As Amended by House Committee
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 school districts; requiring
certain information to be posted on a school district's website;
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; requiring consideration of homelessness when determining
enrollment status; amending K.S.A. 72-3123, as amended by section
16 of chapter 94 of the 2022 Session Laws of Kansas, and K.S.A. 2022
Supp. 72-3126 and repealing the existing section sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) On or before August 15 of each year, each
school district in this state shall establish a link on the school district's
website homepage titled "Parent Portal" and shall post and make the
following information available on the parent portal:
(1) The number of nonresident student transfers approved and
denied by the board of education of the school district in each grade
level pursuant to K.S.A. 72-3123, and amendments thereto, and
whether the denials were based on capacity or pursuant to the policy
adopted by the board under K.S.A. 2022 Supp. 72-3126, and
amendments thereto;
(2) a copy of each nonacademic test, questionnaire, survey or
examination that is required to be posted on the school district's
website pursuant to K.S.A. 72-6316, and amendments thereto; and
(3) a list organized by grade level that includes the district-wide
curriculum content adopted by the board of education of the school
district, including textbooks, required reading books and units of
study by theme, chapter or subject matter. Such list shall provide the
title, author, publishing company and year of publication for any such
textbook or book. A school district shall 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. This paragraph shall not
be construed to require posting of teacher lesson plans.
(b) The publication of information and updates to such
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information on the parent portal shall be an administrative function of
the school district and shall not be a duty or obligation imposed upon
teachers.
Section 1 Sec. 2. 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.
(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
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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.
(4) Any child who is experiencing homelessness shall be permitted
to enroll in and attend the school district of origin or the school
district of residence.
(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
transfer policy. Prior to making any determination to deem a
nonresident student as not in good standing, a district shall consider a
student's status as a homeless child and the resulting factors of
homelessness on such student's standing.
(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 or a child who is experiencing homelessness, a nonresident
student shall not transfer more than once per school year to one or more
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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. A school district shall ensure that transportation
for nonresident homeless students is provided comparably to that of
housed students.
(k) Each school district board of education shall submit to the state
department of education the school district's policy adopted pursuant to
K.S.A. 2022 Supp. 72-3126, and amendments thereto, the number of
nonresident student transfers approved and denied by such board in each
grade level and whether the denials were based on capacity or in
accordance with the policy adopted pursuant to section 9 K.S.A. 2022
Supp. 72-3126, 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. 3. K.S.A. 2022 Supp. 72-3126 is hereby amended to read as
follows: 72-3126. (a) (1) On or before January 1, 2024, each board of
education of a school district shall adopt a policy to determine the
number of nonresident students that the school district has the
capacity to accept in each grade level for each school of the school
district pursuant to K.S.A. 72-3123, and amendments thereto. Such
policies shall clearly specify the reasons that the board may use to
deny continued enrollment of a nonresident student who is not in good
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standing. Such reasons for a denial of continued enrollment may
include, but shall not be limited to, the nonresident student's record of
school absenteeism and repeated suspensions or expulsions.
(2) A school district's policy adopted pursuant to this section shall
consider the adverse impact of homelessness on a student's attendance
and any resulting suspensions or expulsions before making a
determination on the continued enrollment of a student who is homeless. A
district shall consider the obstacles a homeless student faces to arrive at
school on time or each day due to housing instability, lack of
transportation or lack of other basic resources that can hinder consistent
attendance.
(b) Prior to adopting such policy, the board of education shall call
and hold a hearing on the proposed policy. The board of education
shall provide notice of such hearing, which shall include the time, date
and place of the public hearing to be held on the proposed policy. Such
notice shall be published at least once each week for two consecutive
weeks in a newspaper of general circulation in the school district and
shall also be posted on the school district's website.
(c) At such hearing, a representative of the board shall present
the board's proposal for the policy and the board shall hear testimony
regarding the proposed policy. Following the public hearing, after
consideration of the testimony and evidence presented or submitted at
such public hearing, the board shall determine whether to adopt or
revise the proposed policy at a subsequent public meeting of the
board.
(d) The policy adopted pursuant to subsection (a) shall be
published on the school district's website.
(e) 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.
(f) This section shall take effect and be in force from and after July 1,
2023.}
Sec. 2. 4. K.S.A. 72-3123, as amended by section 16 of chapter 94 of
the 2022 Session Laws of Kansas, is and K.S.A. 2022 Supp. 72-3126 are
hereby repealed.
Sec. 3. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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