Kansas committee reviews special education legal requirements, funding formulas and new distribution for supplemental aid

Members of the Committee on K‑12 Education Budget heard a legal and budget briefing on special education law and state funding on an item that combined an overview of the Individuals with Disabilities Education Act and Kansas law with a detailed explanation of how state special education aid is calculated and distributed.

Nick Myers of the Office of the Revisor of Statutes told the committee that “the Individuals with Disabilities Education Act, I’m going to refer to it as the IDEA, requires that all children including children who have disabilities have a right to a free appropriate public education,” and described key federal requirements such as child find, individualized education programs (IEPs) and provision of services in the least restrictive environment. Myers also cited other federal authorities that prohibit disability discrimination, saying “section 504 … and the Americans with Disabilities Act … both also play a role.”

The memo Myers presented outlined the IDEA’s procedural safeguards, how evaluations are initiated, and the composition and annual review requirements of IEP teams. He noted differences under Kansas law, including that the Kansas Special Education for Exceptional Children Act includes gifted children in the definition of an exceptional child, requires special education due-process hearing officers to be licensed attorneys, and expressly names dyslexia as a qualifying disability.

State funding and distribution

KSDE staff described how Kansas calculates and distributes state special education aid under statute KSA 72‑34‑22. Dr. Harwood summarized the statutory approach: the State Board of Education determines statewide excess costs for special education and, subject to appropriation, state aid is set…