Session of 1998
By Senator Goodwin
            9             AN ACT concerning school records of pupils; amending K.S.A. 72-5386
10             and repealing the existing section.
12       Be it enacted by the Legislature of the State of Kansas:
13           Section 1. K.S.A. 72-5386 is hereby amended to read as follows:
14       72-5386. (a) This  &nbspa/ct section shall apply to all school districts and to every
15       pupil of any school district. As used in this section, the term ``school rec-
16       ords'' means transcripts, grade cards, the results of tests, assessments or
17       evaluations, and all other personally identifiable records, files and data
18       directly related to a pupil.
19           (b) All school district property in the possession of any pupil shall be
20       returned to the proper school district authority or paid for by the pupil
21       upon transfer of the pupil from the school district. The school records of
22       any such pupil shall not be   forwarded until the pupil has complied with-
23       held for failure of the pupil to comply with the provisions of this section.
24         Any A school district authority   withholding any pupil records under the
25       requirements of this section shall advise, upon   (Rx)ceipt of any request   for
26       such records,   (tri-stars)e requesting party that the records are being withheld
27       under the requirements of this section and shall provide   with such advice
28       a fully itemized statement of the school district property and its value for
29       which the pupil is charged. In the event that such school district authority
30       receives an affidavit stating that the pupil's parents are unable to pay for
31       or return the school district property which is lost or missing, such school
32       district authority shall   forward the pupil's records as requested and note
33       in the school records of the pupil that the pupil has complied with the
34       provisions of this section. In the event that   such a school district authority
35       receives an affidavit from the board of education of another school district
36       or from the governing authority of a nonpublic school stating that the
37       pupil's records are being requested as proof of identity of the pupil pur-
38       suant to the provisions of K.S.A. 72-53,106, and amendments thereto,
39       such school district authority shall forward a certified copy of that part of
40       the pupil's records which provides information regarding the identity of
41       the pupil.
42           (c) The school records of each pupil are the property of the pupil and
43       shall not be withheld by any school district. Upon request of a pupil or

SB 623


  1       the parent of a pupil, the school records of the pupil shall be given to such
  2       pupil or parent or, upon transfer of the pupil to another school district
  3       or to a nonpublic school, shall be forwarded to such school district or
  4       nonpublic school.
  5           Sec. 2. K.S.A. 72-5386 is hereby repealed.
  6           Sec. 3. This act shall take effect and be in force from and after its
  7       publication in the statute book.