Including participation in certain learning experiences and agricultural activities as a valid excuse for absence from school and authorizing school boards to make rules therefor.

Session of 2025
HOUSE BILL No. 2103
By Committee on Education
Requested by Representative Moser
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AN ACT concerning education; relating to school attendance; including
participation in certain learning experiences and agricultural science
activities as a valid excuse for absence from school; authorizing school
boards to make rules therefor; amending K.S.A. 72-3121 and repealing
the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 72-3121 is hereby amended to read as follows: 72-
3121. (a) Each board of education shall designate one or more employees
who shall report to the secretary for children and families, or a designee
thereof, or to the appropriate county or district attorney pursuant to an
agreement as provided in this section, all cases of children who are less
than 13 years of age and are not attending school as required by law, and
to the appropriate county or district attorney, or a designee thereof, all
cases of children who are 13 or more years of age but less than 18 years of
age and are not attending school as required by law. The designation shall
be made no later than September 1 of each school year and shall be
certified no later than 10 days thereafter by the board of education to the
secretary for children and families, or the designee thereof, to the county
or district attorney, or the designee thereof, and to the commissioner of
education. The commissioner of education shall compile and maintain a
list of the designated employees of each board of education. The local area
office of the Kansas department for children and families may enter into an
agreement with the appropriate county or district attorney to provide that
the designated employees of such board of education shall make the report
as provided in this section for all cases of children who are less than 13
years of age and are not attending school as provided by law to the county
or district attorney in lieu of the secretary, or the secretary's designee. If
such agreement is made, the county or district attorney shall carry out all
duties as otherwise provided by this subsection conferred on the secretary
or the secretary's designee. A copy of such agreement shall be provided to
the director of such area office of the Kansas department for children and
families and to the school districts affected by the agreement.
(b) Whenever a child is required by law to attend school, and the
child is not enrolled in a public or nonpublic school, the child shall be
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considered to be not attending school as required by law and a report
thereof shall be made in accordance with the provisions of subsection (a)
by a designated employee of the board of education of the school district
in which the child resides. The provisions of this subsection are subject to
the provisions of subsection (d).
(c) (1) Whenever a child is required by law to attend school and is
enrolled in school, and the child is inexcusably absent therefrom on either
three consecutive school days or five school days in any semester or seven
school days in any school year, whichever of the foregoing occurs first, the
child shall be considered to be not attending school as required by law. A
child is inexcusably absent from school if the child is absent therefrom all
or a significant part of a school day without a valid excuse acceptable to
the school employee designated by the board of education to have
responsibility for the school attendance of such child.
(2) (A) For the purpose of this section, each board of education shall
adopt rules for determination of valid excuse for absence from school and
for determination of, what shall constitute constitutes a "significant part of
a school day" for the purpose of this section and absences related to
participation in a learning experience.
(B) Participation in a learning experience that is approved in
advance by the employee designated pursuant to paragraph (3) shall be a
valid excuse for absence from school. The board of education may limit
the number of absences that may be approved as a valid excuse for
absence from school as part of the rules adopted by such board. As used in
this paragraph, "learning experience" includes, but is not limited to,
agricultural science activities, scheduled FF A events not otherwise
excused by a school district's rules or polices and 4-H programs that are
part of organized competitions or events.
(3) Each board of education shall designate one or more employees,
who shall each be responsible for determining the acceptability and
validity of offered excuses for absence from school of specified children,
so that a designee is responsible for making such determination for each
child enrolled in school.
(4) Whenever a determination is made in accordance with the
provisions of this subsection that a child is not attending school as required
by law, the designated employee who is responsible for such determination
shall make a report thereof in accordance with the provisions of subsection
(a), provided that the report would not violate the terms of the
memorandum of understanding approved by the superintendent of the
school district pursuant to K.S.A. 72-6143(i), and amendments thereto.
(5) The provisions of this subsection are subject to the provisions of
subsection (d).
(d) (1) Prior to making any report under this section that a child is not
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attending school as required by law, the designated employee of the board
of education shall serve written notice thereof, by personal delivery or by
first class mail, upon a parent or person acting as parent of the child. The
notice shall inform the parent or person acting as parent that continued
failure of the child to attend school without a valid excuse will result in a
report being made to the secretary for children and families or to the
county or district attorney. Upon failure, on the school day next succeeding
personal delivery of the notice or within three school days after the notice
was mailed, of attendance at school by the child or of an acceptable
response, as determined by the designated employee, on the school day
next succeeding personal delivery of the notice or within three school days
after the notice was mailed to the notice by a parent or person acting as
parent of the child, the designated employee shall make a report thereof in
accordance with the provisions of subsection (a). The designated employee
shall submit with the report a certificate verifying the manner in which
notice was provided to the parent or person acting as parent.
(2) Whenever a law enforcement officer assumes temporary custody
of a child who is found away from home or school without a valid excuse
during the hours school is actually in session, and the law enforcement
officer delivers the child to the school in which the child is enrolled or to a
location designated by the school in which the child is enrolled to address
truancy issues, the designated employee of the board of education shall
serve notice thereof upon a parent or person acting as parent of the child.
The notice may be oral or written and shall inform the parent or person
acting as parent of the child that the child was absent from school without
a valid excuse and was delivered to school by a law enforcement officer.
(e) Whenever the secretary for children and families receives a report
required under this section, the secretary shall investigate the matter. If,
during the investigation, the secretary determines that the reported child is
not attending school as required by law, the secretary shall institute
proceedings under the revised Kansas code for care of children. If, during
the investigation, the secretary determines that a criminal prosecution
should be considered, the secretary shall make a report of the case to the
appropriate law enforcement agency.
(f) Whenever a county or district attorney receives a report required
under this section, the county or district attorney shall investigate the
matter. If, during the investigation, the county or district attorney
determines that the reported child is not attending school as required by
law, the county or district attorney shall prepare and file a petition alleging
that the child is a child in need of care. If, during the investigation, the
county or district attorney determines that a criminal prosecution is
necessary, the county or district attorney shall commence such action.
(g) As used in this section, "board of education" means the board of
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education of a school district or the governing authority of a nonpublic
school. The provisions of this act shall apply to both public and nonpublic
schools.
Sec. 2. K.S.A. 72-3121 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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