Kansas Statutes
Article 34 - Special Education
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 review may request the clerk of the district court to issue subpoenas for the attendance and testimony of witnesses and the production of all relevant records, tests, reports and evaluations in the same manner provided for the issuance of subpoenas in civil actions pursuant to K.S.A. 60-245, and amendments thereto.
(c) Any person conducting a hearing or review under this act, at the request of either party, may grant specific extensions of time beyond the limitations specified in this act.
(d) Any person conducting a hearing under this act shall consider any request for discovery in accordance with the provisions of K.S.A. 77-522, and amendments thereto, except that depositions of witnesses who will be available for the hearing shall not be allowed.
(e) Every hearing and review under this act shall be provided for at no cost to the child or the parent of the child. The costs of any hearing provided for by a board shall be paid by the school district.
(f) Any review officer conducting a review under this act may hold a hearing to receive additional evidence. Every such hearing shall be conducted in accordance with requirements which are consonant with the requirements of this act.

History: L. 1974, ch. 290, § 16; L. 1974, ch. 291, § 2; L. 1977, ch. 241, § 4; L. 1978, ch. 286, § 4; L. 1980, ch. 216, § 5; L. 1982, ch. 292, § 3; L. 1999, ch. 116, § 23; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 72 - Schools

Article 34 - Special Education

72-3403 Citation of act.

72-3404 Definitions.

72-3405 Administration by state board; rules and regulations; state plan; participation in pilot programs.

72-3406 Dispute resolution procedures; hearing officers and mediators, education and training, list.

72-3407 Education advocates, appointment and qualification; training programs.

72-3408 State advisory council for special education; composition; duties; expenses; meetings.

72-3409 State and federal funds; distribution and allocation; payments; grants and contributions; early intervening services; unencumbered balance in fund.

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.

72-3411 Methods of compliance with requirements of act; powers and duties of boards of education.

72-3412 Cooperative agreements; requirements and conditions; duration; partial or complete termination; change or modification.

72-3413 State institutions required to provide special education and related services; standards and criteria; contracts authorized; correctional institutions, certain exemptions.

72-3414 Reports by state board; furnishing of data by districts and state agencies.

72-3415 Due process hearing, initiation of; complaint notice; response to notice.

72-3416 Due process meeting; due process requirements; time limitations; access to records; hearing officers.

72-3417 Same; list and appointment of hearing officers; procedure.

72-3418 Appeal and review; procedure; review officers, appointment and duties; federal court actions.

72-3419 Administration of oaths; issuance of subpoenas; extension of time; costs; hearing for additional evidence.

72-3420 Requirements for education of children with disabilities in regular classes, exception; admission to state institutions.

72-3421 Compulsory attendance of exceptional children at school for receipt of services; provision of services privately; nonapplicability to gifted children.

72-3422 Special education state aid; computation of amounts; apportionment; limitations; special education fund.

72-3423 Manner of payments determined by state board; disposition; overpayments; underpayments; forms; reports.

72-3424 Technical advice and assistance by state department; recommendations.

72-3425 Catastrophic state aid; computation of amounts; apportionment; limitations.

72-3426 Performance goals and indicators for children with disabilities; reports to U.S. department of education; state improvement plan.

72-3427 Assessment programs; participation by children with disabilities; reports to public.

72-3428 Initial evaluation of children prior to provision of services; parental consent; reevaluation; notice; procedure; duties of IEP team; child no longer eligible for services, duties.

72-3429 Individualized education program or family service plan; contents; development; duties of IEP team; IEP meetings; postsecondary goals; transfer of child during school year.

72-3430 Parental rights.

72-3431 Rights of child with disability upon reaching 18 years of age.

72-3432 Notice of parental rights; contents.

72-3433 Change in placement of child with disability to alternative setting as disciplinary action for certain behavior; duties of IEP team and hearing officer; behavioral assessment and intervention plan; determination and review procedure.

72-3434 Same; parental disagreement with determination; due process hearing and review.

72-3435 Same; placement of child during pendency of due process proceedings.

72-3436 School district knowledge that child is child with disability prior to determination, when deemed; subjection of child to disciplinary action, when; evaluation and placement of child.

72-3437 Crimes committed by child with disability, reports to law enforcement and judicial authorities; transmittal of special education and disciplinary records.

72-3438 Dispute resolution through mediation; procedures; list of mediators; costs; time and location; agreements; confidentiality.

72-3439 Transfer of records of an exceptional child when child changes school.

72-3440 Medicaid replacement state aid; computation of amount; limitation.

72-3441 Special education funding task force; membership; duties.

72-3461 Special education services for exceptional children enrolled in private schools; definitions.

72-3462 Same; conditions for provision; location; transportation.

72-3463 Same; provision in connection with religious activity prohibited.

72-3471 Instruction in Braille; definitions.

72-3472 Same; providing instruction to all students.

72-3473 Same; individualized education plan.

72-3474 Same; certification of teachers; assessment procedures.

72-3481 Program for education of deaf-blind or otherwise severely handicapped children by state department; expenditures; definitions.