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SENATE BILL No. 382
AN A CT concerning education; authorizing nonpublic schools to permit nonaccredited
private elementary or secondary school students to participate in certain activities for
such nonpublic schools; authorizing foreign exchange students who reside with a host
family to enroll in and attend the host family's resident school district without being
subject to the open-seat lottery process; adding certain third parties who contract with
school districts to the definition of special teacher; authorizing special education state
aid reimbursement for certain teachers who provide services pursuant to a contract ;
providing for the administration and proctoring of statewide assessments to a virtual
school student by such student's virtual school; amending K.S.A. 2025 Supp. 72-
3123, 72-3404, 72-3422 and 72-3717 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) (1) A nonpublic school may permit any student
who meets the requirements of this section to participate in activities
offered by such nonpublic school that are regulated, supervised,
promoted and developed by the activities association referred to in
K.S.A. 72-7114, and amendments thereto.
(2) A nonpublic school may permit any student participating in
any activity pursuant to paragraph (1) to participate in any events,
ceremonies, programs or other functions directly related to such
activity and sponsored by such nonpublic school.
(3) The governing body of a nonpublic school may adopt policies
regarding the participation of those students who are participating in an
activity pursuant to paragraph (1) in the school-sponsored events,
ceremonies, programs or other functions that are not directly related to
such activity.
(b) A student shall be permitted to participate in any such
activities if such student:
(1) Is a resident of Kansas;
(2) is enrolled and attending a nonaccredited private elementary or
secondary school;
(3) meets any applicable age and eligibility requirements set forth
by the activities association referred to in K.S.A. 72-7114, and
amendments thereto, that are not otherwise in conflict with this section;
(4) pays any fees required by the nonpublic school for
participation in such activity if such fees are generally imposed upon all
other students who participate in such activity; and
(5) is permitted to participate in such activity by the governing
body of the nonpublic school.
(c) The governing body of the nonpublic school shall determine if
the student meets any academic eligibility requirements established by
the activities association.
(d) The governing body of a nonpublic school may require a
student who participates in an activity pursuant to this section to enroll
in a particular course or complete a particular course as a condition of
participation, if such requirement is imposed upon all other students
who participate in such activity.
(e) Except as provided in subsection (c), any student who seeks to
participate in an activity pursuant to this section shall be subject to any
tryout or other participation requirements that are otherwise applicable
to all other students for participation in the activity.
(f) Any student who meets the requirements of this section and
participates in activities described in subsection (a) shall be entitled to
all rights and subject to all responsibilities of any other participating
student, except as otherwise provided in this section, regardless of such
student's enrollment status.
(g) It shall be unlawful for the governing body of a nonpublic
school or the activities association referred to in K.S.A. 72-7114, and
amendments thereto, to discriminate against any student who meets the
requirements of this section based on such student's enrollment status.
Sec. 2. K.S.A. 2025 Supp. 72-3123 is hereby amended to read as
SENATE BILL No. 382—page 2
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 fewer 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 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 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 open-seat lottery.
SENATE BILL No. 382—page 3
(3) Any child who is in the custody of the department 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.
(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 were 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 foreign exchange student who resides, or will reside, with
a host family may be permitted to enroll in and attend the host family's
resident school district as if the student were 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 host family's resident school district.
(6) 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 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 for children
SENATE BILL No. 382—page 4
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) 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. A school district shall ensure that
transportation for nonresident homeless students is provided
comparably to that of housed students.
(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. 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.
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. 3. K.S.A. 2025 Supp. 72-3404 is hereby amended to read as
follows: 72-3404. As used in this act:
(a) "School district" means any public school district.
(b) "Board" means the board of education of any school district.
(c) "State board" means the state board of education.
(d) "Department" means the state department of education.
(e) "State institution" means any institution under the jurisdiction
of a state agency.
(f) "State agency" means the Kansas department for children and
families, the Kansas department for aging and disability services, the
department of corrections and the juvenile justice authority.
(g) "Exceptional children" means persons who are children with
disabilities or gifted children and are of school age, to be determined in
accordance with rules and regulations adopted by the state board,
SENATE BILL No. 382—page 5
whose age may differ from the ages of children required to attend
school under the provisions of K.S.A. 72-3120, and amendments
thereto.
(h) "Gifted children" means exceptional children who are
determined to be within the gifted category of exceptionality as such
category is defined by the state board.
(i) "Special education" means specially designed instruction
provided at no cost to parents to meet the unique needs of an
exceptional child, including:
(1) Instruction conducted in the classroom, in the home, in
hospitals and institutions, and in other settings; and
(2) instruction in physical education.
(j) "Special teacher" means a person, employed by a school
district or under contract with a school district or, a state institution or
a third party that has a contract with a school district to provide
special education or related services, who is qualified to:
(1) Provide special education or related services to exceptional
children as determined pursuant to standards established by the state
board; or
(2) assist in the provision of special education or related services
to exceptional children as determined pursuant to standards established
by the state board.
(k) "State plan" means the state plan for special education and
related services authorized by this act.
(l) "Agency" means boards and the state agencies.
(m) "Parent" means:
(1) A natural parent;
(2) an adoptive parent;
(3) a person acting as parent;
(4) a legal guardian;
(5) an education advocate; or
(6) a foster parent, if the foster parent has been appointed the
education advocate of an exceptional child.
(n) "Person acting as parent" means a person such as a
grandparent, stepparent or other relative with whom a child lives or a
person other than a parent who is legally responsible for the welfare of
a child.
(o) "Education advocate" means a person appointed by the state
board in accordance with the provisions of K.S.A. 38-2218, and
amendments thereto. A person appointed as an education advocate for a
child shall not be:
(1) An employee of the agency who is required by law to provide
special education or related services for the child;
(2) an employee of the state board, the department, or any agency
that is directly involved in providing educational services for the child;
or
(3) any person having a professional or personal interest that
would conflict with the interests of the child.
(p) "Free appropriate public education" means special education
and related services that:
(1) Are provided at public expense, under public supervision and
direction, and without charge;
(2) meet the standards of the state board;
(3) include an appropriate preschool, elementary or secondary
school education; and
(4) are provided in conformity with an individualized education
program.
(q) "Federal law" means the individuals with disabilities education
act, as amended.
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(r) "Individualized education program" or "IEP" means a written
statement for each exceptional child that is developed, reviewed , and
revised in accordance with the provisions of K.S.A. 72-3429, and
amendments thereto.
(s) (1) "Related services" means transportation, and such
developmental, corrective, and other supportive services, including
speech-language pathology and audiology services, interpreting
services, psychological services, physical and occupational therapy,
recreation, including therapeutic recreation, social work services,
school nurse services designed to enable a child with a disability to
receive a free appropriate public education as described in the child's
IEP, counseling services, including rehabilitation counseling,
orientation and mobility services, and medical services, except that
such medical services shall be for diagnostic and evaluation purposes
only, as may be required to assist an exceptional child to benefit from
special education, and includes the early identification and assessment
of disabling conditions in children.
(2) "Related services" does not mean any medical device that is
surgically implanted or the replacement of any such device.
(t) "Supplementary aids and services" means aids, services , and
other supports that are provided in regular education classes or other
education-related settings to enable children with disabilities to be
educated with nondisabled children to the maximum extent appropriate.
(u) "Individualized education program team" or "IEP team" means
a group of individuals composed of:
(1) The parents of a child;
(2) at least one regular education teacher of the child if the child
is, or may be, participating in the regular education environment;
(3) at least one special education teacher or, where appropriate, at
least one special education provider of the child;
(4) a representative of the agency directly involved in providing
educational services for the child who is:
(A) Qualified to provide or supervise the provision of specially
designed instruction to meet the unique needs of exceptional children;
(B) knowledgeable about the general curriculum; and
(C) knowledgeable about the availability of resources of the
agency;
(5) an individual who can interpret the instructional implications
of evaluation results;
(6) at the discretion of the parent or the agency, other individuals
who have knowledge or special expertise regarding the child, including
related services personnel as appropriate; and
(7) whenever appropriate, the child.
(v) "Evaluation" means a multisourced and multidisciplinary
examination, conducted in accordance with the provisions of K.S.A.
72-3428, and amendments thereto, to determine whether a child is an
exceptional child.
(w) "Independent educational evaluation" means an examination
that is obtained by the parent of an exceptional child and performed by
an individual or group of individuals who meet state and local
standards to conduct such an examination.
(x) "Elementary school" means any nonprofit institutional day or
residential school that offers instruction in any or all of the grades
kindergarten through nine.
(y) "Secondary school" means any nonprofit institutional day or
residential school that offers instruction in any or all of the grades nine
through 12.
(z) "Children with disabilities" means children who:
(1) Have an intellectual disability, hearing loss including deafness,
SENATE BILL No. 382—page 7
speech or language disorders, visual impairments including blindness,
emotional disability, orthopedic impairments, autism, dyslexia,
traumatic brain injury, other health impairments , or specific learning
disabilities and who, by reason thereof, need special education and
related services; and
(2) are experiencing one or more developmental delays and, by
reason thereof, need special education and related services if such
children are ages three through nine.
(aa) "Substantial change in placement" means the movement of an
exceptional child, for more than 25% of the child's school day, from a
less restrictive environment to a more restrictive environment or from a
more restrictive environment to a less restrictive environment.
(bb) "Material change in services" means an increase or decrease
of 25% or more of the duration or frequency of a special education
service, a related service or a supplementary aid or a service specified
on the IEP of an exceptional child.
(cc) "Developmental delay" means such a deviation from average
development in one or more of the following developmental areas, as
determined by appropriate diagnostic instruments and procedures, as
indicates indicating that special education and related services are
required:
(1) Physical;
(2) cognitive;
(3) adaptive behavior;
(4) communication; or
(5) social or emotional development.
(dd) "Homeless children" means "homeless children and youths"
as defined in the federal McKinney-Vento homeless assistance act, 42
U.S.C. § 11434a.
(ee) "Limited English proficient" means an individual who meets
the qualifications specified in section 9101 of the federal elementary
and secondary education act of 1965, as amended.
(ff) "Emotional disability" means the same as the term "emotional
disturbance" is used in public law 101-476, the individuals with
disabilities education act.
Sec. 4. K.S.A. 2025 Supp. 72-3422 is hereby amended to read as
follows: 72-3422. (a) Each year, the state board of education shall
determine the amount of state aid for the provision of special education
and related services each school district shall receive for the ensuing
school year. The amount of such state aid shall be computed by the
state board as provided in this section.
(b) (1) The state board shall determine the total amount of special
education state aid to be provided to school districts for the provision of
special education and related services as follows:
(A) Determine the total weighted full-time equivalent student
enrollment as provided on the legal maximum general fund calculation
data computed by the state department of education excluding the
special education and related services weighting, bilingual weighting,
transportation weighting, career technical education weighting and at-
risk student weighting;
(B) multiply the amount determined in paragraph (1)(A) by the
base aid for student excellence established pursuant to K.S.A. 72-5132,
and amendments thereto;
(C) divide the amount obtained in paragraph (1)(B) by the total
number of unweighted full-time equivalent students enrolled in all
school districts on September 20;
(D) determine the total full-time equivalent enrollment of
exceptional children receiving special education and related services
provided by all school districts;
SENATE BILL No. 382—page 8
(E) multiply the amount of the quotient obtained in paragraph (1)
(C) by the full-time equivalent enrollment determined in paragraph (1)
(D);
(F) multiply the amount of the product obtained in paragraph (1)
(E) by the statewide average local option budget authorized percent;
(G) add the amount determined in paragraph (1)(E) to the amount
determined in paragraph (1)(F);
(H) determine the amount of federal funds received by all school
districts for the provision of special education and related services;
(I) determine the amount of revenue received by all school
districts for medicaid reimbursements and rendered under contracts
with the state institutions for the provisions of special education and
related services by the state institution;
(J) add the amounts determined under paragraphs (1)(G) through
(1)(I);
(K) determine the total amount of expenditures of all school
districts for the provision of special education and related services;
(L) subtract the amount of the sum obtained under paragraph (1)
(J) from the amount determined under paragraph (1)(K); and
(M) multiply the amount determined under paragraph (1)(L) by
92%.
(2) Subject to appropriation acts of the legislature, the computed
amount is the total amount of state aid that shall be received for the
provision of special education and related services by school districts
for the ensuing school year.
(c) Except as provided in subsection (e), each school district shall
receive:
(1) Reimbursement for actual travel allowances paid to special
teachers at not to exceed the rate specified under K.S.A. 75-3203, and
amendments thereto, for each mile actually traveled during the school
year in connection with duties in providing special education or related
services for exceptional children. Such reimbursement shall be
computed by the state board by ascertaining the actual travel
allowances paid to special teachers by the school district for the school
year and shall be in an amount equal to 80% of such actual travel
allowances;
(2) reimbursement in an amount equal to 80% of the actual travel
expenses incurred for providing transportation for exceptional children
to special education or related services;
(3) reimbursement in an amount equal to 80% of the actual
expenses incurred for the maintenance of an exceptional child at some
place other than the residence of such child for the purpose of
providing special education or related services. Such reimbursement
shall not exceed $600 per exceptional child per school year; and
(4) (A) except for those school districts that receive
reimbursement under subsection (c)(4)(D) or (c)(4)(E), after
subtracting the amounts of reimbursement under subsections (c)(1), (c)
(2) and (c)(3) paragraphs (1), (2) and (3) from the total amount
appropriated for special education and related services under this act,
an amount which bears the same proportion to the remaining amount
appropriated as proportional to the number of full-time equivalent
special teachers who are qualified to provide special education or
related services to exceptional children that are employed by the school
district for who provide approved special education or related services
bears to exceptional children with IEPs administered by the school
district compared to the total number of such qualified full-time
equivalent special teachers employed by all school districts for who
provide approved special education or related services to exceptional
children with IEPs administered by all school districts. This
SENATE BILL No. 382—page 9
subparagraph shall not apply to school districts that receive
reimbursement pursuant to subparagraph (D) or (E).
(B) Each special teacher who is qualified to assist in the provision
of special education or related services to exceptional children shall be
counted as 2/5 full-time equivalent special teacher who is qualified to
provide special education or related services to exceptional children.
(C) For purposes of this paragraph, a special teacher, qualified to
assist in the provision of special education and related services to
exceptional children, who assists in providing special education and
related services to exceptional children at either the state school for the
blind or the state school for the deaf and whose services are paid for by
a school district pursuant to K.S.A. 76-1006 or 76-1102, and
amendments thereto, shall be considered a special teacher of such
school district.
(D) Each school district that has paid amounts for the provision of
special education and related services under an interlocal agreement
shall receive reimbursement under this paragraph. The amount of such
reimbursement for the school district shall be the amount that bears the
same relation to the aggregate amount available for reimbursement for
the provision of special education and related services under the
interlocal agreement, as the amount paid by such school district in the
current school year for provision of such special education and related
services bears to the aggregate of all amounts paid by all school
districts in the current school year who have entered into such interlocal
agreement for provision of such special education and related services.
(E) Each contracting school district that has paid amounts for the
provision of special education and related services as a member of a
cooperative shall receive reimbursement under this paragraph. The
amount of such reimbursement for the school district shall be the
amount that bears the same relation to the aggregate amount available
for reimbursement for the provision of special education and related
services by the cooperative, as the amount paid by such school district
in the current school year for provision of such special education and
related services bears to the aggregate of all amounts paid by all
contracting school districts in the current school year by such
cooperative for provision of such special education and related
services.
(d) For fiscal year 2025, and each fiscal year thereafter, the
legislature shall appropriate from the state general fund in the special
education services aid account of the state department of education an
amount that is equal to or greater than $601,018,818.
(e) (1) In fiscal year 2025, and each fiscal year thereafter, the state
department of education shall distribute from the special education
services aid account of the state general fund an amount equal to
$528,018,516, to school districts pursuant to the statutory distribution
schedule established pursuant to subsection (c).
(2) For fiscal year 2025, and each fiscal year thereafter, the state
board of education shall establish a special education services aid
equalization distribution schedule that prioritizes equalizing special
education services aid distributions to school districts. When
establishing or revising the special education services aid equalization
distribution schedule, the state board of education shall give
consideration to the discrepancies between each school district's excess
cost as determined pursuant to K.S.A. 2025 Supp. 72-3422a, and
amendments thereto. The purpose of such special education services
aid equalization distribution schedule shall be to provide for a more
equitable distribution of special education state aid among school
districts based on each school district's excess costs.
(3) Notwithstanding the provisions of subsection (c), for fiscal
SENATE BILL No. 382—page 10
year 2025, and each fiscal year thereafter, the state department of
education shall:
(A) Determine the total amount appropriated for such fiscal year
from the state general fund in the special education services aid account
of the state department of education;
(B) subtract $528,018,516 from the amount determined pursuant
to paragraph (3)(A); and
(C) distribute the amount of the difference determined under
paragraph (3)(B) to school districts pursuant to the special education
services aid equalization distribution schedule established by the state
board of education pursuant to paragraph (2).
(f) No time spent by a special teacher in connection with duties
performed under a contract entered into by the Kansas juvenile
correctional complex, the Larned juvenile correctional facility or the
Topeka juvenile correctional facility and a school district for the
provision of special education services by such state institution shall be
counted in making computations under this section.
(g) (1) There is hereby established in every school district a
special education fund that, which shall consist of all moneys deposited
therein or transferred thereto according to law. Notwithstanding any
other provision of law, all moneys received by the school district from
whatever source for special education shall be credited to the special
education fund established by this section, except that: (A) Amounts of
payments received by a school district under K.S.A. 72-3423, and
amendments thereto, and amounts of grants, if any, received by a
school district under K.S.A. 72-3425, and amendments thereto, shall be
deposited in the general fund of the district and transferred to the
special education fund; and (B) moneys received by a school district
pursuant to lawful agreements made under K.S.A. 72-3412, and
amendments thereto, shall be credited to the special education fund
established under the agreements.
(2) The expenses of a school district directly attributable to special
education shall be paid from the special education fund and from
special funds established under K.S.A. 72-3412, and amendments
thereto.
(3) Obligations of a school district pursuant to lawful agreements
made under K.S.A. 72-3412, and amendments thereto, shall be paid
from the special education fund established by this section.
Sec. 5. K.S.A. 2025 Supp. 72-3717 is hereby amended to read as
follows: 72-3717. (a) Any student enrolled in a virtual school on a full-
time basis may take any statewide assessment required pursuant to
K.S.A. 72-5170, and amendments thereto, in a virtual setting that best
meets the educational needs of the student. Any administration of a
virtual statewide assessment shall meet the following conditions:
(1) The assessment shall be administered by the virtual school to
the student at an assigned date and time that shall be in the same range
of dates assigned for the administration of assessments to students
enrolled in the same school district as the student enrolled in virtual
school but who do not attend virtual school;
(2) the assessment shall be administered during a synchronous
assessment session initiated and managed by an employee of the virtual
school;
(3) the assessment administered in the virtual setting shall be the
same assessment administered to students enrolled in a virtual school
but taking the assessment in an in-person setting;
(4) the student shall be monitored by the an assessment proctor
designated by the virtual school via a camera for the duration of the
assessment. If the assessment platform provides integrated camera
proctoring, the virtual school proctor may administer the assessment
SENATE BILL No. 382—page 11
and monitor the student using the same device. If the assessment
platform does not allow provide for integrated camera proctoring, the
student shall use two devices during the assessment. The first device
shall be used to take the assessment and the second device shall have a
functioning camera and be used to monitor the student during the
assessment have a second device with a functioning camera for the
virtual school proctor to monitor the student, or, upon request by the
student, the virtual school may provide such student a second device
with a functioning camera for the virtual school proctor to monitor
such student;
(5) the device on which the student takes the assessment shall
have browser lockdown software in operation for the duration of the
assessment to prohibit internet browser usage by the student;
(6) the student to proctor ratio during the administration of an
assessment shall be 10 to one or lower;
(7) the student shall not exit the assessment platform until
instructed to do so by the proctor; and
(8) the completed assessment shall be verified by the assessment
administrator designated by the virtual school.
(b) Any costs incurred by the state department of education in
implementing the provisions of this section shall be paid for from the
department's funds for administering all statewide assessments , except
that the costs incurred for any proctor designated by a virtual school
shall be paid by the virtual school.
(c) The state department of education may monitor the
administration of state assessments to virtual school students for the
same purpose and in a like manner as the department monitors the
administration of state assessments to non-virtual students.
(d) This section shall be a part of and supplemental to the virtual
school act.
Sec. 6. K.S.A. 2025 Supp. 72-3123, 72-3404, 72-3422 and 72-
3717 are hereby repealed.
SENATE BILL No. 382—page 12
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
SENATE, and passed that body
__________________________
SENATE adopted
Conference Committee Report ________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
HOUSE adopted
Conference Committee Report ________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.