As Amended by House Committee
Session of 1999
By Committee on Health and Human Services
(By Request of SRS Transition Oversight Committee)

11             AN  ACT concerning school records of children in the custody of the
12             secretary of social and rehabilitation services; transfer of pupil records;
13             amending K.S.A. 72-5386 and repealing the existing section.
15       Be it enacted by the Legislature of the State of Kansas:
16             Section  1. K.S.A. 72-5386 is hereby amended to read as follows: 72-
17       5386. (a) This act shall apply to all school districts and to every pupil of
18       any school district.
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. Except as otherwise
22       provided by this section, the school records of any such pupil shall not
23       be forwarded until the pupil has complied with the provisions of this
24       section. Any school district authority withholding any pupil records under
25       the requirements of this section shall advise, upon receipt of any request
26       for such records, the 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 that the pupil has complied with the provisions of
34       this section. In the event that such school district authority receives an
35       affidavit from the board of education of another school district or from
36       the governing authority of a nonpublic school stating that the pupil's re-
37       cords are being requested as proof of identity of the pupil pursuant to
38       the provisions of K.S.A. 72-53,106, and amendments thereto, such school
39       district authority shall forward a certified copy of that part of the pupil's
40       records which provides information regarding the identity of the pupil.
41             (c) Notwithstanding any provisions of this statute or any other statute
42       to the contrary, upon the request of the secretary of social and rehabili-
43       tation services, or the secretary's authorized agent, a school district au-

HB 2236--Am.


  1       thority shall immediately prepare and send a certified copy of all re-
  2       quested school records of any pupil who is in the custody of the secretary
  3       of social and rehabilitation services, or the secretary's authorized agent,
  4       directly to the school district or nonpublic school specified in such request
  5       and. A school district shall not require any prior return of property or
  6       payment or other compliance with the provisions or requirements of this
  7       statute or any other statute as a condition precedent to sending the school
  8       records as requested.  
  9       Sec.  2. K.S.A. 72-5386 is hereby repealed.
10        Sec.  3. This act shall take effect and be in force from and after its
11       publication in the Kansas register.