Kansas 2025-2026 Regular Session

Kansas House Bill HB2102 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Substitute for HOUSE BILL No. 2102
2		-	AN ACT concerning school districts; relating to enrollment; providing for the advance
3		-	enrollment of a military student whose parent or person acting as parent will be
4		-	stationed in this state; correcting federal statutory citations in the interstate compact
5		-	on educational opportunity for military children; amending K.S.A. 72-8268 and
6		-	repealing the existing section.
	1	+	Session of 2025
	2	+	HOUSE BILL No. 2102
	3	+	By Committee on Education
	4	+	Requested by Representative Chauncey
	5	+	1-27
	6	+	AN ACT concerning education; relating to school districts; providing for
	7	+	the advance enrollment of military students whose parent or person
	8	+	acting as parent will be stationed in this state; amending K.S.A. 2024
	9	+	Supp. 72-3128 and repealing the existing section.
7	10		Be it enacted by the Legislature of the State of Kansas:
8		-	New Section 1. (a) A school district shall enroll any military
9		-	student in kindergarten or any of the grades one through 12 prior to
10		-	such student physically residing in this state if such student provides
11		-	evidence that such student's parent or person acting as parent will be
12		-	stationed at a military installation in this state during the current or
13		-	immediately succeeding school year. No proof of address shall be
14		-	required at the time of such enrollment. Residency within the district
15		-	may be required for attendance if the school district does not have open
16		-	seats at the time of enrollment as determined by K.S.A. 72-3123, and
17		-	amendments thereto.
18		-	(b) If a school district offers a pre-kindergarten program, such
19		-	school district shall enroll any military student in such pre-kindergarten
20		-	program if such student is eligible to participate in such program and
21		-	such student provides evidence that such student's parent or person
22		-	acting as parent will be stationed at a military installation in this state
23		-	during the current or immediately succeeding school year. If the school
24		-	district has no open seats for such program, then such student shall be
25		-	placed on a waiting list for enrollment. Proof of address shall not be
26		-	required at the time of enrollment, but such proof may be required for
27		-	attendance. Nothing in this subsection shall be construed to require a
28		-	school district to offer a pre-kindergarten program that such school
29		-	district is not required to offer or does not currently offer.
30		-	(c) If such student has an individualized education program (IEP)
31		-	or a 504 plan, the school district shall take appropriate measures to
32		-	ensure such student will receive the required education and related
33		-	services upon attending school in the district.
34		-	(d) As used in this section, "military student" means the same as
35		-	defined in K.S.A. 72-5139, and amendments thereto.
36		-	Sec. 2. K.S.A. 72-8268 is hereby amended to read as follows: 72-
37		-	8268. The interstate compact on educational opportunity for military
38		-	children is hereby enacted into law and entered into with all
39		-	jurisdictions legally joining therein, in the form substantially as
40		-	follows:
41		-	Interstate Compact on Educational Opportunity for Military Children
42		-	ARTICLE I. PURPOSE
43		-	It is the purpose of this compact to remove barriers to educational
44		-	success imposed on children of military families because of frequent
45		-	moves and deployment of their parents by:
46		-	A. Facilitating the timely enrollment of children of military families
47		-	and ensuring that they are not placed at a disadvantage due to difficulty
48		-	in the transfer of educational records from the previous school district
49		-	or variations in entrance or age requirements.
50		-	B. Facilitating the student placement process through which
51		-	children of military families are not disadvantaged by variations in
52		-	attendance requirements, scheduling, sequencing, grading, course
53		-	content or assessment.
54		-	C. Facilitating the qualification and eligibility for enrollment,
55		-	educational programs, and participation in extracurricular academic,
56		-	athletic and social activities.
57		-	D. Facilitating the on-time graduation of children of military
58		-	families.
59		-	E. Providing for the promulgation and enforcement of
60		-	administrative rules implementing the provisions of this compact.
61		-	F. Providing for the uniform collection and sharing of information
62		-	between and among member states, schools and military families under
63		-	this compact.
64		-	G. Promoting coordination between this compact and other Substitute for HOUSE BILL No. 2102—page 2
65		-	compacts affecting military children.
66		-	H. Promoting flexibility and cooperation between the educational
67		-	system, parents and the student in order to achieve educational success
68		-	for the student.
69		-	ARTICLE II. DEFINITIONS
70		-	As used in this compact, unless the context clearly requires a
71		-	different construction:
72		-	A. "Active duty" means full-time duty status in the active uniformed
73		-	service of the United States, including members of the national guard
74		-	and reserve on active duty orders pursuant to 10 U.S.C. section chapter
75		-	1209 and 1211.
76		-	B. "Children of military families" means school-aged children,
77		-	enrolled in kindergarten or any of the grades one through 12, in the
78		-	household of an active duty member.
79		-	C. "Compact commissioner" means the voting representative of
80		-	each compacting state appointed pursuant to article VIII of this
81		-	compact.
82		-	D. "Deployment" means the period one month prior to the service
83		-	members' departure from their home station on military orders through
84		-	six months after return to their home station.
85		-	E. "Educational records" means those official records, files and data
86		-	directly related to a student and maintained by the school or local
87		-	education agency, including but not limited to records encompassing all
88		-	the material kept in the student's cumulative folder such as general
89		-	identifying data, records of attendance and of academic work
90		-	completed, records of achievement and results of evaluative tests,
91		-	health data, disciplinary status, test protocols and individualized
92		-	education programs.
93		-	F. "Extracurricular activities" means voluntary activities sponsored
94		-	by the school or local education agency or an organization sanctioned
95		-	by the local education agency. Extracurricular activities include, but are
96		-	not limited to, preparation for and involvement in public performances,
97		-	contests, athletic competitions, demonstrations, displays and club
98		-	activities.
99		-	G. "Interstate commission on educational opportunity for military
100		-	children" means the commission that is created under article IX of this
101		-	compact, which is generally referred to as interstate commission.
102		-	H. "Local education agency" means a public authority legally
103		-	constituted by the state as an administrative agency to provide control
104		-	of and direction for kindergarten and grades one through 12 in public
105		-	schools.
106		-	I. "Member state" means a state that has enacted this compact.
107		-	J. "Military installation" means a base, camp, post, station, yard,
108		-	center, homeport facility for any ship or other activity under the
109		-	jurisdiction of the department of defense, including any leased facility,
110		-	which is located within any of the several States, the District of
111		-	Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands,
112		-	Guam, American Samoa, the Northern Marianas Islands and any other
113		-	U.S. Territory. Such term does not include any facility used primarily
114		-	for civil works, rivers and harbors projects or flood control projects.
115		-	K. "Non-member state" means a state that has not enacted this
116		-	compact.
117		-	L. "Receiving state" means the state to which a child of a military
118		-	family is sent, brought or caused to be sent or brought.
119		-	M. "Rule" means a written statement by the interstate commission
120		-	promulgated pursuant to article XII of this compact that is of general
121		-	applicability, implements, interprets or prescribes a policy or provision
122		-	of the compact, or an organizational, procedural, or practice
123		-	requirement of the interstate commission, and has the force and effect
124		-	of statutory law in a member state, and includes the amendment, repeal,
125		-	or suspension of an existing rule.
126		-	N. "Sending state" means the state from which a child of a military
127		-	family is sent, brought or caused to be sent or brought. Substitute for HOUSE BILL No. 2102—page 3
128		-	O. "State" means a state of the United States, the District of
129		-	Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands,
130		-	Guam, American Samoa, the Northern Marianas Islands and any other
131		-	U.S. Territory.
132		-	P. "Student" means: the child of a military family for whom the local
133		-	education agency receives public funding and who is formally enrolled
134		-	in kindergarten or any of the grades one through 12.
135		-	Q. "Transition" means (1) the formal and physical process of
136		-	transferring from school to school or (2) the period of time in which a
137		-	student moves from one school in the sending state to another school in
138		-	the receiving state.
139		-	R. "Uniformed services" means the army, navy, air force, marine
140		-	corps, coast guard as well as the commissioned corps of the national
141		-	oceanic and atmospheric administration and public health services.
142		-	S. "Veteran" means a person who served in the uniformed services
143		-	and who was discharged or released there from under conditions other
144		-	than dishonorable.
145		-	ARTICLE III. APPLICABILITY
146		-	A. Except as otherwise provided in subsection B, this compact shall
147		-	apply to the children of:
148		-	1. Active duty members of the uniformed services as defined in this
149		-	compact, including members of the national guard and reserve on
150		-	active duty orders pursuant to 10 U.S.C. section chapter 1209 and
151		-	1211;
152		-	2. members or veterans of the uniformed services who are severely
153		-	injured and medically discharged or retired for a period of one year
154		-	after medical discharge or retirement; and
155		-	3. members of the uniformed services who die on active duty or as a
156		-	result of injuries sustained on active duty for a period of one year after
157		-	death.
158		-	B. The provisions of this interstate compact shall only apply to local
159		-	education agencies as defined in this compact.
160		-	C. The provisions of this compact shall not apply to the children of:
161		-	1. Inactive members of the national guard and military reserves;
162		-	2. members of the uniformed services now retired, except as
163		-	provided in paragraph 1;
164		-	3. veterans of the uniformed services, except as provided in
165		-	paragraph 1; and
166		-	4. other United States department of defense personnel and other
167		-	federal agency civilian and contract employees not defined as active
168		-	duty members of the uniformed services.
169		-	ARTICLE IV. EDUCATIONAL RECORDS & ENROLLMENT
170		-	A. Unofficial or "hand-carried" education records - In the event that
171		-	official education records cannot be released to the parents for the
172		-	purpose of transfer, the custodian of the records in the sending state
173		-	shall prepare and furnish to the parent a complete set of unofficial
174		-	educational records containing uniform information as determined by
175		-	the interstate commission. Upon receipt of the unofficial education
176		-	records by a school in the receiving state, the school shall enroll and
177		-	appropriately place the student based on the information provided in
178		-	the unofficial records pending validation by the official records, as
179		-	quickly as possible.
180		-	B. Official education records or transcripts - Simultaneous with the
181		-	enrollment and conditional placement of the student, the school in the
182		-	receiving state shall request the student's official education record from
183		-	the school in the sending state. Upon receipt of this request, the school
184		-	in the sending state will process and furnish the official education
185		-	records to the school in the receiving state within 10 days or within
186		-	such time as is reasonably determined under the rules promulgated by
187		-	the interstate commission.
188		-	C. Immunizations - Compacting states shall allow 30 days from the
189		-	date of enrollment or within such time as is reasonably determined Substitute for HOUSE BILL No. 2102—page 4
190		-	under the rules promulgated by the Interstate Commission, for students
191		-	to obtain any immunizations required by the receiving state. For a
192		-	series of immunizations, initial vaccinations must be obtained within 30
193		-	days or within such time as is reasonably determined under the rules
194		-	promulgated by the interstate commission.
195		-	D. Kindergarten and First grade entrance age - Students shall be
196		-	allowed to continue their enrollment at grade level in the receiving state
197		-	commensurate with their grade level from a local education agency in
198		-	the sending state at the time of transition, regardless of age. A student
199		-	that has satisfactorily completed the prerequisite grade level in the local
200		-	education agency in the sending state shall be eligible for enrollment in
201		-	the next highest grade level in the receiving state, regardless of age. A
202		-	student transferring after the start of the school year in the receiving
203		-	state shall enter the school in the receiving state on their validated level
204		-	from an accredited school in the sending state.
205		-	ARTICLE V. PLACEMENT & ATTENDANCE
206		-	A. Course placement - When the student transfers before or during
207		-	the school year, the receiving state school initially shall honor
208		-	placement of the student in educational courses based on the student's
209		-	enrollment in the sending state school or educational assessments
210		-	conducted at the school in the sending state if the courses are offered.
211		-	Course placement includes but is not limited to honors, international
212		-	baccalaureate, advanced placement, vocational, technical and career
213		-	pathways courses. Continuing the student's academic program from the
214		-	previous school and promoting placement in academically and career
215		-	challenging courses should be paramount when considering placement.
216		-	This does not preclude the school in the receiving state from
217		-	performing subsequent evaluations to ensure appropriate placement and
218		-	continued enrollment of the student in such courses.
219		-	B. Educational program placement - The receiving state school
220		-	initially shall honor placement of the student in educational programs
221		-	based on current educational assessments conducted at the school in the
222		-	sending state or participation or placement in like programs in the
223		-	sending state. Such programs include, but are not limited to, gifted and
224		-	talented programs and English as a second language (ESL). This does
225		-	not preclude the school in the receiving state from performing
226		-	subsequent evaluations to ensure appropriate placement of the student.
227		-	C. Special education services - (1) In compliance with the federal
228		-	requirements of the individuals with disabilities education act (IDEA),
229		-	20 U.S.C.A. section 1400 et seq., the receiving state initially shall
230		-	provide comparable services to a student with disabilities based on the
231		-	student's current individualized education program (IEP). (2) In
232		-	compliance with the requirements of section 504 of the rehabilitation
233		-	act, 29 U.S.C.A. section 794, and with Title II of the Americans with
234		-	disabilities act, 42 U.S.C.A. sections 12131-12165, the receiving state
235		-	shall make reasonable accommodations and modifications to address
236		-	the needs of incoming students with disabilities, subject to an existing
237		-	504 or Title II plan, to provide the student with equal access to
238		-	education. This does not preclude the school in the receiving state from
239		-	performing subsequent evaluations to ensure appropriate placement of
240		-	the student.
241		-	D. Placement flexibility - Local education agency administrative
242		-	officials shall have flexibility in waiving course and program
243		-	prerequisites or other preconditions for placement in courses and
244		-	programs offered under the jurisdiction of the local education agency.
245		-	E. Absence as related to deployment activities - A student whose
246		-	parent or legal guardian is an active duty member of the uniformed
247		-	services and has been called to duty for, is on leave from, or
248		-	immediately returned from deployment to a combat zone or combat
249		-	support posting, shall be granted additional excused absences at the
250		-	discretion of the local education agency superintendent to visit with the
251		-	student's parent or legal guardian relative to such leave or deployment
252		-	of the parent or guardian. Substitute for HOUSE BILL No. 2102—page 5
253		-	ARTICLE VI. ELIGIBILITY
254		-	A. Eligibility for enrollment:
255		-	1. Special power of attorney, relative to the guardianship of a child
256		-	of a military family and executed under applicable law shall be
257		-	sufficient for the purposes of enrollment and all other actions requiring
258		-	parental participation and consent.
259		-	2. A local education agency shall be prohibited from charging local
260		-	tuition to a transitioning military child placed in the care of a non-
261		-	custodial parent or other person standing in loco parentis who lives in a
262		-	jurisdiction other than that of the custodial parent.
263		-	3. A transitioning military child, placed in the care of a non-
264		-	custodial parent or other person standing in loco parentis who lives in a
265		-	jurisdiction other than that of the custodial parent, may continue to
266		-	attend the school in which the child was enrolled while residing with
267		-	the custodial parent.
268		-	B. Eligibility for extracurricular participation - State and local
269		-	education agencies shall facilitate the opportunity for transitioning
270		-	military children's inclusion in extracurricular activities, regardless of
271		-	application deadlines, to the extent they are otherwise qualified.
272		-	ARTICLE VII. GRADUATION
273		-	In order to facilitate the on-time graduation of children of military
274		-	families:
275		-	A. Waiver requirements - Local education agency administrative
276		-	officials shall waive specific courses required for graduation if similar
277		-	course work has been satisfactorily completed in another local
278		-	education agency or shall provide reasonable justification for denial.
279		-	Should a waiver not be granted to a student who would qualify to
280		-	graduate from the sending school, the local education agency shall
281		-	provide an alternative means of acquiring required coursework so that
282		-	graduation may occur on time.
283		-	B. Exit exams - States shall accept: (1) Exit or end-of-course exams
284		-	required for graduation from the sending state; or (2) national norm-
285		-	referenced achievement tests or (3) alternative testing, in lieu of testing
286		-	requirements for graduation in the receiving state. In the event the
287		-	above alternatives cannot be accommodated by the receiving state for a
288		-	student transferring in the senior year, then the provisions of paragraph
289		-	C of this article shall apply.
290		-	C. Transfers during senior year - Should a military student
291		-	transferring at the beginning or during the senior year be ineligible to
292		-	graduate from the receiving local education agency after all alternatives
293		-	have been considered, the sending and receiving local education
294		-	agencies shall ensure the receipt of a diploma from the sending local
295		-	education agency, if the student meets the graduation requirements of
296		-	the sending local education agency. In the event that one of the states in
297		-	question is not a member of this compact, the member state shall use
298		-	best efforts to facilitate the on-time graduation of the student in
299		-	accordance with paragraphs A and B of this article.
300		-	ARTICLE VIII. STATE COORDINATION
301		-	A. Each member state, through the creation of a state council or use
302		-	of an existing body or board, shall provide for the coordination among
303		-	its agencies of government, local education agencies and military
304		-	installations concerning the state's participation in, and compliance
305		-	with, this compact and interstate commission activities. While each
306		-	member state may determine the membership of its own state council,
307		-	its membership must include: The commissioner of education, a
308		-	superintendent of a school district with a high concentration of military
309		-	children, a representative from a military installation, one
310		-	representative each from the legislative and executive branches of
311		-	government and other offices and stakeholder groups the state council
312		-	deems appropriate. A member state that does not have a school district
313		-	deemed to contain a high concentration of military children may Substitute for HOUSE BILL No. 2102—page 6
314		-	appoint a superintendent from another school district to represent local
315		-	education agencies on the state council.
316		-	B. The state council of each member state shall appoint or designate
317		-	a military family education liaison to assist military families and the
318		-	state in facilitating the implementation of this compact.
319		-	C. The compact commissioner responsible for the administration
320		-	and management of the state's participation in the compact shall be
321		-	appointed by the governor or as otherwise determined by each member
322		-	state.
323		-	D. The compact commissioner and the military family education
324		-	liaison designated herein shall be ex-officio members of the state
325		-	council, unless either is already a full voting member of the state
326		-	council.
327		-	ARTICLE IX. INTERSTATE COMMISSION ON EDUCATIONAL
328		-	OPPORTUNITY FOR MILITARY CHILDREN
329		-	The member states hereby create the "interstate commission on
330		-	educational opportunity for military children." The activities of the
331		-	interstate commission are the formation of public policy and are a
332		-	discretionary state function. The interstate commission shall:
333		-	A. Be a body corporate and joint agency of the member states and
334		-	shall have all the responsibilities, powers and duties set forth herein,
335		-	and such additional powers as may be conferred upon it by a
336		-	subsequent concurrent action of the respective legislatures of the
337		-	member states in accordance with the terms of this compact.
338		-	B. Consist of one interstate commission voting representative from
339		-	each member state who shall be that state's compact commissioner.
340		-	1. Each member state represented at a meeting of the interstate
341		-	commission is entitled to one vote.
342		-	2. A majority of the total member states shall constitute a quorum
343		-	for the transaction of business, unless a larger quorum is required by
344		-	the bylaws of the interstate commission.
345		-	3. A representative shall not delegate a vote to another member
346		-	state. In the event the compact commissioner is unable to attend a
347		-	meeting of the interstate commission, the governor or state council may
348		-	delegate voting authority to another person from their state for a
349		-	specified meeting.
350		-	4. The bylaws may provide for meetings of the interstate
351		-	commission to be conducted by telecommunication or electronic
352		-	communication.
353		-	C. Consist of ex-officio, non-voting representatives who are
354		-	members of interested organizations. Such ex-officio members, as
355		-	defined in the bylaws, may include but not be limited to, members of
356		-	the representative organizations of military family advocates, local
357		-	education agency officials, parent and teacher groups, the United States
358		-	department of defense, the education commission of the states, the
359		-	interstate agreement on the qualification of educational personnel and
360		-	other interstate compacts affecting the education of children of military
361		-	members.
362		-	D. Meet at least once each calendar year. The chairperson may call
363		-	additional meetings and, upon the request of a simple majority of the
364		-	member states, shall call additional meetings.
365		-	E. Establish an executive committee, whose members shall include
366		-	the officers of the interstate commission and such other members of the
367		-	interstate commission as determined by the bylaws. Members of the
368		-	executive committee shall serve a one year term. Members of the
369		-	executive committee shall be entitled to one vote each. The executive
370		-	committee shall have the power to act on behalf of the interstate
371		-	commission, with the exception of rulemaking, during periods when
372		-	the interstate commission is not in session. The executive committee
373		-	shall oversee the day-to-day activities of the administration of the
374		-	compact including enforcement and compliance with the provisions of
375		-	the compact, its bylaws and rules, and other such duties as deemed
376		-	necessary. The United States department of defense, shall serve as an Substitute for HOUSE BILL No. 2102—page 7
377		-	ex-officio, nonvoting member of the executive committee.
378		-	F. Establish bylaws and rules that provide for conditions and
379		-	procedures under which the interstate commission shall make its
380		-	information and official records available to the public for inspection or
381		-	copying. The interstate commission may exempt from disclosure
382		-	information or official records to the extent they would adversely affect
383		-	personal privacy rights or proprietary interests.
384		-	G. Public notice shall be given by the interstate commission of all
385		-	meetings and all meetings shall be open to the public, except as set
386		-	forth in the rules or as otherwise provided in the compact. The
387		-	interstate commission and its committees may close a meeting, or
388		-	portion thereof, where it determines by two-thirds vote that an open
389		-	meeting would be likely to:
390		-	1. Relate solely to the interstate commission's internal personnel
391		-	practices and procedures;
392		-	2. disclose matters specifically exempted from disclosure by federal
393		-	and state statute;
394		-	3. disclose trade secrets or commercial or financial information
395		-	which is privileged or confidential;
396		-	4. involve accusing a person of a crime, or formally censuring a
397		-	person;
398		-	5. disclose information of a personal nature where disclosure would
399		-	constitute a clearly unwarranted invasion of personal privacy;
400		-	6. disclose investigative records compiled for law enforcement
401		-	purposes; or
402		-	7. specifically relate to the interstate commission's participation in a
403		-	civil action or other legal proceeding.
404		-	H. For a meeting, or portion of a meeting, closed pursuant to this
405		-	provision, the interstate commission's legal counsel or designee shall
406		-	certify that the meeting may be closed and shall reference each relevant
407		-	exemptible provision. The interstate commission shall keep minutes
408		-	which shall fully and clearly describe all matters discussed in a meeting
409		-	and shall provide a full and accurate summary of actions taken, and the
410		-	reasons therefore, including a description of the views expressed and
411		-	the record of a roll call vote. All documents considered in connection
412		-	with an action shall be identified in such minutes. All minutes and
413		-	documents of a closed meeting shall remain under seal, subject to
414		-	release by a majority vote of the interstate commission.
415		-	I. The interstate commission shall collect standardized data
416		-	concerning the educational transition of the children of military
417		-	families under this compact as directed through its rules which shall
418		-	specify the data to be collected, the means of collection and data
419		-	exchange and reporting requirements. Such methods of data collection,
420		-	exchange and reporting shall, in so far as is reasonably possible,
421		-	conform to current technology and coordinate its information functions
422		-	with the appropriate custodian of records as identified in the bylaws
423		-	and rules.
424		-	J. The interstate commission shall create a process that permits
425		-	military officials, education officials and parents to inform the interstate
426		-	commission if and when there are alleged violations of the compact or
427		-	its rules or when issues subject to the jurisdiction of the compact or its
428		-	rules are not addressed by the state or local education agency. This
429		-	section shall not be construed to create a private right of action against
430		-	the interstate commission or any member state.
431		-	ARTICLE X. POWERS AND DUTIES OF THE
432		-	INTERSTATE COMMISSION
433		-	The interstate commission shall have the power to:
434		-	A. Provide for dispute resolution among member states.
435		-	B. Promulgate rules and take all necessary actions to effect the
436		-	goals, purposes and obligations as enumerated in this compact. The
437		-	rules shall have the force and effect of statutory law and shall be
438		-	binding in the compact states to the extent and in the manner provided
439		-	in this compact. Substitute for HOUSE BILL No. 2102—page 8
440		-	C. Issue, upon request of a member state, advisory opinions
441		-	concerning the meaning or interpretation of the interstate compact, its
442		-	bylaws, rules and actions.
443		-	D. Enforce compliance with the compact provisions, the rules
444		-	promulgated by the interstate commission, and the bylaws, using all
445		-	necessary and proper means, including, but not limited to, the use of
446		-	judicial process.
447		-	E. Establish and maintain offices which shall be located within one
448		-	or more of the member states.
449		-	F. Purchase and maintain insurance and bonds.
450		-	G. Borrow, accept, hire or contract for services of personnel.
451		-	H. Establish and appoint committees including, but not limited to,
452		-	an executive committee as required by article IX, which shall have the
453		-	power to act on behalf of the interstate commission in carrying out its
454		-	powers and duties hereunder.
455		-	I. Elect or appoint such officers, attorneys, employees, agents, or
456		-	consultants, and to fix their compensation, define their duties and
457		-	determine their qualifications; and to establish the interstate
458		-	commission's personnel policies and programs relating to conflicts of
459		-	interest, rates of compensation, and qualifications of personnel.
460		-	J. Accept any and all donations and grants of money, equipment,
461		-	supplies, materials and services, and to receive, utilize, and dispose of
462		-	it.
463		-	K. Lease, purchase, accept contributions or donations of, or
464		-	otherwise to own, hold, improve or use any property, real, personal or
465		-	mixed.
466		-	L. Sell, convey, mortgage, pledge, lease, exchange, abandon, or
467		-	otherwise dispose of any property, real, personal or mixed.
468		-	M. Establish a budget and make expenditures.
469		-	N. Adopt a seal and bylaws governing the management and
470		-	operation of the interstate commission.
471		-	O. Report annually to the legislatures, governors, judiciary, and state
472		-	councils of the member states concerning the activities of the interstate
473		-	commission during the preceding year. Such reports shall also include
474		-	any recommendations that may have been adopted by the interstate
475		-	commission.
476		-	P. Coordinate education, training and public awareness regarding the
477		-	compact, its implementation and operation for officials and parents
478		-	involved in such activity.
479		-	Q. Establish uniform standards for the reporting, collecting and
480		-	exchanging of data.
481		-	R. Maintain corporate books and records in accordance with the
482		-	bylaws.
483		-	S. Perform such functions as may be necessary or appropriate to
484		-	achieve the purposes of this compact.
485		-	T. Provide for the uniform collection and sharing of information
486		-	between and among member states, schools and military families under
487		-	this compact.
488		-	ARTICLE XI. ORGANIZATION AND OPERATION OF THE
489		-	INTERSTATE COMMISSION
490		-	A. The interstate commission, by a majority of the members present
491		-	and voting, within 12 months after the first interstate commission
492		-	meeting, shall adopt bylaws to govern its conduct as may be necessary
493		-	or appropriate to carry out the purposes of the compact, including, but
494		-	not limited to:
495		-	1. Establishing the fiscal year of the interstate commission;
496		-	2. establishing an executive committee, and such other committees
497		-	as may be necessary;
498		-	3. providing for the establishment of committees and for governing
499		-	any general or specific delegation of authority or function of the
500		-	interstate commission;
501		-	4. providing reasonable procedures for calling and conducting
502		-	meetings of the interstate commission, and ensuring reasonable notice Substitute for HOUSE BILL No. 2102—page 9
503		-	of each such meeting;
504		-	5. establishing the titles and responsibilities of the officers and staff
505		-	of the interstate commission;
506		-	6. providing a mechanism for concluding the operations of the
507		-	interstate commission and the return of surplus funds that may exist
508		-	upon the termination of the compact after the payment and reserving of
509		-	all of its debts and obligations; and
510		-	7. providing "start up" rules for initial administration of the
511		-	compact.
512		-	B. The interstate commission, by a majority of the members, shall
513		-	elect annually from among its members a chairperson, a vice-
514		-	chairperson, and a treasurer, each of whom shall have such authority
515		-	and duties as may be specified in the bylaws. The chairperson or, in the
516		-	chairperson's absence or disability, the vice-chairperson, shall preside at
517		-	all meetings of the interstate commission. The officers so elected shall
518		-	serve without compensation or remuneration from the interstate
519		-	commission. Subject to the availability of budgeted funds, the officers
520		-	shall be reimbursed for ordinary and necessary costs and expenses
521		-	incurred by them in the performance of their responsibilities as officers
522		-	of the interstate commission.
523		-	C. Executive Committee, Officers and Personnel
524		-	1. The executive committee shall have such authority and duties as
525		-	may be set forth in the bylaws, including but not limited to:
526		-	a. Managing the affairs of the interstate commission in a manner
527		-	consistent with the bylaws and purposes of the interstate commission;
528		-	b. overseeing an organizational structure within, and appropriate
529		-	procedures for the interstate commission to provide for the creation of
530		-	rules, operating procedures, and administrative and technical support
531		-	functions; and
532		-	c. planning, implementing, and coordinating communications and
533		-	activities with other state, federal and local government organizations
534		-	in order to advance the goals of the interstate commission.
535		-	2. The executive committee may, subject to the approval of the
536		-	interstate commission, appoint or retain an executive director for such
537		-	period, upon such terms and conditions and for such compensation, as
538		-	the interstate commission may deem appropriate. The executive
539		-	director shall serve as secretary to the interstate commission, but shall
540		-	not be a member of the interstate commission. The executive director
541		-	shall hire and supervise such other persons as may be authorized by the
542		-	interstate commission.
543		-	D. The interstate commission's executive director and its employees
544		-	shall be immune from suit and liability, either personally or in their
545		-	official capacity, for a claim for damage to or loss of property or
546		-	personal injury or other civil liability caused by or arising out of or
547		-	relating to an actual or alleged act, error, or omission that occurred, or
548		-	that such person had a reasonable basis for believing occurred, within
549		-	the scope of interstate commission employment, duties, or
550		-	responsibilities; provided, that such person shall not be protected from
551		-	suit or liability for damage, loss, injury, or liability caused by the
552		-	intentional or willful and wanton misconduct of such person.
553		-	1. The liability of the interstate commission's executive director and
554		-	employees or interstate commission representatives, acting within the
555		-	scope of such person's employment or duties for acts, errors, or
556		-	omissions occurring within such person's state may not exceed the
557		-	limits of liability set forth under the constitution and laws of that state
558		-	for state officials, employees, and agents. The interstate commission is
559		-	considered to be an instrumentality of the states for the purposes of any
560		-	such action. Nothing in this subsection shall be construed to protect
561		-	such person from suit or liability for damage, loss, injury, or liability
562		-	caused by the intentional or willful and wanton misconduct of such
563		-	person.
564		-	2. The interstate commission shall defend the executive director and
565		-	its employees and, subject to the approval of the attorney general or
566		-	other appropriate legal counsel of the member state represented by an Substitute for HOUSE BILL No. 2102—page 10
567		-	interstate commission representative, shall defend such interstate
568		-	commission representative in any civil action seeking to impose
569		-	liability arising out of an actual or alleged act, error or omission that
570		-	occurred within the scope of interstate commission employment, duties
571		-	or responsibilities, or that the defendant had a reasonable basis for
572		-	believing occurred within the scope of interstate commission
573		-	employment, duties, or responsibilities, provided that the actual or
574		-	alleged act, error, or omission did not result from intentional or willful
575		-	and wanton misconduct on the part of such person.
576		-	3. To the extent not covered by the state involved, member state, or
577		-	the interstate commission, the representatives or employees of the
578		-	interstate commission shall be held harmless in the amount of a
579		-	settlement or judgment, including attorney's fees and costs, obtained
580		-	against such persons arising out of an actual or alleged act, error, or
581		-	omission that occurred within the scope of interstate commission
582		-	employment, duties, or responsibilities, or that such persons had a
583		-	reasonable basis for believing occurred within the scope of interstate
584		-	commission employment, duties, or responsibilities, provided that the
585		-	actual or alleged act, error, or omission did not result from intentional
586		-	or willful and wanton misconduct on the part of such persons.
587		-	ARTICLE XII. RULEMAKING FUNCTIONS OF THE
588		-	INTERSTATE COMMISSION
589		-	A. Rulemaking Authority - The interstate commission shall
590		-	promulgate reasonable rules in order to effectively and efficiently
591		-	achieve the purposes of this compact. Notwithstanding the foregoing,
592		-	in the event the interstate commission exercises its rulemaking
593		-	authority in a manner that is beyond the scope of the purposes of this
594		-	act, or the powers granted hereunder, then such an action by the
595		-	interstate commission shall be invalid and have no force or effect.
596		-	B. Rulemaking Procedure - Rules shall be made pursuant to a
597		-	rulemaking process that substantially conforms to the "model state
598		-	administrative procedure act," of 1981 Act, uniform laws annotated,
599		-	Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations
600		-	of the interstate commission.
601		-	C. Not later than 30 days after a rule is promulgated, any person
602		-	may file a petition for judicial review of the rule; provided, that the
603		-	filing of such a petition shall not stay or otherwise prevent the rule from
604		-	becoming effective unless the court finds that the petitioner has a
605		-	substantial likelihood of success. The court shall give deference to the
606		-	actions of the interstate commission consistent with applicable law and
607		-	shall not find the rule to be unlawful if the rule represents a reasonable
608		-	exercise of the interstate commission's authority.
609		-	D. If a majority of the legislatures of the compacting states rejects a
610		-	rule by enactment of a statute or resolution in the same manner used to
611		-	adopt the compact, then such rule shall have no further force and effect
612		-	in any compacting state.
613		-	ARTICLE XIII. OVERSIGHT, ENFORCEMENT, AND
614		-	DISPUTE RESOLUTION
615		-	A. Oversight
616		-	1. The executive, legislative and judicial branches of state
617		-	government in each member state shall enforce this compact and shall
618		-	take all actions necessary and appropriate to effectuate the compact's
619		-	purposes and intent. The provisions of this compact and the rules
620		-	promulgated hereunder shall have standing as statutory law.
621		-	2. All courts shall take judicial notice of the compact and the rules in
622		-	any judicial or administrative proceeding in a member state pertaining
623		-	to the subject matter of this compact which may affect the powers,
624		-	responsibilities or actions of the interstate commission.
625		-	3. The interstate commission shall be entitled to receive all service
626		-	of process in any such proceeding, and shall have standing to intervene
627		-	in the proceeding for all purposes. Failure to provide service of process
628		-	to the interstate commission shall render a judgment or order void as to Substitute for HOUSE BILL No. 2102—page 11
629		-	the interstate commission, this compact or promulgated rules.
630		-	B. Default, Technical Assistance, Suspension and Termination - If
631		-	the interstate commission determines that a member state has defaulted
632		-	in the performance of its obligations or responsibilities under this
633		-	compact, or the bylaws or promulgated rules, the interstate commission
634		-	shall:
635		-	1. Provide written notice to the defaulting state and other member
636		-	states, of the nature of the default, the means of curing the default and
637		-	any action taken by the interstate commission. The interstate
638		-	commission shall specify the conditions by which the defaulting state
639		-	must cure its default.
640		-	2. Provide remedial training and specific technical assistance
641		-	regarding the default.
642		-	3. If the defaulting state fails to cure the default, the defaulting state
643		-	shall be terminated from the compact upon an affirmative vote of a
644		-	majority of the member states and all rights, privileges and benefits
645		-	conferred by this compact shall be terminated from the effective date of
646		-	termination. A cure of the default does not relieve the offending state of
647		-	obligations or liabilities incurred during the period of the default.
648		-	4. Suspension or termination of membership in the compact shall be
649		-	imposed only after all other means of securing compliance have been
650		-	exhausted. Notice of intent to suspend or terminate shall be given by
651		-	the interstate commission to the governor, the majority and minority
652		-	leaders of the defaulting state's legislature, and each of the member
653		-	states.
654		-	5. The state which has been suspended or terminated is responsible
655		-	for all assessments, obligations and liabilities incurred through the
656		-	effective date of suspension or termination including obligations, the
657		-	performance of which extends beyond the effective date of suspension
658		-	or termination.
659		-	6. The interstate commission shall not bear any costs relating to any
660		-	state that has been found to be in default or which has been suspended
661		-	or terminated from the compact, unless otherwise mutually agreed upon
662		-	in writing between the interstate commission and the defaulting state.
663		-	7. The defaulting state may appeal the action of the interstate
664		-	commission by petitioning the United States district court for the
665		-	District of Columbia or the federal district where the interstate
666		-	commission has its principal offices. The prevailing party shall be
667		-	awarded all costs of such litigation including reasonable attorney's fees.
668		-	C. Dispute Resolution
669		-	1. The interstate commission shall attempt, upon the request of a
670		-	member state, to resolve disputes which are subject to the compact and
671		-	which may arise among member states and between member and non-
672		-	member states.
673		-	2. The interstate commission shall promulgate a rule providing for
674		-	both mediation and binding dispute resolution for disputes as
675		-	appropriate.
676		-	D. Enforcement
677		-	1. The interstate commission, in the reasonable exercise of its
678		-	discretion, shall enforce the provisions and rules of this compact.
679		-	2. The interstate commission, by majority vote of the members, may
680		-	initiate legal action in the United States district court for the District of
681		-	Columbia or, at the discretion of the interstate commission, in the
682		-	federal district where the interstate commission has its principal offices,
683		-	to enforce compliance with the provisions of the compact, its
684		-	promulgated rules and bylaws, against a member state in default. The
685		-	relief sought may include both injunctive relief and damages. In the
686		-	event judicial enforcement is necessary the prevailing party shall be
687		-	awarded all costs of such litigation including reasonable attorney's fees.
688		-	3. The remedies herein shall not be the exclusive remedies of the
689		-	interstate commission. The interstate commission may avail itself of
690		-	any other remedies available under state law or the regulation of a
691		-	profession. Substitute for HOUSE BILL No. 2102—page 12
692		-	ARTICLE XIV. FINANCING OF THE INTERSTATE COMMISSION
693		-	A. The interstate commission shall pay, or provide for the payment
694		-	of the reasonable expenses of its establishment, organization and
695		-	ongoing activities.
696		-	B. The interstate commission may levy on and collect an annual
697		-	assessment from each member state to cover the cost of the operations
698		-	and activities of the interstate commission and its staff which must be
699		-	in a total amount sufficient to cover the interstate commission's annual
700		-	budget as approved each year. The aggregate annual assessment
701		-	amount shall be allocated based upon a formula to be determined by the
702		-	interstate commission, which shall promulgate a rule binding upon all
703		-	member states.
704		-	C. The interstate commission shall not incur obligations of any kind
705		-	prior to securing the funds adequate to meet the same. The interstate
706		-	commission shall not pledge the credit of any of the member states,
707		-	except by and with the authority of the member state.
708		-	D. The interstate commission shall keep accurate accounts of all
709		-	receipts and disbursements. The receipts and disbursements of the
710		-	interstate commission shall be subject to the audit and accounting
711		-	procedures established under its bylaws. All receipts and disbursements
712		-	of funds handled by the interstate commission shall be audited yearly
713		-	by a certified or licensed public accountant and the report of the audit
714		-	shall be included in and become part of the annual report of the
715		-	interstate commission.
716		-	ARTICLE XV. MEMBER STATES, EFFECTIVE DATE
717		-	AND AMENDMENT
718		-	A. Any state is eligible to become a member state.
719		-	B. The compact shall become effective and binding upon legislative
720		-	enactment of the compact into law by no less than 10 of the states. The
721		-	effective date shall be no earlier than December 1, 2007. Thereafter it
722		-	shall become effective and binding as to any other member state upon
723		-	enactment of the compact into law by that state. The governors of non-
724		-	member states or their designees shall be invited to participate in the
725		-	activities of the interstate commission on a non-voting basis prior to
726		-	adoption of the compact by all states.
727		-	C. The interstate commission may propose amendments to the
728		-	compact for enactment by the member states. No amendment shall
729		-	become effective and binding upon the interstate commission and the
730		-	member states unless and until it is enacted into law by unanimous
731		-	consent of the member states.
732		-	ARTICLE XVI. WITHDRAWAL AND DISSOLUTION
733		-	A. Withdrawal
734		-	1. Once effective, the compact shall continue in force and remain
735		-	binding upon each and every member state. A member state may
736		-	withdraw from the compact specifically repealing the statute, which
737		-	enacted the compact into law.
738		-	2. Withdrawal from this compact shall be by the enactment of a
739		-	statute repealing the same, but shall not take effect until one year after
740		-	the effective date of such statute and until written notice of the
741		-	withdrawal has been given by the withdrawing state to the governor of
742		-	each other member jurisdiction.
743		-	3. The withdrawing state immediately shall notify the chairperson of
744		-	the interstate commission in writing upon the introduction of legislation
745		-	repealing this compact in the withdrawing state. The interstate
746		-	commission shall notify the other member states of the withdrawing
747		-	state's intent to withdraw within 60 days of its receipt thereof.
748		-	4. The withdrawing state is responsible for all assessments,
749		-	obligations and liabilities incurred through the effective date of
750		-	withdrawal, including obligations, the performance of which extend
751		-	beyond the effective date of withdrawal.
752		-	5. Reinstatement following withdrawal of a member state shall Substitute for HOUSE BILL No. 2102—page 13
753		-	occur upon the withdrawing state reenacting the compact or upon such
754		-	later date as determined by the interstate commission.
755		-	B. Dissolution of Compact
756		-	1. This compact shall dissolve effective upon the date of the
757		-	withdrawal or default of the member state which reduces the
758		-	membership in the compact to one member state.
759		-	2. Upon the dissolution of this compact, the compact becomes null
760		-	and void and shall be of no further force or effect, and the business and
761		-	affairs of the interstate commission shall be concluded and surplus
762		-	funds shall be distributed in accordance with the bylaws.
763		-	ARTICLE XVII. SEVERABILITY AND CONSTRUCTION
764		-	A. The provisions of this compact shall be severable, and if any
765		-	phrase, clause, sentence or provision is deemed unenforceable, the
766		-	remaining provisions of the compact shall be enforceable.
767		-	B. The provisions of this compact shall be liberally construed to
768		-	effectuate its purposes.
769		-	C. Nothing in this compact shall be construed to prohibit the
770		-	applicability of other interstate compacts to which the states are
771		-	members.
772		-	ARTICLE XVIII. BINDING EFFECT OF COMPACT
773		-	AND OTHER LAWS
774		-	A. Other Laws
775		-	1. Nothing herein prevents the enforcement of any other law of a
776		-	member state that is not inconsistent with this compact.
777		-	2. All member states' laws conflicting with this compact are
778		-	superseded to the extent of the conflict.
779		-	B. Binding Effect of the Compact
780		-	1. All lawful actions of the interstate commission, including all rules
781		-	and bylaws promulgated by the interstate commission, are binding
782		-	upon the member states.
783		-	2. All agreements between the interstate commission and the
784		-	member states are binding in accordance with their terms.
785		-	3. In the event any provision of this compact exceeds the
786		-	constitutional limits imposed on the legislature of any member state,
787		-	such provision shall be ineffective to the extent of the conflict with the
788		-	constitutional provision in question in that member state. Substitute for HOUSE BILL No. 2102—page 14
789		-	Sec. 3. K.S.A. 72-8268 is hereby repealed.
790		-	Sec. 4. This act shall take effect and be in force from and after its
	11	+	Section 1. K.S.A. 2024 Supp. 72-3128 is hereby amended to read as
	12	+	follows: 72-3128. (a) Except as otherwise provided in subsection
	13	+	subsections (b) and (c), in each school year, if a school district has open
	14	+	seats remaining after completion of the nonresident student transfer
	15	+	application process established pursuant to K.S.A. 72-3123, and
	16	+	amendments thereto, the board of education of the school district may
	17	+	consider applications for enrollment submitted by students who are
	18	+	residents of another state. The board of education of the school district
	19	+	shall give priority to nonresident students who reside in Kansas over those
	20	+	students who reside in another state prior to considering applications
	21	+	submitted by students who are residents of another state.
	22	+	(b) If a student who is a resident of another state has a parent or
	23	+	person acting as parent employed by a school district in this state, the
	24	+	board of education of such school district may permit such student to
	25	+	enroll in and attend the school district as if the student is a resident of the
	26	+	school district.
	27	+	(c) A military student, as defined in K.S.A. 72-5139, and amendments
	28	+	thereto, who provides evidence that such student's parent or person acting
	29	+	as parent will be stationed at a military installation in this state during the
	30	+	current or immediately succeeding school year, shall be permitted to
	31	+	enroll in the school district where such student will reside in advance of
	32	+	such student's physical residency in this state.
	33	+	Sec. 2. K.S.A. 2024 Supp. 72-3128 is hereby repealed.
	34	+	Sec. 3. This act shall take effect and be in force from and after its
791	35		publication in the statute book.
792		-	I hereby certify that the above BILL originated in the HOUSE, and passed
793		-	that body
794		-	Speaker of the House.
795		-	Chief Clerk of the House.
796		-
797		-	Passed the SENATE ______________________________________________________________________________
798		-	President of the Senate.
799		-	Secretary of the Senate.
800		-	APPROVED __________________________________________________________________________________________________
801		-	Governor.
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