[As Further Amended by Senate Committee of the Whole]
As Amended by Senate Committee
Session of 1999
SENATE BILL No. 203
By Committee on Education
11 AN ACT concerning schools; relating to school safety and security; pu-
12 pils, prohibiting the withholding of records; amending K.S.A. 72-
13 5386 and K.S.A. 1998 Supp. 38-1502, 38-1507, 38-1602, 38-1655, 72-
14 89b02 and 72-89b03 and repealing the existing sections; also repealing
15 K.S.A. 1998 Supp. 38-1502c and 38-1602a.
17 Be it enacted by the Legislature of the State of Kansas:
18 Section 1. K.S.A. 1998 Supp. 38-1502 is hereby amended to read as
19 follows: 38-1502. As used in this code, unless the context otherwise
21 (a) "Child in need of care" means a person less than 18 years of age
23 (1) Is without adequate parental care, control or subsistence and the
24 condition is not due solely to the lack of financial means of the child's
25 parents or other custodian;
26 (2) is without the care or control necessary for the child's physical,
27 mental or emotional health;
28 (3) has been physically, mentally or emotionally abused or neglected
29 or sexually abused;
30 (4) has been placed for care or adoption in violation of law;
31 (5) has been abandoned or does not have a known living parent;
32 (6) is not attending school as required by K.S.A. 72-977 or 72-1111,
33 and amendments thereto;
34 (7) except in the case of a violation of K.S.A. 41-727, subsection (j)
35 of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, and amend-
36 ments thereto, or, except as provided in subsection (a)(12) of K.S.A. 21-
37 4204a and amendments thereto, does an act which, when committed by
38 a person under 18 years of age, is prohibited by state law, city ordinance
39 or county resolution but which is not prohibited when done by an adult;
40 (8) while less than 10 years of age, commits any act which if done by
41 an adult would constitute the commission of a felony or misdemeanor as
42 defined by K.S.A. 21-3105 and amendments thereto;
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1 (9) is willfully and voluntarily absent from the child's home without
2 the consent of the child's parent or other custodian;
3 (10) is willfully and voluntarily absent at least a second time from a
4 court ordered or designated placement, or a placement pursuant to court
5 order, if the absence is without the consent of the person with whom the
6 child is placed or, if the child is placed in a facility, without the consent
7 of the person in charge of such facility or such person's designee;
8 (11) has been residing in the same residence with a sibling or another
9 person under 18 years of age, who has been physically, mentally or emo-
10 tionally abused or neglected, or sexually abused; or
11 (12) while less than 10 years of age commits the offense defined in
12 K.S.A. 21-4204a and amendments thereto.
13 (b) "Physical, mental or emotional abuse or neglect" means the in-
14 fliction of physical, mental or emotional injury or the causing of a dete-
15 rioration of a child and may include, but shall not be limited to, failing to
16 maintain reasonable care and treatment, negligent treatment or maltreat-
17 ment or exploiting a child to the extent that the child's health or emotional
18 well-being is endangered. A parent legitimately practicing religious beliefs
19 who does not provide specified medical treatment for a child because of
20 religious beliefs shall not for that reason be considered a negligent parent;
21 however, this exception shall not preclude a court from entering an order
22 pursuant to subsection (a)(2) of K.S.A. 38-1513 and amendments thereto.
23 (c) "Sexual abuse" means any act committed with a child which is
24 described in article 35, chapter 21 of the Kansas Statutes Annotated and
25 those acts described in K.S.A. 21-3602 or 21-3603, and amendments
26 thereto, regardless of the age of the child.
27 (d) "Parent," when used in relation to a child or children, includes a
28 guardian, conservator and every person who is by law liable to maintain,
29 care for or support the child.
30 (e) "Interested party" means the state, the petitioner, the child, any
31 parent and any person found to be an interested party pursuant to K.S.A.
32 38-1541 and amendments thereto.
33 (f) "Law enforcement officer" means any person who by virtue of
34 office or public employment is vested by law with a duty to maintain
35 public order or to make arrests for crimes, whether that duty extends to
36 all crimes or is limited to specific crimes.
37 (g) "Youth residential facility" means any home, foster home or struc-
38 ture which provides 24-hour-a-day care for children and which is licensed
39 pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated.
40 (h) "Shelter facility" means any public or private facility or home
41 other than a juvenile detention facility that may be used in accordance
42 with this code for the purpose of providing either temporary placement
43 for the care of children in need of care prior to the issuance of a dispos-
SB 203--Am. by SCW 3
1 itional order or longer term care under a dispositional order.
2 (i) "Juvenile detention facility" means any secure public or private
3 facility used for the lawful custody of accused or adjudicated juvenile
4 offenders which must not be a jail.
5 (j) "Adult correction facility" means any public or private facility, se-
6 cure or nonsecure, which is used for the lawful custody of accused or
7 convicted adult criminal offenders.
8 (k) "Secure facility" means a facility which is operated or structured
9 so as to ensure that all entrances and exits from the facility are under the
10 exclusive control of the staff of the facility, whether or not the person
11 being detained has freedom of movement within the perimeters of the
12 facility, or which relies on locked rooms and buildings, fences or physical
13 restraint in order to control behavior of its residents. No secure facility
14 shall be in a city or county jail.
15 (l) "Ward of the court" means a child over whom the court has ac-
16 quired jurisdiction by the filing of a petition pursuant to this code and
17 who continues subject to that jurisdiction until the petition is dismissed
18 or the child is discharged as provided in K.S.A. 38-1503 and amendments
20 (m) "Custody," whether temporary, protective or legal, means the
21 status created by court order or statute which vests in a custodian,
22 whether an individual or an agency, the right to physical possession of
23 the child and the right to determine placement of the child, subject to
24 restrictions placed by the court.
25 (n) "Placement" means the designation by the individual or agency
26 having custody of where and with whom the child will live.
27 (o) "Secretary" means the secretary of social and rehabilitation
29 (p) "Relative" means a person related by blood, marriage or adoption
30 but, when referring to a relative of a child's parent, does not include the
31 child's other parent.
32 (q) "Court-appointed special advocate" means a responsible adult
33 other than an attorney guardian ad litem who is appointed by the court
34 to represent the best interests of a child, as provided in K.S.A. 38-1505a
35 and amendments thereto, in a proceeding pursuant to this code.
36 (r) "Multidisciplinary team" means a group of persons, appointed by
37 the court or by the state department of social and rehabilitation services
38 under K.S.A. 38-1523a and amendments thereto, which has knowledge
39 of the circumstances of a child in need of care.
40 (s) "Jail" means:
41 (1) An adult jail or lockup; or
42 (2) a facility in the same building or on the same grounds as an adult
43 jail or lockup, unless the facility meets all applicable standards and licen-
SB 203--Am. by SCW 4
1 sure requirements under law and there is (A) total separation of the ju-
2 venile and adult facility spatial areas such that there could be no haphaz-
3 ard or accidental contact between juvenile and adult residents in the
4 respective facilities; (B) total separation in all juvenile and adult program
5 activities within the facilities, including recreation, education, counseling,
6 health care, dining, sleeping, and general living activities; and (C) separate
7 juvenile and adult staff, including management, security staff and direct
8 care staff such as recreational, educational and counseling.
9 (t) "Kinship care" means the placement of a child in the home of the
10 child's relative or in the home of another adult with whom the child or
11 the child's parent already has a close emotional attachment.
12 (u) "Juvenile intake and assessment worker" means a responsible
13 adult authorized to perform intake and assessment services as part of the
14 intake and assessment system established pursuant to K.S.A. 75-7023, and
15 amendments thereto.
16 (v) "Abandon" means to forsake, desert or cease providing care for
17 the child without making appropriate provisions for substitute care.
18 (w) "Permanent guardianship" means a judicially created relationship
19 between child and caretaker which is intended to be permanent and self-
20 sustaining without ongoing state oversight or intervention. The perma-
21 nent guardian stands in loco parentis and exercises all the rights and
22 responsibilities of a parent.
23 (x) "Aggravated circumstances" means the abandonment, torture,
24 chronic abuse, sexual abuse or chronic, life threatening neglect of a child.
25 (y) "Permanency hearing" means a notice and opportunity to be
26 heard is provided to interested parties, foster parents, preadoptive parents
27 or relatives providing care for the child. The court, after consideration of
28 the evidence, shall determine whether progress toward the case plan goal
29 is adequate or reintegration is a viable alternative, or if the case should
30 be referred to the county or district attorney for filing of a petition to
31 terminate parental rights or to appoint a permanent guardian.
32 (z) "Extended out of home placement" means a child has been in the
33 custody of the secretary and placed with neither parent for 15 of the most
34 recent 22 months beginning 60 days after the date at which a child in the
35 custody of the secretary was removed from the home.
36 (aa) "Educational institution" means all schools at the elementary and
37 secondary levels.
38 (bb) "Educator" means any administrator, teacher or other profes-
39 sional or paraprofessional employee of an educational institution who has
40 exposure to a pupil specified in subsection (a) of K.S.A. 1998 Supp. 72-
41 89b03 and amendments thereto.
42 Sec. 2. K.S.A. 1998 Supp. 38-1507 is hereby amended to read as
43 follows: 38-1507. (a) Except as otherwise provided, in order to protect
SB 203--Am. by SCW 5
1 the privacy of children who are the subject of a child in need of care
2 record or report, all records and reports concerning children in need of
3 care, including the juvenile intake and assessment report, received by the
4 department of social and rehabilitation services, a law enforcement
5 agency or any juvenile intake and assessment worker shall be kept con-
6 fidential except: (1) To those persons or entities with a need for infor-
7 mation that is directly related to achieving the purposes of this code, or
8 (2) upon an order of a court of competent jurisdiction pursuant to a
9 determination by the court that disclosure of the reports and records is
10 in the best interests of the child or are necessary for the proceedings
11 before the court, or both, and are otherwise admissible in evidence. Such
12 access shall be limited to in camera inspection unless the court otherwise
13 issues an order specifying the terms of disclosure.
14 (b) The provisions of subsection (a) shall not prevent disclosure of
15 information to an educational institution or to individual educators about
16 a pupil specified in subsection (a)
(1) through (5) of K.S.A. 1998 Supp.
17 72-89b03 and amendments thereto.
18 (c) When a report is received by the department of social and reha-
19 bilitation services, a law enforcement agency or any juvenile intake and
20 assessment worker which indicates a child may be in need of care, the
21 following persons and entities shall have a free exchange of information
22 between and among them:
23 (1) The department of social and rehabilitation services;
24 (2) the commissioner of juvenile justice;
25 (3) the law enforcement agency receiving such report;
26 (4) members of a court appointed multidisciplinary team;
27 (5) an entity mandated by federal law or an agency of any state au-
28 thorized to receive and investigate reports of a child known or suspected
29 to be in need of care;
30 (6) a military enclave or Indian tribal organization authorized to re-
31 ceive and investigate reports of a child known or suspected to be in need
32 of care;
33 (7) a county or district attorney;
34 (8) a court services officer who has taken a child into custody pursuant
35 to K.S.A. 38-1527, and amendments thereto;
36 (9) a guardian ad litem appointed for a child alleged to be in need of
38 (10) an intake and assessment worker; and
39 (11) any community corrections program which has the child under
40 court ordered supervision.
41 (d) The following persons or entities shall have access to information,
42 records or reports received by the department of social and rehabilitation
43 services, a law enforcement agency or any juvenile intake and assessment
SB 203--Am. by SCW 6
1 worker. Access shall be limited to information reasonably necessary to
2 carry out their lawful responsibilities to maintain their personal safety and
3 the personal safety of individuals in their care or to diagnose, treat, care
4 for or protect a child alleged to be in need of care.
5 (1) A child named in the report or records.
6 (2) A parent or other person responsible for the welfare of a child,
7 or such person's legal representative.
8 (3) A court-appointed special advocate for a child, a citizen review
9 board or other advocate which reports to the court.
10 (4) A person licensed to practice the healing arts or mental health
11 profession in order to diagnose, care for, treat or supervise: (A) A child
12 whom such service provider reasonably suspects may be in need of care;
13 (B) a member of the child's family; or (C) a person who allegedly abused
14 or neglected the child.
15 (5) A person or entity licensed or registered by the secretary of health
16 and environment or approved by the secretary of social and rehabilitation
17 services to care for, treat or supervise a child in need of care. In order to
18 assist a child placed for care by the secretary of social and rehabilitation
19 services in a foster home or child care facility, the secretary shall provide
20 relevant information to the foster parents or child care facility prior to
21 placement and as such information becomes available to the secretary.
22 (6) A coroner or medical examiner when such person is determining
23 the cause of death of a child.
24 (7) The state child death review board established under K.S.A. 22a-
25 243, and amendments thereto.
26 (8) A prospective adoptive parent prior to placing a child in their care.
27 (9) The department of health and environment or person authorized
28 by the department of health and environment pursuant to K.S.A. 59-512,
29 and amendments thereto, for the purpose of carrying out responsibilities
30 relating to licensure or registration of child care providers as required by
31 chapter 65 of article 5 of the Kansas Statutes Annotated, and amendments
33 (10) The state protection and advocacy agency as provided by sub-
34 section (a)(10) of K.S.A. 65-5603 or subsection (a)(2)(A) and (B) of K.S.A.
35 74-5515, and amendments thereto.
36 (11) Any educational institution to the extent necessary to enable the
37 educational institution to provide the safest possible environment for its
38 pupils and employees.
39 (12) Any educator to the extent necessary to enable the educator to
40 protect the personal safety of the educator and the educator's pupils.
41 (e) Information from a record or report of a child in need of care
42 shall be available to members of the standing house or senate committee
43 on judiciary, house committee on appropriations, senate committee on
SB 203--Am. by SCW 7
1 ways and means, legislative post audit committee and joint committee on
2 children and families, carrying out such member's or committee's official
3 functions in accordance with K.S.A. 75-4319 and amendments thereto,
4 in a closed or executive meeting. Except in limited conditions established
5 by 2/3 of the members of such committee, records and reports received
6 by the committee shall not be further disclosed. Unauthorized disclosure
7 may subject such member to discipline or censure from the house of
8 representatives or senate.
9 (f) Nothing in this section shall be interpreted to prohibit the secre-
10 tary of social and rehabilitation services from summarizing the outcome
11 of department actions regarding a child alleged to be a child in need of
12 care to a person having made such report.
13 (g) Disclosure of information from reports or records of a child in
14 need of care to the public shall be limited to confirmation of factual details
15 with respect to how the case was handled that do not violate the privacy
16 of the child, if living, or the child's siblings, parents or guardians. Further,
17 confidential information may be released to the public only with the ex-
18 press written permission of the individuals involved or their representa-
19 tives or upon order of the court having jurisdiction upon a finding by the
20 court that public disclosure of information in the records or reports is
21 necessary for the resolution of an issue before the court.
22 (h) Nothing in this section shall be interpreted to prohibit a court of
23 competent jurisdiction from making an order disclosing the findings or
24 information pursuant to a report of alleged or suspected child abuse or
25 neglect which has resulted in a child fatality or near fatality if the court
26 determines such disclosure is necessary to a legitimate state purpose. In
27 making such order, the court shall give due consideration to the privacy
28 of the child, if, living, or the child's siblings, parents or guardians.
29 (i) Information authorized to be disclosed in subsections (d) through
30 (g) shall not contain information which identifies a reporter of a child in
31 need of care.
32 (j) Records or reports authorized to be disclosed in this section shall
33 not be further disclosed, except that the provisions of this subsection shall
34 not prevent disclosure of information to an educational institution or to
35 individual educators about a pupil specified in subsection (a)
(5) of K.S.A. 1998 Supp. 72-89b03 and amendments thereto.
37 (k) Anyone who participates in providing or receiving information
38 without malice under the provisions of this section shall have immunity
39 from any civil liability that might otherwise be incurred or imposed. Any
40 such participant shall have the same immunity with respect to participa-
41 tion in any judicial proceedings resulting from providing or receiving
43 (l) No individual, association, partnership, corporation or other entity
SB 203--Am. by SCW 8
1 shall willfully or knowingly disclose, permit or encourage disclosure of
2 the contents of records or reports concerning a child in need of care
3 received by the department of social and rehabilitation services, a law
4 enforcement agency or a juvenile intake and assessment worker except
5 as provided by this code. Violation of this subsection is a class B
7 Sec. 3. K.S.A. 1998 Supp. 38-1602 is hereby amended to read as
8 follows: 38-1602. As used in this code, unless the context otherwise
10 (a) "Juvenile" means a person 10 or more years of age but less than
11 18 years of age.
12 (b) "Juvenile offender" means a person who
does an act commits an
13 offense while a juvenile which if
done committed by an adult would con-
14 stitute the commission of a felony or misdemeanor as defined by K.S.A.
15 21-3105 and amendments thereto or who violates the provisions of K.S.A.
16 21-4204a or K.S.A. 41-727 or subsection (j) of K.S.A. 74-8810, and
17 amendments thereto, but does not include:
18 (1) A person 14 or more years of age who commits a traffic offense,
19 as defined in subsection (d) of K.S.A. 8-2117 and amendments thereto;
20 (2) a person 16 years of age or over who commits an offense defined
21 in chapter 32 of the Kansas Statutes Annotated;
22 (3) a person
whose prosecution as an adult is authorized pursuant to
K.S.A. 38-1636 and amendments thereto and whose prosecution results
in the conviction of an adult crime; or
(4) a person who has been found to be an extended jurisdiction ju-
venile pursuant to subsection (a)(2) of K.S.A. 38-1636, and amendment
thereto, and whose stay of adult sentence execution has been revoked
28 under 18 years of age who previously has been:
29 (A) Convicted as an adult under the Kansas code of criminal
31 (B) sentenced as an adult under the Kansas code of criminal proce-
32 dure following termination of status as an extended jurisdiction juvenile
33 pursuant to K.S.A. 38-16,126, and amendments thereto; or
34 (C) convicted or sentenced as an adult in another state or foreign
35 jurisdiction under substantially similar procedures described in K.S.A. 38-
36 1636, and amendments thereto, or because of attaining the age of majority
37 designated in that state or jurisdiction.
38 (c) "Parent," when used in relation to a juvenile or a juvenile of-
39 fender, includes a guardian, conservator and every person who is by law
40 liable to maintain, care for or support the juvenile.
41 (d) "Law enforcement officer" means any person who by virtue of
42 that person's office or public employment is vested by law with a duty to
43 maintain public order or to make arrests for crimes, whether that duty
SB 203--Am. by SCW 9
1 extends to all crimes or is limited to specific crimes.
2 (e) "Youth residential facility" means any home, foster home or struc-
3 ture which provides twenty-four-hour-a-day care for juveniles and which
4 is licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
6 (f) "Juvenile detention facility" means any secure public or private
7 facility which is used for the lawful custody of accused or adjudicated
8 juvenile offenders and which
must shall not be a jail.
9 (g) "Juvenile correctional facility" means a facility operated by the
10 commissioner for juvenile offenders.
11 (h) "Warrant" means a written order by a judge of the court directed
12 to any law enforcement officer commanding the officer to take into cus-
13 tody the juvenile named or described therein.
14 (i) "Commissioner" means the commissioner of juvenile justice.
15 (j) "Jail" means:
16 (1) An adult jail or lockup; or
17 (2) a facility in the same building as an adult jail or lockup, unless the
18 facility meets all applicable licensure requirements under law and there
19 is (A) total separation of the juvenile and adult facility spatial areas such
20 that there could be no haphazard or accidental contact between juvenile
21 and adult residents in the respective facilities; (B) total separation in all
22 juvenile and adult program activities within the facilities, including rec-
23 reation, education, counseling, health care, dining, sleeping, and general
24 living activities; and (C) separate juvenile and adult staff, including man-
25 agement, security staff and direct care staff such as recreational, educa-
26 tional and counseling.
27 (k) "Court-appointed special advocate" means a responsible adult,
28 other than an attorney appointed pursuant to K.S.A. 38-1606 and amend-
29 ments thereto, who is appointed by the court to represent the best inter-
30 ests of a child, as provided in K.S.A. 1998 Supp. 38-1606a, and amend-
31 ments thereto, in a proceeding pursuant to this code.
32 (l) "Juvenile intake and assessment worker" means a responsible
33 adult authorized to perform intake and assessment services as part of the
34 intake and assessment system established pursuant to K.S.A.
35 7023, and amendments thereto.
36 (m) "Institution" means the following institutions: The Atchison ju-
37 venile correctional facility, the Beloit juvenile correctional facility, the
38 Larned juvenile correctional facility and the Topeka juvenile correctional
40 (n) "
Sanction Sanctions house" means a facility which is operated or
41 structured so as to ensure that all entrances and exits from the facility are
42 under the exclusive control of the staff of the facility, whether or not the
43 person being detained has freedom of movement within the perimeters
SB 203--Am. by SCW 10
1 of the facility, or which relies on locked rooms and buildings, fences, or
2 physical restraint in order to control the behavior of its residents. Upon
3 an order from the court, a licensed juvenile detention facility may serve
4 as a
sanction sanctions house. A sanction sanctions house may be physi-
cally connected physically to a nonsecure shelter facility provided the
sanction sanctions house is not a licensed juvenile detention facility.
7 (o) "Sentencing risk assessment tool" means an instrument adminis-
8 tered to juvenile offenders which delivers a score, or group of scores,
9 describing, but not limited to describing, the juvenile's potential risk to
10 the community.
11 (p) "Educational institution" means all schools at the elementary and
12 secondary levels.
13 (q) "Educator" means any administrator, teacher or other profes-
14 sional or paraprofessional employee of an educational institution who has
15 exposure to a pupil specified in subsection (a)
(1) through (5) of K.S.A.
16 1998 Supp. 72-89b03 and amendments thereto.
17 Sec. 4. K.S.A. 1998 Supp. 38-1655 is hereby amended to read as
18 follows: 38-1655. If the court finds that the evidence fails to prove an
19 offense charged or an included offense as defined in subsection (2) of
20 K.S.A. 21-3107 and amendments thereto, the court shall enter an order
21 dismissing the charge.
22 If the court finds that the respondent committed the offense charged
23 or an included offense as defined in subsection (2) of K.S.A. 21-3107 and
24 amendments thereto, the court shall adjudicate the respondent to be a
25 juvenile offender and may issue a sentence as authorized by this code.
26 If the court finds that the respondent committed the acts constituting
27 the offense charged or an included offense as defined in subsection (2)
28 of K.S.A. 21-3107 and amendments thereto but is not responsible because
29 of mental disease or defect, the respondent shall not be adjudicated as a
30 juvenile offender and shall be committed to the custody of the secretary
31 of social and rehabilitation services and placed in a state hospital. The
32 respondent's continued commitment shall be subject to annual review in
33 the manner provided by K.S.A. 22-3428a and amendments thereto for
34 review of commitment of a defendant suffering from mental disease or
35 defect, and the respondent may be discharged or conditionally released
36 pursuant to that section. The respondent also may be discharged or con-
37 ditionally released in the same manner and subject to the same proce-
38 dures as provided by K.S.A. 22-3428 and amendments thereto for dis-
39 charge of or granting conditional release to a defendant found suffering
40 from mental disease or defect. If the respondent violates any conditions
41 of an order of conditional release, the respondent shall be subject to
42 contempt proceedings and return to custody as provided by K.S.A. 22-
43 3428b and amendments thereto.
SB 203--Am. by SCW 11
1 A copy of the court's order shall be sent to the school district in which
2 the juvenile offender is enrolled or will be enrolled
3 Sec. 5. K.S.A. 1998 Supp. 72-89b02 is hereby amended to read as
4 follows: 72-89b02. As used in this act:
5 (a) "Board of education" means the board of education of a unified
6 school district or the governing authority of an accredited nonpublic
8 (b) "School" means a public school or an accredited nonpublic school.
9 (c) "Public school" means a school operated by a unified school dis-
10 trict organized under the laws of this state.
11 (d) "Accredited nonpublic school" means a nonpublic school partic-
12 ipating in the quality performance accreditation system.
13 (e) "School employee" means any
teacher or other administrative,
14 professional or paraprofessional employee of a school
who has exposure
to a pupil specified in subsection (a) (1) through (5) of K.S.A. 1998 Supp.
72-89b03 and amendments thereto.
(f) "Administrator" means any individual who is employed by a school
in a supervisory or managerial capacity.
19 (f) "Superintendent of schools" means the superintendent of
20 schools appointed by the board of education of a unified school
21 district or the chief administrative officer of an accredited non-
22 public school appointed by the board of education of the school.
23 Sec. 6. K.S.A. 1998 Supp. 72-89b03 is hereby amended to read as
24 follows: 72-89b03. (a)
School employees with knowledge that a pupil is a
pupil specified in this subsection shall inform administrators and admin-
istrators with knowledge that a pupil is a pupil specified in this subsection
shall inform all other school employees of the following:
(1) The identity of any pupil who has been expelled as provided by
subsection (c) of K.S.A. 72-8901 and amendments thereto for conduct
which endangers the safety of others;
(2) the identity of any pupil who has been expelled as provided by
subsection (d) of K.S.A. 72-8901 and amendments thereto;
(3) the identity of any pupil who has been expelled under a policy
adopted pursuant to K.S.A. 1998 Supp. 72-89a02 and amendments
(4) the identity of any pupil who has been adjudged to be a juvenile
offender and whose offense, if committed by an adult, would constitute
a felony under the laws of Kansas or the state where the offense was
committed, except that this subsection shall not apply to an adjudication
as a juvenile offender involving a felony theft offense involving no direct
threat to human life; and
(5) the identity of any pupil who has been tried and convicted as an
adult of any felony, except that this subsection shall not apply to any felony
SB 203--Am. by SCW 12
conviction of theft involving no direct threat to human life engaged in
any conduct which may result in serious injury to self or others. School
employees and administrators shall not be required to report knowledge
of a pupil specified in this subsection beyond the current school year.
5 If a school employee has information that a pupil is a pupil to
6 whom the provisions of this section apply, the school employee shall
7 report such information and identify the pupil to the superintendent
8 of schools. The superintendent of schools shall investigate the mat-
9 ter and, upon determining that the identified pupil is a pupil to
10 whom the provisions of this section apply, shall provide the reported
11 information and identify the pupil to all school employees who are
12 directly involved or likely to be directly involved in teaching or
13 providing other school related services to the pupil. The provisions
14 of this section apply to:
15 (1) Any pupil who has been expelled for the reason provided by
16 subsection (c) of K.S.A. 72-8901, and amendments thereto, for con-
17 duct which endangers the safety of others;
18 (2) any pupil who has been expelled for the reason provided by
19 subsection (d) of K.S.A. 72-8901, and amendments thereto;
20 (3) any pupil who has been expelled under a policy adopted
21 pursuant to K.S.A. 1998 Supp. 72-89a02, and amendments thereto;
22 (4) any pupil who has been adjudged to be a juvenile offender
23 and whose offense, if committed by an adult, would constitute a
24 felony under the laws of Kansas or the state where the offense was
25 committed, except any pupil adjudicated as a juvenile offender for
26 a felony theft offense involving no direct threat to human life; and
27 (5) any pupil who has been tried and convicted as an adult of
28 any felony, except any pupil convicted of a felony theft crime in-
29 volving no direct threat to human life.
30 A school employee and the superintendent of schools shall not be
31 required to report information concerning a pupil specified in this
32 subsection if the expulsion, adjudication as a juvenile offender
33 conviction of a felony
or conduct which could result in serious in-
jury to self or others occurred more than 365 days prior to the
35 school employee's report to the superintendent of schools.
36 (b) Each board of education shall adopt a policy that includes:
37 (1) A requirement that an immediate report be made to the appro-
38 priate state or local law enforcement agency by or on behalf of any school
39 employee who knows or has reason to believe that
an act has been com-
mitted a pupil has engaged in any conduct an act has been committed
41 at school, on school property, or at a school supervised activity
the act involved conduct and that the act involved conduct which con-
stitutes the commission of a felony or misdemeanor may result in serious
SB 203--Am. by SCW 13
injury of a pupil to self or others constitutes the commission of a felony
2 or misdemeanor or which involves the possession, use or disposal of
3 explosives, firearms or other weapons; and
4 (2) the procedures for making such a report.
Administrators and other school School employees shall not be
6 subject to the provisions of subsection (b) of K.S.A. 1998 Supp. 72-89b04
7 and amendments thereto if:
8 (1) They follow the procedures from a policy adopted pursuant to the
9 provisions of subsection (b); or
10 (2) their board of education fails to adopt such policy.
11 (d) Each board of education shall annually compile and report to the
12 state board of education at least the following information relating to
13 school safety and security: The types and frequency of criminal acts that
14 are required to be reported pursuant to the provisions of subsection (b),
15 disaggregated by occurrences at school, on school property and at school
16 supervised activities. The report shall be incorporated into and become
17 part of the current report required under the quality performance ac-
18 creditation system.
19 (e) Each board of education shall make available to pupils and their
20 parents, to school employees and, upon request, to others, district policies
21 and reports concerning school safety and security,
including those re-
quired by this subsection, except that the provisions of this subsection
23 shall not apply to
the disclosures required reports made by a superin-
24 tendent of schools and school employees pursuant to subsection (a).
25 (f) Nothing in this section shall be construed or operate in any man-
26 ner so as to prevent any school employee from reporting criminal acts to
27 school officials and to appropriate state and local law enforcement
29 (g) The state board of education shall extract the information relating
30 to school safety and security from the quality performance accreditation
31 report and transmit the information to the governor, the legislature, the
32 attorney general, the secretary of health and environment,
and the sec-
33 retary of social and rehabilitation services and the commissioner of ju-
34 venile justice.
(h) No board of education and no member of any such board shall
be liable for damages in a civil action for the actions or omissions of any
administrator pursuant to the requirements and provisions of the Kansas
school safety and security act and to this end such board and members
thereof shall have immunity from civil liability related thereto. No ad-
ministrator or school employee shall be liable for damages in a civil action
for the actions or omissions of such administrator or school employee
pursuant to the requirements and provisions of the Kansas school safety
and security act and to this end such administrator or school employee
SB 203--Am. by SCW 14
shall have immunity from civil liability related thereto.
2 (h) No board of education, member of any such board, super-
3 intendent of schools or school employee shall be liable for damages
4 in a civil action resulting from a person's good faith acts or
5 omissions in complying with the requirements or provisions of the
6 Kansas school safety and security act.
7 Sec. 7. K.S.A. 72-5386 is hereby amended to read as follows:
8 72-5386. (a) This
act section shall apply to all school districts and to
9 every pupil of any school district. As used in this section, the term
10 "school records" means transcripts, grade cards, the results of tests, as-
11 sessments or evaluations, and all other personally identifiable records, files
12 and data directly related to a pupil.
13 (b) All school district property in the possession of any pupil
14 shall be returned to the proper school district authority or paid for
15 by the pupil upon transfer of the pupil from the school district. The
16 school records of any such pupil shall not be
forwarded until the pupil
has complied with the provisions of this section withheld for any reason.
Any A school district authority withholding any pupil records under
the requirements of this section shall advise, upon receipt of any request
for such records, the requesting party that the records are being withheld
under the requirements of this section and shall provide with such ad-
vice a fully itemized statement list of the school district property and
its value for which the pupil is charged in the possession of the pupil. In
24 the event that such school district authority receives an affidavit
25 stating that the pupil's parents are unable to
pay for or return the
26 school district property which is lost or missing, such school district
27 authority shall
forward the pupil's records as requested and note in the
28 school records of the pupil that the pupil has complied with the pro-
29 visions of this section. In the event that
such a school district au-
30 thority receives an affidavit from the board of education of another
31 school district or from the governing authority of a nonpublic
32 school stating that
the a pupil's records are being requested as proof
33 of identity of the pupil pursuant to the provisions of K.S.A. 72-
34 53,106, and amendments thereto, such school district authority
35 shall forward a certified copy of that part of the pupil's records
36 which provides information regarding the identity of the pupil.
37 (c) The school records of each pupil are the property of the pupil and
38 shall not be withheld by any school district. Upon request of a pupil or
39 the parent of a pupil, the school records of the pupil shall be given to such
40 pupil or parent, or, upon transfer of the pupil to another school district
41 or to a nonpublic school, shall be forwarded to such school district or
42 nonpublic school. A pupil's records forwarded to another school district
43 due to transfer will include original copies of all the students records,
SB 203--Am. by SCW 15
1 including transcripts, grade cards, results of tests, assessments or evalu-
2 ations, and all other personally identifiable records, files and data directly
3 related to the pupil.
7. 8. K.S.A. 72-5386 and K.S.A. 1998 Supp. 38-1502, 38-
5 1502c, 38-1507, 38-1602, 38-1602a, 38-1655, 72-89b02 and 72-89b03 are
6 hereby repealed.
8. 9. This act shall take effect and be in force from and after its
8 publication in the statute book.