Session of 2025
HOUSE BILL No. 2320
By Committee on K-12 Education Budget
Requested by Representative Goetz
2-6
AN ACT concerning education; relating to school districts; relating to
children in the custody of the secretary for children and families;
requiring transfer of a child's records when such child's placement is
changed by the secretary and establishing a deadline for the transfer of
such records; authorizing children in the custody of the secretary to
attend any school district; authorizing such children to remain enrolled
in and continue attending the school of origin; amending K.S.A. 38-
2218 and 72-3439 and K.S.A. 2024 Supp. 72-3122, 72-3123 and 72-
3124 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 38-2218 is hereby amended to read as follows: 38-
2218. (a) When the court has granted legal custody of a child in a hearing
under the code to an agency, association or individual, the custodian or an
agent designated by the custodian shall have authority to make educational
decisions for the child if the parents of the child are unknown or
unavailable. When the custodian of the child is the secretary, and the
parents of the child are unknown or unavailable, and the child appears to
be an exceptional child who requires special education, the secretary shall
immediately notify the state board of education, or a designee of the state
board, and the school district in which the child is residing that the child is
in need of an education advocate. As used in this section, a parent is
unavailable if:
(1) Repeated attempts have been made to contact the parent to
provide notice of an IEP meeting and secure the parent's participation and
such attempts have been unsuccessful;
(2) having been provided actual notice of an IEP meeting, the parent
has failed or refused to attend and participate in the meeting; or
(3) the parent's whereabouts are unknown so that notice of an IEP
meeting cannot be given to the parent. As soon as possible after
notification, the state board of education, or its designee, shall appoint an
education advocate for the child.
(b) If the secretary changes the placement of a pupil child from one
school district to another school district or to another across a school
boundary within the same district, it shall be the duty of the secretary to
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notify the affected school district or districts that the child's placement has
changed and request such child's records be transferred. It shall be the
duty of the school district and school in possession of any records
pertaining to such child to cooperate with the secretary and transfer, or
make provision for the transfer, of all school such records of such pupil to
the school district or school to which the pupil where such child is
transferred. Such school records shall be transferred at the same time that
the pupil is transferred or as soon as possible thereafter following receipt
of such notice but not later than two business days following such receipt.
A school district shall not deny or delay enrollment and attendance of any
such child whose placement has changed on the basis that the school
district or school is not in possession of such child's educational records.
(c) As used in this section, the terms "exceptional child," "special
education," and "education advocate" have the meanings respectively
ascribed thereto mean the same as defined in the special education for
exceptional children act, K.S.A. 72-3403 et seq., and amendments thereto.
The term "pupil" means a child living in a school district as a result of a
placement therein by the secretary pursuant to this code.
Sec. 2. K.S.A. 2024 Supp. 72-3122 is hereby amended to read as
follows: 72-3122. (a) Any child who has attained the age of eligibility for
school attendance may attend school in the district where the child lives,
if:
(1) The child lives if the child lives with a resident of the district and
the resident is the parent, or a person acting as parent, of the child;
(2) subject to the provisions of subsection (c), the child lives in the
district, resides or is staying as a result of placement therein by a district
court or by the secretary for children and families. If the court or secretary
changes the placement of a child across a school boundary within the
same school district, such child shall be permitted to:
(A) Enroll in and attend the school of the school district where such
child is placed; or
(B) remain enrolled in and continue attending the child's school of
origin; or
(3) the secretary for children and families determines that the child's
enrollment and attendance is in the best interests of the child; or
(4) the child resides or is staying if the child is a homeless child.
(b) Any child who has attained the age of eligibility for school
attendance may attend school in a school district where the child is not a
resident in accordance with K.S.A. 72-13,101, 72-3123 or 72-3125, and
amendments thereto.
Sec. 3. K.S.A. 2024 Supp. 72-3123 is hereby amended to read as
follows: 72-3123. (a) Beginning in school year 2024-2025, The board of
education of any school district shall permit nonresident students to enroll
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in and attend the schools of the district if such school district has open
seats as determined pursuant to this section.
(b) Each school district shall determine capacity in each school of the
school district for the following school year as follows:
(1) For kindergarten and grades one through eight, the classroom
student-teacher ratio in each grade level; and
(2) for grades nine through 12, the student-teacher ratio for each
school building or program in each school building, including, but not
limited to, advanced placement or international baccalaureate programs.
(c) (1) On or before May 1 of each year, each school board shall
determine for each grade level in each school building of the school
district for the next succeeding school year the:
(A) Capacity as determined pursuant to subsection (b);
(B) number of students expected to attend school in the school
district; and
(C) number of open seats available to nonresident students.
(2) On or before June 1 of each year, each school district shall publish
on such school district's website the number of open seats available to
nonresident students in each grade level for each school building of the
school district for the next succeeding school year.
(3) From January 1 through June 15, each school district shall accept
applications from nonresident students who are seeking to enroll in and
attend the school district in the next succeeding school year. Applications
shall be on a form and in a manner determined by the school district.
(4) If the number of applications for a grade level in a school building
is less than the number of available seats for such grade level in such
school building, the nonresident students shall be accepted for enrollment
and attendance at such school district. If the number of applications for a
grade level in a school building is greater than the number of available
seats for such grade level in such school building, the school district shall
randomly select nonresident students using a confidential lottery process.
Such process shall be completed on or before July 15 of each year.
(5) The school district shall provide to the parent or person acting as
parent of a nonresident student who was not accepted for or denied
enrollment at such school district the reason for the nonacceptance or
denial and an explanation of the nonresident student selection process on
or before July 30 of each year.
(6) If a school district denies an application of a nonresident student
due to the school district deeming the nonresident student as not in good
standing, the parent or person acting as parent of such student may appeal
such denial to the school district board of education.
(d) (1) Subject to capacity, school districts shall give priority to any
sibling of a nonresident student who is enrolled in and attending such
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school district or who is accepted to enroll in and attend such school
district. Priority shall be given when the nonresident student is first
accepted and, if necessary, at any other time the school district considers
transfer applications. Any such sibling shall not be subject to the open seat
lottery.
(2) Subject to capacity, school districts shall give priority to any
nonresident student who is a military student as defined in K.S.A. 72-
5139, and amendments thereto. Priority shall be given when the military
student is first accepted and, if necessary, at any other time the school
district considers transfer applications. Any such military student shall not
be subject to the open seat lottery.
(3) Any child who is in the custody of the department secretary for
children and families and who is living in the home of a nonresident
student who transfers may attend school in the receiving school district
has attained the age of eligibility for school attendance shall be permitted
to:
(A) Enroll in and attend school in any school district of the state; or
(B) remain enrolled in and continue attending the child's school of
origin.
(4) Any nonresident student who has a parent or person acting as
parent employed by a school district shall be permitted to enroll in and
attend such school district as if the student is a resident of the school
district. Any such student shall not be subject to the open-seat lottery
established pursuant to subsection (c) when enrolling in and attending the
school district where the parent or person acting as parent is employed.
(5) Any child who is experiencing homelessness shall be permitted to
enroll in and attend the school district of origin or the school district of
residence.
(e) A school district shall not:
(1) Charge tuition or fees to any nonresident student who transfers to
such school district pursuant to this section except fees that are otherwise
charged to every student enrolled in and attending school in the district; or
(2) accept or deny a nonresident student transfer based on ethnicity,
national origin, gender, income level, disabling condition, proficiency in
the English language, measure of achievement, aptitude or athletic ability.
(f) (1) A nonresident student accepted for enrollment and attendance
at a receiving school district on or after June 1, 2024, shall be permitted to
continue such enrollment and attendance in such school district until such
student graduates from high school, unless such student is deemed as no
longer in good standing pursuant to subsection (g).
(2) A nonresident student who was enrolled in and attended a school
district of nonresidence during school year 2023-2024 shall be permitted
to continue such enrollment and attendance in such school district until
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such student graduates from high school, unless such student is deemed as
no longer in good standing pursuant to subsection (g).
(3) A nonresident student who was enrolled in and attended a school
district of residence during school year 2023-2024 shall be permitted to
continue such enrollment and attendance in such school district until such
student graduates from high school, unless such student is deemed as no
longer in good standing pursuant to subsection (g).
(g) A receiving school district may deem any nonresident student as
not in good standing in accordance with such school district's nonresident
transfer policy, including any nonresident student who has not previously
attended or been enrolled in the receiving school district. If a school
district deems a nonresident student as not in good standing, such school
district may deny such student's enrollment or continued enrollment in the
school district. Prior to making any determination to deem a nonresident
student as not in good standing, a district shall consider a student's status
as a homeless child and the resulting factors of homelessness on such
student's standing.
(h) A student may always enroll at any time in the school district
where such student resides.
(i) Except for a child in the custody of the department secretary for
children and families or a child who is experiencing homelessness, a
nonresident student shall not transfer more than once per school year to
one or more receiving school districts pursuant to the provisions of this
section.
(j) (1) Neither a resident school district nor a receiving school district
shall be required to provide transportation to nonresident students unless
otherwise required by applicable law. If space is available on school
district transportation vehicles, a school district may provide nonresident
students an in-district bus stop where transportation may be provided by
such school district to and from such bus stop and the school for such
nonresident students.
(2) A school district shall ensure that transportation for nonresident
homeless students is provided comparably to that of housed students.
(3) If the secretary for children and families changes the placement of
a child from one school district to another school district or across a
school boundary within the same district, and determines that it is in the
best interests of the child to remain enrolled in and attending the school of
origin, the affected school district and the secretary shall coordinate to
develop a transportation plan to get the child to and from such school of
origin. Such plan shall address the availability and cost of such
transportation, including how such costs shall be reimbursed by the
secretary, paid by the school district or shared between both parties. When
developing such transportation plan, consideration shall be given to the:
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(A) Age, maturity and behavioral capacity of the child;
(B) type of transportation available;
(C) flexibility in the school schedule;
(D) the effect of extracurricular activities on transportation options;
(E) traffic routes and patterns; and
(F) individualized needs of the child.
(k) Each school district board of education shall submit annually to
the state department of education the school district's policy adopted
pursuant to K.S.A. 2024 Supp. 72-3126, and amendments thereto, the
number of nonresident student transfers approved and denied by such
board in each grade level and whether the denials were based on capacity
or in accordance with the policy adopted pursuant to K.S.A. 2024 Supp.
72-3126, and amendments thereto. The state department of education shall
collect and report such data on such department's website and make such
data available to the legislative division of post audit.
(l) (1) Each year, the state department of education, as part of the
department's enrollment audit, shall audit the nonresident student capacity
and enrollment.
(2) In calendar year 2027, subject to a request made by the house
standing committee on K-12 education budget or the senate standing
committee on education, or any successor committees, the legislative post
audit committee shall direct the legislative division of post audit to
conduct an audit of nonresident student transfers pursuant to this section.
If requested, such audit shall be reported to the legislative post audit
committee on or before January 15, 2028, and subsequently presented to
the house standing committee on K-12 education budget and the senate
standing committee on education, or any successor committees.
(m) Nothing in this section shall be construed to exempt any
nonresident student who transfers to a receiving school district pursuant to
this section from the policies and requirements of the activities association
referred to in K.S.A. 72-7114, and amendments thereto.
(n) The provisions of this section shall not apply to any:
(1) School located on a military installation as defined in K.S.A. 72-
8268, and amendments thereto; or
(2) virtual school as defined in K.S.A. 72-3712, and amendments
thereto.
Sec. 4. K.S.A. 2024 Supp. 72-3124 is hereby amended to read as
follows: 72-3124. (a) The board of education of any school district shall
allow any nonresident student to enroll in and attend school in such district
pursuant to K.S.A. 72-3123, and amendments thereto. Except as provided
in K.S.A. 72-3123, and amendments thereto, the board of education of such
district may furnish or provide transportation to any nonresident student
who is enrolled in and attending school in the district. If the district agrees
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to furnish or provide transportation to a nonresident student, such
transportation shall be furnished or provided until the end of the school
year. Prior to providing or furnishing transportation to a nonresident
student, the receiving school district shall notify the board of education of
the sending school district that transportation will be furnished or provided
for such student.
(b) Nonresident students shall be counted as regularly enrolled in and
attending school in the receiving school district for the purpose of
computations under the Kansas school equity and enhancement act, K.S.A.
72-5131 et seq., and amendments thereto, except computation of
transportation weighting under such act, and for the purposes of the
statutory provisions contained in article 64 of chapter 72 of the Kansas
Statutes Annotated, and amendments thereto. Such nonresident student
shall not be charged for the costs of attendance at school.
Sec. 5. K.S.A. 72-3439 is hereby amended to read as follows: 72-
3439. (a) All records of an exceptional child who transfers, or who is
transferred, from one school district to another school district or across a
school boundary within the same school district, shall be transferred at the
same time that such child transfers, or is transferred, or as soon thereafter
as possible.
(b) If the transfer is a result of the change in placement by the
secretary for children and families, secretary of corrections or
commissioner of juvenile justice, it shall be the duty of the secretary or
commissioner to notify the affected school district or districts that the
child's placement has changed and request that child's records be
transferred. It shall be the duty of the school district and school in
possession of any records pertaining to such child to cooperate with the
secretary or commissioner and transfer, or make provision for the transfer,
of all such records to the school district or school to which the where such
child is transferred. If the transfer is a result of the change in placement by
the commissioner of juvenile justice, it shall be the duty of the
commissioner to transfer, or make provision for the transfer, of such
records to the district or school to which the child is transferred. If the
transfer is a result of the change in placement by the secretary of the
department of corrections, it shall be the duty of the secretary to transfer,
or make provision for the transfer, of such records to the district or school
to which the child is transferred. Such records shall be transferred as soon
as possible following receipt of such notice but not later than two business
days following such receipt. A school district shall not deny or delay
enrollment and attendance of any such child whose placement has
changed on the basis that the school district or school is not in possession
of such child's educational records.
Sec. 6. K.S.A. 38-2218 and 72-3439 and K.S.A. 2024 Supp. 72-3122,
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72-3123 and 72-3124 are hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
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