SESSION OF 2023
SECOND CONFERENCE COMMITTEE REPORT BRIEF
SENATE SUBSTITUTE FOR HOUSE BILL NO. 2 138
As Agreed to April 6, 2023
Brief*
Senate Sub. for HB 2138 would require school district boards of education to adopt a
policy regarding separate oversight accommodations for students of each biological sex during
school district sponsored travel; permit local broadcasters to broadcast a school’s regular or
postseason activities under certain criteria; and provide for administrative review by the State
Board of Education (State Board) of resolutions adopted by school district boards to
permanently close a school building.
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. All other provisions would be in
effect upon publication in the statute book.
Overnight Accommodations
The bill would require each school district’s 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.
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 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.
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*Conference committee report briefs are prepared by the Legislative Research Department and do not express
legislative intent. No summary is prepared when the report is an agreement to disagree. Conference committee
report briefs may be accessed on the Internet at http://www.kslegislature.org/klrd
1 - 2138 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 non-ambiguous 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.
Local Broadcasters; Postseason Activities; Contracts and Agreements
The bill would permit local broadcasters to broadcast a school’s postseason activities,
notwithstanding exclusive contracts entered into by the Kansas State High School Activities
Association (KSHSAA) for the purpose of broadcasting postseason activities. [Note: KSHSAA is
entered into an exclusive broadcast agreement with the National Federation of State High
School Associations (NFHS). The current agreement has five years remaining, along with an
optional extension if specific performance metrics are met.]
Definitions
The bill would define various terms, including:
●“Activity” and “activities” would mean school activities and contests in the fields of
athletics, music, forensics, dramatics, and any other interschool extracurricular
activities by students enrolled in any of the grades from seven (7) to twelve (12),
inclusive;
●“Broadcast” would mean 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;
●“Exclusive broadcast agreement” would mean an agreement entered into between
KSHSAA 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; and
2 - 2138 ●“Local broadcaster” would mean an organization, located in Kansas, that provides
local broadcast services for any activity of a local school. [Note: “Local broadcaster”
would include a student organization broadcast that is offered as an educational
course or program by the school.]
Applicability
Current law allows KSHSAA to enter into an exclusive broadcast agreement for a
postseason activity. The bill would provide that if KSHSAA enters into or renews an exclusive
broadcast agreement to broadcast a regular season activity or postseason activity, local
broadcasters would not be prohibited from broadcasting a school’s regular season activity or
postseason activity if the local broadcaster:
●Provides broadcast services for the school that is participating in the postseason
activity;
●Broadcasts at least one-third of the events of such activity during the regular season;
and
●Entered into valid broadcast agreements to broadcast the events of the activity during
the regular season.
The bill would not prohibit KSHSAA from requiring local broadcasters to enter into a
postseason broadcast agreement with stipulations. Stipulations would include, but would not be
limited to:
●Reasonable compensation for broadcasts, except that no fee shall be charged for
such broadcasts;
●Approval by the site hosting the event;
●Limitations on organizations that are permitted to sponsor part of the broadcast; and
●Requirements for competent and professional announcers.
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 building at any time the board determines 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 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.
3 - 2138 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.
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.
Conference Committee Action
The second Conference Committee agreed to the Senate amendments to the bill and
further agreed to insert provisions pertaining to local broadcasters (SB 13, as amended by
House Committee).
[Note: Provisions pertaining to the original subject of HB 2138 (career technical education
[CTE]) are incorporated in the Conference Committee Report for SB 123.]
4 - 2138 Background
The bill, as agreed to by the second Conference Committee, contains provisions of Senate
Sub. for HB 2138 and SB 13.
Senate Sub. for HB 2138 (Overnight Accommodations; Resolution to Close a School
Building)
The Senate Committee on Education recommended Senate Sub. for HB 2138 ,
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 5 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 Senator Steffen, representatives of Kansas Family Voice and
Kansas Catholic Conference, and 20 private citizens.
Opponent testimony was provided by representatives of the Kansas Association of School
Boards, Kansas National Education Association, and United School Administrators of Kansas,
who 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 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 the cities of Wilson and Wetmore, and one private citizen. The proponents
5 - 2138 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, who 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 to establish new school districts for
purposes of attachment of territory of a disorganized school district;
●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 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.
[Note: The Conference Committee retained these amendments.]
SB 13 (Local Broadcasters)
SB 13 was introduced by Senators Hawk and Billinger.
Senate Committee on Education
In the Senate Committee hearing on January 23, 2023, proponent testimony was heard
by former Senator Hawk and by representatives of Harris Media Services, LLC, Kansas
Association of Broadcasters, Kiowa County Media Center, KNZA Radio Group, Open Spaces
Sports, Inc., and St. Francis Community High School. The proponents generally stated the
current exclusive contract prevents local broadcasters from covering postseason activities.
During the regular season, local broadcast companies work with local businesses in their
communities to provide live coverage and commentary of athletic activities to fans free-of-
charge. The proponents also stated that student-athletes and coaches watch previously
6 - 2138 recorded broadcasts for training and scouting purposes, and high school students volunteer with
and work for local broadcast companies to gain real-world experience.
Written-only proponent testimony was provided by a representative of the Kansas Press
Association and nine private citizens, three of whom identified themselves as educators or
administrators in the public school system. These proponents generally stated the bill would
promote local economic growth and allow fans from all over to listen and watch postseason
activities.
The Executive Director of KSHSAA provided opponent testimony, stating the current
broadcast agreement with NFHS ensures that events not broadcast by NFHS are available to
local broadcast companies. The Executive Director also stated that KSHSAA and NFHS
regularly broadcast all skill-levels of activities administered by KSHSAA.
The Senate Committee amended the bill to:
●Include exclusive broadcast agreements that are renewed by KSHSAA;
●Provide that it would apply to both regular season activities and postseason activities;
●Replace the requirement that a local broadcaster would need to broadcast a majority
of a school’s activity during the regular season in order to broadcast the postseason
activity, to instead state that a local broadcaster would need to broadcast at least one-
third of a school’s activity during the regular season in order to broadcast the
postseason activity; and
●Make technical changes to ensure consistency in statutory phrasing and grammar.
[Note: The Conference Committee retained these amendments.]
House Committee on Education
In the House Committee hearing on March 13, 2023, proponent testimony was provided
by Representative Rahjes and representatives of the Kansas Association of Broadcasters,
KNZA Radio Group, and Open Space Sports, Inc. Written-only proponent testimony was
submitted by former Senator Hawk and a representative of the Kansas Press Association.
Representative Rahjes spoke to his role as program director for KBUF Radio and the
exclusive agreement that keeps community broadcasters, including student broadcasters, from
broadcasting and streaming certain matches or games during the season. The KNZA
representative also noted local broadcast companies lose revenue from local advertisers who
want to support and be part of these postseason games and state events.
Opponent testimony was provided by the KSHSAA Executive Director and a NFHS Board
member. The NFHS testimony addresses the current agreement, which has an end date of July
2028, along with an extension of up to five additional years if specific metrics are met. The
testimony indicated KSHSAA receives an annual guaranteed rights fee, guaranteed coverage of
all sports, activities, and levels of championship events, and an adherence to KSHSAA’s
mission and values in all broadcasts. Since the beginning of this agreement in 2018, the NFHS
network has broadcast 2,946 KSHSAA postseason events.
7 - 2138 Written-only opponent testimony submitted by a representative of Sports Radio 810 WHB,
which stated the bill could take away guaranteed coverage for student athletes in several sports
and could create legal issues with NFHS and other media in the future.
The House Committee amended the bill to modify a provision pertaining to broadcast
agreement stipulations on reasonable compensation for video broadcasts by providing that no
fee could be charged for such audio or video broadcasts. [Note: The Conference Committee
retained this amendment.]
Fiscal Information
Senate Sub. for HB 2138
SB 255 (Overnight Accommodations)
According to the fiscal note prepared by the Division of the Budget on SB 255, as
introduced, the State 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 State Department of Education indicates the provisions of the bill regarding the
review of a district resolution to permanently close a school building could require additional
administrative time to implement; however, any additional costs would be negligible.
SB 13 (Local Broadcasters)
According to the fiscal note prepared by the Division of the Budget on SB 13, as
introduced, enactment of the bill would have no fiscal effect on state government. The bill
potentially could change revenue sharing agreements between KSHSAA and broadcasters, but
a fiscal effect cannot be estimated.
Education; schools; State Board of Education; school sponsored travel; accommodations; school districts; disorganized school
district; school buildings; administrative review; KSHSAA; contracts; exclusive agreements; broadcasts; postseason activities
ccrb_hb2138_02_0000.odt
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