Kansas 2023-2024 Regular Session

Kansas House Bill HB2271 Compare Versions

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1	1	Session of 2023
2	2	HOUSE BILL No. 2271
3	3	By Representative Johnson
4	4	2-2
5	5	AN ACT concerning education; relating to the enrollment and attendance
6	6	of nonresident students in school districts; authorizing any student
7	7	whose parent or guardian is employed by a school district to enroll and
8	8	attend such school district; exempting any such students from a school
9	9	district's open-seat lottery process; amending K.S.A. 72-3123, as
10	10	amended by section 16 of chapter 94 of the 2022 Session Laws of
11	11	Kansas, and repealing the existing section.
12	12	Be it enacted by the Legislature of the State of Kansas:
13	13	Section 1. K.S.A. 72-3123, as amended by section 16 of chapter 94 of
14	14	the 2022 Session Laws of Kansas, is hereby amended to read as follows:
15	15	72-3123. (a) Beginning in school year 2024-2025, any child of school age
16	16	pursuant to K.S.A. 72-3118, and amendments thereto, may attend a school
17	17	operated by a school district where such child does not reside if such
18	18	school district has open seats as determined pursuant to this section.
19	19	(b) The board of education of any school district shall permit
20	20	nonresident students to enroll in and attend the schools of the district if
21	21	such school district has open seats as determined pursuant to this section.
22	22	(c) Each school district shall determine capacity in each school of the
23	23	school district for the following school year as follows:
24	24	(1) For kindergarten and grades one through eight, the classroom
25	25	student-teacher ratio in each grade level; and
26	26	(2) for grades nine through 12, the student-teacher ratio for each
27	27	school building or program in each school building, including, but not
28	28	limited to, advanced placement or international baccalaureate programs.
29	29	(d) (1) On or before May 1 of each year, each school board shall
30	30	determine for each grade level in each school building of the school
31	31	district for the next succeeding school year the:
32	32	(A) Capacity as determined pursuant to subsection (c);
33	33	(B) number of students expected to attend school in the school
34	34	district; and
35	35	(C) number of open seats available to nonresident students.
36	36	(2) On or before June 1 of each year, each school district shall publish
37	37	on such school district's website the number of open seats available to
38	38	nonresident students in each grade level for each school building of the
39	39	school district for the next succeeding school year.
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76	76	(3) From June 1 through June 30, each school district shall accept
77	77	applications from nonresident students. Applications shall be on a form
78	78	and in a manner determined by the school district.
79	79	(4) If the number of applications for a grade level in a school building
80	80	is less than the number of available seats for such grade level in such
81	81	school building, the nonresident students shall be accepted for enrollment
82	82	and attendance at such school district. If the number of applications for a
83	83	grade level in a school building is greater than the number of available
84	84	seats for such grade level in such school building, the school district shall
85	85	randomly select nonresident students using a confidential lottery process.
86	86	Such process shall be completed on or before July 15 of each year.
87	87	(5) The school district shall provide to the parent or person acting as
88	88	parent of a nonresident student who was not accepted for or denied
89	89	enrollment at such school district the reason for the nonacceptance or
90	90	denial and an explanation of the nonresident student selection process.
91	91	(e) (1) Subject to capacity, school districts shall give priority to any
92	92	sibling of a nonresident student who was accepted to enroll in and attend
93	93	such school district. Priority shall be given when the nonresident student is
94	94	first accepted and, if necessary, at any other time the school district
95	95	considers transfer applications. Any such sibling shall not be subject to the
96	96	open seat lottery.
97	97	(2) Any child who is in the custody of the department for children
98	98	and families and who is living in the home of a nonresident student who
99	99	transfers may attend school in the receiving school district.
100	100	(3) Any nonresident student who has a parent or person acting as
101	101	parent employed by a school district shall be permitted to enroll in and
102	102	attend such school district as if the student is a resident of the school
103	103	district. Any such student shall not be subject to the open-seat lottery
104	104	established pursuant to subsection (d) when enrolling in and attending the
105	105	school district where the parent or person acting as parent is employed.
106	106	(f) A school district shall not:
107	107	(1) Charge tuition or fees to any nonresident student who transfers to
108	108	such school district pursuant to this section except fees that are otherwise
109	109	charged to every student enrolled in and attending school in the district; or
110	110	(2) accept or deny a nonresident student transfer based on ethnicity,
111	111	national origin, gender, income level, disabling condition, proficiency in
112	112	the English language, measure of achievement, aptitude or athletic ability.
113	113	(g) A nonresident student who has been accepted for enrollment and
114	114	attendance at a receiving school district shall be permitted to continue such
115	115	enrollment and attendance in such school district until such student
116	116	graduates from high school, unless such student is no longer in good
117	117	standing. A receiving school district may deem a nonresident student as
118	118	not in good standing in accordance with such school district's nonresident
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162	162	transfer policy.
163	163	(h) A student may always enroll at any time in the school district
164	164	where such student resides.
165	165	(i) Except for a child in the custody of the department for children
166	166	and families, a nonresident student shall not transfer more than once per
167	167	school year to one or more receiving school districts pursuant to the
168	168	provisions of this section.
169	169	(j) A receiving school district shall not be required to provide
170	170	transportation to nonresident students. If space is available on school
171	171	district transportation vehicles, a school district may provide nonresident
172	172	students an in-district bus stop where transportation may be provided by
173	173	such school district to and from such bus stop and the school for such
174	174	nonresident students.
175	175	(k) Each school district board of education shall submit to the state
176	176	department of education the number of nonresident student transfers
177	177	approved and denied by such board and whether the denials were based on
178	178	capacity or in accordance with the policy adopted pursuant to section 9,
179	179	and amendments thereto. The state department of education shall collect
180	180	and report such data on such department's website and make such data
181	181	available to the legislative division of post audit.
182	182	(l) (1) Each year, the state department of education, as part of the
183	183	department's enrollment audit, shall audit the nonresident student capacity
184	184	and enrollment.
185	185	(2) In calendar year 2027, the legislative post audit committee shall
186	186	direct the legislative division of post audit to conduct an audit of
187	187	nonresident student transfers pursuant to this section. Such audit shall be
188	188	reported to the legislative post audit committee on or before January 15,
189	189	2028, and subsequently presented to the house standing committee on K-
190	190	12 education budget and the senate standing committee on education, or
191	191	any successor committees.
192	192	(m) Nothing in this section shall be construed to exempt any
193	193	nonresident student who transfers to a receiving school district pursuant to
194	194	this section from the policies and requirements of the activities association
195	195	referred to in K.S.A. 72-7114, and amendments thereto.
196	196	(n) The provisions of this section shall not apply to any school
197	197	located on a military installation as defined in K.S.A. 72-8268, and
198	198	amendments thereto.
199	199	Sec. 2. K.S.A. 72-3123, as amended by section 16 of chapter 94 of
200	200	the 2022 Session Laws of Kansas, is hereby repealed.
201	201	Sec. 3. This act shall take effect and be in force from and after its
202	202	publication in the statute book.
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