Kansas 2023-2024 Regular Session

Kansas Senate Bill SB438 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Session of 2024
1	2		SENATE BILL No. 438
2		-	AN ACT concerning education; making and concerning appropriations for the fiscal year
3		-	ending June 30, 2025, for the state board of regents; establishing the Kansas blueprint
4		-	for literacy and the literacy advisory committee; directing the state board of regents
5		-	to appoint a director of literacy education and develop a comprehensive assessment
6		-	system; requiring the state board of regents and the state board of education to
7		-	collaborate on a literacy micro-credential and professional development; providing
8		-	university presidents and deans of education oversight over postsecondary literacy
9		-	courses; requiring a plan to establish centers of excellence in reading; requiring the
10		-	state board of education to submit annual reports to the legislature on certain statistics
11		-	of students who take the statewide assessments; establishing the Kansas education
12		-	opportunity scholarship program to replace the Kansas ethnic minority scholarship
13		-	program; removing limits on Kansas nursing service scholarship awards and
14		-	modifying the interest rate terms and repayment obligations for such awards;
15		-	abolishing the nursing service scholarship review committee; eliminating the
16		-	requirement to subtract other aid from the state payment for the AO-K program;
17		-	modifying financial limitations on Kansas hero's scholarship awards and broadening
18		-	eligibility requirements for such awards; amending K.S.A. 74-3284, 74-3285, 74-
19		-	3286, 74-3287, 74-3288, 74-3289, 74-3292, 74-3293, 74-3294, 74-3295, 74-3296,
20		-	74-3297 and 74-3298 and K.S.A. 2023 Supp. 72-5170, 74-32,267 and 75-4364 and
21		-	repealing the existing sections; also repealing K.S.A. 74-3299.
22		-	WHEREAS, Kansas is experiencing unprecedented economic
23		-	growth. By the year 2030, Kansas will add 54,000 new jobs, 80% of
24		-	which will require a bachelor's degree or higher. At the same time, the
25		-	state is at a crucial moment when a comprehensive approach to
26		-	equipping Kansas educators with training in the science of reading,
27		-	structured literacy and literacy screening and assessment tools is
28		-	essential; and
29		-	WHEREAS, It is imperative that we leverage our strengths and
30		-	ensure that we lead the nation in producing highly literate talent to lead
31		-	our communities and state forward; and
32		-	WHEREAS, Making literacy a priority is without a doubt one of the
33		-	most important and impactful investments that we can make to help
34		-	families, support businesses and continue to advance economic
35		-	prosperity for all Kansans.
36		-	Now, therefore:
	3	+	By Committee on Education
	4	+	2-1
	5	+	AN ACT concerning postsecondary education; relating to the AO-K
	6	+	program; eliminating the requirement to subtract other aid from the
	7	+	state payment; amending K.S.A. 2023 Supp. 74-32,267 and repealing
	8	+	the existing section.
37	9		Be it enacted by the Legislature of the State of Kansas:
38		-	New Section 1.
39		-	STATE BOARD OF REGENTS
40		-	(a) There is appropriated for the above agency from the state
41		-	general fund for the fiscal year ending June 30, 2025, the following:
42		-	Kansas blueprint for literacy.................................................$10,000,000
43		-	Provided, That expenditures shall be made by the above agency from
44		-	such account in accordance with the Kansas blueprint for literacy:
45		-	Provided further, That on or before September 1, 2024, the executive
46		-	officer of the state board of regents shall certify to the director of the
47		-	budget that each of the following research educational institutions has
48		-	implemented two three-credit hour applied application courses and
49		-	included such courses within the approved graduation requirements to
50		-	earn a degree in elementary education and has implemented a common
51		-	performance-based assessment for such courses on or before August
52		-	2024: The university of Kansas, Kansas state university and Wichita
53		-	state university: Provided, however, That if the executive officer does
54		-	not certify that the university of Kansas, Kansas state university and
55		-	Wichita state university have implemented such courses and assessment
56		-	on or before August 2024, then on September 1, 2024, of the
57		-	$10,000,000 appropriated for the above agency from the state general
58		-	fund in the Kansas blueprint for literacy account, the sum of
59		-	$1,000,000 per institution that did not implement such courses and
60		-	assessment is hereby lapsed: And provided further, That on or before
61		-	September 1, 2024, the executive officer shall certify to the director of
62		-	the budget that each of the following regional educational institutions SENATE BILL No. 438—page 2
63		-	has implemented two three-credit hour applied application courses and
64		-	included such courses within the approved graduation requirements to
65		-	earn a degree in elementary education and has implemented a common
66		-	performance-based assessment for such courses on or before August
67		-	2024: Emporia state university, Fort Hays state university and Pittsburg
68		-	state university: And provided, however, That if the executive officer
69		-	does not certify that Emporia state university, Fort Hays state university
70		-	and Pittsburg state university have implemented such courses and
71		-	assessment on or before August 2024, then on September 1, 2024, of
72		-	the $10,000,000 appropriated for the above agency from the state
73		-	general fund in the Kansas blueprint for literacy account, the sum of
74		-	$500,000 per institution that did not implement such courses and
75		-	assessment is hereby lapsed: And provided, however, That no
76		-	expenditures shall be made by the above agency or any university from
77		-	such account for the development of such courses or assessments: And
78		-	provided further, That, at the same time as the executive officer
79		-	transmits a copy of such certifications to the director of the budget, the
80		-	executive officer shall transmit a copy of such certifications to the
81		-	director of legislative research.
82		-	New Sec. 2. (a) Sections 2 through 8, and amendments thereto,
83		-	shall be known and may be cited as the Kansas blueprint for literacy.
84		-	(b) Each provision of sections 2 through 8, and amendments
85		-	thereto, that requires the expenditure of moneys shall be subject to
86		-	legislative appropriations therefor.
87		-	(c) As used in sections 2 through 8, and amendments thereto:
88		-	(1) "In-service" means a licensed individual who is employed by a
89		-	school district or accredited nonpublic school as a teacher.
90		-	(2) "Postsecondary educational institution" means:
91		-	(A) A state educational institution as defined in K.S.A. 76-711,
92		-	and amendments thereto;
93		-	(B) a municipal university; and
94		-	(C) any not-for-profit institution of postsecondary education that
95		-	has its main campus or principal place of operation in Kansas, is
96		-	operated independently and not controlled or administered by a state
97		-	agency or subdivision of this state, maintains open enrollment and is
98		-	accredited by a nationally recognized accrediting agency for higher
99		-	education in the United States.
100		-	(3) "Pre-service" means an individual who is receiving the
101		-	education and training to become a licensed teacher but is not yet
102		-	licensed.
103		-	(4) "Science of reading" means the teaching of reading using
104		-	evidence-based research that includes phonemic awareness, phonics,
105		-	fluency, vocabulary and comprehension.
106		-	(5) "Structured literacy" means the application of knowledge from
107		-	the science of reading that teaches reading in an evidence-based and
108		-	systematic way.
109		-	New Sec. 3. (a) There is hereby established a literacy advisory
110		-	committee. The committee shall be composed of:
111		-	(1) 15 voting members as follows:
112		-	(A) The director of literacy education, appointed pursuant to
113		-	section 4, and amendments thereto, who shall serve as chairperson of
114		-	the committee;
115		-	(B) one member appointed by the governor;
116		-	(C) one member of the house of representatives or a literacy
117		-	expert appointed by the speaker of the house of representatives;
118		-	(D) one member of the house of representatives or a literacy
119		-	expert appointed by the minority leader of the house of representatives;
120		-	(E) one member of the senate or a literacy expert appointed by the
121		-	president of the senate; SENATE BILL No. 438—page 3
122		-	(F) one member of the senate or a literacy expert appointed by the
123		-	minority leader of the senate;
124		-	(G) one member appointed by and representing the Kansas
125		-	national education association;
126		-	(H) one member appointed by and representing a school of
127		-	education from Emporia state university, Fort Hays state university or
128		-	Pittsburg state university;
129		-	(I) one member appointed by and representing a school of
130		-	education from the university of Kansas, Kansas state university or
131		-	Wichita state university;
132		-	(J) one member appointed by and representing Washburn
133		-	university school of education;
134		-	(K) one member appointed by the Kansas association of
135		-	community colleges to represent community colleges;
136		-	(L) one member appointed by the Kansas independent colleges
137		-	association to represent a not-for-profit institution of postsecondary
138		-	education school or college of education;
139		-	(M) one member appointed by the state board of education;
140		-	(N) one member of the state board of regents appointed by the
141		-	state board of regents; and
142		-	(O) one member who is an English for speakers of other languages
143		-	literacy expert appointed by the united school administrators of Kansas;
144		-	and
145		-	(2) nonvoting members as follows:
146		-	(A) The commissioner of education or the commissioner's
147		-	designee; and
148		-	(B) any number of members appointed by the director of literacy
149		-	education pursuant to section 4, and amendments thereto.
150		-	(b) (1) Members shall be appointed on or before July 1, 2024.
151		-	(2) Except for the director of literacy education, voting members
152		-	shall serve for a term of four years.
153		-	(3) Any vacancy in the membership of the committee shall be
154		-	filled by appointment in the same manner prescribed by this section for
155		-	the original appointment.
156		-	(4) A quorum of the committee shall be a majority of the voting
157		-	members. All actions of the committee may be taken by a majority of
158		-	the voting members present when there is a quorum.
159		-	(5) The committee may meet at any time and at any place within
160		-	the state upon the call of the chairperson.
161		-	(6) If any member of the committee fails to attend three meetings
162		-	of the committee within any 12-month period, such member's
163		-	appointment shall terminate and a new member shall be appointed in
164		-	the same manner prescribed by this section for the original
165		-	appointment.
166		-	(c) The literacy advisory committee shall:
167		-	(1) Monitor progress of literacy training for in-service and pre-
168		-	service teachers and literacy education of elementary and secondary
169		-	students;
170		-	(2) designate best practices for literacy training for in-service and
171		-	pre-service teachers and literacy education of elementary and
172		-	secondary students;
173		-	(3) be responsible for the attainment of the transformational goal
174		-	to have 100% of the Kansas special education, English for speakers of
175		-	other languages and elementary teacher workforce achieve a micro-
176		-	credential in the science of reading and structured literacy by 2030,
177		-	leading to at least 50% of students in each of the grades three through
178		-	eight achieving level 3 or above and at least 90% of students in each of
179		-	the grades three through eight achieving level 2 or above on the English
180		-	language arts state assessment by 2033; SENATE BILL No. 438—page 4
181		-	(4) make recommendations to the director of literacy education;
182		-	(5) make recommendations to the state board of education, the
183		-	state board of regents and the postsecondary educational institution
184		-	presidents or chancellors on:
185		-	(A) Literacy training for in-service and pre-service teachers and
186		-	literacy education of elementary and secondary students; and
187		-	(B) reading instruction methods based on the science of reading;
188		-	(6) make recommendations to the house of representatives
189		-	standing committee on education and the senate standing committee on
190		-	education on the implementation of the goals of the Kansas blueprint
191		-	for literacy and any changes necessary to achieve such goals;
192		-	(7) (A) submit a progress report to the legislature on:
193		-	(i) English language arts state assessment scores for each grade
194		-	level and all defined subgroups, including, but not limited to, English
195		-	language learners, students receiving free meals pursuant to the
196		-	national school lunch act, students in the custody of the secretary for
197		-	children and families and race and ethnicity subgroups;
198		-	(ii) literacy training for in-service and pre-service teachers; and
199		-	(iii) the literacy advisory committee's goals and requirements
200		-	provided in the Kansas blueprint for literacy;
201		-	(B) Such progress report shall be provided at the following times
202		-	each calendar year:
203		-	(i) Once on or before February 1 to the senate committee on
204		-	education and the house of representatives committee on education;
205		-	(ii) once on or before May 1 to the senate committee on education
206		-	and the house of representatives committee on education; and
207		-	(iii) once on or before December 1 to any interim, special, or
208		-	select committee, task force or commission that has membership that
209		-	includes legislators, is related to education, has been approved by the
210		-	legislative coordinating council and requests such report; and
211		-	(8) submit a plan to the state board of regents and the legislature,
212		-	including the house of representatives standing committee on education
213		-	and the senate standing committee on education, on the establishment
214		-	of centers of excellence in reading pursuant to section 8, and
215		-	amendments thereto, on or before January 1, 2025.
216		-	(d) The committee shall be subject to the Kansas open records act,
217		-	K.S.A. 45-419 et seq., and amendments thereto, and the Kansas open
218		-	meetings act, K.S.A. 75-4317 et seq., and amendments thereto. The
219		-	committee shall publish each meeting agenda and any available
220		-	meeting documents online prior to each scheduled meeting of the
221		-	committee.
222		-	(e) (1) Legislative members of the committee and members
223		-	appointed by a member of the legislature who attend meetings of the
224		-	committee shall be paid for expenses, mileage and subsistence as
225		-	provided in K.S.A. 75-3223(e), and amendments thereto.
226		-	(2) Members of the committee who are not members of the
227		-	legislature may be paid for expenses, mileage and subsistence by the
228		-	entity each such member was appointed by and represents.
229		-	(f) (1) The director of literacy education shall provide executive
230		-	support to the committee.
231		-	(2) The staff of the state board of regents, office of revisor of
232		-	statutes, the legislative research department and the division of
233		-	legislative administrative services shall provide such assistance as may
234		-	be requested by the committee.
235		-	New Sec. 4. (a) On or before July 1, 2024, the executive officer of
236		-	the state board of regents shall appoint a director of literacy education.
237		-	(b) The director of literacy education shall be an employee of the
238		-	state board of regents in the unclassified service who serves at the
239		-	pleasure of the state board of regents. The compensation of the director SENATE BILL No. 438—page 5
240		-	shall be determined by the executive officer of the state board of
241		-	regents.
242		-	(c) The director of literacy education shall:
243		-	(1) Serve as chairperson of the literacy advisory committee
244		-	established in section 3, and amendments thereto;
245		-	(2) implement and administer the Kansas blueprint for literacy;
246		-	(3) provide executive support to the literacy advisory committee;
247		-	(4) appoint nonvoting members of the literacy advisory committee
248		-	as the director deems necessary;
249		-	(5) work with the state board of education and the state board of
250		-	regents to ensure:
251		-	(A) Progress on the initiatives, objectives and desired outcomes in
252		-	the Kansas blueprint for literacy;
253		-	(B) the development and utilization of the comprehensive
254		-	assessment system; and
255		-	(C) state educational institutions and elementary and secondary
256		-	schools are using tier I literacy methodologies;
257		-	(6) encourage independent institutions referred to in section 2(c)
258		-	(2)(C), and amendments thereto, to use such tier I methodologies;
259		-	(7) establish a program to track the science of reading and
260		-	structured literacy training progression of in-service and pre-service
261		-	early childhood and elementary teachers, special education teachers and
262		-	paraprofessionals, reading specialists and early childhood and
263		-	elementary administrators for all school districts in the state;
264		-	(8) on or before January 15 of each year, prepare and present a
265		-	report to the senate standing committee on education and the house of
266		-	representatives standing committee on education, or any successor
267		-	committees, on the implementation and administration of the Kansas
268		-	blueprint for literacy, including, but not limited to, an implementation
269		-	timeline, progress of initiatives, development and utilization of the
270		-	comprehensive assessment system, progress toward the goal
271		-	established in section 3(c), and amendments thereto, use of tier I
272		-	methodologies, outcomes and any proposed changes; and
273		-	(9) report to the house of representatives standing committee on
274		-	education and the senate standing committee on education on or before
275		-	January 31, 2025, on the progress of the state board of regents on
276		-	utilization of the science of reading, elimination of discredited
277		-	methodologies, use of universal screening measures and assessments in
278		-	elementary and secondary schools in the state.
279		-	New Sec. 5. (a) Postsecondary educational institutions shall
280		-	designate practices based on the science of reading through structured
281		-	literacy as the official tier I literacy methodology and shall prohibit the
282		-	use or teaching of any discredited methodologies, such as the three-
283		-	cueing system.
284		-	(b) (1) The state board of regents, in collaboration with
285		-	postsecondary educational institutions and research experts, shall
286		-	establish a comprehensive reading and literacy assessment system with
287		-	universal screening measures, diagnostic, formative and summative
288		-	assessments to be used in teacher preparation programs in the state.
289		-	Such assessment system shall allow teachers to adjust instruction to
290		-	meet the specific needs of students, including with regard to reading
291		-	difficulties and the remediation of reading and literacy skill gaps. The
292		-	state board of regents shall make recommendations to the state board of
293		-	education on such assessment system and ensure that such assessment
294		-	system is available on or before May 1, 2025. Nothing in this paragraph
295		-	shall be construed to include the English language arts statewide
296		-	assessment.
297		-	(2) The state board of regents shall:
298		-	(A) Develop training modules for the assessments on or before SENATE BILL No. 438—page 6
299		-	July 1, 2025;
300		-	(B) support state board of education action to officially designate
301		-	the science of reading as the official tier I literacy methodology;
302		-	(C) support elementary and secondary schools as necessary to
303		-	eliminate any discredited methodologies;
304		-	(D) recommend literacy-specific universal screening measures and
305		-	diagnostic, formative and summative assessments to the state board of
306		-	education; and
307		-	(E) approve reading instruction methodologies recommended by
308		-	the literacy advisory committee for state educational institutions.
309		-	(3) On and after July 1, 2025, no school district shall use any
310		-	textbooks or instructional materials that utilize:
311		-	(A) The three-cueing system model of reading as the primary
312		-	basis for teaching word recognition;
313		-	(B) visual memory as the primary basis for teaching word
314		-	recognition; or
315		-	(C) the three-cueing system model of reading based on meaning,
316		-	structure and syntax and visual cues, commonly known as MVS.
317		-	(c) The director of literacy education shall report to the house of
318		-	representatives standing committee on education and the senate
319		-	standing committee on education on or before January 31, 2025, on the
320		-	progress of the state board of regents on utilization of the science of
321		-	reading, elimination of discredited methodologies, use of universal
322		-	screening measures and assessments in elementary and secondary
323		-	schools in the state.
324		-	New Sec. 6. The state board of regents and the state board of
325		-	education shall collaborate to:
326		-	(a) Jointly approve micro-credential requirements for in-service
327		-	teachers or certification requirements for pre-service teachers at state
328		-	educational institutions in the science of reading and structured literacy;
329		-	(b) develop or make accessible professional development
330		-	programs and micro-credential courses for all in-service early
331		-	childhood teachers, general education teachers and special education
332		-	teachers at low or no cost to such teachers. Such programs and courses
333		-	shall be delivered by national online learning programs or accredited
334		-	Kansas postsecondary educational institutions;
335		-	(c) ensure all pre-service teacher preparation programs at state
336		-	educational institutions are based on the science of reading and
337		-	structured literacy;
338		-	(d) publish standards and course progressions to achieve
339		-	transparency of Kansas reading education programs; and
340		-	(e) provide data for the program to the director of literacy
341		-	education that tracks the science of reading and structured literacy
342		-	training progression of in-service and pre-service early childhood and
343		-	elementary teachers, special education teachers and paraprofessionals,
344		-	reading specialists and early childhood and elementary administrators
345		-	for all school districts in the state.
346		-	New Sec. 7. The president or chancellor, provost and dean of the
347		-	college or school of education of each postsecondary educational
348		-	institution shall jointly have oversight and supervision of undergraduate
349		-	and graduate level reading and literacy courses at their respective
350		-	institution and shall:
351		-	(a) Ensure explicit courses in the science of reading and structured
352		-	literacy, including the five pillars of reading for all undergraduate early
353		-	childhood and elementary teacher preparation programs at state
354		-	educational institutions;
355		-	(b) appoint one representative from each postsecondary
356		-	educational institution to conduct an annual systemwide analysis of the
357		-	curriculum maps across all literacy courses. Such analysis shall include SENATE BILL No. 438—page 7
358		-	identifying clear evidence of instructional approaches and the core
359		-	components of reading development;
360		-	(c) present a report on such systemwide analysis and any results
361		-	from such analysis to the literacy advisory committee;
362		-	(d) design and implement two three-credit hour applied
363		-	application courses that shall be included within the approved
364		-	graduation requirements to earn a degree in elementary education on or
365		-	before August 2024;
366		-	(e) implement a common performance-based assessment for such
367		-	courses to be used by all postsecondary educational institutions on or
368		-	before August 2024;
369		-	(f) assist in the development of a science of reading and structured
370		-	literacy micro-credential for early childhood teachers, elementary
371		-	education teachers, English for speakers of other languages teachers,
372		-	reading specialists, special education teachers and paraprofessionals,
373		-	early childhood and elementary administrators that focuses on research-
374		-	based fundamentals of reading instruction; and
375		-	(g) provide information, advice and recommendations to the
376		-	literacy advisory committee.
377		-	New Sec. 8. The literacy advisory committee shall develop a plan
378		-	to establish six regional centers of excellence in reading. The plan
379		-	shall:
380		-	(a) Require postsecondary educational institutions to collaborate
381		-	with colleges or schools of education, the center for reading at Pittsburg
382		-	state university and community-based literacy organizations;
383		-	(b) include options that would allow centers for excellence in
384		-	reading to be co-located in an existing building or school of a school
385		-	district, postsecondary educational institution, community facility or
386		-	other facility or building, as appropriate; and
387		-	(c) require such centers to:
388		-	(1) Provide evaluation and identification of reading difficulties
389		-	and reading disabilities, including, but not limited, dyslexia;
390		-	(2) collaborate with school districts to develop strategic literacy
391		-	plans for individual students;
392		-	(3) collaborate with the state department of education, state board
393		-	of regents and postsecondary educational institutions to support pre-
394		-	service and in-service teacher training;
395		-	(4) support the professional development and training of school-
396		-	based instructional coaches;
397		-	(5) pilot structured reading applied learning simulation
398		-	laboratories for pre-service and in-service teachers;
399		-	(6) pilot a literacy education simulation training laboratory for
400		-	pre-service elementary teachers as a controlled environment for the
401		-	application of the science of reading;
402		-	(7) identify projected cost, staffing and budget impacts to develop,
403		-	expand and sustain the centers for excellence and reading simulation
404		-	laboratories; and
405		-	(8) make recommendations and provide progress reports to the
406		-	literacy advisory committee.
407		-	Sec. 9. K.S.A. 2023 Supp. 72-5170 is hereby amended to read as
408		-	follows: 72-5170. (a) (1) In order to accomplish the mission for Kansas
409		-	education, the state board shall design and adopt a school district
410		-	accreditation system based upon improvement in performance that
411		-	equals or exceeds the educational goal set forth in K.S.A. 72-3218(c),
412		-	and amendments thereto, and is measurable. The state board shall hold
413		-	all school districts accountable through the Kansas education systems
414		-	accreditation rules and regulations, or any successor accreditation
415		-	system and accountability plan adopted by the state board. The state
416		-	board also shall ensure that all school districts and the public schools SENATE BILL No. 438—page 8
417		-	operated by such districts have programs and initiatives in place for
418		-	providing those educational capacities set forth in K.S.A. 72-3218(c),
419		-	and amendments thereto. On or before January 15 of each year, the
420		-	state board shall prepare and submit a report on the school district
421		-	accreditation system to the governor and the legislature.
422		-	(2) The accountability measures established pursuant to paragraph
423		-	(1) shall be applied both at the district level and at the school level.
424		-	Such accountability measures shall be reported by the state board for
425		-	each school district and each school. All reports prepared pursuant to
426		-	this section shall be published in accordance with K.S.A. 2023 Supp.
427		-	72-1181, and amendments thereto.
428		-	(3) If a school district is not fully accredited and a corrective
429		-	action plan is required by the state board, such corrective action plan,
430		-	and any subsequent reports prepared by the state board regarding the
431		-	progress of such school district in implementing and executing such
432		-	corrective action plan, shall be published on the state department of
433		-	education's internet website and such school district's internet website
434		-	in accordance with K.S.A. 2023 Supp. 72-1181, and amendments
435		-	thereto.
436		-	(4) If a school district is not accredited, the superintendent, or the
437		-	superintendent's designee, shall appear before the committee on
438		-	education of the house of representatives and the committee on
439		-	education of the senate during the regular legislative session that occurs
440		-	during the same school year in which such school district is not
441		-	accredited. Such school district shall provide a report to such
442		-	committees on the challenges and obstacles that are preventing such
443		-	school district from becoming accredited.
444		-	(b) The state board shall establish curriculum standards that reflect
445		-	high academic standards for the core academic areas of mathematics,
446		-	science, reading, writing and social studies. The curriculum standards
447		-	shall be reviewed at least every seven years. Nothing in this subsection
448		-	shall be construed in any manner so as to impinge upon any school
449		-	district's authority to determine its own curriculum.
450		-	(c) (1) The state board shall provide for statewide assessments in
451		-	the core academic areas of mathematics, science, reading, writing and
452		-	social studies. The board shall ensure compatibility between the
453		-	statewide assessments and the curriculum standards established
454		-	pursuant to subsection (b). Such assessments shall be administered at
455		-	three grade levels, as determined by the state board. The state board
456		-	shall determine performance levels on the statewide assessments, the
457		-	achievement of which represents high academic standards in the
458		-	academic area at the grade level to which the assessment applies. The
459		-	state board should specify high academic standards both for individual
460		-	performance and school performance on the assessments.
461		-	(2) (A) On or before January 15 of each year, the state board shall
462		-	prepare and submit to the legislature a report on students who take the
463		-	statewide assessments. Such report shall include:
464		-	(i) The number of students and such number expressed as a
465		-	percentage of the total number of students who took the statewide
466		-	assessments during the immediately preceding school year
467		-	disaggregated by core academic area and by grade level; and
468		-	(ii) the percentage of students who took the statewide assessments
469		-	in grade 10 who, two years after graduating from high school,
470		-	obtained some postsecondary education disaggregated by statewide
471		-	assessment achievement level.
472		-	(B) When such information becomes available, or as soon
473		-	thereafter as practicable, the state board shall publish the information
474		-	required for the report under subparagraph (A) on the website of the
475		-	state department of education and incorporate such information in the SENATE BILL No. 438—page 9
476		-	performance accountability reports and longitudinal achievement
477		-	reports required under K.S.A. 2023 Supp. 72-5178, and amendments
478		-	thereto.
479		-	(C) The provisions of this paragraph shall expire on July 1, 2029.
480		-	(d) Each school year, on such date as specified by the state board,
481		-	each school district shall submit the Kansas education system
482		-	accreditation report to the state board in such form and manner as
483		-	prescribed by the state board.
484		-	(e) Whenever the state board determines that a school district has
485		-	failed either to meet the accreditation requirements established by rules
486		-	and regulations or standards adopted by the state board or provide
487		-	curriculum based on state standards and courses required by state law,
488		-	the state board shall so notify the school district. Such notice shall
489		-	specify the accreditation requirements that the school district has failed
490		-	to meet and the curriculum that it has failed to provide. Upon receipt of
491		-	such notice, the board of education of such school district is
492		-	encouraged to reallocate the resources of the school district to remedy
493		-	all deficiencies identified by the state board.
494		-	(f) Each school in every school district shall establish a school site
495		-	council composed of the principal and representatives of teachers and
496		-	other school personnel, parents of students attending the school, the
497		-	business community and other community groups. School site councils
498		-	shall be responsible for providing advice and counsel in evaluating
499		-	state, school district, and school site performance goals and objectives
500		-	and in determining the methods that should be employed at the school
501		-	site to meet these goals and objectives. Site councils may make
502		-	recommendations and proposals to the school board regarding
503		-	budgetary items and school district matters, including, but not limited
504		-	to, identifying and implementing the best practices for developing
505		-	efficient and effective administrative and management functions. Site
506		-	councils also may help school boards analyze the unique environment
507		-	of schools, enhance the efficiency and maximize limited resources,
508		-	including outsourcing arrangements and cooperative opportunities as a
509		-	means to address limited budgets.
510		-	Sec. 10. K.S.A. 74-3284 is hereby amended to read as follows: 74-
511		-	3284. (a) K.S.A. 74-3284 through 74-3289, and amendments thereto,
512		-	shall be known and may be cited as the Kansas education opportunity
513		-	scholarship program act.
514		-	(b) As used in this act:
515		-	(a)(1) "Kansas ethnic minority education opportunity scholarship
516		-	program" means a program under which the state, in response to
517		-	growing concerns over loss of talented ethnic minority students to
518		-	institutions of postsecondary education in other states, the need to
519		-	enhance the diversity of the student population at Kansas institutions of
520		-	postsecondary education, and the barriers to ethnic minority student
521		-	enrollment at Kansas institutions of postsecondary education and for
522		-	the purpose of enabling and encouraging talented ethnic minority
523		-	students to remain in Kansas for the attainment of educational goals
524		-	and fulfillment of career aspirations, provides financial assistance
525		-	through the award of Kansas ethnic minority education opportunity
526		-	scholarships to Kansas ethnic minority education opportunity scholars.
527		-	(b)(2) "Kansas ethnic minority education opportunity scholarship"
528		-	means a financial award made by this state under this act to a Kansas
529		-	ethnic minority education opportunity scholar.
530		-	(c)(3) "Kansas ethnic minority education opportunity scholar"
531		-	means a person who:
532		-	(1)(A) (i) Is a resident of Kansas;
533		-	(2) is a member of an ethnic minority group;
534		-	(3)(ii) has been accepted for admission to or is enrolled full time SENATE BILL No. 438—page 10
535		-	in an educational program at an eligible institution;
536		-	(4)(iii) has established financial need; and
537		-	(5) has qualified for the award of a Kansas ethnic minority
538		-	scholarship on the basis of having demonstrated educational ability, or
539		-	who
540		-	(iv) is a first generation student or has a parent who is employed
541		-	in Kansas as a teacher or paraprofessional for any of the grades pre-K
542		-	through 12; or
543		-	(B) has previously so qualified and remains qualified for the
544		-	renewal of a Kansas ethnic minority education opportunity scholarship
545		-	on the basis of maintaining full-time enrollment in an educational
546		-	program at an eligible institution, remaining in good standing, and
547		-	making satisfactory progress toward completion of the requirements for
548		-	the award of a degree or certificate of completion.
549		-	(d)(4) "Eligible institution" means an institution of postsecondary
550		-	education which maintains open enrollment, the main campus or
551		-	principal place of operation of which is located in Kansas, and which
552		-	qualifies as an eligible institution under the higher education act of
553		-	1965 (P.L. 89-329), as amended postsecondary educational institution,
554		-	as defined in K.S.A. 74-3201b, and amendments thereto, or an
555		-	accredited independent institution, as defined in K.S.A. 72-3222, and
556		-	amendments thereto.
557		-	(e) "Ethnic minority group" means a group of persons categorized
558		-	as: (1) American Indian or Alaskan Native; (2) Asian or Pacific
559		-	Islander; (3) Black, non-Hispanic; or (4) Hispanic.
560		-	(f) "American Indian or Alaskan Native" means a person having
561		-	origins in any of the original peoples of North America and who
562		-	maintains cultural identification through tribal affiliation or community
563		-	recognition.
564		-	(g) "Asian or Pacific Islander" means a person having origins in
565		-	any of the original peoples of the far east, southeast Asia, the Indian
566		-	subcontinent, or pacific islands. This includes, but not by way of
567		-	limitation, persons from China, Japan, Korea, the Philippine Islands,
568		-	Samoa, India and Vietnam.
569		-	(h) "Black, non-Hispanic" means a person having origins in any of
570		-	the black racial groups of Africa (except those of Hispanic origin).
571		-	(i) "Hispanic" means a person of Mexican, Puerto Rican, Cuban,
572		-	Central or South American or other Spanish culture or origin,
573		-	regardless of race.
574		-	(j)(5) "Financial need" means the difference between the available
575		-	financial resources of a Kansas ethnic minority education opportunity
576		-	scholar and the scholar's total anticipated expenses to attend an eligible
577		-	institution. A scholar's financial resources shall be determined on the
578		-	basis of criteria provided under the federal methodology of need
579		-	analysis. Financial need shall be determined annually.
580		-	(k)(6) "First generation student" means an individual who does
581		-	not have a parent or guardian who has completed a baccalaureate
582		-	degree.
583		-	(7) "Semester" means one of two principal terms when there are
584		-	only two principal terms in the academic year of an eligible institution
585		-	whether or not there are other shorter terms during the same academic
586		-	year of the eligible educational institution.
587		-	(l)(8) "Term" means one of two or more substantially equivalent
588		-	divisions of the academic year of an eligible institution.
589		-	(m)(9) "Program period" means the duration of the period of time,
590		-	or any division thereof, required for completion of a vocational or
591		-	technical education program which is given in at an eligible institution.
592		-	(n) "Open enrollment" means the policy of an institution of
593		-	postsecondary education which provides the opportunity of enrollment SENATE BILL No. 438—page 11
594		-	for any student who meets its academic and other reasonable
595		-	enrollment requirements, without regard for race, gender, religion,
596		-	creed, ethnicity or national origin.
597		-	Sec. 11. K.S.A. 74-3285 is hereby amended to read as follows: 74-
598		-	3285. (a) In each academic year, to the extent that appropriations are
599		-	available for the Kansas ethnic minority education opportunity
600		-	scholarship program and in accordance with the provisions of this act,
601		-	the state board of regents may select for designation as a Kansas ethnic
602		-	minority education opportunity scholar and for the award of a Kansas
603		-	ethnic minority education opportunity scholarship any person who is
604		-	qualified for such designation and award and. The state board of
605		-	regents shall renew the scholarship of each Kansas ethnic minority
606		-	education opportunity scholar who remains qualified for a scholarship.
607		-	(b) In selecting persons for designation as Kansas ethnic minority
608		-	education opportunity scholars, the state board of regents shall provide,
609		-	insofar as possible and on the basis of a formulated procedure, for
610		-	equitable apportionment of Kansas ethnic minority education
611		-	opportunity scholarships among the ethnic minority groups. The
612		-	procedure formulated by the board of regents shall take into account:
613		-	(1) the differences among applicants in level of financial need and
614		-	availability of financial resources so that scholarships are targeted to
615		-	those applicants having the greatest needs; (2) the proportion that the
616		-	population of each ethnic minority group bears to the population of all
617		-	ethnic minority groups in the state; and (3) the differences across ethnic
618		-	minority groups in the proportion of members thereof who complete
619		-	high school. Financial need shall be determined annually.
620		-	(c) An applicant who fails to be awarded a Kansas ethnic minority
621		-	education opportunity scholarship shall not be disqualified from
622		-	applying therefor in a later academic year so long as all requirements
623		-	for eligibility to apply for such award are met.
624		-	(d) The award or renewal of a Kansas ethnic minority education
625		-	opportunity scholarship shall be on an annual basis and shall be
626		-	effective for one academic year unless otherwise terminated.
627		-	Sec. 12. K.S.A. 74-3286 is hereby amended to read as follows: 74-
628		-	3286. (a) A Kansas ethnic minority education opportunity scholarship
629		-	shall provide for payment to a Kansas ethnic minority education
630		-	opportunity scholar of an amount in each academic year not to exceed
631		-	an amount equal to 75% of the average amount of the total tuition and
632		-	required fees of full-time, in-state students. A Kansas ethnic minority
633		-	education opportunity scholar may receive a Kansas ethnic minority
634		-	education opportunity scholarship for not more than eight semesters of
635		-	undergraduate study or the equivalent thereof, except that a Kansas
636		-	ethnic minority education opportunity scholar may receive a Kansas
637		-	ethnic minority education opportunity scholarship for not more than an
638		-	additional two semesters of study or the equivalent thereof when the
639		-	requirements of the program in which the scholar is enrolled include
640		-	the completion of a fifth year of study. The state board of regents shall
641		-	determine the equivalent of a semester when any program period or all
642		-	or part of the terms for which a Kansas ethnic minority education
643		-	opportunity scholar is awarded a Kansas ethnic minority education
644		-	opportunity scholarship are not semesters.
645		-	(b) A Kansas ethnic minority education opportunity scholar who is
646		-	also eligible to receive a Kansas comprehensive grant or a state
647		-	scholarship may be awarded such grant or scholarship, or both, in
648		-	addition to a Kansas ethnic minority education opportunity scholarship.
649		-	In no event shall the amount awarded to a Kansas ethnic minority
650		-	education opportunity scholar under a Kansas ethnic minority
651		-	education opportunity scholarship or the total of any amounts awarded
652		-	thereunder and under a state scholarship or a Kansas comprehensive SENATE BILL No. 438—page 12
653		-	grant, or both, exceed an amount equal to the amount of the scholar's
654		-	financial need for the period.
655		-	Sec. 13. K.S.A. 74-3287 is hereby amended to read as follows: 74-
656		-	3287. The state board of regents shall adopt rules and regulations for
657		-	administration of the provisions of this act and shall:
658		-	(a) Publicize the Kansas ethnic minority education opportunity
659		-	scholarship program and the manner and method of qualifying for
660		-	designation as a Kansas ethnic minority education opportunity scholar
661		-	and for the award of a Kansas ethnic minority education opportunity
662		-	scholarship;
663		-	(b) provide application forms;
664		-	(c) determine residence, as provided by law, of applicants for
665		-	Kansas ethnic minority education opportunity scholarships;
666		-	(d) establish a system for identifying and categorizing members of
667		-	ethnic minority groups;
668		-	(e) determine eligibility of applicants for Kansas ethnic minority
669		-	education opportunity scholarships;
670		-	(f)(e) determine the evidence deemed necessary to be submitted as
671		-	proof of educational ability;
672		-	(g)(f) designate Kansas ethnic minority education opportunity
673		-	scholars;
674		-	(h)(g) notify each person who qualifies for designation as a
675		-	Kansas ethnic minority education opportunity scholar and for the
676		-	award of a Kansas ethnic minority education opportunity scholarship or
677		-	who remains qualified as a Kansas ethnic minority education
678		-	opportunity scholar for the renewal of a Kansas ethnic minority
679		-	education opportunity scholarship;
680		-	(i)(h) approve and award or renew Kansas ethnic minority
681		-	education opportunity scholarships;
682		-	(j)(i) determine the equivalent of a semester for the purpose of
683		-	awarding Kansas ethnic minority education opportunity scholarships
684		-	for any program period or term that is not a semester;
685		-	(k)(j) define full time full-time enrollment;
686		-	(l)(k) provide for apportionment of Kansas ethnic minority
687		-	education opportunity scholarships if appropriations therefor are
688		-	insufficient for payment in full to all Kansas ethnic minority education
689		-	opportunity scholars;
690		-	(m)(l) request any eligible institution to furnish any information
691		-	relating to and necessary for administration of this act;
692		-	(n)(m) determine the average amount of tuition and fees required
693		-	of full-time, in-state students for enrollment at the state educational
694		-	institutions; and
695		-	(o)(n) evaluate the Kansas ethnic minority education opportunity
696		-	scholarship program annually, and make a report thereon to the
697		-	governor and legislature.
698		-	Sec. 14. K.S.A. 74-3288 is hereby amended to read as follows: 74-
699		-	3288. In accordance with the rules and regulations of the state board of
700		-	regents, each person individual who desires to be designated as a
701		-	Kansas ethnic minority education opportunity scholar and to receive a
702		-	Kansas ethnic minority education opportunity scholarship shall:
703		-	(a) Complete and file an application for a Kansas ethnic minority
704		-	education opportunity scholarship;
705		-	(b) submit the evidence required as proof of educational ability;
706		-	and
707		-	(c) report promptly any information requested relating to
708		-	administration of this act.
709		-	Sec. 15. K.S.A. 74-3289 is hereby amended to read as follows: 74-
710		-	3289. (a) Kansas ethnic minority education opportunity scholarships
711		-	may be paid annually for two semesters or the equivalent thereof, and SENATE BILL No. 438—page 13
712		-	may be allocated equally between the semesters or the equivalent of
713		-	semesters, or otherwise, as determined by the state board of regents.
714		-	Kansas ethnic minority education opportunity scholarships shall be
715		-	paid at a time or times to be determined by the state board of regents
716		-	upon certification by an eligible institution that a Kansas ethnic
717		-	minority education opportunity scholar is enrolled full time in an
718		-	educational program. Payments of Kansas ethnic minority education
719		-	opportunity scholarships shall be made upon vouchers approved by the
720		-	administrative officer of the state board of regents designated by the
721		-	state board and upon warrants of the director of accounts and reports.
722		-	Payments of Kansas ethnic minority education opportunity scholarships
723		-	may be made by the issuance of a single warrant to each eligible
724		-	institution at which where a Kansas ethnic minority education
725		-	opportunity scholar is enrolled for the total amount of Kansas ethnic
726		-	minority education opportunity scholarships for all Kansas ethnic
727		-	minority education opportunity scholars enrolled at that institution. The
728		-	director of accounts and reports shall cause such warrant to be
729		-	delivered to the eligible institution at which where such scholar or
730		-	scholars are enrolled. Upon receipt of such warrant, the eligible
731		-	institution shall credit immediately the account of each Kansas ethnic
732		-	minority education opportunity scholar enrolled at that institution by an
733		-	amount specified by the board of regents for each such scholar.
734		-	(b) If a Kansas ethnic minority education opportunity scholar
735		-	discontinues attendance before the end of any semester or equivalent
736		-	thereof, after an eligible institution has received payment under this
737		-	section, the eligible institution shall pay to the state:
738		-	(1) The entire amount which that such scholar would otherwise
739		-	qualify to have refunded not to exceed the amount of the payment made
740		-	under a Kansas ethnic minority education opportunity scholarship for
741		-	the semester or equivalent thereof; or
742		-	(2) if a Kansas ethnic minority education opportunity scholar has
743		-	received payments under any federal program of student assistance in
744		-	the semester, the state's pro rata share of the entire amount which that
745		-	such scholar would otherwise qualify to have refunded, not to exceed
746		-	the amount of the payment made under a Kansas ethnic minority
747		-	education opportunity scholarship for the semester or equivalent
748		-	thereof.
749		-	(c) All amounts paid to the state by an eligible institution under
750		-	subsection (b) shall be deposited in the state treasury and credited to the
751		-	Kansas ethnic minority education opportunity scholarship discontinued
752		-	attendance fund, which. The Kansas education opportunity scholarship
753		-	discontinued attendance fund is hereby created. All expenditures from
754		-	the Kansas ethnic minority education opportunity scholarship
755		-	discontinued attendance fund shall be for Kansas ethnic minority
756		-	education opportunity scholarships.
757		-	Sec. 16. K.S.A. 74-3292 is hereby amended to read as follows: 74-
758		-	3292. As used in this act:
759		-	(a) "Committee" means the nursing service scholarship review
760		-	committee established under K.S.A. 74-3299, and amendments thereto.
761		-	(b) "Executive officer" means the chief executive officer of the
762		-	state board of regents appointed under K.S.A. 74-3203a, and
763		-	amendments thereto.
764		-	(c)(b) "Mental health or treatment facility" means:
765		-	(1) Any private treatment facility as such term is defined in K.S.A.
766		-	59-29b46, and amendments thereto;
767		-	(2) any public treatment facility as such term is defined in K.S.A.
768		-	59-29b46, and amendments thereto;
769		-	(3) any community mental health center organized pursuant to the
770		-	provisions of K.S.A. 19-4001 through 19-4015, and amendments SENATE BILL No. 438—page 14
771		-	thereto, and licensed pursuant to K.S.A. 39-2001 et seq., and
772		-	amendments thereto;
773		-	(4) any mental health clinic organized pursuant to the provisions
774		-	of K.S.A. 65-211 through 65-215, and amendments thereto, and
775		-	licensed pursuant to K.S.A. 39-2001 et seq., and amendments thereto;
776		-	(5) any psychiatric hospital, psychiatric residential treatment
777		-	facility or residential care facility as such terms are defined in K.S.A.
778		-	39-2002, and amendments thereto;
779		-	(6) any hospital as defined in K.S.A. 65-425, and amendments
780		-	thereto, provided if:
781		-	(A) The hospital has a psychiatric unit; and
782		-	(B) the scholarship recipient is required to fulfill the nursing
783		-	service scholarship's employment obligations as an employee in the
784		-	psychiatric unit of the hospital; or
785		-	(7) Osawatomie state hospital, Rainbow mental health facility,
786		-	Larned state hospital, Parsons state hospital and training center or the
787		-	Kansas neurological institute.
788		-	(d) "Rural area" means any county of this state other than
789		-	Douglas, Johnson, Sedgwick, Shawnee and Wyandotte counties.
790		-	(e)(c) "School of nursing" means a school within the state of
791		-	Kansas which that is approved by the state board of nursing to grant an
792		-	associate degree or a baccalaureate degree in professional nursing or a
793		-	certificate of completion in practical nursing and is:
794		-	(1) Under the control and supervision of the state board of regents;
795		-	(2) a municipal university; or
796		-	(3) a not-for-profit independent institution of higher education that
797		-	has its main campus or principal place of operation in Kansas,
798		-	maintains open enrollment as such term is defined in K.S.A. 74-32,120,
799		-	and amendments thereto, and is operated independently and not
800		-	controlled or administered by the state or any agency or subdivision
801		-	thereof.
802		-	(f)(d) "Sponsor" means any of the following that is located in a
803		-	rural opportunity zone as defined in K.S.A. 74-50,222, and
804		-	amendments thereto:
805		-	(1) An adult care home licensed under the adult care home
806		-	licensure act, any K.S.A. 39-923 et seq., and amendments thereto;
807		-	(2) a medical care facility licensed under K.S.A. 65-425 et seq.,
808		-	and amendments thereto, any;
809		-	(3) a home health agency licensed under K.S.A. 65-5101 et seq.,
810		-	and amendments thereto, any;
811		-	(4) a local health department as defined in K.S.A. 65-241, and
812		-	amendments thereto, any;
813		-	(5) a mental health or treatment facility; and any
814		-	(6) a state agency which that employs licensed practical nurses or
815		-	licensed professional nurses.
816		-	Sec. 17. K.S.A. 74-3293 is hereby amended to read as follows: 74-
817		-	3293. (a) There is hereby established the nursing service scholarship
818		-	program. A scholarship may be awarded under the nursing service
819		-	scholarship program to any qualified nursing student enrolled in or
820		-	admitted to a school of nursing in a course of instruction leading to
821		-	licensure as a licensed professional nurse or licensed practical nurse. A
822		-	nursing student shall not be required to be a resident of Kansas to
823		-	qualify for a scholarship under the nursing service scholarship program.
824		-	The number of new scholarships awarded under the nursing service
825		-	scholarship program in each year shall not exceed 250. Of this number,
826		-	except as otherwise provided in this section, 100 scholarships shall be
827		-	awarded to nursing students whose sponsors are located in rural areas
828		-	and who are enrolled in a course of instruction leading to licensure as a
829		-	registered professional nurse, 50 scholarships shall be awarded to SENATE BILL No. 438—page 15
830		-	nursing students enrolled in a course of instruction leading to licensure
831		-	as a licensed practical nurse and the remaining 100 scholarships shall
832		-	be awarded to any nursing students who have a sponsor and who are
833		-	enrolled in a course of instruction leading to licensure as a registered
834		-	professional nurse. If all scholarships authorized to be awarded under
835		-	this section to nursing students whose sponsors are located in rural
836		-	areas have not been awarded by a date established by the state board of
837		-	regents, the scholarships which have not been awarded by that date
838		-	may be awarded to nursing students who have a sponsor and who are
839		-	otherwise qualified to be awarded a scholarship under the nursing
840		-	service scholarship program. The determination of the individuals
841		-	qualified for such scholarships shall be made by the executive officer
842		-	after seeking advice from the committee. Within each scholarship
843		-	category prescribed by this subsection, Scholarships shall be awarded
844		-	on a priority basis to qualified applicants: (1) Whose sponsor is a
845		-	mental health or treatment facility; and (2) who have the greatest
846		-	financial need for such scholarships. To the extent practicable and
847		-	consistent with the other provisions of this section, consideration shall
848		-	be given to minority applicants.
849		-	(b) Scholarships awarded under the nursing service scholarship
850		-	program shall be awarded for the length of the course of instruction
851		-	leading to licensure as a licensed professional nurse or licensure as a
852		-	licensed practical nurse in which the student is enrolled in or admitted
853		-	to unless otherwise terminated before the expiration of such period of
854		-	time. Such scholarships shall provide to a nursing student:
855		-	(1) If the nursing student is enrolled in a school of nursing
856		-	operated by a state educational institution, an amount not to exceed
857		-	70% of the in-state tuition cost of attendance for an academic year at
858		-	the school of nursing in which the nursing student is enrolled; or
859		-	(2) if the nursing student is enrolled in a school of nursing not
860		-	operated by a state educational institution, the lesser of: (A) An amount
861		-	not to exceed 70% of the in-state tuition cost of attendance for a year at
862		-	the school of nursing in which the nursing student is enrolled; or (B) an
863		-	amount not to exceed 70% of the average amount of the in-state tuition
864		-	cost of attendance for a year at the schools of nursing operated by the
865		-	state educational institutions.
866		-	(c) (1) Except as provided in paragraph (2), the amount of each
867		-	scholarship shall be established annually by the executive officer and
868		-	shall be financed equally by the sponsor of the nursing student and by
869		-	the state of Kansas except if:
870		-	(1) The sponsor is located in a rural area or is a health care facility
871		-	which has less than 100 beds, and is not a mental health or treatment
872		-	facility pursuant to K.S.A. 74-3292(c)(1), (c)(5) or (c)(6), and
873		-	amendments thereto, the total amount of the scholarship financed by
874		-	such sponsor shall not exceed $1,000 and the balance of such amount
875		-	shall be paid by the state of Kansas; or
876		-	(2) the sponsor is a mental health or treatment facility pursuant to
877		-	K.S.A. 74-3292(c)(2), (c)(3), (c)(4) or (c)(7), and amendments thereto,
878		-	the amount of the scholarship shall be paid by the state and such
879		-	sponsor shall not finance any amount of the scholarship.
880		-	(2) If the nursing student has a sponsor, then the amount of the
881		-	scholarship for such nursing student shall not exceed the amount
882		-	established under paragraph (1) multiplied by 125%.
883		-	Sec. 18. K.S.A. 74-3294 is hereby amended to read as follows: 74-
884		-	3294. (a) An applicant for a scholarship under the nursing service
885		-	scholarship program shall provide to the executive officer, on forms
886		-	supplied by the executive officer, the following information:
887		-	(1) The name and address of the applicant;
888		-	(2) the name and address of the school of nursing in which the SENATE BILL No. 438—page 16
889		-	applicant is enrolled or to which the applicant has been admitted;
890		-	(3) the name and address of the sponsor of the applicant and a
891		-	verified copy of the agreement entered into by the applicant and the
892		-	sponsor in accordance with the provisions of the nursing service
893		-	scholarship program; and
894		-	(4) any additional information which that may be required by the
895		-	executive officer.
896		-	(b) As a condition to awarding a scholarship under the nursing
897		-	service scholarship program, the executive officer and the applicant for
898		-	a scholarship shall enter into an agreement which that shall require that
899		-	the scholarship recipient:
900		-	(1) Complete the required course of instruction and, within six
901		-	months after completion, attain licensure with the Kansas state board of
902		-	nursing as a licensed professional nurse or a licensed practical nurse;
903		-	(2) complete the free application for federal student aid for each
904		-	academic year for which scholarship funds are awarded under the
905		-	agreement;
906		-	(3) within six months after attaining licensure, engage in the full-
907		-	time practice of nursing, or the equivalent to full-time practice, in the
908		-	employment of the sponsor in accordance with the agreement entered
909		-	into by the scholarship recipient and the sponsor Kansas and continue
910		-	such full-time practice, or the equivalent to full-time practice, for the
911		-	total amount of time required under the agreement, which shall be for a
912		-	period of not less than the length of the course of instruction for which
913		-	scholarship assistance was provided, or engage in the part-time practice
914		-	of nursing in the employment of the sponsor in accordance with the
915		-	agreement entered into by the scholarship recipient and the sponsor
916		-	Kansas and continue such part-time practice for the total amount of
917		-	time required under the agreement, which shall be for a period of time
918		-	that is equivalent to full time, as determined by the state board of
919		-	regents, multiplied by the length of the course of instruction for which
920		-	scholarship assistance was provided. If the scholarship recipient has a
921		-	sponsorship agreement, then the scholarship recipient shall engage in
922		-	the practice of nursing in the employment of such sponsor in
923		-	accordance with such sponsorship agreement for the period of time
924		-	required under this paragraph, except as provided in K.S.A. 74-3296,
925		-	and amendments thereto;
926		-	(3)(4) commence the full-time practice of nursing, or the
927		-	equivalent to full-time practice, or the part-time practice of nursing,
928		-	within six months after registration in accordance with the agreement
929		-	entered into by the scholarship recipient and the sponsor, continue such
930		-	practice for the total amount of time required under the agreement, and
931		-	comply with such other terms and conditions as may be specified by
932		-	such agreement;
933		-	(4)(5) maintain records and make reports to the executive officer
934		-	as may be required by the executive officer to document the satisfaction
935		-	of the obligations under the nursing service scholarship program and
936		-	under agreements entered into with the sponsor pursuant thereto and
937		-	with the sponsor, if any; and
938		-	(5)(6) upon failure to satisfy an agreement to engage in the full-
939		-	time practice of nursing, or the equivalent to full-time practice, or the
940		-	part-time practice of nursing, for the required period of time under any
941		-	such agreement, the requirements of the agreement with the state board
942		-	of regents, repay to the state and to the sponsor the amounts as provided
943		-	in K.S.A. 74-3295, and amendments thereto.
944		-	(c) Upon the awarding of a scholarship under the nursing service
945		-	scholarship program, the sponsor shall pay to the executive officer the
946		-	amount of such scholarship to be financed by the sponsor, if any. Each
947		-	such amount shall be deposited in the nursing service scholarship SENATE BILL No. 438—page 17
948		-	program fund in accordance with K.S.A. 74-3298, and amendments
949		-	thereto.
950		-	(d) The sponsorship by a scholarship recipient may be transferred
951		-	from one sponsor to another upon the agreement of the original
952		-	sponsor, the scholarship recipient and the sponsor to which the
953		-	sponsorship is to be transferred. The terms, conditions and obligations
954		-	of the transferred agreement shall be substantially similar to the terms,
955		-	conditions and obligations of the original agreement. No sponsorship
956		-	shall be transferred unless the agreement transferring such sponsorship
957		-	provides for service in a rural area or in a mental health or treatment
958		-	facility and is approved by the executive officer as consistent with the
959		-	provisions of the nursing service scholarship program and as consistent
960		-	with any rules and regulations relating thereto adopted by the state
961		-	board of regents in accordance with the provisions of K.S.A. 74-3297,
962		-	and amendments thereto.
963		-	Sec. 19. K.S.A. 74-3295 is hereby amended to read as follows: 74-
964		-	3295. (a) Except as provided in K.S.A. 74-3296, and amendments
965		-	thereto, upon the failure of any person to satisfy the obligation under
966		-	any agreement entered into pursuant to the nursing service scholarship
967		-	program, such person shall pay to the executive officer an amount
968		-	equal to the total amount of money received by such person pursuant to
969		-	such agreement which that was financed by the state of Kansas plus
970		-	accrued interest at a rate which is equivalent to the interest rate
971		-	applicable to loans made under the federal PLUS program at the time
972		-	such person first entered into an agreement plus five percentage points
973		-	and shall pay to the sponsor an amount equal to the total amount of
974		-	money received by such person pursuant to such agreement which was
975		-	financed by the sponsor plus accrued interest at a rate which is
976		-	equivalent to the interest rate applicable to loans made under the federal
977		-	PLUS program at the time such person first entered into an agreement
978		-	plus five percentage points of 5% per annum. Interest shall begin to
979		-	accrue on the date of the action or circumstances that cause such
980		-	person to fail to satisfy the obligations of such agreement, as
981		-	determined by the executive officer based upon the circumstances of
982		-	each individual case. Installment payments of any such amounts may
983		-	be made in accordance with the provisions of agreements entered into
984		-	by the scholarship recipient and the sponsor or if no such provisions
985		-	exist in such agreements, in accordance with rules and regulations of
986		-	the state board of regents, except that. Such installment payments shall
987		-	commence six months after the date of the action or circumstances that
988		-	cause the failure of the person to satisfy the obligations of such
989		-	agreements, as determined by the executive officer based upon the
990		-	circumstances of each individual case on which interest begins to
991		-	accrue. Amounts paid under this section to the executive officer shall
992		-	be deposited in the nursing service scholarship repayment fund in
993		-	accordance with K.S.A. 74-3298, and amendments thereto.
994		-	(b) The state board of regents is authorized to turn any repayment
995		-	account arising under the nursing service scholarship program over to a
996		-	designated loan servicer or collection agency, the state not being
997		-	involved other than to receive payments from the loan servicer or
998		-	collection agency at the interest rate prescribed under this section.
999		-	Sec. 20. K.S.A. 74-3296 is hereby amended to read as follows: 74-
1000		-	3296. (a) (1) Except as otherwise specified in the agreement with the
1001		-	sponsor, an obligation under any agreement entered into under the
1002		-	nursing student scholarship program shall be postponed:
1003		-	(1)(A) During any required period of active military service;
1004		-	(2)(B) during any period of service as a part of volunteers in
1005		-	service to America (VISTA);
1006		-	(3)(C) during any period of service in the peace corps; SENATE BILL No. 438—page 18
1007		-	(4)(D) during any period of service commitment to the United
1008		-	States public health service;
1009		-	(5)(E) during any period of religious missionary work conducted
1010		-	by an organization exempt from tax under section 501(c)(3) of the
1011		-	federal internal revenue code as in effect on December 31, 2000 July 1,
1012		-	2024;
1013		-	(6)(F) during any period of time the person obligated is unable
1014		-	because of temporary medical disability to practice nursing;
1015		-	(7)(G) during any period of time the person obligated is enrolled
1016		-	and actively engaged on a full-time basis in a course of study leading to
1017		-	a degree in the field of nursing which that is higher than that attained
1018		-	formerly by the person obligated;
1019		-	(8)(H) during any period of time that the person obligated is on
1020		-	job-protected leave under the federal family and medical leave act of
1021		-	1993; or
1022		-	(9)(I) during any period of time the state board of regents
1023		-	determines that the person obligated is unable because of special
1024		-	circumstances to practice nursing.
1025		-	(2) Except for clauses (6), (8) and (9) paragraphs (1)(F), (1)(H)
1026		-	and (1)(I), an obligation under any agreement entered into as provided
1027		-	in the nursing service scholarship program shall not be postponed more
1028		-	than five years from the time the obligation was to have been
1029		-	commenced under any such agreement.
1030		-	(3) An obligation under any agreement entered into as provided in
1031		-	the nursing service scholarship program shall be postponed under
1032		-	clause (6) paragraph (1)(F) during the period of time the medical
1033		-	disability exists.
1034		-	(4) An obligation under any agreement entered into as provided in
1035		-	the nursing service scholarship program shall be postponed under
1036		-	clause (8) paragraph (1)(H) during the period of time the person
1037		-	obligated remains on FMLA leave.
1038		-	(5) An obligation under any agreement entered into as provided in
1039		-	the nursing service scholarship program shall be postponed under
1040		-	clause (9) paragraph (1)(I) during the period of time the state board of
1041		-	regents determines that the special circumstances exist.
1042		-	(6) The state board of regents shall adopt rules and regulations
1043		-	prescribing criteria or guidelines for determination of the existence of
1044		-	special circumstances causing an inability to satisfy an obligation under
1045		-	any agreement entered into as provided in the nursing service
1046		-	scholarship program, and shall determine the documentation required to
1047		-	prove the existence of such circumstances. Except for clauses (1), (6),
1048		-	(8) and (9) paragraphs (1)(A), (1)(F), (1)(H) and (1)(I), an obligation
1049		-	under any agreement entered into as provided in the nursing service
1050		-	scholarship program shall not be postponed unless the postponement is
1051		-	approved by the scholarship recipient's sponsor, if any, or is otherwise
1052		-	provided for in the an agreement with the sponsor.
1053		-	(b) An obligation under any agreement entered into as provided in
1054		-	the nursing service scholarship program shall be satisfied if:
1055		-	(1) If The obligation has been completed in accordance with the
1056		-	agreement;
1057		-	(2) if the person obligated dies;
1058		-	(3) if, because of permanent physical disability, the person
1059		-	obligated is unable to satisfy the obligation;
1060		-	(4) if the person obligated fails to satisfy the requirements for
1061		-	graduation from the school of nursing after making the best effort
1062		-	possible to do so; and
1063		-	(5) if the person obligated fails to satisfy all requirements for a
1064		-	permanent license to practice nursing in Kansas or has been denied a
1065		-	license after applying for a license and making the best effort possible SENATE BILL No. 438—page 19
1066		-	to obtain such license; (6) if, because of bankruptcy, loss of licensure or
1067		-	certification or other failure in the operations of the sponsor, the
1068		-	sponsor cannot or will not employ the person obligated; or (7) if the
1069		-	sponsor releases the person obligated from employment with the
1070		-	sponsor and the person obligated otherwise completes the terms,
1071		-	conditions and obligations of the agreement by engaging in the practice
1072		-	of nursing in Kansas.
1073		-	(c) (1) An obligation under any sponsorship agreement shall be
1074		-	satisifed if:
1075		-	(A) Because of bankruptcy, loss of licensure or certification or
1076		-	other failure in the operations of the sponsor, such sponsor cannot or
1077		-	will not employ the person obligated; or
1078		-	(B) the sponsor releases the person obligated from employment
1079		-	with such sponsor.
1080		-	(2) Notwithstanding the provisions of paragraph (1), the person
1081		-	obligated shall still be required to complete the terms, conditions and
1082		-	obligations of the agreement with the state board of regents by
1083		-	engaging in the practice of nursing in Kansas.
1084		-	Sec. 21. K.S.A. 74-3297 is hereby amended to read as follows: 74-
1085		-	3297. (a) The state board of regents, after consultation with the
1086		-	committee, may adopt rules and regulations establishing minimum
1087		-	terms, conditions and obligations which shall be incorporated into the
1088		-	provisions of any agreement entered into between a sponsor and the
1089		-	recipient of a scholarship under the nursing service scholarship
1090		-	program. The terms, conditions and obligations shall be consistent with
1091		-	the provisions of law relating to the nursing service scholarship
1092		-	program. The terms, conditions and obligations so established shall
1093		-	include, but not be limited to, the terms of eligibility for financial
1094		-	assistance under the nursing service scholarship program, the amount
1095		-	of financial assistance to be offered, the length of employment with the
1096		-	sponsor required as a condition to the receipt of such financial
1097		-	assistance, the circumstances under which the employment obligation
1098		-	may be discharged or forgiven, the amount of money required to be
1099		-	repaid because of failure to satisfy the obligations under an agreement
1100		-	and the method of repayment and such other additional provisions as
1101		-	may be necessary to carry out the provisions of the nursing service
1102		-	scholarship program. The state board of regents, after consultation with
1103		-	the committee, shall adopt rules and regulations as necessary to
1104		-	administer the nursing service scholarship program.
1105		-	(b) The state board of regents shall provide an annual written
1106		-	report on the nursing service scholarship program to the senate and
1107		-	house committees on education.
1108		-	Sec. 22. K.S.A. 74-3298 is hereby amended to read as follows: 74-
1109		-	3298. (a) There is hereby created in the state treasury the nursing
1110		-	service scholarship program fund. The executive officer shall remit all
1111		-	moneys received from sponsors, which are paid under K.S.A. 74-3294,
1112		-	and amendments thereto, pursuant to scholarship awards, or from a
1113		-	school of nursing, which that are paid because of nonattendance or
1114		-	discontinued attendance by scholarship recipients, to the state treasurer
1115		-	in accordance with the provisions of K.S.A. 75-4215, and amendments
1116		-	thereto. Upon receipt of each such remittance, the state treasurer shall
1117		-	deposit the entire amount in the state treasury to the credit of the
1118		-	nursing service scholarship program fund. All expenditures from the
1119		-	nursing service scholarship program fund shall be for scholarships
1120		-	awarded under the nursing service scholarship program or refunds to
1121		-	sponsors and shall be made in accordance with appropriation acts upon
1122		-	warrants of the director of accounts and reports issued pursuant to
1123		-	vouchers approved by the executive officer or by a person designated
1124		-	by the executive officer. SENATE BILL No. 438—page 20
1125		-	(b) The nursing student scholarship discontinued attendance fund
1126		-	is hereby abolished. On the effective date of this act, the director of
1127		-	accounts and reports shall transfer all moneys remaining in the nursing
1128		-	student scholarship discontinued attendance fund to the nursing service
1129		-	scholarship program fund.
1130		-	(c) There is hereby created in the state treasury the nursing service
1131		-	scholarship repayment fund. The executive officer shall remit all
1132		-	moneys received for amounts paid under K.S.A. 74-3295, and
1133		-	amendments thereto, to the state treasurer in accordance with the
1134		-	provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt
1135		-	of each such remittance the state treasurer shall deposit the entire
1136		-	amount in the state treasury to the credit of the nursing service
1137		-	scholarship repayment fund. All expenditures from the nursing service
1138		-	scholarship repayment fund shall be for scholarships awarded under the
1139		-	nursing service scholarship program and shall be made in accordance
1140		-	with appropriation acts upon warrants of the director of accounts and
1141		-	reports issued pursuant to vouchers approved by the executive officer
1142		-	or by a person designated by the executive officer.
1143		-	Sec. 23. K.S.A. 2023 Supp. 74-32,267 is hereby amended to read
1144		-	as follows: 74-32,267. (a) There is hereby established the AO-K to
1145		-	work program. The provisions of this program shall apply to all adult
1146		-	education programs in the state.
	10	+	Section 1. K.S.A. 2023 Supp. 74-32,267 is hereby amended to read as
	11	+	follows: 74-32,267. (a) There is hereby established the AO-K to work
	12	+	program. The provisions of this program shall apply to all adult education
	13	+	programs in the state.
1147	14		(b) As used in this section:
1148	15		(1) "AO-K" or "accelerating opportunity: Kansas" means a career
1149		-	pathways program model that assists students in obtaining a high
1150		-	school equivalency, becoming ready for transferable college-level
1151		-	courses and earning an industry credential.
1152		-	(2) "Career readiness assessment" means an assessment approved
1153		-	by the state board of regents to measure foundational skills required for
1154		-	success in the workplace and workplace skills that affect job
1155		-	performance.
1156		-	(3) "Career readiness certificate" means a certificate that uses a
1157		-	career readiness assessment approved by the state board of regents to
1158		-	document an individual's skills in applied math, graphic literacy and
1159		-	workplace documents.
1160		-	(4) "Community college" means a community college as defined
1161		-	in K.S.A. 71-701, and amendments thereto.
1162		-	(5) "Industry recognized credential" means a credential recognized
1163		-	by multiple employers across an industry as determined by the state
1164		-	board of regents.
	16	+	pathways program model that assists students in obtaining a high school
	17	+	equivalency, becoming ready for transferable college-level courses and
	18	+	earning an industry credential.
	19	+	(2) "Career readiness assessment" means an assessment approved by
	20	+	the state board of regents to measure foundational skills required for
	21	+	success in the workplace and workplace skills that affect job performance.
	22	+	(3) "Career readiness certificate" means a certificate that uses a career
	23	+	readiness assessment approved by the state board of regents to document
	24	+	an individual's skills in applied math, graphic literacy and workplace
	25	+	documents.
	26	+	(4) "Community college" means a community college as defined in
	27	+	K.S.A. 71-701, and amendments thereto.
	28	+	(5) "Industry recognized credential" means a credential recognized by
	29	+	multiple employers across an industry as determined by the state board of
	30	+	regents.
1165	31		(6) "Kansas adult education program" means any educational
1166	32		institution or approved agency that receives adult education funding
1167	33		through the state board of regents; provides adult education or English
1168	34		language acquisition programs; serves Kansas adults aged 16 and over
1169		-	who are in need of basic skills for the workforce, community
1170		-	~~participation~~ and family life; and prepares adults for achieving industry
1171		-	~~recognized~~ credentials and college certificates and degrees.
	35	+	who are in need of basic skills for the workforce, community participation
	36	+	and family life; and prepares adults for achieving industry recognized
	37	+	credentials and college certificates and degrees.
1172	38		(7) "Qualified student" means an individual who has:
1173	39		(A) Attained the age of 21 years of age;
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	75	+	36 SB 438 2
1174	76		(B) not been awarded a high school diploma;
1175	77		(C) been accepted into a Kansas adult education program;
1176	78		(D) demonstrated high school equivalency by meeting the criteria
1177	79		established by the state board of regents pursuant to this section; and
1178	80		(E) declared an AO-K career pathway interest.
1179	81		(8) "Technical college" means a technical college as such term is
1180	82		defined in K.S.A. 71-1802, and amendments thereto.
1181	83		(c) The state board of regents shall award a Kansas high school
1182	84		equivalency credential to any qualified student who:
1183		-	(1) Is recommended and approved to participate in a AO-K career ~~SENATE BILL No. 438—page 21~~
	85	+	(1) Is recommended and approved to participate in a AO-K career
1184	86		pathway approved by the state board of regents for college credit;
1185	87		(2) successfully completes an approved AO-K career pathway and
1186		-	receives the industry-recognized credential appropriate to the
1187		-	completed pathway;
1188		-	(3) takes a career readiness assessment and earns a career
1189		-	readiness certificate at a level approved by the state board of regents;
1190		-	and
	88	+	receives the industry-recognized credential appropriate to the completed
	89	+	pathway;
	90	+	(3) takes a career readiness assessment and earns a career readiness
	91	+	certificate at a level approved by the state board of regents; and
1191	92		(4) satisfies any other requirements deemed necessary by the state
1192	93		board of regents.
1193	94		(d) (1) While participating in the enrolled in an AO-K to work
1194		-	program, qualified ~~all~~ students shall be provided reasonable access to
1195		-	~~all~~ available student resources of the adult education program, the
	95	+	program, qualified students shall be provided reasonable access to all
	96	+	available student resources of the adult education program, the
1196	97		participating technical or community college and the appropriate
1197	98		community partners, including, but not limited to, appropriate academic
1198		-	support, barrier mitigation, employment or career assistance, books,
1199		-	~~tools~~ and personal materials required to participate in an AO-K career
1200		-	~~pathway~~ program and industry examinations.
	99	+	support, barrier mitigation, employment or career assistance, books, tools
	100	+	and personal materials required to participate in an AO-K career pathway
	101	+	program and industry examinations.
1201	102		(2) Subject to appropriations, financial assistance the amount of a
1202	103		state payment for books, tools, personal materials and industry
1203	104		examinations shall be the aggregate amount of the cost of books, tools,
1204	105		personal materials and industry examinations for the career pathway
1205		-	program at the technical college or community college where such
1206		-	~~student~~ is enrolled and receiving assistance minus the aggregate
1207		-	~~amount of all~~ other aid awarded to such student. The amount of
1208		-	~~financial assistance such~~ payment provided for each student shall not
1209		-	~~exceed $500 over the lifetime~~ of the student.
	106	+	program at the technical college or community college where such student
	107	+	is enrolled and receiving assistance minus the aggregate amount of all
	108	+	other aid awarded to such student. The amount of financial assistance such
	109	+	payment provided for each student shall not exceed $500 over the lifetime
	110	+	of the student.
1210	111		(e) Each application to the state board of regents for issuance or
1211	112		duplication of a Kansas high school equivalency credential shall be
1212	113		accompanied by a fee established by the state board of regents in an
1213		-	amount of not more than $25. On or before June 1 of each year, the
1214		-	state board of regents shall determine the amount of revenue required
1215		-	to properly administer the provisions of this section during the next
1216		-	ensuing fiscal year and shall establish the Kansas high school
1217		-	equivalency credentials processing fee for such year in the amount
1218		-	deemed necessary for such purposes. Such fee shall become effective
1219		-	on the succeeding July 1 of each year. The state board of regents shall
1220		-	remit all moneys received by or for it from Kansas high school
1221		-	equivalency credentials processing fees to the state treasurer in
1222		-	accordance with the provisions of K.S.A. 75-4215, and amendments
1223		-	thereto. Upon receipt of each such remittance, the state treasurer shall
1224		-	deposit the entire amount in the state treasury to the credit of the
1225		-	Kansas high school equivalency credential processing fees fund, which
1226		-	fund is hereby established in the state treasury, and shall be used only
1227		-	for the payment of expenses connected with the processing, issuance,
1228		-	or duplication of Kansas high school equivalency credentials, and for
1229		-	the keeping of records by the state board of regents. All expenditures
1230		-	from the Kansas high school equivalency credential processing fees
1231		-	fund shall be made in accordance with appropriation acts upon warrants
1232		-	of the director of accounts and reports issued pursuant to vouchers
1233		-	approved by the state board of regents or by a person or persons
	114	+	amount of not more than $25. On or before June 1 of each year, the state
	115	+	board of regents shall determine the amount of revenue required to
	116	+	properly administer the provisions of this section during the next ensuing
	117	+	fiscal year and shall establish the Kansas high school equivalency
	118	+	credentials processing fee for such year in the amount deemed necessary
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	161	+	43 SB 438 3
	162	+	for such purposes. Such fee shall become effective on the succeeding July
	163	+	1 of each year. The state board of regents shall remit all moneys received
	164	+	by or for it from Kansas high school equivalency credentials processing
	165	+	fees to the state treasurer in accordance with the provisions of K.S.A. 75-
	166	+	4215, and amendments thereto. Upon receipt of each such remittance, the
	167	+	state treasurer shall deposit the entire amount in the state treasury to the
	168	+	credit of the Kansas high school equivalency credential processing fees
	169	+	fund, which fund is hereby established in the state treasury, and shall be
	170	+	used only for the payment of expenses connected with the processing,
	171	+	issuance, or duplication of Kansas high school equivalency credentials,
	172	+	and for the keeping of records by the state board of regents. All
	173	+	expenditures from the Kansas high school equivalency credential
	174	+	processing fees fund shall be made in accordance with appropriation acts
	175	+	upon warrants of the director of accounts and reports issued pursuant to
	176	+	vouchers approved by the state board of regents or by a person or persons
1234	177		designated by the state board.
1235	178		(f) The state board of regents may adopt rules and regulations to
1236	179		implement and administer the provisions of this act.
1237		-	Sec. 24. K.S.A. 2023 Supp. 75-4364 is hereby amended to read as
1238		-	follows: 75-4364. (a) This section shall be known and may be cited as
1239		-	the Kansas hero's scholarship act.
1240		-	(b) As used in this section:
1241		-	(1) "Accident" means an undesigned, sudden and unexpected
1242		-	traumatic event, usually of an afflictive or unfortunate nature and often, SENATE BILL No. 438—page 22
1243		-	but not necessarily, accompanied by a manifestation of force. An
1244		-	"accident" shall be identifiable by the time and place of occurrence,
1245		-	produce at the time symptoms of an injury and occur during a single
1246		-	work shift. The "accident" shall be the prevailing factor in causing the
1247		-	injury.
1248		-	(2) "Covered person" means a public safety officer or Kansas
1249		-	resident in military service to whom this section applies.
1250		-	(3) "Dependent" means: (A) A birth child, adopted child or
1251		-	stepchild; or (B) any child other than the foregoing who is actually
1252		-	dependent in whole or in part on the individual and who is related to
1253		-	such individual by marriage or consanguinity.
1254		-	(4) "Emergency medical service provider" means the same as
1255		-	defined in K.S.A. 65-6112, and amendments thereto.
1256		-	(5) "Fees" mean means those charges required by an institution to
1257		-	be paid by every student as a condition of enrollment. "Fees" do does
1258		-	not include all other charges associated with the student's academic
1259		-	program or living costs.
1260		-	(6) "Firefighter" means a person who is: (A) Employed by any
1261		-	city, county, township or other political subdivision of the state and
1262		-	who is assigned to the fire department thereof and engaged in the
1263		-	fighting and extinguishment of fires and the protection of life and
1264		-	property therefrom; or (B) a volunteer member of a fire district, fire
1265		-	department or fire company.
1266		-	(7) "Injured or disabled" means that the covered person, because
1267		-	of the injury or disability, has been rendered incapable of performing
1268		-	the duties of the following:
1269		-	(A) The position being performed at the time the injury or
1270		-	disability was sustained; and
1271		-	(B) any position that is at or above the pay level of the position the
1272		-	covered person was in at the time the injury or disability was sustained,
1273		-	if the covered person is a paid employee.
1274		-	(8) "Injury" and "disability" mean any lesion or change in the
1275		-	physical structure of the body causing damage or harm thereto that is
1276		-	not transitory or minor. "Injury" and "disability" shall occur only by
1277		-	accident, intentional act of violence or repetitive trauma.
1278		-	(9) (A) "Intentional act of violence" means one or a combination
1279		-	of the following:
1280		-	(i) A deliberate act by a third party that results in inflicting harm
1281		-	on a covered person while such person is performing those duties; or
1282		-	(ii) a deliberate act by a covered person in the reasonable
1283		-	performance of duties as a covered person that results in the infliction
1284		-	of harm on the covered person.
1285		-	(B) An "intentional act of violence" shall be identifiable by the
1286		-	time and place of occurrence, produce at the time symptoms of an
1287		-	injury and occur during a single work shift. The "intentional act of
1288		-	violence" shall be the prevailing factor in causing the injury.
1289		-	(C) "Intentional act of violence" does not include repetitive trauma
1290		-	in any form.
1291		-	(10) "Kansas postsecondary educational institution" means and
1292		-	includes community colleges, the municipal university, state
1293		-	educational institutions, the institute of technology at Washburn
1294		-	university and technical colleges.
1295		-	(11) "Law enforcement officer" means a person who by virtue of
1296		-	office or public employment is vested by law with a duty to maintain
1297		-	public order or to make arrests for violation of the laws of the state of
1298		-	Kansas or ordinances of any municipality thereof or with a duty to
1299		-	maintain or assert custody or supervision over persons accused or
1300		-	convicted of crime, and includes wardens, superintendents, directors,
1301		-	security personnel, officers and employees of adult and juvenile SENATE BILL No. 438—page 23
1302		-	correctional institutions, jails or other institutions or facilities for the
1303		-	detention of persons accused or convicted of crime, while acting within
1304		-	the scope of their authority.
1305		-	(12) "Military service" means any active service in any armed
1306		-	service of the United States and any active state or federal service in the
1307		-	Kansas army or air national guard.
1308		-	(13) "Nature of the employment" means that, to the occupation,
1309		-	trade or employment in which the covered person was engaged, there is
1310		-	attached a particular and peculiar hazard of the injury or disability that
1311		-	distinguishes the performance of job duties from other occupations and
1312		-	employments and that creates a hazard of such injury or disability in
1313		-	excess of the hazard of the injury or disability in general.
1314		-	(14) "Prisoner of war" means any person who was a resident of
1315		-	Kansas at the time the person entered service of the United States
1316		-	armed forces and who, while serving in the United States armed forces,
1317		-	has been declared to be a prisoner of war, as established by the United
1318		-	States secretary of defense, after January 1, 1960.
1319		-	(15) "Public safety employee" means any employee of a law
1320		-	enforcement office, sheriff's department, municipal fire department,
1321		-	volunteer and non-volunteer fire protection association, emergency
1322		-	medical services provider or correctional institution of the department
1323		-	of corrections.
1324		-	(16) "Public safety officer" means a law enforcement officer, a
1325		-	firefighter, an emergency medical service provider or a public safety
1326		-	employee.
1327		-	(17) (A) "Repetitive trauma" means the cause of an injury that
1328		-	occurs as a result of repetitive use, cumulative traumas or
1329		-	microtraumas. The repetitive nature of the injury shall be demonstrated
1330		-	by diagnostic or clinical tests. The "repetitive trauma" shall be the
1331		-	prevailing factor in causing the injury.
1332		-	(B) For purposes of the educational benefit conferred by this
1333		-	section, "repetitive trauma" includes only an injury arising out of the
1334		-	performing of duties and resulting from the nature of the employment
1335		-	in which a covered person was engaged and that was actually
1336		-	contracted while so engaged. The injury shall appear to have had its
1337		-	origin in a special risk of the injury connected with the particular type
1338		-	of employment and to have resulted from that source as a reasonable
1339		-	consequence of the risk. Ordinary injuries of life and conditions to
1340		-	which the general public is or could be exposed outside of the
1341		-	particular employment, and hazards of injuries and conditions attending
1342		-	employment in general, shall not qualify as "repetitive trauma."
1343		-	(18) "Resident of Kansas" means a person who is a domiciliary
1344		-	resident as defined by K.S.A. 76-729, and amendments thereto.
1345		-	(19) "Spouse" means the spouse of a public safety officer or
1346		-	member of the military service who has not remarried.
1347		-	(20) "State board" means the state board of regents.
1348		-	(c) (1) Up to the aggregate limit for such financial assistance
1349		-	established for each academic year by the state board of regents based
1350		-	on the annual appropriated amounts for the reimbursements paid
1351		-	pursuant to subsection (d), every Kansas postsecondary educational
1352		-	institution shall provide for enrollment without charge of tuition or fees
1353		-	for:
1354		-	(A) Any eligible dependent or spouse of a public safety officer
1355		-	who:
1356		-	(i) Was injured or disabled while performing duties as a public
1357		-	safety officer; or
1358		-	(ii) died as the result of injury sustained while performing duties
1359		-	as a public safety officer;
1360		-	(B) any dependent or spouse of any resident of Kansas who: SENATE BILL No. 438—page 24
1361		-	(i) Died or was injured or disabled on or after September 11, 2001,
1362		-	while, and as a result of, serving in military service;
1363		-	(ii) sustained a service-connected injury or disability that
1364		-	rendered the servicemember incapable of continuing such
1365		-	servicemember's military service; or
1366		-	(ii)(iii) is entitled to compensation from the United States
1367		-	department of veterans affairs for a service-connected disability of at
1368		-	least 80% because of a public statute administered by the department of
1369		-	veterans affairs or a military department as a result of injuries or
1370		-	accidents sustained in combat after September 11, 2001; and
1371		-	(C) any prisoner of war.
1372		-	(2) Any such dependent or spouse and any prisoner of war shall be
1373		-	eligible for enrollment at a Kansas postsecondary educational
1374		-	institution without charge of tuition or fees for not to exceed 10
1375		-	semesters of undergraduate instruction, or the equivalent thereof, at all
1376		-	such institutions.
1377		-	(d) Subject to appropriations therefor, any Kansas postsecondary
1378		-	educational institution, at which enrollment, without charge of tuition
1379		-	or fees, of a prisoner of war or a dependent or spouse is provided for
1380		-	under subsection (b) (c), may file a claim with the state board for
1381		-	reimbursement of the amount of such tuition and fees. In any fiscal
1382		-	year, such reimbursement shall not exceed a total of $500,000. The
1383		-	state board shall include in its budget estimates pursuant to K.S.A. 75-
1384		-	3717, and amendments thereto, a request for appropriations to cover
1385		-	tuition and fee claims pursuant to this section. The state board shall be
1386		-	responsible for payment of reimbursements to Kansas postsecondary
1387		-	educational institutions upon certification by each such institution of
1388		-	the amount of reimbursement to which such institution is entitled.
1389		-	Payments to Kansas postsecondary educational institutions shall be
1390		-	made upon vouchers approved by the state board, or the state board's
1391		-	designee, and upon warrants of the director of accounts and reports.
1392		-	Payments may be made by issuance of a single warrant to each Kansas
1393		-	postsecondary educational institution at which one or more eligible
1394		-	dependents or spouses or prisoners of war are enrolled for the total
1395		-	amount of tuition and fees not charged for enrollment at that institution.
1396		-	The director of accounts and reports shall cause such warrant to be
1397		-	delivered to the Kansas postsecondary educational institution at which
1398		-	any such eligible dependents or spouses or prisoners of war are
1399		-	enrolled. If an eligible dependent or spouse or prisoner of war
1400		-	discontinues attendance before the end of any semester, after the
1401		-	Kansas postsecondary educational institution has received payment
1402		-	under this subsection, the such institution shall pay to the state the
1403		-	entire amount that such eligible dependent or spouse or prisoner of war
1404		-	would otherwise qualify to have refunded, not to exceed the amount of
1405		-	the payment made by the state in behalf of such dependent or spouse or
1406		-	prisoner of war for the semester. All amounts paid to the state by
1407		-	Kansas postsecondary educational institutions under this subsection
1408		-	shall be deposited in the state treasury and credited to the state general
1409		-	fund.
1410		-	(e) The state board shall adopt rules and regulations for
1411		-	administration of the provisions of this section and shall determine the
1412		-	qualification of persons as dependents and spouses of public safety
1413		-	officers or United States military personnel and the eligibility of such
1414		-	persons for the benefits provided for under this section.
1415		-	Sec. 25. K.S.A. 74-3284, 74-3285, 74-3286, 74-3287, 74-3288,
1416		-	74-3289, 74-3292, 74-3293, 74-3294, 74-3295, 74-3296, 74-3297, 74-
1417		-	3298 and 74-3299 and K.S.A. 2023 Supp. 72-5170, 74-32,267 and 75-
1418		-	4364 are hereby repealed. SENATE BILL No. 438—page 25
1419		-	Sec. 26. This act shall take effect and be in force from and after its
1420		-	publication in the Kansas register.
1421		-	I hereby certify that the above BILL originated in the
1422		-	SENATE, and passed that body
1423		-	__________________________
1424		-	SENATE adopted
1425		-	Conference Committee Report ________________
1426		-	_________________________
1427		-	President of the Senate.
1428		-	_________________________
1429		-	Secretary of the Senate.
1430		-
1431		-	Passed the HOUSE
1432		-	as amended _________________________
1433		-	HOUSE adopted
1434		-	Conference Committee Report ________________
1435		-	_________________________
1436		-	Speaker of the House.
1437		-	_________________________
1438		-	Chief Clerk of the House.
1439		-	APPROVED _____________________________
1440		-	_________________________
1441		-	Governor.
	180	+	Sec. 2. K.S.A. 2023 Supp. 74-32,267 is hereby repealed.
	181	+	Sec. 3. This act shall take effect and be in force from and after its
	182	+	publication in the statute book.
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