Session of 1998
HOUSE BILL No. 2871
By Representative Horst
2-11
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AN ACT concerning school districts; relating
to employment of persons
10 in classified
positions; authorizing boards of education to receive cer-
11 tain information.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section 1. (a) The
board of education of a school district shall not
15 knowingly employ any person to fill a
classified position if such person:
16 (1) Has been convicted
of any offense or attempt to commit any of-
17 fense specified in subsection (c) of K.S.A.
21-4619, and amendments
18 thereto;
19 (2) has been convicted
of a felony under the uniform controlled sub-
20 stances act;
21 (3) has been convicted
of any offense or attempt to commit any of-
22 fense defined in any statutory section
contained in any of the articles 34,
23 35 or 36 of chapter 21 of Kansas Statutes
Annotated;
24 (4) has been convicted
of any felony or attempt to commit any felony
25 defined in any statutory section contained
in article 37 of chapter 21 of
26 Kansas Statutes Annotated;
27 (5) has been convicted
of any offense defined in K.S.A. 21-4301,
28 21-4301a or 21-4301c, and amendments
thereto;
29 (6) has been convicted
in another state or by the federal government
30 of an offense similar to any offense
specified in this subsection;
31 (7) has been adjudicated
a juvenile offender because of having com-
32 mitted an act which if done by an adult
would constitute the commission
33 of a felony and which is a crime against
persons, is any act described in
34 articles 34, 35 or 36 of chapter 21 of
Kansas Statutes Annotated, or is any
35 act described in K.S.A. 21-4301 or
21-4301a, and amendments thereto,
36 or similar statutes of other states or the
federal government;
37 (8) has committed an act
of physical, mental or emotional abuse or
38 neglect or sexual abuse as validated by the
department of social and re-
39 habilitation services pursuant to the code
for care of children and has
40 failed to successfully complete a
corrective action plan which had been
41 deemed appropriate and approved by the
department of social and re-
42 habilitation services;
43 (9) has had a child
declared by a court order in this or any other state
HB 2871
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1 to be deprived or a child in need of
care based on an allegation of physical,
2 mental or emotional abuse or neglect
or sexual abuse;
3 (10) has had
parental rights terminated pursuant to the code for care
4 of children or a similar code of
other states; or
5 (11) has signed a
diversion agreement pursuant to K.S.A. 22-2906 et
6 seq., and amendments thereto,
or pursuant to K.S.A. 38-1635, and
7 amendments thereto.
8 (b) The board of
education of a school district shall receive from (1)
9 the Kansas bureau of investigation,
upon request and without charge,
10 such criminal history record information
relating to criminal convictions
11 as the board deems necessary to comply with
the provisions of subsection
12 (a), (2) the secretary of social and
rehabilitation services, upon request
13 and without charge, such information
related to proceedings and dispo-
14 sitions under the code for care of children
as the secretary and board
15 agree to be necessary for the board to
comply with the provisions of
16 subsection (a), and (3) the commissioner of
juvenile justice, upon request
17 and without charge, such information
related to proceedings and dispo-
18 sitions under the juvenile justice code as
the commissioner and board
19 agree to be necessary for the board to
comply with the provisions of
20 subsection (a).
21 (c) Information, other
than conviction data, received by a board of
22 education pursuant to the provisions of
subsection (b) shall be confiden-
23 tial. Any disclosure of such confidential
information by a member of the
24 board of education shall be subject to any
civil or criminal penalties im-
25 posed by law for violations of the duty of
confidentiality imposed upon
26 the agencies from which the information was
received and shall constitute
27 grounds for removal from office.
28 (d) A board of
education, in accordance with K.S.A. 75-4319, and
29 amendments thereto, may recess for a closed
or executive meeting to
30 receive information specified in subsection
(b) and to discuss such infor-
31 mation with persons employed by the board
in a classified position or
32 with persons seeking employment by the
board in a classified position.
33 (e) No board of
education shall be liable for civil damages to any
34 person refused employment or discharged
from employment by reason
35 of the board's compliance, in good faith,
with the provisions of this sec-
36 tion.
37 Sec. 2. This act
shall take effect and be in force from and after its
38 publication in the statute book.
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