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72-13,101. Interdistrict agreements for provision of educational programs authorized; conditions; costs of attendance. (a) In accordance with the provisions of this section, the boards of education of any two or more unified school districts may make and enter into agreements providing for the attendance of students residing in one school district at school in kindergarten or any of the grades one through 12 maintained by any such other school district. The boards of education may also provide by agreement for the combination of enrollments for kindergarten or one or more grades, courses or units of instruction.

(b) Prior to entering into any agreement under authority of this section, the board of education shall adopt a resolution declaring that it has made a determination that such an agreement should be made and that the making and entering into of such an agreement would be in the best interests of the educational system of the school district. Any such agreement is subject to the following conditions:

(1) The agreement may be for any term not exceeding a term of five years.

(2) The agreement shall be subject to change or termination by the legislature.

(3) Within the limitations provided by law, the agreement may be changed or terminated by mutual agreement of the participating boards of education.

(4) The agreement shall make provision for transportation of students to and from the school attended on every school day, for payment or sharing of the costs and expenses of student attendance at school, and for the authority and responsibility of the participating boards of education.

(c) Provision by agreements entered into under authority of this section for the attendance of students at school in a school district of nonresidence of such students shall be deemed to be in compliance with the kindergarten, grade, course and units of instruction requirements of law.

(d) The board of education of any school district that enters into an agreement under authority of this section for the attendance of students at school in another school district may discontinue kindergarten or any or all of the grades, courses and units of instruction specified in the agreement for attendance of students enrolled in kindergarten or any such grades, courses and units of instruction at school in such other school district. Upon discontinuing kindergarten or any grade, course or unit of instruction under authority of this subsection, the board of education may close any school building or buildings operated or used for attendance by students enrolled in such discontinued kindergarten, grades, courses or units of instruction. The closing of any school building under authority of this subsection shall require a majority vote of the members of the board of education and shall require no other procedure or approval.

(e) Students attending school in a school district of nonresidence of such students in accordance with an agreement made and entered into under authority of this section shall be counted as regularly enrolled in and attending school in the school district of residence of such pupils* for the purpose of computations under the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto.

(f) Students who satisfactorily complete grade 12 while in attendance at school in a school district of nonresidence of such students in accordance with the provisions of an agreement entered into under authority of this section shall be certified as having graduated from the school district of residence of such students unless otherwise provided for by the agreement.

(g) Students who are not residents of a school district and are attending the schools of the school district in accordance with the provisions of an agreement entered into under the authority of this section shall not be charged for attendance at school. The costs of providing for the attendance of such students at school shall be paid by the school district of residence of the students in accordance with the provisions of the agreement.

History: L. 1984, ch. 261, § 1; L. 1984, ch. 262, § 1; L. 1991, ch. 220, § 5; L. 1992, ch. 280, § 47; L. 1994, ch. 36, § 1; L. 2002, ch. 167, § 7; L. 2015, ch. 4, § 52; L. 2017, ch. 95, § 80; L. 2022, ch. 94, § 13; July 1, 2023.

Source or Prior Law:

72-8233.

Revisor's Note:

* The word "pupils" should have been "students" instead.

Cross References to Related Sections:

Nonresident student attendance, see 72-3122 through 72-3127.

Attorney General's Opinions:

Merger of high schools; disposition of senior class funds. 87-189.

School voucher act; constitutionality. 94-37.

Authority of U.S.D. to charge a nonresident pupil for attendance in district; constitutionality. 98-31.


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