Session of 2024
SENATE BILL No. 469
By Committee on Education
2-6
AN ACT concerning education; establishing the sunflower education
equity act; providing savings accounts for students; establishing the
sunflower education equity scholarship fund; amending K.S.A. 2023
Supp. 72-3120 and repealing the existing section.
WHEREAS, The legislature affirms that a quality, individualized
education provides an essential pathway to success, not only for each
student but for the prosperity and stability of the state; and
WHEREAS, Since 1925, in the United States supreme court case of
Pierce v. Society of Sisters, the law has recognized that a child is not a
mere creature of the state and that parents and guardians are possessed of
the liberty to direct the upbringing and education of their children. The
court stated: "The fundamental theory of liberty upon which all
governments in this Union repose excludes any general power of the State
to standardize its children by forcing them to accept instruction from
public teachers only." Educational freedom ensures parental choice that
considers the unique learning needs of each student in a learning
environment that best aligns with the student's academic, socio-emotional
and spiritual needs and directs and encourages life success; and
WHEREAS, The sunflower education equity act affirms that equity in
education means that all children shall receive what they need
educationally regardless of their socioeconomic, racial or cultural status.
The act affirms and promotes that all children, without preference or bias,
are uniquely capable and worthy of meeting and exceeding the highest
caliber of expectations in an environment that best promotes their unique
qualities, abilities, needs and goals; and
WHEREAS, The sunflower education equity act provides meaningful
educational freedom while simultaneously protecting the freedom of
parents to direct the education of their children.
Now, therefore:
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Section 1 et seq., and amendments thereto, shall
be known and may be cited as the sunflower education equity act.
(b) As used in the sunflower education equity act:
(1) "Account" means a sunflower education equity scholarship
account.
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(2) "BASE aid" means the same as defined in K.S.A. 72-5132, and
amendments thereto, for the current school year.
(3) "Board" means the sunflower education equity board established
in section 3, and amendments thereto.
(4) "Immediate family member" means a parent, sibling or any other
relative of a qualified student who lives in the same residence as the
qualified student.
(5) "Parent" means a Kansas resident who is the parent, stepparent,
legal guardian, custodian or other person with authority to act on behalf of
a qualified student.
(6) "Postsecondary educational institution" means the same as
defined in K.S.A. 74-3201b, and amendments thereto, and includes any
private postsecondary educational institution as defined in K.S.A. 74-
32,163, and amendments thereto.
(7) "Program" means the sunflower education equity scholarship
program established pursuant to this act.
(8) "Qualified school" means any school located in Kansas that is:
(A) A nonpublic elementary or secondary school that has made
application and received approval pursuant to this act; or
(B) a preschool serving students with disabilities.
(9) "Qualified student" means a resident of Kansas who is eligible to
enroll in a public elementary or secondary school in this state and either:
(A) Is eligible for free or reduced-priced meals under the national
school lunch act or has an annual family income that is less than or equal
to 250% of the federal poverty guidelines as determined annually in the
federal register by the United States department of health and human
services under 42 U.S.C. § 9902(2); or
(B) is determined to be a child with a disability pursuant to K.S.A.
72-3403 et seq., and amendments thereto.
(10) "School district" means a school district organized under the
laws of this state.
(11) "Treasurer" means the state treasurer or the state treasurer's
designee.
New Sec. 2. (a) The sunflower education equity program is hereby
established to recognize the right of parents to choose the educational
environment that best serves their children. The program shall be
administered pursuant to this act by the treasurer at the direction of the
board.
(b) The board shall provide general management and oversight of the
program, administer the appeals process pursuant to section 9, and
amendments thereto, and perform other duties as provided in this act.
(c) The treasurer shall implement and administer the program at the
direction of the board, accept applications, retain program data, establish
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and administer accounts, administer the sunflower education equity
scholarship fund established by section 8, and amendments thereto,
establish and administer any technical processes and procedures required
by this act and perform any other duties required by this act.
(d) If the board or treasurer determines it is necessary, the state
department of education shall cooperate and collaborate with the board or
treasurer in the implementation or administration of the program.
(e) Any qualified student who participates in the program and such
student's parent shall be subject to the requirements of this act and any
rules and regulations adopted hereunder. A student who does not
participate in the program shall not be subject to such requirements.
New Sec. 3. (a) There is hereby established the sunflower education
equity board.
(b) (1) The board shall consist of nine voting members and one non-
voting member.
(2) The voting members of the board include the following:
(A) The treasurer, who shall serve as the chairperson of the board;
(B) one member appointed by the president of the senate;
(C) one member appointed by the speaker of the house of
representatives;
(D) one member appointed by the minority leader of the senate;
(E) one member appointed by the minority leader of the house of
representatives;
(F) the chairperson of the house of representatives education
committee or the K-12 education budget committee as determined by the
speaker of the house of representatives;
(G) the chairperson of the senate education committee;
(H) a parent with a qualified student in the program appointed by the
governor; and
(I) a representative of a qualified school appointed by the governor.
(3) The non-voting member shall be a representative from the state
department of education.
(c) All members of the board shall be residents of Kansas.
(d) (1) The members appointed by the governor shall serve an initial
term of one year. The members appointed by the minority leader of the
senate and the minority leader of the house of representatives shall serve
an initial term of two years. The members appointed by the president of
the senate and the speaker of the house of representatives shall serve an
initial term of three years.
(2) After the initial terms established by paragraph (1), appointed
board members shall serve for four-year terms and are eligible for
reappointment at the expiration of such member's initial term.
(e) Any vacancy occurring on the board shall be filled in the same
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manner as the initial appointment for the unexpired term being filled.
(f) The board shall meet upon the call of the chairperson at least twice
per year. A majority of the voting members of the board constitutes a
quorum.
(g) Members of the board attending meetings of such board or
attending a subcommittee meeting thereof authorized by such board shall
be paid compensation, subsistence allowance, mileage and other expenses
as provided in K.S.A. 75-3223, and amendments thereto.
New Sec. 4. (a) The board shall have the following powers and
duties:
(1) Oversee and manage the program;
(2) advise the treasurer on the implementation and administration of
the program;
(3) determine the manner and form of the application to enroll in the
program and establish an account;
(4) pursuant to section 10, and amendments thereto, determine the
manner and form of the application for approval as a qualified school or
tutor and to receive payments from an account;
(5) execute contracts or authorize the treasurer to execute contracts as
necessary to carry out the requirements of this act;
(6) hear and review appeals pursuant to section 9, and amendments
thereto;
(7) work with the state department of education as necessary for the
program;
(8) establish an appeals process in accordance with section 9, and
amendments thereto;
(9) conduct or contract to conduct financial audits of the use of
account moneys;
(10) establish or contract for the establishment of a telephone or
online fraud reporting service;
(11) establish or contract with a private entity for the establishment of
a commercially viable and user friendly website, native application or
mobile application that will establish digital spending accounts on behalf
of qualified students and provide at least the following services:
(A) Account management by the treasurer and parent of a qualified
student;
(B) payment processing by electronic funds transfer to a qualified
school or other entity approved by the board;
(C) reimbursement by electronic funds transfer to qualified school,
tutor or other entity approved by the board;
(D) monitoring and creating reports of transaction activity in real time
by the treasurer;
(E) allowing the treasurer to place an account on temporary hold
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status;
(F) a design that reduces the possibility of fraud, waste and abuse;
and
(G) data privacy and cyber security using best standards as
determined by the board;
(12) require a surety bond or insurance of at least $100,000 for
education service providers serving more than five students annually. Such
requirements shall not apply to an education service provider who is an
immediate family member of a qualified student such provider is serving;
(13) develop and update as necessary a handbook for program
applicants and participants that includes, but is not limited to, information
relating to policies and processes of sunflower education equity
scholarship accounts; and
(14) exercise such other powers and perform such other functions and
duties provided in this act.
(b) The board shall not disclose a qualified student's identification or
distribute or release any personally identifiable data of a qualified student
to a third party without the written consent of such student's parent.
Written consent shall be obtained for each instance of such disclosure,
distribution or release.
New Sec. 5. (a) The treasurer shall maintain an explanation of at least
the following information on the treasurer's website and provide an
electronic or hard copy of such information to any parent whose child is a
qualified student participating in the program prior to any expenditure
from an account:
(1) The allowable uses of money in an education equity scholarship
account provided in section 7, and amendments thereto;
(2) the responsibilities of a parent of a qualified student participating
in the program;
(3) the effect of participation in the program by qualified students
with an individualized education program (IEP) or an education plan under
section 504 of the rehabilitation act of 1973, 29 U.S.C. § 794 (section 504
plan);
(4) the appeals process established pursuant to section 9, and
amendments thereto;
(5) the handbook developed pursuant to section 4, and amendments
thereto;
(6) the duties of the treasurer; and
(7) the duties of the board.
(b) The state department of education shall include information about
the program on the department's homepage and provide a link on such
homepage to the treasurer's webpage about the program.
New Sec. 6. (a) (1) To enroll in the program for the purpose of
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establishing an account, the parent of a qualified student shall submit an
application on a form and in a manner determined by the board.
(2) If the parent of a qualified student who is schooled at home makes
application to enroll in this program, such application does not constitute
registration pursuant to K.S.A. 72-4346, and amendments thereto, and
nothing in this act shall be construed to require a parent to register with the
state department of education pursuant to K.S.A. 72-4346, and
amendments thereto.
(b) The treasurer shall:
(1) Accept sunflower education equity applications throughout the
school year;
(2) enroll a qualified student in the program after receipt of a
completed application and any other required documentation;
(3) notify parents of the student's enrollment in the program within 30
calendar days after receipt of completed application forms and other
required documentation; and
(4) provide parents the program information required by section 5,
and amendments thereto.
(c) The treasurer and parents may provide electronically any
notifications, applications or documents required by this act. The treasurer
shall confirm receipt of all notifications required by this act, whether
provided by hard copy or electronically.
(d) After enrollment in the program, the parent of a qualified student
shall enter into a written agreement with the treasurer, in a manner and on
a form provided by the board, to establish an account. Each such written
agreement shall be approved by the board.
(e) The written agreement shall provide the following:
(1) Except as provided in section 11, and amendments thereto, a
portion of moneys in the account shall be used to provide an education for
the qualified student in at least the subjects of reading, grammar,
mathematics, social studies and science;
(2) after receiving the scholarship, the qualified student shall not
enroll full time in a school of a school district;
(3) no immediate family member of a qualified student may charge or
collect payment, tuition or fees for any of the following, if provided to
such qualified student:
(A) Educational therapies or services; or
(B) tutoring;
(4) the money in a qualified student's account shall only be expended
as authorized by this act;
(5) any payments from an account for tuition shall only be made to a
qualified school or a postsecondary educational institution;
(6) the qualified student may accept a scholarship from a scholarship
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granting organization pursuant to the tax credit for low income students
scholarship program act, K.S.A. 72-4351 et seq., and amendments thereto,
if such qualified student and such qualified student's parent meets the
requirements of both programs; and
(7) the parent of a qualified student shall comply with all
requirements of this act and any rules and regulations adopted hereunder.
(f) Upon execution of an initial written agreement, the treasurer shall
notify the board, who shall provide final approval of such agreement.
Upon approval, the treasurer shall authorize an account in the name of the
qualified student.
(g) One account shall be established for each qualified student. A
parent acting on behalf of more than one qualified student shall have a
separate account and separate written agreement for each qualified student.
(h) A written agreement entered into pursuant to this section shall
have a term of one year but may be suspended or terminated at any time
pursuant to subsection (i). To continue receiving a scholarship, the parent
of a qualified student shall renew the qualified student's account on an
annual basis. The treasurer shall notify the parent of the renewal
requirements at least 30 calendar days prior to the end of the written
agreement's term.
(i) (1) The treasurer may suspend a written agreement upon a
determination that:
(A) Money in an account has been used for purposes other than those
allowed by this act;
(B) the student is no longer a resident of Kansas; or
(C) the qualified student has enrolled in a school district on a full-
time basis.
(2) When a written agreement is suspended by the treasurer, the
treasurer shall notify the parent of the qualified student that the written
agreement has been suspended and that no transactions or disbursements
from the qualified student's account may be made during the suspension.
The notification shall specify the reason for the suspension and state that
the parent has 15 business days to respond and take corrective action. The
treasurer may terminate the written agreement if the parent refuses or fails
to:
(A) Respond, furnish any additional information or make any report
required for reinstatement within the 15-day period; or
(B) comply with section 7(d), and amendments thereto, after making
an unauthorized expenditure.
(3) A parent may terminate a written agreement at any time. To
terminate a written agreement, the parent shall notify the treasurer in
writing of such termination.
(4) When a written agreement is terminated, the account associated
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43 SB 469 8
with such agreement shall be deemed no longer active and the treasurer
shall close the account in accordance with section 8, and amendments
thereto.
New Sec. 7. (a) A parent shall only expend moneys in a qualified
student's account for the following expenses of the qualified student:
(1) Tuition or fees charged by a qualified school;
(2) textbooks and other supplies required by a qualified school;
(3) educational therapies or services provided by a licensed or
accredited education provider;
(4) tutoring services provided by a tutor who shall not be an
immediate family member of the qualified student;
(5) curriculum materials;
(6) uniforms purchased as required for attendance at a qualified
school;
(7) tuition or fees charged by an online learning program;
(8) contracted services from a public school district, including
individual classes;
(9) fees for any nationally standardized norm-referenced achievement
test, advanced placement examination or examination related to admission
to a postsecondary institution;
(10) tuition and fees charged by a postsecondary educational
institution;
(11) textbooks required by a postsecondary educational institution;
(12) fees or costs required to apply for or acquire occupational
licenses, certificates, apprenticeships or other professional qualifications;
(13) fees for transportation services approved by the board that are
used for transportation to and from a qualified school;
(14) computer hardware and technological devices primarily used for
educational purposes, including personal computers, laptops, tablet
devices, microscopes, telescopes and printers; and
(15) any other education expenses approved by the board.
(b) Money in a qualified student's account shall not be expended for
the following:
(1) Athletic training or coaching; or
(2) for qualified students schooled at home, instruction or tutoring
provided by an immediate family member.
(c) The content or religious nature of a product or service may not be
considered when determining whether payment for such product or service
is an allowable expenditure from an account.
(d) The treasurer shall notify the parent of any expenditures from a
qualified student's account that do not meet the requirements of subsection
(a). Such parent shall repay the cost of any such expenditures within 30
calendar days of notification by the treasurer. Any such expenditure that is
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43 SB 469 9
subsequently repaid shall be credited back to the account balance within
30 calendar days after the receipt of payment.
(e) The board or treasurer may refer cases of substantial misuse of
moneys to the attorney general for purposes of collection or criminal
investigation if the board or treasurer obtains evidence of fraudulent use of
an account.
New Sec. 8. (a) (1) There is hereby established in the state treasury
the sunflower education equity scholarship fund to be administered by the
state treasurer. Moneys in the sunflower education equity scholarship fund
shall be expended only for the purposes established in this act. All moneys
received pursuant to subsection (b) shall be deposited in the state treasury
in accordance with the provisions of K.S.A. 75-4215, and amendments
thereto, and shall be credited to the sunflower education equity scholarship
fund.
(2) On or before the 10
th
day of each month, the director of accounts
and reports shall transfer from the state general fund to the sunflower
education equity scholarship fund interest earnings based on:
(A) The average daily balance of moneys in the sunflower education
equity scholarship fund; and
(B) the net earnings rate of the pooled money investment portfolio for
the preceding month.
(b) On or before August 1 of each year, the treasurer shall determine
the amount to be transferred to the sunflower education equity scholarship
fund by multiplying an amount equal to the BASE aid by the total number
of qualified students participating in the program.
(c) During each regular legislative session, the treasurer shall provide
to the legislature an estimate of the amount required to fund sunflower
education equity scholarship accounts for the succeeding fiscal year.
(d) (1) Except as provided in paragraph (2) and if an account is
active, the treasurer shall transfer annually to a qualified student's account
in the sunflower education equity scholarship fund an amount equal to
95% of the BASE aid. The treasurer shall make such transfers in two
installments per school year: One installment in August and one
installment in January.
(2) If a qualified student enrolls in a school district on a part-time
basis, such qualified student or such student's parent shall notify the
treasurer, who shall prorate the amount to be transferred under paragraph
(1).
(e) Unless an account has been closed pursuant to subsection (h),
moneys remaining in an account at the end of a school year shall roll over
in such account to the next succeeding school year.
(f) A qualified school or other entity providing education services
purchased with moneys from an account shall not share, refund or rebate
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43 SB 469 10
any portion of such moneys to the parent or qualified student. Any such
refund or rebate shall be made directly into the qualified student's account.
(g) No personal deposits may be made into an account.
(h) (1) Each account shall remain active until:
(A) A written agreement is terminated pursuant to section 6, and
amendments thereto;
(B) a parent does not renew the qualified student's written agreement
for a period of three years and fails to timely respond to the notice sent by
the treasurer that the account will close in 60 calendar days if the written
agreement is not renewed;
(C) until the student's graduation from a postsecondary educational
institution; or
(D) four consecutive years have passed after a student's graduation
from high school or award of a high school equivalency certificate in
which the student is not enrolled in a postsecondary educational
institution.
(2) When the treasurer determines that an account is no longer active,
the treasurer shall close the account and certify the amount of moneys
remaining in the account to the director of accounts of reports. Such
certified amount shall be transferred from the closed account to the state
general fund.
(i) The treasurer shall deduct 5% of the BASE aid per qualified
student participating in the program as reimbursement for the
administrative costs of administering the program.
(j) The board may contract with private financial management firms
to manage scholarship accounts.
(k) Moneys in an account do not constitute taxable income to the
parent of the qualified student.
(l) The board shall conduct or contract to conduct annual financial
audits and random quarterly financial audits of sunflower education equity
scholarship accounts to ensure compliance with this act. The board shall
determine the scope of such audit and shall oversee such audit.
New Sec. 9. (a) A parent may appeal to the board any administrative
decision made by the board or treasurer pursuant to this act, including, but
not limited to, determinations of allowable expenses, removal from the
program or enrollment eligibility. The treasurer shall notify parents that
each parent may appeal any administrative decision made under this act
and the process by which the parent may appeal. The board shall establish
an appeals process.
(b) Parents may represent themselves or designate a representative
before any appeals hearing. Any designated representative who is not an
attorney may not charge for any service rendered in connection with such
hearing. The fact that a representative participated in the hearing or
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43 SB 469 11
assisted a parent is not grounds for reversing any administrative decision
or order if the evidence supporting the decision or order is substantial,
reliable and probative.
(c) If the board issues a stay of an account suspension in response to
an appeal of an administrative decision made by the board or the treasurer,
the board or treasurer shall not withhold funding or refuse to enter into an
agreement with the parent pursuant to section 6, and amendments thereto,
unless otherwise directed by the board.
New Sec. 10. (a) A tutor seeking to provide tutoring services to
qualified students shall apply to the board on a form and in a manner
determined by the board. Such application shall include the name, address
and phone number of the tutor. If the tutor has a website or email address,
such website or email address shall also be provided to the board.
(b) A school seeking approval as a qualified school that will accept
and serve qualified students shall apply to the board on a form and in a
manner determined by the board. Such application shall include the name
of the school, the name and title of the primary contact of such school and
the school's address, phone number and email address. The primary
contact of such school shall attest in writing to the school's intent to
provide instruction to all qualified students enrolled at such school in the
subjects of reading, grammar, mathematics, science and social studies.
New Sec. 11. (a) A qualified school shall provide qualified students
enrolled full time in such school instruction in reading, grammar,
mathematics, science and social studies. If any qualified students are
enrolled in the qualified school part time, the qualified school shall
provide a statement to the board declaring which of the above required
subjects and courses of instruction it is providing to part-time enrolled
qualified students.
(b) This section does not apply to the following:
(1) Any postsecondary educational institution with qualified students
enrolled in such institution;
(2) a qualified student with a disability, including, but not limited to,
a student:
(A) Eligible to receive services pursuant to article 34 of chapter 72 of
the Kansas Statutes Annotated, and amendments thereto;
(B) identified as having a disability under section 504 of the
rehabilitation act of 1973; or
(C) whose parent states in writing that such student has a disability.
No verification of a disability stated pursuant to this paragraph shall be
required.
(3) any qualified student attending school at home if such school is
provided by an immediate family member.
(c) This section shall not be construed to require any qualified school
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to provide instruction in any subject or course that is not reading,
grammar, mathematics, social studies and science.
New Sec. 12. (a) A qualified school with 50 or more qualified
students enrolled shall annually make available to parents of a qualified
student enrolled or seeking to be enrolled at such school the aggregate test
scores of either all students enrolled or all qualified students enrolled in
the qualified school the following examinations and assessments by school
building and grade level:
(1) Any nationally standardized norm-referenced achievement
examination or state assessment; and
(2) any examination related to college or university admissions that
assesses reading and mathematics.
(b) The parent of a qualified student may request that such student
take the state assessment at the school district where such student resides.
Such state assessment shall be provided by such school district upon
request and at no charge. The qualified student may take the state
assessment at the same time and date when such assessment is given to
students attending a school of the school district where such student
resides. The school district may allow a qualified student to take such
assessment at an alternative date and time if requested by the qualified
student's parent.
(c) (1) No information provided to the board or made available shall
include any data on a qualified student's personal feelings, attitudes,
beliefs or practices.
(2) The qualified school shall not disclose a qualified student's
identification or distribute or release any personally identifiable data of a
qualified student to a third party without the written consent of such
student's parent. Written consent shall be obtained for each instance of
such disclosure, distribution or release.
New Sec. 13. Nothing in this act shall be construed to permit any
governmental agency to exercise control or supervision over any
nonpublic school or home school. Any qualified school or tutor who
accepts a payment from a parent of a qualified student participating in the
program is not an agent of this state.
Sec. 14. K.S.A. 2023 Supp. 72-3120 is hereby amended to read as
follows: 72-3120. (a) Subject to the other provisions of this section, every
parent or person acting as parent in the state of Kansas, who has control
over or charge of any child who has reached the age of seven years and is
under the age of 18 years and has not attained a high school diploma, a
general educational development credential or a high school equivalency
credential, shall require such child to be regularly enrolled in and attend
continuously each school year:
(1) A public school for the duration of the school term provided for in
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K.S.A. 72-3115, and amendments thereto;
(2) a private, denominational or parochial school taught by a
competent instructor for a period of time which that is substantially
equivalent to the period of time public school is maintained in the school
district in which the private, denominational or parochial school is located;
or
(3) a combination of a public school and a private, denominational or
parochial school for the periods of time referred to in paragraphs (1) and
(2).
(b) If the child is 16 or 17 years of age, the child shall be exempt
from the compulsory attendance requirements of this section if:
(1) The child is regularly enrolled in and attending a program
recognized by the local board of education as an approved alternative
educational program;
(2) the parent or person acting as parent provides written consent to
allow the child to be exempt from the compulsory attendance requirements
of this section and the child and the parent or person acting as parent
attend a final counseling session conducted by the school during which a
disclaimer to encourage the child to remain in school or to pursue
educational alternatives is presented to and signed by the child and the
parent or person acting as parent. The disclaimer shall include information
regarding the academic skills that the child has not yet achieved, the
difference in future earning power between a high school graduate and a
high school drop out and a listing of educational alternatives that are
available for the child;
(3) the child is regularly enrolled in a school as required by
subsection (a) and is concurrently enrolled in a postsecondary educational
institution, as defined by K.S.A. 74-3201b, and amendments thereto; or
(4) the child is subject to a court order that allows or requires the
child to be exempt from the compulsory attendance requirements.
(c) A child who is a qualified student participating in the sunflower
education equity program pursuant to section 1 et seq., and amendments
thereto, shall be deemed to meet the requirements of this section.
(d) Any child who is under the age of seven years, but who is
enrolled in school, shall be subject to the compulsory attendance
requirements of this section. Any such child may be withdrawn from
enrollment in school at any time by a parent or person acting as parent of
the child, and thereupon, the child shall be exempt from the compulsory
attendance requirements of this section until the child reaches the age of
seven years or is re-enrolled in school.
(d)(e) Any child who is determined to be an exceptional child, except
for an exceptional child who is determined to be a gifted child, under the
provisions of the special education for exceptional children act shall be
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subject to the compulsory attendance requirements of such act and exempt
from the compulsory attendance requirements of this section.
(e)(f) Any child who has been admitted to, and is attending, the
Kansas academy of mathematics and science, as provided in K.S.A. 72-
3903 et seq., and amendments thereto, shall be exempt from the
compulsory attendance requirements of this section.
(f)(g) No child attending public school in this state shall be required
to participate in any activity which that is contrary to the religious
teachings of the child if a written statement signed by one of the parents or
a person acting as parent of the child is filed with the proper authorities of
the school attended requesting that the child not be required to participate
in such activities and stating the reason for the request.
(g)(h) When a recognized church or religious denomination that
objects to a regular public high school education provides, offers and
teaches, either individually or in cooperation with another recognized
church or religious denomination, a regularly supervised program of
instruction that is approved by the state board of education, for children of
compulsory school attendance age who have successfully completed the
eighth grade, participation in such a program of instruction by any such
children whose parents or persons acting as parents are members of the
sponsoring church or religious denomination shall be regarded as
acceptable school attendance within the meaning of this act. Approval of
such programs shall be granted by the state board of education, for two-
year periods, upon application from recognized churches and religious
denominations, under the following conditions:
(1) Each participating child shall be engaged, during each day on
which attendance is legally required in the public schools in the school
district in which the child resides, in at least five hours of learning
activities appropriate to the adult occupation that the child is likely to
assume in later years;
(2) acceptable learning activities, for the purposes of this subsection,
shall include projects supervised by a parent or person acting as parent in
agriculture and homemaking, work-study programs in cooperation with
local business and industry and correspondence courses from schools
accredited by the national home study council, recognized by the United
States office of education as the competent accrediting agency for private
home study schools;
(3) at least 15 hours per week of classroom work under the
supervision of an instructor shall be provided, at which time students shall
be required to file written reports of the learning activities they have
pursued since the time of the last class meeting, indicating the length of
time spent on each one, and the instructor shall examine and evaluate such
reports, approve plans for further learning activities and provide necessary
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assignments and instruction;
(4) regular attendance reports shall be filed as required by law, and
students shall be reported as absent for each school day on which they
have not completed the prescribed minimum of five hours of learning
activities;
(5) the instructor shall keep complete records concerning instruction
provided, assignments made and work pursued by the students, and these
records shall be filed on the first day of each month with the state board of
education and the board of education of the school district in which the
child resides;
(6) the instructor shall be capable of performing competently the
functions entrusted thereto; and
(7) in applying for approval under this subsection a recognized
church or religious denomination shall certify its objection to a regular
public high school education and shall specify, in such detail as the state
board of education may reasonably require, the program of instruction that
it intends to provide, and no such program shall be approved unless it fully
complies with standards specified by the state board of education.
If the sponsors of an instructional program approved under this
subsection fail to comply at any time with the provisions of this
subsection, the state board of education shall rescind, after a written
warning has been served and a period of three weeks allowed for
compliance, approval of the programs, even though the two-year approval
period has not elapsed, and thereupon, children attending such program
shall be admitted to a high school of the school district.
(h)(i) (1) Each board of education of a school district shall allow any
child to enroll part-time part time in the school district to allow the student
to attend any courses, programs or services offered by the school district if
the child:
(A) Is also enrolled in a nonaccredited private elementary or
secondary school pursuant to K.S.A. 72-4345, and amendments thereto, or
in any other private, denominational or parochial school pursuant to the
provisions of subsection (a);
(B) requests to enroll part-time part time in the school district; and
(C) meets the age of eligibility requirements for school attendance
pursuant to K.S.A. 72-3118, and amendments thereto.
(2) Each board of education of a school district shall adopt a policy
regarding the part-time enrollment of students pursuant to this subsection
and shall publish such policy on the school district's website. The board of
education of a school district shall make a good faith attempt to
accommodate scheduling requests of students enrolling in the school
district pursuant to this subsection but shall not be required to make
adjustments to accommodate every such request.
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(i)(j) As used in this section:
(1) "Educational alternatives" means an alternative learning plan for
the student that identifies educational programs that are located in the area
where the student resides and are designed to aid the student in obtaining a
high school diploma, general educational development credential or other
certification of completion, such as a career technical education industry
certification. Such alternative learning plans may include extended
learning opportunities such as independent study, private instruction,
performing groups, internships, community service, apprenticeships and
online coursework.
(2) "Parent" and "person acting as parent" mean the same as such
terms are defined in K.S.A. 72-3122, and amendments thereto.
(3) "Private school" includes competent, private instruction of a child
directed by a parent or a person acting as parent. "Private school" does
not include instruction provided pursuant to subsection (c).
(4) "Regularly enrolled" means enrolled in five or more hours of
instruction each school day. For the purposes of subsection (b)(3), hours of
instruction received at a postsecondary educational institution shall be
counted.
Sec. 15. K.S.A. 2023 Supp. 72-3120 is hereby repealed.
Sec. 16. This act shall take effect and be in force from and after its
publication in the statute book.
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