Kansas Statutes

Chapter 71: Schools--Community Colleges

Article 6: State Aid And Fiscal Provisions

Statutes:

• 71-601: Definitions; credit hour; full-time equivalent enrollment; state grant.
• 71-602:
• 71-603: Certification to state board of credit hour enrollments and property valuations.
• 71-604: State entitlements; proration of insufficient appropriation; overpayments; underpayments.
• 71-605: Same; distribution, when; credit to general fund.
• 71-606: Curriculum limitation.
• 71-607:
• 71-608:
• 71-609: Same; subjects and courses taught outside home county, certain authorizations required.
• 71-609a: Same; disallowed for courses and programs taught under certain agreements.
• 71-610:
• 71-611: Definitions; operating expenses; legally adopted budget; general fund.
• 71-612: Budget authority.
• 71-612a:
• 71-613: Vocational education fund; accounting procedures.
• 71-613a: Same; state entitlements and student tuition.
• 71-614: General fund; transfer authorizations; operating expense; certain expenditures prohibited.
• 71-615: Exceeding budget; penalty.
• 71-616:
• 71-617: Adult basic education; tax levy authorized, limitations, protest; fund, sources; expenses.
• 71-618:
• 71-619:
• 71-620: Operating grant, amount; quality performance grant; eligibility and amount; determination of FTE enrollment; definitions.
• 71-620a:

• 71-601: Definitions; credit hour; full-time equivalent enrollment; state grant. (a) "Credit hour" means the basic unit of collegiate level instruction, as determined by the state board, in a subject or course offered at a level not higher than those subjects or courses normally offered to freshmen and sophomores in four-year institutions of postsecondary education which subject or course is approved by the state board. Credit hour does not include within its meaning instruction in a subject or course taken by a student enrolled for audit or in any subject or course not approved by the state board. The state board shall determine whether the subjects and courses offered in the community colleges are at the level of freshmen and sophomore subjects and courses offered in the state educational institutions and shall not approve any subject or course offered at a higher level.

        (b)   "Full-time equivalent enrollment" or "FTE enrollment" means the quotient obtained by dividing by 30 the total credit hour enrollment in a fiscal year of students of a community college who are residents of the state of Kansas, or are considered residents of the state of Kansas pursuant to the provisions of K.S.A. 71-407, and amendments thereto.

        (c)   "State grant" means the operating grant provided for under subsection (a) of K.S.A. 71-620, and amendments thereto, and if entitlement is determined, the quality performance grant provided for under subsection (b) of K.S.A. 71-620, and amendments thereto.

        History:   L. 1961, ch. 363, § 1; L. 1963, ch. 390, § 1; L. 1965, ch. 417, § 17; L. 1968, ch. 211, § 13; L. 1969, ch. 310, § 42; L. 1970, ch. 286, § 1; L. 1973, ch. 274, § 12; L. 1978, ch. 278, § 2; L. 1980, ch. 208, § 1; L. 1980, ch. 209, § 2; L. 1986, ch. 256, § 5; L. 1999, ch. 70, § 1; L. 1999, ch. 147, § 39; July 1.

• 71-602:

        History:   L. 1961, ch. 363, § 3; L. 1963, ch. 390, § 3; L. 1965, ch. 417, § 19; L. 1968, ch. 211, § 14; L. 1972, ch. 265, § 1; L. 1973, ch. 274, § 7; L. 1975, ch. 361, § 2; L. 1977, ch. 233, § 1; L. 1978, ch. 278, § 3; L. 1978, ch. 280, § 1; L. 1980, ch. 208, § 2; L. 1980, ch. 209, § 3; L. 1982, ch. 282, § 2; L. 1984, ch. 258, § 1; L. 1985, ch. 234, § 2; L. 1988, ch. 274, § 3; L. 1995, ch. 207, § 2; L. 1996, ch. 152, § 3; L. 1997, ch. 11, § 4; L. 1999, ch. 147, § 55; expired, June 30, 2000.

• 71-603: Certification to state board of credit hour enrollments and property valuations. (a) On or before November 1 and on or before March 1 of each year, the chief administrative officer of each community college shall certify under oath to the state board the total number of duly enrolled credit hours of students of the community college during the current session who meet the state residence requirement or who are considered residents of the state pursuant to the provisions of K.S.A. 71-407, and amendments thereto. Each November 1 and March 1, certification for payment shall set forth separately the credit hour enrollment for preceding sessions and for the current fall session. The state board may require the community college to furnish any additional information deemed necessary by it to carry out the provisions of this act, and shall prescribe such forms and policies as may be necessary for making such reports.

        (b)   In November of each year, the county clerk of each county shall certify to the state board with respect to each community college district in the county, the current assessed valuation of taxable tangible property within each such district. As used in this subsection, the term "taxable tangible property" means all real and tangible personal property which is subject to general ad valorem taxation.

        History:   L. 1961, ch. 363, § 4; L. 1963, ch. 390, § 4; L. 1965, ch. 417, § 20; L. 1968, ch. 211, § 15; L. 1973, ch. 274, § 13; L. 1980, ch. 207, § 30; L. 1986, ch. 259, § 1; L. 1990, ch. 252, § 3; L. 1996, ch. 152, § 4; L. 1997, ch. 11, § 5; Mar. 27.

• 71-604: State entitlements; proration of insufficient appropriation; overpayments; underpayments. (a) If the amount of any appropriation for state entitlements is insufficient to pay in full the amount each community college is entitled to receive, the amount appropriated shall be prorated among all community colleges in proportion to the amount each is entitled to receive.

        (b)   If any community college is paid more than the amount it is entitled to receive, the state board shall notify the community college of the amount of the overpayment and the community college shall remit the same to the state board and the state board shall deposit the same in the state treasury to the credit of the general fund, and if any such community college fails so to remit, the state board shall deduct the excess amount so paid from future payments becoming due to such community college.

        (c)   If any community college is paid less than the amount it is entitled to receive, the state board shall pay the additional amount due at any time within the fiscal year in which the underpayment was made or within 60 days after the end of such fiscal year.

        History:   L. 1961, ch. 363, § 5; L. 1963, ch. 390, § 5; L. 1965, ch. 417, § 21; L. 1968, ch. 211, § 16; L. 1972, ch. 265, § 2; L. 1973, ch. 274, § 8; L. 1978, ch. 278, § 4; L. 1978, ch. 280, § 2; L. 1979, ch. 216, § 1; L. 1979, ch. 217, § 2; L. 1980, ch. 207, § 31; L. 1986, ch. 259, § 2; L. 1999, ch. 147, § 42; July 1.

• 71-605: Same; distribution, when; credit to general fund. The distribution of the appropriation for state grants shall be made in substantially equal payments on August 1 and January 1 of each fiscal year, or as soon thereafter as possible. The state board shall certify, on or before July 20 and December 20 of each fiscal year, to the director of accounts and reports the amount due on August 1 or on January 1, as the case may be, to each community college entitled to a state grant from such appropriation, and the director of accounts and reports shall draw a warrant upon the state treasurer in favor of the community college for such amount. Upon receipt of the warrant, the treasurer of the community college shall credit the amount of the warrant to the general fund of the community college.

        History:   L. 1961, ch. 363, § 6; L. 1963, ch. 390, § 6; L. 1965, ch. 417, § 22; L. 1968, ch. 211, § 17; L. 1973, ch. 274, § 9; L. 1980, ch. 207, § 32; L. 1986, ch. 259, § 3; L. 1987, ch. 273, § 2; L. 1999, ch. 147, § 43; July 1, 2000.

• 71-606: Curriculum limitation. The provisions of this act shall apply only to community colleges accredited by the state board whose collegiate credit curriculums are limited to a program of not more than two (2) years.

        History:   L. 1961, ch. 363, § 7; L. 1963, ch. 390, § 7; L. 1965, ch. 417, § 23; L. 1968, ch. 211, § 18; L. 1980, ch. 207, § 33; July 1.

• 71-607:

        History:   L. 1973, ch. 274, § 11; L. 1973, ch. 275, § 1; L. 1978, ch. 281, § 4; L. 1978, ch. 280, § 3; L. 1980, ch. 211, § 2; L. 1982, ch. 282, § 2; L. 1984, ch. 258, § 1; L. 1986, ch. 256, § 6; L. 1988, ch. 274, § 4; L. 1993, ch. 265, § 9; L. 1996, ch. 152, § 5; L. 1997, ch. 11, § 6; L. 1999, ch. 147, § 56; expired, June 30, 2000.

• 71-608:

        History:   L. 1973, ch. 274, § 14; Repealed, L. 1975, ch. 361, § 8; July 1.

• 71-609: Same; subjects and courses taught outside home county, certain authorizations required. (a) No amount of a state entitlement shall be based upon enrollment in any subject or course the principal part of which is taught at a location outside the county of the main campus of the community college, unless the location of such subject or course is specifically authorized by the state board of regents.

        (b) (1)   No amount of a state entitlement shall be based upon enrollment in any subject or course which is taught in a county in which the main campus of a state educational institution is located, unless the teaching of such subject or course is specifically authorized by the chief executive officer of the state educational institution or by a designee of the chief executive officer. The chief executive officer of each state educational institution may designate and authorize a person or committee to act on behalf of the chief executive officer in granting the authorizations required by this subsection.

        (2)   For the purposes of this subsection, the term "main campus of a state educational institution" as applied to Kansas state university of agriculture and applied science means and includes the campus of the university located in Riley county and the campus of the university's college of technology located in Saline county.

        History:   L. 1973, ch. 274, § 15; L. 1978, ch. 278, § 6; L. 1979, ch. 217, § 3; L. 1980, ch. 207, § 35; L. 1986, ch. 259, § 4; L. 1992, ch. 248, § 7; L. 1993, ch. 265, § 10; L. 1994, ch. 179, § 1; L. 1995, ch. 207, § 3; L. 1996, ch. 152, § 6; L. 1998, ch. 176, § 3; L. 1999, ch. 147, § 44; July 1.

• 71-609a: Same; disallowed for courses and programs taught under certain agreements. No amount of the state entitlement of a community college shall be based upon any course or program if such course or program is taught in an area vocational school, an area vocational-technical school, or a technical college under an agreement with such community college and for which payments of state or federal moneys are made to the area vocational school, the area vocational-technical school, or the technical college under the provisions of article 44 of chapter 72 of Kansas Statutes Annotated.

        History:   L. 1978, ch. 278, § 7; L. 1978, ch. 280, § 4; L. 1980, ch. 207, § 36; L. 1986, ch. 259, § 5; L. 1999, ch. 147, § 45; July 1.

• 71-610:

        History:   L. 1973, ch. 276, § 1; L. 1980, ch. 207, § 37; L. 1999, ch. 147, § 46; L. 2002, ch. 108, § 18; L. 2003, ch. 35, § 18; Revived and Amend., L. 2004, ch. 185, § 45; Expired, June 30, 2006.

• 71-611: Definitions; operating expenses; legally adopted budget; general fund. (a) "Operating expenses" means the total expenditures and lawful transfers from the general fund of a community college during a fiscal year for all purposes.

        (b)   "Legally adopted budget of operating expenses" means the amount legally authorized and budgeted for operating expenses in the general fund of a community college.

        (c)   "General fund" means the fund of a community college from which operating expenses are paid and, subject to the provisions of K.S.A. 71-613a, and amendments thereto, to which all amounts of state entitlements, property taxes for general purposes, student tuition, and other moneys provided for by law are credited.

        History:   L. 1973, ch. 274, § 16; L. 1975, ch. 362, § 1; L. 1975, ch. 361, § 3; L. 1980, ch. 207, § 38; L. 1986, ch. 259, § 6; L. 1987, ch. 265, § 1; L. 1996, ch. 152, § 7; L. 1999, ch. 147, § 47; July 1.

• 71-612: Budget authority. In any fiscal year, each community college may budget and expend for operating expenses any amount the board of trustees determines necessary to be budgeted therefor.

        History:   L. 1973, ch. 274, § 17; L. 1974, ch. 278, § 2; L. 1975, ch. 361, § 4; L. 1976, ch. 300, § 2; L. 1977, ch. 234, § 1; L. 1978, ch. 282, § 1; L. 1979, ch. 217, § 4; L. 1980, ch. 207, § 39; L. 1980, ch. 209, § 4; L. 1981, ch. 270, § 3; L. 1986, ch. 259, § 7; July 1.

• 71-612a:

        History:   L. 1974, ch. 278, § 1; L. 1975, ch. 361, § 5; L. 1976, ch. 300, § 3; Repealed, L. 1977, ch. 234, § 3; July 1.

• 71-613: Vocational education fund; accounting procedures. (a) The vocational education fund of a community college, established by K.S.A. 72-4424, and amendments thereto, which statutory section shall expire on June 30, 2000, is hereby continued in existence in each community college. All moneys received by a community college for establishing, conducting, maintaining and administering any vocational education program authorized under article 44 of chapter 72 of Kansas Statutes Annotated shall be deposited in the vocational education fund, unless required to be deposited in the general fund. The expenses of a community college attributable to vocational education shall be paid from the vocational education fund.

        (b)   Community colleges shall maintain fund accounting procedures as may be necessary to assure proper accounting for federal funds for vocational education special projects, whether received directly from the federal government or any of its agencies, or received through the state or any of its agencies.

        History:   L. 1973, ch. 274, § 18; L. 1980, ch. 207, § 40; L. 1999, ch. 147, § 48; L. 2000, ch. 86, § 1; April 20.

• 71-613a: Same; state entitlements and student tuition. All amounts of state entitlements and student tuition received by a community college for any program authorized by article 44 of chapter 72 of Kansas Statutes Annotated may be deposited in the vocational education fund of the community college.

        History:   L. 1975, ch. 362, § 2; L. 1980, ch. 207, § 41; L. 1986, ch. 259, § 8; L. 1996, ch. 152, § 8; L. 1999, ch. 147, § 49; July 1.

• 71-614: General fund; transfer authorizations; operating expense; certain expenditures prohibited. Any lawful transfer of money from the general fund of a community college to the vocational education fund, adult education fund, adult supplementary education fund or motorcycle driver safety fund shall be an operating expense in the year the transfer is made. The board of trustees of any community college may transfer moneys from its general fund to its vocational education fund, adult education fund, adult supplementary education fund or motorcycle driver safety fund. Expenditures for vocational education, adult basic education, adult supplementary education and motorcycle driver safety shall not be made from the general fund of a community college.

        History:   L. 1973, ch. 274, § 19; L. 1974, ch. 311, § 12; L. 1974, ch. 312, § 3; L. 1979, ch. 223, § 1; L. 1980, ch. 207, § 42; L. 1989, ch. 39, § 4; July 1.

• 71-615: Exceeding budget; penalty. If a community college expends in any fiscal year an amount for operating expenses which exceeds its legally adopted budget of operating expenses, the state board of regents shall determine the excess and deduct the same from amounts payable to the community college during the next fiscal year.

        History:   L. 1973, ch. 274, § 20; L. 1980, ch. 207, § 43; L. 1981, ch. 270, § 4; L. 1999, ch. 147, § 50; July 1.

• 71-616:

        History:   L. 1973, ch. 274, § 21; L. 1975, ch. 361, § 6; L. 1977, ch. 234, § 2; L. 1980, ch. 207, § 44; Repealed, L. 1981, ch. 270, § 5; July 1.

• 71-617: Adult basic education; tax levy authorized, limitations, protest; fund, sources; expenses. (a) The board of trustees of any community college may levy a tax in each year for a period of not to exceed five (5) years of not to exceed one-fourth (1/4) mill on all taxable tangible property within the district to maintain and operate an adult basic education program at a level approved by the state board. In no event shall the tax levy authorized hereunder be at a rate which will produce an amount in excess of fifty thousand dollars ($50,000). Such tax levy shall be in addition to all other tax levies authorized or limited by law. Proceeds from such tax levy shall be deposited in the adult education fund of the community college which fund is hereby established. All moneys received by a community college for adult basic education shall be deposited in the adult education fund. The expenses of a community college attributable to adult basic education shall be paid from the adult education fund.

        (b)   No tax levy shall be made under authority of this section until a resolution authorizing such a levy is passed by the board of trustees and published once a week for three (3) consecutive weeks in a newspaper having general circulation in the community college district, and such resolution shall specify the millage rate of such tax levy and the period of time for which such tax levy shall be made under authority thereof. After the adoption of such resolution such levy may be made unless, within ninety (90) days following the last publication of the resolution, a petition in opposition to such levy, signed by not less than five percent (5%) of the qualified electors of such community college district, is filed with the county election officer of the county in which the main campus of the community college is located. In the event such a petition is filed, such levy shall not be made without the question of levying the same having been submitted to and been approved by a majority of the qualified electors of the district voting at an election which shall be called for that purpose or at the next general election.

        History:   L. 1974, ch. 311, § 8; L. 1974, ch. 312, § 2; L. 1978, ch. 283, § 1; L. 1979, ch. 223, § 2; L. 1980, ch. 207, § 45; July 1.

• 71-618:

        History:   L. 1978, ch. 279, § 1; L. 1980, ch. 207, § 46; L. 1987, ch. 265, § 2; L. 1988, ch. 273, § 3; L. 1994, ch. 137, § 2; Repealed, L. 1996, ch. 152, § 10; July 1.

• 71-619:

        History:   L. 1986, ch. 259, § 9; L. 1987, ch. 265, § 3; L. 1990, ch. 252, § 4; L. 1996, ch. 152, § 9; L. 1997, ch. 11, § 7; L. 1999, ch. 147, § 57; expired, June 30, 2000.

• 71-620: Operating grant, amount; quality performance grant; eligibility and amount; determination of FTE enrollment; definitions. (a) In each fiscal year, commencing with the 2001 fiscal year, each community college is entitled to an operating grant from the state general fund in an amount to be determined by the state board. The state board shall:

        (1)   Determine the average amount of moneys from the state general fund expended per FTE lower division undergraduate student in the preceding fiscal year at the regional state educational institutions;

        (2) (A)   in the 2001 fiscal year, compute 50% of the amount determined under (1); (B) in the 2002 fiscal year, compute 55% of the amount determined under (1); (C) in the 2003 fiscal year, compute 60% of the amount determined under (1); in the 2004 fiscal year and in each fiscal year thereafter, compute 65% of the amount determined under (1);

        (3)   determine the total number of FTE students of all the community colleges;

        (4)   multiply the amount computed under (2) by the total number of FTE students determined under (3). Subject to the provisions of subsection (e) of K.S.A. 74-3202d, and amendments thereto, the product is the total amount of operating grants the community colleges are entitled to receive for the fiscal year.

        (5)   Each community college which is not an officially designated area vocational school shall receive an amount equivalent to the difference between credit hour state aid received in the 1999 fiscal year for credit hours in any subject or course approved as a vocational education subject or course and 1 1/6 times the amount of credit hour state aid received in the 1999 fiscal year for credit hours in any subject or course approved as a vocational education subject or course. The amount determined under this provision shall be distributed in equal installments in the 2001 through 2004 fiscal years as a part of the community college's operating grant, but shall not be subject to the provisions of K.S.A. 71-204, and amendments thereto.

        (6)   In each fiscal year, the state board, for the purpose of allocating the amount determined under (4) to the community colleges, shall deduct the total of the amounts determined under (5) from the amount determined under (4).

        (7)   In the 2001 fiscal year, the remaining balance determined under (6) shall be allocated to each community college according to the ratio the total amount of state aid received by the community college in the 2000 fiscal year bears to the total amount of state aid received by all community colleges in the 2000 fiscal year, subject to adjustments for changes in each community college's FTE enrollment from the 2000 fiscal year to the 2001 fiscal year.

        (8)   In the 2002 fiscal year and in each fiscal year thereafter, the remaining balance determined under (6) shall be allocated to each community college according to the ratio the amount of the operating grant received by the community college in the prior fiscal year bears to the total amount of operating grants received by all community colleges in the prior fiscal year, subject to adjustments for changes in each community college's FTE enrollment from the prior fiscal year to the current fiscal year.

        (b)   In each fiscal year, commencing with the 2003 fiscal year, each community college is eligible to receive a quality performance grant from the state general fund. If the state board determines that the community college has demonstrated effectiveness in complying with its role and mission statement and has met or exceeded the core indicators of quality performance for community colleges identified and approved by the state board, the community college shall receive a quality performance grant in an amount which shall be determined by the state board by computing 2% of the amount of the operating grant the community college received in the preceding fiscal year. The computed amount is the amount of the quality performance grant the community college shall receive for the fiscal year.

        (c)   For the purposes of this section, the FTE enrollment of the community college shall be based on: (1) Enrollment of students who are residents of the state of Kansas, or are considered residents of the state of Kansas pursuant to the provisions of K.S.A. 71-407, and amendments thereto; and (2) the greater of FTE enrollment of the community college in the current fiscal year or FTE enrollment in the preceding fiscal year.

        (d)   As used in this section, the term regional state educational institutions means Emporia state university, Fort Hays state university and Pittsburg state university and the term lower division undergraduate student means a freshman or sophomore.

        History:   L. 1999, ch. 147, § 40; L. 2000, ch. 158, § 1; L. 2002, ch. 188, § 8; July 1.

• 71-620a:

        History:   L. 1999, ch. 147, § 41; expired, June 30, 2001.