72-966.Duties of boards of education in meetingrequirements of law; responsibilities of state board of education and otherstate agencies; interagency agreements; dispute resolution.(a) (1) Each boardshalladopt and implement procedures to assure that all exceptional childrenresiding in the schooldistrict, including homeless children, foster care children and childrenenrolled in private schools, who are in need ofspecial education andrelated services, are identified, located and evaluated.
(2) Each board shall provide a free appropriate public education forexceptional childrenenrolled in the school district and for children with disabilities who areplaced in a private schoolor facility by the school district as the means of carrying out the board'sobligation to provide afree appropriate public education under this act and for children withdisabilities who have been suspended for an extended term or expelled fromschool.
(3) Each board shall provide exceptional children who are enrolled by theirparents in private schools with special education and related services inaccordance with state law and federal law.
(b) Ifan exceptional child, upon referral by a person licensed to practicemedicine and surgery, is admitted to a hospital, treatment center, or otherhealth care institution, or to a group boarding home or other care facility,and the institution or facility is located outside the school district in whichthe child resides, the district in which the institution or facility is locatedmay contract with the district in which a parent ofthe child resides to provide special education or related services, ifsuchservices are necessary for the child.Special education and related services required by this subsectionmaybe provided pursuant to a contractentered into between the board of the school district ofwhich thechild is a resident and the board of the school district inwhichthe child is housed. Any such contractshall be subject to the provisions ofsubsections (a)(3) and (c) of K.S.A.72-967, and amendments thereto. If a contract is not entered into between the school districts, the childshall be deemed to be a pupil of the school district which is providing specialeducation and related services to the child.Nothing in this subsection shall be construed to limit or supersede or in anymanner affect or diminish the requirements of compliance by each schooldistrict with the provisions of subsection (a), but shall operate as a comityof school districtsin assuring the provision of special education services for each exceptionalchild in the state.
(c) (1) Special education and related services required bythis section shallmeetstandardsandcriteria set by the state board.
(2) The state boardshall be responsible for assuring that the requirements of the federal lawandthis act are met andthat all educational programs for exceptional children, including programsadministered by anyother state agency: (A) Are under the general supervision of individuals whoare responsible foreducational programs for exceptional children; and (B) meet the educationalstandards prescribedby the state board.
(3) Provision (2) of this subsection shall not limit the responsibility ofany other stateagency to provide, or pay for some or all of the costs of, a free appropriatepublic education foran exceptional child.
(d) Consistent with state and federal law, state agencies shall enter intosuch interagencyagreements as are necessary or advisable in making a free appropriate publiceducation availableto all exceptional children residing in the state. The state board shallestablish procedures forresolving interagency disputes, including procedures under which localeducational agencies mayinitiate proceedings to secure reimbursement or otherwise implement or seekenforcement of theprovisions of the interagency agreement.
(e) Each school board and state agency is prohibited from requiring anychild to obtain a prescription for a substance covered by the federalcontrolled substances act, 21 U.S.C. 801 et seq., as a condition forthe childto attend school or be evaluated or receive special education services underthis act.
History: L. 1974, ch. 290, § 6; L. 1979, ch. 219, § 3; L. 1991,ch. 218, § 2;L. 1992, ch. 199, § 1;L. 1999, ch. 116, § 8;L. 2005, ch. 171, § 6; July 1.
72-966.Duties of boards of education in meetingrequirements of law; responsibilities of state board of education and otherstate agencies; interagency agreements; dispute resolution.(a) (1) Each boardshalladopt and implement procedures to assure that all exceptional childrenresiding in the schooldistrict, including homeless children, foster care children and childrenenrolled in private schools, who are in need ofspecial education andrelated services, are identified, located and evaluated.
(2) Each board shall provide a free appropriate public education forexceptional childrenenrolled in the school district and for children with disabilities who areplaced in a private schoolor facility by the school district as the means of carrying out the board'sobligation to provide afree appropriate public education under this act and for children withdisabilities who have been suspended for an extended term or expelled fromschool.
(3) Each board shall provide exceptional children who are enrolled by theirparents in private schools with special education and related services inaccordance with state law and federal law.
(b) Ifan exceptional child, upon referral by a person licensed to practicemedicine and surgery, is admitted to a hospital, treatment center, or otherhealth care institution, or to a group boarding home or other care facility,and the institution or facility is located outside the school district in whichthe child resides, the district in which the institution or facility is locatedmay contract with the district in which a parent ofthe child resides to provide special education or related services, ifsuchservices are necessary for the child.Special education and related services required by this subsectionmaybe provided pursuant to a contractentered into between the board of the school district ofwhich thechild is a resident and the board of the school district inwhichthe child is housed. Any such contractshall be subject to the provisions ofsubsections (a)(3) and (c) of K.S.A.72-967, and amendments thereto. If a contract is not entered into between the school districts, the childshall be deemed to be a pupil of the school district which is providing specialeducation and related services to the child.Nothing in this subsection shall be construed to limit or supersede or in anymanner affect or diminish the requirements of compliance by each schooldistrict with the provisions of subsection (a), but shall operate as a comityof school districtsin assuring the provision of special education services for each exceptionalchild in the state.
(c) (1) Special education and related services required bythis section shallmeetstandardsandcriteria set by the state board.
(2) The state boardshall be responsible for assuring that the requirements of the federal lawandthis act are met andthat all educational programs for exceptional children, including programsadministered by anyother state agency: (A) Are under the general supervision of individuals whoare responsible foreducational programs for exceptional children; and (B) meet the educationalstandards prescribedby the state board.
(3) Provision (2) of this subsection shall not limit the responsibility ofany other stateagency to provide, or pay for some or all of the costs of, a free appropriatepublic education foran exceptional child.
(d) Consistent with state and federal law, state agencies shall enter intosuch interagencyagreements as are necessary or advisable in making a free appropriate publiceducation availableto all exceptional children residing in the state. The state board shallestablish procedures forresolving interagency disputes, including procedures under which localeducational agencies mayinitiate proceedings to secure reimbursement or otherwise implement or seekenforcement of theprovisions of the interagency agreement.
(e) Each school board and state agency is prohibited from requiring anychild to obtain a prescription for a substance covered by the federalcontrolled substances act, 21 U.S.C. 801 et seq., as a condition forthe childto attend school or be evaluated or receive special education services underthis act.
History: L. 1974, ch. 290, § 6; L. 1979, ch. 219, § 3; L. 1991,ch. 218, § 2;L. 1992, ch. 199, § 1;L. 1999, ch. 116, § 8;L. 2005, ch. 171, § 6; July 1.
72-966.Duties of boards of education in meetingrequirements of law; responsibilities of state board of education and otherstate agencies; interagency agreements; dispute resolution.(a) (1) Each boardshalladopt and implement procedures to assure that all exceptional childrenresiding in the schooldistrict, including homeless children, foster care children and childrenenrolled in private schools, who are in need ofspecial education andrelated services, are identified, located and evaluated.
(2) Each board shall provide a free appropriate public education forexceptional childrenenrolled in the school district and for children with disabilities who areplaced in a private schoolor facility by the school district as the means of carrying out the board'sobligation to provide afree appropriate public education under this act and for children withdisabilities who have been suspended for an extended term or expelled fromschool.
(3) Each board shall provide exceptional children who are enrolled by theirparents in private schools with special education and related services inaccordance with state law and federal law.
(b) Ifan exceptional child, upon referral by a person licensed to practicemedicine and surgery, is admitted to a hospital, treatment center, or otherhealth care institution, or to a group boarding home or other care facility,and the institution or facility is located outside the school district in whichthe child resides, the district in which the institution or facility is locatedmay contract with the district in which a parent ofthe child resides to provide special education or related services, ifsuchservices are necessary for the child.Special education and related services required by this subsectionmaybe provided pursuant to a contractentered into between the board of the school district ofwhich thechild is a resident and the board of the school district inwhichthe child is housed. Any such contractshall be subject to the provisions ofsubsections (a)(3) and (c) of K.S.A.72-967, and amendments thereto. If a contract is not entered into between the school districts, the childshall be deemed to be a pupil of the school district which is providing specialeducation and related services to the child.Nothing in this subsection shall be construed to limit or supersede or in anymanner affect or diminish the requirements of compliance by each schooldistrict with the provisions of subsection (a), but shall operate as a comityof school districtsin assuring the provision of special education services for each exceptionalchild in the state.
(c) (1) Special education and related services required bythis section shallmeetstandardsandcriteria set by the state board.
(2) The state boardshall be responsible for assuring that the requirements of the federal lawandthis act are met andthat all educational programs for exceptional children, including programsadministered by anyother state agency: (A) Are under the general supervision of individuals whoare responsible foreducational programs for exceptional children; and (B) meet the educationalstandards prescribedby the state board.
(3) Provision (2) of this subsection shall not limit the responsibility ofany other stateagency to provide, or pay for some or all of the costs of, a free appropriatepublic education foran exceptional child.
(d) Consistent with state and federal law, state agencies shall enter intosuch interagencyagreements as are necessary or advisable in making a free appropriate publiceducation availableto all exceptional children residing in the state. The state board shallestablish procedures forresolving interagency disputes, including procedures under which localeducational agencies mayinitiate proceedings to secure reimbursement or otherwise implement or seekenforcement of theprovisions of the interagency agreement.
(e) Each school board and state agency is prohibited from requiring anychild to obtain a prescription for a substance covered by the federalcontrolled substances act, 21 U.S.C. 801 et seq., as a condition forthe childto attend school or be evaluated or receive special education services underthis act.
History: L. 1974, ch. 290, § 6; L. 1979, ch. 219, § 3; L. 1991,ch. 218, § 2;L. 1992, ch. 199, § 1;L. 1999, ch. 116, § 8;L. 2005, ch. 171, § 6; July 1.
