Senate Substitute for HOUSE BILL No. 2138
AN ACT concerning education; relating to school districts; requiring separate overnight
accommodations for students of each biological sex during school district sponsored
travel; requiring contracts for exclusive broadcasts of state high school activities
association activities to permit certain local broadcasts; 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
(C) through fundraising activities conducted, in whole or in part,
by school district employees or on school district property.
New Sec. 2. (a) If the association enters into or renews an
exclusive broadcast agreement for a regular season activity or
postseason activity, such agreement shall not prohibit local broadcasters
from broadcasting a school's regular season activity or postseason
activity if the local broadcasters:
(1) Provide broadcast services for the school that is participating
in the postseason activity;
(2) broadcast at least
1
/3 of the events of such activity during the
regular season; and
(3) entered into valid broadcast agreements to broadcast the events
of the activity during the regular season.
(b) The provisions of this section shall not prohibit the association
from requiring local broadcasters to enter into regular season or
postseason broadcast agreements with stipulations that may include, but
are not limited to:
(1) Reasonable compensation for broadcasts, except that no fee
shall be charged for such broadcasts;
(2) approval by host site;
(3) limitations on organizations that are permitted to sponsor part
of the broadcast; and
(4) requirements for competent and professional announcers.
(c) As used in this section:
(1) "Activity" and "activities" mean the same as defined in K.S.A.
72-7117, and amendments thereto.
(2) "Association" means the state high school activities
association or any association authorized by K.S.A. 72-7114, and Senate Subsitute for HOUSE BILL No. 2138—page 2
amendments thereto.
(3) "Broadcast" means the live or recorded audio or video
transmission of an activity, play-by-play or similar accounts of such
activity via radio, television, internet or other technologies.
(4) "Exclusive broadcast agreement" means an agreement entered
into between the association and an organization to broadcast
association activities under which such organization retains sole rights
to broadcast such activities or first right to broadcast such activities.
(5) "Local broadcaster" means an organization, located in Kansas,
that provides local broadcast services for any activity of a local school.
"Local broadcaster" includes a student organized broadcast that is
offered as an educational course or program by the school.
(6) "Organization" means an individual, public or private
corporation, partnership, limited liability company, association, joint
venture or any other legal or commercial entity.
(7) "Postseason activity" means an association-sponsored activity
that occurs after the regular season is complete, including individual
games and tournaments.
Sec. 3. 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 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 Senate Subsitute for HOUSE BILL No. 2138—page 3
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. 4. On and after January 1, 2024, K.S.A. 72-1431 is hereby
repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
HOUSE, and was adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.