Volume 45 - Issue 16- April 16, 2026
State of Kansas
Secretary of State
Certification of New State Laws
I, Scott Schwab, Secretary of State of the State of Kansas, do hereby certify that the following bill is a correct copy of the original enrolled bill now on file in my office.
Scott Schwab
Secretary of State
(Published in the Kansas Register April 16, 2026.)
Senate Substitute for House Bill No. 2402
An Act concerning education; relating to school districts; requiring eligible boards of education to consider participation in the community eligibility provision; providing a financial hardship exception to such participation; requiring the state department of education to assist school districts seeking such participation; relating to public innovative districts; extending the application deadline to operate as a public innovative district from December 1 to May 1; deeming applications approved if not approved or denied within a certain number of days; amending K.S.A. 72-4223 and 72-4225 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Each school year, the board of education of each school district with one or more schools with at least 50% of students who qualify for free meals through direct certification under the national school lunch program shall determine the number of students enrolled in and attending school in each school of such district who qualifies for free meals through direct certification under the national school lunch program. School districts may provide appropriate instruction and assistance to students and families as necessary to ensure accurate student participation in such program.
(b) (1) Except as provided in paragraph (2), after making the determination provided in subsection (a), if a school district or school of the school district is eligible to participate in the community eligibility provision of 42 U.S.C. § 1759a, the board of education of such school district shall consider such participation. If such participation is so desired and would not cause financial hardship as provided in paragraph (2), such board of education shall by majority vote officially affirm such participation and direct the superintendent to perform any necessary tasks for such participation.
(2) If participation in the community eligibility provision of 42 U.S.C. § 1759a would cause financial hardship to a school district, the board of education of such school district shall demonstrate the financial hardship in an open public meeting of such board and by majority vote declare that such school district or school of a school district elects not to participate in the community eligibility provision.
(c) The state department of education shall assist any school district with one or more schools that qualify for the community eligibility provision in such school district’s efforts to participate in the community eligibility provision of 42 U.S.C. § 1759a.
(d) This section shall take effect and be in force on and after July 1, 2026.
Sec. 2. K.S.A. 72-4223 is hereby amended to read as follows: 72-4223. (a) Except as provided in K.S.A. 72-4225, and amendments thereto, the board of education of any school district may apply to the state board for a grant of authority to operate such school district as a public innovative district. The application shall be submitted in the form and manner prescribed by the state board, and shall be submitted not later than December 1 May 1 of the school year preceding the school year in which the school district intends to operate as a public innovative district.
(b) The application shall include the following:
(1) A description of the educational programs of the public innovative district;
(2) a description of the interest and support for partnerships between the public innovative district, parents and the community;
(3) the specific goals and the measurable pupil outcomes to be obtained by operating as a public innovative district; and
(4) an explanation of how pupil performance in achieving the specified outcomes will be measured, evaluated and reported.
(c) (1) Within 90 45 days from the date such application is submitted, the state board shall review the application to determine compliance with this section, and shall approve or deny such application on or before the conclusion of such 90-day 45-day period.
(2) If the application is determined to be in compliance with this section, the state board shall approve such application and grant the school district authority to operate as a public innovative district. Notification of such approval shall be sent to the board of education of such school district within 10 days after such decision.
(2)(3) If the state board determines such application is not in compliance with either this section, or K.S.A. 72-4225, and amendments thereto, the state board shall deny such application. Notification of such denial shall be sent to the board of education of such school district within 10 days after such decision and shall specify the reasons therefor. Within 30 days from the date such notification is sent, the board of education of such school district may submit a request to the state board for reconsideration of the application and may submit an amended application with such request. The state board shall act on the request for reconsideration within 60 45 days of receipt of such request.
(4) If the state board does not approve or deny such application within the 45-day period established in paragraph (1), the application shall be deemed approved.
(d) A public innovative district shall:
(1) Not charge tuition for any of the pupils residing within the public innovative district;
(2) participate in all Kansas math and reading assessments applicable to such public innovative district, or an alternative assessment program for measuring student progress as determined by the board of education;
(3) abide by all financial and auditing requirements that are applicable to school districts, except that a public innovative district may use generally accepted accounting principles;
(4) comply with all applicable health, safety and access laws; and
(5) comply with all statements set forth in the application submitted pursuant to subsection (a).
(e) (1) Except as otherwise provided in K.S.A. 72-4221 through 72-4230, and amendments thereto, or as required by the board of education of the public innovative district, a public innovative district shall be exempt from all laws and rules and regulations that are applicable to school districts.
(2) A public innovative district shall be subject to the special education for exceptional children act, the virtual school act, the Kansas school equity and enhancement act, K.S.A. 72-5131 et seq., and amendments thereto, the provisions of K.S.A. 72-53,113 et seq., and amendments thereto, all laws governing the issuance of general obligation bonds by school districts, the provisions of K.S.A. 74-4901 et seq., and amendments thereto, and all laws governing the election of members of the board of education, the open meetings act as provided in K.S.A. 75-4317 et seq., and amendments thereto, and the open records act as provided in K.S.A. 45-215 et seq., and amendments thereto.
Sec. 3. K.S.A. 72-4225 is hereby amended to read as follows: 72-4225. (a) Until such time as two or more public innovative districts have been granted authority to operate as public innovative districts pursuant to K.S.A. 72-4223, and amendments thereto, any board of education of a school district desiring to operate as a public innovative district shall submit a request for approval to operate as a public innovative district to the governor, the chairperson of the senate committee on education and the chairperson of the house of representatives committee on education and have such request approved by a majority of the three persons prior to submitting an application to the state board under K.S.A. 72-4223, and amendments thereto. The request for approval shall include such information as is required to be included on an application for authority to operate as a public innovative district under K.S.A. 72-4223, and amendments thereto.
(b) Upon the approval of the first two public innovative districts, the board of education of a school district desiring to operate as a public innovative district shall submit a request for approval to operate as a public innovative district to the coalition board and have such request approved by the coalition board prior to submitting any application to the state board under K.S.A. 72-4223, and amendments thereto. The coalition board, in its sole discretion, shall approve or deny the request. As part of its review of such request, the coalition board may make recommendations to the requesting school district to modify the request, and may consider any such modifications prior to making a final decision.
(c) The request for approval required by subsection (b) shall include such information as is required to be included on an application for authority to operate as a public innovative district under K.S.A. 72-4223, and amendments thereto. Copies of the request for approval shall be submitted to each public innovative district that is a member of the coalition. Within 30 days after receipt of the request for approval by the last member to receive such request, the coalition board shall meet to approve or deny the request. Notification of the approval or denial of a request shall be sent to the board of education of the requesting school district within 10 days after such decision. If the coalition board does not approve or deny such request within 30 days, such request shall be deemed approved. If the request is denied, the notification shall specify the reasons therefor. Within 30 days from the date a notification of denial is sent, the board of education of the requesting school district may submit a request to the coalition board for reconsideration of the request for approval and may submit an amended request for approval with the request for reconsideration. The coalition board shall act on the request for reconsideration within 30 days of receipt of such request.
(d) (1) Except as provided by paragraph (2) of this subsection, no not more than 10% of the school districts in the state shall operate as public innovative districts at any one time. Any request for approval submitted at such time shall be denied by the coalition board.
(2) An amount in excess of 10% but not to exceed 20% of school districts in the state may operate as public innovative districts if such school district operates a school within its district which is deemed to be either a title I focus school or a title I priority school as described by the state board under the elementary and secondary education act flexibility waiver, as amended in January of 2013. Any request for approval under this paragraph shall be reviewed by the coalition board for approval.
Sec. 4. K.S.A. 72-4223 and 72-4225 are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its publication in the Kansas register.
Doc. No. 054066
