Kansas Statutes 72-3409. State and federal funds; distribution and allocation; payments; grants and contributions; early intervening services; unencumbered balance in fund
Terms Used In Kansas Statutes 72-3409
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Board: means the board of education of any school district. See Kansas Statutes 72-3404
- Department: means the state department of education. See Kansas Statutes 72-3404
- Federal law: means the individuals with disabilities education act, as amended. See Kansas Statutes 72-3404
- Property: includes personal and real property. See Kansas Statutes 77-201
- 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. See Kansas Statutes 72-3404
- School district: means any public school district. See Kansas Statutes 72-3404
- 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. See Kansas Statutes 72-3404
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- State board: means the state board of education. See Kansas Statutes 72-3404
(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 or state law. Payments under this act may be made in installments and in advance or by way of reimbursement, with necessary adjustments for overpayments or underpayments. Federal funds for special education shall be deposited in the state treasury.
(b) The state board is hereby authorized to accept from an individual or individuals, the United States government or any of its agencies or any other public or private body, grants or contributions of money, funds or property which the state board may authorize to be used in accordance with appropriation acts, for or in aid of special education or related services or any of the purposes authorized by the federal law or this act.
(c) (1) Each board may use up to 15% of the amount it receives each year under the federal law to develop and implement coordinated, early intervening services for students in kindergarten through grade 12, with a particular emphasis on students in kindergarten through grade three, who have not been identified as needing special education or related services but who appear to need additional academic and behavioral support to succeed in a general education environment.
(2) In implementing coordinated, early intervening services under this subsection, a board may carry out activities that include:
(A) Providing professional development for teachers and other school staff to enable such personnel to deliver scientifically based academic instruction and behavioral interventions, including scientifically based literacy instruction and, where appropriate, instruction on the use of adaptive and instructional software; and
(B) providing educational and behavioral evaluations, services and supports, including scientifically based literacy instruction.
(3) Each board that develops and maintains coordinated, early intervening services under this subsection shall annually report to the department:
(A) The number of students served under this subsection; and
(B) the number of students served under this subsection who subsequently receive special education and related services under this title during the two-year period preceding each report.
(d) Except for moneys received under Kan. Stat. Ann. § 72-3422, and amendments thereto, from cooperative agreements entered into under Kan. Stat. Ann. § 72-3412, and amendments thereto, any unencumbered balance of moneys attributable to appropriations by the legislature for special education or related services remaining in the special education fund of a school district on June 30 of the current school year, may be expended in the school year that immediately succeeds such date by the school district for general operating expenses of the school district as approved by the board of education in an amount not to exceed 1/3 of the unencumbered balance of the school district’s special education fund.