Session of 2023
HOUSE BILL No. 2271
By Representative Johnson
2-2
AN ACT concerning education; relating to the enrollment and attendance
of nonresident students in school districts; authorizing any student
whose parent or guardian is employed by a school district to enroll and
attend such school district; exempting any such students from a school
district's open-seat lottery process; amending K.S.A. 72-3123, as
amended by section 16 of chapter 94 of the 2022 Session Laws of
Kansas, and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 72-3123, as amended by section 16 of chapter 94 of
the 2022 Session Laws of Kansas, is hereby amended to read as follows:
72-3123. (a) Beginning in school year 2024-2025, any child of school age
pursuant to K.S.A. 72-3118, and amendments thereto, may attend a school
operated by a school district where such child does not reside if such
school district has open seats as determined pursuant to this section.
(b) The board of education of any school district shall permit
nonresident students to enroll in and attend the schools of the district if
such school district has open seats as determined pursuant to this section.
(c) Each school district shall determine capacity in each school of the
school district for the following school year as follows:
(1) For kindergarten and grades one through eight, the classroom
student-teacher ratio in each grade level; and
(2) for grades nine through 12, the student-teacher ratio for each
school building or program in each school building, including, but not
limited to, advanced placement or international baccalaureate programs.
(d) (1) On or before May 1 of each year, each school board shall
determine for each grade level in each school building of the school
district for the next succeeding school year the:
(A) Capacity as determined pursuant to subsection (c);
(B) number of students expected to attend school in the school
district; and
(C) number of open seats available to nonresident students.
(2) On or before June 1 of each year, each school district shall publish
on such school district's website the number of open seats available to
nonresident students in each grade level for each school building of the
school district for the next succeeding school year.
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(3) From June 1 through June 30, each school district shall accept
applications from nonresident students. Applications shall be on a form
and in a manner determined by the school district.
(4) If the number of applications for a grade level in a school building
is less than the number of available seats for such grade level in such
school building, the nonresident students shall be accepted for enrollment
and attendance at such school district. If the number of applications for a
grade level in a school building is greater than the number of available
seats for such grade level in such school building, the school district shall
randomly select nonresident students using a confidential lottery process.
Such process shall be completed on or before July 15 of each year.
(5) The school district shall provide to the parent or person acting as
parent of a nonresident student who was not accepted for or denied
enrollment at such school district the reason for the nonacceptance or
denial and an explanation of the nonresident student selection process.
(e) (1) Subject to capacity, school districts shall give priority to any
sibling of a nonresident student who was accepted to enroll in and attend
such school district. Priority shall be given when the nonresident student is
first accepted and, if necessary, at any other time the school district
considers transfer applications. Any such sibling shall not be subject to the
open seat lottery.
(2) Any child who is in the custody of the department for children
and families and who is living in the home of a nonresident student who
transfers may attend school in the receiving school district.
(3) Any nonresident student who has a parent or person acting as
parent employed by a school district shall be permitted to enroll in and
attend such school district as if the student is a resident of the school
district. Any such student shall not be subject to the open-seat lottery
established pursuant to subsection (d) when enrolling in and attending the
school district where the parent or person acting as parent is employed.
(f) A school district shall not:
(1) Charge tuition or fees to any nonresident student who transfers to
such school district pursuant to this section except fees that are otherwise
charged to every student enrolled in and attending school in the district; or
(2) accept or deny a nonresident student transfer based on ethnicity,
national origin, gender, income level, disabling condition, proficiency in
the English language, measure of achievement, aptitude or athletic ability.
(g) A nonresident student who has been accepted for enrollment and
attendance at a receiving school district shall be permitted to continue such
enrollment and attendance in such school district until such student
graduates from high school, unless such student is no longer in good
standing. A receiving school district may deem a nonresident student as
not in good standing in accordance with such school district's nonresident
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transfer policy.
(h) A student may always enroll at any time in the school district
where such student resides.
(i) Except for a child in the custody of the department for children
and families, a nonresident student shall not transfer more than once per
school year to one or more receiving school districts pursuant to the
provisions of this section.
(j) A receiving school district shall not be required to provide
transportation to nonresident students. If space is available on school
district transportation vehicles, a school district may provide nonresident
students an in-district bus stop where transportation may be provided by
such school district to and from such bus stop and the school for such
nonresident students.
(k) Each school district board of education shall submit to the state
department of education the number of nonresident student transfers
approved and denied by such board and whether the denials were based on
capacity or in accordance with the policy adopted pursuant to section 9,
and amendments thereto. The state department of education shall collect
and report such data on such department's website and make such data
available to the legislative division of post audit.
(l) (1) Each year, the state department of education, as part of the
department's enrollment audit, shall audit the nonresident student capacity
and enrollment.
(2) In calendar year 2027, the legislative post audit committee shall
direct the legislative division of post audit to conduct an audit of
nonresident student transfers pursuant to this section. Such audit shall be
reported to the legislative post audit committee on or before January 15,
2028, and subsequently presented to the house standing committee on K-
12 education budget and the senate standing committee on education, or
any successor committees.
(m) Nothing in this section shall be construed to exempt any
nonresident student who transfers to a receiving school district pursuant to
this section from the policies and requirements of the activities association
referred to in K.S.A. 72-7114, and amendments thereto.
(n) The provisions of this section shall not apply to any school
located on a military installation as defined in K.S.A. 72-8268, and
amendments thereto.
Sec. 2. K.S.A. 72-3123, as amended by section 16 of chapter 94 of
the 2022 Session Laws of Kansas, is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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