Claims shall be accompanied by an affidavit of an officer of the public school district affirming the accuracy of the claim. On February first and June first of each year, the department of public instruction shall certify to the state comptroller the amounts of approved claims to be paid, and the state comptroller shall draw warrants payable to school districts which have established claims.

There is appropriated from the general fund of the state to the school budget review committee for the fiscal year commencing July 1, 1974 and ending June 30, 1975, the sum of two million two hundred thousand (2,200,000) dollars, or so much thereof as may be necessary, to be used for the payments

CONSTITUTIONAL PROVISIONS

Public Aid For Nonpublic Schools

Education (art. 6).

SEC. 6. Finance-(c) No religious sect or sects shall control any part of the public educational funds.

Tax Exemptions For Nonpublic Schools

Finance and Taxation (art. 11).

SEC. 1. System of taxation; classification; exemption.—The legislature shall provide for a uniform and equal rate of assessment and taxation, except that mineral products, money, mortgages, notes and other evidence of debt may be classified and taxed uniformly as to class as the legislature shall provide. All property used exclusively for state, county, municipal, literary, educational, scientific, religious, benevolent and charitable purposes, and all household goods and personal effects not used for the production of income, be exempted from taxation.

Miscellaneous

Legislative (art. 2).

SEC. 17. Uniform operation of laws of a general nature; special laws; urban areas.- All laws of a general nature shall have a uniform operation throughout the state; and in all cases where a general law can be made applicable, no special law shall be enacted; and whether or not a law enacted is repugnant to this provision of the constitution shall be construed and determined by the courts of the state: ***

Corporations (art. 12).

SEC. 1. Corporate powers.-The legislature shall pass no special act conferring corporate powers. Corporations may be created under general laws; but all such laws may be amended or repealed.

STATUTORY PROVISIONS

Schools (ch. 72).

Approval/Supervision/Support

School Attendance, Curriculum and Accreditation (ch. 72) Compulsory School Law (art. 11).

SEC. 72-1111. Compulsory school attendance; exemptions. –* * * When a recognized church or religious denomination that objects to a regular public high school education provides, either individually or in cooperation with

another recognized church or religious denomination, offers and teaches a regularly supervised program of instruction, approved by the state board of education for children of compulsory school attendance age who have successfully completed the eighth grade, participation in such a program of instruction by children who have successfully completed the eighth grade and whose parents or guardians are members of the sponsoring church or religious denomination shall be regarded as acceptable school attendance within the meaning of this act. Approval of such programs shall be granted by the state board, for two (2) year periods, upon application from recognized churches and religious denominations, under the following conditions: (1) Each participating child shall be engaged, during each day on which attendance is legally required in the public schools in the school district in which the child resides, in at least five (5) hours of learning activities appropriate to the adult occupation he is likely to assume in later years;

(2) acceptable learning activities, for the purposes of this section, shall include, parent (or guardian)-supervised projects in agriculture and home-making, work-study programs in cooperation with local business and industry, and correspondence courses from schools accredited by the national home study council, recognized by the United States office of education as the competent accrediting agency for private home study schools;

(3) at least fifteen (15) hours per week of classroom work shall be provided, at which time students shall be required to file written reports of the learning activities they have pursued since the time of the last class meeting; indicating the length of time spent on each one, and the teacher shall examine and evaluate such reports, approve plans for further learning activities, and provide necessary assignments and instruction;

(4) regular attendance reports shall be filed as required by law, and students shall be reported as absent for each school day on which they have not completed the prescribed minimum of five (5) hours of learning activities; (5) the teacher shall keep complete records concerning instruction provided, assignments made, and work pursued by the students, and these records shall be filed on the first day of each month with the state board of education, and the board of education of the school district in which such child resides; (6) the teacher shall be capable of performing competently the functions entrusted to him, but shall be required to hold a valid teaching certificate issued by the state of Kansas;

(7) in applying for approval under this section a recognized church or religious denomination shall certify its objection to a regular public high school education and shall specify, in such detail as the state board of education may reasonably require, the program of instruction that it intends to provide and no such program shall be approved unless it fully complies with standards therefor which shall be specified by the state board of education; (8) at any time that the sponsors of an instructional program approved under this section should fail to comply with these provisions, the state board of education shall, after a written warning has been served and a period of three (3) weeks allowed for compliance, rescind approval of the programs, even though the two (2) year approval period has not elapsed, and thereupon children attending such program shall be admitted to a high school of the

school district. [L. 1874, ch. 123, sec. 1; L. 1903, ch. 423, sec. 1; L. 1919, ch. 272, sec. 1; L. 1923, ch. 182, sec. 1; R.S. 1923, 72-4801; L. 1965, ch. 409, sec. 1; L. 1968, ch. 356, sec. 1; L. 1969, ch. 316, sec. 1; July 1.]

SEC. 72-1113. Same; reporting noncompliance to juvenile court.-Each board of education in this state shall designate one or more certificated employees, whose responsibility it shall be to report to the judge of the juvenile court of the county which is the home county of the school district any noncompliance with the provisions of this act. Such designation shall be made no later than September 1 of each school year, and shall be certified to the appropriate juvenile court judge no later than ten (10) days thereafter by the clerk of the board of education. [L. 1969, ch. 316, sec. 2; L. 1972, ch. 254, sec. 1; July 1.]

State Board of Education (ch. 72) (art. 75).

SEC. 72-7513. In general, but not by way of limitation, consonant with other applicable statutory provisions, the state board of education shall: (a) Adopt and maintain standards, criteria, guidelines or rules and regulations for the following:

(1) School libraries and textbooks and other educational materials; (2) Courses of study and curriculum;

(3) Accredit schools including elementary, secondary and junior colleges, public and nonpublic;

(4) Certification of administrators, teachers, counselors, school nurses and supervisors of school districts and of the state department of education and of teachers and administrators of nonpublic schools

(b) Administer the laws of this state concerning the matters named in this section and all other matters relating to the general supervision of the public schools and institutions under supervision of the state board of education.

HOUSE BILL No. 1042 (1973 Session)-An Act concerning education in public and nonpublic elementary and secondary schools: providing for evaluation of teachers and other school employees.

SEC. 1. It is hereby declared that the legislative intent of this act is to provide for a systematic method for improvement of school personnel in their jobs and to improve the educational system of this state.

SEC. 2. As used in this act, unless the context otherwise requires: (a) "Board" means the board of education of a school district and the governing authority of any nonpublic school offering any of grades kindergarten to 12 in accredited schools.

(b) "State board" means the state board of education.

(c) "Employees" means all certificated employees of school districts and similar employees of nonpublic schools.

(d) "School year" means the period from July 1 to June 30.

(e) "Accredited" means accredited by the state board, whether the accreditation applies to a single school, to all of the schools of a school district or to one or more nonpublic schools.

SEC. 3. Prior to January 15, 1974, every board shall adopt a written policy of personnel evaluation procedure in accordance with this act and file the same with the state board. Every policy so adopted shall: (a) Be prescribed in writing at the time of original adoption and at all times thereafter when amendments thereto are adopted. The original policy and all amendments thereto shall be promptly filed with the state board.

(b) Include evaluation procedures applicable to all employees.

(c) Provide that all evaluations are to be made in writing and that evaluation documents and responses thereto are to be maintained in a personnel file for each employee for a period of not less than three (3) years from the date each evaluation is made.

(d) Provide that commencing not later than the 1974-1975 school year, every employee in the first two (2) consecutive years of his employment shall be evaluated at least two (2) times per year, and that every employee during the third and fourth years of his employment shall be evaluated at least one (1)

time each year, and that after the fourth year of his employment every employee shall be evaluated at least once in every three (3) years.

SEC. 4. Evaluation policies adopted under section 3 of this act should meet the following guidelines or criteria: (a) Consideration should be given to the following personal qualities and attributes: Efficiency, personal qualities, professional deportment, ability, health (both physical and mental), results and performance, including in the case of teachers the capacity to maintain control of students, and such other matters as may be deemed material. (b) Community attitudes toward support for and expectations with regard to educational programs should be reflected.

(c) The original policy and amendments thereto should be developed by the board in cooperation with the persons responsible for making evaluations and the persons who are to be evaluated,. and, to the extent practicable, consideration should be given to comment and suggestions from other community interests.

(d) Evaluations are to be made by personnel designated by the board. The board shall place primary responsibility upon members of the administrative staff in making such evaluations.

(e) Persons to be evaluated should participate in their evaluations, including an opportunity for self-evaluation.

SEC. 5. Whenever any evaluation is made of an employee, the written document thereof shall be presented to the employee, and the employee shall acknowledge such presentation by his signature thereon. At any time not later than two (2) weeks after such presentation, the employee may respond thereto in writing. Except by order of a court of competent jurisdiction, evaluation documents and responses thereto shall be available only to the evaluated employee, the board, the administrative staff making the same, the state board of education as provided in K.S.A. 72-7515, the board and the administrative staff of any school to which such employee applies for employment, and other persons specified by the employee in writing to his board.

SEC. 6. Upon request of any board, the state board shall provide for assistance in the preparation of original policies of personnel evaluation or amendments thereto. In the event that any board has failed to file an adopted policy as provided by this act on or before January 15, 1974, or if any board fails to file any adopted amendment to such original policy within a reasonable time after adoption thereof, the state board may apply penalties as prescribed by rules and regulations applicable to accreditation of schools.

SEC. 7. This act shall take effect and be in force from and after July 1, 1973, and its publication in the statute book.

Compulsory Education

School Attendance, Curriculum and Accreditation (ch. 72).
Age of Entrance to School (art. 11).

SEC. 72-1107. Age of children attending school.–Subject to such regulations as the governing body of any school district may prescribe: (a) Any child who will attain the age of six (6) years on or before the first day of September of any school year shall be eligible to attend the elementary grades. * * *

Compulsory School Law (art. 11).

SEC. 72-1111. Compulsory school attendance; exemptions.-Every parent, guardian or other person in the state of Kansas, having control over or charge of any child who has reached the age of seven (7) years and is under the age of sixteen (16) years, shall require such child to attend continuously a public school or a private, denominational or parochial school taught by a competent instructor, each school year, for such period as the public school of the school district in which the child resides is in session. * * *

SENATE BILL No. 26 (1973 Session)-An Act concerning education; enforcement of compulsory school attendance; definition of “truant” in the juvenile code; amending K.S.A. 72-1113, and repealing the existing section.

SEC. 1. K.S.A. 72-1113 is hereby amended to read as follows: 72-1113. (a) Each board of education shall designate one or more employees, whose responsibility it shall be to report to the judge of the juvenile court of the county which is the home county of the school district all cases of truancy. Such designation shall be made no later than September 1 of each school year, and shall be certified to the appropriate juvenile court judge no later than ten (10) days thereafter by the clerk of the board of education.

(b) Whenever a child is required by law to attend school and such child is not enrolled in a public or nonpublic school, such child is a truant. Reports of cases of truancy under this subsection shall be made by designees of boards of education of public school districts under subsection (a) of this section. (c) Whenever a child is required by law to attend school and such child is inexcusably absent therefrom on either three (3) consecutive days or five (5) or more days in any semester, such child is a truant. A child is inexcusably absent from school if he is absent there from all or a significant part of a day without a valid excuse acceptable to the school employee designated by the board of education to have responsibility for the school attendance of such child.

(d) Each board of education shall adopt rules for determination of valid excuse for absence from school and for determination of what shall constitute a “significant part of a day" for the purpose of this section.

(e) Each board of education shall designate one or more employees, who shall each be responsible for determining the acceptability and validity of offered excuses for absence of specified children, such that such a designee is responsible for making such determination for each child enrolled in school. (f) As used in this section "board of education" means the board of education of a school district or the governing authority of a nonpublic school. The provisions of this act shall apply to both public and nonpublic schools.

Special Education

Special Education (ch. 72) (art 9).

HOUSE BILL No. 1672 (1974 Session)-An Act concerning special education; amending K.S.A. 1973 Supp. 72-933 and repealing the existing section; also repealing K.S.A. 72-923 to 72-932, inclusive, 72-935 to 72-951, inclusive, 72-953 to 72-960, inclusive, and K.S.A. 1973 Supp. 72-952.

NEW SEC. 1. This act shall be known and may be cited as the "special education for exceptional children act." It is the purpose and intention of this act to provide for educational opportunities which will contribute to the development of each exceptional child in this state in accord with his abilities and capacities.

NEW SEC. 2. As used in this act, unless the context otherwise requires: (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 the following institutions: Topeka state hospital, Osawatomie state hospital, Larned state hospital, Parsons state hospital and training center, Norton state hospital, southeast Kansas tuberculosis hospital, Winfield state hospital and training center, the youth center at Atchison, Kansas neurological institute, the youth center at Topeka, the youth center at Beloit, Kansas state school for the deaf and Kansas state school for the visually handicapped.

(f) "Exceptional children" means persons who: (1) Are school age, to be determined in accordance with rules and regulations which shall be adopted by the state board and said school age may differ from the ages of children required to attend school under the provisions of K.S.A. 72-1111; and (2) differ in physical, mental, social, emotional or educational characteristics to the extent that special education services are necessary to enable them to progress toward the maximum of their abilities or capacities.

(g) "Special education services" means programs for which specialized training, instruction, programming techniques, facilities and equipment may be needed for the education of exceptional children.

(h) "Special teacher" means a person employed by a school district for special education services who is: (1) A teacher qualified to instruct exceptional children as determined by standards established by the state board and who is so certified by the state board; or (2) a paraprofessional qualified to assist certificated teachers in the instruction of exceptional children as determined by standards established by the state board and who is so approved by the state board.

(i) "State plan" means the state plan for special education services authorized by this act. ***

NEW SEC. 8. (a) Each board, in order to comply with the requirements of K.S.A. 1973 Supp. 72-933 and section 6 of this act shall have the authority to: (1) Establish and organize approvable special education services for exceptional children within its schools.

(2) Provide for approvable special education services in the home, hospital or other facility.

(3) Contract with any school district for special education services. Before entering into any such contract, the special education services to be provided by such school district, and the contract therefor, shall be approved by the state board, which approval shall be granted if the special education services provided for in such contract meet standards and criteria set by the state board in accordance with the state plan. Any such contract may provide for the payment of tuition by the contracting school district.

(4) Enter into cooperative agreements with one or more other school districts for special education services, if such agreements are approved as provided by this act.

(5) Contract with any accredited private nonprofit corporation or any public or private institution within or without the state which has proper special education services for exceptional children. Prior to the time any school district enters into a contract with any private nonprofit corporation or any public or private institution for the education of any exceptional child the curriculum provided by such corporation or institution and the contract shall be approved by the state board. Whenever an exceptional child is educated by a private nonprofit corporation or a public or private institution under the provisions of this paragraph, such child shall be considered a pupil of the school district contracting for such education hereunder to the same extent as other pupils of such school district for the purpose of determining entitlements and participation in all state, county and other financial assistance or payments to such school district.

(6) Provide transportation for exceptional children, whether such children are residents or nonresidents of such school district, to and from special education services attended. 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 services attended are located.

(b) Special education services which are provided by school districts for exceptional children shall meet standards and criteria set by the state board in accordance with the state plan 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. *** Curriculum

Automobiles and Other Motor Vehicles (ch. 8).
Drivers' License Act (art. 2).

HOUSE BILL NO. 1782 (1974 Session)-An Act concerning distribution of the state safety fund; amending K.S.A. 1973 Supp. 8-272 and repealing the existing section.

SEC. 1. K.S.A. 1973 Supp. 8-272 is hereby amended to read as follows: 8-272. Any school accredited by the state board of education conducting an