Session of 2023
Senate Substitute for HOUSE BILL No. 2138
By Committee on Education
3-27
AN ACT concerning education; relating to school districts; requiring
separate overnight accommodations for students of each biological sex
during school district sponsored travel; providing for administrative
review of resolutions to permanently close a school building; amending
K.S.A. 72-1431 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The board of education of each school district
shall adopt a policy requiring that separate overnight accommodations be
provided for students of each biological sex during school district
sponsored travel that requires overnight stays by students. Such policy
shall be provided to parents prior to a student's participation in an activity
or travel that requires overnight stays by students.
(b) Any student who is subject to retaliation or other adverse action
by a school district or any employee thereof as a result of reporting a
violation of this section shall have a private cause of action for injunctive
relief, damages and any other relief available under law against such
school district. All civil actions shall be initiated within two years after the
harm occurred. Students who prevail on a claim brought pursuant to this
section shall be entitled to monetary damages, including for any
psychological, emotional and physical harm suffered, reasonable attorney
fees and costs and any other appropriate relief.
(c) As used in this section:
(1) "Biological sex" means the biological indication of male and
female in the context of reproductive potential or capacity, such as sex
chromosomes, naturally occurring sex hormones, gonads and
nonambiguous internal and external genitalia present at birth, without
regard to an individual's psychological, chosen or subjective experience of
gender;
(2) "school district sponsored travel" means any travel that is
necessary for students to attend, participate or compete in any event or
activity that is sponsored or sanctioned by a school operated by the school
district, including, but not limited to, any travel that is organized:
(A) By any club or other organization recognized by the school;
(B) through any communication facilitated by the school, such as
email; or
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(C) through fundraising activities conducted, in whole or in part, by
school district employees or on school district property.
Sec. 2. On and after January 1, 2024, K.S.A. 72-1431 is hereby
amended to read as follows: 72-1431. (a) As used in this section, "school
building" means any building or structure operated or maintained by the
board of education of a unified school district.
(b) The board of education of any unified school district, by adoption
of a resolution, may close any school building at any time the board
determines that the building should be closed to improve the school system
of the unified school district. The board of education may close more than
one school building in one resolution. A resolution adopted pursuant to this
section shall require a majority vote of the members of the board of
education and shall require no other approval.
(c) Prior to adopting a resolution closing any school building, the
board of education shall call and hold a hearing on the proposal. The
notice of such hearing shall include the reasons for the proposed closing,
the name of any affected school building and the name of any school
building to which the involved pupils students shall be reassigned. Such
notice also shall include the time, date and place of the public hearing to
be held on the proposal. Such notice shall be published at least once each
week for two consecutive weeks in a newspaper of general circulation in
the school district. The last publication shall be at least 10 but not more
than 20 days prior to the date of the public hearing.
(d) At any such hearing, the board shall hear testimony as to the
advisability of the proposed closing, and a representative of the board shall
present the board's proposal for such closing. Following the public
hearing, or any continuation of such hearing, and after considering all of
the testimony and evidence presented or submitted at the public hearing,
the board shall determine whether the school building should be closed to
improve the school system of the unified school district.
(e) The state board of education shall conduct an administrative
review of a resolution adopted pursuant to this section if the state board
receives a request for administrative review signed by at least 5% of the
registered voters of such school district who are dissatisfied with such
resolution not later than 45 days after the adoption of such resolution.
Such request shall be made in such form and manner as prescribed by the
state board of education. Upon receipt of any such request, the state board
of education shall review the resolution to determine the reasonableness
thereof. Not later than 45 days after receipt of any such request, the state
board shall issue an advisory determination to the school district that
states whether the school district's resolution is reasonable under the
totality of the circumstances. Such advisory determination may include
recommendations regarding modifying or rescinding the resolution. If the
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state board receives more than one request for administrative review on
the same school district resolution, the state board may dismiss any
requests received after the initial request or combine such requests with
the initial request.
(f) Upon receipt of an advisory determination issued pursuant to
subsection (e), including any advisory determination that the resolution is
reasonable, the board of education of such school district shall reconsider
such resolution. In reconsidering such resolution, the board of education
shall hold a public hearing in accordance with the provisions of
subsections (c) and (d) and may approve, modify and approve or rescind
such resolution upon the conclusion of such hearing.
(g) No resolution adopted pursuant to this section shall be effective
until the 45-day time period provided under subsection (e) has elapsed
without a request for administrative review.
Sec. 3. On and after January 1, 2024, K.S.A. 72-1431 is hereby
repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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