TOPEKA — The number of virtual and non-public school students taking part in public school activities across Kansas jumped 154% in the past three years after a 2023 law forced school districts to allow participation, an audit found.
The law requires school districts to let middle and high school students who attend school virtually or are home-schooled participate in all activities overseen by the Kansas State High School Activities Association. Those include most sports, as well as music, drama, cheer, speech and debate, and others.
An audit presented to the Kansas Post Legislative Audit Committee Wednesday showed the number of non-public school students enrolled in public school activities increased from 514 in the 2023-24 school year to 1,307 for 2025-26.
In the most recent school year, 1,510 students applied to participate. Applications weren’t approved for reasons that include students failing to pass five classes the previous semester, living outside the district and signing up for the wrong sport, the audit said.
Bill Faflick, KSHSAA executive director, testified against the original bill, as did several superintendents. Among reasons cited was allowing students who didn’t attend public school to be part of teams harmed the sense of community created when students know each other.
The audit was solicited to determine whether school district policies statewide complied with the law and to determine what approach districts were taking in allowing participation in non-KSHSAA activities, said auditor Andy Brienzo.
Out of 20 districts reviewed, Brienzo said, one district didn’t have a written policy in place to comply with the law but officials there said they followed it. That district agreed to put a written policy in place.
Four school districts hadn’t updated other written documentation, such as a handbook, to agree with the law, and all agreed to bring those documents into compliance, Brienzo said.
Sixteen of the 20 school districts allowed virtual and non-public school students to participate in non-KSHSAA activities, such as FFA.
This story previously appeared in the Kansas Reflector.
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