reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 72 - Schools › Article 26 - School District Employee Retirement Systems › 72-26,121 Same; members accounts in supplemental retirement fund; payments.

72-26,121.
Same; members accounts in supplemental retirement fund; payments.
The board shall establish and maintain in the supplemental retirement fund an account for each member of the supplemental retirement system. There shall be credited to such account:
(1) The amount annually contributed by the board based on the member's salary;
(2) a proportionate share of interest received on investments of the fund and of gifts made to the fund, such share to be in the ratio that each member's account bears to the total of all members' accounts: Provided, That if the terms of any gift provide for a different distribution, such gift shall be distributed in accordance with the terms thereof;
(3) in the case of members who were contributing members of the separate retirement system at the time it was abolished, the residue of the separate retirement fund shall be credited to such members' accounts in the ratio that the amount paid for each member bears to the total amount paid to the state retirement system.
Such account shall be used for the purpose of paying the benefits upon retirement as provided in subsection (1) of K.S.A. 72-17,111. In case any member of the supplemental retirement system shall terminate his employment with the board prior to retirement, or shall die prior to retirement, or shall die prior or subsequent to retirement, such member, his heirs or estate, shall not be entitled to any payments from the supplemental retirement fund by reason of any amounts credited to his account. Upon the termination of the employment of any member before retirement, or upon his death either prior to or subsequent to retirement, the remaining amount credited to his account may, under rules and regulations established by the board, be distributed among the accounts of the remaining members, or credited to a separate account maintained for the purpose of paying retirement benefits to employees retired because of disability.
History:
L. 1951, ch. 409, § 7; June 30.
2023 Kansas Statutes › Chapter 72 - Schools › Article 26 - School District Employee Retirement Systems › 72-26,122 Same; rules and regulations.

72-26,122.
Same; rules and regulations.
The board is authorized to establish rules and regulations governing the administration of the supplemental retirement system authorized by this act.
History:
L. 1951, ch. 409, § 8; June 30.
2023 Kansas Statutes › Chapter 72 - Schools › Article 26 - School District Employee Retirement Systems › 72-26,123 Certain retirement systems; "board of education" defined.

72-26,123.
Certain retirement systems; "board of education" defined.
Unless a different meaning is clearly required by the context, the words "board of education" when used in this act, shall mean any board of education which, prior to the effective date of this act, has established and is operating a retirement system under any of the provisions of K.S.A. 72-1726 to 72-1734, both sections inclusive, or K.S.A. 72-1780 to 72-17,107, both sections inclusive.
History: L. 1953, ch. 328, § 1; April 8.
2023 Kansas Statutes › Chapter 72 - Schools › Article 26 - School District Employee Retirement Systems › 72-26,124 Same; continuation as supplemental systems and membership in state retirement system; procedure and rights.

72-26,124.
Same; continuation as supplemental systems and membership in state retirement system; procedure and rights.
The members of any retirement system of any board of education operating under any of the provisions of K.S.A. 72-1726 to 72-1734, both sections inclusive, or K.S.A. 72-1780 to 72-17,107, both sections inclusive, (not including members previously retired) and who are school employees as said term is defined in K.S.A. 72-5501 or any amendments thereto, shall become members of the state school retirement system in the manner and subject to the conditions prescribed by K.S.A. 72-5501 or any amendments thereto on September 1st following: (a) The presentation of a petition signed by not less than fifty-one percent (51%) of members of such retirement systems, exclusive of members who have retired, requesting membership in the state school retirement system and requesting continuation of the retirement system of the board of education as a supplemental retirement system in accordance with the provisions of this act, and (b) passage of a resolution by the board of education providing for the continuation of its retirement system as a supplemental retirement system in accordance with the provisions of this act.
The sufficiency of the petition shall be determined by the board of education, and upon the filing of such petition and passage of a resolution as provided above, the clerk of the board shall certify to the state school retirement board that such petition has been presented and such resolution has been adopted. The board of education shall contribute to the state school retirement system from the retirement fund of the board of education the amounts required by subsection (d) of K.S.A. 72-5501 to enable the members of its retirement system to become eligible for membership in the state school retirement system: Provided, That in the event any member of the retirement system of the board of education who becomes a member of the state school retirement system shall be retired before continuing in service under said state school retirement system for a year, and is thereby ineligible to receive any annuity from the state school retirement system, the amount contributed by the board of education to the state school retirement fund for the benefit of such member shall be repaid to the board of education and placed in its supplemental retirement fund. School employees of the board of education who are not members of its retirement system may, if otherwise eligible, elect to become members of the state school retirement system, and shall be entitled to service credit in the state school retirement system in accordance with the provisions thereof.
History: L. 1953, ch. 328, § 2; April 8.
2023 Kansas Statutes › Chapter 72 - Schools › Article 26 - School District Employee Retirement Systems › 72-26,126 Same; residues; tax levy, use of proceeds; interest from investments.

72-26,126.
Same; residues; tax levy, use of proceeds; interest from investments.
For the purpose of financing the supplemental retirement system established under the provisions of this act, the board of education shall establish a supplemental retirement fund to which shall be credited:
(1) Any residue in a retirement fund established under any of the provisions of K.S.A. 72-1726 to 72-1734, inclusive, and amendments thereto, or K.S.A. 72-1780 to 72-17,107, inclusive, and amendments thereto, after payment of the state school retirement fund of the amounts required by subsection (d) of K.S.A. 72-5501.
(2) The proceeds of a special tax levy of not to exceed two mills per annum upon all taxable tangible property within the taxing jurisdiction of the board of education; and said board of education is hereby authorized to make such an annual tax levy for such retirement fund and for the purpose of paying a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located within the school district. Said levy shall be in addition to all other tax levies authorized or limited by law and shall not be subject to or within any aggregate tax levy limits prescribed by article 19 of chapter 79 of the Kansas Statutes Annotated and any amendments thereto.
(3) Interest from investments of the fund.
History:
L. 1953, ch. 328, § 4; L. 1979, ch. 52, § 176; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 26 - School District Employee Retirement Systems › 72-26,127 Same; investment of fund.

72-26,127.
Same; investment of fund.
The supplemental retirement fund may be invested by the board of education as provided in K.S.A. 72-17,125.
History: L. 1953, ch. 328, § 5; L. 1973, ch. 282, § 7; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 26 - School District Employee Retirement Systems › 72-26,128 Same; retirement benefits exempt from income tax.

72-26,128.
Same; retirement benefits exempt from income tax.
Any retirement benefits paid under the provisions of this act and acts to which this act is amendatory, shall not be subject to taxation under the Kansas income tax act.
History: L. 1953, ch. 328, § 6; April 8.
2023 Kansas Statutes › Chapter 72 - Schools › Article 26 - School District Employee Retirement Systems › 72-26,129 Same; issuance of no-fund warrants, when; payment.

72-26,129.
Same; issuance of no-fund warrants, when; payment.
If at any time the supplemental retirement fund, exclusive of amounts subject to withdrawal by the members, shall be insufficient to pay retirement benefits to the members as they become due, no-fund warrants may be issued by the board of education as provided by K.S.A. 79-2940, or any amendments thereto, except the notation required in said section shall be: "Issued pursuant to authority of law" followed by the citation of this act: Provided, That such no-fund warrants shall not be issued after the end of the first full fiscal year following the effective date of this act, and the approval of the state commission of revenue and taxation shall not be required for the issuance of such warrants.
The board of education shall use the proceeds of such no-fund warrants to pay the retirement benefits accruing to members of the supplemental retirement system. The said board of education shall make a levy at the first tax levying period after such warrants are issued sufficient to pay such warrants and the interest thereon as may be required during any budget year. Such levy shall be in addition to all other levies authorized or limited by law and shall not be subject to nor within any aggregate tax levy limit prescribed by article 19 of chapter 79 of the Kansas Statutes Annotated or any amendments thereto.
History: L. 1953, ch. 328, § 7; April 8.
2023 Kansas Statutes › Chapter 72 - Schools › Article 26 - School District Employee Retirement Systems › 72-26,130 Same; refunds authorized in certain cases.

72-26,130.
Same; refunds authorized in certain cases.
The board of education of any school district which is operating a supplemental retirement system under the provisions of K.S.A. 72-17,117 to 72-17,123, both sections inclusive, for the purpose of continuing its retirement systems established under any of the provisions of K.S.A. 72-1726 to 72-1734, both sections inclusive, or K.S.A. 72-1780 to 72-17,107, both sections inclusive, which has in its employ teachers or school employees who were members of any such retirement systems prior to September 1, 1941, may, in its discretion, by resolution duly passed, provide that if any such teacher or school employee has been or shall be retired in or after the year 1965, and upon such retirement was or is not entitled to any supplemental retirement benefits payable from its supplemental retirement fund, then such retired teacher or school employee shall be entitled to a refund of all contributions made by him prior to September 1, 1941, to the retirement fund of any retirement system established under said K.S.A. 72-1726 to 72-1734, both sections inclusive, or K.S.A. 72-1780 to 72-17,107, both sections inclusive. Said refunds shall be paid to such retired teacher or school employee out of the supplemental retirement fund of said school district. Expenditures made under authority of this act by any school district shall not apply in determining any limitation under K.S.A. 1965 Supp. 72-7015 [*], as amended by section 1 of chapter 9 of 1966 special session laws.
History:
L. 1967, ch. 386, § 1; July 1.
* Section repealed by L. 1967, ch. 409, § 20.
2023 Kansas Statutes › Chapter 72 - Schools › Article 26 - School District Employee Retirement Systems › 72-26,131 Same; investment of fund with balance greater than $50,000; prudent investor rule; certain investments authorized for funds with balance less than $50,000.

72-26,131.
Same; investment of fund with balance greater than $50,000; prudent investor rule; certain investments authorized for funds with balance less than $50,000.
(a) The board of education of any school district to which K.S.A. 72-1727, 72-1760, 72-1781, 72-1789, 72-17,100, 72-17,108 or 72-17,121, and amendments thereto, apply, and the retirement fund of which has a balance greater than $50,000, may invest and reinvest moneys in the retirement fund of the school district and to acquire, retain, manage, including the exercise of any voting rights, and dispose of investments of such fund in accordance with this subsection and K.S.A. 72-17,126 to 72-17,131, inclusive, and amendments thereto. The provisions and standards provided in K.S.A. 58-24a02 and amendments thereto shall apply in investing or reinvesting moneys in such fund.
(b) The board of education of any school district to which K.S.A. 72-1727, 72-1760, 72-1781, 72-1789, 72-17,100, 72-17,108 or 72-17,121, and amendments thereto, apply, and the retirement fund of which has a balance of $50,000 or less, may invest and reinvest moneys in such fund only in direct obligations of, or obligations the principal of which and interest on which are unconditionally guaranteed by, the United States of America, or in time deposit open accounts in any bank located in Kansas, except that the amount so invested in a bank shall be secured in the manner prescribed by subsections (a) to (e), inclusive, of K.S.A. 75-4218, and amendments thereto.
History:
L. 1973, ch. 282, § 8; L. 1989, ch. 48, § 90; L. 1993, ch. 238, § 3; L. 2001, ch. 75, § 11; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 26 - School District Employee Retirement Systems › 72-26,132 Same; policies for investment of fund; formulation and review.

72-26,132.
Same; policies for investment of fund; formulation and review.
Subject to the standards, objectives and restrictions set forth in K.S.A. 72-17,125, each such board of education shall formulate policies for the investment and reinvestment of moneys in the retirement fund of the school district and the acquisition, retention, management and disposition of investments of such fund. From time to time, each board of education shall review any policies so adopted and make such changes therein as it deems necessary.
History:
L. 1973, ch. 282, § 9; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 26 - School District Employee Retirement Systems › 72-26,133 Same; contracts with financial advisors authorized; payment for services; fidelity bond.

72-26,133.
Same; contracts with financial advisors authorized; payment for services; fidelity bond.
Any such board of education may enter into contracts with one or more financial advisors whom it determines to be qualified, whereby the financial advisors undertake to perform the functions specified in K.S.A. 72-17,125 to the extent provided in the contract. Performance of functions under contract so entered into shall be paid for out of the gross interest or other income of the investments with respect to which the functions are performed, and the net interest or other income of the investments after that payment shall be considered income of such retirement fund. Each board of education may require a financial advisor contracted with to give a fidelity bond in such sum as may be fixed by law or, if not so fixed, as may be fixed by the board of education, with corporate surety authorized to do business in this state.
History:
L. 1973, ch. 282, § 10; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 26 - School District Employee Retirement Systems › 72-26,134 Same; reliance on legal opinions.

72-26,134.
Same; reliance on legal opinions.
In the acquisition or disposition of securities, each board of education may rely on the written legal opinion of a reputable and nationally recognized bond attorney or attorneys, or the written legal opinion of the attorney of the financial advisors.
History:
L. 1973, ch. 282, § 11; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 26 - School District Employee Retirement Systems › 72-26,135 Same; custody of fund; payment for services of banks, trust companies.

72-26,135.
Same; custody of fund; payment for services of banks, trust companies.
Except as provided in K.S.A. 72-17,127 and this section the custody of money and securities of each retirement fund shall remain in the custody of the respective school district treasurer, except that each board of education may arrange for the custody of such money and securities as it considers advisable with a member bank or trust company of the federal reserve system in the state of Kansas to be held in safekeeping by the bank or trust company for the collection of the principal and interest or other income or of the proceeds of sale. The services provided by any such bank or trust company shall be paid for out of the gross receipts from such interest or other income, and the net interest or other income after such payment shall be considered income of the respective retirement fund.
History:
L. 1973, ch. 282, § 12; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 26 - School District Employee Retirement Systems › 72-26,136 Same; reports; monthly records.

72-26,136.
Same; reports; monthly records.
Each board of education shall establish the requirements and procedure for reporting any and all activity relating to investment functions provided for in this act, in order to prepare a record monthly of the investment income and changes made during the preceding month. The record shall reflect a detailed summary of investment, reinvestment, purchase, sale and exchange transactions, showing the dates thereof, the prices paid and obtained, the names of the dealers and such other information as the board of education may consider advisable to reflect a true accounting of the investment activity of the retirement fund.
History:
L. 1973, ch. 282, § 13; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 26 - School District Employee Retirement Systems › 72-26,137 Same; annual examination of investment program.

72-26,137.
Same; annual examination of investment program.
Each board of education shall provide for an examination of the investment program annually. The examination shall include an evaluation of current investment policies and practices and of specific investments of the funds in relation to the standards and objectives set forth in K.S.A. 72-17,125 and other criteria as may be appropriate, and recommendations relating to the investment policies and practices and to specific investments of the retirement fund as are considered necessary or desirable.
History:
L. 1973, ch. 282, § 14; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 26 - School District Employee Retirement Systems › 72-26,138 Certain districts; retirement systems.

72-26,138.
Certain districts; retirement systems.
Whenever there is included in any unified district a disorganized district in which was maintained as of January 1, 1965, a school employees' retirement system separate from or supplemental to the state school retirement system at the time of inclusion in said unified district then said unified district shall assume all authority granted and all responsibilities imposed by all statutes relating to such retirement system applicable at the effective date of unification and all subsequent amendments thereto.
History: L. 1965, ch. 420, § 22; L. 1967, ch. 384, § 6; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 26 - School District Employee Retirement Systems › 72-26,139 Increased retirement payments for certain districts, when.

72-26,139.
Increased retirement payments for certain districts, when.
The monthly payments of annuity as otherwise provided shall be increased effective July 1, 1967, by the amount the monthly payment, if any, paid to the board of education as provided by K.S.A. 72-5512a as representing the school service annuity to which the annuitant would have been eligible if a member of the state retirement system, exceeds one hundred five dollars ($105).
History:
L. 1967, ch. 401, § 2; L. 1968, ch. 280, § 1; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 31 - School Attendance › 72-3116 School term; exceptions not to affect employee contracts; immunity from liability for boards of education.

72-3116.
School term; exceptions not to affect employee contracts; immunity from liability for boards of education.
Exceptions to the duration of the school term provided for under authority of K.S.A. 72-3115, shall not be construed or applied in any manner so as to affect or impair the obligations of lawful contracts of employees for the school year with the board of education of any school district, and the financial provisions of all such lawful contracts shall remain the valid and binding financial obligations of the school district. If the duration of any school term is altered or modified by any exception thereto provided for in K.S.A. 72-3115, the amount of compensation specified in any such employee's contract with the board of education shall not be reduced, modified or affected thereby. No liability, civil or criminal, with respect to the misuse of public funds, shall attach to any board of education, or any member thereof, for complying with the provisions of this section.
History:
L. 1978, ch. 288, § 3; L. 1980, ch. 217, § 2; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 31 - School Attendance › 72-3117 School term; effect of disaster on duration; waiver by state board, requirements; disaster defined.

72-3117. School term; effect of disaster on duration; waiver by state board, requirements; disaster defined.
(a) The state board of education may waive the requirements of law relating to the duration of the school term in any school year upon application for such waiver by a school district. The waiver may be granted by the state board of education upon:
(1) Certification by a board of education that, due to a disaster, conditions resulting from widespread or severe property damage caused by the disaster will exist in the school district for an inordinate period of time; and
(2) a determination by the state board that the school district cannot reasonably adjust its schedule to comply with such requirements of law. The period of time school is not maintained during any school year due to conditions resulting from a disaster, upon granting of the waiver by the state board of education, shall be considered a part of the school term.
(b) As used in this section, the term "disaster" means the occurrence of widespread or severe damage, injury or loss of life or property resulting from any natural or manmade cause, including, but not limited to, fire, flood, earthquake, tornado, wind, storm, an epidemic, air contamination, blight, drought, infestation or explosion.
History:
L. 2001, ch. 149, § 1; L. 2020, ch. 3, § 1; L. 2021, ch. 114, § 9; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 31 - School Attendance › 72-3118 Age of eligibility for school attendance.

72-3118.
Age of eligibility for school attendance.
(a) Subject to the provisions of subsection (b), any child is eligible to attend the elementary grades in the school district in which the child resides or in a school district which has entered into an agreement in accordance with and under authority of K.S.A. 72-13,101, and amendments thereto, with the school district in which 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 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), any child is eligible to attend kindergarten in the school district in which the child resides or in a school district which has entered into an agreement in accordance with and under authority of K.S.A. 72-13,101, and amendments thereto, with the school district in which 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 year;
(d) 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.
History:
L. 1919, ch. 258, § 1; R.S. 1923, 72-1107; L. 1943, ch. 248, § 39; L. 1965, ch. 405, § 1; L. 1981, ch. 278, § 1; L. 1982, ch. 294, § 1; L. 1984, ch. 261, § 7; L. 1991, ch. 220, § 2; L. 1994, ch. 37, § 1; L. 1994, ch. 318, § 1; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 31 - School Attendance › 72-3119 Census of children in school district; authority of boards of education.

72-3119.
Census of children in school district; authority of boards of education.
The board of education of each school district may cause an annual census to be taken of all children under the age of twenty-one years residing in the district as of the first day of January. Such census may show separately the number of children under the age of five years, the number between the ages of five and twenty-one, and the date of birth of all such children and such other information relating to such children as may be provided for by law or under rules and regulations adopted by the state board of education. Such information may be ascertained by means of personal interviews with the families of children living in the district. Boards of education may use any other reasonable method of ascertaining such information.
History: L. 1951, ch. 395, § 73; L. 1957, ch. 394, § 1; L. 1961, ch. 337, § 1; L. 1965, ch. 410, § 13; L. 1969, ch. 310, § 10; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 31 - School Attendance › 72-3122 School attendance based on residency of student.

72-3122. School attendance based on residency of student.
(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 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 as a result of placement therein by a district court or by the secretary for children and families; or
(3) 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.
History:
L. 1943, ch. 248, § 36; L. 1976, ch. 308, § 1; L. 1977, ch. 242, § 1; L. 1981, ch. 277, § 1; L. 1984, ch. 261, § 3; L. 1989, ch. 214, § 1; L. 1992, ch. 199, § 3; L. 2014, ch. 115, § 285; L. 2022, ch. 94, § 15; July 1, 2023.
2023 Kansas Statutes › Chapter 72 - Schools › Article 31 - School Attendance › 72-3124 Provision of transportation for nonresident students authorized; calculation of transportation weighting.

72-3124. Provision of transportation for nonresident students authorized; calculation of transportation weighting.
(a) The board of education of any school district shall allow any student who is not a resident of the district to enroll in and attend school in such district pursuant to 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.
History:
L. 1997, ch. 183, § 2; L. 1999, ch. 20, § 1; L. 2000, ch. 155, § 1; L. 2001, ch. 22, § 1; L. 2008, ch. 172, § 1; L. 2010, ch. 149, § 1; L. 2012, ch. 155, § 2; L. 2015, ch. 4, § 29; L. 2015, ch. 92, § 5; L. 2017, ch. 95, § 61; L. 2022, ch. 94, § 17; July 1, 2023.
2023 Kansas Statutes › Chapter 72 - Schools › Article 31 - School Attendance › 72-3126 Nonresident students; school district policies to determine nonresident student enrollment capacity.

72-3126. Nonresident students; school district policies to determine nonresident student enrollment capacity.
(a) (1) On or before January 1, 2024, each board of education of a school district shall adopt a policy to determine the number of nonresident students that the school district has the capacity to accept in each grade level for each school of the school district pursuant to K.S.A. 72-3123, and amendments thereto. Such policies shall clearly specify the reasons that the board may use to deny continued enrollment of a nonresident student who is not in good standing. Such reasons for a denial of continued enrollment may include, but shall not be limited to, the nonresident student's record of school absenteeism and repeated suspensions or expulsions.
(2) A school district's policy adopted pursuant to this section shall consider the adverse impact of homelessness on a student's attendance and any resulting suspensions or expulsions before making a determination on the continued enrollment of a student who is homeless. A district shall consider the obstacles a homeless student faces to arrive at school on time or each day due to housing instability, lack of transportation or lack of other basic resources that can hinder consistent attendance.
(b) Prior to adopting such policy, the board of education shall call and hold a hearing on the proposed policy. The board of education shall provide notice of such hearing, which shall include the time, date and place of the public hearing to be held on the proposed policy. Such notice shall be published at least once each week for two consecutive weeks in a newspaper of general circulation in the school district and shall also be posted on the school district's website.
(c) At such hearing, a representative of the board shall present the board's proposal for the policy and the board shall hear testimony regarding the proposed policy. Following the public hearing, after consideration of the testimony and evidence presented or submitted at such public hearing, the board shall determine whether to adopt or revise the proposed policy at a subsequent public meeting of the board.
(d) The policy adopted pursuant to subsection (a) shall be published on the school district's website.
(e) The provisions of this section shall not apply to any school located on a military installation as defined in K.S.A. 72-8268, and amendments thereto.
History:
L. 2022, ch. 94, § 9; L. 2023, ch. 98, § 10; June 8.
2023 Kansas Statutes › Chapter 72 - Schools › Article 31 - School Attendance › 72-3127 Same; definitions.

72-3127. Same; definitions.
(a) As used in K.S.A. 72-3122 through 72-3125, and amendments thereto, and K.S.A. 2023 Supp. 72-3126, and amendments thereto:
(1) "Homeless child" means a child who lacks a fixed, regular and adequate nighttime residence and whose primary nighttime residence is:
(A) A supervised publicly or privately operated shelter designed to provide temporary living accommodations, including welfare hotels, congregate shelters and transitional housing for the mentally ill;
(B) an institution that provides a temporary residence for individuals intended to be institutionalized; or
(C) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for humans.
(2) "Nonresident student" or "nonresident transfer student" means a student who is enrolled and in attendance at or seeking to enroll and attend a school located in a district where such student is not a resident.
(3) "Parent" means and includes natural parents, adoptive parents, stepparents and foster parents.
(4) "Person acting as parent" means:
(A) A guardian or conservator; or
(B) a person, other than a parent, who:
(i) Is liable by law to maintain, care for or support the child;
(ii) has actual care and control of the child and is contributing the major portion of the cost of support of the child;
(iii) has actual care and control of the child with the written consent of a person who has legal custody of the child; or
(iv) has been granted custody of the child by a court of competent jurisdiction.
(5) "Receiving school district" means a school district of nonresidence of a student who attends school in such school district.
(6) "School district" means a school district organized and operating under the laws of this state.
(7) "Sending school district" means a school district of residence of a student who attends school in a school district not of the student's residence.
(8) "Sibling" means a brother or sister of the whole or half blood, adoptive brother or sister, a stepbrother or stepsister or a foster brother or foster sister.
(b) This section shall take effect and be in force from and after July 1, 2023.
History:
L. 2022, ch. 94, § 8; May 26.
2023 Kansas Statutes › Chapter 72 - Schools › Article 31 - School Attendance › 72-3131 School attendance review board; members, meetings; rules and regulations.

72-3131. School attendance review board; members, meetings; rules and regulations.
(a) The board of education of each school district in this state may establish a school attendance review board or may enter into a cooperative or interlocal cooperation agreement with one or more other boards of education for the joint establishment of a school attendance review board. Each school attendance review board shall include, but need not be limited to, one or more persons representing each of the following: (1) Parents of pupils of the district or districts; (2) the Kansas department for children and families; (3) the superintendent of schools of each participating school district; (4) teachers of the school district or districts; (5) school guidance personnel; (6) law enforcement agencies having jurisdiction in the district or districts; and (7) community-based agencies providing services to youth.
(b) The superintendent of schools of the school district that has established a school attendance review board as provided in subsection (a), at the beginning of each school year, shall convene a meeting of the school attendance review board for the purpose of adopting plans to promote interagency and community cooperation and to reduce the duplication of services provided to youth who have serious school attendance problems. If more than one board of education is participating in a school attendance review board, the superintendent of schools of the school district having the most pupils shall convene the meeting provided for by this subsection.
(c) The school attendance review board may elect from among its members a chairperson having responsibility for coordinating the services of the board and may elect such other officers as determined by the board.
(d) The school attendance review board may adopt rules and regulations as necessary to govern its procedure and to enable the board to carry out the provisions of this act.
History:
L. 1996, ch. 229, § 151; L. 2014, ch. 115, § 294; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 31 - School Attendance › 72-3132 Subpoena power.

72-3132.
Subpoena power.
(a) When a pupil has been referred to a school attendance review board under K.S.A. 72-3135, the board, for the purpose of making a proper disposition of the referral, may request the district court having jurisdiction to issue subpoenas requiring the attendance of the following:
(1) The pupil;
(2) the pupil's parents, guardians or other person having control of the pupil;
(3) the school authority referring the pupil; and
(4) any other person the school attendance review board may require as a witness in the matter.
(b) The district court may issue subpoenas requiring the attendance of witnesses or the production of pertinent written materials, subject to K.S.A. 60-245 and amendments thereto.
(c) The district court shall not have jurisdiction to order detention in any secure facility or other confinement for failure to comply with a subpoena issued pursuant to this section.
History:
L. 1996, ch. 229, § 152; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 31 - School Attendance › 72-3133 Inventory of community services; recommendations for further services.

72-3133.
Inventory of community services; recommendations for further services.
Any school attendance review board established pursuant to K.S.A. 72-3131 shall maintain a continuing inventory of community resources, including alternative educational programs, and make recommendations for the improvement of such resources and programs or for the creation of new resources and programs where none exist.
History:
L. 1996, ch. 229, § 153; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 31 - School Attendance › 72-3134 Personnel represent entities on board; costs.

72-3134.
Personnel represent entities on board; costs.
Each entity represented on a school attendance review board may assign personnel to represent the entity on a continuing basis in accordance with the intent of this act. The duties, obligations or responsibilities which may be imposed on entities by this act are such that the related costs are incurred as a part of the entities' normal operating procedures. The minor costs of such services may be borne by each entity and each or all of the participants may apply for and utilize state or federal funds as may be available.
History:
L. 1996, ch. 229, § 154; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 31 - School Attendance › 72-3135 Referral of students; notice; resolving the problem.

72-3135. Referral of students; notice; resolving the problem.
(a) If a pupil is required by law to attend school and is irregular in attendance at school, the pupil may be referred to the school attendance review board. Each board of education shall designate one or more employees to make such referrals. Upon making a referral, the employee shall notify the pupil and the pupil's parents or guardians, in writing, of the name and address of the school attendance review board and of the reason for the referral. The notice shall indicate that the pupil and parents or guardians of the pupil will be required, along with the referring person, to meet with the school attendance review board to consider a proper disposition of the referral.
(b) If the school attendance review board determines that available community services can resolve the problem of the referred pupil, the board shall direct the pupil or the pupil's parents or guardians, or both, to make use of those community services. The school attendance review board may require, at such time as it determines proper, the pupil or parents or guardians of the pupil, or both, to furnish satisfactory evidence of participation in the available community services.
(c) If the school attendance review board determines that available community services cannot resolve the problem of the referred pupil or if the pupil or the pupil's parents or guardians, or both, have failed to respond to directives of the school attendance review board or to services provided, the school attendance review board may notify the secretary for children and families or the appropriate county or district attorney. If the case is referred to the district court, the school attendance review board shall submit to the district court documentation of efforts to secure attendance as well as the board's recommendations on what action the district court shall take in order to bring about proper disposition of the case.
History:
L. 1996, ch. 229, § 155; L. 2014, ch. 115, § 295; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 31 - School Attendance › 72-3136 In-person attendance option required during the 2020-2021 school year.

72-3136. In-person attendance option required during the 2020-2021 school year.
Notwithstanding any other provision of law to the contrary, on and after March 31, 2021, for school year 2020-2021, every school district in this state shall provide a full-time, in person attendance option for every student enrolled in kindergarten or grades one through 12 in such school district.
History:
L. 2021, ch. 19, § 1; April 15.
2023 Kansas Statutes › Chapter 72 - Schools › Article 32 - School Curriculum › 72-3214 Required subjects in elementary schools.

72-3214.
Required subjects in elementary schools.
Every accredited elementary school shall teach reading, writing, arithmetic, geography, spelling, English grammar and composition, history of the United States and of the state of Kansas, civil government and the duties of citizenship, health and hygiene, together with such other subjects as the state board may determine. The state board shall be responsible for the selection of subject matter within the several fields of instruction and for its organization into courses of study and instruction for the guidance of teachers, principals and superintendents.
History:
R.S. 1923, 72-1101; L. 1943, ch. 248, § 37; L. 1945, ch. 282, § 57; L. 1968, ch. 20, § 1; L. 1972, ch. 253, § 1; L. 1979, ch. 220, § 11; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 32 - School Curriculum › 72-3215 Preschool programs; interlocal agreements; contracts to provide programs; fees.

72-3215. Preschool programs; interlocal agreements; contracts to provide programs; fees.
(a) The board of education of any school district may:
(1) Offer and teach courses and conduct preschool programs for children under the age of eligibility to attend kindergarten.
(2) Enter into cooperative or interlocal agreements with one or more other boards for the establishment, operation and maintenance of such preschool programs.
(3) Contract with private, nonprofit corporations or associations or with any public or private agency or institution, whether located within or outside the state, for the establishment, operation and maintenance of such preschool programs.
(4) Prescribe and collect fees for providing such preschool programs.
(b) Fees for providing preschool programs shall be prescribed and collected only to recover the costs incurred as a result of and directly attributable to the establishment, operation and maintenance of the preschool programs. Revenues from fees collected by a board under this section shall be deposited in the general fund of the school district and shall be considered reimbursements to the district for the purpose of the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto, and may be expended whether the same have been budgeted or not and amounts so expended shall not be considered operating expenses.
History:
L. 1965, ch. 410, § 41; L. 1980, ch. 222, § 1; L. 2003, ch. 104, § 8; L. 2015, ch. 4, § 47; L. 2017, ch. 95, § 75; July 1.
2023 Kansas Statutes › Chapter 72 - Schools › Article 32 - School Curriculum › 72-3216 Kindergarten, grade and unit of instruction requirements; alternative provision; general powers of boards; attendance subdistricts; disposition of unneeded property; acquisition of property.

72-3216. Kindergarten, grade and unit of instruction requirements; alternative provision; general powers of boards; attendance subdistricts; disposition of unneeded property; acquisition of property.
(a) (1) Subject to paragraph (2), every unified school district shall maintain, offer and teach kindergarten and grades one through 12 and shall offer and teach at least 30 units of instruction for students enrolled in grades nine through 12 in each high school operated by the board of education. The units of instruction, to qualify for the purpose of this section, shall have the prior approval of the state board of education.
(2) Any unified school district which has discontinued kindergarten, any grade or unit of instruction under authority of K.S.A. 72-13,101, and amendments thereto, and has entered into an agreement with another unified school district for the provision of kindergarten or any such grade or unit of instruction has complied with the kindergarten, grade and unit of instruction requirements of this section.
(b) The board of education shall adopt all necessary rules and regulations for the government and conduct of its schools, consistent with the laws of the state.
(c) The board of education may divide the district into subdistricts for purposes of attendance by pupils.
(d) The board of education shall have the title to and the care and keeping of all school buildings and other school property belonging to the district. The board may open any or all school buildings for community purposes and may adopt rules and regulations governing use of school buildings for those purposes. School buildings and other school properties no longer needed by the school district may be disposed of by the board upon the affirmative recorded vote of not less than a majority of the members of the board at a regular meeting. Subject to the provisions of K.S.A. 2023 Supp. 72-1439, and amendments thereto, the board may dispose of the property in such manner and upon such terms and conditions as the board deems to be in the best interest of the school district. Conveyances of school buildings and other school properties shall be executed by the president of the board and attested by the clerk.
(e) The board shall have the power to acquire personal and real property by purchase, gift or the exercise of the power of eminent domain in accordance with K.S.A. 72-1144, and amendments thereto.
History:
L. 1963, ch. 393, § 22; L. 1965, ch. 410, § 16; L. 1969, ch. 310, § 54; L. 1982, ch. 301, § 2; L. 1983, ch. 242, § 1; L. 1984, ch. 261, § 14; L. 1984, ch. 262, § 4; L. 1989, ch. 220, § 1; L. 1991, ch. 220, § 4; L. 2023, ch. 98, § 11; June 8.
2023 Kansas Statutes › Chapter 72 - Schools › Article 32 - School Curriculum › 72-3217 Required courses of instruction; graduation requirements.

72-3217.
Required courses of instruction; graduation requirements.
All accredited schools, public, private or parochial, shall provide and give a complete course of instruction to all pupils, in civil government, and United States history, and in patriotism and the duties of a citizen, suitable to the elementary grades; in addition thereto, all accredited high schools, public, private or parochial, shall give a course of instruction concerning the government and institutions of the United States, and particularly of the constitution of the United States; and no student who has not taken and satisfactorily passed such course shall be certified as having completed the course requirements necessary for graduation from high school.
History:
L. 1919, ch. 257, § 2; R.S. 1923, 72-1103; L. 1925, ch. 224, § 1; L. 1968, ch. 20, § 2; L. 1984, ch. 261, § 5; July 1.