SESSION OF 2023
SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR
HOUSE BILL NO. 2138
As Recommended by Senate Committee on
Education
Brief*
Senate Sub. for HB 2138 would require each school
district board of education to 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, and would address retaliation
against a student who reports such violation. The bill would
also provide for administrative review by the State Board of
Education (State Board) of resolutions adopted by local
school boards to permanently close a school building.
Overnight Accommodations
The bill would require the board of education of each
school district to adopt a policy that would mandate separate
overnight accommodations be provided for students of each
biological sex during school district sponsored travel that
requires overnight stays.
Reporting and Retaliation
The bill would provide a private cause of action against
a school district for any student who is subject to retaliation or
adverse actions by a school district or its employees as a
result of reporting a violation relating to the overnight
accommodations policy. The bill would require such civil
actions to be initiated within two years after the harm
____________________
*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.kslegislature.org occurred. Students prevailing in such action would be entitled
to monetary damages, including monetary damages for
psychological, emotional, and physical harm suffered; for
reasonable attorney fees and costs; and for other appropriate
relief.
Definitions
The bill would establish definitions for the following
terms:
●“Biological sex” to mean 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; and
●“School district sponsored travel” to mean 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:
○By any club or organization recognized by the
school;
○Through any communication facilitated by the
school, such as email; or
○Through fundraising activities conducted, in
whole or in part, by school district employees
or on school district property.
Resolution to Close a School Building
Under current law, a board of education of any unified
school district may adopt a resolution to close any school
2- 2138 building at any time the board determines that the building
should be closed to improve the school system. Prior to the
adoption of the resolution, a public hearing on the proposal to
close a school building must be held. In order for the
resolution to be adopted, a majority of the members of the
local board of education must vote to adopt the resolution.
Request for Review
The bill would allow citizens to request the State Board
to conduct an administrative review of a resolution to close a
school building. The State Board of Education would be
required to conduct an administrative review of a resolution if
at least 5.0 percent of registered voters of such school district
sign a request for administrative review.
The bill would specify that a request for administrative
review would need to be received by the State Board no later
than 45 days after the adoption of the resolution to close a
school building. If the State Board receives more than one
request for review on the same resolution to close a school
building, the request(s) received after the initial request could
be dismissed or could be combined with the initial request.
The bill would clarify that a resolution to close a school
building would not be effective until the 45-day time period to
request a review has lapsed, so long as no request for review
has been received by the State Board.
Administrative Review
The State Board would be required to review the
resolution to determine whether it is reasonable under the
totality of the circumstances. The bill would require an
advisory determination to be issued to the school district no
later than 45 days after receipt of the request for review. The
advisory determination could include recommendations to
modify or to rescind the original resolution to close the school
building.
3- 2138 Reconsideration
Upon receipt of the State Board’s advisory
determination, the local board of education would be required
to reconsider the original resolution to close a building. In
reconsidering the resolution, the local board of education
would be required to hold a public hearing. Upon the
conclusion of a hearing, the local board of education would
issue one of the following determinations on the original
resolution:
●Approve the resolution to close the school building;
●Modify and approve the resolution to close the
school building; or
●Rescind the resolution to close the school building.
Definitions
The bill would define the term “school building” to mean
any building or structure operated or maintained by the board
of education of a unified school district.
Effective Date
The bill would provide that the provisions relating to a
resolution to close a school building, and the potential
subsequent review of such resolution, would go into effect
and be in force from and after January 1, 2024, and
publication in the statute book.
4- 2138 Background
The Senate Committee on Education recommended a
substitute bill incorporating provisions originally contained in
SB 255 (pertaining to school district policies related to
overnight accommodations) and in SB 304 (pertaining to
administrative review of local school board resolutions to
close a school building).
The original provisions of HB 2138 were removed from
the bill. [Note: HB 2138, as passed by the House, would have
created the Career Technical Education Credential and
Transition Incentive for Employment Success Act.]
SB 255 (Overnight Accommodations)
SB 255 was introduced by the Senate Committee on
Federal and State Affairs at the request of Senator
Thompson.
Senate Committee on Education
In the Senate Committee hearing, proponent testimony
was provided by five private citizens who generally stated that
the bill would help prevent biological girls and biological boys
from sharing rooms on school sponsored overnight trips, and
could prevent uncomfortable situations that might arise as a
result of sharing rooms with the opposite sex. Written-only
proponent testimony was provided by representatives of
Kansas Family Voice and Kansas Catholic Conference,
twenty (20) private citizens, and Senator Steffen.
Opponent testimony was provided by representatives of
the Kansas Association of School Boards, Kansas National
Education Association, and United School Administrators of
Kansas, all of whom generally stated that issues pertaining to
school sponsored travel are best left to the local school
districts and other parties who may be involved. Written-only
5- 2138 opponent testimony was provided by a representative of the
American Civil Liberties Union of Kansas.
No other testimony was provided.
SB 304 (Resolution to Close a School Building)
Senate Committee on Education
In the Senate Committee hearing, proponent testimony
was provided by two representatives of the Wetmore
Community Action Association, an attorney who represents
citizen groups in Wilson, Kansas, and Wetmore, Kansas, and
one private citizen. Proponents generally testified that the bill
would provide local citizens with the ability to request an
administrative review of decisions that have the potential to
effect entire communities in Kansas.
Neutral testimony was provided by a representative of
the Wilson High School Future Committee and one private
citizen, both of whom generally testified that the bill could
incentivize small schools in consolidated districts to seek
disorganization.
Opponent testimony was provided by Representative
Garber, who generally stated that the bill would affect
decisions already made by local school boards that have
followed current law.
The Senate Committee on Education amended the
contents of SB 304 prior to incorporating its provisions into
the Senate Sub. for HB 2138. The Senate Committee on
Education amended the bill to:
●Remove the authority of the State Board of
Education to establish new school districts for
purposes of attachment of territory of a
disorganized school district;
6- 2138 ●Require the request for administrative review be
made by at least 5.0 percent of registered voters of
the school district within 45 days, rather than 60
days, after adoption of a resolution to close a
school building;
●Require the State Board of Education to issue an
advisory determination within 45 days, rather than
60 days, after receipt of a request for
administrative review;
●Require local school boards of education, upon
receipt of an advisory determination, to reconsider
an original resolution to close a school building;
●Remove provisions relating to judicial review; and
●Make technical amendments to ensure consistency
in statutory phrasing.
Fiscal Information
SB 255 (Overnight Accommodations)
According to the fiscal note prepared by the Division of
the Budget on SB 255, as introduced, the Department of
Education indicates the bill would have a negligible fiscal
effect on school districts. The Office of Judicial Administration
indicates it is not possible to estimate the number of
additional court cases and therefore, the fiscal effect cannot
be estimated.
SB 304 (Resolution to Close a School Building)
According to the fiscal note prepared by the Division of
the Budget on SB 304, as introduced, the Department of
Education indicates the provisions of the bill regarding the
review of a district resolution to permanently close a school
7- 2138 building could require additional administrative time to
implement; however, any additional costs would be negligible.
Kansas State Board of Education; school sponsored travel; accommodations; school
districts; disorganized school district; school building; administrative review
8- 2138