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As Amended by Senate Committee
Session of 2026
SENATE BILL No. 384
By Committee on Education
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AN ACT concerning education; relating to public innovative districts;
extending the application deadline to operate as a public innovative
district from December 1 to May 1; deeming applications approved if
not approved or denied within 30 days of submission a certain number
of days; amending K.S.A. 72-4223 and 72-4225 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 72-4223 is hereby amended to read as follows: 72-
4223. (a) Except as provided in K.S.A. 72-4225, and amendments thereto,
the board of education of any school district may apply to the state board
for a grant of authority to operate such school district as a public
innovative district. The application shall be submitted in the form and
manner prescribed by the state board , and shall be submitted not later than
December 1 May 1 of the school year preceding the school year in which
the school district intends to operate as a public innovative district.
(b) The application shall include the following:
(1) A description of the educational programs of the public innovative
district;
(2) a description of the interest and support for partnerships between
the public innovative district, parents and the community;
(3) the specific goals and the measurable pupil outcomes to be
obtained by operating as a public innovative district; and
(4) an explanation of how pupil performance in achieving the
specified outcomes will be measured, evaluated and reported.
(c) (1) Within 90 30 45 days from the date such application is
submitted, the state board shall review the application to determine
compliance with this section , and shall approve or deny such application
on or before the conclusion of such 90-day 30-day 45-day period.
(2) If the application is determined to be in compliance with this
section, the state board shall approve such application and grant the school
district authority to operate as a public innovative district. Notification of
such approval shall be sent to the board of education of such school district
within 10 days after such decision.
(2)(3) If the state board determines such application is not in
compliance with either this section , or K.S.A. 72-4225, and amendments
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SB 384—Am. by SC 2
thereto, the state board shall deny such application. Notification of such
denial shall be sent to the board of education of such school district within
10 days after such decision and shall specify the reasons therefor. Within
30 days from the date such notification is sent, the board of education of
such school district may submit a request to the state board for
reconsideration of the application and may submit an amended application
with such request. The state board shall act on the request for
reconsideration within 60 30 45 days of receipt of such request.
(4) If the state board does not approve or deny such application
within the 30-day 45-day period established in paragraph (1), the
application shall be deemed approved.
(d) A public innovative district shall:
(1) Not charge tuition for any of the pupils residing within the public
innovative district;
(2) participate in all Kansas math and reading assessments applicable
to such public innovative district, or an alternative assessment program for
measuring student progress as determined by the board of education;
(3) abide by all financial and auditing requirements that are
applicable to school districts, except that a public innovative district may
use generally accepted accounting principles;
(4) comply with all applicable health, safety and access laws; and
(5) comply with all statements set forth in the application submitted
pursuant to subsection (a).
(e) (1) Except as otherwise provided in K.S.A. 72-4221 through 72-
4230, and amendments thereto, or as required by the board of education of
the public innovative district, a public innovative district shall be exempt
from all laws and rules and regulations that are applicable to school
districts.
(2) A public innovative district shall be subject to the special
education for exceptional children act, the virtual school act, the Kansas
school equity and enhancement act, K.S.A. 72-5131 et seq., and
amendments thereto, the provisions of K.S.A. 72-53,113 et seq., and
amendments thereto, all laws governing the issuance of general obligation
bonds by school districts, the provisions of K.S.A. 74-4901 et seq., and
amendments thereto, and all laws governing the election of members of
the board of education, the open meetings act as provided in K.S.A. 75-
4317 et seq., and amendments thereto, and the open records act as
provided in K.S.A. 45-215 et seq., and amendments thereto.
Sec. 2. K.S.A. 72-4225 is hereby amended to read as follows: 72-
4225. (a) Until such time as two or more public innovative districts have
been granted authority to operate as public innovative districts pursuant to
K.S.A. 72-4223, and amendments thereto, any board of education of a
school district desiring to operate as a public innovative district shall
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submit a request for approval to operate as a public innovative district to
the governor, the chairperson of the senate committee on education and the
chairperson of the house of representatives committee on education and
have such request approved by a majority of the three persons prior to
submitting an application to the state board under K.S.A. 72-4223, and
amendments thereto. The request for approval shall include such
information as is required to be included on an application for authority to
operate as a public innovative district under K.S.A. 72-4223, and
amendments thereto.
(b) Upon the approval of the first two public innovative districts, the
board of education of a school district desiring to operate as a public
innovative district shall submit a request for approval to operate as a
public innovative district to the coalition board and have such request
approved by the coalition board prior to submitting any application to the
state board under K.S.A. 72-4223, and amendments thereto. The coalition
board, in its sole discretion, shall approve or deny the request. As part of
its review of such request, the coalition board may make recommendations
to the requesting school district to modify the request , and may consider
any such modifications prior to making a final decision.
(c) The request for approval required by subsection (b) shall include
such information as is required to be included on an application for
authority to operate as a public innovative district under K.S.A. 72-4223,
and amendments thereto. Copies of the request for approval shall be
submitted to each public innovative district that is a member of the
coalition. Within 30 days after receipt of the request for approval by the
last member to receive such request, the coalition board shall meet to
approve or deny the request. Notification of the approval or denial of a
request shall be sent to the board of education of the requesting school
district within 10 days after such decision. If the coalition board does not
approve or deny such request within 30 days, such request shall be
deemed approved. If the request is denied, the notification shall specify the
reasons therefor. Within 30 days from the date a notification of denial is
sent, the board of education of the requesting school district may submit a
request to the coalition board for reconsideration of the request for
approval and may submit an amended request for approval with the
request for reconsideration. The coalition board shall act on the request for
reconsideration within 30 days of receipt of such request.
(d) (1) Except as provided by paragraph (2) of this subsection, no not
more than 10% of the school districts in the state shall operate as public
innovative districts at any one time. Any request for approval submitted at
such time shall be denied by the coalition board.
(2) An amount in excess of 10% but not to exceed 20% of school
districts in the state may operate as public innovative districts if such
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SB 384—Am. by SC 4
school district operates a school within its district which is deemed to be
either a title I focus school or a title I priority school as described by the
state board under the elementary and secondary education act flexibility
waiver, as amended in January of 2013. Any request for approval under
this paragraph shall be reviewed by the coalition board for approval.
Sec. 3. K.S.A. 72-4223 and 72-4225 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the Kansas register.
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