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As Amended by House Committee
Session of 2026
HOUSE BILL No. 2486
By Committee on Education
Requested by Representative Brantley
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AN ACT concerning education; relating to school districts; requiring
children to be toilet trained to enroll in and attend kindergarten;
providing exceptions thereto; amending K.S.A. 72-3118 and repealing
the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 72-3118 is hereby amended to read as follows: 72-
3118. (a) (1) Subject to the provisions of subsection (b), any child is
eligible to attend the elementary grades in the school district in which
where the child resides or in a school district which that has entered into
an agreement in accordance with and under authority of pursuant to
K.S.A. 72-13,101, and amendments thereto, with the school district in
which where the child resides if (1) for the 1994-95 school year, the child
will attain the age of six years on or before September 1 of the school year
and (2) for the 1995-96 school year, the child will attain the age of six
years on or before September 1 of the school year and (3) for any school
year commencing after the 1995-96 school year, the child will attain the
age of six years on or before August 31 of the school year;.
(b) Any child who has completed a kindergarten course that the child
had entered and attended in this state in accordance with the provisions of
subsection (d) or who was a resident in another state and who , while
residing in such other state, had entered and was in attendance in first
grade in such state or who had completed in such state a kindergarten
course maintained by a public school district or by an accredited private,
denominational or parochial school shall be eligible to attend first grade in
this state, regardless of age;.
(c) Subject to the provisions of subsection (d) and (e) , any child is
eligible to attend kindergarten in the school district in which where the
child resides or in a school district which that has entered into an
agreement in accordance with and under authority of pursuant to K.S.A.
72-13,101, and amendments thereto, with the school district in which
where the child resides if (1) for the 1994-95 school year, the child will
attain the age of five years on or before September 1 of the school year and
(2) for any school year commencing after the 1994-95 school year, the
child will attain the age of five years on or before August 31 of the school
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year;.
(d) Subject to the provisions of subsection (e), Any child who was a
resident in another state and who, while residing in such other state, had
entered and was in attendance in kindergarten in such state shall be eligible
to attend kindergarten in this state, regardless of age.
(e) (1) Except as otherwise provided in this subsection, a school
district shall not enroll a child in kindergarten unless the child is toilet
trained. As part of the school district's kindergarten enrollment process, a
school district shall require a written assurance from the parent or person
acting as parent of a prospective kindergarten student that such child is
toilet trained.
(2) The provisions of paragraph (1) shall not apply to a child who is
not toilet trained due to an exceptionality described in the child's
individualized education program or section 504 plan or due to a medical
condition that is verified by an individual licensed by the state board of
healing arts to practice medicine and surgery or a mid-level practitioner
as defined in K.S.A. 65-1626, and amendments thereto.
(3) A school district may determine that a kindergarten student is a
student who is not toilet trained if the student has accidents with sufficient
frequency to impact the educational experience of the student or the
student's peers. Each school district shall establish a policy and
procedures that the school district will use to address a kindergarten
student who is found to not be toilet trained. Such policy and procedures
shall:
(A) Require the school to consider whether a child's delay in toilet
training may be a sign of an exceptionality and whether the child should
be referred for an initial evaluation or a reevaluation;
(B) set forth guidelines for when the child and the child's parent or
person acting as parent shall be referred to a counselor or social worker
for additional family supports and resources; and
(C) under limited circumstances, authorize a parent or person acting
as parent to designate an adult individual to aid in the student's toilet
training at school; and
(D) authorize a school district to remove the child from kindergarten
and reintegrate the child into kindergarten once the child has become
toilet trainedprovide for designating an employee to assist any student
who is not toilet trained, subject to any criminal history record checks
and compliance with any applicable school district safety and child
protection policies and procedures. Such assistance shall:
(i) Be limited to toileting routines, hygiene needs and positive
reinforcement for toilet training progress;
(ii) occur in a private, safe and sanitary setting in accordance
with school district policy and procedure;
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(iii) require the presence of at least two designated employees at
all times;
(iv) be provided for a limited duration of time and the need for
such assistance shall be regularly reviewed; and
(v) be documented and incorporated into such student's written
support plan.
(4)(2) As used in this subsection, "toilet trained" means that a child
can communicate the need to use the bathroom to an adult, use the toilet
without any assistance from an adult and tend to personal hygienic needs
after using the toilet and, if an accident occurs, the child can
independently tend to hygienic needs and change clothes.
Sec. 2. K.S.A. 72-3118 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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