72-3403 Citation of act.
72-3403. Citation of act. This act shall be known and may be cited as the special education for exceptional children act. History: L. 1974, ch. 290, § 1; L. 1979, ch. 219, § 1; L. 1999, ch. 116, § 1; July 1.
72-3404 Definitions.
72-3404. Definitions. 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 […]
72-3405 Administration by state board; rules and regulations; state plan; participation in pilot programs.
72-3405. Administration by state board; rules and regulations; state plan; participation in pilot programs. (a) The state board shall adopt and administer the state plan. The state board may amend the state plan as necessary. The state plan, and amendments thereto, shall be prepared in consultation with the state advisory council for special education provided […]
72-3406 Dispute resolution procedures; hearing officers and mediators, education and training, list.
72-3406. Dispute resolution procedures; hearing officers and mediators, education and training, list. The state board shall: (a) Establish procedures, which shall be utilized by each agency, to allow parties to disputes involving any matter described in subsection (b)(4) of K.S.A. 72-3430, and amendments thereto, or in K.S.A. 72-3434, and amendments thereto, to resolve such disputes […]
72-3407 Education advocates, appointment and qualification; training programs.
72-3407. Education advocates, appointment and qualification; training programs. (a) The state board, in consultation with the state advisory council for special education, shall: (1) Prescribe guidelines for the selection of persons for appointment as education advocates and for the exercise of their authorized powers, duties and functions; (2) establish standards and criteria for qualification of […]
72-3408 State advisory council for special education; composition; duties; expenses; meetings.
72-3408. State advisory council for special education; composition; duties; expenses; meetings. (a) There is established a state advisory council for special education which shall consist of not more than 21 members. Members of the advisory council shall be appointed by the state board of education, and shall serve for a term of three years. No […]
72-3409 State and federal funds; distribution and allocation; payments; grants and contributions; early intervening services; unencumbered balance in fund.
72-3409. State and federal funds; distribution and allocation; payments; grants and contributions; early intervening services; unencumbered balance in fund. (a) The state board shall be responsible for the distribution and allocation of state and federal funds for special education. Such moneys shall be expended only in accordance with and for the purposes specified in federal […]
72-3410 Duties of boards of education in meeting requirements of law; responsibilities of state board of education and other state agencies; interagency agreements; dispute resolution.
72-3410. Duties of boards of education in meeting requirements of law; responsibilities of state board of education and other state agencies; interagency agreements; dispute resolution. (a) (1) Each board shall adopt and implement procedures to assure that all exceptional children residing in the school district, including homeless children, foster care children and children enrolled in […]
72-3411 Methods of compliance with requirements of act; powers and duties of boards of education.
72-3411. Methods of compliance with requirements of act; powers and duties of boards of education. (a) Each board, in order to comply with the requirements of this act shall have the authority to: (1) Provide appropriate special education and related services for exceptional children within its schools. (2) Provide for appropriate special education and related […]
72-3412 Cooperative agreements; requirements and conditions; duration; partial or complete termination; change or modification.
72-3412. Cooperative agreements; requirements and conditions; duration; partial or complete termination; change or modification. (a) The boards of any two or more school districts within or outside the state may make and enter into agreements providing for cooperative operation and administration in providing special education and related services for exceptional children on a shared-cost basis, […]
72-3413 State institutions required to provide special education and related services; standards and criteria; contracts authorized; correctional institutions, certain exemptions.
72-3413. State institutions required to provide special education and related services; standards and criteria; contracts authorized; correctional institutions, certain exemptions. (a) Except as otherwise provided in subsection (b), every state institution shall provide special education and related services for exceptional children housed and maintained in the state institution and such services shall meet standards and […]
72-3414 Reports by state board; furnishing of data by districts and state agencies.
72-3414. Reports by state board; furnishing of data by districts and state agencies. (a) The state board shall prepare and file such reports as are required by the federal law or this act. (b) School districts and state agencies having data needed by the state board to complete required reports shall furnish such data, as […]
72-3415 Due process hearing, initiation of; complaint notice; response to notice.
72-3415. Due process hearing, initiation of; complaint notice; response to notice. (a) (1) Subject to the requirements in this section, the parent of an exceptional child or the agency responsible for providing services to the child may initiate a due process hearing regarding any problem arising in regard to any matter governed by this act, […]
72-3416 Due process meeting; due process requirements; time limitations; access to records; hearing officers.
72-3416. Due process meeting; due process requirements; time limitations; access to records; hearing officers. (a) (1) Except as hereinafter provided, within 15 days of receipt of a due process complaint notice from a parent, the agency shall convene a meeting with the parent and the member or members of the IEP team who have specific […]
72-3417 Same; list and appointment of hearing officers; procedure.
72-3417. Same; list and appointment of hearing officers; procedure. Prior to appointing any hearing officer to conduct a due process hearing provided for under this act, the agency shall make its list of hearing officers available to the parent of the involved child and shall inform the parent of the right to request disqualification of […]
72-3418 Appeal and review; procedure; review officers, appointment and duties; federal court actions.
72-3418. Appeal and review; procedure; review officers, appointment and duties; federal court actions. (a) Written notice of the result of any hearing provided for under this act shall be given to the agency providing for the hearing and shall be sent by certified mail to the parent, or attorney of the child within 24 hours […]
72-3419 Administration of oaths; issuance of subpoenas; extension of time; costs; hearing for additional evidence.
72-3419. Administration of oaths; issuance of subpoenas; extension of time; costs; hearing for additional evidence. (a) Any person conducting a hearing or review under this act may administer oaths for the purpose of taking testimony therein. (b) Any person conducting a hearing or review under this act or any party to any such hearing or […]
72-3420 Requirements for education of children with disabilities in regular classes, exception; admission to state institutions.
72-3420. Requirements for education of children with disabilities in regular classes, exception; admission to state institutions. (a) Each school district shall be required, to the maximum extent appropriate, to educate children with disabilities with children who are not disabled, and to provide special classes, separate schooling or for the removal of children with disabilities from […]
72-3421 Compulsory attendance of exceptional children at school for receipt of services; provision of services privately; nonapplicability to gifted children.
72-3421. Compulsory attendance of exceptional children at school for receipt of services; provision of services privately; nonapplicability to gifted children. (a) Except as otherwise provided in this section, it shall be the duty of the parent of each exceptional child to require such child to attend school to receive the special education and related services […]
72-3422 Special education state aid; computation of amounts; apportionment; limitations; special education fund.
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 […]