Kansas HB 2320: Enacting the commercial property assessed clean energy (C-PACE) act, providing financing for certain energy, water, air, health and renewable energy efficiency improvements through assessment contracts between C-PACE lenders and property owners and establishing certain rights, duties and responsibilities for mortgage lenders regarding C-PACE assessments.

Bill Text

HOUSE BILL No. 2320
AN ACT concerning education; relating to school districts; relating to children in the
custody of the secretary for children and families; requiring transfer of a child's
records when such child's placement is changed by the secretary and establishing a
deadline for the transfer of such records; authorizing children in the custody of the
secretary to attend any school district; authorizing such children to remain enrolled in
and continue attending the school of origin; amending K.S.A. 38-2218 and 72-3439
and K.S.A. 2025 Supp. 72-3122, 72-3123 and 72-3124 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 38-2218 is hereby amended to read as follows:
38-2218. (a) When the court has granted legal custody of a child in a
hearing under the code to an agency, association or individual, the
custodian or an agent designated by the custodian shall have authority
to make educational decisions for the child if the parents of the child
are unknown or unavailable. When the custodian of the child is the
secretary, and the parents of the child are unknown or unavailable, and
the child appears to be an exceptional child who requires special
education, the secretary shall immediately notify the state board of
education, or a designee of the state board, and the school district in
which the child is residing that the child is in need of an education
advocate. As used in this section, a parent is unavailable if:
(1) Repeated attempts have been made to contact the parent to
provide notice of an IEP meeting and secure the parent's participation
and such attempts have been unsuccessful;
(2) having been provided actual notice of an IEP meeting, the
parent has failed or refused to attend and participate in the meeting; or
(3) the parent's whereabouts are unknown so that notice of an IEP
meeting cannot be given to the parent. As soon as possible after
notification, the state board of education, or its designee, shall appoint
an education advocate for the child.
(b) (1) If the secretary changes the placement of a pupil child from
one school district to another school district or to another across a
school boundary within the same district, it shall be the duty of the
secretary to notify the affected school district or districts within two
business days that the child's placement has changed and request such
child's records be transferred following the best interest determination
conducted pursuant to federal and state law and the policies and
procedure manual of the department for children and families. The
secretary shall complete the best interest determination prior to any
planned placement change or within two business days following an
unplanned placement disruption.
(2) It shall be the duty of the school district and school in
possession of any records pertaining to such child to cooperate with
the secretary and transfer, or make provision for the transfer, of all
school such records of such pupil to the school district or school to
which the pupil where such child is transferred. Such school records
shall be transferred at the same time that the pupil is transferred or as
soon as possible thereafter following receipt of such notice but not later
than two business days following the business day that such notice was
received by the school district. A school district shall not deny or delay
enrollment and attendance of any such child whose placement has
changed on the basis that the school district or school is not in
possession of such child's educational records.
(c) As used in this section,:
(1) "Business day" means any weekday from Monday through
Friday in which the school district or school's administrative office is
open. "Business day" does not include any federal or state holiday, any
weekday that the school district or school's administrative office is
closed or any weekday in which the school day has been canceled due
to inclement weather or any other unforeseen circumstance.
(2) The terms "exceptional child," "special education," and
"education advocate" have the meanings respectively ascribed thereto
mean the same as defined in the special education for exceptional
children act, K.S.A. 72-3403 et seq., and amendments thereto. The term
"pupil" means a child living in a school district as a result of a

HOUSE BILL No. 2320—page 2
placement therein by the secretary pursuant to this code.
Sec. 2. K.S.A. 2025 Supp. 72-3122 is hereby amended to read as
follows: 72-3122. (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 if 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, resides or is staying as a result of placement therein by a
district court or by the secretary for children and fa