Summary — HB 2320 (school enrollment, records transfer, and transportation for children in DCF custody)
Status: Introduced January 31, 2025. Hearing scheduled Thursday, February 13, 2025, 3:30 PM, Room 546‑S.
Primary sponsor (listed): Rep. John Gillette. Cosponsors listed: Nick Kupper, Hildy Angius, Leo Biasiucci.
Note: Materials included with the request contain unrelated bills from other states that share the number “HB 2320.” This summary addresses the Kansas bill described by the title and text excerpts concerning children in the custody of the Secretary for Children and Families (DCF).
Purpose and intent
- To remove barriers to school stability and timely enrollment for children placed by DCF by: (1) authorizing such children to attend school in any Kansas school district, (2) requiring prompt transfer of educational records when a child’s placement changes, and (3) codifying transportation planning when it is determined to be in the child’s best interest to remain in their school of origin.
Key provisions (substantive changes)
- Enrollment flexibility: Children in the custody of the Secretary for Children and Families may enroll in and attend school in any school district in Kansas. If placement is changed across a school boundary, the child may either enroll in the school where placed or remain enrolled in and continue attending the child’s school of origin.
- Record transfer deadline: When the Secretary changes a child’s placement, the Secretary must notify affected district(s) and request transfer of the child’s school records. The district or school holding the records must transfer them at the time of transfer or as soon as possible, but no later than two business days after receipt of the notice.
- No enrollment denial for missing records: A school or district may not deny or delay enrollment or attendance of a child placed by the Secretary on the basis that the child’s educational records have not yet arrived.
- Transportation planning: If a best‑interest determination is made for the child to remain in the school of origin, the bill codifies requirements for a transportation plan to enable continued attendance (text refers to Secretary/agency responsibility to arrange transportation plans).
- Special education advocate: For children in DCF custody who appear to need special education, the Secretary must notify the State Board of Education (or its designee) and the resident district so that an education advocate can be appointed (conforming language to special education statutes).
- Statutory edits: The bill amends multiple Kansas statutes (e.g., K.S.A. 38-2218; K.S.A. 72-3122; 72-3123; 72-3124; 72-3439 as referenced) to implement the above changes.
Who is affected
- Primary: Students who are in the legal custody of the Secretary for Children and Families (children placed by DCF).
- Secondary: School districts and schools (responsible for timely record transfers, enrollment decisions, and accommodating transportation needs), Kansas State Department of Education (KSDE), and DCF/Secretary staff (notification and placement duties). Parents or persons acting as parents and appointed education advocates for exceptional children are also implicated.
Procedural/timeline aspects
- Record-transfer requirement: records must be transferred no later than two business days after the district receives notice of the placement change.
- Enrollment: districts cannot delay or deny enrollment due to lack of records at time of placement change.
- The bill also interacts with existing open‑enrollment/capacity rules (some sections amend open enrollment statutes), but the core changes prioritize stability for DCF‑placed children.
Fiscal impact
- Kansas Division of the Budget fiscal note (Feb 13, 2025) reports DCF and KSDE estimate no fiscal effect on those agencies.
- The fiscal note flags a possible local fiscal/administrative effect: meeting the two‑business‑day transfer requirement and arranging transportation could require additional administrative staff or resources at the school‑district level; KSDE cannot estimate the magnitude of those potential local costs.
Legislative status / next steps
- Introduced Jan 31, 2025. Hearing before the House Committee on K‑12 Education Budget on Feb 13, 2025 (3:30 PM, Room 546‑S). Further committee action and floor votes will determine final passage and any amendments.
