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HOUSE BILL No. 2320
AN A CT 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. 2025 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) (1) 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 notify the affected school district or districts within two
business days that the child's placement has changed and request such
child's records be transferred following the best interest determination
conducted pursuant to federal and state law and the policies and
procedure manual of the department for children and families. The
secretary shall complete the best interest determination prior to any
planned placement change or within two business days following an
unplanned placement disruption.
(2) 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 the business day that such notice was
received by the school district. 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,:
(1) "Business day" means any weekday from Monday through
Friday in which the school district or school's administrative office is
open. "Business day" does not include any federal or state holiday, any
weekday that the school district or school's administrative office is
closed or any weekday in which the school day has been canceled due
to inclement weather or any other unforeseen circumstance.
(2) 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
HOUSE BILL No. 2320—page 2
placement therein by the secretary pursuant to this code.
Sec. 2. K.S.A. 2025 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. 2025 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 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,
HOUSE BILL No. 2320—page 3
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 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).
HOUSE BILL No. 2320—page 4
(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 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:
(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
HOUSE BILL No. 2320—page 5
pursuant to K.S.A. 2024 2025 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 2025 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. 2025 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 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
HOUSE BILL No. 2320—page 6
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 the business day that such
notice was received by the school district . 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, "business day" means any weekday
from Monday through Friday in which the school district or school's
administrative office is open. "Business day" does not include any
federal or state holiday, any weekday that the school district or
school's administrative office is closed or any weekday in which the
school day has been canceled due to inclement weather or any other
unforeseen circumstance.
Sec. 6. K.S.A. 38-2218 and 72-3439 and K.S.A. 2025 Supp. 72-
3122, 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.
I hereby certify that the above BILL originated in the HOUSE, and passed
that body
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.