reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3406 Dispute resolution procedures; hearing officers and mediators, education and training, list.

72-3406.
Dispute resolution procedures; hearing officers and mediators, education and training, list.
The state board shall:
(a) Establish procedures, which shall be utilized by each agency, to allow parties to disputes involving any matter described in subsection (b)(4) of K.S.A. 72-3430, and amendments thereto, or in K.S.A. 72-3434, and amendments thereto, to resolve such disputes through a mediation process or through due process hearings which meet the requirements of the federal law and this act.
(b) Establish the qualification of persons as hearing officers and mediators in accordance with federal law.
(c) Compile and maintain a list of qualified hearing officers and mediators.
History:
L. 1983, ch. 237, § 2; L. 1999, ch. 116, § 4; L. 2005, ch. 171, § 3; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3407 Education advocates, appointment and qualification; training programs.

72-3407.
Education advocates, appointment and qualification; training programs.
(a) The state board, in consultation with the state advisory council for special education, shall:
(1) Prescribe guidelines for the selection of persons for appointment as education advocates and for the exercise of their authorized powers, duties and functions;
(2) establish standards and criteria for qualification of persons for appointment as education advocates; and
(3) provide for special training programs with respect to the powers, duties and functions of parents.
(b) Parents who are education advocates shall, and all other parents may, participate in the special training programs provided for under provision (3) of subsection (a).
History:
L. 1985, ch. 237, § 2; L. 1987, ch. 268, § 3; L. 1999, ch. 116, § 5; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3411 Methods of compliance with requirements of act; powers and duties of boards of education.

72-3411.
Methods of compliance with requirements of act; powers and duties of boards of education.
(a) Each board, in order to comply with the requirements of this act shall have the authority to:
(1) Provide appropriate special education and related services for exceptional children within its schools.
(2) Provide for appropriate special education and related services in the home, in a hospital or in other facilities.
(3) Contract with another school district for special education and related services. Any such contract may provide for the payment of tuition and other costs by the school district in which the child is enrolled.
(4) Enter into cooperative agreements with one or more other school districts for special education and related services.
(5) Contract with any private nonprofit corporation or any public or private institution, within or outside the state, which has proper special education or related services for exceptional children. Whenever an exceptional child is educated by a private nonprofit corporation or a public or private institution as provided under this paragraph, such child shall be considered a pupil of the school district contracting for such education to the same extent as other pupils of such school district for the purpose of determining entitlements and participation in all state, federal and other financial assistance or payments to such school district.
(6) Furnish transportation for exceptional children, whether such children are residents or nonresidents of such school district, for the provision of special education or related services. In lieu of paying for transportation, the board of the school district in which an exceptional child resides may pay all or part of the cost of room and board for such exceptional child at the place where the special education or related services are provided.
(b) Special education and related services which are provided for exceptional children shall meet standards and criteria set by the state board and shall be subject to approval by the state board.
(c) Any contract entered into by a board under the provisions of this section shall be subject to change or termination by the legislature.
History:
L. 1974, ch. 290, § 8; L. 1976, ch. 306, § 1; L. 1999, ch. 116, § 13; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3413 State institutions required to provide special education and related services; standards and criteria; contracts authorized; correctional institutions, certain exemptions.

72-3413.
State institutions required to provide special education and related services; standards and criteria; contracts authorized; correctional institutions, certain exemptions.
(a) Except as otherwise provided in subsection (b), every state institution shall provide special education and related services for exceptional children housed and maintained in the state institution and such services shall meet standards and criteria set by the state board and shall be subject to approval by the state board. State institutions may contract with local school districts and other appropriate agencies or individuals for special education or related services. Prior to the time any state institution enters into a contract for special education or related services, the services to be provided shall be approved by the state board.
(b) In providing special education or related services to incarcerated children with disabilities, a correctional institution shall be exempt from the requirements of this act to the extent authorized by the federal law.
History:
L. 1974, ch. 290, § 11; L. 1975, ch. 365, § 2; L. 1977, ch. 240, § 2; L. 1999, ch. 116, § 15; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3414 Reports by state board; furnishing of data by districts and state agencies.

72-3414.
Reports by state board; furnishing of data by districts and state agencies.
(a) The state board shall prepare and file such reports as are required by the federal law or this act.
(b) School districts and state agencies having data needed by the state board to complete required reports shall furnish such data, as requested, to the state board.
History:
L. 1974, ch. 290, § 12; L. 1999, ch. 116, § 16; L. 2005, ch. 171, § 7; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3417 Same; list and appointment of hearing officers; procedure.

72-3417.
Same; list and appointment of hearing officers; procedure.
Prior to appointing any hearing officer to conduct a due process hearing provided for under this act, the agency shall make its list of hearing officers available to the parent of the involved child and shall inform the parent of the right to request disqualification of any or all of the hearing officers on the list and to request the state board to appoint a hearing officer in accordance with the procedure provided in this subsection. If the parent does not give written notice of disqualification to the agency within five days after the parent receives the list, the agency may appoint from its list any hearing officer whom the parent has not requested to be disqualified. If the parent requests disqualification of all of the hearing officers and requests the appointment of a hearing officer by the state board, the agency shall immediately notify the state board and shall request the state board to appoint a hearing officer.
History:
L. 1983, ch. 237, § 3; L. 1991, ch. 218, § 4; L. 1999, ch. 116, § 21; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3419 Administration of oaths; issuance of subpoenas; extension of time; costs; hearing for additional evidence.

72-3419.
Administration of oaths; issuance of subpoenas; extension of time; costs; hearing for additional evidence.
(a) Any person conducting a hearing or review under this act may administer oaths for the purpose of taking testimony therein.
(b) Any person conducting a hearing or review under this act or any party to any such hearing or review may request the clerk of the district court to issue subpoenas for the attendance and testimony of witnesses and the production of all relevant records, tests, reports and evaluations in the same manner provided for the issuance of subpoenas in civil actions pursuant to K.S.A. 60-245, and amendments thereto.
(c) Any person conducting a hearing or review under this act, at the request of either party, may grant specific extensions of time beyond the limitations specified in this act.
(d) Any person conducting a hearing under this act shall consider any request for discovery in accordance with the provisions of K.S.A. 77-522, and amendments thereto, except that depositions of witnesses who will be available for the hearing shall not be allowed.
(e) Every hearing and review under this act shall be provided for at no cost to the child or the parent of the child. The costs of any hearing provided for by a board shall be paid by the school district.
(f) Any review officer conducting a review under this act may hold a hearing to receive additional evidence. Every such hearing shall be conducted in accordance with requirements which are consonant with the requirements of this act.
History:
L. 1974, ch. 290, § 16; L. 1974, ch. 291, § 2; L. 1977, ch. 241, § 4; L. 1978, ch. 286, § 4; L. 1980, ch. 216, § 5; L. 1982, ch. 292, § 3; L. 1999, ch. 116, § 23; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3420 Requirements for education of children with disabilities in regular classes, exception; admission to state institutions.

72-3420.
Requirements for education of children with disabilities in regular classes, exception; admission to state institutions.
(a) Each school district shall be required, to the maximum extent appropriate, to educate children with disabilities with children who are not disabled, and to provide special classes, separate schooling or for the removal of children with disabilities from the regular education environment only when the nature or severity of the disability of the child is such that education in regular classes with supplementary aids and services cannot be achieved satisfactorily.
(b) Nothing in this section shall be construed to authorize the state board or any board to function as an admitting agency to the state institutions or to limit or supersede or in any manner affect the requirements of each board to comply with the provisions of K.S.A. 72-3410, and amendments thereto, to provide special education services for each exceptional child in the school district unless and until such child meets the criteria for admission to a state institution and is so admitted by the state institution. Each state institution shall publish the criteria for admission to such state institution and shall furnish such criteria to each board upon request therefor.
History:
L. 1974, ch. 290, § 17; L. 1975, ch. 365, § 3; L. 1977, ch. 240, § 3; L. 1999, ch. 116, § 24; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3421 Compulsory attendance of exceptional children at school for receipt of services; provision of services privately; nonapplicability to gifted children.

72-3421.
Compulsory attendance of exceptional children at school for receipt of services; provision of services privately; nonapplicability to gifted children.
(a) Except as otherwise provided in this section, it shall be the duty of the parent of each exceptional child to require such child to attend school to receive the special education and related services which are indicated on the child's IEP or to provide for such services privately.
(b) The provisions of subsection (a) do not apply to gifted children or to parents of gifted children.
History:
L. 1974, ch. 290, § 18; L. 1980, ch. 216, § 6; L. 1999, ch. 116, § 25; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3423 Manner of payments determined by state board; disposition; overpayments; underpayments; forms; reports.

72-3423.
Manner of payments determined by state board; disposition; overpayments; underpayments; forms; reports.
(a) Payments under this act of state aid for the provision of special education and related services shall be made in the manner and at such times during each school year as are determined by the state board. All amounts received by a district under this section shall be deposited in the general fund of the district and transferred to its special education fund. If any district is paid more than it is entitled to receive under any distribution made under this act, the state board shall notify the district of the amount of such overpayment, and such district shall remit the same to the state board. The state board shall remit any moneys so received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund. If any such district fails so to remit, the state board shall deduct the excess amounts so paid from future payments becoming due to such district. If any district is paid less than the amount to which it is entitled under any distribution made under this act, the state board shall pay the additional amount due at any time within the school year in which the underpayment was made or within 60 days after the end of such school year. If the amount of appropriations for state aid for the provision of special education and related services is insufficient to pay in full the amount of state aid each school district is entitled to receive for the school year, the state board shall prorate the amount appropriated among all school districts.
(b) The state board shall prescribe all forms necessary for reporting under this act.
(c) Every board shall make such periodic and special reports of information to the state board as it may request in order to carry out its responsibilities under this act.
History:
L. 1974, ch. 290, § 20; L. 1999, ch. 116, § 27; L. 2001, ch. 215, § 12; L. 2002, ch. 164, § 2; L. 2005, ch. 152, § 11; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3424 Technical advice and assistance by state department; recommendations.

72-3424.
Technical advice and assistance by state department; recommendations.
The department, upon request, shall: (1) Give technical advice and assistance to any agency in connection with the establishment and maintenance of special education and related services for exceptional children; (2) make recommendations to any agency concerning appropriate special education or related services to be provided to exceptional children; and (3) consider and give advice to any agency concerning problems encountered by such agency in complying with the requirements of this act.
History:
L. 1975, ch. 365, § 4; L. 1999, ch. 116, § 28; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3426 Performance goals and indicators for children with disabilities; reports to U.S. department of education; state improvement plan.

72-3426.
Performance goals and indicators for children with disabilities; reports to U.S. department of education; state improvement plan.
The state board shall:
(1) Establish goals for the performance of children with disabilities in the state that: (A) Will promote the purposes of this act; (B) are consistent, to the maximum extent appropriate, with other goals and standards for children established by the state board; (C) are the same as the goals included in the state's definition of adequate yearly progress under the federal no child left behind act of 2004, including the state's objectives for progress by children with disabilities; and (D) address graduation rates, dropout rates, and other factors as determined by the state board;
(2) establish performance indicators the state will use to assess progress toward achieving the goals designated in paragraph (1), including the measurable annual objectives for progress by children with disabilities; and
(3) annually report to the secretary of the U.S. department of education, and to the public, the progress of the state, and of children with disabilities in the state, toward meeting the goals established under this section.
History:
L. 1999, ch. 116, § 9; L. 2005, ch. 171, § 11; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3427 Assessment programs; participation by children with disabilities; reports to public.

72-3427.
Assessment programs; participation by children with disabilities; reports to public.
(a) (1) The state board and each board shall include exceptional children in general state and district-wide assessment programs, including assessments described in the federal no child left behind act of 2004 with appropriate accommodations and alternate assessments where necessary and as indicated in the children's respective IEPs.
(2) In accordance with the federal law, the state board and each board shall develop guidelines for: (A) The provision of appropriate accommodations; and (B) for the participation of children with disabilities in alternate assessments for those children who cannot participate in regular state and district-wide assessments as indicated in their respective IEPs.
(3) The guidelines for alternative assessments shall meet the requirements of the federal law.
(b) The state board, and each local board with respect to district assessments, shall make available to the public, and report to the public with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following:
(1) The number of children with disabilities participating in regular assessments and the number of those children who were provided accommodations in order to participate in those assessments;
(2) the number of children with disabilities participating in alternate assessments that are: (A) Aligned with the state's challenging academic and achievement standards; or (B) based upon the achievement of children with disabilities; and
(3) the performance of children with disabilities on regular assessments and on alternate assessments if doing so would be statistically sound and would not result in the disclosure of personally identifiable information about an individual student compared with the achievement of all children, including children with disabilities, on those assessments.
History:
L. 1999, ch. 116, § 10; L. 2005, ch. 171, § 12; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3431 Rights of child with disability upon reaching 18 years of age.

72-3431.
Rights of child with disability upon reaching 18 years of age.
When a person who has been determined to be a child with a disability reaches the age of 18, except for such a person who has been determined to be incompetent under state law:
(a) An agency shall provide to both the person and to the person's parents any notice required by this act;
(b) all other rights accorded to parents under this act transfer to the person;
(c) the agency shall notify the person and the parents of the transfer of rights; and
(d) all rights accorded to parents under this act transfer to the person if incarcerated in an adult or juvenile federal, state or local correctional institution.
History:
L. 1999, ch. 116, § 18; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3432 Notice of parental rights; contents.

72-3432.
Notice of parental rights; contents.
The notice required by subsection (b)(2) of K.S.A. 72-3430, and amendments thereto, shall include:
(a) A description of the action proposed or refused by the agency;
(b) an explanation of why the agency proposes or refuses to take the action;
(c) a description of other options that the agency or IEP team considered and the reasons those options were rejected;
(d) a description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;
(e) a description of any other factors that are relevant to the agency's proposal or refusal;
(f) a statement that the parents have protection under the procedural safeguards of this act and, if the notice is not an initial referral for evaluation, the means by which a copy of the procedural safeguards can be obtained; and
(g) sources for parents to contact to obtain assistance in understanding the provisions of the federal law and this act.
History:
L. 1999, ch. 116, § 19; L. 2005, ch. 171, § 16; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3434 Same; parental disagreement with determination; due process hearing and review.

72-3434.
Same; parental disagreement with determination; due process hearing and review.
(a) The parent of a child with a disability who disagrees with any decision regarding placement, or the manifestation determination under K.S.A. 72-3433, and amendments thereto, or an agency that believes that maintaining the current placement of a child is substantially likely to result in injury to the child or to others, may request a hearing.
(b) A hearing officer appointed under this act shall hear, and make the determination regarding, an appeal requested under subsection (a).
(c) In making the determination under subsection (b), the hearing officer may order a change in placement of the child. In such situations, the hearing officer may:
(1) Uphold the manifestation determination;
(2) uphold the interim alternative educational placement of the child;
(3) return the child to the placement from which the child was removed; or
(4) order a change in placement of the child to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of such child is substantially likely to result in injury to the child or to others.
History:
L. 2005, ch. 171, § 18; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3435 Same; placement of child during pendency of due process proceedings.

72-3435.
Same; placement of child during pendency of due process proceedings.
(a) If a parent or agency requests a hearing under K.S.A. 72-3434, and amendments thereto, the child shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the forty-five-school-day period described in subsection (a)(2) of K.S.A. 72-3433, and amendments thereto, whichever occurs first, unless the parent and the agency agree otherwise.
(b) The agency shall arrange for an expedited hearing, which shall occur within 20 school days of the date the hearing is requested and shall result in a determination within 10 school days after the hearing. To expedite the hearing, the agency, within three school days of receiving the request for a hearing, shall request the state board to appoint a hearing officer to conduct the hearing.
History:
L. 1999, ch. 116, § 32; L. 2005, ch. 171, § 19; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3436 School district knowledge that child is child with disability prior to determination, when deemed; subjection of child to disciplinary action, when; evaluation and placement of child.

72-3436.
School district knowledge that child is child with disability prior to determination, when deemed; subjection of child to disciplinary action, when; evaluation and placement of child.
(a) A child who has not been determined to be eligible for special education and related services under this act and who has engaged in behavior that violated any rule or code of conduct of the school district may assert any of the protections provided for in this act if the school district had knowledge, as determined in accordance with this section, that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred.
(b) A school district shall be deemed to have knowledge that a child is a child with a disability if before the behavior that precipitated the disciplinary action occurred:
(1) The parent of the child has expressed concern, in writing, to supervisory or administrative personnel of the appropriate educational agency or to a teacher of the child, that the child is in need of special education and related services;
(2) the parent of the child previously has requested an evaluation of the child; or
(3) the teacher of the child, or other personnel of the school district, previously has expressed specific concerns about a pattern of behavior demonstrated by the child directly to the director of special education of such school district or to other supervisory personnel of the district.
(c) A school district shall not be deemed to have knowledge that a child is a child with a disability if the parent of the child has not allowed an evaluation of the child or has refused services under this law, or the child has been evaluated but it was determined that the child was not a child with a disability.
(d) (1) Subject to provision (2) of this subsection, if a school district does not have knowledge that a child is a child with a disability prior to taking disciplinary action against the child, the child may be subjected to the same disciplinary action as is applied to children without disabilities who engage in comparable behaviors.
(2) If a request is made for an evaluation of a child during the time period in which the child is subjected to disciplinary action described by this act, an evaluation shall be conducted in an expedited manner. If the child is determined to be a child with a disability, taking into consideration information from the evaluation conducted by the school district and information provided by the parents, the school district shall provide special education and related services in accordance with the provisions of this act, except that, pending the results of the evaluation, the child shall remain in the educational placement determined by school authorities, which may be long-term suspension or expulsion from school.
History:
L. 1999, ch. 116, § 33; L. 2005, ch. 171, § 20; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3437 Crimes committed by child with disability, reports to law enforcement and judicial authorities; transmittal of special education and disciplinary records.

72-3437.
Crimes committed by child with disability, reports to law enforcement and judicial authorities; transmittal of special education and disciplinary records.
(a) Nothing in this act shall be construed to prohibit an agency from reporting a crime committed by a child with a disability to appropriate authorities or to prevent state or local law enforcement and judicial authorities from exercising their responsibilities with regard to the application of federal, state, or local law to crimes committed by a child with a disability.
(b) An agency reporting a crime committed by a child with a disability shall ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom it reports the crime.
History:
L. 1999, ch. 116, § 34; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3438 Dispute resolution through mediation; procedures; list of mediators; costs; time and location; agreements; confidentiality.

72-3438.
Dispute resolution through mediation; procedures; list of mediators; costs; time and location; agreements; confidentiality.
(a) The state board shall establish and implement procedures to allow agencies and parents to resolve disputes involving any matter, including matters arising prior to the filing of a complaint, through a mediation process.
(b) The procedures adopted shall ensure that the mediation process is:
(1) Voluntary on the part of the parties;
(2) not used to deny or delay a parent's right to a due process hearing, or to deny any other rights afforded under this act; and
(3) conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
(c) The state board shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services and shall establish procedures for the appointment of a mediator to help resolve disputes between the parties.
(d) The state board shall bear the cost of the mediation process described in this section.
(e) Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties to the dispute.
(f) If the mediation process results in a resolution of the complaint, the parties shall execute a written agreement that both the parent and an authorized representative of the agency shall sign and that, at a minimum, includes the following statements:
(1) The resolution of each issue presented in the complaint;
(2) all discussions that occurred during the mediation process are confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; and
(3) each party understands that the agreement is legally binding upon them; and
(4) the agreement may be enforced in state or federal court.
(g) Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings.
History:
L. 1999, ch. 116, § 35; L. 2005, ch. 171, § 21; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3439 Transfer of records of an exceptional child when child changes school.

72-3439. Transfer of records of an exceptional child when child changes school.
All records of an exceptional child who transfers, or who is transferred, from one school district to another shall be transferred at the same time that such child transfers, or is transferred, or as soon thereafter as possible. If the transfer is a result of the change in placement by the secretary for children and families, it shall be the duty of the secretary to transfer, or make provision for the transfer, of such records to the district or school to which the child is transferred. If the transfer is a result of the change in placement by the commissioner of juvenile justice, it shall be the duty of the commissioner to transfer, or make provision for the transfer, of such records to the district or school to which the child is transferred. If the transfer is a result of the change in placement by the secretary of the department of corrections, it shall be the duty of the secretary to transfer, or make provision for the transfer, of such records to the district or school to which the child is transferred.
History:
L. 2005, ch. 171, § 22; L. 2014, ch. 115, § 284; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3440 Medicaid replacement state aid; computation of amount; limitation.

72-3440.
Medicaid replacement state aid; computation of amount; limitation.
(a) As used in this section:
(1) "Medicaid children" means exceptional children who receive special education and related services and for which the district receives medicaid payments.
(2) Words and phrases used in this section, have the meanings ascribed thereto in K.S.A. 72-3404, and amendments thereto.
(b) The state board shall designate a portion of the amount of moneys appropriated as special education services state aid as medicaid replacement state aid. The amount designated by the state board shall not exceed $9,000,000 in any school year.
(c) Subject to the limitations of this section and appropriations therefor, each school district shall be entitled to medicaid replacement state aid. The amount of such state aid shall be computed by the state board as provided in this section. The state board shall:
(1) Determine the total number of medicaid children in all school districts on March 1 of each school year;
(2) divide the amount of moneys designated as medicaid replacement state aid by the amount determined under paragraph (1); and
(3) multiply the quotient determined under paragraph (2) by the number of medicaid children in each school district on March 1 of each school year. The product is the amount of medicaid replacement state aid the district is entitled to receive.
(d) All amounts received by a school district under this section shall be deposited in the general fund of the district and shall be transferred to the special education fund of the district.
(e) The board of education of any district desiring to receive state aid pursuant to this section shall submit any documentation or information to the state board as it may request. The state board may establish deadlines for the submission of such documentation and information.
(f) The state board shall make the distribution of moneys under this section prior to determining the amount of state aid to be distributed under K.S.A. 72-3422, and amendments thereto.
(g) The state board shall prescribe all forms necessary for reporting under this section.
History:
L. 2008, ch. 172, § 7; L. 2010, ch. 127, § 3; April 29.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3461 Special education services for exceptional children enrolled in private schools; definitions.

72-3461.
Special education services for exceptional children enrolled in private schools; definitions.
As used in this act:
(a) "School district" means any public school district organized under the laws of this state.
(b) "Exceptional children" and "special education services" have the meanings respectively ascribed thereto in K.S.A. 72-3404, and amendments thereto.
(c) "Private, nonprofit elementary or secondary school" means an organization which regularly offers education at the elementary or secondary level, which is exempt from federal income taxation under section 501 of the federal internal revenue code of 1954, as amended, which conforms to the civil rights act of 1964, and attendance at which satisfies any compulsory school attendance laws of this state.
History:
L. 1980, ch. 212, § 1; L. 1999, ch. 116, § 39; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3462 Same; conditions for provision; location; transportation.

72-3462.
Same; conditions for provision; location; transportation.
Every school district shall provide special education services for exceptional children who reside in the school district and attend a private, nonprofit elementary or secondary school, whether such school is located within or outside the school district, upon request of a parent or guardian of any such child for the provision of such services. No school district shall be required to provide such services outside the school district. Any school district may provide special education services for exceptional children who attend a private, nonprofit elementary or secondary school located within the school district, whether or not all such children reside in the school district. Special education services which are provided under this section for exceptional children who attend a private, nonprofit elementary or secondary school which is located in the school district may be provided in the private, nonprofit elementary or secondary school or in the public schools of the school district. The site for the provision of special education services under this section for an exceptional child shall be determined by the school district in consultation with the parent or guardian of the child and with officials of the private, nonprofit elementary or secondary school. Special education services provided under this section for exceptional children who attend a private, nonprofit elementary or secondary school are subject to the following requirements: (a) If the services are provided for in the private, nonprofit elementary or secondary school, amounts expended for the provision of such services shall not be required to exceed the average cost to the school district for the provision of the same services in the public schools of the school district for children within the same category of exceptionality; (b) if the services are provided for in the public schools of the school district, the services shall be provided on an equal basis with the provision of such services for exceptional children attending the public schools; and (c) if the services are provided in the public schools of the school district, transportation to and from such public school shall be provided by the school district.
History:
L. 1980, ch. 212, § 2; L. 1999, ch. 116, § 40; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3463 Same; provision in connection with religious activity prohibited.

72-3463.
Same; provision in connection with religious activity prohibited.
No special education services shall be provided in connection with religious courses, devotional exercises, religious training, or any other religious activity.
History:
L. 1980, ch. 212, § 3; L. 1999, ch. 116, § 41; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3471 Instruction in Braille; definitions.

72-3471.
Instruction in Braille; definitions.
As used in this section:
(a) "Blind persons" means individuals who:
(1) Have a visual acuity of 20/200 or less in the better eye with conventional correction, or have a limited field of vision such that the widest diameter of the visual field subtends an angular distance not greater than 20°;
(2) have a reasonable expectation of visual deterioration; or
(3) cannot read printed material at a competitive rate of speed and with facility due to lack of visual acuity.
(b) "Braille" means the system of reading and writing through touch commonly known as standard English Braille.
(c) "Student" means any student who is blind or any student eligible for special education services for visually impaired as defined in public law 94-142.
History:
L. 1991, ch. 118, § 1; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3472 Same; providing instruction to all students.

72-3472.
Same; providing instruction to all students.
All students may receive instruction in Braille reading and writing as part of their individualized education plan. No student shall be denied the opportunity for instruction in Braille reading and writing solely because the student has some remaining vision.
History:
L. 1991, ch. 118, § 2; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3473 Same; individualized education plan.

72-3473.
Same; individualized education plan.
Instruction in Braille reading and writing shall be sufficient to enable each student to communicate effectively and efficiently at a level commensurate with such student's sighted peers of comparable grade level and intellect. The individualized education plan shall specify:
(a) How Braille will be implemented as the primary mode for learning through integration with normal classroom activities. If Braille will not be provided to a child who is blind, the reason for not incorporating it in the individualized education plan shall be documented therein;
(b) the date on which Braille instruction will commence;
(c) the level of competency in Braille reading and writing to be achieved by the end of the period covered by the individualized education plan; and
(d) the duration of each session.
History:
L. 1991, ch. 118, § 3; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3474 Same; certification of teachers; assessment procedures.

72-3474.
Same; certification of teachers; assessment procedures.
As part of the certification process, teachers certified in the education of blind and visually impaired children shall be required to demonstrate competence in reading and writing Braille. The state board of education shall adopt assessment procedures to assess such competencies which are consistent with the standards adopted by the national library service for the blind and physically handicapped.
History:
L. 1991, ch. 118, § 4; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 34 - Special Education › 72-3481 Program for education of deaf-blind or otherwise severely handicapped children by state department; expenditures; definitions.

72-3481.
Program for education of deaf-blind or otherwise severely handicapped children by state department; expenditures; definitions.
The state department of public instruction is hereby authorized to expend available funds for the purpose of sending children who are deaf-blind, or otherwise severely handicapped to any facility, school, or institution, within or without the state of Kansas, providing a qualified program of education for such children. Such funds may be spent for evaluation and diagnosis, room, board, tuition, transportation, and other items which are necessarily relevant to the education of such children. In interpreting and carrying out the provisions of this act, the words "deaf-blind children" whenever used, will be construed to include any child of educable mind whose combination of handicaps of deafness and blindness prevents him from profiting satisfactorily from educational programs provided for the blind child or the deaf child; and the words "otherwise severely handicapped children," wherever used, will be construed to include any child of educable mind whose handicap or combination of handicaps prevents him from profiting satisfactorily from educational programs provided through a sponsoring public school district in this state.
History:
L. 1959, ch. 311, § 1; June 30.
2023 Kansas Statutes › Chapter 72 - Schools › Article 35 - At-risk Education › 72-3566 Skills for success in school program; definitions.

72-3566.
Skills for success in school program; definitions.
As used in K.S.A. 72-3567 through 72-3573, and amendments thereto:
(a) "District" or "school district" means any school district which submits an application pursuant to K.S.A. 72-3568, and amendments thereto;
(b) "program" means the Kansas skills for success in school program;
(c) "department" means the Kansas department of education;
(d) "state board" means the state board of education; and
(e) "pupil" means any pupil in kindergarten or any of the grades one through three.
History:
L. 2005, ch. 194, § 2; May 19.
2023 Kansas Statutes › Chapter 72 - Schools › Article 35 - At-risk Education › 72-3567 Same; determination of child's skill-level; improvement plans.

72-3567.
Same; determination of child's skill-level; improvement plans.
(a) Each school district shall determine each child's mathematics and reading skill-level and whether each child is progressing adequately in acquiring mathematics and reading skills for the child's grade-level. Districts shall use the grade-level standards and respective indicators adopted by the state board in making such determinations. Districts shall use state assessments or diagnostic assessments that meet the standards determined by the state board during kindergarten and each of the grades one through three to determine a child's level of performance and to target specialized instructional interventions, programs and strategies. A child's progress shall be assessed at least once each year. Annual diagnostic assessments shall meet the diagnostic assessment requirements of the department.
(b) A district shall include in each participating school's improvement plan research-based intervention programs or strategies and interventions determined by the district. District-determined interventions may include, but are not limited to, individualized instruction, alternative teaching methods, a restructured school day, extended time strategies and any other intervention the district deems necessary.
(c) If a child has been identified as needing assistance, the plan for the school shall create a mechanism to track the child's interventions and progress. The school shall determine the methods by which the child's progress is measured. When a child has achieved the appropriate skills for the child's grade-level, no further interventions shall be necessary unless the child falls behind in another grade. If the child does not achieve the appropriate skills for the child's grade-level despite intervention, the school shall take action to initiate additional interventions for the child to achieve such skills. When appropriate, districts are encouraged to utilize skilled and trained community-based organizations and individuals to implement intervention plans.
History:
L. 2005, ch. 194, § 3; May 19.
2023 Kansas Statutes › Chapter 72 - Schools › Article 35 - At-risk Education › 72-3568 Same; grants, application, amount awarded.

72-3568.
Same; grants, application, amount awarded.
(a) Applications for grants under the program shall be prepared and submitted in the form and manner required by the state board. The application shall be accompanied by any information required by the state board.
(b) The amount of money awarded through a grant shall not exceed the amount of actual expenses incurred by the district in the establishment and maintenance of the district's plan of interventions. If a district is paid more than it is entitled to receive under the program, the state board shall notify the district of the amount of such overpayment, and such district shall remit the same to the state board. The state board shall remit any moneys so received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state school district finance fund. If any district fails so to remit, the state board shall deduct the excess amounts so paid from future payments becoming due to the district. If any district is paid less than the amount to which it is entitled under any distribution made under this act, the state board shall pay the additional amount due at any time within the school year in which the underpayment was made or within 60 days after the end of such school year.
(c) The board of education of any district which is awarded a grant for an improvement plan shall make periodic and special reports to the state board of education as it may request.
History:
L. 2005, ch. 194, § 4; May 19.
2023 Kansas Statutes › Chapter 72 - Schools › Article 35 - At-risk Education › 72-3569 Same; rules and regulations; standards and criteria for improvement plans and awarding grants.

72-3569.
Same; rules and regulations; standards and criteria for improvement plans and awarding grants.
(a) On or before January 1, 2006, the state board may adopt rules and regulations for the development and implementation of plans of intervention established under the program. The state board shall establish standards and criteria for reviewing, evaluating and approving school improvement plans and applications for grants submitted by districts. All grants shall be awarded by the state board in accordance with the standards and criteria established by the state board. No district shall be eligible to receive a grant unless the district includes within its plan specific strategies for intervention.
(b) Upon request of a school district, the state board shall provide technical assistance regarding the establishment and maintenance of the improvement plan.
History:
L. 2005, ch. 194, § 5; May 19.
2023 Kansas Statutes › Chapter 72 - Schools › Article 35 - At-risk Education › 72-3570 Same; reports to the legislature by state board.

72-3570. Same; reports to the legislature by state board.
On or before September 1, 2006, the state board of education shall report its progress on the implementation of the Kansas skills for success in school program to the legislative educational planning committee. On or before the first day of the legislative session in 2014, and each year thereafter, the state board shall make an annual report on the program to the senate committee on education and the house of representatives committee on education. Annual reports shall include data relating to and supporting evaluations of goals, objectives and outcomes established by the state board.
History:
L. 2005, ch. 194, § 6; L. 2013, ch. 134, § 26; July 1.