Session of 2024
HOUSE BILL No. 2514
By Representatives K. Williams, Bergquist, Blew, Blex, Bloom, Bryce, Clifford,
Delperdang, Droge, Goetz, Hill, Hoffman, Howe, Howerton, Humphries, Johnson,
Kessler, Mason, Murphy, Penn, Pickert, Rhiley, Schmoe, Seiwert, Sutton, Tarwater
and Wasinger
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AN ACT concerning education; relating to school districts; open
enrollment; requiring school districts to give priority to students who
reside in Kansas over students who do not reside in the state except
under certain circumstances; providing for continued enrollment of
students who attended a school district of nonresidence in school year
2023-2024; authorizing school districts to deem students as not in good
standing prior to enrollment; requiring student transfer policy revisions
to be published on the school district's website; amending K.S.A. 2023
Supp. 72-3123, 72-3124, 72-3126 and 72-3127 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Except as otherwise provided in subsection (b), in
each school year, if a school district has open seats remaining after
completion of the nonresident student transfer application process
established pursuant to K.S.A. 72-3123, and amendments thereto, the
board of education of the school district may consider applications for
enrollment submitted by students who are residents of another state. The
board of education of the school district shall give priority to nonresident
students who reside in Kansas over those students who reside in another
state prior to considering applications submitted by students who are
residents of another state.
(b) If a student who is a resident of another state has a parent or
person acting as parent employed by a school district in this state, the
board of education of such school district may permit such student to
enroll in and attend the school district as if the student is a resident of the
school district.
Sec. 2. K.S.A. 2023 Supp. 72-3123 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
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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)(b) 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)(c) (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);
(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
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)(d) (1) Subject to capacity, school districts shall give priority to
any sibling of a nonresident student who was is enrolled in and attending
such school district or who is 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) Subject to capacity, school districts shall give priority to any
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nonresident student who is a military student as defined in K.S.A. 72-
5139, and amendments thereto. Priority shall be given when the military
student is first accepted and, if necessary, at any other time the school
district considers transfer applications. Any such military student shall not
be subject to the open seat lottery.
(3) 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.
(4) 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)(c) when enrolling in and attending
the school district where the parent or person acting as parent is employed.
(5) 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)(e) 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)(f) (1) A nonresident student who has been accepted for enrollment
and attendance at a receiving school district on or after June 1, 2024, shall
be permitted to continue such enrollment and attendance in such school
district until such student graduates from high school, unless such student
is deemed as no longer in good standing pursuant to subsection (g).
(2) A nonresident student who was enrolled in and attended a school
district of nonresidence during school year 2023-2024 shall be permitted
to continue such enrollment and attendance in such school district until
such student graduates from high school, unless such student is deemed as
no longer in good standing pursuant to subsection (g).
(g) A receiving school district may deem a any nonresident student as
not in good standing in accordance with such school district's nonresident
transfer policy, including any nonresident student who has not previously
attended or been enrolled in the receiving school district. If a school
district deems a nonresident student as not in good standing, such school
district may deny such student's enrollment or continued enrollment in the
school district. 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
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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
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 annually to
the state department of education the school district's policy adopted
pursuant to K.S.A. 2023 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 K.S.A. 2023 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. 2023 Supp. 72-3124 is hereby amended to read as
follows: 72-3124.(a) The board of education of any school district shall
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allow any nonresident student who is not a resident of the district to enroll
in and attend school in such district pursuant to K.S.A. 72-3123, and
amendments thereto. The board of education of such district may furnish
or provide transportation to any nonresident student who is enrolled in and
attending school in the district. If the district agrees to furnish or provide
transportation to a nonresident student, such transportation shall be
furnished or provided until the end of the school year. Prior to providing or
furnishing transportation to a nonresident student, the receiving school
district shall notify the board of education of the sending school district
that transportation will be furnished or provided for such student.
(b) Nonresident students shall be counted as regularly enrolled in and
attending school in the receiving school district for the purpose of
computations under the Kansas school equity and enhancement act, K.S.A.
72-5131 et seq., and amendments thereto, except computation of
transportation weighting under such act, and for the purposes of the
statutory provisions contained in article 64 of chapter 72 of the Kansas
Statutes Annotated, and amendments thereto. Such nonresident student
shall not be charged for the costs of attendance at school.
Sec. 4. K.S.A. 2023 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 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.
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(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 school district shall publish the policy adopted pursuant to
subsection (a) shall be published and any subsequent revisions to such
policy on the school district's website through a link on the school
district's website homepage titled "open enrollment information."
(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.
Sec. 5. K.S.A. 2023 Supp. 72-3127 is hereby amended to read as
follows: 72-3127. (a) As used in K.S.A. 72-3122 through 72-3125, and
amendments thereto, and K.S.A. 2023 Supp. 72-3126 and section 1, and
amendments thereto:
(1) "Homeless child" means a child who lacks a fixed, regular and
adequate nighttime residence and whose primary nighttime residence is:
(A) A supervised publicly or privately operated shelter designed to
provide temporary living accommodations, including welfare hotels,
congregate shelters and transitional housing for the mentally ill;
(B) an institution that provides a temporary residence for individuals
intended to be institutionalized; or
(C) a public or private place not designed for, or ordinarily used as, a
regular sleeping accommodation for humans.
(2) "Nonresident student" or "nonresident transfer student" means a
student child of school age pursuant to K.S.A. 72-3118, and amendments
thereto, who resides in Kansas and is enrolled and in attendance at or
seeking to enroll and attend a school located in a school district where
such student is not a resident.
(3) "Parent" means and includes natural parents, adoptive parents,
stepparents and foster parents.
(4) "Person acting as parent" means:
(A) A guardian or conservator; or
(B) a person, other than a parent, who:
(i) Is liable by law to maintain, care for or support the child;
(ii) has actual care and control of the child and is contributing the
major portion of the cost of support of the child;
(iii) has actual care and control of the child with the written consent
of a person who has legal custody of the child; or
(iv) has been granted custody of the child by a court of competent
jurisdiction.
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(5) "Receiving school district" means a school district of
nonresidence of a student who attends school in such school district.
(6) "School district" means a school district organized and operating
under the laws of this state.
(7) "Sending school district" means a school district of residence of a
student who attends school in a school district not of the student's
residence.
(8) "Sibling" means a brother or sister of the whole or half blood,
adoptive brother or sister, a stepbrother or stepsister or a foster brother or
foster sister.
(b) This section shall take effect and be in force from and after July 1,
2023.
Sec. 6. K.S.A. 2023 Supp. 72-3123, 72-3124, 72-3126 and 72-3127
are hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its
publication in the Kansas register.
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