Enrollment of Nonresident Students


The Kansas Legislature passed a bill during the 2022 legislative session which was signed into law, amending school enrollment statutes to require all school districts in the state to allow open enrollment for nonresident students, if space is available, beginning in the 2024-2025 school year.

As part of this mandatory requirement each Board of Education must adopt a policy that aligns with the new state law. The USD 261 Board of Education adopted a new policy, Enrollment of Nonresident Students - JBCC, on December 11, 2023 after holding a public hearing on November 13, 2023. This new policy replaces the district's current Limited Open Enrollment Policy.

The policy is written to address the number of nonresident students that the school district has the capacity to accept in each grade level for each school of the school district pursuant to K.S.A. 72-3123, and amendments thereto, including clearly specifying the reasons that the board may use to deny continued enrollment of a nonresident student who is not in good standing.

Required Timeline

  • On or before May 1 of each year - the superintendent shall present the recommendations concerning capacity and student-to-teacher ratios to the board for adoption or modification, and the board shall determine, for each grade level in each school building of the school district for the next succeeding school year, the following:

    • Capacity based on the study conducted by the superintendent or the superintendent’s designee;
    • the number of students expected to attend school in the school district; and
    • the number of open seats available to nonresidents at each grade, building, or program level.

  • On or before June 1 of each year - the district shall publish the number of open seats available to nonresident students in each grade level for each school building of the district for the next succeeding school year on the school district's website.

    • Per state statue, in grades K-8, capacity is determined by grade level and by school for each of our elementary and middle buildings. It can be determined by factors such as student-teacher ratios, projected enrollment trends and maximum capacity of classrooms and other spaces in the school.
    • In grades 9-12, capacity is determined for each high school as a whole, rather than at each specific grade. The same factors, plus anticipated demand for particular courses or programming, can be used in making this determination at the high school level.

  • From June 1 through June 30 - district administration shall accept applications from nonresident students. Applications will be made available on this ENROLLMENT page on our website.

    • If the number of applications for a grade level in a school building is less than the number of available seats for that grade level in the school building, the nonresident students shall be accepted for enrollment and attendance at the school district, except as provided below for nonresident students regarding continued enrollment.
    • If the number of applications for a grade level in a school building is greater than the number of available seats for the grade level in the school building, district administration shall randomly select nonresident students using a confidential lottery process. This process shall be completed on or before July 15 of each year and students will be notified accordingly.

Per statute, priority is given to military students, students in the custody of the Department of Children and Families and, in future years, to any sibling who already has been accepted to enroll in our schools, as long as there are open spots for those siblings. Once a student has been accepted, he or she can remain a Haysville student until graduation, provided the student meets attendance and behavioral expectations specified in the policy. Out-of-district families will be notified by July 15 if they have been accepted to enroll for that school year.