Session of 1999
         
HOUSE BILL No. 2383
         
By Representative Horst
          
2-10
          
  9             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, 21-
28       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 2383

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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:
  9             (1) The Kansas bureau of investigation, upon request and without
10       charge, such criminal history record information relating to criminal con-
11       victions as the board deems necessary to comply with the provisions of
12       subsection (a);
13             (2) the secretary of social and rehabilitation services, upon request
14       and without charge, such information related to proceedings and dispo-
15       sitions under the code for care of children as the secretary and board
16       agree to be necessary for the board to comply with the provisions of
17       subsection (a); and
18             (3) the commissioner of juvenile justice, upon request and without
19       charge, such information related to proceedings and dispositions under
20       the juvenile justice code as the commissioner and board agree to be nec-
21       essary for the board to comply with the provisions of subsection (a).
22             (c) Information, other than conviction data, received by a board of
23       education pursuant to the provisions of subsection (b) shall be confiden-
24       tial. Any disclosure of such confidential information by a member of the
25       board of education shall be subject to any civil or criminal penalties im-
26       posed by law for violations of the duty of confidentiality imposed upon
27       the agencies from which the information was received and shall constitute
28       grounds for removal from office.
29             (d) A board of education, in accordance with K.S.A. 75-4319, and
30       amendments thereto, may recess for a closed or executive meeting to
31       receive information specified in subsection (b) and to discuss such infor-
32       mation with persons employed by the board in a classified position or
33       with persons seeking employment by the board in a classified position.
34             (e) No board of education shall be liable for civil damages to any
35       person refused employment or discharged from employment by reason
36       of the board's compliance, in good faith, with the provisions of this
37       section.
38        Sec.  2. This act shall take effect and be in force from and after its
39       publication in the statute book.