KS
Kansas Senate Bill SB246

Kansas 2025-2026 Regular Session

Kansas Senate Bill SB246 Compare Versions

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11 Session of 2025
22 SENATE BILL No. 246
33 By Committee on Judiciary
44 2-7
55 AN ACT concerning criminal history record information; relating to state
66 and national criminal history record checks; requiring the state board of
77 education to conduct state and national criminal history record checks
88 on all school employees; creating the criminal history record check
99 reimbursement fund for certain state and criminal history record checks
1010 conducted by the Kansas department for aging and disability services;
1111 amending K.S.A. 72-2165 and 72-4223 and K.S.A. 2024 Supp. 22-
1212 4714 and repealing the existing sections.
1313 Be it enacted by the Legislature of the State of Kansas:
1414 New Section 1. (a) (1) The state board of education shall require
1515 every applicant to be fingerprinted and submit to a state and national
1616 criminal history record check in accordance with K.S.A. 2024 Supp. 22-
1717 4714, and amendments thereto.
1818 (2) Each applicant shall pay a fee for the criminal history record
1919 check required by subsection (a) in an amount necessary to reimburse the
2020 state board of education for the cost of such criminal history record check.
2121 If an applicant is employed by a school district, such school district may
2222 pay the fee on behalf of such applicant.
2323 (3) Any applicant who does not comply with the provisions of this
2424 section shall not be issued a license or certificate by the state board of
2525 education.
2626 (4) The state board of education may adopt rules and regulations to
2727 implement and enforce the provisions of this subsection.
2828 (b) (1) Any person not subject to the provisions of subsection (a), and
2929 amendments thereto, who is an employee of a school district shall be
3030 fingerprinted and submit to a state and national criminal history record
3131 check in accordance with K.S.A. 2024 Supp. 22-4714, and amendments
3232 thereto, prior to commencing any work involving students.
3333 (2) The criminal history record checks required by subsection (a)
3434 shall be conducted in the following manner:
3535 (A) For employees hired before July 1, 2025, every five years from
3636 and after July 1, 2025; and
3737 (B) for employees hired on and after July 1, 2025, every five years
3838 from the first day of such employee's employment.
3939 (3) The school district may pay for the cost of the criminal history
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7676 record check or may require each employee subject to the provisions of
7777 this section to pay a fee in an amount necessary to reimburse the school
7878 district for the cost of the criminal history record check.
7979 (c) (1) Each employee subject to the provisions of this section who
8080 has been convicted of any offense or act specified in K.S.A. 72-2165(a) or
8181 (b), and amendments thereto, or who has entered into a criminal diversion
8282 agreement after having been charged with any offense or act specified in
8383 K.S.A. 72-2165(b), and amendments thereto, shall file a report with the
8484 school district indicating the name, address and social security number of
8585 such employee. Such report shall be filed within 30 days of the date of
8686 such conviction or the date such person entered into any such diversion
8787 agreement.
8888 (2) Failure to file a report as required by this subsection is a class B
8989 nonperson misdemeanor.
9090 (d) As used in this section:
9191 (1) "Applicant" means a person making an initial application for a
9292 Kansas teaching certificate or teaching license, an application for a
9393 renewal of such certificate or license or an application for renewal of an
9494 expired certificate or license; and
9595 (2) "employee" means a person who is employed by a school district
9696 in a position with direct contact with students. "Employee" does not
9797 include a person making an initial application for a Kansas teaching
9898 certificate or teaching license, an application for a renewal of such
9999 certificate or license or an application for renewal of an expired certificate
100100 or license.
101101 New Sec. 2. (a) There is hereby created in the state treasury the
102102 criminal history record check reimbursement fund. The fund shall be
103103 administered by the Kansas department for aging and disability services.
104104 All expenditures from the criminal history record check reimbursement
105105 fund shall be to reimburse the Kansas department for aging and disability
106106 services for criminal history record checks conducted pursuant to K.S.A.
107107 39-970, 39-2009 and 65-5117, and amendments thereto. All expenditures
108108 from the criminal history record check reimbursement fund shall be made
109109 in accordance with appropriation acts upon warrants of the director of
110110 accounts and reports issued pursuant to vouchers approved by the
111111 secretary for aging and disability services, or the secretary's designee.
112112 (b) On July 1, 2025, and each July 1 thereafter, the secretary for aging
113113 and disability services, in consultation with the director of the budget, shall
114114 determine and certify to the director of accounts and reports the total
115115 amount paid by the department for aging and disability services for
116116 criminal history record checks conducted pursuant to K.S.A. 39-970, 39-
117117 2009 and 65-5117, and amendments thereto, minus the amount received
118118 from fees charged and collected for such criminal history record checks.
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162162 Upon receipt of each such certification, or as soon thereafter as moneys are
163163 available, the director of accounts and reports shall transfer such certified
164164 amount from the state general fund to the criminal history record check
165165 fund. When the secretary for aging and disability services transmits such
166166 certification to the director of accounts and reports, the secretary shall
167167 transmit a copy to the director of legislative research.
168168 Sec. 3. K.S.A. 2024 Supp. 22-4714 is hereby amended to read as
169169 follows: 22-4714. (a) A governmental agency other than a criminal justice
170170 agency as defined in K.S.A. 22-4701, and amendments thereto, identified
171171 in subsection (b) may require a person to be fingerprinted and shall submit
172172 such fingerprints to the Kansas bureau of investigation and the federal
173173 bureau of investigation for a search of the state and federal database.
174174 Fingerprints provided pursuant to this section may be used to identify a
175175 person and to determine whether such person has a record of criminal
176176 history in this state or in another jurisdiction. An agency identified in
177177 subsection (b) may use the information obtained from the criminal history
178178 record check for the purposes of verifying the identification of a person
179179 and in the official determination of the qualifications and fitness of such
180180 person to be issued or maintain employment, licensure, registration,
181181 certification or a permit, act as an agent of a licensee, hold ownership of a
182182 licensee or serve as a director or officer of a licensee.
183183 (b) (1) The Kansas bureau of investigation shall release criminal
184184 history record information related to adult convictions, adult non-
185185 convictions, adult diversions, adult expunged records, juvenile
186186 adjudications, juvenile non-adjudications, juvenile diversions and juvenile
187187 expunged records to the Kansas department for children and families or
188188 the Kansas department for aging and disability services for initial or
189189 continuing employment or participation in any program administered for
190190 the placement, safety, protection or treatment of vulnerable children or
191191 adults as described in K.S.A. 75-53,105, and amendments thereto.
192192 (2) The Kansas bureau of investigation shall release criminal history
193193 record information related to adult convictions, adult non-convictions,
194194 adult diversions, adult expunged records and juvenile expunged records to:
195195 (A) The state lottery for candidates for employees as defined in
196196 K.S.A. 74-8702, and amendments thereto, in connection with such
197197 employment as described in K.S.A. 74-8704, and amendments thereto; and
198198 (B) the Kansas racing and gaming commission for candidates for
199199 employees or licensees as defined in K.S.A. 74-8802, and amendments
200200 thereto, in connection with such employment or license as described in
201201 K.S.A. 74-8804, and amendments thereto, including an applicant for a
202202 simulcasting license.
203203 (3) The Kansas bureau of investigation shall release criminal history
204204 record information related to adult convictions, adult non-convictions,
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248248 adult diversions, adult expunged records, juvenile adjudications, juvenile
249249 non-adjudications and juvenile diversions to:
250250 (A) The emergency medical services board for applicants as defined
251251 in K.S.A. 65-6129, and amendments thereto, in connection with such
252252 application as described in K.S.A. 65-6129, and amendments thereto;
253253 (B) the attorney general for applicants as defined in K.S.A 75-7c01,
254254 and amendments thereto, in connection with such application as described
255255 in K.S.A. 75-7c05, and amendments thereto; and
256256 (C) the department of administration for candidates for sensitive
257257 employees as defined in K.S.A. 75-3707e, and amendments thereto, in
258258 connection with such employment as described in K.S.A. 75-3707e, and
259259 amendments thereto.
260260 (4) The Kansas bureau of investigation shall release criminal history
261261 record information related to adult convictions, adult non-convictions,
262262 adult diversions and adult expunged records to:
263263 (A) The supreme court and state board of law examiners for
264264 applicants as defined in K.S.A. 7-127, and amendments thereto, in
265265 connection with such application as described in K.S.A. 7-127, and
266266 amendments thereto;
267267 (B) the state gaming agency for candidates for employees and
268268 licensees as defined in K.S.A. 74-9802, and amendments thereto, in
269269 connection with such employment or license as described in K.S.A. 74-
270270 9805, and amendments thereto;
271271 (C) the attorney general for applicants as defined in K.S.A. 75-7b01,
272272 and amendments thereto, in connection with such application as described
273273 in K.S.A. 75-7b04, and amendments thereto;
274274 (D) the attorney general for applicants as defined in K.S.A. 75-7b01,
275275 and amendments thereto, in connection with such application for
276276 certification as described in K.S.A. 75-7b21, and amendments thereto; and
277277 (E) the commission on peace officers' standards and training for
278278 applicants for certification under the Kansas law enforcement training act
279279 as described in K.S.A. 74-5607, and amendments thereto;
280280 (F) the state board of education for applicants as defined in section
281281 1, and amendments thereto, in connection with such application as
282282 described in section 1, and amendments thereto;
283283 (G) school districts for employees as defined in section 1, and
284284 amendments thereto, in connection with such employment with a school
285285 district as described in section 1, and amendments thereto; and
286286 (H) public innovative districts for employees as defined in K.S.A. 72-
287287 4223, and amendments thereto, in connection with such employment with
288288 a public innovative district as described in K.S.A. 72-4223, and
289289 amendments thereto.
290290 (5) The Kansas bureau of investigation shall release criminal history
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334334 record information related to adult convictions, adult non-convictions,
335335 adult diversions and juvenile adjudications to:
336336 (A) The athletic commission within the Kansas department of
337337 commerce for a candidate for boxing commission as defined in K.S.A. 74-
338338 50,182, and amendments thereto, in connection with such appointment as
339339 described in K.S.A. 74-50,184, and amendments thereto; and
340340 (B) the secretary of health and environment for employees at a child
341341 care facility as defined in K.S.A. 65-503, and amendments thereto, in
342342 connection with such employment as described in K.S.A. 65-516, and
343343 amendments thereto.
344344 (6) The Kansas bureau of investigation shall release criminal history
345345 record information related to adult convictions and juvenile adjudications
346346 to:
347347 (A) The secretary for aging and disability services for applicants as
348348 defined in K.S.A. 39-970, and amendments thereto, in connection with
349349 such application as described in K.S.A. 39-970, and amendments thereto;
350350 (B) the Kansas department for aging and disability services for
351351 applicants as defined in K.S.A. 39-2009, and amendments thereto, in
352352 connection with such application as described in K.S.A. 39-2009, and
353353 amendments thereto; and
354354 (C) the secretary for aging and disability services for applicants as
355355 defined in K.S.A. 65-5117, and amendments thereto, in connection with
356356 such application as described in K.S.A. 65-5117, and amendments thereto.
357357 (7) The Kansas bureau of investigation shall release criminal history
358358 record information related to adult convictions and adult non-convictions
359359 to:
360360 (A) The division of motor vehicles within the department of revenue
361361 for applicants for reinstatement of a license to drive a commercial motor
362362 vehicle as described in K.S.A. 8-2,142, and amendments thereto;
363363 (B) the board of examiners in optometry for applicants or licensees as
364364 defined in K.S.A. 65-1501, and amendments thereto, in connection with
365365 such application or an investigation as described in K.S.A. 65-1505, and
366366 amendments thereto;
367367 (C) the board of pharmacy for fingerprint candidates as defined in
368368 K.S.A. 65-1626, and amendments thereto, in connection with such
369369 application or license as described in K.S.A. 65-1696, and amendments
370370 thereto;
371371 (D) the state board of healing arts for applicants or licensees as
372372 defined in K.S.A. 65-2802, and amendments thereto, in connection with
373373 such application or an investigation as described in K.S.A. 65-28,129, and
374374 amendments thereto;
375375 (E) the state board of healing arts for applicants or licensees as
376376 defined in K.S.A. 65-2901, and amendments thereto, in connection with
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420420 such application or an investigation as described in K.S.A. 65-2924, and
421421 amendments thereto;
422422 (F) the board of nursing for applicants as defined in K.S.A. 74-1112,
423423 and amendments thereto, in connection with such application as described
424424 in K.S.A. 74-1112, and amendments thereto;
425425 (G) the behavioral sciences regulatory board for licensees as defined
426426 in K.S.A. 74-7511, and amendments thereto, in connection with such
427427 application or license as described in K.S.A. 74-7511, and amendments
428428 thereto;
429429 (H) the state lottery for a vendor to whom a major procurement
430430 contract is to be awarded in connection with an investigation as described
431431 in K.S.A. 74-8705, and amendments thereto;
432432 (I) the attorney general for appointees of the governor to positions
433433 subject to confirmation by the senate and judicial appointees as described
434434 in K.S.A. 75-712, and amendments thereto;
435435 (J) appointing authorities as defined in K.S.A. 75-4315d, and
436436 amendments thereto, for nongubernatorial appointees as described in
437437 K.S.A. 75-4315d, and amendments thereto;
438438 (K) the Kansas real estate commission for applicants as defined in
439439 K.S.A. 58-3035, and amendments thereto, or for licensees as defined in
440440 K.S.A. 58-3035, and amendments thereto, in connection with an
441441 investigation as described in K.S.A. 58-3039, and amendments thereto;
442442 (L) the insurance commissioner for applicants for licensure as an
443443 insurance agent as defined in K.S.A. 40-4902, and amendments thereto, in
444444 connection with such application as described in K.S.A. 40-4905, and
445445 amendments thereto; and
446446 (M) the insurance commissioner for applicants as defined in K.S.A.
447447 40-5501, and amendments thereto, in connection with such application as
448448 described in K.S.A. 40-5505, and amendments thereto.
449449 (8) The Kansas bureau of investigation shall release criminal history
450450 record information related to adult convictions to:
451451 (A) The department of agriculture for hemp employees as defined in
452452 K.S.A. 2-3901, and amendments thereto, in connection with such
453453 employment as described in K.S.A. 2-3902, and amendments thereto;
454454 (B) the department of agriculture for applicants for licensure as a
455455 hemp producer as defined in K.S.A. 2-3901, and amendments thereto, in
456456 connection with such application as described in K.S.A. 2-3906, and
457457 amendments thereto;
458458 (C) the office of state fire marshal for applicants for registration as a
459459 hemp processor as defined in K.S.A. 2-3901, and amendments thereto, in
460460 connection with such application as described in K.S.A. 2-3907, and
461461 amendments thereto;
462462 (D) the department of agriculture for hemp destruction employees as
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506506 defined in K.S.A. 2-3901, and amendments thereto, in connection with
507507 such employment as described in K.S.A. 2-3911, and amendments thereto;
508508 (E) the bank commissioner for any applicant as defined in K.S.A. 9-
509509 508, and amendments thereto, in connection with such application as
510510 described in K.S.A. 9-509, and amendments thereto;
511511 (F) the bank commissioner for an applicant for employment as a new
512512 executive officer or director with a money transmitter company as
513513 described in K.S.A. 9-513e, and amendments thereto;
514514 (G) the bank commissioner for any applicant as defined in K.S.A. 9-
515515 1719, and amendments thereto, in connection with such application as
516516 described in K.S.A. 9-1722, and amendments thereto;
517517 (H) the bank commissioner for an applicant, registrant or licensee as
518518 defined in K.S.A. 9-2201, and amendments thereto, in connection with
519519 such application, registration or license as described in K.S.A. 9-2209, and
520520 amendments thereto;
521521 (I) the state banking board for any officer, director or organizer of a
522522 proposed fiduciary financial institution as defined in K.S.A. 9-2301, and
523523 amendments thereto, in connection with such role as described in K.S.A.
524524 9-2302, and amendments thereto;
525525 (J) municipalities for applicants for merchant or security police as
526526 described in K.S.A. 12-1679, and amendments thereto;
527527 (K) the bank commissioner for applicants as defined in K.S.A. 16a-6-
528528 104, and amendments thereto, in connection with such application as
529529 described in K.S.A. 16a-6-104, and amendments thereto;
530530 (L) the state department of credit unions for every candidate as
531531 defined in K.S.A. 17-2234, and amendments thereto, in connection with
532532 such employment as described in K.S.A. 17-2234, and amendments
533533 thereto;
534534 (M) the division of alcoholic beverage control within the department
535535 of revenue for applicants as defined in K.S.A. 41-102, and amendments
536536 thereto, in connection with such application as described in K.S.A. 41-
537537 311b, and amendments thereto;
538538 (N) the division of post audit for employees as defined in K.S.A. 46-
539539 1103, and amendments thereto, in connection with such employment as
540540 described in K.S.A. 46-1103, and amendments thereto;
541541 (O) the bank commissioner for licensees as defined in K.S.A. 50-
542542 1126, and amendments thereto, in connection with such license as
543543 described in K.S.A. 50-1128, and amendments thereto;
544544 (P) the real estate appraisal board for licensees as defined in K.S.A.
545545 58-4102, and amendments thereto, in connection with an application or
546546 investigation as described in K.S.A. 58-4127, and amendments thereto;
547547 (Q) the real estate appraisal board for applicants as defined in K.S.A.
548548 58-4703, and amendments thereto, in connection with such application as
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592592 described in K.S.A. 58-4709, and amendments thereto;
593593 (R) the department of health and environment for an employee as
594594 defined in K.S.A. 65-2401, and amendments thereto, in connection with
595595 such employment as described in K.S.A. 65-2402, and amendments
596596 thereto;
597597 (S) the Kansas commission on veterans affairs office of veterans
598598 services for candidates as defined in K.S.A. 73-1210a, and amendments
599599 thereto, in connection with an application as described in K.S.A. 73-1210a,
600600 and amendments thereto;
601601 (T) a senate standing committee for a member named, appointed or
602602 elected to the public employee retirement systems board of trustee
603603 membership as described in K.S.A. 74-4905, and amendments thereto;
604604 (U) the attorney general for applicants as defined in K.S.A. 75-7e01,
605605 and amendments thereto, in connection with such application as described
606606 in K.S.A. 75-7e03, and amendments thereto;
607607 (V) the department of revenue for employees as defined in K.S.A. 75-
608608 5133c, and amendments thereto, in connection with such employment as
609609 described in K.S.A. 75-5133c, and amendments thereto;
610610 (W) the divison division of motor vehicles within the department of
611611 revenue for employees as defined in K.S.A. 75-5156, and amendments
612612 thereto, in connection with such employment as described in K.S.A. 75-
613613 5156, and amendments thereto;
614614 (X) the Kansas commission for the deaf and hard of hearing for
615615 applicants as defined in K.S.A. 75-5397f, and amendments thereto, in
616616 connection with such application as described in K.S.A. 75-5393a, and
617617 amendments thereto;
618618 (Y) the Kansas commission for the deaf and hard of hearing for
619619 employees as defined in K.S.A. 75-5397f, and amendments thereto, in
620620 connection with such employment as described in K.S.A. 75-5393c, and
621621 amendments thereto;
622622 (Z) the department of health and environment for employees as
623623 defined in K.S.A. 75-5609a, and amendments thereto, in connection with
624624 such employment as described in K.S.A. 75-5609a, and amendments
625625 thereto; and
626626 (AA) an executive branch agency head for employees as defined in
627627 K.S.A. 75-7241, and amendments thereto, in connection with such
628628 employment as described in K.S.A. 75-7241, and amendments thereto.
629629 (c) State and local law enforcement agencies shall assist with taking
630630 fingerprints of individuals as authorized by this section.
631631 (d) Any board, commission, committee or other public body shall
632632 recess into a closed executive session pursuant to K.S.A. 75-4319, and
633633 amendments thereto, to receive and discuss criminal history record
634634 information obtained pursuant to this section.
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678678 (e) The Kansas bureau of investigation may charge a reasonable fee
679679 for conducting a criminal history record check.
680680 (f) (1) Fingerprints and criminal history record information received
681681 pursuant to this section shall be confidential and shall not be subject to the
682682 provisions of the Kansas open records act, K.S.A. 45-215 et seq., and
683683 amendments thereto. The provisions of this paragraph shall expire on July
684684 1, 2029, unless the legislature reviews and reenacts this provision pursuant
685685 to K.S.A. 45-229, and amendments thereto, prior to July 1, 2029. 
686686 (2) Disclosure or use of any information received pursuant to this
687687 section for any purpose other than the purpose described in this section
688688 shall be a class A nonperson misdemeanor and shall constitute grounds for
689689 removal from office.
690690 Sec. 4. K.S.A. 72-2165 is hereby amended to read as follows: 72-
691691 2165. (a) The state board of education shall not knowingly issue a license
692692 to or renew the license of any person who has been convicted of any of the
693693 following, and shall revoke the license of any such person that has been
694694 issued or renewed:
695695 (1) Rape, as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A.
696696 21-5503, and amendments thereto;
697697 (2) indecent liberties with a child, as defined in K.S.A. 21-3503, prior
698698 to its repeal, or K.S.A. 21-5506(a), and amendments thereto;
699699 (3) aggravated indecent liberties with a child, as defined in K.S.A.
700700 21-3504, prior to its repeal, or K.S.A. 21-5506(b), and amendments
701701 thereto;
702702 (4) criminal sodomy, as defined in K.S.A. 21-3505(a)(2) or (a)(3),
703703 prior to its repeal, or K.S.A. 21-5504(a)(3) or (a)(4), and amendments
704704 thereto;
705705 (5) aggravated criminal sodomy, as defined in K.S.A. 21-3506, prior
706706 to its repeal, or K.S.A. 21-5504(b), and amendments thereto;
707707 (6) indecent solicitation of a child, as defined in K.S.A. 21-3510,
708708 prior to its repeal, or K.S.A. 21-5508(a), and amendments thereto;
709709 (7) aggravated indecent solicitation of a child, as defined in K.S.A.
710710 21-3511, prior to its repeal, or K.S.A. 21-5508(b), and amendments
711711 thereto;
712712 (8) sexual exploitation of a child, as defined in K.S.A. 21-3516, prior
713713 to its repeal, or K.S.A. 21-5510, and amendments thereto;
714714 (9) aggravated incest, as defined in K.S.A. 21-3603, prior to its
715715 repeal, or K.S.A. 21-5604(b), and amendments thereto;
716716 (10) aggravated endangering a child, as defined in K.S.A. 21-3608a,
717717 prior to its repeal, or K.S.A. 21-5601(b), and amendments thereto;
718718 (11) abuse of a child, as defined in K.S.A. 21-3609, prior to its repeal,
719719 or K.S.A. 21-5602, and amendments thereto;
720720 (12) capital murder, as defined in K.S.A. 21-3439, prior to its repeal,
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764764 or K.S.A. 21-5401, and amendments thereto;
765765 (13) murder in the first degree, as defined in K.S.A. 21-3401, prior to
766766 its repeal, or K.S.A. 21-5402, and amendments thereto;
767767 (14) murder in the second degree, as defined in K.S.A. 21-3402, prior
768768 to its repeal, or K.S.A. 21-5403, and amendments thereto;
769769 (15) voluntary manslaughter, as defined in K.S.A. 21-3403, prior to
770770 its repeal, or K.S.A. 21-5404, and amendments thereto;
771771 (16) involuntary manslaughter, as defined in K.S.A. 21-3404, prior to
772772 its repeal, or K.S.A. 21-5405, and amendments thereto;
773773 (17) involuntary manslaughter while driving under the influence of
774774 alcohol or drugs, as defined in K.S.A. 21-3442, prior to its repeal;
775775 (18) sexual battery, as defined in K.S.A. 21-3517, prior to its repeal,
776776 or K.S.A. 21-5505(a), and amendments thereto, when, at the time the
777777 crime was committed, the victim was less than 18 years of age or a student
778778 of the person committing such crime;
779779 (19) aggravated sexual battery, as defined in K.S.A. 21-3518, prior to
780780 its repeal, or K.S.A. 21-5505(b), and amendments thereto;
781781 (20) commercial sexual exploitation of a child, as defined in K.S.A.
782782 21-6422, and amendments thereto;
783783 (21) human trafficking, as defined in K.S.A. 21-3446, prior to its
784784 repeal, or K.S.A. 21-5426(a), and amendments thereto;
785785 (22) aggravated human trafficking, as defined in K.S.A. 21-3447,
786786 prior to its repeal, or K.S.A. 21-5426(b), and amendments thereto;
787787 (23) attempt under K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-
788788 5301, and amendments thereto, to commit any act specified in this
789789 subsection;
790790 (24) conspiracy under K.S.A. 21-3302, prior to its repeal, or K.S.A.
791791 21-5302, and amendments thereto, to commit any act specified in this
792792 subsection;
793793 (25) an act in another state or by the federal government that is
794794 comparable to any act described in this subsection; or
795795 (26) an offense in effect at any time prior to the effective date of this
796796 act that is comparable to an offense as provided in this subsection.
797797 (b) Except as provided in subsection (c), the state board of education
798798 shall not knowingly issue a license to or renew the license of any person
799799 who has been convicted of, or has entered into a criminal diversion
800800 agreement after having been charged with any of the following, and shall
801801 revoke the license of any such person that has been issued or renewed:
802802 (1) A felony under K.S.A. 2010 Supp. 21-36a01 through 21-36a17,
803803 prior to their transfer, or article 57 of chapter 21 of the Kansas Statutes
804804 Annotated, and amendments thereto, or any felony violation of any
805805 provision of the uniform controlled substances act prior to July 1, 2009;
806806 (2) a felony described in any section of article 34 of chapter 21 of the
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850850 Kansas Statutes Annotated, prior to their repeal, or article 54 of chapter 21
851851 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-6325, 21-6326 or
852852 21-6418, and amendments thereto, other than an act specified in
853853 subsection (a), or a battery, as described in K.S.A. 21-3412, prior to its
854854 repeal, or K.S.A. 21-5413(a), and amendments thereto, or domestic
855855 battery, as described in K.S.A. 21-3412a, prior to its repeal, or K.S.A. 21-
856856 5414, and amendments thereto, if the victim is a minor or student;
857857 (3) a felony described in any section of article 35 of chapter 21 of the
858858 Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21
859859 of the Kansas Statutes Annotated, or K.S.A. 21-6419 through 21-6421, and
860860 amendments thereto, other than an act specified in subsection (a);
861861 (4) any act described in any section of article 36 of chapter 21 of the
862862 Kansas Statutes Annotated, prior to their repeal, or article 56 of chapter 21
863863 of the Kansas Statutes Annotated, and amendments thereto, other than an
864864 act specified in subsection (a);
865865 (5) a felony described in article 37 of chapter 21 of the Kansas
866866 Statutes Annotated, prior to their repeal, or article 58 of chapter 21 of the
867867 Kansas Statutes Annotated, or K.S.A. 21-6412(a)(6), and amendments
868868 thereto;
869869 (6) promoting obscenity, as described in K.S.A. 21-4301, prior to its
870870 repeal, or K.S.A. 21-6401(a), and amendments thereto, promoting
871871 obscenity to minors, as described in K.S.A. 21-4301a, prior to its repeal, or
872872 K.S.A. 21-6401(b), and amendments thereto, or promoting to minors
873873 obscenity harmful to minors, as described in K.S.A. 21-4301c, prior to its
874874 repeal, or K.S.A. 21-6402, and amendments thereto;
875875 (7) endangering a child, as defined in K.S.A. 21-3608, prior to its
876876 repeal, or K.S.A. 21-5601(a), and amendments thereto;
877877 (8) driving under the influence of alcohol or drugs in violation of
878878 K.S.A. 8-1567 or 8-2,144, and amendments thereto, when the violation is
879879 punishable as a felony;
880880 (9) attempt under K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-
881881 5301, and amendments thereto, to commit any act specified in this
882882 subsection;
883883 (10) conspiracy under K.S.A. 21-3302, prior to its repeal, or K.S.A.
884884 21-5302, and amendments thereto, to commit any act specified in this
885885 subsection; or
886886 (11) an act committed in violation of a federal law or in violation of
887887 another state's law that is comparable to any act described in this
888888 subsection.
889889 (c) The state board of education may issue a license to or renew the
890890 license of a person who has been convicted of committing an offense or
891891 act described in subsection (b) or who has entered into a criminal diversion
892892 agreement after having been charged with an offense or act described in
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936936 subsection (b) if the state board determines, following a hearing, that the
937937 person has been rehabilitated for a period of at least five years from the
938938 date of conviction of the offense or commission of the act or, in the case of
939939 a person who has entered into a criminal diversion agreement, that the
940940 person has satisfied the terms and conditions of the agreement. The state
941941 board of education may consider factors including, but not limited to, the
942942 following in determining whether to grant a license:
943943 (1) The nature and seriousness of the offense or act;
944944 (2) the conduct of the person subsequent to commission of the
945945 offense or act;
946946 (3) the time elapsed since the commission of the offense or act;
947947 (4) the age of the person at the time of the offense or act;
948948 (5) whether the offense or act was an isolated or recurring incident;
949949 and
950950 (6) discharge from probation, pardon or expungement.
951951 (d) Before any license is revoked or denied by the state board of
952952 education for any of the offenses or acts specified in subsections (a) and
953953 (b), the person shall be given notice and an opportunity for a hearing in
954954 accordance with the provisions of the Kansas administrative procedure act.
955955 (e) (1) The county or district attorney shall file a report with the state
956956 board of education indicating the name, address and social security
957957 number of any person Each person who has been determined to have
958958 committed convicted of any offense or act specified in subsection (a) or (b)
959959 or to have who has entered into a criminal diversion agreement after
960960 having been charged with any offense or act specified in subsection (b)
961961 shall file a report with the state board of education indicating the name,
962962 address and social security number of such person. Such report shall be
963963 filed within 30 days of the date of the determination that the person has
964964 committed any such act such conviction or the date such person entered
965965 into any such diversion agreement.
966966 (2) If any person who made a report required by paragraph (1) is a
967967 licensed employee of a unified school district, the state board of education
968968 shall notify such unified school district within 30 days that such report has
969969 been received, and upon request by such unified school district shall
970970 provide a copy of such report to the unified school district.
971971 (3) Failure to file a report as required by this subsection is a class B
972972 nonperson misdemeanor.
973973 (f) The state board of education shall not be liable for civil damages
974974 to any person refused issuance or renewal of a license by reason of the
975975 state board's compliance, in good faith, with the provisions of this section.
976976 Sec. 5. K.S.A. 72-4223 is hereby amended to read as follows: 72-
977977 4223. (a) Except as provided in K.S.A. 72-4225, and amendments thereto,
978978 the board of education of any school district may apply to the state board
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10221022 for a grant of authority to operate such school district as a public
10231023 innovative district. The application shall be submitted in the form and
10241024 manner prescribed by the state board, and shall be submitted not later than
10251025 December 1 of the school year preceding the school year in which the
10261026 school district intends to operate as a public innovative district.
10271027 (b) The application shall include the following:
10281028 (1) A description of the educational programs of the public innovative
10291029 district;
10301030 (2) a description of the interest and support for partnerships between
10311031 the public innovative district, parents and the community;
10321032 (3) the specific goals and the measurable pupil outcomes to be
10331033 obtained by operating as a public innovative district; and
10341034 (4) an explanation of how pupil performance in achieving the
10351035 specified outcomes will be measured, evaluated and reported.
10361036 (c) (1) Within 90 days from the date such application is submitted, the
10371037 state board shall review the application to determine compliance with this
10381038 section, and shall approve or deny such application on or before the
10391039 conclusion of such 90-day period. If the application is determined to be in
10401040 compliance with this section, the state board shall approve such
10411041 application and grant the school district authority to operate as a public
10421042 innovative district. Notification of such approval shall be sent to the board
10431043 of education of such school district within 10 days after such decision.
10441044 (2) If the state board determines such application is not in compliance
10451045 with either this section, or K.S.A. 72-4225, and amendments thereto, the
10461046 state board shall deny such application. Notification of such denial shall be
10471047 sent to the board of education of such school district within 10 days after
10481048 such decision and shall specify the reasons therefor. Within 30 days from
10491049 the date such notification is sent, the board of education of such school
10501050 district may submit a request to the state board for reconsideration of the
10511051 application and may submit an amended application with such request.
10521052 The state board shall act on the request for reconsideration within 60 days
10531053 of receipt of such request.
10541054 (d) A public innovative district shall:
10551055 (1) Not charge tuition for any of the pupils residing within the public
10561056 innovative district;
10571057 (2) participate in all Kansas math and reading assessments applicable
10581058 to such public innovative district, or an alternative assessment program for
10591059 measuring student progress as determined by the board of education;
10601060 (3) abide by all financial and auditing requirements that are
10611061 applicable to school districts, except that a public innovative district may
10621062 use generally accepted accounting principles;
10631063 (4) comply with all applicable health, safety and access laws; and
10641064 (5) comply with all statements set forth in the application submitted
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11081108 pursuant to subsection (a).
11091109 (e) (1) Except as otherwise provided in K.S.A. 72-4221 through 72-
11101110 4230, and amendments thereto, or as required by the board of education of
11111111 the public innovative district, a public innovative district shall be exempt
11121112 from all laws and rules and regulations that are applicable to school
11131113 districts.
11141114 (2) A public innovative district shall be subject to the special
11151115 education for exceptional children act, the virtual school act, the Kansas
11161116 school equity and enhancement act, K.S.A. 72-5131 et seq., and
11171117 amendments thereto, the provisions of K.S.A. 72-53,113 et seq., and
11181118 amendments thereto, all laws governing the issuance of general obligation
11191119 bonds by school districts, the provisions of K.S.A. 74-4901 et seq., and
11201120 amendments thereto, and all laws governing the election of members of
11211121 the board of education, the open meetings act as provided in K.S.A. 75-
11221122 4317 et seq., and amendments thereto, and the open records act as
11231123 provided in K.S.A. 45-215 et seq., and amendments thereto.
11241124 (f) (1) A public innovative district shall require any employee to be
11251125 fingerprinted and submit to a state and national criminal history record
11261126 check in accordance with K.S.A. 2024 Supp. 22-4714, and amendments
11271127 thereto, prior to commencing any work involving students.
11281128 (2) The criminal history record checks required by paragraph (1)
11291129 shall be conducted in the following manner:
11301130 (A) For employees hired prior to July 1, 2025, every five years from
11311131 and after July 1, 2025; and
11321132 (B) for employees hired on and after July 1, 2025, every five years
11331133 from the first day of such employee's employment.
11341134 (3) The public innovative district may pay for the cost of the criminal
11351135 history record check or may require each employee subject to the
11361136 provisions of this subsection to pay a fee in an amount necessary to
11371137 reimburse the public innovative district for the cost of the criminal history
11381138 record check.
11391139 (g) (1) Each employee subject to the provisions of subsection (f) who
11401140 has been convicted of any offense or act specified in K.S.A. 72-2165(a) or
11411141 (b), and amendments thereto, or who has entered into a criminal diversion
11421142 agreement after having been charged with any offense or act specified in
11431143 K.S.A. 72-2165(b), and amendments thereto, shall file a report with the
11441144 public innovative district indicating the name, address and social security
11451145 number of such employee. Such report shall be filed within 30 days of the
11461146 date of such conviction or the date such employee entered in any such
11471147 diversion agreement.
11481148 (2) Failure to file a report as required by this subsection is a class B
11491149 nonperson misdemeanor.
11501150 (h) As used in this section, "employee" means any person employed
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11941194 by a public innovative district in a position with direct contact with
11951195 students.
11961196 Sec. 6. K.S.A. 72-2165, 72-4223 and K.S.A. 2024 Supp. 22-4714 are
11971197 hereby repealed.
11981198 Sec. 7. This act shall take effect and be in force from and after its
11991199 publication in the statute book.
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