KS
Kansas Senate Bill SB134

Kansas 2025-2026 Regular Session

Kansas Senate Bill SB134 Compare Versions

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11 Session of 2025
22 SENATE BILL No. 134
33 By Committee on Education
44 1-30
55 AN ACT concerning education; relating to employment files of teachers
66 employed by a school district; authorizing school districts to request
77 and receive an applicant teacher's employment files from another
88 school district if such teacher was previously employed by such other
99 school district; establishing which school district is responsible for and
1010 the custodian of teacher employment files under the Kansas open
1111 records act; amending K.S.A. 2024 Supp. 45-220 and repealing the
1212 existing section.
1313 Be it enacted by the Legislature of the State of Kansas:
1414 New Section 1. (a) (1) A hiring school district shall require each
1515 teacher who applies for a teaching position in such school district and is or
1616 has been employed as a teacher by another school district to execute a
1717 written waiver that:
1818 (A) Explicitly authorizes each school district to disclose the applicant
1919 teacher's files to the hiring school district if such school district has:
2020 (i) Employed the applicant teacher as a teacher;
2121 (ii) received an application from the applicant for a position as a
2222 teacher; or
2323 (iii) conducted an employment background investigation on the
2424 applicant teacher; and
2525 (B) releases the hiring school district from any liability related to the
2626 use and disclosure of the applicant teacher's files in accordance with
2727 subparagraph (A).
2828 (2) An applicant teacher who refuses to execute the written waiver
2929 shall not be considered for employment by the hiring school district.
3030 (3) When submitting a request for an applicant teacher's files to
3131 another school district, the hiring school district shall include the signed,
3232 written waiver with each such request.
3333 (b) Except as provided in subsection (c), a school district that receives
3434 a request for an applicant teacher's files that includes the written waiver
3535 required in subsection (a) shall disclose such applicant teacher's files to the
3636 hiring school district not more than 21 days after receipt of such request.
3737 Such school district may disclose the applicant teacher's files by either:
3838 (1) Providing paper or electronic copies to the hiring school district;
3939 or
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7676 (2) allowing the hiring school district representatives to review the
7777 files at the school district's office.
7878 (c) (1) A school district shall not disclose an applicant teacher's files
7979 pursuant to subsection (b) if such school district is prohibited from
8080 providing the applicant teacher's files pursuant to a binding nondisclosure
8181 agreement to which such school district is a party, and such agreement was
8282 executed before July 1, 2025.
8383 (2) A school district shall disclose the applicant teacher's files
8484 pursuant to subsection (b) if such files are subject to a binding
8585 nondisclosure agreement to which such school district is a party, and such
8686 agreement was executed on or after July 1, 2025, except that the disclosure
8787 shall be limited to the files necessary to determine the qualifications and
8888 fitness of the applicant teacher in the performance of such applicant
8989 teacher's duties as a teacher.
9090 (3) A school district may redact personally identifiable information of
9191 individuals other than the applicant teacher in the files disclosed to the
9292 hiring school district.
9393 (d) A school district shall be immune from civil suits relating to
9494 disclosure or lack thereof if the school district acted in good faith in
9595 complying with this section or participated in an official oral interview
9696 with a hiring school district representative regarding the applicant teacher.
9797 (e) (1) Except as provided in this subsection or as necessary for a
9898 school district's internal hiring process, files obtained pursuant to this
9999 section shall not be disclosed by a hiring school district.
100100 (2) Files obtained pursuant to this section shall constitute, for the
101101 purposes of the Kansas open records act, K.S.A. 45-215 et seq., and
102102 amendments thereto, a record of the school district that made, maintained
103103 or kept such files. Such files shall not be subject to request for inspection
104104 and copying under the Kansas open records act directed toward the hiring
105105 school district obtaining the files. The official custodian of such files, for
106106 the purposes of the Kansas open records act, shall be the official custodian
107107 of the records of such school district.
108108 (3) Except in a civil action involving negligent hiring, the files shall
109109 not be subject to discovery, subpoena or other process directed toward the
110110 hiring school district that obtained such files.
111111 (f) As used in this section:
112112 (1) (A) "Files" means:
113113 (i) All performance reviews or other files related to job performance,
114114 commendations, administrative files, grievances, previous personnel
115115 applications, personnel-related claims, disciplinary actions, internal
116116 investigation files, suspensions, investigation-related leave, documents
117117 concerning termination or other departure from employment and all
118118 complaints; and
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162162 (ii) regardless of whether the applicant teacher was ultimately hired,
163163 the employment application, background investigations, evaluations or
164164 reports connected to the application process.
165165 (B) "Files" does not include documents or data that are not related to
166166 job performance, including, but not limited to, medical files, psychological
167167 examination reports not directly related to the applicant's suitability for
168168 employment or certification as a teacher, schedules, pay and benefit
169169 information or similar administrative data or information.
170170 (2) "Hiring school district" means a school district processing an
171171 application for employment as a teacher in such school district, regardless
172172 of whether the applicant is ultimately hired.
173173 (3) "School district" means a school district organized and operating
174174 under the laws of this state.
175175 Sec. 2. K.S.A. 2024 Supp. 45-220 is hereby amended to read as
176176 follows: 45-220. (a) Each public agency shall adopt procedures to be
177177 followed in requesting access to and obtaining copies of public records,
178178 which procedures shall provide full access to public records, protect public
179179 records from damage and disorganization, prevent excessive disruption of
180180 the agency's essential functions, provide assistance and information upon
181181 request and ensure efficient and timely action in response to applications
182182 for inspection of public records.
183183 (b) A public agency may require a written request for inspection of
184184 public records but shall not otherwise require a request to be made in any
185185 particular form. Except as otherwise provided by subsection (c), a public
186186 agency shall not require that a request contain more information than the
187187 requester's name and address and the information necessary to ascertain
188188 the records to which the requester desires access and the requester's right
189189 of access to the records. A public agency may require proof of identity of
190190 any person requesting access to a public record. No request shall be
191191 returned, delayed or denied because of any technicality unless it is
192192 impossible to determine the records to which the requester desires access.
193193 (c) If access to public records of an agency or the purpose for which
194194 the records may be used is limited pursuant to K.S.A. 45-221 or 45-230,
195195 and amendments thereto, the agency may require a person requesting the
196196 records or information therein to provide written certification that:
197197 (1) The requester has a right of access to the records and the basis of
198198 that right; or
199199 (2) the requester does not intend to, and will not:
200200 (A) Use any list of names or addresses contained in or derived from
201201 the records or information for the purpose of selling or offering for sale
202202 any property or service to any person listed or to any person who resides at
203203 any address listed; or
204204 (B) sell, give or otherwise make available to any person any list of
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248248 names or addresses contained in or derived from the records or
249249 information for the purpose of allowing that person to sell or offer for sale
250250 any property or service to any person listed or to any person who resides at
251251 any address listed.
252252 (d) A public agency shall establish, for business days when it does not
253253 maintain regular office hours, reasonable hours when persons may inspect
254254 and obtain copies of the agency's records. The public agency may require
255255 that any person desiring to inspect or obtain copies of the agency's records
256256 during such hours so notify the agency, but such notice shall not be
257257 required to be in writing and shall not be required to be given more than 24
258258 hours prior to the hours established for inspection and obtaining copies.
259259 (e) Each official custodian of public records shall designate such
260260 persons as necessary to carry out the duties of custodian under this act and
261261 shall ensure that a custodian is available during regular business hours of
262262 the public agency to carry out such duties.
263263 (f) Each public agency shall provide, upon request of any person, the
264264 following information:
265265 (1) The principal office of the agency, its regular office hours and any
266266 additional hours established by the agency pursuant to subsection (c).
267267 (2) The title and address of the official custodian of the agency's
268268 records and of any other custodian who is ordinarily available to act on
269269 requests made at the location where the information is displayed.
270270 (3) The fees, if any, charged for access to or copies of the agency's
271271 records.
272272 (4) The procedures to be followed in requesting access to and
273273 obtaining copies of the agency's records, including procedures for giving
274274 notice of a desire to inspect or obtain copies of records during hours
275275 established by the agency pursuant to subsection (c).
276276 (g) (1) Except for requests of summary data compiled from
277277 information submitted by multiple criminal justice agencies or as
278278 otherwise provided by law, requests for records submitted to the central
279279 repository or any other repositories supporting the criminal justice
280280 information system that are maintained by the Kansas bureau of
281281 investigation pursuant to K.S.A. 22-4704 and 22-4705, and amendments
282282 thereto, shall be directed to the criminal justice agency from which the
283283 records originated.
284284 (2) As used in this subsection, the terms "central repository,"
285285 "criminal justice agency" and "criminal justice information system" have
286286 the same meanings as defined in K.S.A. 22-4701, and amendments thereto.
287287 (h) Except for requests of summary data compiled from information
288288 submitted by multiple law enforcement agencies or as otherwise provided
289289 by law, requests for records submitted to the Kansas asset seizure and
290290 forfeiture repository that are maintained by the Kansas bureau of
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334334 investigation pursuant to K.S.A. 2024 Supp. 60-4127, and amendments
335335 thereto, shall be directed to the law enforcement agency from which the
336336 records originated.
337337 (i) Requests for records defined as "files" pursuant to K.S.A. 75-
338338 4379, and amendments thereto, submitted to a state or local law
339339 enforcement agency or governmental agency shall be directed to the state
340340 or local law enforcement agency or governmental agency that made,
341341 maintained or kept such files, as required by K.S.A. 75-4379, and
342342 amendments thereto.
343343 (j) Requests for records that contain captured license plate data or that
344344 pertain to the location of an automated license plate recognition system
345345 submitted to a state or local law enforcement agency or governmental
346346 agency shall be directed to the state or local law enforcement agency or
347347 governmental agency that owns, leases or contracts for the automated
348348 license plate recognition system.
349349 (k) Requests for records defined as "files" pursuant to section 1, and
350350 amendments thereto, submitted to a school district shall be directed to the
351351 school district that made, maintained or kept such files, as required by
352352 section 1, and amendments thereto.
353353 Sec. 3. K.S.A. 2024 Supp. 45-220 is hereby repealed.
354354 Sec. 4. This act shall take effect and be in force from and after its
355355 publication in the statute book.
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