History: L. 1959, ch. 306, § 1; L. 1963, ch. 389, § 1; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1959, ch. 306, § 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1959, ch. 306, § 3; L. 1961, ch. 347, § 1; L. 1963, ch. 389, § 2; Repealed, L. 1965, ch. 402, § 20; May 1.
History: L. 1959, ch. 306, § 4; L. 1963, ch. 389, § 3; Repealed, L. 1965, ch. 402, § 20; May 1.
(b) Except for the provisions of K.S.A. 2007 Supp. 75-2321, and amendments thereto, the provisions of the school district finance and quality performance act are not severable. Except for the provisions of K.S.A. 2007 Supp. 75-2321, and amendments thereto, if any provision of that act is stayed or is held to be invalid or unconstitutional, it shall be presumed conclusively that the legislature would not have enacted the remainder of such act without such stayed, invalid or unconstitutional provision.
History: L. 1992, ch. 280, § 1; L. 2005, ch. 194, § 19; L. 2006, ch. 197, § 8; July 1.
(b) "Board" means the board of education of a school district.
(c) "State board" means the state board of education.
(d) The provisions of this section shall take effect and be in force from and after July 1, 1992.
History: L. 1992, ch. 280, § 2; May 28.
(2) Except as otherwise provided in paragraph (3) of this subsection, a pupil in attendance full time shall be counted as one pupil. A pupil in attendance part time shall be counted as that proportion of one pupil (to the nearest 1/10) that the pupil's attendance bears to full-time attendance. A pupil attending kindergarten shall be counted as ½ pupil. A pupil enrolled in and attending an institution of postsecondary education which is authorized under the laws of this state to award academic degrees shall be counted as one pupil if the pupil's postsecondary education enrollment and attendance together with the pupil's attendance in either of the grades 11 or 12 is at least 5/6 time, otherwise the pupil shall be counted as that proportion of one pupil (to the nearest 1/10) that the total time of the pupil's postsecondary education attendance and attendance in grade 11 or 12, as applicable, bears to full-time attendance. A pupil enrolled in and attending an area vocational school, area vocational-technical school or approved vocational education program shall be counted as one pupil if the pupil's vocational education enrollment and attendance together with the pupil's attendance in any of grades nine through 12 is at least 5/6 time, otherwise the pupil shall be counted as that proportion of one pupil (to the nearest 1/10) that the total time of the pupil's vocational education attendance and attendance in any of grades nine through 12 bears to full-time attendance. A pupil enrolled in a district and attending special education and related services, except special education and related services for preschool-aged exceptional children, provided for by the district shall be counted as one pupil. A pupil enrolled in a district and attending special education and related services for preschool-aged exceptional children provided for by the district shall be counted as ½ pupil. A preschool-aged at-risk pupil enrolled in a district and receiving services under an approved at-risk pupil assistance plan maintained by the district shall be counted as ½ pupil. A pupil in the custody of the secretary of social and rehabilitation services or in the custody of the commissioner of juvenile justice and enrolled in unified school district No. 259, Sedgwick county, Kansas, but housed, maintained, and receiving educational services at the Judge James V. Riddel Boys Ranch, shall be counted as two pupils.
(3) A pupil residing at the Flint Hills job corps center shall not be counted. A pupil confined in and receiving educational services provided for by a district at a juvenile detention facility shall not be counted. A pupil enrolled in a district but housed, maintained, and receiving educational services at a state institution shall not be counted. A pupil enrolled in a virtual school in a district but who is not a resident of the state of Kansas shall not be counted.
(b) "Preschool-aged exceptional children" means exceptional children, except gifted children, who have attained the age of three years but are under the age of eligibility for attendance at kindergarten.
(c) "At-risk pupils" means pupils who are eligible for free meals under the national school lunch act and who are enrolled in a district which maintains an approved at-risk pupil assistance plan.
(d) "Preschool-aged at-risk pupil" means an at-risk pupil who has attained the age of four years, is under the age of eligibility for attendance at kindergarten, and has been selected by the state board in accordance with guidelines consonant with guidelines governing the selection of pupils for participation in head start programs.
(e) "Enrollment" means: (1) (A) Subject to the provisions of paragraph (1)(B), for districts scheduling the school days or school hours of the school term on a trimestral or quarterly basis, the number of pupils regularly enrolled in the district on September 20 plus the number of pupils regularly enrolled in the district on February 20 less the number of pupils regularly enrolled on February 20 who were counted in the enrollment of the district on September 20; and for districts not specified in this paragraph (1), the number of pupils regularly enrolled in the district on September 20; (B) a pupil who is a foreign exchange student shall not be counted unless such student is regularly enrolled in the district on September 20 and attending kindergarten or any of the grades one through 12 maintained by the district for at least one semester or two quarters or the equivalent thereof;
(2) if enrollment in a district in any school year has decreased from enrollment in the preceding school year, enrollment of the district in the current school year means whichever is the greater of (A) enrollment in the preceding school year minus enrollment in such school year of preschool-aged at-risk pupils, if any such pupils were enrolled, plus enrollment in the current school year of preschool-aged at-risk pupils, if any such pupils are enrolled, or (B) the sum of enrollment in the current school year of preschool-aged at-risk pupils, if any such pupils are enrolled and the average (mean) of the sum of (i) enrollment of the district in the current school year minus enrollment in such school year of preschool-aged at-risk pupils, if any such pupils are enrolled and (ii) enrollment in the preceding school year minus enrollment in such school year of preschool-aged at-risk pupils, if any such pupils were enrolled and (iii) enrollment in the school year next preceding the preceding school year minus enrollment in such school year of preschool-aged at-risk pupils, if any such pupils were enrolled; or
(3) the number of pupils as determined under K.S.A. 72-6447 or K.S.A. 2007 Supp. 72-6448, and amendments thereto.
(f) "Adjusted enrollment" means enrollment adjusted by adding at-risk pupil weighting, program weighting, low enrollment weighting, if any, density at-risk weighting, if any, nonproficient pupil weighting, if any, high enrollment weighting, if any, declining enrollment weighting, if any, school facilities weighting, if any, ancillary school facilities weighting, if any, cost of living weighting, if any, special education and related services weighting, and transportation weighting to enrollment.
(g) "At-risk pupil weighting" means an addend component assigned to enrollment of districts on the basis of enrollment of at-risk pupils.
(h) "Program weighting" means an addend component assigned to enrollment of districts on the basis of pupil attendance in educational programs which differ in cost from regular educational programs.
(i) "Low enrollment weighting" means an addend component assigned to enrollment of districts pursuant to K.S.A. 72-6412, and amendments thereto, on the basis of costs attributable to maintenance of educational programs by such districts in comparison with costs attributable to maintenance of educational programs by districts having to which high enrollment weighting is assigned pursuant to K.S.A. 2007 Supp. 72-6442b, and amendments thereto.
(j) "School facilities weighting" means an addend component assigned to enrollment of districts on the basis of costs attributable to commencing operation of new school facilities.
(k) "Transportation weighting" means an addend component assigned to enrollment of districts on the basis of costs attributable to the provision or furnishing of transportation.
(l) "Cost of living weighting" means an addend component assigned to enrollment of districts to which the provisions of K.S.A. 2007 Supp. 72-6449, and amendments thereto, apply on the basis of costs attributable to the cost of living in the district.
(m) "Ancillary school facilities weighting" means an addend component assigned to enrollment of districts to which the provisions of K.S.A. 72-6441, and amendments thereto, apply on the basis of costs attributable to commencing operation of new school facilities. Ancillary school facilities weighting may be assigned to enrollment of a district only if the district has levied a tax under authority of K.S.A. 72-6441, and amendments thereto, and remitted the proceeds from such tax to the state treasurer. Ancillary school facilities weighting is in addition to assignment of school facilities weighting to enrollment of any district eligible for such weighting.
(n) "Juvenile detention facility" has the meaning ascribed thereto by 72-8187, and amendments thereto.
(o) "Special education and related services weighting" means an addend component assigned to enrollment of districts on the basis of costs attributable to provision of special education and related services for pupils determined to be exceptional children.
(p) "Virtual school" means any kindergarten or grades one through 12 course offered for credit that uses distance-learning technologies which predominantly use internet-based methods to deliver instruction and for which the course content is available on an "anytime, anyplace" basis, but the instruction occurs asynchronously with the teacher and pupil in separate locations, not necessarily located within a local education agency.
(q) "Declining enrollment weighting" means an addend component assigned to enrollment of districts to which the provisions of K.S.A. 2007 Supp. 72-6451, and amendments thereto, apply on the basis of reduced revenues attributable to the declining enrollment of the district.
(r) "High enrollment weighting" means an addend component assigned to enrollment of districts pursuant to K.S.A. 2007 Supp. 72-6442b, and amendments thereto, on the basis of costs attributable to maintenance of educational programs by such districts as a correlate to low enrollment weighting assigned to enrollment of districts pursuant to K.S.A. 72-6412, and amendments thereto.
(s) "High density at-risk pupil weighting" means an addend component assigned to enrollment of districts to which the provisions of K.S.A. 2007 Supp. 72-6455, and amendments thereto, apply.
(t) "Nonproficient pupil" means a pupil who is not eligible for free meals under the national school lunch act and who has scored less than proficient on the mathematics or reading state assessment during the preceding school year and who is enrolled in a district which maintains an approved proficiency assistance plan.
(u) "Nonproficient pupil weighting" means an addend component assigned to enrollment of districts on the basis of enrollment of nonproficient pupils pursuant to K.S.A. 2007 Supp. 72-6454, and amendments thereto.
(v) "Psychiatric residential treatment facility" has the meaning ascribed thereto by K.S.A. 72-8187, and amendments thereto.
History: L. 1992, ch. 280, § 3; L. 1993, ch. 264, § 8; L. 1994, ch. 307, § 12; L. 1995, ch. 160, § 1; L. 1997, ch. 41, § 1; L. 1998, ch. 118, § 1; L. 1999, ch. 165, § 1; L. 2000, ch. 95, § 1; L. 2001, ch. 215, § 1; L. 2001, ch. 215, § 4; L. 2002, ch. 193, § 1; L. 2003, ch. 104, § 7; L. 2004, ch. 124, § 4; L. 2005, ch. 194, § 16; L. 2005, ch. 2, § 10 (Special Session); L. 2006, ch. 197, § 9; L. 2007, ch. 185, § 1; May 24.
History: L. 1992, ch. 280, § 3; L. 1993, ch. 264, § 8; L. 1994, ch. 307, § 12; L. 1995, ch. 160, § 1; L. 1997, ch. 41, § 1; L. 1998, ch. 118, § 1; L. 1999, ch. 165, § 1; L. 2000, ch. 95, § 1; L. 2001, ch. 215, § 1; L. 2001, ch. 215, § 4; L. 2002, ch. 196, § 2; Repealed, L. 2003, ch. 104, § 9; July 1.
(b) "Current school year" means the school year during which general state aid is determined by the state board under K.S.A. 72-6416, and amendments thereto.
(c) "Preceding school year" means the school year immediately before the current school year.
(d) "September 20" has its usual meaning, except that in any year in which September 20 is not a day on which school is maintained, it shall mean the first day after September 20 on which school is maintained.
(e) "February 20" has its usual meaning, except that in any year in which February 20 is not a day on which school is maintained, it shall mean the first day after February 20 on which school is maintained.
(f) The provisions of this section shall take effect and be in force from and after July 1, 1992.
History: L. 1992, ch. 280, § 4; May 28.
(b) "Operating expenses" means the total expenditures and lawful transfers from the general fund of a district during a school year for all purposes, except expenditures for the purposes specified in K.S.A. 72-6430, and amendments thereto.
(c) "General fund budget" means the amount budgeted for operating expenses in the general fund of a district.
(d) "Budget per pupil" means the general fund budget of a district divided by the enrollment of the district.
(e) "Program weighted fund" means and includes the following funds of a district: Vocational education fund, preschool-aged at-risk education fund and bilingual education fund.
(f) "Categorical fund" means and includes the following funds of a district: Special education fund, food service fund, driver training fund, adult education fund, adult supplementary education fund, area vocational school fund, professional development fund, parent education program fund, summer program fund, extraordinary school program fund, and educational excellence grant program fund.
History: L. 1992, ch. 280, § 5; L. 1993, ch. 264, § 9; L. 1994, ch. 310, § 2; L. 2003, ch. 9, § 1; L. 2003, ch. 158, § 7; L. 2005, ch. 152, § 13; L. 2006, ch. 197, § 10; July 1.
(b) "Base state aid per pupil" means an amount of state financial aid per pupil. Subject to the other provisions of this subsection, the amount of base state aid per pupil is $4,316 in school year 2006-2007, $4,374 in school year 2007-2008 and $4,433 in school year 2008-2009 and each school year thereafter. The amount of base state aid per pupil is subject to reduction commensurate with any reduction under K.S.A. 75-6704, and amendments thereto, in the amount of the appropriation from the state general fund for general state aid. If the amount of appropriations for general state aid is insufficient to pay in full the amount each district is entitled to receive for any school year, the amount of base state aid per pupil for such school year is subject to reduction commensurate with the amount of the insufficiency.
(c) "Local effort" means the sum of an amount equal to the proceeds from the tax levied under authority of K.S.A. 72-6431, and amendments thereto, and an amount equal to any unexpended and unencumbered balance remaining in the general fund of the district, except amounts received by the district and authorized to be expended for the purposes specified in K.S.A. 72-6430, and amendments thereto, and an amount equal to any unexpended and unencumbered balances remaining in the program weighted funds of the district, except any amount in the vocational education fund of the district if the district is operating an area vocational school, and an amount equal to any remaining proceeds from taxes levied under authority of K.S.A. 72-7056 and 72-7072, and amendments thereto, prior to the repeal of such statutory sections, and an amount equal to the amount deposited in the general fund in the current school year from amounts received in such year by the district under the provisions of subsection (a) of K.S.A. 72-1046a, and amendments thereto, and an amount equal to the amount deposited in the general fund in the current school year from amounts received in such year by the district pursuant to contracts made and entered into under authority of K.S.A. 72-6757, and amendments thereto, and an amount equal to the amount credited to the general fund in the current school year from amounts distributed in such year to the district under the provisions of articles 17 and 34 of chapter 12 of Kansas Statutes Annotated and under the provisions of articles 42 and 51 of chapter 79 of Kansas Statutes Annotated, and an amount equal to the amount of payments received by the district under the provisions of K.S.A. 72-979, and amendments thereto, and an amount equal to the amount of a grant, if any, received by the district under the provisions of K.S.A. 72-983, and amendments thereto, and an amount equal to 70% of the federal impact aid of the district.
(d) "Federal impact aid" means an amount equal to the federally qualified percentage of the amount of moneys a district receives in the current school year under the provisions of title I of public law 874 and congressional appropriations therefor, excluding amounts received for assistance in cases of major disaster and amounts received under the low-rent housing program. The amount of federal impact aid defined herein as an amount equal to the federally qualified percentage of the amount of moneys provided for the district under title I of public law 874 shall be determined by the state board in accordance with terms and conditions imposed under the provisions of the public law and rules and regulations thereunder.
History: L. 1992, ch. 280, § 6; L. 1993, ch. 264, § 11; L. 1995, ch. 160, § 2; L. 1996, ch. 265, § 1; L. 1997, ch. 41, § 2; L. 1997, ch. 189, § 3; L. 1998, ch. 118, § 2; L. 1999, ch. 165, § 2; L. 2001, ch. 215, § 5; L. 2002, ch. 195, § 1; L. 2005, ch. 152, § 14; L. 2005, ch. 2, § 18 (Special Session); L. 2006, ch. 197, § 11; July 1.
(1) Determine the total expenditures of the district during the preceding school year from all funds for transporting pupils of public and nonpublic schools on regular school routes;
(2) divide the amount determined under (1) by the total number of pupils who were included in the enrollment of the district in the preceding school year and for whom transportation was made available by the district;
(3) multiply the quotient obtained under (2) by the total number of pupils who were included in the enrollment of the district in the preceding school year, were residing less than 2 1/2 miles by the usually traveled road from the school building they attended, and for whom transportation was made available by the district;
(4) multiply the product obtained under (3) by 50%;
(5) subtract the product obtained under (4) from the amount determined under (1);
(6) divide the remainder obtained under (5) by the total number of pupils who were included in the enrollment of the district in the preceding school year, were residing 2 1/2 miles or more by the usually traveled road from the school building they attended and for whom transportation was made available by the district. The quotient is the per-pupil cost of transportation;
(7) on a density-cost graph plot the per-pupil cost of transportation for each district;
(8) construct a curve of best fit for the points so plotted;
(9) locate the index of density for the district on the base line of the density-cost graph and from the point on the curve of best fit directly above this point of index of density follow a line parallel to the base line to the point of intersection with the vertical line, which point is the formula per-pupil cost of transportation of the district;
(10) divide the formula per-pupil cost of transportation of the district by base state aid per pupil;
(11) multiply the quotient obtained under (10) by the number of pupils who are included in the enrollment of the district, are residing 2 1/2 miles or more by the usually traveled road to the school building they attend, and for whom transportation is being made available by, and at the expense of, the district. The product is the transportation weighting of the district.
(b) For the purpose of providing accurate and reliable data on pupil transportation, the state board is authorized to adopt rules and regulations prescribing procedures which districts shall follow in reporting pertinent information relative thereto, including uniform reporting of expenditures for transportation.
(c) "Index of density" means the number of pupils who are included in the enrollment of a district in the current school year, are residing 2 1/2 miles or more by the usually traveled road from the school building they attend, and for whom transportation is being made available on regular school routes by the district, divided by the number of square miles of territory in the district.
(d) "Density-cost graph" means a drawing having: (1) A horizontal or base line divided into equal intervals of density, beginning with zero on the left; and (2) a scale for per-pupil cost of transportation to be shown on a line perpendicular to the base line at the left end thereof, such scale to begin with zero dollars at the base line ascending by equal per-pupil cost intervals.
(e) "Curve of best fit" means the curve on a density-cost graph drawn so the sum of the distances squared from such line to each of the points plotted on the graph is the least possible.
(f) The provisions of this section shall take effect and be in force from and after July 1, 1992.
History: L. 1992, ch. 280, § 7; May 28.
(b) For districts with enrollment of 1,637 or more in school year 2006-2007, and 1,622 or more in school year 2007-2008 and each school year thereafter, the low enrollment weighting shall be 0.
(c) For districts with enrollment of less than 100, the low enrollment weighting shall be equal to the low enrollment weighting of a district with enrollment of 100.
(d) For districts with enrollment of less than 1,637 in school year 2006-2007 and less than 1,622 in school year 2007-2008 and each school year thereafter and more than 99, the low enrollment weighting shall be determined by the state board as follows:
(1) Determine the low enrollment weighting for such districts for school year 2004-2005;
(2) multiply the low enrollment weighting of each district determined under paragraph (1) by 3,863;
(3) add 3,863 to the product obtained under paragraph (2);
(4) divide the product obtained under paragraph (3) by 4,107; and
(5) subtract 1 from the product obtained under paragraph (4). The difference shall be the low enrollment weighting of the district.
History: L. 1992, ch. 280, § 8; L. 1995, ch. 160, § 4; L. 1997, ch. 41, § 3; L. 1998, ch. 118, § 3; L. 1999, ch. 165, § 3; L. 2005, ch. 152, § 15; L. 2005, ch. 2, § 19 (Special Session); L. 2006, ch. 197, § 12; July 1.
History: L. 1995, ch. 160, § 3; Repealed, L. 1997, ch. 41, § 19; July 1.
(1) Compute full time equivalent enrollment in programs of bilingual education and multiply the computed enrollment by .395;
(2) compute full time equivalent enrollment in approved vocational education programs and multiply the computed enrollment by 0.5;
(3) add the products obtained under (1) and (2). The sum is the program weighting of the district.
(b) A school district may expend amounts received from the bilingual weighting to pay the cost of providing at-risk and preschool-aged at-risk education programs and services.
History: L. 1992, ch. 280, § 9; L. 2005, ch. 152, § 16; L. 2006, ch. 197, § 13; July 1.
(b) Except as provided in subsection (d), of the amount a district receives from the at-risk pupil weighting, an amount produced by a pupil weighting of .01 shall be used by the district for achieving mastery of basic reading skills by completion of the third grade in accordance with standards and outcomes of mastery identified by the state board under K.S.A. 72-7534, and amendments thereto.
(c) A district shall include such information in its at-risk pupil assistance plan as the state board may require regarding the district's remediation strategies and the results thereof in achieving the third grade reading standards and outcomes of mastery identified by the state board. The reporting requirements shall include information documenting remediation strategies and improvement made by pupils who performed below the expected standard on the second grade diagnostic reading test prescribed by the state board.
(d) A district whose pupils substantially achieve the state board standards and outcomes of mastery of reading skills upon completion of third grade may be released, upon request, by the state board from the requirements of subsection (b).
(e) (1) A district may expend amounts received from the at-risk pupil weighting to pay for the cost of providing full-day kindergarten to any pupil enrolled in the district and attending full-day kindergarten whether or not such pupil is an at-risk pupil.
(2) Nothing in this subsection shall be construed as requiring school districts to provide full-day kindergarten nor as requiring any pupil to attend full-day kindergarten.
(3) As used in this subsection (e):
(A) "District" means any school district which offers both full-day and half-day kindergarten.
(B) "Cost" means that portion of the cost of providing full-day kindergarten which is not paid by the state.
(f) A school district may expend amounts received from the at-risk weighting to pay the cost of providing preschool-aged at-risk, bilingual and vocational education programs and services.
History: L. 1992, ch. 280, § 10; L. 1997, ch. 41, § 4; L. 1998, ch. 118, § 4; L. 1999, ch. 165, § 4; L. 2001, ch. 215, § 6; L. 2005, ch. 152, § 17; L. 2005, ch. 2, § 20 (Special Session); L. 2006, ch. 197, § 14; July 1.
(b) Any balance remaining in the at-risk education fund at the end of the budget year shall be carried forward into the at-risk education fund for succeeding budget years. Such fund shall not be subject to the provisions of K.S.A. 79-2925 through 79-2937, and amendments thereto. In preparing the budget of such school district, the amounts credited to and the amount on hand in the at-risk education fund, and the amount expended therefrom shall be included in the annual budget for the information of the residents of the school district. Interest earned on the investment of moneys in any such fund shall be credited to that fund.
(c) Each year the board of education of each school district shall prepare and submit to the state board a report on the at-risk program or assistance provided by the district. Such report shall include information specifying the number of at-risk pupils and nonproficient pupils who were served or provided assistance, the type of service provided, the research upon which the district relied in determining that a need for service or assistance existed, the results of providing such service or assistance and any other information required by the state board.
(d) In order to achieve uniform reporting of the number of at-risk pupils and nonproficient pupils provided service or assistance by school districts in at-risk programs, districts shall report the number of at-risk pupils and nonproficient pupils served or assisted in the manner required by the state board.
History: L. 2005, ch. 152, § 18; L. 2006, ch. 197, § 15; July 1.
(b) A school district may expend amounts received from the preschool-aged at-risk weighting to pay the cost of providing at-risk, bilingual and vocational education programs and services.
(c) Any balance remaining in the preschool-aged at-risk education fund at the end of the budget year shall be carried forward into the preschool-aged at-risk education fund for succeeding budget years. Such fund shall not be subject to the provisions of K.S.A. 79-2925 through 79-2937, and amendments thereto. In preparing the budget of such school district, the amounts credited to and the amount on hand in the preschool-aged at-risk education fund, and the amount expended therefrom shall be included in the annual budget for the information of the residents of the school district. Interest earned on the investment of moneys in any such fund shall be credited to that fund.
(d) Each year the board of education of each school district shall prepare and submit to the state board a report on the preschool-aged at-risk program or assistance provided by the district. Such report shall include information specifying the number of pupils who were served or provided assistance, the type of service provided, the research upon which the district relied in determining that a need for service or assistance existed, the results of providing such service or assistance and any other information required by the state board.
History: L. 2005, ch. 194, § 10; L. 2006, ch. 197, § 16; July 1.
(1) Determine the number of pupils, included in enrollment of the district, who are attending a new school facility;
(2) multiply the number of pupils determined under (1) by .25. The product is the school facilities weighting of the district.
(b) The provisions of this section shall take effect and be in force from and after July 1, 1992.
History: L. 1992, ch. 280, § 11; May 28.
History: L. 1997, ch. 41, § 10; Expired, June 30, 1998.
History: L. 2005, ch. 194, § 11; L. 2006, ch. 197, § 17; July 1.
(b) The state board shall determine the amount of the district's local effort for the school year. If the amount of the district's local effort is greater than the amount of state financial aid determined for the district for the school year, the district shall not be entitled to general state aid. If the amount of the district's local effort is less than the amount of state financial aid determined for the district for the school year, the state board shall subtract the amount of the district's local effort from the amount of state financial aid. The remainder is the amount of general state aid the district is entitled to receive for the current school year.
(c) The provisions of this section shall take effect and be in force from and after July 1, 1992.
History: L. 1992, ch. 280, § 12; May 28.
(b) (1) In the months of July through May of each school year, the state board shall determine the amount of general state aid which will be required by each district to maintain operations in each such month. In making such determination, the state board shall take into consideration the district's access to local effort sources and the obligations of the general fund which must be satisfied during the month. The amount determined by the state board under this provision is the amount of general state aid which will be distributed to the district in the months of July through May;
(2) in the month of June of each school year, subject to the provisions of subsection (d), payment shall be made of the full amount of the general state aid entitlement determined for the school year, less the sum of the monthly payments made in the months of July through May.
(c) The state board of education shall prescribe the dates upon which the distribution of payments of general state aid to school districts shall be due. Payments of general state aid shall be distributed to districts once each month on the dates prescribed by the state board. The state board shall certify to the director of accounts and reports the amount due as general state aid to each district in each of the months of July through June. Such certification, and the amount of general state aid payable from the state general fund, shall be approved by the director of the budget. The director of accounts and reports shall draw warrants on the state treasurer payable to the district treasurer of each district entitled to payment of general state aid, pursuant to vouchers approved by the state board. Upon receipt of such warrant, each district treasurer shall deposit the amount of general state aid in the general fund, except that, an amount equal to the amount of federal impact aid not included in the local effort of a district may be disposed of as provided in subsection (a) of K.S.A. 72-6427, and amendments thereto.
(d) If any amount of general state aid that is due to be paid during the month of June of a school year pursuant to the other provisions of this section is not paid on or before June 30 of such school year, then such payment shall be paid on or after the ensuing July 1, as soon as moneys are available therefor. Any payment of general state aid that is due to be paid during the month of June of a school year and that is paid to school districts on or after the ensuing July 1 shall be recorded and accounted for by school districts as a receipt for the school year ending on the preceding June 30.
History: L. 1992, ch. 280, § 13; L. 1997, ch. 189, § 4; L. 2003, ch. 139, § 2; May 15.
(b) The provisions of this section shall take effect and be in force from and after July 1, 1992.
History: L. 1992, ch. 280, § 14; L. 2001, ch. 5, § 290; July 1.
(b) The provisions of this section shall take effect and be in force from and after July 1, 1992.
History: L. 1992, ch. 280, § 15; May 28.
(b) The expenses of a district directly attributable to special education shall be paid from the special education fund and from special funds established under K.S.A. 72-968, and amendments thereto.
(c) Obligations of a district pursuant to lawful agreements made under K.S.A. 72-968, and amendments thereto, shall be paid from the special education fund established by this section.
History: L. 1992, ch. 280, § 16; L. 2001, ch. 215, § 14; July 1.
(b) Obligations of a district pursuant to lawful agreements made under K.S.A. 72-4421, and amendments thereto, shall be paid from the vocational education fund established by this section. If any such agreement expresses an obligation of a district in terms of a mill levy, such obligation shall be construed to mean an amount equal to that which would be produced by the levy.
(c) Any balance remaining in the vocational education fund at the end of the budget year shall be carried forward into the vocational education fund for succeeding budget years. Such fund shall not be subject to the provisions of K.S.A. 79-2925 through 79-2937, and amendments thereto. In preparing the budget of such school district, the amounts credited to and the amount on hand in the vocational education fund, and the amount expended therefrom shall be included in the annual budget for the information of the residents of the school district. Interest earned on the investment of moneys in any such fund shall be credited to that fund.
History: L. 1992, ch. 280, § 17; L. 2005, ch. 152, § 21; July 1.
(b) The provisions of this section shall take effect and be in force from and after July 1, 1992.
History: L. 1992, ch. 280, § 18; May 28.
(b) The provisions of this section shall take effect and be in force from and after July 1, 1992.
History: L. 1992, ch. 280, § 19; May 28.
(b) The provisions of this section shall take effect and be in force from and after July 1, 1992.
History: L. 1992, ch. 280, § 20; May 28.
(b) The transportation fund of each district is hereby abolished. Any moneys in such fund shall be transferred and credited to the general fund of the school district.
History: L. 1992, ch. 280, § 21; L. 2003, ch. 116, § 9; July 1.
(b) In any school year, if the amount in the contingency reserve fund of a district is in excess of the amount authorized under subsection (a) to be maintained in the fund, and if such excess amount is the result of a reduction in the general fund budget of the district for the school year because of a decrease in enrollment, the district may maintain the excess amount in the fund until depletion of such excess amount by expenditure from the fund for the purposes thereof.
History: L. 1992, ch. 280, § 22; L. 1993, ch. 51, § 1; L. 1995, ch. 160, § 5; L. 2002, ch. 196, § 3; L. 2005, ch. 2, § 11 (Special Session); L. 2006, ch. 197, § 18; July 1.
(b) At the discretion of the board of any district, revenues earned from the investment of an activity fund of the district in accordance with the provisions of K.S.A. 12-1675, and amendments thereto, may be deposited in or credited to such activity fund.
(c) (1) At the discretion of the board of any district and subject to provision (2), any revenues specified in subsections (a) and (b) may be deposited in or credited to the general fund of the district in any school year for which the allotment system authorized under K.S.A. 75-3722, and amendments thereto, has been inaugurated and applied to appropriations made for general state aid or in any school year for which any portion of the appropriations made for general state aid are lapsed by act of the legislature.
(2) In no event may the amount of revenues deposited in or credited to the general fund of the district under authority of provision (1) exceed an amount equal to the amount of the reduction in general state aid entitlement of the district determined by the state board to be the result of application of the allotment system to the appropriations made for general state aid or of the lapse of any portion thereof by act of the legislature.
(d) At the discretion of the board of any district, revenues received by the district from the federal government as the district's share of the proceeds derived from sale by the federal government of its rights to oil, gas and other minerals located beneath the surface of lands within the district's boundaries may be deposited in the bond and interest fund of the district and used for the purposes of such fund. If at any time all indebtedness and obligations of such fund have been fully paid and canceled, the revenues authorized by this subsection to be deposited in such fund shall be disposed of as provided in subsection (a).
(e) To the extent that K.S.A. 72-1623, 72-8804 and 79-2958, and amendments to such sections, conflict with this section, this section shall control.
(f) The provisions of this section shall take effect and be in force from and after July 1, 1992.
History: L. 1992, ch. 280, § 23; May 28.
(1) No board shall transfer moneys in any amount from the general fund to a program weighted fund prior to maturation of the obligation of the fund necessitating the transfer.
(2) The board may transfer moneys in an amount not to exceed the amount of the obligation of the program weighted fund necessitating the transfer.
(b) The board of any district may transfer moneys from the general fund to the contingency reserve fund of the district, subject to the limitations imposed upon the amount authorized to be maintained in the contingency reserve fund under K.S.A. 72-6426, and amendments thereto.
(c) The board of any district may transfer moneys from the general fund to the capital outlay fund of the district.
(d) The board of any district may transfer moneys from the general fund to the special reserve fund.
(e) The board of any district may transfer moneys from the general fund to the special liability expense fund.
(f) The board of any district may transfer moneys from the general fund to the textbook and student materials revolving fund.
History: L. 1992, ch. 280, § 24; L. 2003, ch. 116, § 10; July 1.
(b) The provisions of this section shall take effect and be in force from and after July 1, 1992.
History: L. 1992, ch. 280, § 25; May 28.
(a) Payments to another district in an adjustment of rights as provided in K.S.A. 72-6776, and amendments thereto, or upon transfer of territory as provided in K.S.A. 72-7105, 72-7106 or 72-7107, and amendments to such sections, if paid from any fund other than the general fund.
(b) Payments to another district under K.S.A. 72-7105a, and amendments thereto.
(c) The maintenance of student activities which are reimbursed.
(d) Expenditures from any lawfully authorized fund of a district other than its general fund.
(e) The provision of educational services for pupils residing at the Flint Hills job corps center, for pupils housed at a psychiatric residential treatment facility or for pupils confined in a juvenile detention facility for which the district is reimbursed by a grant of state moneys as provided in K.S.A. 72-8187, and amendments thereto. As used in this subsection, juvenile detention facility and psychiatric residential treatment facility have the meanings ascribed thereto by K.S.A. 72-8187, and amendments thereto.
(f) Programs financed in part or in whole by federal funds which may be expended although not included in the budget of the district, excepting funds received under the provisions of title I of public law 874 (but not including in such exception amounts received for assistance in cases of major disaster and amounts received under the low-rent housing program), to the extent of the federal funds to be provided.
History: L. 1992, ch. 280, § 26; L. 1993, ch. 264, § 10; L. 1994, ch. 307, § 13; L. 1999, ch. 165, § 5; L. 2000, ch. 95, § 2; L. 2001, ch. 215, § 2; L. 2002, ch. 196, § 4; L. 2007, ch. 76, § 3; July 1.
(1) Financing that portion of the district's general fund budget which is not financed from any other source provided by law;
(2) paying a portion of the costs of operating and maintaining public schools in partial fulfillment of the constitutional obligation of the legislature to finance the educational interests of the state; and
(3) with respect to any redevelopment district established prior to July 1, 1997, pursuant to K.S.A. 12-1771, and amendments thereto, paying a portion of the principal and interest on bonds issued by cities under authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located within the district.
(b) The tax required under subsection (a) shall be levied at a rate of 20 mills in the school year 2007-2008 and school year 2008-2009.
(c) The proceeds from the tax levied by a district under authority of this section, except the proceeds of such tax levied for the purpose of paying a portion of the principal and interest on bonds issued by cities under authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located within the district, shall be deposited in the general fund of the district.
(d) On June 6 of each year, the amount, if any, by which a district's local effort exceeds the amount of the district's state financial aid, as determined by the state board, shall be remitted to the state treasurer. Upon receipt of any such remittance, the state treasurer shall deposit the same in the state treasury to the credit of the state school district finance fund.
(e) No district shall proceed under K.S.A. 79-1964, 79-1964a or 79-1964b, and amendments thereto.
History: L. 1992, ch. 280, § 27; L. 1994, ch. 7, § 1; L. 1996, ch. 265, § 2; L. 1997, ch. 41, § 6; L. 1997, ch. 187, § 6; L. 1998, ch. 130, § 25; L. 1999, ch. 165, § 6; L. 2001, ch. 215, § 7; L. 2003, ch. 139, § 6; L. 2004, ch. 180, § 10; L. 2005, ch. 152, § 22; L. 2007, ch. 152, § 5; April 26.
History: L. 1992, ch. 280, § 27; L. 1994, ch. 7, § 1; L. 1996, ch. 228, § 7; Repealed, L. 1997, ch. 41, § 19; July 1.
History: L. 1992, ch. 280, § 27; L. 1994, ch. 7, § 1; L. 1996, ch. 265, § 2; L. 1997, ch. 41, § 6; L. 1997, ch. 187, § 6; L. 1998, ch. 130, § 25; L. 1999, ch. 165, § 6; L. 2001, ch. 215, § 7; L. 2003, ch. 147, § 34; Repealed, L. 2004, ch. 180, § 18; July 1.
History: L. 1992, ch. 280, § 27; L. 1994, ch. 7, § 1; L. 1996, ch. 265, § 2; L. 1997, ch. 41, § 6; L. 1997, ch. 187, § 6; L. 1998, ch. 130, § 25; L. 1999, ch. 165, § 6; L. 2001, ch. 215, § 7; L. 2003, ch. 146, § 2; Repealed, L. 2004, ch. 180, § 18; July 1.
(b) The provisions of this section shall take effect and be in force from and after July 1, 1992.
History: L. 1992, ch. 280, § 28; May 28.
(1) "State prescribed percentage" means 31% of state financial aid of the district in the current school year.
(2) "Authorized to adopt a local option budget" means that a district has adopted a resolution under this section, has published the same, and either that the resolution was not protested or that it was protested and an election was held by which the adoption of a local option budget was approved.
(b) In each school year, the board of any district may adopt a local option budget which does not exceed the state prescribed percentage.
(c) Subject to the limitation of subsection (b), in each school year, the board of any district may adopt, by resolution, a local option budget in an amount not to exceed:
(1) (A) The amount which the board was authorized to adopt in accordance with the provisions of this section in effect prior to its amendment by this act; plus
(B) the amount which the board was authorized to adopt pursuant to any resolution currently in effect; plus
(C) the amount which the board was authorized to adopt pursuant to K.S.A. 72-6444, and amendments thereto, if applicable to the district; or
(2) the state-wide average for the preceding school year as determined by the state board pursuant to subsection (j).
Except as provided by subsection (e), the adoption of a resolution pursuant to this subsection shall require a majority vote of the members of the board. Such resolution shall be effective upon adoption and shall require no other procedure, authorization or approval.
(d) If the board of a district desires to increase its local option budget
authority above the amount authorized under subsection (c) or if the board was
not authorized to adopt a local option budget in 2006-2007, the board may
adopt, by resolution, such budget in an amount not to exceed the state
prescribed percentage. The adoption of a resolution pursuant to this subsection
shall require a majority vote of the members of the board. The resolution shall
be published at least once in a newspaper having general circulation in the
district. The resolution shall be published in substantial compliance with the
following form:
Unified School District No.____,
Be It Resolved that:
The board of education of the above-named school district shall be authorized
to adopt a local option budget in each school year in an amount not to exceed
____% of the amount of state financial aid. The local option budget authorized
by this resolution may be adopted, unless a petition in opposition to the same,
signed by not less than 5% of the qualified electors of the school district, is
filed with the county election officer of the home county of the school
district within 30 days after publication of this resolution. If a petition is
filed, the county election officer shall submit the question of whether
adoption of the local option budget shall be authorized to the electors of the
school district at an election called for the purpose or at the next general
election, as is specified by the board of education of the school district.
This is to certify that the above resolution was duly adopted by the board of
education of Unified School District No._____, County, Kansas, on the day of
__________, ____.
All of the blanks in the resolution shall be filled as is appropriate. If a
sufficient petition is not filed, the board may adopt a local option budget. If
a sufficient petition is filed, the board may notify the county election
officer of the date of an election to be held to submit the question of whether
adoption of a local option budget shall be authorized. Any such election shall
be noticed, called and held in the manner provided by K.S.A. 10-120, and
amendments thereto. If the board fails to notify the county election officer
within 30 days after a sufficient petition is filed, the resolution shall be
deemed abandoned and no like resolution shall be adopted by the board within
the nine months following publication of the resolution.
(e) Any resolution authorizing the adoption of a local option budget in
excess of 30% of the state financial aid of the district in the current school
year shall not become effective unless such resolution has been submitted to
and approved by a majority of the qualified electors of the school district
voting at an election called and held thereon. The election shall be called and
held in the manner provided by K.S.A. 10-120, and amendments thereto.
(f) Unless specifically stated otherwise in the resolution, the authority to
adopt a local option budget shall be continuous and permanent. The board of any
district which is authorized to adopt a local option budget may choose not to
adopt such a budget or may adopt a budget in an amount less than the amount
authorized. If the board of any district whose authority to adopt a local
option budget is not continuous and permanent refrains from adopting a local
option budget, the authority of such district to adopt a local option budget
shall not be extended by such refrainment beyond the
period specified in the resolution authorizing adoption of such budget.
(g) The board of any district may initiate procedures to renew or increase
the authority to adopt a local option budget at any time during a school year
after the tax levied pursuant to K.S.A. 72-6435, and amendments thereto, is
certified to the county clerk under any existing authorization.
(h) The board of any district that is authorized to adopt a local option
budget prior to the effective date of this act under a resolution which
authorized the adoption of such budget in accordance with the provisions of
this section in effect prior to its amendment by this act may continue to
operate under
such resolution for the period of time specified in the resolution or may
abandon the resolution and operate under the provisions of this section as
amended by this act. Any such district shall operate under the provisions of
this section as amended by this act after the period of time specified in the
resolution has expired.
(i) Any resolution adopted pursuant to this section may revoke or repeal any
resolution
previously adopted by the board. If the resolution does not revoke or repeal
previously adopted resolutions, all
resolutions which are in effect shall expire on the same date. The maximum
amount of the local
option budget of a
school district under all resolutions in effect shall not exceed the state
prescribed percentage in
any school year.
(j) (1) There is hereby established in every district that adopts a local
option budget a fund
which shall be called the supplemental general fund. The fund shall consist of
all amounts deposited therein or credited thereto according to law.
(2) Subject to the limitation imposed under paragraph (3) and subsection (e)
of K.S.A. 72-6434, and amendments thereto, amounts in the supplemental general
fund may be expended for any purpose for which expenditures from the general
fund are authorized or may be transferred to any program weighted fund or
categorical fund of the district. Amounts in the supplemental general fund
attributable to any percentage over 25% of state financial aid determined for
the current school year may be transferred to the capital improvements fund of
the district and the capital outlay fund of the district if such transfers are
specified in the resolution authorizing the adoption of a local option budget
in excess of 25%.
(3) Amounts in the supplemental general fund may not be expended for the
purpose of making payments under any lease-purchase agreement involving the
acquisition of land or buildings which is entered into pursuant to the
provisions of K.S.A. 72-8225, and amendments thereto.
(4) (A) Except as provided in paragraph (B), any unexpended budget
remaining in the supplemental general fund of a district at the conclusion of
any school year in which a local option budget is adopted shall be maintained
in such fund.
(B) If the district received supplemental general state aid in the school
year, the state board shall determine the ratio of the amount of supplemental
general state aid received to the amount of the local option budget of the
district for the school year and multiply the total amount of the unexpended
budget remaining by such ratio. An amount equal to the amount of the product
shall be transferred to the general fund of the district or remitted to the
state treasurer. Upon receipt of any such remittance, the state treasurer shall
deposit the same in the state treasury to the credit of the state school
district finance fund.
(k) Each year the state board of education shall determine the statewide
average percentage of local option budgets legally adopted by school districts
for the preceding school year.
History: L. 1992, ch. 280, § 29;
L. 1993, ch. 264, § 12;
L. 1995, ch. 160, § 6;
L. 1996, ch. 265, § 4;
L. 1997, ch. 189, § 1;
L. 2002, ch. 196, § 5;
L. 2005, ch. 194, § 17;
L. 2006, ch. 197, § 19;
L. 2007, ch. 185, § 3; May 24.
History: L. 1992, ch. 280, § 29;
L. 1993, ch. 264, § 12;
L. 1995, ch. 160, § 6;
L. 1996, ch. 265, § 3;
Repealed, L. 1997, ch. 189, § 5; July 1.
History: L. 2002, ch. 196, § 7;
Repealed, L. 2005, ch. 152, § 45; July 1.
(A) For any district that was authorized to adopt and that adopted a local
option budget in
the 1996-97 school year and to which the provisions of K.S.A. 72-6444, and
amendments thereto,
do not apply in the current school year, in the 2001-02 school year and in each
school year thereafter,
a percentage that is equal to 80% of the percentage specified in the resolution
under which the district was authorized to adopt a local option budget in the
1996-97 school year;
(B) for any district that was authorized to adopt and that adopted a local
option budget in the 1996-97 school year and to which the provisions of K.S.A.
72-6444, and amendments thereto, apply in the current school year, a percentage
in the 2001-02 school year and each school year thereafter that is equal to the
sum of the percentage of the amount of state financial aid the district was
authorized to budget in the preceding school year and the percentage computed
for the district by the
state board under the provisions of K.S.A. 72-6444, and amendments thereto;
(C) for any district that was not authorized to adopt a local option budget
in the 1996-97
school year and to which the provisions of K.S.A. 72-6444, and amendments
thereto, apply in the current school year, a percentage in the 2001-02 school
year and each school year thereafter that is
equal to the sum of the percentage of the amount of state financial aid the
district was authorized to
budget in the preceding school year and the percentage computed for the
district by the state board
under the provisions of K.S.A. 72-6444, and amendments thereto;
(D) for any district to which the provisions of K.S.A. 72-6444, and
amendments thereto,
applied in the 1997-98 school year and to which the provisions of K.S.A.
72-6444, and amendments
thereto, do not apply in the current school year because an increase in the
amount budgeted by the
district in its local option budget as authorized by a resolution
adopted under
the provisions of
subsection (b) causes the actual amount per pupil budgeted by the
district in
the preceding school
year as determined for the district under
provision (1) of subsection (a) of K.S.A. 72-6444, and
amendments thereto, to equal or exceed the average amount per pupil of
general fund budgets and
local option budgets computed by the state board under whichever of
the provisions (7) through (10)
of subsection (a) of K.S.A. 72-6444, and amendments thereto, is
applicable to the district's
enrollment group, a percentage that is equal to the percentage of the
amount of state financial aid the
district was authorized to budget in the preceding school year if the
resolution authorized the district
to increase its local option budget on a continuous and permanent
basis. If the resolution that
authorized the district to increase its local option budget
specified a definite period of time for which
the district would retain its authority to increase the local option
budget and such authority lapses
at the conclusion of such period and is not renewed, the term district
prescribed percentage means
a percentage that is equal to the percentage of the amount of state
financial aid the district was
authorized to budget in the preceding school year less the percentage
of increase that was authorized
by the resolution unless the loss of the percentage of increase that
was authorized by the resolution
would cause the actual amount per pupil budgeted by the district to be
less than the average amount
per pupil of general fund budgets and local option budgets computed by
the state board under
whichever of the provisions (7) through (10) of subsection (a) of
K.S.A. 72-6444, and amendments
thereto, is applicable to the district's enrollment group, in which
case,
the term district prescribed
percentage means a percentage that is equal to the percentage of the
amount of state financial aid the
district was authorized to budget in the preceding school year less
the percentage of increase that was
authorized by the resolution plus a percentage which shall be computed
for the district by the state
board in accordance with the provisions of K.S.A. 72-6444, and
amendments thereto, except that,
in making the determination of the actual amount per pupil budgeted by
the district in the preceding school year, the state board shall
exclude the percentage of increase that was authorized by the
resolution.
(2) (A) Subject to the provisions of subpart (B), the adoption of
a local option budget under
authority of this subsection shall require a majority vote of the
members of the board and shall
require no other procedure, authorization or approval.
(B) In lieu of utilizing the authority granted by subpart (A) for
adoption of a local option
budget, the board of a district may pass a resolution authorizing
adoption of such a budget and
publish such resolution once in a newspaper having general circulation
in the district. The resolution
shall be published in substantial compliance with the following form:
Be It Resolved that:
The board of education of the above-named school district shall be
authorized to adopt a local option budget in each school year for a
period of time not to exceed ______ years in an amount not to exceed
______% of the amount of state financial aid determined for the
current
school year. The local option budget authorized by this resolution may
be
adopted, unless a petition in opposition to the same, signed by not
less
than 5% of the qualified electors of the school district, is filed
with the
county election officer of the home county of the school district
within 30
days after publication of this resolution. In the event a petition is
filed,
the county election officer shall submit the question of whether
adoption
of the local option budget shall be authorized to the electors of the
school
district at an election called for the purpose or at the next general
election, as is specified by the board of education of the school
district.
This is to certify that the above resolution was duly adopted by the
board of
education of Unified School District No. ______, ____________
County, Kansas, on the ____ day of _________, __.
All of the blanks in the resolution shall be appropriately filled. The
blank preceding the word
"years" shall be filled with a specific number, and the blank
preceding the percentage symbol shall
be filled with a specific number. No word shall be inserted in either
of the blanks. The percentage
specified in the resolution shall not exceed the district prescribed
percentage. The resolution shall
be published once in a newspaper having general circulation in the
school district. If no petition as
specified above is filed in accordance with the provisions of the
resolution, the board may adopt a
local option budget. If a petition is filed as provided in the
resolution, the board may notify the
county election officer of the date of an election to be held to
submit the question of whether
adoption of a local option budget shall be authorized. If the board
fails to notify the county election
officer within 30 days after a petition is filed, the resolution shall
be deemed abandoned and no like
resolution shall be adopted by the board within the nine months
following publication of the resolution. If any district is authorized
to adopt a local option budget under this subpart, but the
board of such district chooses, in any school year, not to adopt such
a budget or chooses, in any
school year, to adopt such budget in an amount less than the amount of
the district prescribed
percentage of the amount of state financial aid in any school year,
such board of education may so
choose. If the board of any district refrains from adopting a local
option budget in any one or more
school years or refrains from budgeting the total amount authorized
for any one or more school years,
the authority of such district to adopt a local option budget shall
not be extended by such refrainment
beyond the period specified in the resolution authorizing adoption of
such budget, nor shall the
amount authorized to be budgeted in any succeeding school year be
increased by such refrainment.
Whenever an initial resolution has been adopted under this subpart,
and such resolution specified
a lesser percentage than the district prescribed percentage, the board
of the district may adopt one
or more subsequent resolutions under the same procedure as provided
for the initial resolution and
subject to the same conditions, and shall be authorized to increase
the percentage as specified in any
such subsequent resolution for the remainder of the period of time
specified in the initial resolution.
Any percentage specified in a subsequent resolution or in subsequent
resolutions shall be limited so
that the sum of the percentage authorized in the initial resolution
and the percentage authorized in
the subsequent resolution or in subsequent resolutions is not in
excess of the district prescribed
percentage in any school year. The board of any district that has been
authorized to adopt a local
option budget under this subpart and levied a tax under authority of
K.S.A. 72-6435, and
amendments thereto, may initiate, at any time after the final levy is
certified to the county clerk under
any current authorization, procedures to renew its authority to adopt
a local option budget in the
manner specified in this subpart or may utilize the authority granted
by subpart (A). As used in this
subpart, the term "authorized to adopt a local option budget" means
that a district has adopted a
resolution under this subpart, has published the same, and either that
the resolution was not protested
or that it was protested and an election was held by which the
adoption of a local option budget was
approved.
(3) The provisions of this subsection are subject to the provisions
of subsections (b) and (c).
(b) (1) The board of any district that adopts a local option
budget under subsection (a) may
increase the amount of such budget in each school year in an amount
which together with the
percentage of the amount of state financial aid budgeted under
subsection (a) does not exceed the
state prescribed percentage of the amount of state financial aid
determined for the district in the school year if the board of the
district determines that an increase in such budget would be in the
best
interests of the district.
(2) No district may increase a local option budget under authority
of this subsection until: (A)
A resolution authorizing such an increase is passed by the board and
published once in a newspaper
having general circulation in the district; or (B) the question of
whether the board shall be authorized
to increase the local option budget has been submitted to and approved
by the qualified electors of
the district at a special election called for the purpose. Any such
election shall be noticed, called and
held in the manner provided by K.S.A. 10-120, and amendments thereto,
for the noticing, calling and
holding of elections upon the question of issuing bonds under the
general bond law. The notice of
such election shall state the purpose for and time of the election,
and the ballot shall be designed with
the question of whether the board of education of the district shall
be continuously and permanently
authorized to increase the local option budget of the district in each
school year by a percentage
which together with the percentage of the amount of state financial
aid budgeted under subsection
(a) does not exceed the state prescribed percentage in any school
year. If a majority of the qualified
electors voting at the election approve authorization of the board to
increase the local option budget,
the board shall have such authority. If a majority of the qualified
electors voting at the election are
opposed to authorization of the board to increase the local option
budget, the board shall not have
such authority and no like question shall be submitted to the
qualified electors of the district within
the nine months following the election.
(3) (A) Subject to the provisions of subpart (B), a resolution
authorizing an increase in the
local option budget of a district shall state that the board of
education of the district shall be
authorized to increase the local option budget of the district in each
school year in an amount not to
exceed ________% of the amount of state financial aid determined for
the current school year and
that the percentage of increase may be reduced so that the sum of the
percentage of the amount of
state financial aid budgeted under subsection (a) and the percentage
of increase specified in the
resolution does not exceed the state prescribed percentage in any
school year. The blank preceding
the percentage symbol shall be filled with a specific number. No word
shall be inserted in the blank.
The resolution shall specify a definite period of time for which the
board shall be authorized to
increase the local option budget and such period of time shall be
expressed by the specific number
of school years for which the board shall retain its authority to
increase the local option budget. No
word shall be used to express the number of years for which the board
shall be authorized to increase the local option budget.
(B) In lieu of the requirements of subpart (A) and at the discretion
of the board, a resolution
authorizing an increase in the local option budget of a district may
state that the board of education
of the district shall be continuously and permanently authorized to
increase the local option budget
of the district in each school year by a percentage which
together with the percentage of the amount
of state financial aid budgeted under subsection (a) does not
exceed the state
prescribed percentage
in any school year.
(4) A resolution authorizing an increase in the local option budget
of a
district shall state that
the amount of the local option budget may be increased as authorized
by the
resolution unless a
petition in opposition to such increase, signed by not less than 5% of
the
qualified electors of the
school district, is filed with the county election officer of the home
county
of the school district
within 30 days after publication. If no petition is filed in accordance with
the provisions of the
resolution, the board is authorized to increase the local option budget of the
district. If a petition is
filed as provided in the resolution, the board may notify the county
election officer of the date of an
election to be held to submit the question of whether the board shall
be authorized to increase the
local option budget of the district. If the board fails to notify the
county election officer within 30
days after a petition is filed, the resolution shall be deemed
abandoned and no like resolution shall
be adopted by the board within the nine months following publication
of the resolution.
(5) The requirements of provision (2) do not apply to any district
that is continuously and
permanently authorized to increase the local option budget of the
district. An increase in the amount
of a local option budget by such a district shall require a majority
vote of the members of the board
and shall require no other procedure, authorization or approval.
(6) If any district is authorized to increase a local option budget,
but the board of such district
chooses, in any school year, not to adopt or increase such budget or
chooses, in any school year, to
adopt or increase such budget in an amount less than the amount
authorized, such board of education
may so choose. If the board of any district refrains from adopting or
increasing a local option budget
in any one or more school years or refrains from budgeting the total
amount authorized for any one
or more school years, the amount authorized to be budgeted in any
succeeding school year shall not
be increased by such refrainment, nor shall the authority of the
district to increase its local option
budget be extended by such refrainment beyond the period of time
specified in the resolution
authorizing an increase in the local option budget if the resolution
specified such a period of time.
(7) Whenever an initial resolution has been adopted under this
subsection, and such resolution
specified a percentage which together with the percentage of the
amount of state financial aid
budgeted under subsection (a) is less than the state prescribed
percentage, the board of the district
may adopt one or more subsequent resolutions under the same procedure
as provided for the initial
resolution and shall be authorized to increase the percentage as
specified in any such subsequent
resolution. If the initial resolution specified a definite period of
time for which the district is
authorized to increase its local option budget, the authority to
increase such budget by the percentage
specified in any subsequent resolution shall be limited to the
remainder of the period of time
specified in the initial resolution. Any percentage specified in a
subsequent resolution or in
subsequent resolutions shall be limited so that the sum of the
percentage authorized in the initial
resolution and the percentage authorized in the subsequent resolution
or in subsequent resolutions
together with the percentage of the amount of state financial aid
budgeted under subsection (a) is not
in excess of the state prescribed percentage in any school year.
(8) (A) Subject to the provisions of subpart (B), the board of any
district that has adopted a
local option budget under subsection (a), has been authorized to
increase such budget under a
resolution which specified a definite period of time for retention of
such authorization, and has
levied a tax under authority of K.S.A. 72-6435, and amendments
thereto, may initiate, at any time
after the final levy is certified to the county clerk under any
current authorization, procedures to
renew the authority to increase the local option budget subject to the
conditions and in the manner
specified in provisions (2) and (3) of this subsection.
(B) The provisions of subpart (A) do not apply to the board of any
district that is continuously
and permanently authorized to increase the local option budget of the
district.
(9) As used in this subsection:
(A) "Authorized to increase a local option budget" means either that
a district has held a
special election under provision (2)(B) by which authority of the
board to increase a local option
budget was approved, or that a district has adopted a resolution under
provision (2) (A), has
published the same, and either that the resolution was not protested
or that it was protested and an
election was held by which the authority of the board to increase a
local option budget was approved.
(B) "State prescribed percentage" means 30% for school year
2006-2007 and
32% for
school year 2007-2008 and each school year thereafter.
(c) To the extent the provisions of the foregoing subsections
conflict with
this subsection, this subsection shall control. Any district that is
authorized
to adopt a local option budget
in the 1997-98
school year under a resolution which authorized the adoption of such
budget in
accordance with the
provisions of this section prior to its amendment by this act may
continue to
operate under such
resolution for the period of time specified in the resolution or may
abandon
the resolution and
operate under the provisions of this section as amended by this act.
Any such
district shall operate
under the provisions of this section as amended by this act after the
period of
time specified in the
resolution has expired.
(d) (1) There is hereby established in every district that adopts
a local option budget a fund
which shall be called the supplemental general fund. The fund shall
consist of all amounts deposited
therein or credited thereto according to law.
(2) Subject to the limitation imposed under provision (3), and
subsection (e) of K.S.A.
72-6434, and amendments thereto, amounts in the supplemental general
fund may be expended for
any purpose for which expenditures from the general fund are
authorized or may be transferred to
the general fund of the district or to any program weighted fund or
categorical fund of the district.
Amounts in the supplemental general fund attributable to any
percentage over 25% of state financial
aid determined for the current school year may be transferred to the
capital improvements fund of
the district and the capital outlay fund of the district if such
transfers are specified in the resolution
authorizing the adoption of a local option budget in excess of 25%.
(3) Amounts in the supplemental general fund may not be expended nor
transferred to the
general fund of the district for the purpose of making payments under
any lease-purchase agreement
involving the acquisition of land or buildings which is entered into
pursuant to the provisions of
K.S.A. 72-8225, and amendments thereto.
(4) Any unexpended and unencumbered cash balance remaining in the
supplemental general
fund of a district at the conclusion of any school year in which a
local option budget is adopted shall
be disposed of as provided in this subsection. If the district did not
receive supplemental general state
aid in the school year and the board of the district determines that
it will be necessary to adopt a local
option budget in the ensuing school year, the total amount of the cash
balance remaining in the
supplemental general fund shall be maintained in such fund or
transferred to the general fund of the
district. If the board of such a district determines that it will not
be necessary to adopt a local option
budget in the ensuing school year, the total amount of the cash
balance remaining in the
supplemental general fund shall be transferred to the general fund of
the district. If the district received supplemental general state aid
in the school year, transferred or expended the entire
amount
budgeted in the local option budget for the school year, and
determines that it will be necessary to
adopt a local option budget in the ensuing school year, the total
amount of the cash balance
remaining in the supplemental general fund shall be maintained in such
fund or transferred to the
general fund of the district. If such a district determines that it
will not be necessary to adopt a local
option budget in the ensuing school year, the total amount of the cash
balance remaining in the
supplemental general fund shall be transferred to the general fund of
the district. If the district
received supplemental general state aid in the school year, did not
transfer or expend the entire
amount budgeted in the local option budget for the school year, and
determines that it will not be
necessary to adopt a local option budget in the ensuing school year,
the total amount of the cash
balance remaining in the supplemental general fund shall be
transferred to the general fund of the
district. If the district received supplemental general state aid in
the school year, did not transfer or
expend the entire amount budgeted in the local option budget for the
school year, and determines that
it will be necessary to adopt a local option budget in the ensuing
school year, the state board shall
determine the ratio of the amount of supplemental general state aid
received to the amount of the
local option budget of the district for the school year and multiply
the total amount of the cash
balance remaining in the supplemental general fund by such ratio. An
amount equal to the amount
of the product shall be transferred to the general fund of the
district. The amount remaining in the
supplemental general fund may be maintained in such fund or
transferred to the general fund of the
district.
(e) To the extent the provisions of the foregoing section conflict
with this subsection, this
subsection shall control. Any resolution authorizing the adoption of a
local option budget in excess
of 30% of the state financial aid of the district in the current
school year shall not become effective
unless such resolution has been submitted to and approved by a
majority of the qualified electors of
the school district voting at an election called and held thereon.
Such resolution shall specify how
the moneys will be expended and shall be published in the manner
provided by this section. The
election shall be called and held in the manner provided by this
section.
History: L. 1992, ch. 280, § 29;
L. 1993, ch. 264, § 12;
l. 1995, ch. 160, § 6;
L. 1996, ch. 265, § 4;
L. 1997, ch. 189, § 1;
L. 2002, ch. 196, § 5;
L. 2005, ch. 194, § 17;
L. 2006, ch. 197, § 19;
L. 2007, ch. 167, § 206; July 1.
(1) Determine the amount of the assessed valuation per pupil in the preceding
school year of each district in the state;
(2) rank the districts from low to high on the basis of the amounts of
assessed valuation per pupil determined under (1);
(3) identify the amount of the assessed valuation per pupil located at the
81.2 percentile of the amounts ranked under (2);
(4) divide the assessed valuation per pupil of the district in the preceding
school year by the amount identified under (3);
(5) subtract the ratio obtained under (4) from 1.0. If the resulting ratio
equals or exceeds 1.0, the eligibility of the district for entitlement to
supplemental general state aid shall lapse. If the resulting ratio is less than
1.0, the district is entitled to receive supplemental general state aid in an
amount which shall be determined by the state board by multiplying the amount
of the local option budget of the district by such ratio. The product is the
amount of supplemental general state aid the district is entitled to receive
for the school year.
(b) If the amount of appropriations for supplemental general state aid is
less than the amount each district is entitled to receive for the school year,
the state board shall prorate the amount appropriated among the districts in
proportion to the amount each district is entitled to receive.
(c) The state board shall prescribe the dates upon which the distribution of
payments of supplemental general state aid to school districts shall be due.
Payments of supplemental general state aid shall be distributed to districts on
the dates prescribed by the state board. The state board shall certify to the
director of accounts and reports the amount due each district, and the director
of accounts and reports shall draw a warrant on the state treasurer payable to
the treasurer of the district. Upon receipt of the warrant, the treasurer of
the district shall credit the amount thereof to the supplemental general fund
of the district to be used for the purposes of such fund.
(d) If any amount of supplemental general state aid that is due to be paid
during the month of June of a school year pursuant to the other provisions of
this section is not paid on or before June 30 of such school year, then such
payment shall be paid on or after the ensuing July 1, as soon as moneys are
available therefor. Any payment of supplemental general state aid that is due
to be paid during the month of June of a school year and that is paid to school
districts on or after the ensuing July 1 shall be recorded and accounted for by
school districts as a receipt for the school year ending on the preceding June
30.
(e) (1) Except as provided by paragraph (2), moneys received as
supplemental general state aid shall be used to meet the requirements under the
school performance accreditation system adopted by the state board, to provide
programs and services required by law and to improve student performance.
(2) Amounts of supplemental general state aid attributable to any percentage
over 25% of state financial aid determined for the current school year may be
transferred to the capital improvements fund of the district and the capital
outlay fund of the district if such transfers are specified in the resolution
authorizing the adoption of a local option budget in excess of 25%.
(f) For the purposes of determining the total amount of state moneys paid to
school districts, all moneys appropriated as supplemental general state aid
shall be deemed to be state moneys for educational and support services for
school districts.
History: L. 1992, ch. 280, § 30;
L. 2003, ch. 139, § 3;
L. 2005, ch. 152, § 24;
L. 2005, ch. 2, § 12 (Special Session);
L. 2006, ch. 197, § 20;
L. 2007, ch. 195, § 35; July 1.
History: L. 1992, ch. 280, § 30;
L. 2003, ch. 139, § 3;
L. 2005, ch. 152, § 24;
L. 2005, ch. 2, § 12 (Special Session);
L. 2006, ch. 165, § 1;
Repealed, L. 2007, ch. 195, § 59; July 1.
(b) (1) For the purposes of determining the amount of supplemental general
state aid, the state board shall determine the ranking of each of the former
school districts of which the district is composed as required by subsection
(a)(2) of K.S.A. 72-6434, and amendments thereto, for the school year prior to
the effectuation of the consolidation or attachment.
(2) For the school year in which the consolidation or attachment is
effectuated and the next succeeding two school years, the ranking of the
district for the purposes of subsection (a)(2) of K.S.A. 72-6434, and
amendments thereto, shall be the ranking of the district receiving the highest
amount of supplemental general state aid determined under paragraph (1).
(c) The provisions of this section shall apply to districts which have
consolidated or disorganized on and after July 1, 2004.
History: L. 2006, ch. 165, § 7; July 1.
(b) The proceeds from the tax levied by a district under authority of this
section, except the proceeds of such tax levied for the purpose of paying a
portion of the principal and interest on bonds issued by cities under authority
of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment
projects upon property located within the district, shall be deposited in the
supplemental general fund of the district.
(c) No district shall proceed under K.S.A. 79-1964, 79-1964a or 79-1964b, and
amendments to such sections.
History: L. 1992, ch. 280, § 31;
L. 2006, ch. 197, § 21; July 1.
(b) The provisions of this section shall take effect and be in force from
and after July 1, 1992.
History: L. 1992, ch. 280, § 32; May 28.
(b) The provisions of this section shall take effect and be in force from
and after July 1, 1992.
History: L. 1992, ch. 280, § 33; May 28.
(b) The state school district finance fund shall be used for the purpose
of school district finance and for no other
governmental purpose. It is the
intent of the legislature that the fund shall remain intact and inviolate for
such purpose, and moneys in the fund shall not be subject to the provisions of
K.S.A. 75-3722, 75-3725a and 75-3726a, and
amendments thereto.
(c) Amounts in the state school district finance fund shall be
allocated and
distributed to school districts as a portion of general state aid
entitlements provided for under this act.
History: L. 1992, ch. 280, § 34;
L. 1993, ch. 264, § 13;
L. 1997, ch. 41, § 7;
L. 2005, ch. 194, § 18; May 19.
(b) The state board shall establish curriculum standards which reflect high
academic standards for the core academic areas of mathematics, science,
reading, writing and social studies. The curriculum standards shall be reviewed
at least every seven years. Nothing in this subsection shall be construed in
any manner so as to impinge upon any district's authority to determine its own
curriculum.
(c) The state board shall provide for statewide assessments in the core
academic areas of mathematics, science, reading, writing and social studies.
The board shall ensure compatibility between the statewide assessments and the
curriculum standards established pursuant to subsection (b). Such assessments
shall be administered at three grade levels, as determined by the board. The
state board shall determine performance levels on the statewide assessments,
the achievement of which represents high academic standards in the academic
area at the grade level to which the assessment applies. The state board should
specify high academic standards both for individual performance and school
performance on the assessments.
(d) Each school in every district shall establish a school site council
composed of the principal and representatives of teachers and other school
personnel, parents of pupils attending the school, the business community, and
other community groups. School site councils shall be responsible for providing
advice and counsel in evaluating state, school district, and school site
performance goals and objectives and in determining the methods that should be
employed at the school site to meet these goals and objectives. Site councils
may make recommendations and proposals to the school board regarding budgetary
items and school district matters, including but not limited to, identifying
and implementing the best practices for developing efficient and effective
administrative and management functions. Site councils also may help school
boards analyze the unique environment of schools, enhance the efficiency and
maximize limited resources, including outsourcing arrangements and cooperative
opportunities as a means to address limited budgets.
History: L. 1992, ch. 280, § 35;
L. 1995, ch. 263, § 1;
L. 2004, ch. 124, § 3;
L. 2006, ch. 197, § 22; July 1.