisions
of K.S.A. 65-211 through 65-215, and amendments thereto, and
licensed pursuant to K.S.A. 39-2001 et seq., and amendments thereto;
(5) any psychiatric hospital, psychiatric residential treatment
facility or residential care facility as such terms are defined in K.S.A.
39-2002, and amendments thereto;
(6) any hospital as defined in K.S.A. 65-425, and amendments
thereto, provided if:
(A) The hospital has a psychiatric unit; and
(B) the scholarship recipient is required to fulfill the nursing
service scholarship's employment obligations as an employee in the
psychiatric unit of the hospital; or
(7) Osawatomie state hospital, Rainbow mental health facility,
Larned state hospital, Parsons state hospital and training center or the
Kansas neurological institute.
(d) "Rural area" means any county of this state other than
Douglas, Johnson, Sedgwick, Shawnee and Wyandotte counties.
(e)(c) "School of nursing" means a school within the state of
Kansas which that is approved by the state board of nursing to grant an
associate degree or a baccalaureate degree in professional nursing or a
certificate of completion in practical nursing and is:
(1) Under the control and supervision of the state board of regents;
(2) a municipal university; or
(3) a not-for-profit independent institution of higher education that
has its main campus or principal place of operation in Kansas,
maintains open enrollment as such term is defined in K.S.A. 74-32,120,
and amendments thereto, and is operated independently and not
controlled or administered by the state or any agency or subdivision
thereof.
(f)(d) "Sponsor" means any of the following that is located in a
rural opportunity zone as defined in K.S.A. 74-50,222, and
amendments thereto:
(1) An adult care home licensed under the adult care home
licensure act, any K.S.A. 39-923 et seq., and amendments thereto;
(2) a medical care facility licensed under K.S.A. 65-425 et seq.,
and amendments thereto, any;
(3) a home health agency licensed under K.S.A. 65-5101 et seq.,
and amendments thereto, any;
(4) a local health department as defined in K.S.A. 65-241, and
amendments thereto, any;
(5) a mental health or treatment facility; and any
(6) a state agency which that employs licensed practical nurses or
licensed professional nurses.
Sec. 17. K.S.A. 74-3293 is hereby amended to read as follows: 74-
3293. (a) There is hereby established the nursing service scholarship
program. A scholarship may be awarded under the nursing service
scholarship program to any qualified nursing student enrolled in or
admitted to a school of nursing in a course of instruction leading to
licensure as a licensed professional nurse or licensed practical nurse. A
nursing student shall not be required to be a resident of Kansas to
qualify for a scholarship under the nursing service scholarship program.
The number of new scholarships awarded under the nursing service
scholarship program in each year shall not exceed 250. Of this number,
except as otherwise provided in this section, 100 scholarships shall be
awarded to nursing students whose sponsors are located in rural areas
and who are enrolled in a course of instruction leading to licensure as a
registered professional nurse, 50 scholarships shall be awarded to SENATE BILL No. 438—page 15
nursing students enrolled in a course of instruction leading to licensure
as a licensed practical nurse and the remaining 100 scholarships shall
be awarded to any nursing students who have a sponsor and who are
enrolled in a course of instruction leading to licensure as a registered
professional nurse. If all scholarships authorized to be awarded under
this section to nursing students whose sponsors are located in rural
areas have not been awarded by a date established by the state board of
regents, the scholarships which have not been awarded by that date
may be awarded to nursing students who have a sponsor and who are
otherwise qualified to be awarded a scholarship under the nursing
service scholarship program. The determination of the individuals
qualified for such scholarships shall be made by the executive officer
after seeking advice from the committee. Within each scholarship
category prescribed by this subsection, Scholarships shall be awarded
on a priority basis to qualified applicants: (1) Whose sponsor is a
mental health or treatment facility; and (2) who have the greatest
financial need for such scholarships. To the extent practicable and
consistent with the other provisions of this section, consideration shall
be given to minority applicants.
(b) Scholarships awarded under the nursing service scholarship
program shall be awarded for the length of the course of instruction
leading to licensure as a licensed professional nurse or licensure as a
licensed practical nurse in which the student is enrolled in or admitted
to unless otherwise terminated before the expiration of such period of
time. Such scholarships shall provide to a nursing student:
(1) If the nursing student is enrolled in a school of nursing
operated by a state educational institution, an amount not to exceed
70% of the in-state tuition cost of attendance for an academic year at
the school of nursing in which the nursing student is enrolled; or
(2) if the nursing student is enrolled in a school of nursing not
operated by a state educational institution, the lesser of: (A) An amount
not to exceed 70% of the in-state tuition cost of attendance for a year at
the school of nursing in which the nursing student is enrolled; or (B) an
amount not to exceed 70% of the average amount of the in-state tuition
cost of attendance for a year at the schools of nursing operated by the
state educational institutions.
(c) (1) Except as provided in paragraph (2), the amount of each
scholarship shall be established annually by the executive officer and
shall be financed equally by the sponsor of the nursing student and by
the state of Kansas except if:
(1) The sponsor is located in a rural area or is a health care facility
which has less than 100 beds, and is not a mental health or treatment
facility pursuant to K.S.A. 74-3292(c)(1), (c)(5) or (c)(6), and
amendments thereto, the total amount of the scholarship financed by
such sponsor shall not exceed $1,000 and the balance of such amount
shall be paid by the state of Kansas; or
(2) the sponsor is a mental health or treatment facility pursuant to
K.S.A. 74-3292(c)(2), (c)(3), (c)(4) or (c)(7), and amendments thereto,
the amount of the scholarship shall be paid by the state and such
sponsor shall not finance any amount of the scholarship.
(2) If the nursing student has a sponsor, then the amount of the
scholarship for such nursing student shall not exceed the amount
established under paragraph (1) multiplied by 125%.
Sec. 18. K.S.A. 74-3294 is hereby amended to read as follows: 74-
3294. (a) An applicant for a scholarship under the nursing service
scholarship program shall provide to the executive officer, on forms
supplied by the executive officer, the following information:
(1) The name and address of the applicant;
(2) the name and address of the school of nursing in which the SENATE BILL No. 438—page 16
applicant is enrolled or to which the applicant has been admitted;
(3) the name and address of the sponsor of the applicant and a
verified copy of the agreement entered into by the applicant and the
sponsor in accordance with the provisions of the nursing service
scholarship program; and
(4) any additional information which that may be required by the
executive officer.
(b) As a condition to awarding a scholarship under the nursing
service scholarship program, the executive officer and the applicant for
a scholarship shall enter into an agreement which that shall require that
the scholarship recipient:
(1) Complete the required course of instruction and, within six
months after completion, attain licensure with the Kansas state board of
nursing as a licensed professional nurse or a licensed practical nurse;
(2) complete the free application for federal student aid for each
academic year for which scholarship funds are awarded under the
agreement;
(3) within six months after attaining licensure, engage in the full-
time practice of nursing, or the equivalent to full-time practice, in the
employment of the sponsor in accordance with the agreement entered
into by the scholarship recipient and the sponsor Kansas and continue
such full-time practice, or the equivalent to full-time practice, for the
total amount of time required under the agreement, which shall be for a
period of not less than the length of the course of instruction for which
scholarship assistance was provided, or engage in the part-time practice
of nursing in the employment of the sponsor in accordance with the
agreement entered into by the scholarship recipient and the sponsor
Kansas and continue such part-time practice for the total amount of
time required under the agreement, which shall be for a period of time
that is equivalent to full time, as determined by the state board of
regents, multiplied by the length of the course of instruction for which
scholarship assistance was provided. If the scholarship recipient has a
sponsorship agreement, then the scholarship recipient shall engage in
the practice of nursing in the employment of such sponsor in
accordance with such sponsorship agreement for the period of time
required under this paragraph, except as provided in K.S.A. 74-3296,
and amendments thereto;
(3)(4) commence the full-time practice of nursing, or the
equivalent to full-time practice, or the part-time practice of nursing,
within six months after registration in accordance with the agreement
entered into by the scholarship recipient and the sponsor, continue such
practice for the total amount of time required under the agreement, and
comply with such other terms and conditions as may be specified by
such agreement;
(4)(5) maintain records and make reports to the executive officer
as may be required by the executive officer to document the satisfaction
of the obligations under the nursing service scholarship program and
under agreements entered into with the sponsor pursuant thereto and
with the sponsor, if any; and
(5)(6) upon failure to satisfy an agreement to engage in the full-
time practice of nursing, or the equivalent to full-time practice, or the
part-time practice of nursing, for the required period of time under any
such agreement, the requirements of the agreement with the state board
of regents, repay to the state and to the sponsor the amounts as provided
in K.S.A. 74-3295, and amendments thereto.
(c) Upon the awarding of a scholarship under the nursing service
scholarship program, the sponsor shall pay to the executive officer the
amount of such scholarship to be financed by the sponsor, if any. Each
such amount shall be deposited in the nursing service scholarship SENATE BILL No. 438—page 17
program fund in accordance with K.S.A. 74-3298, and amendments
thereto.
(d) The sponsorship by a scholarship recipient may be transferred
from one sponsor to another upon the agreement of the original
sponsor, the scholarship recipient and the sponsor to which the
sponsorship is to be transferred. The terms, conditions and obligations
of the transferred agreement shall be substantially similar to the terms,
conditions and obligations of the original agreement. No sponsorship
shall be transferred unless the agreement transferring such sponsorship
provides for service in a rural area or in a mental health or treatment
facility and is approved by the executive officer as consistent with the
provisions of the nursing service scholarship program and as consistent
with any rules and regulations relating thereto adopted by the state
board of regents in accordance with the provisions of K.S.A. 74-3297,
and amendments thereto.
Sec. 19. K.S.A. 74-3295 is hereby amended to read as follows: 74-
3295. (a) Except as provided in K.S.A. 74-3296, and amendments
thereto, upon the failure of any person to satisfy the obligation under
any agreement entered into pursuant to the nursing service scholarship
program, such person shall pay to the executive officer an amount
equal to the total amount of money received by such person pursuant to
such agreement which that was financed by the state of Kansas plus
accrued interest at a rate which is equivalent to the interest rate
applicable to loans made under the federal PLUS program at the time
such person first entered into an agreement plus five percentage points
and shall pay to the sponsor an amount equal to the total amount of
money received by such person pursuant to such agreement which was
financed by the sponsor plus accrued interest at a rate which is
equivalent to the interest rate applicable to loans made under the federal
PLUS program at the time such person first entered into an agreement
plus five percentage points of 5% per annum. Interest shall begin to
accrue on the date of the action or circumstances that cause such
person to fail to satisfy the obligations of such agreement, as
determined by the executive officer based upon the circumstances of
each individual case. Installment payments of any such amounts may
be made in accordance with the provisions of agreements entered into
by the scholarship recipient and the sponsor or if no such provisions
exist in such agreements, in accordance with rules and regulations of
the state board of regents, except that. Such installment payments shall
commence six months after the date of the action or circumstances that
cause the failure of the person to satisfy the obligations of such
agreements, as determined by the executive officer based upon the
circumstances of each individual case on which interest begins to
accrue. Amounts paid under this section to the executive officer shall
be deposited in the nursing service scholarship repayment fund in
accordance with K.S.A. 74-3298, and amendments thereto.
(b) The state board of regents is authorized to turn any repayment
account arising under the nursing service scholarship program over to a
designated loan servicer or collection agency, the state not being
involved other than to receive payments from the loan servicer or
collection agency at the interest rate prescribed under this section.
Sec. 20. K.S.A. 74-3296 is hereby amended to read as follows: 74-
3296. (a) (1) Except as otherwise specified in the agreement with the
sponsor, an obligation under any agreement entered into under the
nursing student scholarship program shall be postponed:
(1)(A) During any required period of active military service;
(2)(B) during any period of service as a part of volunteers in
service to America (VISTA);
(3)(C) during any period of service in the peace corps; SENATE BILL No. 438—page 18
(4)(D) during any period of service commitment to the United
States public health service;
(5)(E) during any period of religious missionary work conducted
by an organization exempt from tax under section 501(c)(3) of the
federal internal revenue code as in effect on December 31, 2000 July 1,
2024;
(6)(F) during any period of time the person obligated is unable
because of temporary medical disability to practice nursing;
(7)(G) during any period of time the person obligated is enrolled
and actively engaged on a full-time basis in a course of study leading to
a degree in the field of nursing which that is higher than that attained
formerly by the person obligated;
(8)(H) during any period of time that the person obligated is on
job-protected leave under the federal family and medical leave act of
1993; or
(9)(I) during any period of time the state board of regents
determines that the person obligated is unable because of special
circumstances to practice nursing.
(2) Except for clauses (6), (8) and (9) paragraphs (1)(F), (1)(H)
and (1)(I), an obligation under any agreement entered into as provided
in the nursing service scholarship program shall not be postponed more
than five years from the time the obligation was to have been
commenced under any such agreement.
(3) An obligation under any agreement entered into as provided in
the nursing service scholarship program shall be postponed under
clause (6) paragraph (1)(F) during the period of time the medical
disability exists.
(4) An obligation under any agreement entered into as provided in
the nursing service scholarship program shall be postponed under
clause (8) paragraph (1)(H) during the period of time the person
obligated remains on FMLA leave.
(5) An obligation under any agreement entered into as provided in
the nursing service scholarship program shall be postponed under
clause (9) paragraph (1)(I) during the period of time the state board of
regents determines that the special circumstances exist.
(6) The state board of regents shall adopt rules and regulations
prescribing criteria or guidelines for determination of the existence of
special circumstances causing an inability to satisfy an obligation under
any agreement entered into as provided in the nursing service
scholarship program, and shall determine the documentation required to
prove the existence of such circumstances. Except for clauses (1), (6),
(8) and (9) paragraphs (1)(A), (1)(F), (1)(H) and (1)(I), an obligation
under any agreement entered into as provided in the nursing service
scholarship program shall not be postponed unless the postponement is
approved by the scholarship recipient's sponsor, if any, or is otherwise
provided for in the an agreement with the sponsor.
(b) An obligation under any agreement entered into as provided in
the nursing service scholarship program shall be satisfied if:
(1) If The obligation has been completed in accordance with the
agreement;
(2) if the person obligated dies;
(3) if, because of permanent physical disability, the person
obligated is unable to satisfy the obligation;
(4) if the person obligated fails to satisfy the requirements for
graduation from the school of nursing after making the best effort
possible to do so; and
(5) if the person obligated fails to satisfy all requirements for a
permanent license to practice nursing in Kansas or has been denied a
license after applying for a license and making the best effort possible SENATE BILL No. 438—page 19
to obtain such license; (6) if, because of bankruptcy, loss of licensure or
certification or other failure in the operations of the sponsor, the
sponsor cannot or will not employ the person obligated; or (7) if the
sponsor releases the person obligated from employment with the
sponsor and the person obligated otherwise completes the terms,
conditions and obligations of the agreement by engaging in the practice
of nursing in Kansas.
(c) (1) An obligation under any sponsorship agreement shall be
satisifed if:
(A) Because of bankruptcy, loss of licensure or certification or
other failure in the operations of the sponsor, such sponsor cannot or
will not employ the person obligated; or
(B) the sponsor releases the person obligated from employment
with such sponsor.
(2) Notwithstanding the provisions of paragraph (1), the person
obligated shall still be required to complete the terms, conditions and
obligations of the agreement with the state board of regents by
engaging in the practice of nursing in Kansas.
Sec. 21. K.S.A. 74-3297 is hereby amended to read as follows: 74-
3297. (a) The state board of regents, after consultation with the
committee, may adopt rules and regulations establishing minimum
terms, conditions and obligations which shall be incorporated into the
provisions of any agreement entered into between a sponsor and the
recipient of a scholarship under the nursing service scholarship
program. The terms, conditions and obligations shall be consistent with
the provisions of law relating to the nursing service scholarship
program. The terms, conditions and obligations so established shall
include, but not be limited to, the terms of eligibility for financial
assistance under the nursing service scholarship program, the amount
of financial assistance to be offered, the length of employment with the
sponsor required as a condition to the receipt of such financial
assistance, the circumstances under which the employment obligation
may be discharged or forgiven, the amount of money required to be
repaid because of failure to satisfy the obligations under an agreement
and the method of repayment and such other additional provisions as
may be necessary to carry out the provisions of the nursing service
scholarship program. The state board of regents, after consultation with
the committee, shall adopt rules and regulations as necessary to
administer the nursing service scholarship program.
(b) The state board of regents shall provide an annual written
report on the nursing service scholarship program to the senate and
house committees on education.
Sec. 22. K.S.A. 74-3298 is hereby amended to read as follows: 74-
3298. (a) There is hereby created in the state treasury the nursing
service scholarship program fund. The executive officer shall remit all
moneys received from sponsors, which are paid under K.S.A. 74-3294,
and amendments thereto, pursuant to scholarship awards, or from a
school of nursing, which that are paid because of nonattendance or
discontinued attendance by scholarship recipients, to the state treasurer
in accordance with the provisions of K.S.A. 75-4215, and amendments
thereto. Upon receipt of each such remittance, the state treasurer shall
deposit the entire amount in the state treasury to the credit of the
nursing service scholarship program fund. All expenditures from the
nursing service scholarship program fund shall be for scholarships
awarded under the nursing service scholarship program or refunds to
sponsors and shall be made in accordance with appropriation acts upon
warrants of the director of accounts and reports issued pursuant to
vouchers approved by the executive officer or by a person designated
by the executive officer. SENATE BILL No. 438—page 20
(b) The nursing student scholarship discontinued attendance fund
is hereby abolished. On the effective date of this act, the director of
accounts and reports shall transfer all moneys remaining in the nursing
student scholarship discontinued attendance fund to the nursing service
scholarship program fund.
(c) There is hereby created in the state treasury the nursing service
scholarship repayment fund. The executive officer shall remit all
moneys received for amounts paid under K.S.A. 74-3295, and
amendments thereto, to the state treasurer in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt
of each such remittance the state treasurer shall deposit the entire
amount in the state treasury to the credit of the nursing service
scholarship repayment fund. All expenditures from the nursing service
scholarship repayment fund shall be for scholarships awarded under the
nursing service scholarship program and shall be made in accordance
with appropriation acts upon warrants of the director of accounts and
reports issued pursuant to vouchers approved by the executive officer
or by a person designated by the executive officer.
Sec. 23. K.S.A. 2023 Supp. 74-32,267 is hereby amended to read
as follows: 74-32,267. (a) There is hereby established the AO-K to
work program. The provisions of this program shall apply to all adult
education programs in the state.
(b) As used in this section:
(1) "AO-K" or "accelerating opportunity: Kansas" means a career
pathways program model that assists students in obtaining a high
school equivalency, becoming ready for transferable college-level
courses and earning an industry credential.
(2) "Career readiness assessment" means an assessment approved
by the state board of regents to measure foundational skills required for
success in the workplace and workplace skills that affect job
performance.
(3) "Career readiness certificate" means a certificate that uses a
career readiness assessment approved by the state board of regents to
document an individual's skills in applied math, graphic literacy and
workplace documents.
(4) "Community college" means a community college as defined
in K.S.A. 71-701, and amendments thereto.
(5) "Industry recognized credential" means a credential recognized
by multiple employers across an industry as determined by the state
board of regents.
(6) "Kansas adult education program" means any educational
institution or approved agency that receives adult education funding
through the state board of regents; provides adult education or English
language acquisition programs; serves Kansas adults aged 16 and over
who are in need of basic skills for the workforce, community
participation and family life; and prepares adults for achieving industry
recognized credentials and college certificates and degrees.
(7) "Qualified student" means an individual who has:
(A) Attained the age of 21 years of age;
(B) not been awarded a high school diploma;
(C) been accepted into a Kansas adult education program;
(D) demonstrated high school equivalency by meeting the criteria
established by the state board of regents pursuant to this section; and
(E) declared an AO-K career pathway interest.
(8) "Technical college" means a technical college as such term is
defined in K.S.A. 71-1802, and amendments thereto.
(c) The state board of regents shall award a Kansas high school
equivalency credential to any qualified student who:
(1) Is recommended and approved to participate in a AO-K career SENATE BILL No. 438—page 21
pathway approved by the state board of regents for college credit;
(2) successfully completes an approved AO-K career pathway and
receives the industry-recognized credential appropriate to the
completed pathway;
(3) takes a career readiness assessment and earns a career
readiness certificate at a level approved by the state board of regents;
and
(4) satisfies any other requirements deemed necessary by the state
board of regents.
(d) (1) While participating in the enrolled in an AO-K to work
program, qualified all students shall be provided reasonable access to
all available student resources of the adult education program, the
participating technical or community college and the appropriate
community partners, including, but not limited to, appropriate academic
support, barrier mitigation, employment or career assistance, books,
tools and personal materials required to participate in an AO-K career
pathway program and industry examinations.
(2) Subject to appropriations, financial assistance the amount of a
state payment for books, tools, personal materials and industry
examinations shall be the aggregate amount of the cost of books, tools,
personal materials and industry examinations for the career pathway
program at the technical college or community college where such
student is enrolled and receiving assistance minus the aggregate
amount of all other aid awarded to such student. The amount of
financial assistance such payment provided for each student shall not
exceed $500 over the lifetime of the student.
(e) Each application to the state board of regents for issuance or
duplication of a Kansas high school equivalency credential shall be
accompanied by a fee established by the state board of regents in an
amount of not more than $25. On or before June 1 of each year, the
state board of regents shall determine the amount of revenue required
to properly administer the provisions of this section during the next
ensuing fiscal year and shall establish the Kansas high school
equivalency credentials processing fee for such year in the amount
deemed necessary for such purposes. Such fee shall become effective
on the succeeding July 1 of each year. The state board of regents shall
remit all moneys received by or for it from Kansas high school
equivalency credentials processing fees to the state treasurer in
accordance with the provisions of K.S.A. 75-4215, and amendments
thereto. Upon receipt of each such remittance, the state treasurer shall
deposit the entire amount in the state treasury to the credit of the
Kansas high school equivalency credential processing fees fund, which
fund is hereby established in the state treasury, and shall be used only
for the payment of expenses connected with the processing, issuance,
or duplication of Kansas high school equivalency credentials, and for
the keeping of records by the state board of regents. All expenditures
from the Kansas high school equivalency credential processing fees
fund shall be made in accordance with appropriation acts upon warrants
of the director of accounts and reports issued pursuant to vouchers
approved by the state board of regents or by a person or persons
designated by the state board.
(f) The state board of regents may adopt rules and regulations to
implement and administer the provisions of this act.
Sec. 24. K.S.A. 2023 Supp. 75-4364 is hereby amended to read as
follows: 75-4364. (a) This section shall be known and may be cited as
the Kansas hero's scholarship act.
(b) As used in this section:
(1) "Accident" means an undesigned, sudden and unexpected
traumatic event, usually of an afflictive or unfortunate nature and often, SENATE BILL No. 438—page 22
but not necessarily, accompanied by a manifestation of force. An
"accident" shall be identifiable by the time and place of occurrence,
produce at the time symptoms of an injury and occur during a single
work shift. The "accident" shall be the prevailing factor in causing the
injury.
(2) "Covered person" means a public safety officer or Kansas
resident in military service to whom this section applies.
(3) "Dependent" means: (A) A birth child, adopted child or
stepchild; or (B) any child other than the foregoing who is actually
dependent in whole or in part on the individual and who is related to
such individual by marriage or consanguinity.
(4) "Emergency medical service provider" means the same as
defined in K.S.A. 65-6112, and amendments thereto.
(5) "Fees" mean means those charges required by an institution to
be paid by every student as a condition of enrollment. "Fees" do does
not include all other charges associated with the student's academic
program or living costs.
(6) "Firefighter" means a person who is: (A) Employed by any
city, county, township or other political subdivision of the state and
who is assigned to the fire department thereof and engaged in the
fighting and extinguishment of fires and the protection of life and
property therefrom; or (B) a volunteer member of a fire district, fire
department or fire company.
(7) "Injured or disabled" means that the covered person, because
of the injury or disability, has been rendered incapable of performing
the duties of the following:
(A) The position being performed at the time the injury or
disability was sustained; and
(B) any position that is at or above the pay level of the position the
covered person was in at the time the injury or disability was sustained,
if the covered person is a paid employee.
(8) "Injury" and "disability" mean any lesion or change in the
physical structure of the body causing damage or harm thereto that is
not transitory or minor. "Injury" and "disability" shall occur only by
accident, intentional act of violence or repetitive trauma.
(9) (A) "Intentional act of violence" means one or a combination
of the following:
(i) A deliberate act by a third party that results in inflicting harm
on a covered person while such person is performing those duties; or
(ii) a deliberate act by a covered person in the reasonable
performance of duties as a covered person that results in the infliction
of harm on the covered person.
(B) An "intentional act of violence" shall be identifiable by the
time and place of occurrence, produce at the time symptoms of an
injury and occur during a single work shift. The "intentional act of
violence" shall be the prevailing factor in causing the injury.
(C) "Intentional act of violence" does not include repetitive trauma
in any form.
(10) "Kansas postsecondary educational institution" means and
includes community colleges, the municipal university, state
educational institutions, the institute of technology at Washburn
university and technical colleges.
(11) "Law enforcement officer" means a person who by virtue of
office or public employment is vested by law with a duty to maintain
public order or to make arrests for violation of the laws of the state of
Kansas or ordinances of any municipality thereof or with a duty to
maintain or assert custody or supervision over persons accused or
convicted of crime, and includes wardens, superintendents, directors,
security personnel, officers and employees of adult and juvenile SENATE BILL No. 438—page 23
correctional institutions, jails or other institutions or facilities for the
detention of persons accused or convicted of crime, while acting within
the scope of their authority.
(12) "Military service" means any active service in any armed
service of the United States and any active state or federal service in the
Kansas army or air national guard.
(13) "Nature of the employment" means that, to the occupation,
trade or employment in which the covered person was engaged, there is
attached a particular and peculiar hazard of the injury or disability that
distinguishes the performance of job duties from other occupations and
employments and that creates a hazard of such injury or disability in
excess of the hazard of the injury or disability in general.
(14) "Prisoner of war" means any person who was a resident of
Kansas at the time the person entered service of the United States
armed forces and who, while serving in the United States armed forces,
has been declared to be a prisoner of war, as established by the United
States secretary of defense, after January 1, 1960.
(15) "Public safety employee" means any employee of a law
enforcement office, sheriff's department, municipal fire department,
volunteer and non-volunteer fire protection association, emergency
medical services provider or correctional institution of the department
of corrections.
(16) "Public safety officer" means a law enforcement officer, a
firefighter, an emergency medical service provider or a public safety
employee.
(17) (A) "Repetitive trauma" means the cause of an injury that
occurs as a result of repetitive use, cumulative traumas or
microtraumas. The repetitive nature of the injury shall be demonstrated
by diagnostic or clinical tests. The "repetitive trauma" shall be the
prevailing factor in causing the injury.
(B) For purposes of the educational benefit conferred by this
section, "repetitive trauma" includes only an injury arising out of the
performing of duties and resulting from the nature of the employment
in which a covered person was engaged and that was actually
contracted while so engaged. The injury shall appear to have had its
origin in a special risk of the injury connected with the particular type
of employment and to have resulted from that source as a reasonable
consequence of the risk. Ordinary injuries of life and conditions to
which the general public is or could be exposed outside of the
particular employment, and hazards of injuries and conditions attending
employment in general, shall not qualify as "repetitive trauma."
(18) "Resident of Kansas" means a person who is a domiciliary
resident as defined by K.S.A. 76-729, and amendments thereto.
(19) "Spouse" means the spouse of a public safety officer or
member of the military service who has not remarried.
(20) "State board" means the state board of regents.
(c) (1) Up to the aggregate limit for such financial assistance
established for each academic year by the state board of regents based
on the annual appropriated amounts for the reimbursements paid
pursuant to subsection (d), every Kansas postsecondary educational
institution shall provide for enrollment without charge of tuition or fees
for:
(A) Any eligible dependent or spouse of a public safety officer
who:
(i) Was injured or disabled while performing duties as a public
safety officer; or
(ii) died as the result of injury sustained while performing duties
as a public safety officer;
(B) any dependent or spouse of any resident of Kansas who: SENATE BILL No. 438—page 24
(i) Died or was injured or disabled on or after September 11, 2001,
while, and as a result of, serving in military service;
(ii) sustained a service-connected injury or disability that
rendered the servicemember incapable of continuing such
servicemember's military service; or
(ii)(iii) is entitled to compensation from the United States
department of veterans affairs for a service-connected disability of at
least 80% because of a public statute administered by the department of
veterans affairs or a military department as a result of injuries or
accidents sustained in combat after September 11, 2001; and
(C) any prisoner of war.
(2) Any such dependent or spouse and any prisoner of war shall be
eligible for enrollment at a Kansas postsecondary educational
institution without charge of tuition or fees for not to exceed 10
semesters of undergraduate instruction, or the equivalent thereof, at all
such institutions.
(d) Subject to appropriations therefor, any Kansas postsecondary
educational institution, at which enrollment, without charge of tuition
or fees, of a prisoner of war or a dependent or spouse is provided for
under subsection (b) (c), may file a claim with the state board for
reimbursement of the amount of such tuition and fees. In any fiscal
year, such reimbursement shall not exceed a total of $500,000. The
state board shall include in its budget estimates pursuant to K.S.A. 75-
3717, and amendments thereto, a request for appropriations to cover
tuition and fee claims pursuant to this section. The state board shall be
responsible for payment of reimbursements to Kansas postsecondary
educational institutions upon certification by each such institution of
the amount of reimbursement to which such institution is entitled.
Payments to Kansas postsecondary educational institutions shall be
made upon vouchers approved by the state board, or the state board's
designee, and upon warrants of the director of accounts and reports.
Payments may be made by issuance of a single warrant to each Kansas
postsecondary educational institution at which one or more eligible
dependents or spouses or prisoners of war are enrolled for the total
amount of tuition and fees not charged for enrollment at that institution.
The director of accounts and reports shall cause such warrant to be
delivered to the Kansas postsecondary educational institution at which
any such eligible dependents or spouses or prisoners of war are
enrolled. If an eligible dependent or spouse or prisoner of war
discontinues attendance before the end of any semester, after the
Kansas postsecondary educational institution has received payment
under this subsection, the such institution shall pay to the state the
entire amount that such eligible dependent or spouse or prisoner of war
would otherwise qualify to have refunded, not to exceed the amount of
the payment made by the state in behalf of such dependent or spouse or
prisoner of war for the semester. All amounts paid to the state by
Kansas postsecondary educational institutions under this subsection
shall be deposited in the state treasury and credited to the state general
fund.
(e) The state board shall adopt rules and regulations for
administration of the provisions of this section and shall determine the
qualification of persons as dependents and spouses of public safety
officers or United States military personnel and the eligibility of such
persons for the benefits provided for under this section.
Sec. 25. K.S.A. 74-3284, 74-3285, 74-3286, 74-3287, 74-3288,
74-3289, 74-3292, 74-3293, 74-3294, 74-3295, 74-3296, 74-3297, 74-
3298 and 74-3299 and K.S.A. 2023 Supp. 72-5170, 74-32,267 and 75-
4364 are hereby repealed. SENATE BILL No. 438—page 25
Sec. 26. This act shall take effect and be in force from and after its
publication in the Kansas register.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE adopted
Conference Committee Report ________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
HOUSE adopted
Conference Committee Report ________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.