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Kansas House Bill HB2514

Kansas 2023-2024 Regular Session

Kansas House Bill HB2514 Compare Versions

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11 Session of 2024
22 HOUSE BILL No. 2514
33 By Representatives K. Williams, Bergquist, Blew, Blex, Bloom, Bryce, Clifford,
44 Delperdang, Droge, Goetz, Hill, Hoffman, Howe, Howerton, Humphries, Johnson,
55 Kessler, Mason, Murphy, Penn, Pickert, Rhiley, Schmoe, Seiwert, Sutton, Tarwater
66 and Wasinger
77 1-17
88 AN ACT concerning education; relating to school districts; open
99 enrollment; requiring school districts to give priority to students who
1010 reside in Kansas over students who do not reside in the state except
1111 under certain circumstances; providing for continued enrollment of
1212 students who attended a school district of nonresidence in school year
1313 2023-2024; authorizing school districts to deem students as not in good
1414 standing prior to enrollment; requiring student transfer policy revisions
1515 to be published on the school district's website; amending K.S.A. 2023
1616 Supp. 72-3123, 72-3124, 72-3126 and 72-3127 and repealing the
1717 existing sections.
1818 Be it enacted by the Legislature of the State of Kansas:
1919 New Section 1. (a) Except as otherwise provided in subsection (b), in
2020 each school year, if a school district has open seats remaining after
2121 completion of the nonresident student transfer application process
2222 established pursuant to K.S.A. 72-3123, and amendments thereto, the
2323 board of education of the school district may consider applications for
2424 enrollment submitted by students who are residents of another state. The
2525 board of education of the school district shall give priority to nonresident
2626 students who reside in Kansas over those students who reside in another
2727 state prior to considering applications submitted by students who are
2828 residents of another state.
2929 (b) If a student who is a resident of another state has a parent or
3030 person acting as parent employed by a school district in this state, the
3131 board of education of such school district may permit such student to
3232 enroll in and attend the school district as if the student is a resident of the
3333 school district.
3434 Sec. 2. K.S.A. 2023 Supp. 72-3123 is hereby amended to read as
3535 follows: 72-3123. (a) Beginning in school year 2024-2025, any child of
3636 school age pursuant to K.S.A. 72-3118, and amendments thereto, may
3737 attend a school operated by a school district where such child does not
3838 reside if such school district has open seats as determined pursuant to this
3939 section.
4040 (b) the board of education of any school district shall permit
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7575 nonresident students to enroll in and attend the schools of the district if
7676 such school district has open seats as determined pursuant to this section.
7777 (c)(b) Each school district shall determine capacity in each school of
7878 the school district for the following school year as follows:
7979 (1) For kindergarten and grades one through eight, the classroom
8080 student-teacher ratio in each grade level; and
8181 (2) for grades nine through 12, the student-teacher ratio for each
8282 school building or program in each school building, including, but not
8383 limited to, advanced placement or international baccalaureate programs.
8484 (d)(c) (1) On or before May 1 of each year, each school board shall
8585 determine for each grade level in each school building of the school
8686 district for the next succeeding school year the:
8787 (A) Capacity as determined pursuant to subsection (c)(b);
8888 (B) number of students expected to attend school in the school
8989 district; and
9090 (C) number of open seats available to nonresident students.
9191 (2) On or before June 1 of each year, each school district shall publish
9292 on such school district's website the number of open seats available to
9393 nonresident students in each grade level for each school building of the
9494 school district for the next succeeding school year.
9595 (3) From June 1 through June 30, each school district shall accept
9696 applications from nonresident students. Applications shall be on a form
9797 and in a manner determined by the school district.
9898 (4) If the number of applications for a grade level in a school building
9999 is less than the number of available seats for such grade level in such
100100 school building, the nonresident students shall be accepted for enrollment
101101 and attendance at such school district. If the number of applications for a
102102 grade level in a school building is greater than the number of available
103103 seats for such grade level in such school building, the school district shall
104104 randomly select nonresident students using a confidential lottery process.
105105 Such process shall be completed on or before July 15 of each year.
106106 (5) The school district shall provide to the parent or person acting as
107107 parent of a nonresident student who was not accepted for or denied
108108 enrollment at such school district the reason for the nonacceptance or
109109 denial and an explanation of the nonresident student selection process.
110110 (e)(d) (1) Subject to capacity, school districts shall give priority to
111111 any sibling of a nonresident student who was is enrolled in and attending
112112 such school district or who is accepted to enroll in and attend such school
113113 district. Priority shall be given when the nonresident student is first
114114 accepted and, if necessary, at any other time the school district considers
115115 transfer applications. Any such sibling shall not be subject to the open seat
116116 lottery.
117117 (2) Subject to capacity, school districts shall give priority to any
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161161 nonresident student who is a military student as defined in K.S.A. 72-
162162 5139, and amendments thereto. Priority shall be given when the military
163163 student is first accepted and, if necessary, at any other time the school
164164 district considers transfer applications. Any such military student shall not
165165 be subject to the open seat lottery.
166166 (3) Any child who is in the custody of the department for children
167167 and families and who is living in the home of a nonresident student who
168168 transfers may attend school in the receiving school district.
169169 (4) Any nonresident student who has a parent or person acting as
170170 parent employed by a school district shall be permitted to enroll in and
171171 attend such school district as if the student is a resident of the school
172172 district. Any such student shall not be subject to the open-seat lottery
173173 established pursuant to subsection (d)(c) when enrolling in and attending
174174 the school district where the parent or person acting as parent is employed.
175175 (5) Any child who is experiencing homelessness shall be permitted to
176176 enroll in and attend the school district of origin or the school district of
177177 residence.
178178 (f)(e) A school district shall not:
179179 (1) Charge tuition or fees to any nonresident student who transfers to
180180 such school district pursuant to this section except fees that are otherwise
181181 charged to every student enrolled in and attending school in the district; or
182182 (2) accept or deny a nonresident student transfer based on ethnicity,
183183 national origin, gender, income level, disabling condition, proficiency in
184184 the English language, measure of achievement, aptitude or athletic ability.
185185 (g)(f) (1) A nonresident student who has been accepted for enrollment
186186 and attendance at a receiving school district on or after June 1, 2024, shall
187187 be permitted to continue such enrollment and attendance in such school
188188 district until such student graduates from high school, unless such student
189189 is deemed as no longer in good standing pursuant to subsection (g).
190190 (2) A nonresident student who was enrolled in and attended a school
191191 district of nonresidence during school year 2023-2024 shall be permitted
192192 to continue such enrollment and attendance in such school district until
193193 such student graduates from high school, unless such student is deemed as
194194 no longer in good standing pursuant to subsection (g).
195195 (g) A receiving school district may deem a any nonresident student as
196196 not in good standing in accordance with such school district's nonresident
197197 transfer policy, including any nonresident student who has not previously
198198 attended or been enrolled in the receiving school district. If a school
199199 district deems a nonresident student as not in good standing, such school
200200 district may deny such student's enrollment or continued enrollment in the
201201 school district. Prior to making any determination to deem a nonresident
202202 student as not in good standing, a district shall consider a student's status
203203 as a homeless child and the resulting factors of homelessness on such
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247247 student's standing.
248248 (h) A student may always enroll at any time in the school district
249249 where such student resides.
250250 (i) Except for a child in the custody of the department for children
251251 and families or a child who is experiencing homelessness, a nonresident
252252 student shall not transfer more than once per school year to one or more
253253 receiving school districts pursuant to the provisions of this section.
254254 (j) A receiving school district shall not be required to provide
255255 transportation to nonresident students. If space is available on school
256256 district transportation vehicles, a school district may provide nonresident
257257 students an in-district bus stop where transportation may be provided by
258258 such school district to and from such bus stop and the school for such
259259 nonresident students. A school district shall ensure that transportation for
260260 nonresident homeless students is provided comparably to that of housed
261261 students.
262262 (k) Each school district board of education shall submit annually to
263263 the state department of education the school district's policy adopted
264264 pursuant to K.S.A. 2023 Supp. 72-3126, and amendments thereto, the
265265 number of nonresident student transfers approved and denied by such
266266 board in each grade level and whether the denials were based on capacity
267267 or in accordance with the policy adopted pursuant to K.S.A. 2023 Supp.
268268 72-3126, and amendments thereto. The state department of education shall
269269 collect and report such data on such department's website and make such
270270 data available to the legislative division of post audit.
271271 (l) (1) Each year, the state department of education, as part of the
272272 department's enrollment audit, shall audit the nonresident student capacity
273273 and enrollment.
274274 (2) In calendar year 2027, the legislative post audit committee shall
275275 direct the legislative division of post audit to conduct an audit of
276276 nonresident student transfers pursuant to this section. Such audit shall be
277277 reported to the legislative post audit committee on or before January 15,
278278 2028, and subsequently presented to the house standing committee on K-
279279 12 education budget and the senate standing committee on education, or
280280 any successor committees.
281281 (m) Nothing in this section shall be construed to exempt any
282282 nonresident student who transfers to a receiving school district pursuant to
283283 this section from the policies and requirements of the activities association
284284 referred to in K.S.A. 72-7114, and amendments thereto.
285285 (n) The provisions of this section shall not apply to any school
286286 located on a military installation as defined in K.S.A. 72-8268, and
287287 amendments thereto.
288288 Sec. 3. K.S.A. 2023 Supp. 72-3124 is hereby amended to read as
289289 follows: 72-3124.(a) The board of education of any school district shall
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333333 allow any nonresident student who is not a resident of the district to enroll
334334 in and attend school in such district pursuant to K.S.A. 72-3123, and
335335 amendments thereto. The board of education of such district may furnish
336336 or provide transportation to any nonresident student who is enrolled in and
337337 attending school in the district. If the district agrees to furnish or provide
338338 transportation to a nonresident student, such transportation shall be
339339 furnished or provided until the end of the school year. Prior to providing or
340340 furnishing transportation to a nonresident student, the receiving school
341341 district shall notify the board of education of the sending school district
342342 that transportation will be furnished or provided for such student.
343343 (b) Nonresident students shall be counted as regularly enrolled in and
344344 attending school in the receiving school district for the purpose of
345345 computations under the Kansas school equity and enhancement act, K.S.A.
346346 72-5131 et seq., and amendments thereto, except computation of
347347 transportation weighting under such act, and for the purposes of the
348348 statutory provisions contained in article 64 of chapter 72 of the Kansas
349349 Statutes Annotated, and amendments thereto. Such nonresident student
350350 shall not be charged for the costs of attendance at school.
351351 Sec. 4. K.S.A. 2023 Supp. 72-3126 is hereby amended to read as
352352 follows: 72-3126. (a) (1) On or before January 1, 2024, each board of
353353 education of a school district shall adopt a policy to determine the number
354354 of nonresident students that the school district has the capacity to accept in
355355 each grade level for each school of the school district pursuant to K.S.A.
356356 72-3123, and amendments thereto. Such policies shall clearly specify the
357357 reasons that the board may use to deny continued enrollment of a
358358 nonresident student who is not in good standing. Such reasons for a denial
359359 of continued enrollment may include, but shall not be limited to, the
360360 nonresident student's record of school absenteeism and repeated
361361 suspensions or expulsions.
362362 (2) A school district's policy adopted pursuant to this section shall
363363 consider the adverse impact of homelessness on a student's attendance and
364364 any resulting suspensions or expulsions before making a determination on
365365 the continued enrollment of a student who is homeless. A district shall
366366 consider the obstacles a homeless student faces to arrive at school on time
367367 or each day due to housing instability, lack of transportation or lack of
368368 other basic resources that can hinder consistent attendance.
369369 (b) Prior to adopting such policy, the board of education shall call and
370370 hold a hearing on the proposed policy. The board of education shall
371371 provide notice of such hearing, which shall include the time, date and
372372 place of the public hearing to be held on the proposed policy. Such notice
373373 shall be published at least once each week for two consecutive weeks in a
374374 newspaper of general circulation in the school district and shall also be
375375 posted on the school district's website.
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419419 (c) At such hearing, a representative of the board shall present the
420420 board's proposal for the policy and the board shall hear testimony
421421 regarding the proposed policy. Following the public hearing, after
422422 consideration of the testimony and evidence presented or submitted at such
423423 public hearing, the board shall determine whether to adopt or revise the
424424 proposed policy at a subsequent public meeting of the board.
425425 (d) The school district shall publish the policy adopted pursuant to
426426 subsection (a) shall be published and any subsequent revisions to such
427427 policy on the school district's website through a link on the school
428428 district's website homepage titled "open enrollment information."
429429 (e) The provisions of this section shall not apply to any school
430430 located on a military installation as defined in K.S.A. 72-8268, and
431431 amendments thereto.
432432 Sec. 5. K.S.A. 2023 Supp. 72-3127 is hereby amended to read as
433433 follows: 72-3127. (a) As used in K.S.A. 72-3122 through 72-3125, and
434434 amendments thereto, and K.S.A. 2023 Supp. 72-3126 and section 1, and
435435 amendments thereto:
436436 (1) "Homeless child" means a child who lacks a fixed, regular and
437437 adequate nighttime residence and whose primary nighttime residence is:
438438 (A) A supervised publicly or privately operated shelter designed to
439439 provide temporary living accommodations, including welfare hotels,
440440 congregate shelters and transitional housing for the mentally ill;
441441 (B) an institution that provides a temporary residence for individuals
442442 intended to be institutionalized; or
443443 (C) a public or private place not designed for, or ordinarily used as, a
444444 regular sleeping accommodation for humans.
445445 (2) "Nonresident student" or "nonresident transfer student" means a
446446 student child of school age pursuant to K.S.A. 72-3118, and amendments
447447 thereto, who resides in Kansas and is enrolled and in attendance at or
448448 seeking to enroll and attend a school located in a school district where
449449 such student is not a resident.
450450 (3) "Parent" means and includes natural parents, adoptive parents,
451451 stepparents and foster parents.
452452 (4) "Person acting as parent" means:
453453 (A) A guardian or conservator; or
454454 (B) a person, other than a parent, who:
455455 (i) Is liable by law to maintain, care for or support the child;
456456 (ii) has actual care and control of the child and is contributing the
457457 major portion of the cost of support of the child;
458458 (iii) has actual care and control of the child with the written consent
459459 of a person who has legal custody of the child; or
460460 (iv) has been granted custody of the child by a court of competent
461461 jurisdiction.
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505505 (5) "Receiving school district" means a school district of
506506 nonresidence of a student who attends school in such school district.
507507 (6) "School district" means a school district organized and operating
508508 under the laws of this state.
509509 (7) "Sending school district" means a school district of residence of a
510510 student who attends school in a school district not of the student's
511511 residence.
512512 (8) "Sibling" means a brother or sister of the whole or half blood,
513513 adoptive brother or sister, a stepbrother or stepsister or a foster brother or
514514 foster sister.
515515 (b) This section shall take effect and be in force from and after July 1,
516516 2023.
517517 Sec. 6. K.S.A. 2023 Supp. 72-3123, 72-3124, 72-3126 and 72-3127
518518 are hereby repealed.
519519 Sec. 7. This act shall take effect and be in force from and after its
520520 publication in the Kansas register.
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