Kansas Statutes 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 private schools, who are in need of special education and related services, are identified, located and evaluated.
(2) Each board shall provide a free appropriate public education for exceptional children enrolled in the school district and for children with disabilities who are placed in a private school or facility by the school district as the means of carrying out the board’s obligation to provide a free appropriate public education under this act and for children with disabilities who have been suspended for an extended term or expelled from school.
Terms Used In Kansas Statutes 72-3410
- Agency: means boards and the state agencies. See Kansas Statutes 72-3404
- Board: means the board of education of any school district. See Kansas Statutes 72-3404
- Children with disabilities: means children who:
(1) Have an intellectual disability, hearing loss including deafness, speech or language disorders, visual impairments including blindness, emotional disability, orthopedic impairments, autism, dyslexia, traumatic brain injury, other health impairments, or specific learning disabilities and who, by reason thereof, need special education and related services; and
(2) are experiencing one or more developmental delays and, by reason thereof, need special education and related services if such children are ages three through nine. See Kansas Statutes 72-3404
- Contract: A legal written agreement that becomes binding when signed.
- Exceptional children: means persons who are children with disabilities or gifted children and are school age, to be determined in accordance with rules and regulations adopted by the state board, whose age may differ from the ages of children required to attend school under the provisions of Kan. See Kansas Statutes 72-3404
- Federal law: means the individuals with disabilities education act, as amended. See Kansas Statutes 72-3404
- Free appropriate public education: means special education and related services that:
(1) Are provided at public expense, under public supervision and direction, and without charge;
(2) meet the standards of the state board;
(3) include an appropriate preschool, elementary or secondary school education; and
(4) are provided in conformity with an individualized education program. See Kansas Statutes 72-3404
- Homeless children: means "homeless children and youths" as defined in the federal McKinney-Vento homeless assistance act, 42 U. See Kansas Statutes 72-3404
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Parent: means :
(1) A natural parent;
(2) an adoptive parent;
(3) a person acting as parent;
(4) a legal guardian;
(5) an education advocate; or
(6) a foster parent, if the foster parent has been appointed the education advocate of an exceptional child. See Kansas Statutes 72-3404
- 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 agency: means the Kansas department for children and families, the Kansas department for aging and disability services, the department of corrections and the juvenile justice authority. See Kansas Statutes 72-3404
- State board: means the state board of education. See Kansas Statutes 72-3404
(3) Each board shall provide exceptional children who are enrolled by their parents in private schools with special education and related services in accordance with state law and federal law.
(b) If an exceptional child, upon referral by a person licensed to practice medicine and surgery, is admitted to a hospital, treatment center, or other health care institution, or to a group boarding home or other care facility, and the institution or facility is located outside the school district in which the child resides, the district in which the institution or facility is located may contract with the district in which a parent of the child resides to provide special education or related services, if such services are necessary for the child. Special education and related services required by this subsection may be provided pursuant to a contract entered into between the board of the school district of which the child is a resident and the board of the school district in which the child is housed. Any such contract shall be subject to the provisions of subsections (a)(3) and (c) of Kan. Stat. Ann. § 72-3411, and amendments thereto. If a contract is not entered into between the school districts, the child shall be deemed to be a pupil of the school district which is providing special education and related services to the child. Nothing in this subsection shall be construed to limit or supersede or in any manner affect or diminish the requirements of compliance by each school district with the provisions of subsection (a), but shall operate as a comity of school districts in assuring the provision of special education services for each exceptional child in the state.
(c) (1) Special education and related services required by this section shall meet standards and criteria set by the state board.
(2) The state board shall be responsible for assuring that the requirements of the federal law and this act are met and that all educational programs for exceptional children, including programs administered by any other state agency: (A) Are under the general supervision of individuals who are responsible for educational programs for exceptional children; and (B) meet the educational standards prescribed by the state board.
(3) Provision (2) of this subsection shall not limit the responsibility of any other state agency to provide, or pay for some or all of the costs of, a free appropriate public education for an exceptional child.
(d) Consistent with state and federal law, state agencies shall enter into such interagency agreements as are necessary or advisable in making a free appropriate public education available to all exceptional children residing in the state. The state board shall establish procedures for resolving interagency disputes, including procedures under which local educational agencies may initiate proceedings to secure reimbursement or otherwise implement or seek enforcement of the provisions of the interagency agreement.
(e) Each school board and state agency is prohibited from requiring any child to obtain a prescription for a substance covered by the federal controlled substances act, 21 U.S.C. § 801 et seq., as a condition for the child to attend school or be evaluated or receive special education services under this act.