KS
Kansas Senate Bill SB469

Kansas 2023-2024 Regular Session

Kansas Senate Bill SB469 Compare Versions

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11 Session of 2024
22 SENATE BILL No. 469
33 By Committee on Education
44 2-6
55 AN ACT concerning education; establishing the sunflower education
66 equity act; providing savings accounts for students; establishing the
77 sunflower education equity scholarship fund; amending K.S.A. 2023
88 Supp. 72-3120 and repealing the existing section.
99 WHEREAS, The legislature affirms that a quality, individualized
1010 education provides an essential pathway to success, not only for each
1111 student but for the prosperity and stability of the state; and
1212 WHEREAS, Since 1925, in the United States supreme court case of
1313 Pierce v. Society of Sisters, the law has recognized that a child is not a
1414 mere creature of the state and that parents and guardians are possessed of
1515 the liberty to direct the upbringing and education of their children. The
1616 court stated: "The fundamental theory of liberty upon which all
1717 governments in this Union repose excludes any general power of the State
1818 to standardize its children by forcing them to accept instruction from
1919 public teachers only." Educational freedom ensures parental choice that
2020 considers the unique learning needs of each student in a learning
2121 environment that best aligns with the student's academic, socio-emotional
2222 and spiritual needs and directs and encourages life success; and
2323 WHEREAS, The sunflower education equity act affirms that equity in
2424 education means that all children shall receive what they need
2525 educationally regardless of their socioeconomic, racial or cultural status.
2626 The act affirms and promotes that all children, without preference or bias,
2727 are uniquely capable and worthy of meeting and exceeding the highest
2828 caliber of expectations in an environment that best promotes their unique
2929 qualities, abilities, needs and goals; and
3030 WHEREAS, The sunflower education equity act provides meaningful
3131 educational freedom while simultaneously protecting the freedom of
3232 parents to direct the education of their children.
3333 Now, therefore:
3434 Be it enacted by the Legislature of the State of Kansas:
3535 New Section 1. (a) Section 1 et seq., and amendments thereto, shall
3636 be known and may be cited as the sunflower education equity act.
3737 (b) As used in the sunflower education equity act:
3838 (1) "Account" means a sunflower education equity scholarship
3939 account.
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7676 (2) "BASE aid" means the same as defined in K.S.A. 72-5132, and
7777 amendments thereto, for the current school year.
7878 (3) "Board" means the sunflower education equity board established
7979 in section 3, and amendments thereto.
8080 (4) "Immediate family member" means a parent, sibling or any other
8181 relative of a qualified student who lives in the same residence as the
8282 qualified student.
8383 (5) "Parent" means a Kansas resident who is the parent, stepparent,
8484 legal guardian, custodian or other person with authority to act on behalf of
8585 a qualified student.
8686 (6) "Postsecondary educational institution" means the same as
8787 defined in K.S.A. 74-3201b, and amendments thereto, and includes any
8888 private postsecondary educational institution as defined in K.S.A. 74-
8989 32,163, and amendments thereto.
9090 (7) "Program" means the sunflower education equity scholarship
9191 program established pursuant to this act.
9292 (8) "Qualified school" means any school located in Kansas that is:
9393 (A) A nonpublic elementary or secondary school that has made
9494 application and received approval pursuant to this act; or
9595 (B) a preschool serving students with disabilities.
9696 (9) "Qualified student" means a resident of Kansas who is eligible to
9797 enroll in a public elementary or secondary school in this state and either:
9898 (A) Is eligible for free or reduced-priced meals under the national
9999 school lunch act or has an annual family income that is less than or equal
100100 to 250% of the federal poverty guidelines as determined annually in the
101101 federal register by the United States department of health and human
102102 services under 42 U.S.C. § 9902(2); or
103103 (B) is determined to be a child with a disability pursuant to K.S.A.
104104 72-3403 et seq., and amendments thereto.
105105 (10) "School district" means a school district organized under the
106106 laws of this state.
107107 (11) "Treasurer" means the state treasurer or the state treasurer's
108108 designee.
109109 New Sec. 2. (a) The sunflower education equity program is hereby
110110 established to recognize the right of parents to choose the educational
111111 environment that best serves their children. The program shall be
112112 administered pursuant to this act by the treasurer at the direction of the
113113 board.
114114 (b) The board shall provide general management and oversight of the
115115 program, administer the appeals process pursuant to section 9, and
116116 amendments thereto, and perform other duties as provided in this act.
117117 (c) The treasurer shall implement and administer the program at the
118118 direction of the board, accept applications, retain program data, establish
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162162 and administer accounts, administer the sunflower education equity
163163 scholarship fund established by section 8, and amendments thereto,
164164 establish and administer any technical processes and procedures required
165165 by this act and perform any other duties required by this act.
166166 (d) If the board or treasurer determines it is necessary, the state
167167 department of education shall cooperate and collaborate with the board or
168168 treasurer in the implementation or administration of the program.
169169 (e) Any qualified student who participates in the program and such
170170 student's parent shall be subject to the requirements of this act and any
171171 rules and regulations adopted hereunder. A student who does not
172172 participate in the program shall not be subject to such requirements.
173173 New Sec. 3. (a) There is hereby established the sunflower education
174174 equity board.
175175 (b) (1) The board shall consist of nine voting members and one non-
176176 voting member.
177177 (2) The voting members of the board include the following:
178178 (A) The treasurer, who shall serve as the chairperson of the board;
179179 (B) one member appointed by the president of the senate;
180180 (C) one member appointed by the speaker of the house of
181181 representatives;
182182 (D) one member appointed by the minority leader of the senate;
183183 (E)  one member appointed by the minority leader of the house of
184184 representatives;
185185 (F) the chairperson of the house of representatives education
186186 committee or the K-12 education budget committee as determined by the
187187 speaker of the house of representatives;
188188 (G) the chairperson of the senate education committee;
189189 (H) a parent with a qualified student in the program appointed by the
190190 governor; and
191191 (I) a representative of a qualified school appointed by the governor.
192192 (3) The non-voting member shall be a representative from the state
193193 department of education.
194194 (c) All members of the board shall be residents of Kansas.
195195 (d) (1) The members appointed by the governor shall serve an initial
196196 term of one year. The members appointed by the minority leader of the
197197 senate and the minority leader of the house of representatives shall serve
198198 an initial term of two years. The members appointed by the president of
199199 the senate and the speaker of the house of representatives shall serve an
200200 initial term of three years.
201201 (2) After the initial terms established by paragraph (1), appointed
202202 board members shall serve for four-year terms and are eligible for
203203 reappointment at the expiration of such member's initial term.
204204 (e) Any vacancy occurring on the board shall be filled in the same
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248248 manner as the initial appointment for the unexpired term being filled.
249249 (f) The board shall meet upon the call of the chairperson at least twice
250250 per year. A majority of the voting members of the board constitutes a
251251 quorum.
252252 (g) Members of the board attending meetings of such board or
253253 attending a subcommittee meeting thereof authorized by such board shall
254254 be paid compensation, subsistence allowance, mileage and other expenses
255255 as provided in K.S.A. 75-3223, and amendments thereto.
256256 New Sec. 4. (a) The board shall have the following powers and
257257 duties:
258258 (1) Oversee and manage the program;
259259 (2) advise the treasurer on the implementation and administration of
260260 the program;
261261 (3) determine the manner and form of the application to enroll in the
262262 program and establish an account;
263263 (4) pursuant to section 10, and amendments thereto, determine the
264264 manner and form of the application for approval as a qualified school or
265265 tutor and to receive payments from an account;
266266 (5) execute contracts or authorize the treasurer to execute contracts as
267267 necessary to carry out the requirements of this act;
268268 (6) hear and review appeals pursuant to section 9, and amendments
269269 thereto;
270270 (7) work with the state department of education as necessary for the
271271 program;
272272 (8) establish an appeals process in accordance with section 9, and
273273 amendments thereto;
274274 (9) conduct or contract to conduct financial audits of the use of
275275 account moneys;
276276 (10) establish or contract for the establishment of a telephone or
277277 online fraud reporting service;
278278 (11) establish or contract with a private entity for the establishment of
279279 a commercially viable and user friendly website, native application or
280280 mobile application that will establish digital spending accounts on behalf
281281 of qualified students and provide at least the following services:
282282 (A) Account management by the treasurer and parent of a qualified
283283 student;
284284 (B) payment processing by electronic funds transfer to a qualified
285285 school or other entity approved by the board;
286286 (C) reimbursement by electronic funds transfer to qualified school,
287287 tutor or other entity approved by the board;
288288 (D) monitoring and creating reports of transaction activity in real time
289289 by the treasurer;
290290 (E) allowing the treasurer to place an account on temporary hold
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334334 status;
335335 (F) a design that reduces the possibility of fraud, waste and abuse;
336336 and
337337 (G) data privacy and cyber security using best standards as
338338 determined by the board;
339339 (12) require a surety bond or insurance of at least $100,000 for
340340 education service providers serving more than five students annually. Such
341341 requirements shall not apply to an education service provider who is an
342342 immediate family member of a qualified student such provider is serving;
343343 (13) develop and update as necessary a handbook for program
344344 applicants and participants that includes, but is not limited to, information
345345 relating to policies and processes of sunflower education equity
346346 scholarship accounts; and
347347 (14) exercise such other powers and perform such other functions and
348348 duties provided in this act.
349349 (b) The board shall not disclose a qualified student's identification or
350350 distribute or release any personally identifiable data of a qualified student
351351 to a third party without the written consent of such student's parent.
352352 Written consent shall be obtained for each instance of such disclosure,
353353 distribution or release.
354354 New Sec. 5. (a) The treasurer shall maintain an explanation of at least
355355 the following information on the treasurer's website and provide an
356356 electronic or hard copy of such information to any parent whose child is a
357357 qualified student participating in the program prior to any expenditure
358358 from an account:
359359 (1) The allowable uses of money in an education equity scholarship
360360 account provided in section 7, and amendments thereto;
361361 (2) the responsibilities of a parent of a qualified student participating
362362 in the program;
363363 (3) the effect of participation in the program by qualified students
364364 with an individualized education program (IEP) or an education plan under
365365 section 504 of the rehabilitation act of 1973, 29 U.S.C. § 794 (section 504
366366 plan);
367367 (4) the appeals process established pursuant to section 9, and
368368 amendments thereto;
369369 (5) the handbook developed pursuant to section 4, and amendments
370370 thereto;
371371 (6) the duties of the treasurer; and
372372 (7) the duties of the board.
373373 (b) The state department of education shall include information about
374374 the program on the department's homepage and provide a link on such
375375 homepage to the treasurer's webpage about the program.
376376 New Sec. 6. (a) (1) To enroll in the program for the purpose of
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420420 establishing an account, the parent of a qualified student shall submit an
421421 application on a form and in a manner determined by the board.
422422 (2) If the parent of a qualified student who is schooled at home makes
423423 application to enroll in this program, such application does not constitute
424424 registration pursuant to K.S.A. 72-4346, and amendments thereto, and
425425 nothing in this act shall be construed to require a parent to register with the
426426 state department of education pursuant to K.S.A. 72-4346, and
427427 amendments thereto.
428428 (b) The treasurer shall:
429429 (1) Accept sunflower education equity applications throughout the
430430 school year;
431431 (2) enroll a qualified student in the program after receipt of a
432432 completed application and any other required documentation;
433433 (3) notify parents of the student's enrollment in the program within 30
434434 calendar days after receipt of completed application forms and other
435435 required documentation; and
436436 (4) provide parents the program information required by section 5,
437437 and amendments thereto.
438438 (c) The treasurer and parents may provide electronically any
439439 notifications, applications or documents required by this act. The treasurer
440440 shall confirm receipt of all notifications required by this act, whether
441441 provided by hard copy or electronically.
442442 (d) After enrollment in the program, the parent of a qualified student
443443 shall enter into a written agreement with the treasurer, in a manner and on
444444 a form provided by the board, to establish an account. Each such written
445445 agreement shall be approved by the board.
446446 (e) The written agreement shall provide the following:
447447 (1) Except as provided in section 11, and amendments thereto, a
448448 portion of moneys in the account shall be used to provide an education for
449449 the qualified student in at least the subjects of reading, grammar,
450450 mathematics, social studies and science;
451451 (2) after receiving the scholarship, the qualified student shall not
452452 enroll full time in a school of a school district;
453453 (3) no immediate family member of a qualified student may charge or
454454 collect payment, tuition or fees for any of the following, if provided to
455455 such qualified student:
456456 (A) Educational therapies or services; or
457457 (B) tutoring;
458458 (4) the money in a qualified student's account shall only be expended
459459 as authorized by this act;
460460 (5) any payments from an account for tuition shall only be made to a
461461 qualified school or a postsecondary educational institution;
462462 (6) the qualified student may accept a scholarship from a scholarship
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506506 granting organization pursuant to the tax credit for low income students
507507 scholarship program act, K.S.A. 72-4351 et seq., and amendments thereto,
508508 if such qualified student and such qualified student's parent meets the
509509 requirements of both programs; and
510510 (7) the parent of a qualified student shall comply with all
511511 requirements of this act and any rules and regulations adopted hereunder.
512512 (f) Upon execution of an initial written agreement, the treasurer shall
513513 notify the board, who shall provide final approval of such agreement.
514514 Upon approval, the treasurer shall authorize an account in the name of the
515515 qualified student.
516516 (g) One account shall be established for each qualified student. A
517517 parent acting on behalf of more than one qualified student shall have a
518518 separate account and separate written agreement for each qualified student.
519519 (h) A written agreement entered into pursuant to this section shall
520520 have a term of one year but may be suspended or terminated at any time
521521 pursuant to subsection (i). To continue receiving a scholarship, the parent
522522 of a qualified student shall renew the qualified student's account on an
523523 annual basis. The treasurer shall notify the parent of the renewal
524524 requirements at least 30 calendar days prior to the end of the written
525525 agreement's term.
526526 (i) (1) The treasurer may suspend a written agreement upon a
527527 determination that:
528528 (A) Money in an account has been used for purposes other than those
529529 allowed by this act;
530530 (B) the student is no longer a resident of Kansas; or
531531 (C) the qualified student has enrolled in a school district on a full-
532532 time basis.
533533 (2) When a written agreement is suspended by the treasurer, the
534534 treasurer shall notify the parent of the qualified student that the written
535535 agreement has been suspended and that no transactions or disbursements
536536 from the qualified student's account may be made during the suspension.
537537 The notification shall specify the reason for the suspension and state that
538538 the parent has 15 business days to respond and take corrective action. The
539539 treasurer may terminate the written agreement if the parent refuses or fails
540540 to:
541541 (A) Respond, furnish any additional information or make any report
542542 required for reinstatement within the 15-day period; or
543543 (B) comply with section 7(d), and amendments thereto, after making
544544 an unauthorized expenditure.
545545 (3) A parent may terminate a written agreement at any time. To
546546 terminate a written agreement, the parent shall notify the treasurer in
547547 writing of such termination.
548548 (4) When a written agreement is terminated, the account associated
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592592 with such agreement shall be deemed no longer active and the treasurer
593593 shall close the account in accordance with section 8, and amendments
594594 thereto.
595595 New Sec. 7. (a) A parent shall only expend moneys in a qualified
596596 student's account for the following expenses of the qualified student:
597597 (1) Tuition or fees charged by a qualified school;
598598 (2) textbooks and other supplies required by a qualified school;
599599 (3) educational therapies or services provided by a licensed or
600600 accredited education provider;
601601 (4) tutoring services provided by a tutor who shall not be an
602602 immediate family member of the qualified student;
603603 (5) curriculum materials;
604604 (6) uniforms purchased as required for attendance at a qualified
605605 school;
606606 (7) tuition or fees charged by an online learning program;
607607 (8) contracted services from a public school district, including
608608 individual classes;
609609 (9) fees for any nationally standardized norm-referenced achievement
610610 test, advanced placement examination or examination related to admission
611611 to a postsecondary institution;
612612 (10) tuition and fees charged by a postsecondary educational
613613 institution;
614614 (11) textbooks required by a postsecondary educational institution;
615615 (12) fees or costs required to apply for or acquire occupational
616616 licenses, certificates, apprenticeships or other professional qualifications;
617617 (13) fees for transportation services approved by the board that are
618618 used for transportation to and from a qualified school;
619619 (14) computer hardware and technological devices primarily used for
620620 educational purposes, including personal computers, laptops, tablet
621621 devices, microscopes, telescopes and printers; and
622622 (15) any other education expenses approved by the board.
623623 (b) Money in a qualified student's account shall not be expended for
624624 the following:
625625 (1) Athletic training or coaching; or
626626 (2) for qualified students schooled at home, instruction or tutoring
627627 provided by an immediate family member.
628628 (c) The content or religious nature of a product or service may not be
629629 considered when determining whether payment for such product or service
630630 is an allowable expenditure from an account.
631631 (d) The treasurer shall notify the parent of any expenditures from a
632632 qualified student's account that do not meet the requirements of subsection
633633 (a). Such parent shall repay the cost of any such expenditures within 30
634634 calendar days of notification by the treasurer. Any such expenditure that is
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678678 subsequently repaid shall be credited back to the account balance within
679679 30 calendar days after the receipt of payment.
680680 (e) The board or treasurer may refer cases of substantial misuse of
681681 moneys to the attorney general for purposes of collection or criminal
682682 investigation if the board or treasurer obtains evidence of fraudulent use of
683683 an account.
684684 New Sec. 8. (a) (1) There is hereby established in the state treasury
685685 the sunflower education equity scholarship fund to be administered by the
686686 state treasurer. Moneys in the sunflower education equity scholarship fund
687687 shall be expended only for the purposes established in this act. All moneys
688688 received pursuant to subsection (b) shall be deposited in the state treasury
689689 in accordance with the provisions of K.S.A. 75-4215, and amendments
690690 thereto, and shall be credited to the sunflower education equity scholarship
691691 fund.
692692 (2) On or before the 10
693693 th
694694 day of each month, the director of accounts
695695 and reports shall transfer from the state general fund to the sunflower
696696 education equity scholarship fund interest earnings based on:
697697 (A) The average daily balance of moneys in the sunflower education
698698 equity scholarship fund; and
699699 (B) the net earnings rate of the pooled money investment portfolio for
700700 the preceding month.
701701 (b) On or before August 1 of each year, the treasurer shall determine
702702 the amount to be transferred to the sunflower education equity scholarship
703703 fund by multiplying an amount equal to the BASE aid by the total number
704704 of qualified students participating in the program.
705705 (c) During each regular legislative session, the treasurer shall provide
706706 to the legislature an estimate of the amount required to fund sunflower
707707 education equity scholarship accounts for the succeeding fiscal year.
708708 (d) (1) Except as provided in paragraph (2) and if an account is
709709 active, the treasurer shall transfer annually to a qualified student's account
710710 in the sunflower education equity scholarship fund an amount equal to
711711 95% of the BASE aid. The treasurer shall make such transfers in two
712712 installments per school year: One installment in August and one
713713 installment in January.
714714 (2) If a qualified student enrolls in a school district on a part-time
715715 basis, such qualified student or such student's parent shall notify the
716716 treasurer, who shall prorate the amount to be transferred under paragraph
717717 (1).
718718 (e) Unless an account has been closed pursuant to subsection (h),
719719 moneys remaining in an account at the end of a school year shall roll over
720720 in such account to the next succeeding school year.
721721 (f) A qualified school or other entity providing education services
722722 purchased with moneys from an account shall not share, refund or rebate
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766766 any portion of such moneys to the parent or qualified student. Any such
767767 refund or rebate shall be made directly into the qualified student's account.
768768 (g) No personal deposits may be made into an account. 
769769 (h) (1) Each account shall remain active until:
770770 (A) A written agreement is terminated pursuant to section 6, and
771771 amendments thereto;
772772 (B) a parent does not renew the qualified student's written agreement
773773 for a period of three years and fails to timely respond to the notice sent by
774774 the treasurer that the account will close in 60 calendar days if the written
775775 agreement is not renewed;
776776 (C) until the student's graduation from a postsecondary educational
777777 institution; or
778778 (D) four consecutive years have passed after a student's graduation
779779 from high school or award of a high school equivalency certificate in
780780 which the student is not enrolled in a postsecondary educational
781781 institution.
782782 (2) When the treasurer determines that an account is no longer active,
783783 the treasurer shall close the account and certify the amount of moneys
784784 remaining in the account to the director of accounts of reports. Such
785785 certified amount shall be transferred from the closed account to the state
786786 general fund.
787787 (i) The treasurer shall deduct 5% of the BASE aid per qualified
788788 student participating in the program as reimbursement for the
789789 administrative costs of administering the program.
790790 (j) The board may contract with private financial management firms
791791 to manage scholarship accounts.  
792792 (k) Moneys in an account do not constitute taxable income to the
793793 parent of the qualified student.
794794 (l) The board shall conduct or contract to conduct annual financial
795795 audits and random quarterly financial audits of sunflower education equity
796796 scholarship accounts to ensure compliance with this act. The board shall
797797 determine the scope of such audit and shall oversee such audit.
798798 New Sec. 9. (a) A parent may appeal to the board any administrative
799799 decision made by the board or treasurer pursuant to this act, including, but
800800 not limited to, determinations of allowable expenses, removal from the
801801 program or enrollment eligibility. The treasurer shall notify parents that
802802 each parent may appeal any administrative decision made under this act
803803 and the process by which the parent may appeal. The board shall establish
804804 an appeals process.
805805 (b) Parents may represent themselves or designate a representative
806806 before any appeals hearing. Any designated representative who is not an
807807 attorney may not charge for any service rendered in connection with such
808808 hearing. The fact that a representative participated in the hearing or
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852852 assisted a parent is not grounds for reversing any administrative decision
853853 or order if the evidence supporting the decision or order is substantial,
854854 reliable and probative.
855855 (c) If the board issues a stay of an account suspension in response to
856856 an appeal of an administrative decision made by the board or the treasurer,
857857 the board or treasurer shall not withhold funding or refuse to enter into an
858858 agreement with the parent pursuant to section 6, and amendments thereto,
859859 unless otherwise directed by the board.
860860 New Sec. 10. (a) A tutor seeking to provide tutoring services to
861861 qualified students shall apply to the board on a form and in a manner
862862 determined by the board. Such application shall include the name, address
863863 and phone number of the tutor. If the tutor has a website or email address,
864864 such website or email address shall also be provided to the board.
865865 (b) A school seeking approval as a qualified school that will accept
866866 and serve qualified students shall apply to the board on a form and in a
867867 manner determined by the board. Such application shall include the name
868868 of the school, the name and title of the primary contact of such school and
869869 the school's address, phone number and email address. The primary
870870 contact of such school shall attest in writing to the school's intent to
871871 provide instruction to all qualified students enrolled at such school in the
872872 subjects of reading, grammar, mathematics, science and social studies.
873873 New Sec. 11. (a) A qualified school shall provide qualified students
874874 enrolled full time in such school instruction in reading, grammar,
875875 mathematics, science and social studies. If any qualified students are
876876 enrolled in the qualified school part time, the qualified school shall
877877 provide a statement to the board declaring which of the above required
878878 subjects and courses of instruction it is providing to part-time enrolled
879879 qualified students.
880880 (b) This section does not apply to the following:
881881 (1) Any postsecondary educational institution with qualified students
882882 enrolled in such institution;
883883 (2) a qualified student with a disability, including, but not limited to,
884884 a student:
885885 (A) Eligible to receive services pursuant to article 34 of chapter 72 of
886886 the Kansas Statutes Annotated, and amendments thereto;
887887 (B) identified as having a disability under section 504 of the
888888 rehabilitation act of 1973; or
889889 (C)  whose parent states in writing that such student has a disability.
890890 No verification of a disability stated pursuant to this paragraph shall be
891891 required.
892892 (3) any qualified student attending school at home if such school is
893893 provided by an immediate family member.
894894 (c) This section shall not be construed to require any qualified school
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938938 to provide instruction in any subject or course that is not reading,
939939 grammar, mathematics, social studies and science.
940940 New Sec. 12. (a) A qualified school with 50 or more qualified
941941 students enrolled shall annually make available to parents of a qualified
942942 student enrolled or seeking to be enrolled at such school the aggregate test
943943 scores of either all students enrolled or all qualified students enrolled in
944944 the qualified school the following examinations and assessments by school
945945 building and grade level:
946946 (1) Any nationally standardized norm-referenced achievement
947947 examination or state assessment; and
948948 (2) any examination related to college or university admissions that
949949 assesses reading and mathematics.
950950 (b) The parent of a qualified student may request that such student
951951 take the state assessment at the school district where such student resides.
952952 Such state assessment shall be provided by such school district upon
953953 request and at no charge. The qualified student may take the state
954954 assessment at the same time and date when such assessment is given to
955955 students attending a school of the school district where such student
956956 resides. The school district may allow a qualified student to take such
957957 assessment at an alternative date and time if requested by the qualified
958958 student's parent.
959959 (c) (1) No information provided to the board or made available shall
960960 include any data on a qualified student's personal feelings, attitudes,
961961 beliefs or practices.
962962 (2) The qualified school shall not disclose a qualified student's
963963 identification or distribute or release any personally identifiable data of a
964964 qualified student to a third party without the written consent of such
965965 student's parent. Written consent shall be obtained for each instance of
966966 such disclosure, distribution or release.
967967 New Sec. 13. Nothing in this act shall be construed to permit any
968968 governmental agency to exercise control or supervision over any
969969 nonpublic school or home school. Any qualified school or tutor who
970970 accepts a payment from a parent of a qualified student participating in the
971971 program is not an agent of this state.
972972 Sec. 14. K.S.A. 2023 Supp. 72-3120 is hereby amended to read as
973973 follows: 72-3120. (a) Subject to the other provisions of this section, every
974974 parent or person acting as parent in the state of Kansas, who has control
975975 over or charge of any child who has reached the age of seven years and is
976976 under the age of 18 years and has not attained a high school diploma, a
977977 general educational development credential or a high school equivalency
978978 credential, shall require such child to be regularly enrolled in and attend
979979 continuously each school year:
980980 (1) A public school for the duration of the school term provided for in
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10241024 K.S.A. 72-3115, and amendments thereto;
10251025 (2) a private, denominational or parochial school taught by a
10261026 competent instructor for a period of time which that is substantially
10271027 equivalent to the period of time public school is maintained in the school
10281028 district in which the private, denominational or parochial school is located;
10291029 or
10301030 (3) a combination of a public school and a private, denominational or
10311031 parochial school for the periods of time referred to in paragraphs (1) and
10321032 (2).
10331033 (b) If the child is 16 or 17 years of age, the child shall be exempt
10341034 from the compulsory attendance requirements of this section if:
10351035 (1) The child is regularly enrolled in and attending a program
10361036 recognized by the local board of education as an approved alternative
10371037 educational program;
10381038 (2) the parent or person acting as parent provides written consent to
10391039 allow the child to be exempt from the compulsory attendance requirements
10401040 of this section and the child and the parent or person acting as parent
10411041 attend a final counseling session conducted by the school during which a
10421042 disclaimer to encourage the child to remain in school or to pursue
10431043 educational alternatives is presented to and signed by the child and the
10441044 parent or person acting as parent. The disclaimer shall include information
10451045 regarding the academic skills that the child has not yet achieved, the
10461046 difference in future earning power between a high school graduate and a
10471047 high school drop out and a listing of educational alternatives that are
10481048 available for the child;
10491049 (3) the child is regularly enrolled in a school as required by
10501050 subsection (a) and is concurrently enrolled in a postsecondary educational
10511051 institution, as defined by K.S.A. 74-3201b, and amendments thereto; or
10521052 (4) the child is subject to a court order that allows or requires the
10531053 child to be exempt from the compulsory attendance requirements.
10541054 (c) A child who is a qualified student participating in the sunflower
10551055 education equity program pursuant to section 1 et seq., and amendments
10561056 thereto, shall be deemed to meet the requirements of this section.
10571057 (d) Any child who is under the age of seven years, but who is
10581058 enrolled in school, shall be subject to the compulsory attendance
10591059 requirements of this section. Any such child may be withdrawn from
10601060 enrollment in school at any time by a parent or person acting as parent of
10611061 the child, and thereupon, the child shall be exempt from the compulsory
10621062 attendance requirements of this section until the child reaches the age of
10631063 seven years or is re-enrolled in school.
10641064 (d)(e) Any child who is determined to be an exceptional child, except
10651065 for an exceptional child who is determined to be a gifted child, under the
10661066 provisions of the special education for exceptional children act shall be
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11101110 subject to the compulsory attendance requirements of such act and exempt
11111111 from the compulsory attendance requirements of this section.
11121112 (e)(f) Any child who has been admitted to, and is attending, the
11131113 Kansas academy of mathematics and science, as provided in K.S.A. 72-
11141114 3903 et seq., and amendments thereto, shall be exempt from the
11151115 compulsory attendance requirements of this section.
11161116 (f)(g) No child attending public school in this state shall be required
11171117 to participate in any activity which that is contrary to the religious
11181118 teachings of the child if a written statement signed by one of the parents or
11191119 a person acting as parent of the child is filed with the proper authorities of
11201120 the school attended requesting that the child not be required to participate
11211121 in such activities and stating the reason for the request.
11221122 (g)(h) When a recognized church or religious denomination that
11231123 objects to a regular public high school education provides, offers and
11241124 teaches, either individually or in cooperation with another recognized
11251125 church or religious denomination, a regularly supervised program of
11261126 instruction that is approved by the state board of education, for children of
11271127 compulsory school attendance age who have successfully completed the
11281128 eighth grade, participation in such a program of instruction by any such
11291129 children whose parents or persons acting as parents are members of the
11301130 sponsoring church or religious denomination shall be regarded as
11311131 acceptable school attendance within the meaning of this act. Approval of
11321132 such programs shall be granted by the state board of education, for two-
11331133 year periods, upon application from recognized churches and religious
11341134 denominations, under the following conditions:
11351135 (1) Each participating child shall be engaged, during each day on
11361136 which attendance is legally required in the public schools in the school
11371137 district in which the child resides, in at least five hours of learning
11381138 activities appropriate to the adult occupation that the child is likely to
11391139 assume in later years;
11401140 (2) acceptable learning activities, for the purposes of this subsection,
11411141 shall include projects supervised by a parent or person acting as parent in
11421142 agriculture and homemaking, work-study programs in cooperation with
11431143 local business and industry and correspondence courses from schools
11441144 accredited by the national home study council, recognized by the United
11451145 States office of education as the competent accrediting agency for private
11461146 home study schools;
11471147 (3) at least 15 hours per week of classroom work under the
11481148 supervision of an instructor shall be provided, at which time students shall
11491149 be required to file written reports of the learning activities they have
11501150 pursued since the time of the last class meeting, indicating the length of
11511151 time spent on each one, and the instructor shall examine and evaluate such
11521152 reports, approve plans for further learning activities and provide necessary
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11961196 assignments and instruction;
11971197 (4) regular attendance reports shall be filed as required by law, and
11981198 students shall be reported as absent for each school day on which they
11991199 have not completed the prescribed minimum of five hours of learning
12001200 activities;
12011201 (5) the instructor shall keep complete records concerning instruction
12021202 provided, assignments made and work pursued by the students, and these
12031203 records shall be filed on the first day of each month with the state board of
12041204 education and the board of education of the school district in which the
12051205 child resides;
12061206 (6) the instructor shall be capable of performing competently the
12071207 functions entrusted thereto; and
12081208 (7) in applying for approval under this subsection a recognized
12091209 church or religious denomination shall certify its objection to a regular
12101210 public high school education and shall specify, in such detail as the state
12111211 board of education may reasonably require, the program of instruction that
12121212 it intends to provide, and no such program shall be approved unless it fully
12131213 complies with standards specified by the state board of education.
12141214 If the sponsors of an instructional program approved under this
12151215 subsection fail to comply at any time with the provisions of this
12161216 subsection, the state board of education shall rescind, after a written
12171217 warning has been served and a period of three weeks allowed for
12181218 compliance, approval of the programs, even though the two-year approval
12191219 period has not elapsed, and thereupon, children attending such program
12201220 shall be admitted to a high school of the school district.
12211221 (h)(i) (1) Each board of education of a school district shall allow any
12221222 child to enroll part-time part time in the school district to allow the student
12231223 to attend any courses, programs or services offered by the school district if
12241224 the child:
12251225 (A) Is also enrolled in a nonaccredited private elementary or
12261226 secondary school pursuant to K.S.A. 72-4345, and amendments thereto, or
12271227 in any other private, denominational or parochial school pursuant to the
12281228 provisions of subsection (a);
12291229 (B) requests to enroll part-time part time in the school district; and
12301230 (C) meets the age of eligibility requirements for school attendance
12311231 pursuant to K.S.A. 72-3118, and amendments thereto.
12321232 (2) Each board of education of a school district shall adopt a policy
12331233 regarding the part-time enrollment of students pursuant to this subsection
12341234 and shall publish such policy on the school district's website. The board of
12351235 education of a school district shall make a good faith attempt to
12361236 accommodate scheduling requests of students enrolling in the school
12371237 district pursuant to this subsection but shall not be required to make
12381238 adjustments to accommodate every such request.
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12821282 (i)(j) As used in this section:
12831283 (1) "Educational alternatives" means an alternative learning plan for
12841284 the student that identifies educational programs that are located in the area
12851285 where the student resides and are designed to aid the student in obtaining a
12861286 high school diploma, general educational development credential or other
12871287 certification of completion, such as a career technical education industry
12881288 certification. Such alternative learning plans may include extended
12891289 learning opportunities such as independent study, private instruction,
12901290 performing groups, internships, community service, apprenticeships and
12911291 online coursework.
12921292 (2) "Parent" and "person acting as parent" mean the same as such
12931293 terms are defined in K.S.A. 72-3122, and amendments thereto.
12941294 (3) "Private school" includes competent, private instruction of a child
12951295 directed by a parent or a person acting as parent. "Private school" does
12961296 not include instruction provided pursuant to subsection (c).
12971297 (4) "Regularly enrolled" means enrolled in five or more hours of
12981298 instruction each school day. For the purposes of subsection (b)(3), hours of
12991299 instruction received at a postsecondary educational institution shall be
13001300 counted.
13011301 Sec. 15. K.S.A. 2023 Supp. 72-3120 is hereby repealed.
13021302 Sec. 16. This act shall take effect and be in force from and after its
13031303 publication in the statute book.
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