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72-3122. School attendance based on residency of student. (a) Any child who has attained the age of eligibility for school attendance may attend school in the district where the child lives, if:

(1) The child lives with a resident of the district and the resident is the parent, or a person acting as parent, of the child;

(2) subject to the provisions of subsection (c), the child lives in the district as a result of placement therein by a district court or by the secretary for children and families; or

(3) the child is a homeless child.

(b) Any child who has attained the age of eligibility for school attendance may attend school in a school district where the child is not a resident in accordance with K.S.A. 72-13,101, 72-3123 or 72-3125, and amendments thereto.

History: L. 1943, ch. 248, § 36; L. 1976, ch. 308, § 1; L. 1977, ch. 242, § 1; L. 1981, ch. 277, § 1; L. 1984, ch. 261, § 3; L. 1989, ch. 214, § 1; L. 1992, ch. 199, § 3; L. 2014, ch. 115, § 285; L. 2022, ch. 94, § 15; July 1, 2023.

Source or Prior Law:


Cross References to Related Sections:

Interdistrict agreements for school attendance, see 72-13,101.

Attorney General's Opinions:

School residents; attendance eligibility. 84-90.

School attendance; G.E.D. 87-46.

Exceptional children; compulsory school attendance; duty to investigate and file petition. 90-19.

Compulsory school attendance; effect of expulsion from former school district. 94-3.

School voucher act; constitutionality. 94-37.

Obligation of providing special education services; contract between U.S.D. in which child is living in institution or facility and U.S.D. of child's residence directory. 97-60.

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

Receiving school district may not retain both charges paid by a nonresident pupil and general state aid based on that pupil's attendance. 2004-8.


1. Incorporated "Orphan Home" is "a person who is a resident." Mariadahl Children's Home v. Bellegarde School Dist., 163 Kan. 49, 50, 51, 53, 180 P.2d 612.

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