CHAPTER 117
Senate Bill No. 382
(Amended by Chapter 155)
An Act concerning education; 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; authorizing special education state aid reimbursement for certain teachers who provide services pursuant to a contract; providing for the administration and proctoring of statewide assessments to a virtual school student by such student’s virtual school; amending K.S.A. 2025 Supp. 72-3123, 72-3404, 72-3422 and 72-3717 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
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. 2025 Supp. 72-3123 is hereby amended to read as 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. 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.
(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) A school 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 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. 2025 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 is hereby amended to read as follows: 72-3404. As used in this act:
(a) “School district” means any public school district.
(b) “Board” means the board of education of any school district.
(c) “State board” means the state board of education.
(d) “Department” means the state department of education.
(e) “State institution” means any institution under the jurisdiction of a state agency.
(f) “State agency” means the Kansas department for children and families, the Kansas department for aging and disability services, the department of corrections and the juvenile justice authority.
(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. 72-3120, and amendments thereto.
(h) “Gifted children” means exceptional children who are determined to be within the gifted category of exceptionality as such category is defined by the state board.
(i) “Special education” means specially designed instruction provided at no cost to parents to meet the unique needs of an exceptional child, including:
(1) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and
(2) instruction in physical education.
(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:
(1) Provide special education or related services to exceptional children as determined pursuant to standards established by the state board; or
(2) assist in the provision of special education or related services to exceptional children as determined pursuant to standards established by the state board.
(k) “State plan” means the state plan for special education and related services authorized by this act.
(l) “Agency” means boards and the state agencies.
(m) “Parent” means:
(1) A natural parent;
(2) an adoptive parent;
(3) a person acting as parent;
(4) a legal guardian;
(5) an education advocate; or
(6) a foster parent, if the foster parent has been appointed the education advocate of an exceptional child.
(n) “Person acting as parent” means a person such as a grandparent, stepparent or other relative with whom a child lives or a person other than a parent who is legally responsible for the welfare of a child.
(o) “Education advocate” means a person appointed by the state board in accordance with the provisions of K.S.A. 38-2218, and amendments thereto. A person appointed as an education advocate for a child shall not be:
(1) An employee of the agency who is required by law to provide special education or related services for the child;
(2) an employee of the state board, the department, or any agency that is directly involved in providing educational services for the child; or
(3) any person having a professional or personal interest that would conflict with the interests of the child.
(p) “Free appropriate public education” means special education and related services that:
(1) Are provided at public expense, under public supervision and direction, and without charge;
(2) meet the standards of the state board;
(3) include an appropriate preschool, elementary or secondary school education; and
(4) are provided in conformity with an individualized education program.
(q) “Federal law” means the individuals with disabilities education act, as amended.
(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. 72-3429, and amendments thereto.
(s) (1) “Related services” means transportation, and such developmental, corrective, and other supportive services, including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the child’s IEP, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only, as may be required to assist an exceptional child to benefit from special education, and includes the early identification and assessment of disabling conditions in children.
(2) “Related services” does not mean any medical device that is surgically implanted or the replacement of any such device.
(t) “Supplementary aids and services” means aids, services, and other supports that are provided in regular education classes or other education-related settings to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate.
(u) “Individualized education program team” or “IEP team” means a group of individuals composed of:
(1) The parents of a child;
(2) at least one regular education teacher of the child if the child is, or may be, participating in the regular education environment;
(3) at least one special education teacher or, where appropriate, at least one special education provider of the child;
(4) a representative of the agency directly involved in providing educational services for the child who is:
(A) Qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of exceptional children;
(B) knowledgeable about the general curriculum; and
(C) knowledgeable about the availability of resources of the agency;
(5) an individual who can interpret the instructional implications of evaluation results;
(6) at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
(7) whenever appropriate, the child.
(v) “Evaluation” means a multisourced and multidisciplinary examination, conducted in accordance with the provisions of K.S.A. 72-3428, and amendments thereto, to determine whether a child is an exceptional child.
(w) “Independent educational evaluation” means an examination that is obtained by the parent of an exceptional child and performed by an individual or group of individuals who meet state and local standards to conduct such an examination.
(x) “Elementary school” means any nonprofit institutional day or residential school that offers instruction in any or all of the grades kindergarten through nine.
(y) “Secondary school” means any nonprofit institutional day or residential school that offers instruction in any or all of the grades nine through 12.
(z) “Children with disabilities” means children who:
(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; and
(2) are experiencing one or more developmental delays and, by reason thereof, need special education and related services if such children are ages three through nine.
(aa) “Substantial change in placement” means the movement of an exceptional child, for more than 25% of the child’s school day, from a less restrictive environment to a more restrictive environment or from a more restrictive environment to a less restrictive environment.
(bb) “Material change in services” means an increase or decrease of 25% or more of the duration or frequency of a special education service, a related service or a supplementary aid or a service specified on the IEP of an exceptional child.
(cc) “Developmental delay” means such a deviation from average development in one or more of the following developmental areas, as determined by appropriate diagnostic instruments and procedures, as indicates indicating that special education and related services are required:
(1) Physical;
(2) cognitive;
(3) adaptive behavior;
(4) communication; or
(5) social or emotional development.
(dd) “Homeless children” means “homeless children and youths” as defined in the federal McKinney-Vento homeless assistance act, 42 U.S.C. § 11434a.
(ee) “Limited English proficient” means an individual who meets the qualifications specified in section 9101 of the federal elementary and secondary education act of 1965, as amended.
(ff) “Emotional disability” means the same as the term “emotional disturbance” is used in public law 101-476, the individuals with disabilities education act.
Sec. 4. K.S.A. 2025 Supp. 72-3422 is hereby amended to read as follows: 72-3422. (a) Each year, the state board of education shall determine the amount of state aid for the provision of special education and related services each school district shall receive for the ensuing school year. The amount of such state aid shall be computed by the state board as provided in this section.
(b) (1) The state board shall determine the total amount of special education state aid to be provided to school districts for the provision of special education and related services as follows:
(A) Determine the total weighted full-time equivalent student enrollment as provided on the legal maximum general fund calculation data computed by the state department of education excluding the special education and related services weighting, bilingual weighting, transportation weighting, career technical education weighting and at-risk student weighting;
(B) multiply the amount determined in paragraph (1)(A) by the base aid for student excellence established pursuant to K.S.A. 72-5132, and amendments thereto;
(C) divide the amount obtained in paragraph (1)(B) by the total number of unweighted full-time equivalent students enrolled in all school districts on September 20;
(D) determine the total full-time equivalent enrollment of exceptional children receiving special education and related services provided by all school districts;
(E) multiply the amount of the quotient obtained in paragraph (1)(C) by the full-time equivalent enrollment determined in paragraph (1)(D);
(F) multiply the amount of the product obtained in paragraph (1)(E) by the statewide average local option budget authorized percent;
(G) add the amount determined in paragraph (1)(E) to the amount determined in paragraph (1)(F);
(H) determine the amount of federal funds received by all school districts for the provision of special education and related services;
(I) determine the amount of revenue received by all school districts for medicaid reimbursements and rendered under contracts with the state institutions for the provisions of special education and related services by the state institution;
(J) add the amounts determined under paragraphs (1)(G) through (1)(I);
(K) determine the total amount of expenditures of all school districts for the provision of special education and related services;
(L) subtract the amount of the sum obtained under paragraph (1)(J) from the amount determined under paragraph (1)(K); and
(M) multiply the amount determined under paragraph (1)(L) by 92%.
(2) Subject to appropriation acts of the legislature, the computed amount is the total amount of state aid that shall be received for the provision of special education and related services by school districts for the ensuing school year.
(c) Except as provided in subsection (e), each school district shall receive:
(1) Reimbursement for actual travel allowances paid to special teachers at not to exceed the rate specified under K.S.A. 75-3203, and amendments thereto, for each mile actually traveled during the school year in connection with duties in providing special education or related services for exceptional children. Such reimbursement shall be computed by the state board by ascertaining the actual travel allowances paid to special teachers by the school district for the school year and shall be in an amount equal to 80% of such actual travel allowances;
(2) reimbursement in an amount equal to 80% of the actual travel expenses incurred for providing transportation for exceptional children to special education or related services;
(3) reimbursement in an amount equal to 80% of the actual expenses incurred for the maintenance of an exceptional child at some place other than the residence of such child for the purpose of providing special education or related services. Such reimbursement shall not exceed $600 per exceptional child per school year; 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. This 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 2/5 full-time equivalent special teacher who is qualified to provide special education or related services to exceptional children.
(C) For purposes of this paragraph, a special teacher, qualified to assist in the provision of special education and related services to exceptional children, who assists in providing special education and related services to exceptional children at either the state school for the blind or the state school for the deaf and whose services are paid for by a school district pursuant to K.S.A. 76-1006 or 76-1102, and amendments thereto, shall be considered a special teacher of such school district.
(D) Each school district that has paid amounts for the provision of special education and related services under an interlocal agreement shall receive reimbursement under this paragraph. 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 under the interlocal agreement, 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 school districts in the current school year who have entered into such interlocal agreement for provision of such special education and related services.
(E) Each contracting school district that has paid amounts for the provision of special education and related services as a member of a cooperative shall receive reimbursement under this paragraph. 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.
(d) For fiscal year 2025, and each fiscal year thereafter, the legislature shall appropriate from the state general fund in the special education services aid account of the state department of education an amount that is equal to or greater than $601,018,818.
(e) (1) In fiscal year 2025, and each fiscal year thereafter, the state department of education shall distribute from the special education services aid account of the state general fund an amount equal to $528,018,516, to school districts pursuant to the statutory distribution schedule established pursuant to subsection (c).
(2) For fiscal year 2025, and each fiscal year thereafter, the state board of education shall establish a special education services aid equalization distribution schedule that prioritizes equalizing special education services aid distributions to school districts. When establishing or revising the special education services aid equalization distribution schedule, the state board of education shall give consideration to the discrepancies between each school district’s excess cost as determined pursuant to K.S.A. 2025 Supp. 72-3422a, and amendments thereto. The purpose of such special education services aid equalization distribution schedule shall be to provide for a more equitable distribution of special education state aid among school districts based on each school district’s excess costs.
(3) Notwithstanding the provisions of subsection (c), for fiscal year 2025, and each fiscal year thereafter, the state department of education shall:
(A) Determine the total amount appropriated for such fiscal year from the state general fund in the special education services aid account of the state department of education;
(B) subtract $528,018,516 from the amount determined pursuant to paragraph (3)(A); and
(C) distribute the amount of the difference determined under paragraph (3)(B) to school districts pursuant to the special education services aid equalization distribution schedule established by the state board of education pursuant to paragraph (2).
(f) No time spent by a special teacher in connection with duties performed under a contract entered into by the Kansas juvenile correctional complex, the Larned juvenile correctional facility or the Topeka juvenile correctional facility and a school district for the provision of special education services by such state institution shall be counted in making computations under this section.
(g) (1) There is hereby established in every school district a special education fund that, which shall consist of all moneys deposited therein or transferred thereto according to law. 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: (A) Amounts of payments received by a school district under K.S.A. 72-3423, and amendments thereto, and amounts of grants, if any, received by a school district under K.S.A. 72-3425, and amendments thereto, shall be deposited in the general fund of the district and transferred to the special education fund; and (B) moneys received by a school district pursuant to lawful agreements made under K.S.A. 72-3412, and amendments thereto, shall be credited to the special education fund established under the agreements.
(2) The expenses of a school district directly attributable to special education shall be paid from the special education fund and from special funds established under K.S.A. 72-3412, and amendments thereto.
(3) Obligations of a school district pursuant to lawful agreements made under K.S.A. 72-3412, and amendments thereto, shall be paid from the special education fund established by this section.
Sec. 5. K.S.A. 2025 Supp. 72-3717 is hereby amended to read as follows: 72-3717. (a) Any student enrolled in a virtual school on a full-time basis may take any statewide assessment required pursuant to K.S.A. 72-5170, and amendments thereto, in a virtual setting that best meets the educational needs of the student. Any administration of a virtual statewide assessment shall meet the following conditions:
(1) The assessment shall be administered by the virtual school to the student at an assigned date and time that shall be in the same range of dates assigned for the administration of assessments to students enrolled in the same school district as the student enrolled in virtual school but who do not attend virtual school;
(2) the assessment shall be administered during a synchronous assessment session initiated and managed by an employee of the virtual school;
(3) the assessment administered in the virtual setting shall be the same assessment administered to students enrolled in a virtual school but taking the assessment in an in-person setting;
(4) the student shall be monitored by the an assessment proctor designated by the virtual school via a camera for the duration of the assessment. 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 does not allow provide for integrated camera proctoring, the student shall use two devices during the assessment. 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;
(5) the device on which the student takes the assessment shall have browser lockdown software in operation for the duration of the assessment to prohibit internet browser usage by the student;
(6) the student to proctor ratio during the administration of an assessment shall be 10 to one or lower;
(7) the student shall not exit the assessment platform until instructed to do so by the proctor; and
(8) the completed assessment shall be verified by the assessment administrator designated by the virtual school.
(b) Any costs incurred by the state department of education in implementing the provisions of this section shall be paid for from the department’s funds for administering all statewide assessments, except that the costs incurred for any proctor designated by a virtual school shall be paid by the virtual school.
(c) The state department of education may monitor the administration of state assessments to virtual school students for the same purpose and in a like manner as the department monitors the administration of state assessments to non-virtual students.
(d) This section shall be a part of and supplemental to the virtual school act.
Sec. 6. K.S.A. 2025 Supp. 72-3123, 72-3404, 72-3422 and 72-3717 are hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its publication in the statute book.
Approved April 9, 2026.
