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Session of 2026
SENATE BILL No. 383
By Committee on Education
1-26
AN ACT concerning education; relating to special education state aid
reimbursement; adding certain third parties who contract with school
districts to the definition of special teacher; authorizing such
reimbursement for qualified teachers who provide approved special
education or related services to students with an IEP administered by
such school district pursuant to a contract; amending K.S.A. 2025
Supp. 72-3404 and 72-3422 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2025 Supp. 72-3404 is hereby amended to read as
follows: 72-3404. As used in this act:
(a) "School district" means any public school district.
(b) "Board" means the board of education of any school district.
(c) "State board" means the state board of education.
(d) "Department" means the state department of education.
(e) "State institution" means any institution under the jurisdiction of a
state agency.
(f) "State agency" means the Kansas department for children and
families, the Kansas department for aging and disability services, the
department of corrections and the juvenile justice authority.
(g) "Exceptional children" means persons who are children with
disabilities or gifted children and are of school age, to be determined in
accordance with rules and regulations adopted by the state board, whose
age may differ from the ages of children required to attend school under
the provisions of K.S.A. 72-3120, and amendments thereto.
(h) "Gifted children" means exceptional children who are determined
to be within the gifted category of exceptionality as such category is
defined by the state board.
(i) "Special education" means specially designed instruction provided
at no cost to parents to meet the unique needs of an exceptional child,
including:
(1) Instruction conducted in the classroom, in the home, in hospitals
and institutions, and in other settings; and
(2) instruction in physical education.
(j) "Special teacher" means a person, employed by a school district or
under contract with a school district or, a state institution or a third party
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SB 383 2
that has contracted with a school district to provide special education or
related services, who is qualified to:
(1) Provide special education or related services to exceptional
children as determined pursuant to standards established by the state
board; or
(2) assist in the provision of special education or related services to
exceptional children as determined pursuant to standards established by
the state board.
(k) "State plan" means the state plan for special education and related
services authorized by this act.
(l) "Agency" means boards and the state agencies.
(m) "Parent" means:
(1) A natural parent;
(2) an adoptive parent;
(3) a person acting as parent;
(4) a legal guardian;
(5) an education advocate; or
(6) a foster parent, if the foster parent has been appointed the
education advocate of an exceptional child.
(n) "Person acting as parent" means a person such as a grandparent,
stepparent or other relative with whom a child lives or a person other than
a parent who is legally responsible for the welfare of a child.
(o) "Education advocate" means a person appointed by the state board
in accordance with the provisions of K.S.A. 38-2218, and amendments
thereto. A person appointed as an education advocate for a child shall not
be:
(1) An employee of the agency who is required by law to provide
special education or related services for the child;
(2) an employee of the state board, the department, or any agency that
is directly involved in providing educational services for the child; or
(3) any person having a professional or personal interest that would
conflict with the interests of the child.
(p) "Free appropriate public education" means special education and
related services that:
(1) Are provided at public expense, under public supervision and
direction, and without charge;
(2) meet the standards of the state board;
(3) include an appropriate preschool, elementary or secondary school
education; and
(4) are provided in conformity with an individualized education
program.
(q) "Federal law" means the individuals with disabilities education
act, as amended.
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(r) "Individualized education program" or "IEP" means a written
statement for each exceptional child that is developed, reviewed, and
revised in accordance with the provisions of K.S.A. 72-3429, and
amendments thereto.
(s) (1) "Related services" means transportation, and such
developmental, corrective, and other supportive services, including
speech-language pathology and audiology services, interpreting services,
psychological services, physical and occupational therapy, recreation,
including therapeutic recreation, social work services, school nurse
services designed to enable a child with a disability to receive a free
appropriate public education as described in the child's IEP, counseling
services, including rehabilitation counseling, orientation and mobility
services, and medical services, except that such medical services shall be
for diagnostic and evaluation purposes only, as may be required to assist
an exceptional child to benefit from special education, and includes the
early identification and assessment of disabling conditions in children.
(2) "Related services" does not mean any medical device that is
surgically implanted or the replacement of any such device.
(t) "Supplementary aids and services" means aids, services , and other
supports that are provided in regular education classes or other education-
related settings to enable children with disabilities to be educated with
nondisabled children to the maximum extent appropriate.
(u) "Individualized education program team" or "IEP team" means a
group of individuals composed of:
(1) The parents of a child;
(2) at least one regular education teacher of the child if the child is , or
may be, participating in the regular education environment;
(3) at least one special education teacher or, where appropriate, at
least one special education provider of the child;
(4) a representative of the agency directly involved in providing
educational services for the child who is:
(A) Qualified to provide or supervise the provision of specially
designed instruction to meet the unique needs of exceptional children;
(B) knowledgeable about the general curriculum; and
(C) knowledgeable about the availability of resources of the agency;
(5) an individual who can interpret the instructional implications of
evaluation results;
(6) at the discretion of the parent or the agency, other individuals who
have knowledge or special expertise regarding the child, including related
services personnel as appropriate; and
(7) whenever appropriate, the child.
(v) "Evaluation" means a multisourced and multidisciplinary
examination, conducted in accordance with the provisions of K.S.A. 72-
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SB 383 4
3428, and amendments thereto, to determine whether a child is an
exceptional child.
(w) "Independent educational evaluation" means an examination that
is obtained by the parent of an exceptional child and performed by an
individual or group of individuals who meet state and local standards to
conduct such an examination.
(x) "Elementary school" means any nonprofit institutional day or
residential school that offers instruction in any or all of the grades
kindergarten through nine.
(y) "Secondary school" means any nonprofit institutional day or
residential school that offers instruction in any or all of the grades nine
through 12.
(z) "Children with disabilities" means children who:
(1) Have an intellectual disability, hearing loss including deafness,
speech or language disorders, visual impairments including blindness,
emotional disability, orthopedic impairments, autism, dyslexia, traumatic
brain injury, other health impairments , or specific learning disabilities and
who, by reason thereof, need special education and related services; and
(2) are experiencing one or more developmental delays and, by
reason thereof, need special education and related services if such children
are ages three through nine.
(aa) "Substantial change in placement" means the movement of an
exceptional child, for more than 25% of the child's school day, from a less
restrictive environment to a more restrictive environment or from a more
restrictive environment to a less restrictive environment.
(bb) "Material change in services" means an increase or decrease of
25% or more of the duration or frequency of a special education service, a
related service or a supplementary aid or a service specified on the IEP of
an exceptional child.
(cc) "Developmental delay" means such a deviation from average
development in one or more of the following developmental areas, as
determined by appropriate diagnostic instruments and procedures, as
indicates indicating that special education and related services are
required:
(1) Physical;
(2) cognitive;
(3) adaptive behavior;
(4) communication; or
(5) social or emotional development.
(dd) "Homeless children" means "homeless children and youths" as
defined in the federal McKinney-Vento homeless assistance act, 42 U.S.C.
§ 11434a.
(ee) "Limited English proficient" means an individual who meets the
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SB 383 5
qualifications specified in section 9101 of the federal elementary and
secondary education act of 1965, as amended.
(ff) "Emotional disability" means the same as the term "emotional
disturbance" is used in public law 101-476, the individuals with
disabilities education act.
Sec. 2. K.S.A. 2025 Supp. 72-3422 is hereby amended to read as
follows: 72-3422. (a) Each year, the state board of education shall
determine the amount of state aid for the provision of special education
and related services each school district shall receive for the ensuing
school year. The amount of such state aid shall be computed by the state
board as provided in this section.
(b) (1) The state board shall determine the total amount of special
education state aid to be provided to school districts for the provision of
special education and related services as follows:
(A) Determine the total weighted full-time equivalent student
enrollment as provided on the legal maximum general fund calculation
data computed by the state department of education excluding the special
education and related services weighting, bilingual weighting,
transportation weighting, career technical education weighting and at-risk
student weighting;
(B) multiply the amount determined in paragraph (1)(A) by the base
aid for student excellence established pursuant to K.S.A. 72-5132, and
amendments thereto;
(C) divide the amount obtained in paragraph (1)(B) by the total
number of unweighted full-time equivalent students enrolled in all school
districts on September 20;
(D) determine the total full-time equivalent enrollment of exceptional
children receiving special education and related services provided by all
school districts;
(E) multiply the amount of the quotient obtained in paragraph (1)(C)
by the full-time equivalent enrollment determined in paragraph (1)(D);
(F) multiply the amount of the product obtained in paragraph (1)(E)
by the statewide average local option budget authorized percent;
(G) add the amount determined in paragraph (1)(E) to the amount
determined in paragraph (1)(F);
(H) determine the amount of federal funds received by all school
districts for the provision of special education and related services;
(I) determine the amount of revenue received by all school districts
for medicaid reimbursements and rendered under contracts with the state
institutions for the provisions of special education and related services by
the state institution;
(J) add the amounts determined under paragraphs (1)(G) through (1)
(I);
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(K) determine the total amount of expenditures of all school districts
for the provision of special education and related services;
(L) subtract the amount of the sum obtained under paragraph (1)(J)
from the amount determined under paragraph (1)(K); and
(M) multiply the amount determined under paragraph (1)(L) by 92%.
(2) Subject to appropriation acts of the legislature, the computed
amount is the total amount of state aid that shall be received for the
provision of special education and related services by school districts for
the ensuing school year.
(c) Except as provided in subsection (e), each school district shall
receive:
(1) Reimbursement for actual travel allowances paid to special
teachers at not to exceed the rate specified under K.S.A. 75-3203, and
amendments thereto, for each mile actually traveled during the school year
in connection with duties in providing special education or related services
for exceptional children. Such reimbursement shall be computed by the
state board by ascertaining the actual travel allowances paid to special
teachers by the school district for the school year and shall be in an
amount equal to 80% of such actual travel allowances;
(2) reimbursement in an amount equal to 80% of the actual travel
expenses incurred for providing transportation for exceptional children to
special education or related services;
(3) reimbursement in an amount equal to 80% of the actual expenses
incurred for the maintenance of an exceptional child at some place other
than the residence of such child for the purpose of providing special
education or related services. Such reimbursement shall not exceed $600
per exceptional child per school year; and
(4) (A) except for those school districts that receive reimbursement
under subsection (c)(4)(D) or (c)(4)(E), after subtracting the amounts of
reimbursement under subsections (c)(1), (c)(2) and (c)(3) paragraphs (1),
(2) and (3) from the total amount appropriated for special education and
related services under this act, an amount which bears the same proportion
to the remaining amount appropriated as proportional to the number of
full-time equivalent special teachers who are qualified to provide special
education or related services to exceptional children that are employed by
the school district for who provide approved special education or related
services bears to exceptional children with IEPs administered by the
school district compared to the total number of such qualified full-time
equivalent special teachers employed by all school districts for who
provide approved special education or related services to exceptional
children with IEPs administered by all school districts. This
subparagraph shall not apply to school districts that receive
reimbursement pursuant to subparagraph (D) or (E).
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(B) Each special teacher who is qualified to assist in the provision of
special education or related services to exceptional children shall be
counted as 2/5 full-time equivalent special teacher who is qualified to
provide special education or related services to exceptional children.
(C) For purposes of this paragraph, a special teacher, qualified to
assist in the provision of special education and related services to
exceptional children, who assists in providing special education and
related services to exceptional children at either the state school for the
blind or the state school for the deaf and whose services are paid for by a
school district pursuant to K.S.A. 76-1006 or 76-1102, and amendments
thereto, shall be considered a special teacher of such school district.
(D) Each school district that has paid amounts for the provision of
special education and related services under an interlocal agreement shall
receive reimbursement under this paragraph. The amount of such
reimbursement for the school district shall be the amount that bears the
same relation to the aggregate amount available for reimbursement for the
provision of special education and related services under the interlocal
agreement, as the amount paid by such school district in the current school
year for provision of such special education and related services bears to
the aggregate of all amounts paid by all school districts in the current
school year who have entered into such interlocal agreement for provision
of such special education and related services.
(E) Each contracting school district that has paid amounts for the
provision of special education and related services as a member of a
cooperative shall receive reimbursement under this paragraph. The amount
of such reimbursement for the school district shall be the amount that
bears the same relation to the aggregate amount available for
reimbursement for the provision of special education and related services
by the cooperative, as the amount paid by such school district in the
current school year for provision of such special education and related
services bears to the aggregate of all amounts paid by all contracting
school districts in the current school year by such cooperative for
provision of such special education and related services.
(d) For fiscal year 2025, and each fiscal year thereafter, the legislature
shall appropriate from the state general fund in the special education
services aid account of the state department of education an amount that is
equal to or greater than $601,018,818.
(e) (1) In fiscal year 2025, and each fiscal year thereafter, the state
department of education shall distribute from the special education
services aid account of the state general fund an amount equal to
$528,018,516, to school districts pursuant to the statutory distribution
schedule established pursuant to subsection (c).
(2) For fiscal year 2025, and each fiscal year thereafter, the state
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board of education shall establish a special education services aid
equalization distribution schedule that prioritizes equalizing special
education services aid distributions to school districts. When establishing
or revising the special education services aid equalization distribution
schedule, the state board of education shall give consideration to the
discrepancies between each school district's excess cost as determined
pursuant to K.S.A. 2025 Supp. 72-3422a, and amendments thereto. The
purpose of such special education services aid equalization distribution
schedule shall be to provide for a more equitable distribution of special
education state aid among school districts based on each school district's
excess costs.
(3) Notwithstanding the provisions of subsection (c), for fiscal year
2025, and each fiscal year thereafter, the state department of education
shall:
(A) Determine the total amount appropriated for such fiscal year from
the state general fund in the special education services aid account of the
state department of education;
(B) subtract $528,018,516 from the amount determined pursuant to
paragraph (3)(A); and
(C) distribute the amount of the difference determined under
paragraph (3)(B) to school districts pursuant to the special education
services aid equalization distribution schedule established by the state
board of education pursuant to paragraph (2).
(f) No time spent by a special teacher in connection with duties
performed under a contract entered into by the Kansas juvenile
correctional complex, the Larned juvenile correctional facility or the
Topeka juvenile correctional facility and a school district for the provision
of special education services by such state institution shall be counted in
making computations under this section.
(g) (1) There is hereby established in every school district a special
education fund that, which shall consist of all moneys deposited therein or
transferred thereto according to law. Notwithstanding any other provision
of law, all moneys received by the school district from whatever source for
special education shall be credited to the special education fund
established by this section, except that: (A) Amounts of payments received
by a school district under K.S.A. 72-3423, and amendments thereto, and
amounts of grants, if any, received by a school district under K.S.A. 72-
3425, and amendments thereto, shall be deposited in the general fund of
the district and transferred to the special education fund; and (B) moneys
received by a school district pursuant to lawful agreements made under
K.S.A. 72-3412, and amendments thereto, shall be credited to the special
education fund established under the agreements.
(2) The expenses of a school district directly attributable to special
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SB 383 9
education shall be paid from the special education fund and from special
funds established under K.S.A. 72-3412, and amendments thereto.
(3) Obligations of a school district pursuant to lawful agreements
made under K.S.A. 72-3412, and amendments thereto, shall be paid from
the special education fund established by this section.
Sec. 3. K.S.A. 2025 Supp. 72-3404 and 72-3422 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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