Session of 2000
By Representative Horst

10             AN  ACT concerning the school safety and security act; relating to pupil
11             information reporting requirements; amending K.S.A. 1999 Supp. 72-
12             89b03 and repealing the existing section.
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1999 Supp. 72-89b03 is hereby amended to read
16       as follows: 72-89b03. (a) If a school employee has information that a pupil
17       is a pupil to whom the provisions of this subsection apply, the school
18       employee shall report such information and identify the pupil to the su-
19       perintendent of schools. The superintendent of schools shall investigate
20       the matter and, upon determining that the identified pupil is a pupil to
21       whom the provisions of this subsection apply, shall provide the reported
22       information and identify the pupil to all school employees who are directly
23       involved or likely to be directly involved in teaching or providing other
24       school related services to the pupil. The provisions of this subsection apply
25       to:
26             (1) Any pupil who has been expelled for the reason provided by sub-
27       section (c) of K.S.A. 72-8901, and amendments thereto, for conduct
28       which endangers the safety of others;
29             (2) any pupil who has been expelled for the reason provided by sub-
30       section (d) of K.S.A. 72-8901, and amendments thereto;
31             (3) any pupil who has been expelled under a policy adopted pursuant
32       to K.S.A. 1999 Supp. 72-89a02, and amendments thereto;
33             (4) any pupil who has been adjudged to be a juvenile offender and
34       whose offense, if committed by an adult, would constitute a felony under
35       the laws of Kansas or the state where the offense was committed, except
36       any pupil adjudicated as a juvenile offender for a felony theft offense
37       involving no direct threat to human life; and
38             (5) any pupil who has been tried and convicted as an adult of any
39       felony, except any pupil convicted of a felony theft crime involving no
40       direct threat to human life.
41             A school employee and the superintendent of schools shall not be re-
42       quired to report information concerning a pupil specified in this subsec-
43       tion if the expulsion, adjudication as a juvenile offender or conviction of


  1       a felony occurred more than 365 days prior to the school employee's
  2       report to the superintendent of schools.
  3             (b) Each board of education shall adopt a policy that includes:
  4             (1) A requirement that an immediate report be made to the appro-
  5       priate state or local law enforcement agency by or on behalf of any school
  6       employee who knows or has reason to believe that an act has been com-
  7       mitted at school, on school property, or at a school supervised activity and
  8       that the act involved conduct which constitutes the commission of a felony
  9       or misdemeanor or which involves the possession, use or disposal of ex-
10       plosives, firearms or other weapons; and
11             (2) the procedures for making such a report.
12             (c)  School employees shall not be subject to the provisions of sub-
13       section (b) of K.S.A. 1999 Supp. 72-89b04 and amendments thereto if:
14             (1) They follow the procedures from a policy adopted pursuant to the
15       provisions of subsection (b); or
16             (2) their board of education fails to adopt such policy.
17             (d) Each board of education shall annually compile and report to the
18       state board of education at least the following information relating to
19       school safety and security: The types and frequency of criminal acts that
20       are required to be reported pursuant to the provisions of subsection (b),
21       disaggregated by occurrences at school, on school property and at school
22       supervised activities. The report shall be incorporated into and become
23       part of the current report required under the quality performance ac-
24       creditation system.
25             (e) Each board of education shall make available to pupils and their
26       parents, to school employees and, upon request, to others, district policies
27       and reports concerning school safety and security, except that the provi-
28       sions of this subsection shall not apply to reports made by a superinten-
29       dent of schools and school employees pursuant to subsection (a).
30             (f) Nothing in this section shall be construed or operate in any man-
31       ner so as to prevent any school employee from reporting criminal acts to
32       school officials and to appropriate state and local law enforcement
33       agencies.
34             (g) The state board of education shall extract the information relating
35       to school safety and security from the quality performance accreditation
36       report and transmit the information to the governor, the legislature, the
37       attorney general, the secretary of health and environment, the secretary
38       of social and rehabilitation services and the commissioner of juvenile
39       justice.
40             (h) No board of education, member of any such board, superinten-
41       dent of schools or school employee shall be liable for damages in a civil
42       action resulting from a person's good faith acts or omissions in complying
43       with the requirements or provisions of the Kansas school safety and se-


  1       curity act. 
  2       Sec.  2. K.S.A. 1999 Supp. 72-89b03 is hereby repealed.
  3        Sec.  3. This act shall take effect and be in force from and after its
  4       publication in the statute book.