SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE SUBSTITUTE FOR
SENATE BILL NO. 113
As Recommended by House Committee on
K-12 Education Budget

Brief*
House Sub. for SB 113 would make appropriations for
the Kansas State Department of Education (KSDE) for FY
2023, FY 2024 and FY 2025; make adjustments to the
Kansas School Equity and Enhancement Act (KSEEA); and
amend various provisions of law related to K-12 education.
The bill would also codify the Mental Health Intervention
Team program, extend the 20 mill exemption for two years,
and allow school districts to utilize current year student
enrollment in the calculation of State Foundation Aid.

Appropriations for FY 2023, FY 2024, and FY 2025
(Sections 1 – 3)
FY 2023
For KSDE, the bill would:
● Appropriate $11.4 million from the State General
Fund (SGF) for Kansas Public Employees
Retirement (KPERS) school employer contributions
of Unified School Districts (USDs);
● Delete $6.5 million SGF from the KPERS
non-USDs account; and
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 ● Delete $76.3 million from State Foundation Aid.
FY 2024
For KSDE, the bill would appropriate $6.4 billion,
including $4.2 billion SGF. This amount includes $5.3 billion,
including $4.2 billion SGF, for the major categories of school
finance, KPERS-USDs, and KPERS non-USDs.
Appropriations from the SGF would include the
following:
● $14.8 million for operating expenditures;
● $101.4 million for State Foundation Aid;
● $80,000 for the Center for READing;
● $32.0 million for KPERS non-USDs;
● $537.4 million for KPERS-USDs;
● $2.8 million for the ACT and WorkKeys
Assessments Program;
● $13.5 million for the Mental Health Intervention
Team Pilot Program;
● $1.5 million for Career and Technical Education
Transportation;
● $300,000 for the Juvenile Transitional Crisis Center
Pilot program;
● $67,700 for Education Commission of the States
dues;
● $10,000 for the School Safety Hotline;
● $5.0 million for School Safety and Security Grants;

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 ● $5.1 million for the School District Juvenile
Detention Facilities and Flint Hills Job Corps
Center Grants;
● $2.5 million for School Food Assistance;
● $1.3 million for the Mentor Teacher Program;
● $110,000 for Educable Deaf-blind and Severely
Handicapped Children’s Programs Aid;
● $360,693 for Governor’s Teaching Excellence
Scholarships and Awards;
● $2.4 million for Supplemental State Aid;
● $1.8 million for Professional Development State
Aid;
● $1.0 million for Computer Science Education
Advancement Grants; and
● $40,000 for the Computer Technical Education
Pilot;
The bill would allow school districts to expend School
Safety and Security Grants for acquisition of communication
devices and equipment necessary for effective
communication between law enforcement, security services,
and school, in addition to existing allowable purposes.
The bill would also appropriate funding from several no-
limit special revenue funds, including federal funds, and fee
funds. The bill would appropriate the following from the
Children’s Initiatives Fund (CIF):
● $375,000 for the Children’s Cabinet Accountability
Fund;
● $23.7 million for CIF grants;

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● $8.4 million for the Parent Education Program, also
known as Parents as Teachers;
● $4.2 million for the Pre-K Pilot Program;
● $1.4 million for Early Childhood Infrastructure; and
● $1.5 million for the Dolly Parton Imagination
Library.
The bill would provide for the following transfers:
● $50,000 on July 1, 2024, or as soon as moneys are
available, from the Family and Children Trust
Account of the Family and Children Investment
Fund of KSDE to the Communities in Schools
Program Fund of KSDE;
● $550,000 on March 30, 2024, and $550,000 on
June 30, 2024, from the State Safety Fund to the
SGF to reimburse costs associated with services
provided by other state agencies on behalf of
KSDE;
● $81,250, quarterly, from the State Highway Fund of
the Department of Transportation to the School
Bus Safety Fund of KSDE;
● An amount certified by the Commissioner of
Education from the Motorcycle Safety Fund of
KSDE to the Motorcycle Safety Fund of the State
Board of Regents, to cover costs of driver’s license
programs conducted by community colleges; and
● $70,000 from the Universal Service Administrative
Company E-rate Program Federal Fund of the
State Board of Regents to the Education
Technology Coordinator Fund of KSDE.


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 The bill would appropriate $268,534 from the Kansas
Endowment for Youth Fund for the Children’s Cabinet
administration.
The bill would also authorize the Commissioner of
Education to transfer any part of an SGF appropriation for
KSDE to another SGF appropriation for KSDE for FY 2024.
The bill would appropriate $43.8 million from the
Expanded Lottery Act Revenues Fund for KPERS non-USDs.
FY 2025
For KSDE, the bill would appropriate the following from
the SGF:
● $2.8 billion for State Foundation Aid,
● $602.2 million for Supplemental State Aid, and
● $592.7 million for Special Education State Aid. The
bill also authorizes expenditures from the State
School District Finance Fund and the Mineral
Production Education Fund.
Mental Health Intervention Team Program Act
(Sections 4 – 8)
The bill would establish the Mental Health Intervention
Team Program Act (MHIT Act). Under the act, school district
boards could apply to KSDE to establish and maintain a
MHIT program with a specified community mental health
center to provide school-based services to students who
need assistance during the applicable school year. The bill
would require the MHIT to include a combination of one or
more behavioral health liaisons employed by the school
district and one or more case managers and clinical
therapists employed by the community mental health center.

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Definitions (Section 4)
The bill would define terms in the MHIT Act:
● “Community mental health center” would mean a
center organized pursuant to article 40 of chapter
19 of the Kansas Statutes Annotated, and
amendments thereto, or a mental health clinic
organized pursuant to article 2 of chapter 65 of the
Kansas Statutes Annotated, and amendments
thereto.
● “Liaison” would mean a person who will help
students in need and coordinate services between
the school district, the student, the student’s family,
and the community mental health center. This
person could be employed by the school or the
community mental health center and must have a
bachelor’s degree in any field of study.
Purpose and Focus (Section 5)
The bill would specify that the purposes of the MHIT Act
are to:
● Provide greater access to behavioral health
services for students;
● Link students and their families to the statewide
behavioral health systems and resources within the
network of community mental health centers;
● Alleviate the shortage of school staff with
specialized degrees;
● Reduce the competition for such staff between
school districts and other private and governmental
service providers; and

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 ● Reduce barriers for students accessing mental
health services.
The MHIT program would be required to focus on the
following students:
● Any student who has been adjudicated as a child in
need of care and is in the custody of the Secretary
for Children and Families or has been referred for a
Families First program or family preservation
program; and
● Any other student who is in need of mental health
support services.
Implementation (Section 6)
Each school year, a school board could apply to KSDE
for grant funding to establish or maintain an MHIT. If awarded,
KSDE would be required to grant funding to school districts to
supplement the salary and fringe benefits of a school
behavioral health liaison. Additionally, KSDE would be
required to award a pass-through grant to the district’s
partnering community mental health center that is equal to 33
percent of the MHIT grant. If approved by KSDE, the school
district would be required to enter into a memorandum of
understanding (MOU) with the chosen community mental
health center.
School districts could also choose to not directly employ
the liaison and instead request a waiver from KSDE that
would authorize the community health center to employ the
school liaison.
Staffing (Section 7)
The MHIT would be required to include a combination of
one or more:

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 ● School liaisons who are employed by the school or
the community mental health center;
● Case managers; and
● Clinical therapists.
Funding (Section 8)
The bill would establish in each school district an MHIT
program fund to receive and expend appropriated moneys.
This would include salary and fringe benefits of any school
liaison employed by the school district and the pass-through
grant money for the community mental health center. The
school district would be required to keep separate accounting
records for the school liaison expenditures and the pass-
through grant moneys and report.

Nonpublic School Students Participation in KSHSAA
Activities (Section 9 – 10)
The bill would allow any nonpublic school student to
participate in any activities offered by a school district that are
regulated, supervised, promoted, and developed by the
Kansas State High School Activities Association (KSHSAA),
as long as the student:
● Is a resident of the school district;
● Is enrolled and attending a nonpublic elementary or
secondary school;
● Complies with the requirements of KSA 72-6262,
and amendments thereto; and
● Pays any fees required by the school district for
participation in such activity.


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 The school district board could require a nonpublic
school student who participates in an activity pursuant to this
section to enroll or complete a particular course as a
condition of participation, if such requirement is imposed
upon all other students who participate in such activity. Under
the bill, the Kansas State High School Activities Association
could not prohibit any such student from participating in any
activity available to such student as part of the student’s
primary enrollment and attendance at a nonpublic school.

Parent Portal (Section 11)
The bill would require school districts to create a parent
portal on the school district website and update the
information annually. As an administrative duty, the district
would be required to include the following information to be
posted on the parent portal:
● The number of nonresident student transfers
approved, denied, and whether denial was due to
capacity limitations or district policies;
● A copy of all academic tests, questionnaires,
surveys, or examinations as required by law; and
● A list of the school district’s adopted curriculum,
organized by grade level, including textbooks,
required reading books, and units of study by
theme, chapter, or subject matter. A school district
would only be required to post such information
once per school year, unless the board of
education of the school district makes substantial
changes to the district’s adopted curriculum content
during the school year. The bill would specify that
this would not be construed to require the posting
of teacher lesson plans.


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Compensating School Board Members (Section 12)
The bill would amend KSA 72-1137 to allow school
districts to compensate members of local boards of education
for the work and duties performed by such members.

Amending Nonresident Enrollment (Section 13 – 14)
The bill would amend KSA 72-3123 to permit
nonresident enrollment, beginning in school year 2024-2025,
for students of school district employees and students
experiencing homelessness. The bill would also amend KSA
72-3126 to require school districts to consider the adverse
impact of homelessness on attendance when determining the
district’s capacity to accept nonresident students.

Kansas School Equity and Enhancement Act
Amendments (Section 15)
The bill would amend the Kansas School Equity and
Enhancement Act (KSEEA) to allow a school district to utilize
current school year enrollment numbers for the purpose of
calculating State Foundation Aid for the current fiscal year.
[Note: Under current law, school districts are permitted to
utilize enrollment numbers from one of the two prior school
years for the calculation of State Foundation Aid. An
alternative calculation method is also permitted for school
districts that enroll military students and receive federal
Impact Aid.]
The bill would allow a school district to use enrollment
numbers for all regularly enrolled students from kindergarten
through grade 12 plus the district’s number of enrolled
preschool-aged at-risk students as of September 20 of the
current school year for the purpose of calculating State
Foundation Aid for the current fiscal year.


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Continuing the 20 Mill Statewide Levy for Schools
(Section 16)
The bill would amend KSA 72-5142 to include the 2023-
2024 and 2024-2025 school year and would continue the 20
mill statewide property tax for schools for the school years
2023-2024 and 2024-2025 in order to finance the portion of
the school district’s general fund budget not otherwise funded
by law.

School District Cost of Living Weighting (Section 17)
The bill would reduce the percentage of the statewide
average residential home value required to be eligible for the
cost of living weighting from 125 percent to 115 percent. The
bill would also provide for an increase in the cost of living
weighting cap from 5 percent to 7 percent in the 2023-2024
school year. The bill would provide for ensuing yearly
increases in the cap using the preceding three-year average
of the consumer price index for the urban region as an
inflation increase. [Note: This weighting is funded by a local
mill levy with no impact on the SGF.]

School District Capital Improvements (Section 18)
The bill would also remove language included in 2022
Senate Sub. for HB 2567 that required a transfer of revenue
from the SGF to the School District Capital Improvements
Fund. Starting in FY 2024, the bill would revert the transfer to
a demand transfer in accordance with KSA 72-5462.

Background
The House Committee on K-12 Education Budget
recommended a substitute bill incorporating provisions
regarding appropriations for KSDE and K-12 education
topics.

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 The House Committee added KSDE budget provisions
to:
● Delete $592.7 million SGF and associated
language for the special education state aid for FY
2024. [Note: The state aid is included in House
Sub. for SB 83];
● Delete $1.9 million SGF to not adopt the agency’s
enhancement request for Professional
Development for FY 2024;
● Delete $1.0 million SGF to not adopt the agency’s
enhancement request for the Mentor Teacher
Program for FY 2024;
● Delete $1.3 million from the Children’s Initiatives
Fund to not adopt the agency’s enhancement
request for the Parents as Teachers Program for
FY 2024;
● Remove only the portion of the Safe and Secure
Schools program proviso language relating to
acquisition of naloxone hydrochloride products as
an allowable expenditure in FY 2024;
● Delete $76.7 million SGF and remove the high
density at-risk sunset extension proviso for FY
2025; and
● Delete $72.4 million SGF for special education
state aid for FY 2025.
The House Committee further amended the bill to:
● Insert sections 1, 2, 3, 4, and 5 of HB 2444, as
introduced, to establish in statute the Mental Health
Intervention Team (MHIT) Program;
● Insert sections 1 and 2 of HB 2030, as introduced,
to expand the students eligible to participate in
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 Kansas State