As Amended by House Committee
Session of 1999
By Representatives Lloyd, Compton, Freeborn, Horst, Humerickhouse,
                Hutchins, Krehbiel, Light, Mason, O'Neal, Shultz, Storm, Tanner,
                Vining and Weber

12             AN  ACT concerning schools; requiring boards of education to adopt pol-
13             icies on pupil discipline and behavior; providing immunity from civil
14             and criminal liability for certain actions of teachers, boards of educa-
15             tion and school administrators.
17       Be it enacted by the Legislature of the State of Kansas:
18             Section  1. As used in this act:
19             (a) "Board of education" means the board of education of a unified
20       school district or the governing authority of an accredited nonpublic
21       school.
22             (b) "School" means a public school or an accredited nonpublic school.
23             (c) "Public school" means a school operated by a unified school dis-
24       trict organized under the laws of this state.
25             (d) "Accredited nonpublic school" means a nonpublic school partic-
26       ipating in the quality performance accreditation system.
27             (e) "School employees" means teachers, administrators and support
28       staff employed by a school.
29             Sec.  2. The board of education of each school shall develop, adopt
30       and broadly disseminate a written policy on pupil discipline and behavior.
31       Copies of the policy shall be given to all school employees, parents and
32       pupils. The state board of education shall provide boards of education
33       with assistance in the preparation of policies on pupil discipline and be-
34       havior. Policies shall be prepared in such form, parameters and manner
35       as the state board shall require and shall be filed with the state board at
36       a time to be determined and specified by the state board.
37             Sec.  3. Teachers hereby are given the authority and responsibility to
38       use such appropriate means of discipline as are prescribed by the board
39       of education in its written policy on pupil discipline and behavior. So long
40       as a teacher follows approved policy in the exercise of the teacher's re-
41       sponsibility to maintain discipline in the teacher's classroom, such teacher
42       shall be immune from civil or criminal liability. It shall be the responsi-
43       bility of boards of education and the administrators employed by them to
44       implement and control the written policy on pupil discipline and behavior

HB 2341--Am.


  1       and to provide legal support to each teacher exercising the teacher's au-
  2       thority and responsibility to maintain order and discipline in the teacher's
  3       classroom as long as the teacher follows the board of education's policy.
  4       Such support for the teacher shall include, but not be limited to, providing
  5       appropriate legal representation to defend the teacher against charges,
  6       seeking the issuance of a warrant or warrants for any person or persons
  7       threatening or assaulting a teacher, and the timely assistance and coop-
  8       eration with the appropriate authorities in the prosecution of any person
  9       or persons threatening or assaulting a teacher. Boards of education and
10       school administrators providing such support shall be absolutely immune
11       from civil and criminal liability for actions authorized or required by this
12       section.
13        Sec.  4. This act shall take effect and be in force from and after its
14       publication in the statute book.