Nonresident Enrollment

• Each Board of Education of a school district must adopt a policy to determine the capacity of the district to accept nonresident students in each grade level on or before January 1, 2024.
• Prior to adopting such policy, the board must hold a hearing. The board must provide notice of the hearing, to include the time, date, and place of the public hearing to be held on the proposed policy. The bill requires the notice to be published at least once each week for two consecutive weeks in a newspaper of general circulation in the school district and posted on the school district’s website. The USD 232 Board of Education held its public hearing on November 6, 2023. 
• Policy adopted by the board pursuant to the statute to be published on the district’s website.

Enrollment of Nonresident Students Policy

Grades K-8

Such recommendations may be based on, but not be limited to, the following factors:

• Present classroom student-teacher ratios in each grade level in each school;
• projected enrollment shifts based on the resident student population, which may include a percentage adjustment for anticipated growth or decline based on documented enrollment trends; and
• maximum capacity of the classroom and associated learning, activity, and common area spaces.

Grades 9-12

Such recommendations may be based on, but not be limited to, the following factors:

• Present building or program student-teacher ratios;
• projected enrollment shifts based on the resident student population, which may include a percentage adjustment for anticipated growth or decline based on documented enrollment trends;
• anticipated demand for particular courses or programming; and
• maximum capacity of the classroom and associated learning, activity, and common area spaces.

On or before May 1 of each year, each local board must determine the following for each grade level in each school building within the district:

• Capacity based on the study conducted by the superintendent or the superintendent’s designee; 
• the number of students expected to attend school in the school district; and
• the number of open seats available to nonresidents at each grade, building, or program level.

The number of open seats available for nonresident students must be published on the district’s website by June 1 of each year for each grade level at each school building.

On or before May 1, the Board of Education will determine if space is available for nonresident enrollment for the coming school year.

On or before June 1, the district will publish the number of open seats, if any, available for nonresident students for each grade level at each school building.

Application Process

Students may submit applications to nonresident school districts between January 1 and June 15 each year for the upcoming 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, all applicants must be accepted for enrollment within the district, provided the student is deemed to be in good standing.

Lottery

If the number of applications exceeds the capacity for a grade level within the district, the district will randomly select nonresident students via a lottery process on or before July 15 of each year.

Notification

Notification as to the status of applications will be made no later than July 30.

Regardless of capacity determinations, the following categories of students shall be allowed to enroll as if resident students if they are deemed to be in good standing by district administration:

• 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 to the district; or
• any nonresident student who has a parent or person acting as a parent employed by the district, while the parent or person acting as a parent remains employed by the district.

Subject to having capacity to enroll nonresident students, the district shall give priority in enrollment to the following nonresident students deemed in good standing to enroll. These students shall receive open seats without necessity of being selected through any open-seat lottery: 

• Any sibling of a nonresident student who is enrolled in and attending school in the district or who is accepted to enroll in and attend school in the district, with priority given when the nonresident student is first accepted and, if necessary, at any other time the district considers transfer applications; and
• any nonresident student who is a military student as defined in K.S.A. 72-5139, with priority given when the student is first accepted and, if necessary, at any other time the district considers transfer applications.

If one of these exceptions no longer applies to the student, the student’s enrollment status would be subject to review based upon the considerations for determining good standing under this policy.

A nonresident student who has been accepted for enrollment and attendance at a district school shall be permitted to continue enrollment and attendance in the district until such student graduates from high school, reaches the age of 21 (if the student is a student with an exceptionality, not solely eligible for gifted services under an individualized education program), or receives a G.E.D., unless such student is no longer deemed by district administration to be in good standing.

Except as otherwise specified herein, nonresident students who were enrolled in and attending during school year 2023-2024, who were attending the district as a resident student in 2023-2024 but have since moved out of the district, or who have been accepted for enrollment by the school district on or after June 1, 2024, will be allowed to continue enrollment in the district as specified above.   The district will not require parents of such students or adult or emancipated students to resubmit a new nonresident application each school year and will advance the previous application of an enrolled student amending only the grade placement of the student unless the district provides notification to the parent, person acting as a parent, or student that enrollment is not going to be continued for the upcoming school year for reasons specified as follows. 

Determining Good Standing

Regardless of capacity to accept nonresident students at a nonresident student’s grade level or in the student’s designated school or program, an individual student may be denied enrollment or continued enrollment for not being in good standing.  Nonresident student applicants for enrollment and nonresidents students already enrolled in and attending school in the district shall be evaluated by district administration to determine standing for enrollment or continued enrollment.

Students may be denied enrollment or continued enrollment for the next school year at any major grading period (first quarter, first semester, third quarter, and second semester) based on the results of these evaluations.  However, if the student has a disability, the student’s ability to meet these expectations shall be considered prior to denying continued enrollment in the district.  Similarly, administration shall consider the adverse impact of homelessness on a student's attendance and any resulting suspensions or expulsions before making a determination on the enrollment or continued enrollment of a student who is homeless. As part of this reflection, administration 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.

The policy identifies criteria by which a student shall be deemed not in good standing.

Enrollment of Nonresident Students Policy

School districts are prohibited from charging tuition or fees to nonresident students except for fees otherwise charged to every student enrolled and attending in the district. 

Nonresident students who apply and transfer would be subject to policies and requirements of the KSHSAA.