Brief⁽¹⁾

S.B. 298 prohibits the State Board of Education from knowingly issuing or renewing the certificate of any person who has been convicted of any offense or attempting to commit any offense in subsection (c) of K.S.A. 21-4619 (serious sex crimes). (Denial of certification of persons who commit these offenses is permanent.)

Subject to a finding of rehabilitation or satisfaction of a criminal diversion agreement, the bill also prevents the State Board of Education from issuing to or renewing a teaching certificate of any person who has:

• been convicted of a felony under the Uniform Controlled Substances Act;



• been convicted of a person felony (Art. 34 of Ch. 21) or battery of a minor (K.S.A. 21-3412);



• been convicted of a sex offense (Art. 35 of Ch. 21) or of sexual battery of a minor (K.S.A. 21-3517), other than those crimes specified above for which certification must permanently be denied;



• been convicted of an offense affecting family relationships and children (Art. 36 of Ch. 21), other than those specified above for which certification permanently must be denied;

• been convicted of felony crime against property (Art. 37 of Ch. 21) other than those crimes specified above for which certification permanently must be denied;



• been convicted of an anticipatory crime (Art. 33, Sec. 3301 of Ch. 21);



• been convicted of promotion of obscenity under K.S.A. 21-4301, 21-4301a, or 21-4301c);



• been convicted in another state or by the federal government of an offense similar to the preceding types of offenses; or



• entered into a criminal diversion agreement for any of the above (subsection b) offenses.

The State Board of Education may issue or renew a certificate of a person who has not committed an offense for which permanent denial must be imposed. Likewise, the State Board may issue or renew a certificate of a person who entered into a criminal diversion agreement after having been charged with such an offense when the person has satisfied the terms and conditions of the agreement. The State Board must determine at a hearing that the individual has been rehabilitated for a period of at least five years from the date of conviction of the offense or, in the case of a diversion agreement, upon satisfaction of the terms of that agreement. In determining whether to grant a certificate, the State Board may consider factors including, but not limited to:

• the nature and seriousness of the offense;



• the conduct of the individual since commission of the offense;



• the time elapsed since the commission of the offense;



• age of the person at the time of commission of the offense;



• whether the offense was an isolated or recurring incident; or



• discharge from probation, pardon, or expungement.

Before a certificate is denied by the State Board, the person must be given notice and an opportunity for a hearing in accord with the Kansas Administrative Procedure Act.

The county or district attorney must report to the State Board the name, address, and social security number of any person who has been determined to have committed an offense or to have entered into a diversion agreement in connection with a charge for an offense addressed by this bill. This report must be made within 30 days of the date of the determination that the person committed the act or entered into diversion agreement.

A person whose certificate is revoked or not renewed due to conviction of an offense or participation in a diversion agreement in connection with an offense specified in the bill forfeits any due process rights that might otherwise apply with respect to continued employment in a school district.

Background

At hearings in the Senate Judiciary Committee, proponents said the bill was designed to protect children and to keep undesirable persons from teaching.

The 1997 fiscal note stated the impact to the state would be $25,021.

At hearings before the House Education Committee, Senator Emert, a co-sponsor of the bill, explained the provisions and emphasized that a key feature is the requirement for reporting information on criminal convictions and diversion agreements to the State Board of Education. Also appearing as proponents were the Superintendent of the Shawnee Heights school district (USD 450) and the Kansas Association of School Boards. The Kansas National Education Association explained that it did not oppose the bill, but it did express concerns about how the bill might impact on the role of the Professional Practices Commission, how the bill's provisions would apply to persons who had entered into diversion agreements, and whether the bill's reporting requirements might be too onerous.

House Education Committee amendments:

• addressed more specifically the issue of certificate issuance and renewal in cases of persons on diversion agreements; and



• specified that school district due process rights with respect to employment contracts are inapplicable when a certificate is revoked or not renewed for acts covered by the bill.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.