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Bill Summary · HB 289

Summary of HB 289 (2026RS) – AN ACT relating to students (Kentucky)

Purpose and intent

HB 289 aims to expand and regulate nonresident pupil enrollment (i.e., students who live outside a district) and to introduce part-time enrollment options for students under compulsory attendance. The bill also touches on related topics such as tuition, funding allocations, and governance of interscholastic athletics. Overall, it seeks to clarify enrollment rules, create a framework for part-time attendance, and establish procedures for funding and oversight of nonresident pupil programs.

Key provisions and changes

  • Part-time enrollment for nonresidents (Section 1)

    • Parents or guardians can enroll a child subject to compulsory attendance on a part-time basis for courses offered by the district.
    • Part-time status may partially satisfy compulsory attendance requirements.
    • Part-time students:
    • If resident: enrolled and treated like other resident students.
    • If nonresident: subject to the district’s nonresident pupil policy and may be placed accordingly.
    • Part-time students may participate in school activities and most extracurriculars like full-time students, but are not eligible for interscholastic athletics under Kentucky Board of Education rules.
    • Districts must have BOK oversight via regulations to implement this section.

  • Nonresident pupil policy and tuition (Section 2)

    • Local boards must adopt a nonresident pupil policy governing nonresident enrollment.
    • Policies must:
    • Allow enrollment in any public school within the district.
    • Not discriminate by address, ability level, socioeconomic status, or protected class.
    • Potentially give preferential consideration to nonresident pupils previously enrolled in the district; may offer sibling-based preferences.
    • Be filed with the Kentucky Department of Education (KDE) within 30 days of adoption and published on the district website.
    • Boards may charge a monthly tuition for nonresident pupils if the resident district does not provide education; and tuition rules must be consistent with state processes.
    • Disapproval of a nonresident enrollment requires stated bases (expulsion, disciplinary history, chronic truancy/absences, or lack of capacity); applicants may appeal to KDE.
    • Virtual program enrollment for nonresidents is allowed with caps and reporting controls.

  • Nonresident enrollment in virtual programs (Section 2, subsection 6)

    • Virtual program enrollment is capped statewide at 1% of the prior year’s total statewide enrollment, starting 2025-2026.
    • Districts must report enrollment and KDE monitors cap status; provisional enrollment may be used when nearing cap.
    • Exceptions to the cap include siblings, dependents of military members, or medically necessary cases with physician documentation.
    • Enrolled nonresident pupils in virtual programs may not continue beyond June 30, 2028 without General Assembly permission.

  • Funding for nonresident pupils (Section 3)

    • KDE distributes state funds to eligible local districts to support nonresident enrollment.
    • Allocation is based on each district’s proportion of statewide credits and a formula adjusting for local per-pupil revenue differences between districts of residence and enrollment.
    • Districts may enter inter-district agreements, but participation in such agreements may disqualify the involved districts from state funds for that agreement’s pupils.

  • Miscellaneous provisions (Sections 4–5)

    • Amends provisions related to school fund eligibility and interscholastic athletics governance.
    • Requires compliance with equal treatment in athletics, and includes details on staffing, coaching regulations, and reporting restrictions.

  • Effective dates

    • Sections 2–5 take effect July 1, 2028.
    • Section 6 requires KDE reporting by August 1, 2027 (retrospective data collection) and a KDE-published report by October 1, 2027.
    • Ongoing reporting and regulatory updates are mandated by KDE/Board of Education provisions.

Who is affected

  • Public school districts (local boards of education) and the Kentucky Department of Education.
  • Students who are nonresidents and may seek part-time or virtual enrollment.
  • Parents/guardians seeking enrollment for nonresident children.
  • Districts’ athletic programs and governance bodies (interscholastic athletic oversight).
  • Families in districts with existing nonresident policies and those considering virtual nonresident programs.

Procedural and timeline notes

  • For nonresident applications: 15-day written notification decision window; 30-day appeal pathway to KDE.
  • Virtual nonresident enrollment cap is phased in from 2025–2028 with annual KDE monitoring and provisional enrollment mechanics.
  • Full implementation of most provisions (Sections 2–5) is slated for July 1, 2028.
  • KDE must publish annual statewide and district-level nonresident enrollment data starting in 2027.

Compiled from official sources — confirm details with the bill’s official record.

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