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Kansas House Bill HB2320

Kansas 2025-2026 Regular Session

Kansas House Bill HB2320 Compare Versions

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11 Session of 2025
22 HOUSE BILL No. 2320
33 By Committee on K-12 Education Budget
44 Requested by Representative Goetz
55 2-6
66 AN ACT concerning education; relating to school districts; relating to
77 children in the custody of the secretary for children and families;
88 requiring transfer of a child's records when such child's placement is
99 changed by the secretary and establishing a deadline for the transfer of
1010 such records; authorizing children in the custody of the secretary to
1111 attend any school district; authorizing such children to remain enrolled
1212 in and continue attending the school of origin; amending K.S.A. 38-
1313 2218 and 72-3439 and K.S.A. 2024 Supp. 72-3122, 72-3123 and 72-
1414 3124 and repealing the existing sections.
1515 Be it enacted by the Legislature of the State of Kansas:
1616 Section 1. K.S.A. 38-2218 is hereby amended to read as follows: 38-
1717 2218. (a) When the court has granted legal custody of a child in a hearing
1818 under the code to an agency, association or individual, the custodian or an
1919 agent designated by the custodian shall have authority to make educational
2020 decisions for the child if the parents of the child are unknown or
2121 unavailable. When the custodian of the child is the secretary, and the
2222 parents of the child are unknown or unavailable, and the child appears to
2323 be an exceptional child who requires special education, the secretary shall
2424 immediately notify the state board of education, or a designee of the state
2525 board, and the school district in which the child is residing that the child is
2626 in need of an education advocate. As used in this section, a parent is
2727 unavailable if:
2828 (1) Repeated attempts have been made to contact the parent to
2929 provide notice of an IEP meeting and secure the parent's participation and
3030 such attempts have been unsuccessful;
3131 (2) having been provided actual notice of an IEP meeting, the parent
3232 has failed or refused to attend and participate in the meeting; or
3333 (3) the parent's whereabouts are unknown so that notice of an IEP
3434 meeting cannot be given to the parent. As soon as possible after
3535 notification, the state board of education, or its designee, shall appoint an
3636 education advocate for the child.
3737 (b) If the secretary changes the placement of a pupil child from one
3838 school district to another school district or to another across a school
3939 boundary within the same district, it shall be the duty of the secretary to
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7575 notify the affected school district or districts that the child's placement has
7676 changed and request such child's records be transferred. It shall be the
7777 duty of the school district and school in possession of any records
7878 pertaining to such child to cooperate with the secretary and transfer, or
7979 make provision for the transfer, of all school such records of such pupil to
8080 the school district or school to which the pupil where such child is
8181 transferred. Such school records shall be transferred at the same time that
8282 the pupil is transferred or as soon as possible thereafter following receipt
8383 of such notice but not later than two business days following such receipt.
8484 A school district shall not deny or delay enrollment and attendance of any
8585 such child whose placement has changed on the basis that the school
8686 district or school is not in possession of such child's educational records.
8787 (c) As used in this section, the terms "exceptional child," "special
8888 education," and "education advocate" have the meanings respectively
8989 ascribed thereto mean the same as defined in the special education for
9090 exceptional children act, K.S.A. 72-3403 et seq., and amendments thereto.
9191 The term "pupil" means a child living in a school district as a result of a
9292 placement therein by the secretary pursuant to this code.
9393 Sec. 2. K.S.A. 2024 Supp. 72-3122 is hereby amended to read as
9494 follows: 72-3122. (a) Any child who has attained the age of eligibility for
9595 school attendance may attend school in the district where the child lives,
9696 if:
9797 (1) The child lives if the child lives with a resident of the district and
9898 the resident is the parent, or a person acting as parent, of the child;
9999 (2) subject to the provisions of subsection (c), the child lives in the
100100 district, resides or is staying as a result of placement therein by a district
101101 court or by the secretary for children and families. If the court or secretary
102102 changes the placement of a child across a school boundary within the
103103 same school district, such child shall be permitted to:
104104 (A) Enroll in and attend the school of the school district where such
105105 child is placed; or
106106 (B) remain enrolled in and continue attending the child's school of
107107 origin; or
108108 (3) the secretary for children and families determines that the child's
109109 enrollment and attendance is in the best interests of the child; or
110110 (4) the child resides or is staying if the child is a homeless child.
111111 (b) Any child who has attained the age of eligibility for school
112112 attendance may attend school in a school district where the child is not a
113113 resident in accordance with K.S.A. 72-13,101, 72-3123 or 72-3125, and
114114 amendments thereto.
115115 Sec. 3. K.S.A. 2024 Supp. 72-3123 is hereby amended to read as
116116 follows: 72-3123. (a) Beginning in school year 2024-2025, The board of
117117 education of any school district shall permit nonresident students to enroll
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161161 in and attend the schools of the district if such school district has open
162162 seats as determined pursuant to this section.
163163 (b) Each school district shall determine capacity in each school of the
164164 school district for the following school year as follows:
165165 (1) For kindergarten and grades one through eight, the classroom
166166 student-teacher ratio in each grade level; and
167167 (2) for grades nine through 12, the student-teacher ratio for each
168168 school building or program in each school building, including, but not
169169 limited to, advanced placement or international baccalaureate programs.
170170 (c) (1) On or before May 1 of each year, each school board shall
171171 determine for each grade level in each school building of the school
172172 district for the next succeeding school year the:
173173 (A) Capacity as determined pursuant to subsection (b);
174174 (B) number of students expected to attend school in the school
175175 district; and
176176 (C) number of open seats available to nonresident students.
177177 (2) On or before June 1 of each year, each school district shall publish
178178 on such school district's website the number of open seats available to
179179 nonresident students in each grade level for each school building of the
180180 school district for the next succeeding school year.
181181 (3) From January 1 through June 15, each school district shall accept
182182 applications from nonresident students who are seeking to enroll in and
183183 attend the school district in the next succeeding school year. Applications
184184 shall be on a form and in a manner determined by the school district.
185185 (4) If the number of applications for a grade level in a school building
186186 is less than the number of available seats for such grade level in such
187187 school building, the nonresident students shall be accepted for enrollment
188188 and attendance at such school district. If the number of applications for a
189189 grade level in a school building is greater than the number of available
190190 seats for such grade level in such school building, the school district shall
191191 randomly select nonresident students using a confidential lottery process.
192192 Such process shall be completed on or before July 15 of each year.
193193 (5) The school district shall provide to the parent or person acting as
194194 parent of a nonresident student who was not accepted for or denied
195195 enrollment at such school district the reason for the nonacceptance or
196196 denial and an explanation of the nonresident student selection process on
197197 or before July 30 of each year.
198198 (6) If a school district denies an application of a nonresident student
199199 due to the school district deeming the nonresident student as not in good
200200 standing, the parent or person acting as parent of such student may appeal
201201 such denial to the school district board of education.
202202 (d) (1) Subject to capacity, school districts shall give priority to any
203203 sibling of a nonresident student who is enrolled in and attending such
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247247 school district or who is accepted to enroll in and attend such school
248248 district. Priority shall be given when the nonresident student is first
249249 accepted and, if necessary, at any other time the school district considers
250250 transfer applications. Any such sibling shall not be subject to the open seat
251251 lottery.
252252 (2) Subject to capacity, school districts shall give priority to any
253253 nonresident student who is a military student as defined in K.S.A. 72-
254254 5139, and amendments thereto. Priority shall be given when the military
255255 student is first accepted and, if necessary, at any other time the school
256256 district considers transfer applications. Any such military student shall not
257257 be subject to the open seat lottery.
258258 (3) Any child who is in the custody of the department secretary for
259259 children and families and who is living in the home of a nonresident
260260 student who transfers may attend school in the receiving school district
261261 has attained the age of eligibility for school attendance shall be permitted
262262 to:
263263 (A) Enroll in and attend school in any school district of the state; or
264264 (B) remain enrolled in and continue attending the child's school of
265265 origin.
266266 (4) Any nonresident student who has a parent or person acting as
267267 parent employed by a school district shall be permitted to enroll in and
268268 attend such school district as if the student is a resident of the school
269269 district. Any such student shall not be subject to the open-seat lottery
270270 established pursuant to subsection (c) when enrolling in and attending the
271271 school district where the parent or person acting as parent is employed.
272272 (5) Any child who is experiencing homelessness shall be permitted to
273273 enroll in and attend the school district of origin or the school district of
274274 residence.
275275 (e) A school district shall not:
276276 (1) Charge tuition or fees to any nonresident student who transfers to
277277 such school district pursuant to this section except fees that are otherwise
278278 charged to every student enrolled in and attending school in the district; or
279279 (2) accept or deny a nonresident student transfer based on ethnicity,
280280 national origin, gender, income level, disabling condition, proficiency in
281281 the English language, measure of achievement, aptitude or athletic ability.
282282 (f) (1) A nonresident student accepted for enrollment and attendance
283283 at a receiving school district on or after June 1, 2024, shall be permitted to
284284 continue such enrollment and attendance in such school district until such
285285 student graduates from high school, unless such student is deemed as no
286286 longer in good standing pursuant to subsection (g).
287287 (2) A nonresident student who was enrolled in and attended a school
288288 district of nonresidence during school year 2023-2024 shall be permitted
289289 to continue such enrollment and attendance in such school district until
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333333 such student graduates from high school, unless such student is deemed as
334334 no longer in good standing pursuant to subsection (g).
335335 (3) A nonresident student who was enrolled in and attended a school
336336 district of residence during school year 2023-2024 shall be permitted to
337337 continue such enrollment and attendance in such school district until such
338338 student graduates from high school, unless such student is deemed as no
339339 longer in good standing pursuant to subsection (g).
340340 (g) A receiving school district may deem any nonresident student as
341341 not in good standing in accordance with such school district's nonresident
342342 transfer policy, including any nonresident student who has not previously
343343 attended or been enrolled in the receiving school district. If a school
344344 district deems a nonresident student as not in good standing, such school
345345 district may deny such student's enrollment or continued enrollment in the
346346 school district. Prior to making any determination to deem a nonresident
347347 student as not in good standing, a district shall consider a student's status
348348 as a homeless child and the resulting factors of homelessness on such
349349 student's standing.
350350 (h) A student may always enroll at any time in the school district
351351 where such student resides.
352352 (i) Except for a child in the custody of the department secretary for
353353 children and families or a child who is experiencing homelessness, a
354354 nonresident student shall not transfer more than once per school year to
355355 one or more receiving school districts pursuant to the provisions of this
356356 section.
357357 (j) (1) Neither a resident school district nor a receiving school district
358358 shall be required to provide transportation to nonresident students unless
359359 otherwise required by applicable law. If space is available on school
360360 district transportation vehicles, a school district may provide nonresident
361361 students an in-district bus stop where transportation may be provided by
362362 such school district to and from such bus stop and the school for such
363363 nonresident students.
364364 (2) A school district shall ensure that transportation for nonresident
365365 homeless students is provided comparably to that of housed students.
366366 (3) If the secretary for children and families changes the placement of
367367 a child from one school district to another school district or across a
368368 school boundary within the same district, and determines that it is in the
369369 best interests of the child to remain enrolled in and attending the school of
370370 origin, the affected school district and the secretary shall coordinate to
371371 develop a transportation plan to get the child to and from such school of
372372 origin. Such plan shall address the availability and cost of such
373373 transportation, including how such costs shall be reimbursed by the
374374 secretary, paid by the school district or shared between both parties. When
375375 developing such transportation plan, consideration shall be given to the:
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419419 (A) Age, maturity and behavioral capacity of the child;
420420 (B) type of transportation available;
421421 (C) flexibility in the school schedule;
422422 (D) the effect of extracurricular activities on transportation options;
423423 (E) traffic routes and patterns; and
424424 (F) individualized needs of the child.
425425 (k) Each school district board of education shall submit annually to
426426 the state department of education the school district's policy adopted
427427 pursuant to K.S.A. 2024 Supp. 72-3126, and amendments thereto, the
428428 number of nonresident student transfers approved and denied by such
429429 board in each grade level and whether the denials were based on capacity
430430 or in accordance with the policy adopted pursuant to K.S.A. 2024 Supp.
431431 72-3126, and amendments thereto. The state department of education shall
432432 collect and report such data on such department's website and make such
433433 data available to the legislative division of post audit.
434434 (l) (1) Each year, the state department of education, as part of the
435435 department's enrollment audit, shall audit the nonresident student capacity
436436 and enrollment.
437437 (2) In calendar year 2027, subject to a request made by the house
438438 standing committee on K-12 education budget or the senate standing
439439 committee on education, or any successor committees, the legislative post
440440 audit committee shall direct the legislative division of post audit to
441441 conduct an audit of nonresident student transfers pursuant to this section.
442442 If requested, such audit shall be reported to the legislative post audit
443443 committee on or before January 15, 2028, and subsequently presented to
444444 the house standing committee on K-12 education budget and the senate
445445 standing committee on education, or any successor committees.
446446 (m) Nothing in this section shall be construed to exempt any
447447 nonresident student who transfers to a receiving school district pursuant to
448448 this section from the policies and requirements of the activities association
449449 referred to in K.S.A. 72-7114, and amendments thereto.
450450 (n) The provisions of this section shall not apply to any:
451451 (1) School located on a military installation as defined in K.S.A. 72-
452452 8268, and amendments thereto; or
453453 (2) virtual school as defined in K.S.A. 72-3712, and amendments
454454 thereto.
455455 Sec. 4. K.S.A. 2024 Supp. 72-3124 is hereby amended to read as
456456 follows: 72-3124. (a) The board of education of any school district shall
457457 allow any nonresident student to enroll in and attend school in such district
458458 pursuant to K.S.A. 72-3123, and amendments thereto. Except as provided
459459 in K.S.A. 72-3123, and amendments thereto, the board of education of such
460460 district may furnish or provide transportation to any nonresident student
461461 who is enrolled in and attending school in the district. If the district agrees
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505505 to furnish or provide transportation to a nonresident student, such
506506 transportation shall be furnished or provided until the end of the school
507507 year. Prior to providing or furnishing transportation to a nonresident
508508 student, the receiving school district shall notify the board of education of
509509 the sending school district that transportation will be furnished or provided
510510 for such student.
511511 (b) Nonresident students shall be counted as regularly enrolled in and
512512 attending school in the receiving school district for the purpose of
513513 computations under the Kansas school equity and enhancement act, K.S.A.
514514 72-5131 et seq., and amendments thereto, except computation of
515515 transportation weighting under such act, and for the purposes of the
516516 statutory provisions contained in article 64 of chapter 72 of the Kansas
517517 Statutes Annotated, and amendments thereto. Such nonresident student
518518 shall not be charged for the costs of attendance at school.
519519 Sec. 5. K.S.A. 72-3439 is hereby amended to read as follows: 72-
520520 3439. (a) All records of an exceptional child who transfers, or who is
521521 transferred, from one school district to another school district or across a
522522 school boundary within the same school district, shall be transferred at the
523523 same time that such child transfers, or is transferred, or as soon thereafter
524524 as possible.
525525 (b) If the transfer is a result of the change in placement by the
526526 secretary for children and families, secretary of corrections or
527527 commissioner of juvenile justice, it shall be the duty of the secretary or
528528 commissioner to notify the affected school district or districts that the
529529 child's placement has changed and request that child's records be
530530 transferred. It shall be the duty of the school district and school in
531531 possession of any records pertaining to such child to cooperate with the
532532 secretary or commissioner and transfer, or make provision for the transfer,
533533 of all such records to the school district or school to which the where such
534534 child is transferred. If the transfer is a result of the change in placement by
535535 the commissioner of juvenile justice, it shall be the duty of the
536536 commissioner to transfer, or make provision for the transfer, of such
537537 records to the district or school to which the child is transferred. If the
538538 transfer is a result of the change in placement by the secretary of the
539539 department of corrections, it shall be the duty of the secretary to transfer,
540540 or make provision for the transfer, of such records to the district or school
541541 to which the child is transferred. Such records shall be transferred as soon
542542 as possible following receipt of such notice but not later than two business
543543 days following such receipt. A school district shall not deny or delay
544544 enrollment and attendance of any such child whose placement has
545545 changed on the basis that the school district or school is not in possession
546546 of such child's educational records.
547547 Sec. 6. K.S.A. 38-2218 and 72-3439 and K.S.A. 2024 Supp. 72-3122,
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591591 72-3123 and 72-3124 are hereby repealed.
592592 Sec. 7. This act shall take effect and be in force from and after its
593593 publication in the statute book.
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