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Senate Substitute for HOUSE BILL No. 2402
AN ACT concerning education; relating to school districts; requiring eligible boards of
education to consider participation in the community eligibility provision; providing
a financial hardship exception to such participation; requiring the state department of
education to assist school districts seeking such participation; relating to public
innovative districts; extending the application deadline to operate as a public
innovative district from December 1 to May 1; deeming applications approved if not
approved or denied within a certain number of days; amending K.S.A. 72-4223 and
72-4225 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Each school year, the board of education of
each school district with one or more schools with at least 50% of
students who qualify for free meals through direct certification under
the national school lunch program shall determine the number of
students enrolled in and attending school in each school of such district
who qualifies for free meals through direct certification under the
national school lunch program. School districts may provide
appropriate instruction and assistance to students and families as
necessary to ensure accurate student participation in such program.
(b) (1) Except as provided in paragraph (2), after making the
determination provided in subsection (a), if a school district or school
of the school district is eligible to participate in the community
eligibility provision of 42 U.S.C. § 1759a, the board of education of
such school district shall consider such participation. If such
participation is so desired and would not cause financial hardship as
provided in paragraph (2), such board of education shall by majority
vote officially affirm such participation and direct the superintendent to
perform any necessary tasks for such participation.
(2) If participation in the community eligibility provision of 42
U.S.C. § 1759a would cause financial hardship to a school district, the
board of education of such school district shall demonstrate the
financial hardship in an open public meeting of such board and by
majority vote declare that such school district or school of a school
district elects not to participate in the community eligibility provision.
(c) The state department of education shall assist any school
district with one or more schools that qualify for the community
eligibility provision in such school district's efforts to participate in the
community eligibility provision of 42 U.S.C. § 1759a.
(d) This section shall take effect and be in force on and after July
1, 2026.
Sec. 2. K.S.A. 72-4223 is hereby amended to read as follows: 72-
4223. (a) Except as provided in K.S.A. 72-4225, and amendments
thereto, the board of education of any school district may apply to the
state board for a grant of authority to operate such school district as a
public innovative district. The application shall be submitted in the
form and manner prescribed by the state board , and shall be submitted
not later than December 1 May 1 of the school year preceding the
school year in which the school district intends to operate as a public
innovative district.
(b) The application shall include the following:
(1) A description of the educational programs of the public
innovative district;
(2) a description of the interest and support for partnerships
between the public innovative district, parents and the community;
(3) the specific goals and the measurable pupil outcomes to be
obtained by operating as a public innovative district; and
(4) an explanation of how pupil performance in achieving the
specified outcomes will be measured, evaluated and reported.
(c) (1) Within 90 45 days from the date such application is
submitted, the state board shall review the application to determine
compliance with this section , and shall approve or deny such
Senate Substitute for HOUSE BILL No. 2402—page 2
application on or before the conclusion of such 90-day 45-day period.
(2) If the application is determined to be in compliance with this
section, the state board shall approve such application and grant the
school district authority to operate as a public innovative district.
Notification of such approval shall be sent to the board of education of
such school district within 10 days after such decision.
(2)(3) If the state board determines such application is not in
compliance with either this section , or K.S.A. 72-4225, and
amendments thereto, the state board shall deny such application.
Notification of such denial shall be sent to the board of education of
such school district within 10 days after such decision and shall specify
the reasons therefor. Within 30 days from the date such notification is
sent, the board of education of such school district may submit a
request to the state board for reconsideration of the application and may
submit an amended application with such request. The state board shall
act on the request for reconsideration within 60 45 days of receipt of
such request.
(4) If the state board does not approve or deny such application
within the 45-day period established in paragraph (1), the application
shall be deemed approved.
(d) A public innovative district shall:
(1) Not charge tuition for any of the pupils residing within the
public innovative district;
(2) participate in all Kansas math and reading assessments
applicable to such public innovative district, or an alternative
assessment program for measuring student progress as determined by
the board of education;
(3) abide by all financial and auditing requirements that are
applicable to school districts, except that a public innovative district
may use generally accepted accounting principles;
(4) comply with all applicable health, safety and access laws; and
(5) comply with all statements set forth in the application
submitted pursuant to subsection (a).
(e) (1) Except as otherwise provided in K.S.A. 72-4221 through
72-4230, and amendments thereto, or as required by the board of
education of the public innovative district, a public innovative district
shall be exempt from all laws and rules and regulations that are
applicable to school districts.
(2) A public innovative district shall be subject to the special
education for exceptional children act, the virtual school act, the
Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and
amendments thereto, the provisions of K.S.A. 72-53,113 et seq., and
amendments thereto, all laws governing the issuance of general
obligation bonds by school districts, the provisions of K.S.A. 74-4901
et seq., and amendments thereto, and all laws governing the election of
members of the board of education, the open meetings act as provided
in K.S.A. 75-4317 et seq., and amendments thereto, and the open
records act as provided in K.S.A. 45-215 et seq., and amendments
thereto.
Sec. 3. K.S.A. 72-4225 is hereby amended to read as follows: 72-
4225. (a) Until such time as two or more public innovative districts
have been granted authority to operate as public innovative districts
pursuant to K.S.A. 72-4223, and amendments thereto, any board of
education of a school district desiring to operate as a public innovative
district shall submit a request for approval to operate as a public
innovative district to the governor, the chairperson of the senate
committee on education and the chairperson of the house of
representatives committee on education and have such request
approved by a majority of the three persons prior to submitting an
Senate Substitute for HOUSE BILL No. 2402—page 3
application to the state board under K.S.A. 72-4223, and amendments
thereto. The request for approval shall include such information as is
required to be included on an application for authority to operate as a
public innovative district under K.S.A. 72-4223, and amendments
thereto.
(b) Upon the approval of the first two public innovative districts,
the board of education of a school district desiring to operate as a
public innovative district shall submit a request for approval to operate
as a public innovative district to the coalition board and have such
request approved by the coalition board prior to submitting any
application to the state board under K.S.A. 72-4223, and amendments
thereto. The coalition board, in its sole discretion, shall approve or deny
the request. As part of its review of such request, the coalition board
may make recommendations to the requesting school district to modify
the request, and may consider any such modifications prior to making a
final decision.
(c) The request for approval required by subsection (b) shall
include such information as is required to be included on an application
for authority to operate as a public innovative district under K.S.A. 72-
4223, and amendments thereto. Copies of the request for approval shall
be submitted to each public innovative district that is a member of the
coalition. Within 30 days after receipt of the request for approval by the
last member to receive such request, the coalition board shall meet to
approve or deny the request. Notification of the approval or denial of a
request shall be sent to the board of education of the requesting school
district within 10 days after such decision. If the coalition board does
not approve or deny such request within 30 days, such request shall be
deemed approved. If the request is denied, the notification shall specify
the reasons therefor. Within 30 days from the date a notification of
denial is sent, the board of education of the requesting school district
may submit a request to the coalition board for reconsideration of the
request for approval and may submit an amended request for approval
with the request for reconsideration. The coalition board shall act on
the request for reconsideration within 30 days of receipt of such
request.
(d) (1) Except as provided by paragraph (2) of this subsection, no
not more than 10% of the school districts in the state shall operate as
public innovative districts at any one time. Any request for approval
submitted at such time shall be denied by the coalition board.
(2) An amount in excess of 10% but not to exceed 20% of school
districts in the state may operate as public innovative districts if such
school district operates a school within its district which is deemed to
be either a title I focus school or a title I priority school as described by
the state board under the elementary and secondary education act
flexibility waiver, as amended in January of 2013. Any request for
approval under this paragraph shall be reviewed by the coalition board
for approval.
Sec. 4. K.S.A. 72-4223 and 72-4225 are hereby repealed.
Senate Substitute for HOUSE BILL No. 2402—page 4
Sec. 5. This act shall take effect and be in force from and after its
publication in the Kansas register.
I hereby certify that the above BILL originated in the
HOUSE, and was adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.