§ 72-3422 — Special education state aid; computation of amounts; apportionment; limitations; special education fund

(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);
(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) 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 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 approved special education or related services bears to the total number of such qualified full-time equivalent special teachers employed by all school districts for approved special education or related services.
(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 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. 2024 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 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 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.

Legislative History

L. 1974, ch. 290, § 19; L. 1976, ch. 307, § 1; L. 1986, ch. 265, § 1; L. 1987, ch. 270, § 1; L. 1992, ch. 280, § 39; L. 1996, ch. 229, § 120; L. 1997, ch. 156, § 84; L. 1999, ch. 116, § 26; L. 2002, ch. 196, § 1; L. 2003, ch. 72, § 3; L. 2005, ch. 152, § 10; L. 2005, ch. 2, § 17 (Special Session); L. 2006, ch. 197, § 7; L. 2010, ch. 4, § 3; L. 2010, ch. 155, § 21; L. 2011, ch. 107, § 3; L. 2012, ch. 155, § 1; L. 2013, ch. 133, § 25; L. 2015, ch. 4, § 28; L. 2017, ch. 95, § 60; L. 2024, ch. 111, § 14; July 1.