Kansas 2023 2023-2024 Regular Session

Kansas House Bill HB2494 Comm Sub / Analysis

                    SESSION OF 2024
SUPPLEMENTAL NOTE ON SUBSTITUTE HOUSE BILL 
NO. 2494
As Recommended by House Committee on 
Education
Brief*
Sub. HB 2494 would require school districts to adopt 
cardiac emergency response plans based on the statewide 
standards developed by the Secretary of Health and 
Environment (Secretary), require automated external 
defibrillators (AEDs) to be accessible in each school district 
building, and require annual cardiopulmonary resuscitation 
(CPR) and AED training for each coach, sponsor, assistant, 
or aide of any school activity, and any other school district 
personnel designated under the bill.
The bill would also establish the School Cardiac 
Emergency Response Grant Program (Program) and create 
the School Cardiac Emergency Response Grant Fund 
(Fund).
The bill would take effect on and after January 1, 2025.
Cardiac Emergency Response Plans (Sections 1, 2, and 
3)
Statewide Standards
The bill would require the Secretary to develop 
statewide standards for cardiac emergency response plans in 
accordance with nationally recognized guidelines.
____________________
*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 School District Cardiac Emergency Response Plans
The bill would require the board of education of each 
school district to adopt a comprehensive cardiac emergency 
response plan based on the statewide standards developed 
by the Secretary. Each board of education would be permitted 
to use any materials, documentation, video recordings, 
training modules, and certifications published by 
organizations focused on emergency cardiovascular care.
The cardiac emergency response plan would be 
required to include at least the following:
●Establishing a cardiac emergency response team;
●Identifying and implementing the placement of 
AEDs;
●Identifying roles and responsibilities of school 
district and emergency personnel in implementing 
the emergency response plan;
●Establishing procedures, such as the roles and 
responsibilities of school district personnel when 
responding to emergency cardiovascular incidents 
at school or at the site of any school-sponsored 
activity, that would include, but not be limited to:
○Responding to individuals experiencing a 
suspected sudden cardiac arrest;
○Summoning emergency medical services 
(EMS);
○Assisting EMS providers; and
○Documenting actions taken during such 
incident;
●Conducting routine maintenance and placement of 
AEDs accordance with statewide standards;
2- 2494 ●Rehearsing cardiac emergency response plans 
either prior to the beginning of each athletic season 
or prior to the beginning of each school year;
●Establishing communication systems with local 
EMS operating within the school district; and
●Developing a cardiac emergency response plan for 
school-sponsored events held at a location that is 
not on school district property.
In accordance with the cardiac emergency response 
plan, each school district would be required to maintain an 
AED in a public and readily accessible location in each school 
district building used for student attendance purposes. The 
location of each AED would be required to be marked by 
conspicuous signage.
Reviewing Cardiac Emergency Response Plans
Each board of education would be required to annually 
review the cardiac emergency response plan and adopt any 
changes to such plan as necessary. 
The bill would also require a school building 
administrator review the cardiac emergency response plan 
with all school personnel at each school operated by the 
school district prior to the first instructional day of each school 
year. The time and date of such review would be documented 
as part of the plan. After the last instructional day of each 
school year, the cardiac emergency response plan would be 
reviewed by all school building administrators, school nurses, 
and appropriate local law enforcement officers and EMS 
personnel.
Submitting Cardiac Emergency Response Plans
Each school district would be required to submit a copy 
of the adopted cardiac emergency response plan and, if 
3- 2494 changes are made to such plan, a copy of the amended plan 
to the Secretary. Additionally, each school district would be 
required to provide a copy of its cardiac emergency response 
plan to the appropriate local law enforcement agencies, EMS, 
and all school district personnel. 
Implementing Cardiac Emergency Response Plans
The bill would require each board of education to 
implement the adopted cardiac emergency response plan as 
the school district has sufficient unencumbered funds 
available to implement such plan. Should sufficient 
unencumbered funds not be available, the bill would permit a 
cardiac emergency response plan to be partially implemented 
as funds are available and deemed necessary by the district’s 
board of education.
CPR and AED Training (Section 2)
The bill would require the following personnel to receive 
annual training in CPR and AED administration:
●Coaches, including any head coach, assistant 
coach, or aide;
●Sponsors, including the head sponsor, assistant, or 
aide of any school activity; and
●School district personnel designated in the cardiac 
emergency response plan.
CPR and AED training would be annually reviewed and 
modified as necessary.
Further, the bill would require at least one individual with 
CPR and AED training to be in attendance at each school-
sponsored athletic practice or competition or other school-
sponsored activity that occurs in any school district building 
4- 2494 used for student attendance purposes with access to an AED 
and first aid supplies. 
Good Samaritan Protection (Section 2)
The bill provides that any person who in good faith 
renders emergency care or treatment or who provides 
training as required by the provisions of the bill would not be 
held liable for any damages.
The School Cardiac Emergency Response Grant 
Program (Section 4)
The bill would establish the Program to be administered 
by the Kansas Department of Health and Environment 
(KDHE). Each school district would be able to submit an 
application to the Secretary in such form and manner 
prescribed by the Secretary for an amount of grant moneys 
needed to implement such school district’s cardiac 
emergency response plan. Each grant application would be 
required to include the following:
●A copy of the current school district cardiac 
emergency response plan;
●All policies and procedures adopted for the 
implementation of such cardiac emergency 
response plan; and
●A description of the school improvements 
necessary for such implementation. 
The Secretary would review all submitted applications 
and approve or deny such applications based on whether the 
applicant school district demonstrated the necessity of the 
school improvements described in the application. If 
approved, the Secretary would also determine the amount of 
moneys to be disbursed to the applicant school district from 
the Fund. If denied, the Secretary would send written notice 
5- 2494 of such denial to the superintendent of the school district 
within 15 days of the denial.
The School Cardiac Emergency Response Grant Fund 
(Section 4)
The bill would establish, in the State Treasury, the Fund 
to be administered by KDHE. All expenditures from the Fund 
would be required to be used for the disbursement of grant 
moneys for school improvements related to cardiac 
emergency response plans.
The Fund would be subject to appropriation.
Background
The bill was introduced in the House Committee on 
Education at the request of Representative Thomas.
House Committee on Education
In the House Committee hearing, proponent testimony 
was provided by Senator Warren, representatives of the 
American Heart Association and Children’s Mercy, and four 
private citizens. Proponents emphasized the importance of 
having cardiac emergency response plans and AEDs 
available at schools and school-sponsored events.
Written-only proponent testimony was provided by the 
Kansas EMS Association.
Neutral testimony was provided by representatives of 
the Kansas Association of School Boards, Kansas National 
Education Association, Kansas State Board of Education, and 
United School Administrators of Kansas. The conferees 
generally stated concerns about the provisions related to safe 
and secure schools and requiring the Kansas State Board of 
6- 2494 Education to develop statewide standards for cardiac 
emergency response plans.
Written-only neutral testimony was provided by a 
representative of the Kansas State High School Activities 
Association.
No other testimony was provided.
The House Committee amended the bill to:
●Remove provisions pertaining to school safety and 
security plans and the School Safety and Security 
Grant Fund;
●Require the Secretary to develop statewide 
standards for cardiac emergency response plans 
and review each school district’s plan [Note: The 
bill as introduced would have required the State 
Board of Education to develop statewide 
standards.];
●Clarify requirements related to each school 
district’s development and implementation of 
cardiac emergency response plans; and
●Exempt from liability for any damages any person 
who in good faith renders emergency care or 
treatment or provides training in accordance with 
the provisions of the bill.
The House Committee recommended a substitute bill to 
incorporate the amendments.
Fiscal Information
According to the fiscal note prepared by the Division of 
the Budget on the bill, as introduced, the Kansas Department 
of Education (KSDE) indicates it has administered a similar 
7- 2494 program to the School Safety and Security Grant Program 
since FY 2019 with annual grants to school districts totaling 
$5.0 million. For FY 2025, the Governor recommends the 
program continue with a $5.0 million appropriation from the 
State General Fund (SGF). KSDE has 2.00 FTE positions for 
this existing grant program, with expenditures totaling 
approximately $170,000 from the SGF, for salaries and 
wages, including benefits, of these positions. KSDE would 
utilize these same sources of funding for the School Safety 
and Security Grant Program outlined in the bill.
For the School Cardiac Emergency Response Program, 
KSDE indicates that it does not currently have any staff with 
expertise in cardiac emergency response. As a result, the 
agency estimates it would require an additional 2.00 FTE 
positions and $170,000 from the State General Fund in FY 
2025. A similar cost estimate was provided by the agency for 
FY 2026. These staff members would coordinate with various 
state and local agencies for the creation and maintenance of 
cardiac emergency response plans that are required to be 
adopted by school districts. Costs for FY 2026 would be 
similar to those identified by KSDE in FY 2025. 
KDHE estimates that to administer its grant program and 
to provide quality technical assistance, FY 2025 
administrative expenses totaling $692,676 would be required, 
including 9.00 FTE positions. This estimate includes 1.00 
FTE Program Manager ($88,637, including fringe benefits), 
1.00 FTE Grant Manager ($69,493, including fringe benefits), 
and 7.00 FTE Regional Implementation Specialists ($46,996 
X 7.00 FTE = $328,972, including fringe benefits). The new 
program would require one-time expenditures of $19,500, 
including $5,500 for AED training devices and $14,000 for two 
medical manikins. The agency estimates that annual travel 
costs of $164,500 would be required for the program staff. 
Finally, annual information technology expenditures totaling 
$21,574 would be needed, including software, laptop leases, 
docking stations, and cell phones. 
8- 2494 In addition, KDHE estimates that $1,253,243 would be 
required annually for grants to school districts. The agency 
would propose a regional implementation over a multi-year 
period, with priority given to smaller districts in rural counties 
with limited access to emergency and hospital services. The 
cost per school would be dependent on school district size 
and any identified needs. The agency estimates that a 
minimum of $10,000 per school with approximately 50 to 100 
schools per year over a multi-year period would be the 
regional implementation approach used for the program. 
In total, the cost for FY 2025 for KDHE would be 
$1,945,919, including $692,676 for administrative costs and 
$1,253,243 for grant awards to school districts, all from the 
SGF. Of these total costs, $19,500 would be for one-time 
costs, including AED training devices and manikins. The 
Division of the Budget estimates similar costs for FY 2026, 
minus the one-time FY 2025 expenditure of $19,500 identified 
earlier.
A revised fiscal note on the substitute bill was not 
available at the time of House Committee action. Any fiscal 
effect associated with the bill is not reflected in The FY 2025 
Governor’s Budget Report.
Education; School Cardiac Emergency Response Grant Program; School Cardiac 
Emergency Response Grant Fund; Kansas Department of Health and Environment; 
Secretary of Health and Environment; school districts; board of education; AED; CPR
9- 2494