72-1046. School residence; definitions.

72-1046

Chapter 72.--SCHOOLS
Article 10.--GENERAL PROVISIONS RELATING TO SCHOOL DISTRICTS

      72-1046.   School residence; definitions.(a) Any childwho has attained the age of eligibility for school attendance may attendschool in the district in which the child lives if (1) the child lives witha resident of the district and the resident is the parent, or a person actingas parent, of the child; or (2) subject to the provisions of subsection(c), the child lives in the district as a resultof placement therein by a district court or by the secretary of social andrehabilitation services; or (3) the child is a homeless child.

      (b)   Any child who has attained the age of eligibility for schoolattendance may attend school in a school district in which the child is nota resident if the school district in which the child resides has enteredinto an agreement with such other school district in accordance with andunder authority of K.S.A. 72-8233, and amendments thereto.

      (c)   Any child who has attained the age of eligibility for schoolattendance and who lives at the Judge James V. Riddel Boys Ranch as aresult of placement at such ranch by a district court or by the secretaryof social and rehabilitation services shall be deemed a resident of unifiedschool district No. 259, Sedgwick county, Kansas, and any such child mayattend school which shall be maintained for such child by the board ofeducation of such school district as in the case of a child who is a bonafide resident of the district.

      (d)   As used in this section:

      (1)   "Parent" means and includes natural parents, adoptiveparents, stepparents, and fosterparents;

      (2)   "person acting as parent" means (A) a guardian orconservator, or (B)a person, other than a parent, who is liable by law tomaintain, care for, orsupport the child, or who has actual care and control of the child and iscontributing the major portion of the cost of supportof the child, or who has actual care and control of the child with thewritten consent of a person who has legal custody of the child, or who has beengranted custody of the child by a court of competent jurisdiction; and

      (3)   "homeless child" means a child who lacks a fixed, regular, andadequate nighttime residence and whose primary nighttime residence is (A) asupervised publicly or privately operated shelter designed to provide temporaryliving accommodations (including welfare hotels, congregate shelters, andtransitional housing for the mentally ill); or (B) an institution thatprovides a temporary residence for individuals intended to beinstitutionalized; or (C) a public or private place not designed for, orordinarily used as, a regular sleeping accommodation for human beings.

      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; July 1.