SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2143
As Amended by House Committee on Education
Brief*
HB 2143, as amended, would require school districts to
conduct an independent review related to any report alleging
bullying. The bill would prescribe the criteria for school
districts to initiate independent reviews by a neutral person.
Reports Alleging Bullying
Requests for Independent Review
The bill would provide that persons making a report
alleging bullying could request a school district conduct an
independent review if a person:
●Believes the designated school administrator
(administrator) did not correctly analyze the
complaint and failed to conduct an investigation
after the incident, because the administrator
believed the conduct did not constitute bullying;
●Is dissatisfied with the final determination of the
administrator following an investigation; or
●Believes that although a final determination was
made that bullying occurred, the school’s response
was inadequate to correct the problem.
The bill would further specify such requests must be
made in writing to the superintendent of the school district.
____________________
*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 Notification to the Board of Education
The bill would provide that, upon receipt of a request for
an independent review, the superintendent must promptly
notify the board of education (board). The board would be
permitted to conduct its own review or direct the initiation of
an independent review.
Initiation of review by neutral person. The bill would
require, upon either the direction by the board after
completion of the board’s review, or by the original requester
renewing their request for an independent review:
●The superintendent to promptly initiate an
independent review by a neutral person with the
administrator who received the initial report; and
●Any other staff to cooperate with the independent
review in order to allow the review to proceed
expeditiously.
The bill would require the independent review to consist
of an interview of the person making the initial report and any
relevant staff and a review of the written materials from the
administrator’s investigation.
[Note: Under continuing law, “bullying” means:
●Any intentional gesture or any intentional written,
verbal, electronic, or physical act or threat either by
any student, staff member, or parent towards any
student or by any student, staff member, or parent
towards a staff member that is sufficiently severe,
persistent, or pervasive that such gesture, act or
threat creates an intimidating, threatening, or
abusive educational environment that a reasonable
person, under the circumstances, knows or should
know will have the effect of:
2- 2143 ○Harming a student or staff member, whether
physically or mentally;
○Damaging a student’s or staff member’s
property;
○Placing a student or staff member in
reasonable fear of harm to the student or staff
members; or
○Placing a student or staff member in
reasonable fear of damage to the student’s or
staff member’s property;
●Cyberbullying; or
●Any other form of intimidation or harassment
prohibited by the board of education of the school
district in polices concerning bullying.]
Background
The bill was introduced by the House Committee on
Education at the request of Representative Thomas. As
introduced, the bill would have amended current law
pertaining to bullying and required the adoption of policy that
incorporated, at minimum, the model policy developed by the
State Board of Education and specified requirements in the
bill.
House Committee on Education
In the House Committee hearing, proponent testimony
was provided by the President of Educational Management
Consultants, LLC. The conferee highlighted the case of a
student who was subjected to repeated bullying and stated
that district-wide policies are ineffective. The conferee noted
the bill would provide accountability by requiring school
personnel to report bullying and for the school principal to
then investigate and parents to be notified. The goal would be
3- 2143 to stop the bullying and provide protections for students and
school personnel.
Neutral testimony was provided by a business
representative for USD 259 school employees and
representatives of the Kansas Association of School Boards
and the United School Administrators of Kansas (USA-
Kansas). The USA-Kansas representative noted existing
policies and procedures have been established by the State
Board to address bullying and suggested if changes were
needed, that group should make them. The conferees
supported bullying prevention, but also expressed concerns
with the bill, as introduced, including conflicts with other state
and federal laws and implementation of the bill’s
requirements.
Opponent testimony was provided by representatives of
the Kansas National Education Association and the State
Board of Education. Written-only opponent testimony was
submitted by the American Federation of Teachers-Kansas.
The State Board representatives noted the work of a task
force that examined the issues of bullying and made
recommendations to the State Board. The opponents
indicated some of the bill’s provisions are not in line with the
task force recommendations and are overly prescriptive to
local school boards, rather than general in nature.
The House Committee amended the bill to remove
language relating to adoption of bullying policy and
procedures, including the adoption of model policy. The
Committee retained language pertaining to independent
reviews by school districts of bullying allegations and further
modified those provisions to add school district boards of
education to the review process and permit those boards to
either review initially or direct the matter to independent
review. The Committee amendment would also restore
statutory provisions relating to the establishment of bullying
policies and plans. [Note: The independent review provisions
of the bill would become part of the policies and procedures
adopted by school boards of education.]
4- 2143 Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Kansas State
Department of Education indicates enactment of the bill
would require additional administrative and training costs for
both the Department and school districts. However, any
additional costs would be negligible beyond normal operating
costs.
Education; schools; school boards; bullying allegations; reporting; independent
review
5- 2143