SESSION OF 2022
SUPPLEMENTAL NOTE ON SENATE BILL NO. 455
As Amended by Senate Committee on
Education

Brief*
SB 455, as amended, would establish a transfer system
for nonresident students between unified school districts
based upon the student capacity of each unified school
district.

Definitions (Section 1)
The bill would define various terms including, but not
limited to, “homeless child,” “nonresident student,” “receiving
school district,” and “sending school district.”

Transfer Policy (Section 2)
The bill would require that each board of education
(board) of a school district (district) adopt a policy to
determine the capacity of the district to accept nonresident
students in each grade level on or before January 1, 2023.
The policies would be required to be consistent with the
provisions of the bill and must clearly specify reasons for the
denial of continued enrollment by a nonresident student.
Such reasons for denial could include, but would not be
limited to, elements such as a nonresident student’s history of
school absenteeism, suspensions, or expulsions.

____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 The bill would require policies adopted by the board
pursuant to this bill to be published on the district’s website.

Public School Eligibility (Section 3)
The bill would amend the law regarding where students
may attend public school by no longer requiring a student’s
resident school district to have an agreement with the
nonresident school district where the student wishes to
attend.

Open Enrollment Procedure (Section 4)
The bill would authorize that, beginning in the 2023–
2024 school year, any student eligible to attend a public
school within the state may attend a school within a district
regardless of whether the student is a resident of the district
or not if the nonresident district has open capacity.
Capacity
The bill would require capacity to be determined as the
classroom student-teacher ratio in each grade for grades
kindergarten through 8 and the student-teacher ratio for each
school building or program in each school building for grades
9 through 12.
On or before May 1 of each year, each local board
would be required to determine the following for each grade
level in each school building within the district:
● Capacity of the district;
● Number of students expected to attend school in
the district; and
● Number of open seats available for nonresident
students.
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 The number of open seats available for nonresident
students would be required to be published on the district’s
website by June 1 of each year for each grade level at each
school building.
The bill would require this process to occur again on or
before October 1 for the following semester with the number
of open seats available for nonresident students to be
published on the district’s website by November 1 of that
year.
Transfer Application Process
The bill would allow students to submit applications to
nonresident school districts between June 1 and June 30
each year for the fall semester.
If the number of applications to a district is equal to or
less than the available capacity for a grade level in a district
then all applicants would be required to be accepted for
enrollment within the district. If the number of applications
exceeds the capacity for a grade level within the district, then
the district would randomly select nonresident students via a
lottery process on or before July 15 of each year.
The bill would also require the district to accept
applications from nonresident students between November 1
and November 30 of each year for the spring semester. Any
lottery process required by a district would need to be
completed by December 15 of each year.
Student Denial
The bill would require any districts denying the
continued enrollment of a nonresident student or the
acceptance of a new nonresident student to notify the
student’s parent or guardian of the reason for denial.


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 [Note: Students would only be denied acceptance to a
nonresident district if there is no capacity or they were not
selected during the lottery process.]
Nonresident Enrollment Priority and Exceptions
The bill would provide priority enrollment to the siblings
of an accepted, nonresident student during the initial
acceptance or at any other time the district considers
applications. Siblings would not be subject to the open seat
lottery.
The bill would allow any students in the custody of the
Department of Children and Families (DCF) living in the home
of a nonresident student to attend school in the receiving
district.
Any student whose parent or guardian is a member of
the United States armed forces on active duty would be
allowed to attend the district of the student’s choice
regardless of capacity. To be eligible, a student’s parent
would be required to have been issued a U.S. Department of
Defense identification card and could provide evidence they
will be on active duty for more than 30 consecutive days.
Prohibitions
The bill would prohibit districts from charging tuition or
fees to nonresident students except for fees otherwise
charged to every student enrolled and attending in the district.
Districts would also be prohibited from admitting or denying
students based upon the following criteria:
● Ethnicity;
● National origin;
● Gender;

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 ● Income level;
● Disabling condition;
● Proficiency in the English language;
● Measure of achievement;
● Aptitude; or
● Athletic ability.
Continued Enrollment
The bill would state that any nonresident student who
has been accepted for enrollment and attendance at a
receiving district could continue at the district until the student
graduates from high school or is no longer in good standing
based upon the nonresident transfer policy of the district.
The bill would reaffirm that students may enroll at any
time in the district in which the student resides.
A student would only be allowed to transfer up to two
times per year with the exception of students in the custody of
DCF.
Transportation
The bill would not require a district to provide
transportation to nonresident students; however, if space is
available on district transportation vehicles, a district could
provide nonresident students with a bus stop within the
district where transportation could be provided to and from
school for nonresident students.


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Kansas State High School Athletics Association
The bill would state that nonresident students who
transfer would be subject to policies and requirements of the
Kansas State High School Athletics Association.
Reporting
The bill would require boards to submit the number of
nonresident student transfers approved, denied, and the
reason for the denials to the State Department of Education
(KSDE). Such numbers would be compiled by KSDE and
would be reported on the KSDE website and provided to the
Legislative Division of Post Audit (LPA).
The bill would require KSDE to audit a district’s
nonresident student capacity and enrollment during a
district’s annual enrollment audit.
In calendar year 2026, the bill would require the
Legislative Post Audit Committee to direct LPA to conduct an
audit of nonresident student transfers. The audit would be
required to be presented to the Legislative Post Audit
Committee on or before January 15, 2027, and then
presented to the House Committee on K-12 Education
Budget and the Senate Committee on Education.

Corresponding Changes (Sections 5–7)
The bill would make corresponding changes to other
sections of law.

Background
The bill was introduced by the Senate Committee on
Education at the request of Senator Erickson.


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Senate Committee on Education
In the Senate Committee hearing, proponent testimony
was provided by representatives of Americans for Prosperity–
Kansas, Excel in Ed in Action, and the Kansas Policy
Institute. Proponents generally stated the bill would benefit
students by allowing them to select the school best for their
educational needs. Written-only proponent testimony was
provided by a representative of yes. every kid. and a private
citizen.
Opponent testimony was provided by representatives of
the Kansas Association of School Boards, Kansas School
Superintendents Association, and USA–Kansas. The
opponents generally stated these types of transfers already
occur and work well without the bill. The opponents also
stated this is an issue that should be left to local control.
Written-only opponent testimony was provided by
representatives of the Kansas National Education
Association, State Board of Education, USD 229 Blue Valley
Schools, and USD 233 Olathe Public Schools.
The Senate Committee amended the bill with the
following changes:
● Require adoption of transfer policies by every
school district and that such policies be published
on the district website;
● Have the transfer process begin during the 2023–
2024 school year rather than the 2022–2023
school year;
● Define the determination of capacity to be based
upon student teacher ratios;
● Establish dates by which specific elements of the
transfer process must be completed by;


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 ● Establish a lottery process to determine
acceptance of nonresident students if the number
of applications exceed a district’s capacity;
● Clarify sibling priority for nonresident transfers;
● Change the length of transfer from one year
transfers to the graduation of the student from high
school;
● Limit transfers to two times per school year;
● Clarify that districts are not required to provide
transportation for nonresident students; and
● Amend reporting and audit requirements.
Fiscal Information
No fiscal note was available at the time of committee
action on the bill.
Education; school district; open enrollment; students; transfers; Kansas State High
School Athletics Association; Legislative Division of Post Audit; Legislative Post Audit
Committee


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Statutes affected:
As introduced: 72-3122, 72-3123, 72-3124, 72-3125, 72-13
As Amended by Senate Committee: 72-3122, 72-3123, 72-7114, 72-3124, 72-3125, 72-13