Kansas 2025-2026 Regular Session Status: Enacted

SB 382 — Providing for the administration of statewide assessments to virtual school students by such students' virtual schools, adding third parties who contract with school districts to the definition of special teacher, providing for special education state aid reimbursement for certain qualified teachers, authorizing nonpublic schools to permit nonaccredited private elementary or secondary school students to participate in certain activities and authorizing foreign exchange students who reside with a host family to enroll in and attend the resident school district of the host family.

Last action — Enrolled and presented to Governor on Friday, April 3, 2026

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 26, 2026. Enacted.

Signed by Governor Laura Kelly (Democratic) on April 09, 2026.

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Advancing 50% · moderate confidence

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High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

657 added · 422 removed

657 line(s) added, 422 removed.

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AsAmended by House Committee {As Amended by Senate Committee of the Whole} As Amended by Senate Committee Session of 2026 SENATE BILLNo.
SENATE BILL No.
382 By Committee on Education 1-26 AN ACT concerning education;
382 AN A CTconcerning education;
relating to virtual schools adding certain third parties who contract with school districts to the definition of special teacher;
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;
72-3404, 72-3422 and 72-3717 and repealing the existing section sections.
72- 3123, 72-3404, 72-3422 and 72-3717 and repealing the existing sections.
Section 1. K.S.A.
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.
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.
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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) Aschool 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.
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.
72-3404.As used in this act:
As used in this act:
(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, whose age may differ from the ages of children required to attend school under the provisions of K.S.A.
(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.
SB 382—Am.
(1) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings;
by HC 2 (1) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings;
(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 contracted a contract with a school district to provide special education or related services, who is qualified to:
(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:
SB 382—Am.
(2) meet the standards of the state board;
by HC 3 (2) meet the standards of the state board;
(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.
SENATE BILL No.
382—page 6 (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.
SB 382—Am.
(5) an individual who can interpret the instructional implications of evaluation results;
by HC 4 (5) an individual who can interpret the instructional implications of evaluation results;
72- 3428, and amendments thereto, to determine whether a child is an exceptional child.
72-3428, and amendments thereto, to determine whether a child is an exceptional child.
(1) Have an intellectual disability, hearing loss including deafness, 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;
(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;
SB 382—Am.
(1) Physical;
by HC 5 (1) Physical;
2. K.S.A.
4. K.S.A.
(E) multiply the amount of the quotient obtained in paragraph (1) (C) by the full-time equivalent enrollment determined in paragraph (1) (D);
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);
SB 382—Am.
(G) add the amount determined in paragraph (1)(E) to the amount determined in paragraph (1)(F);
by HC 6 (G) add the amount determined in paragraph (1)(E) to the amount determined in paragraph (1)(F);
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 SB 382—Am.
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.
by HC 7 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.
This subparagraph shall not apply to school districts that receive reimbursement pursuant to subparagraph (D) or (E).
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 /5full-time equivalent special teacher who is qualified to provide special education or related services to exceptional children.
(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 / 5ull-time equivalent special teacher who is qualified to provide special education or related services to exceptional children.
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 SB 382—Am.
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.
by HC 8 cooperative for provision of such special education and related services.
(3) Notwithstanding the provisions of subsection (c), for fiscal year 2025, and each fiscal year thereafter, the state department of education shall:
(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:
Notwithstanding any other SB 382—Am.
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:
by HC 9 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:
Section 1.Sec.
Sec.
3. K.S.A.
5. K.S.A.
(a) Any student enrolled in a virtual school on a full-time basis may take any statewide assessment required pursuant to K.S.A.
(a) Any student enrolled in a virtual school on a full- time basis may take any statewide assessment required pursuant to K.S.A.
If the assessment platform provides integrated camera proctoring, the virtual school proctor may administer the assessment and monitor the student using the same device.
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.
The first device shall be used to take the assessment and the second device shall have a functioning camera and SB 382—Am.
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;
by HC 10 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;
2.
6. K.S.A.
4. K.S.A.
72-3404, 72-3422 and 72-3717 is are hereby repealed.
72-3123, 72-3404, 72-3422 and 72- are hereby repealed.
Sec.
SENATE BILL No.
3.
382—page 12 Sec.
5. This act shall take effect and be in force from and after its publication in the statute book {Kansas register} statute book.
7. This act shall take effect and be in force from and after its publication in the statute book.
I hereby certify that the abovILLoriginated 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 _________________________ H OUSEadopted Conference Committee Report ________________ _________________________ Speaker of the House.
_________________________ Chief Clerk of the House.
A PPROVED_____________________________ _________________________ Governor.
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Action History

  1. Enrolled and presented to Governor on Friday, April 3, 2026

  2. Approved by Governor on Thursday, April 9, 2026

  3. Conference Committee Report was adopted; Yea 37, Nay 3

  4. Conference committee report now available

  5. Conference Committee Report was adopted; Yea 83, Nay 40, Absent 2

  6. Motion to accede adopted; Rep. Susan Estes, Rep. Kyle McNorton and Rep. Jerry Stogsdill appointed as conferees

  7. Nonconcurred with amendments; Conference Committee requested; appointed Sen. Renee Erickson, Sen. Adam Thomas and Sen. Dinah Sykes

  8. Final Action - Passed as amended; Yea 111, Nay 12, Absent 2

  9. Committee of the Whole - Committee Report be adopted

  10. Committee of the Whole - Be passed as amended

  11. Committee Report recommending bill be passed as amended by House Committee on Education

  12. Received and Introduced

  13. Referred to House Committee on Education

  14. Committee of the Whole - Committee Report be adopted

  15. Committee of the Whole - Motion to Amend - Offered by Sen. Adam Thomas

  16. Committee of the Whole - Amendment by Sen. Adam Thomas was adopted

  17. Committee of the Whole - Be passed as further amended

  18. Emergency Final Action - Passed as amended; Yea 38, Nay 0, Absent 2

  19. Withdrawn from Senate Committee on Ways and Means and referred to Committee of the Whole

  20. Withdrawn from Calendar; Referred to Senate Committee on Ways and Means

  21. Committee Report recommending bill be passed as amended by Senate Committee on Education

  22. Referred to Senate Committee on Education

  23. Introduced

Sponsors

  • Committee on Education · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 164 not signed on

Sponsors (1)

  • Committee on Education

Co-sponsors (0)

None.

Not signed on (164)

164 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

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SB 382 is sponsored by Committee on Education.
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This bill has been enacted into law. Introduced January 26, 2026. Enacted.
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