Session of 2000
HOUSE BILL No. 2847
By Representative Horst
2-3
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.
13
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
2
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-
3
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.