Session of 2025
SENATE BILL No. 246
By Committee on Judiciary
2-7
AN ACT concerning criminal history record information; relating to state
and national criminal history record checks; requiring the state board of
education to conduct state and national criminal history record checks
on all school employees; creating the criminal history record check
reimbursement fund for certain state and criminal history record checks
conducted by the Kansas department for aging and disability services;
amending K.S.A. 72-2165 and 72-4223 and K.S.A. 2024 Supp. 22-
4714 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) (1) The state board of education shall require
every applicant to be fingerprinted and submit to a state and national
criminal history record check in accordance with K.S.A. 2024 Supp. 22-
4714, and amendments thereto.
(2) Each applicant shall pay a fee for the criminal history record
check required by subsection (a) in an amount necessary to reimburse the
state board of education for the cost of such criminal history record check.
If an applicant is employed by a school district, such school district may
pay the fee on behalf of such applicant.
(3) Any applicant who does not comply with the provisions of this
section shall not be issued a license or certificate by the state board of
education.
(4) The state board of education may adopt rules and regulations to
implement and enforce the provisions of this subsection.
(b) (1) Any person not subject to the provisions of subsection (a), and
amendments thereto, who is an employee of a school district shall be
fingerprinted and submit to a state and national criminal history record
check in accordance with K.S.A. 2024 Supp. 22-4714, and amendments
thereto, prior to commencing any work involving students.
(2) The criminal history record checks required by subsection (a)
shall be conducted in the following manner:
(A) For employees hired before July 1, 2025, every five years from
and after July 1, 2025; and
(B) for employees hired on and after July 1, 2025, every five years
from the first day of such employee's employment.
(3) The school district may pay for the cost of the criminal history
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36 SB 246 2
record check or may require each employee subject to the provisions of
this section to pay a fee in an amount necessary to reimburse the school
district for the cost of the criminal history record check.
(c) (1) Each employee subject to the provisions of this section who
has been convicted of any offense or act specified in K.S.A. 72-2165(a) or
(b), and amendments thereto, or who has entered into a criminal diversion
agreement after having been charged with any offense or act specified in
K.S.A. 72-2165(b), and amendments thereto, shall file a report with the
school district indicating the name, address and social security number of
such employee. Such report shall be filed within 30 days of the date of
such conviction or the date such person entered into any such diversion
agreement.
(2) Failure to file a report as required by this subsection is a class B
nonperson misdemeanor.
(d) As used in this section:
(1) "Applicant" means a person making an initial application for a
Kansas teaching certificate or teaching license, an application for a
renewal of such certificate or license or an application for renewal of an
expired certificate or license; and
(2) "employee" means a person who is employed by a school district
in a position with direct contact with students. "Employee" does not
include a person making an initial application for a Kansas teaching
certificate or teaching license, an application for a renewal of such
certificate or license or an application for renewal of an expired certificate
or license.
New Sec. 2. (a) There is hereby created in the state treasury the
criminal history record check reimbursement fund. The fund shall be
administered by the Kansas department for aging and disability services.
All expenditures from the criminal history record check reimbursement
fund shall be to reimburse the Kansas department for aging and disability
services for criminal history record checks conducted pursuant to K.S.A.
39-970, 39-2009 and 65-5117, and amendments thereto. All expenditures
from the criminal history record check reimbursement fund shall be made
in accordance with appropriation acts upon warrants of the director of
accounts and reports issued pursuant to vouchers approved by the
secretary for aging and disability services, or the secretary's designee.
(b) On July 1, 2025, and each July 1 thereafter, the secretary for aging
and disability services, in consultation with the director of the budget, shall
determine and certify to the director of accounts and reports the total
amount paid by the department for aging and disability services for
criminal history record checks conducted pursuant to K.S.A. 39-970, 39-
2009 and 65-5117, and amendments thereto, minus the amount received
from fees charged and collected for such criminal history record checks.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 SB 246 3
Upon receipt of each such certification, or as soon thereafter as moneys are
available, the director of accounts and reports shall transfer such certified
amount from the state general fund to the criminal history record check
fund. When the secretary for aging and disability services transmits such
certification to the director of accounts and reports, the secretary shall
transmit a copy to the director of legislative research.
Sec. 3. K.S.A. 2024 Supp. 22-4714 is hereby amended to read as
follows: 22-4714. (a) A governmental agency other than a criminal justice
agency as defined in K.S.A. 22-4701, and amendments thereto, identified
in subsection (b) may require a person to be fingerprinted and shall submit
such fingerprints to the Kansas bureau of investigation and the federal
bureau of investigation for a search of the state and federal database.
Fingerprints provided pursuant to this section may be used to identify a
person and to determine whether such person has a record of criminal
history in this state or in another jurisdiction. An agency identified in
subsection (b) may use the information obtained from the criminal history
record check for the purposes of verifying the identification of a person
and in the official determination of the qualifications and fitness of such
person to be issued or maintain employment, licensure, registration,
certification or a permit, act as an agent of a licensee, hold ownership of a
licensee or serve as a director or officer of a licensee.
(b) (1) The Kansas bureau of investigation shall release criminal
history record information related to adult convictions, adult non-
convictions, adult diversions, adult expunged records, juvenile
adjudications, juvenile non-adjudications, juvenile diversions and juvenile
expunged records to the Kansas department for children and families or
the Kansas department for aging and disability services for initial or
continuing employment or participation in any program administered for
the placement, safety, protection or treatment of vulnerable children or
adults as described in K.S.A. 75-53,105, and amendments thereto.
(2) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions, adult non-convictions,
adult diversions, adult expunged records and juvenile expunged records to:
(A) The state lottery for candidates for employees as defined in
K.S.A. 74-8702, and amendments thereto, in connection with such
employment as described in K.S.A. 74-8704, and amendments thereto; and
(B) the Kansas racing and gaming commission for candidates for
employees or licensees as defined in K.S.A. 74-8802, and amendments
thereto, in connection with such employment or license as described in
K.S.A. 74-8804, and amendments thereto, including an applicant for a
simulcasting license.
(3) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions, adult non-convictions,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 SB 246 4
adult diversions, adult expunged records, juvenile adjudications, juvenile
non-adjudications and juvenile diversions to:
(A) The emergency medical services board for applicants as defined
in K.S.A. 65-6129, and amendments thereto, in connection with such
application as described in K.S.A. 65-6129, and amendments thereto;
(B) the attorney general for applicants as defined in K.S.A 75-7c01,
and amendments thereto, in connection with such application as described
in K.S.A. 75-7c05, and amendments thereto; and
(C) the department of administration for candidates for sensitive
employees as defined in K.S.A. 75-3707e, and amendments thereto, in
connection with such employment as described in K.S.A. 75-3707e, and
amendments thereto.
(4) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions, adult non-convictions,
adult diversions and adult expunged records to:
(A) The supreme court and state board of law examiners for
applicants as defined in K.S.A. 7-127, and amendments thereto, in
connection with such application as described in K.S.A. 7-127, and
amendments thereto;
(B) the state gaming agency for candidates for employees and
licensees as defined in K.S.A. 74-9802, and amendments thereto, in
connection with such employment or license as described in K.S.A. 74-
9805, and amendments thereto;
(C) the attorney general for applicants as defined in K.S.A. 75-7b01,
and amendments thereto, in connection with such application as described
in K.S.A. 75-7b04, and amendments thereto;
(D) the attorney general for applicants as defined in K.S.A. 75-7b01,
and amendments thereto, in connection with such application for
certification as described in K.S.A. 75-7b21, and amendments thereto; and
(E) the commission on peace officers' standards and training for
applicants for certification under the Kansas law enforcement training act
as described in K.S.A. 74-5607, and amendments thereto;
(F) the state board of education for applicants as defined in section
1, and amendments thereto, in connection with such application as
described in section 1, and amendments thereto;
(G) school districts for employees as defined in section 1, and
amendments thereto, in connection with such employment with a school
district as described in section 1, and amendments thereto; and
(H) public innovative districts for employees as defined in K.S.A. 72-
4223, and amendments thereto, in connection with such employment with
a public innovative district as described in K.S.A. 72-4223, and
amendments thereto.
(5) The Kansas bureau of investigation shall release criminal history
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 SB 246 5
record information related to adult convictions, adult non-convictions,
adult diversions and juvenile adjudications to:
(A) The athletic commission within the Kansas department of
commerce for a candidate for boxing commission as defined in K.S.A. 74-
50,182, and amendments thereto, in connection with such appointment as
described in K.S.A. 74-50,184, and amendments thereto; and
(B) the secretary of health and environment for employees at a child
care facility as defined in K.S.A. 65-503, and amendments thereto, in
connection with such employment as described in K.S.A. 65-516, and
amendments thereto.
(6) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions and juvenile adjudications
to:
(A) The secretary for aging and disability services for applicants as
defined in K.S.A. 39-970, and amendments thereto, in connection with
such application as described in K.S.A. 39-970, and amendments thereto;
(B) the Kansas department for aging and disability services for
applicants as defined in K.S.A. 39-2009, and amendments thereto, in
connection with such application as described in K.S.A. 39-2009, and
amendments thereto; and
(C) the secretary for aging and disability services for applicants as
defined in K.S.A. 65-5117, and amendments thereto, in connection with
such application as described in K.S.A. 65-5117, and amendments thereto.
(7) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions and adult non-convictions
to:
(A) The division of motor vehicles within the department of revenue
for applicants for reinstatement of a license to drive a commercial motor
vehicle as described in K.S.A. 8-2,142, and amendments thereto;
(B) the board of examiners in optometry for applicants or licensees as
defined in K.S.A. 65-1501, and amendments thereto, in connection with
such application or an investigation as described in K.S.A. 65-1505, and
amendments thereto;
(C) the board of pharmacy for fingerprint candidates as defined in
K.S.A. 65-1626, and amendments thereto, in connection with such
application or license as described in K.S.A. 65-1696, and amendments
thereto;
(D) the state board of healing arts for applicants or licensees as
defined in K.S.A. 65-2802, and amendments thereto, in connection with
such application or an investigation as described in K.S.A. 65-28,129, and
amendments thereto;
(E) the state board of healing arts for applicants or licensees as
defined in K.S.A. 65-2901, and amendments thereto, in connection with
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 SB 246 6
such application or an investigation as described in K.S.A. 65-2924, and
amendments thereto;
(F) the board of nursing for applicants as defined in K.S.A. 74-1112,
and amendments thereto, in connection with such application as described
in K.S.A. 74-1112, and amendments thereto;
(G) the behavioral sciences regulatory board for licensees as defined
in K.S.A. 74-7511, and amendments thereto, in connection with such
application or license as described in K.S.A. 74-7511, and amendments
thereto;
(H) the state lottery for a vendor to whom a major procurement
contract is to be awarded in connection with an investigation as described
in K.S.A. 74-8705, and amendments thereto;
(I) the attorney general for appointees of the governor to positions
subject to confirmation by the senate and judicial appointees as described
in K.S.A. 75-712, and amendments thereto;
(J) appointing authorities as defined in K.S.A. 75-4315d, and
amendments thereto, for nongubernatorial appointees as described in
K.S.A. 75-4315d, and amendments thereto;
(K) the Kansas real estate commission for applicants as defined in
K.S.A. 58-3035, and amendments thereto, or for licensees as defined in
K.S.A. 58-3035, and amendments thereto, in connection with an
investigation as described in K.S.A. 58-3039, and amendments thereto;
(L) the insurance commissioner for applicants for licensure as an
insurance agent as defined in K.S.A. 40-4902, and amendments thereto, in
connection with such application as described in K.S.A. 40-4905, and
amendments thereto; and
(M) the insurance commissioner for applicants as defined in K.S.A.
40-5501, and amendments thereto, in connection with such application as
described in K.S.A. 40-5505, and amendments thereto.
(8) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions to:
(A) The department of agriculture for hemp employees as defined in
K.S.A. 2-3901, and amendments thereto, in connection with such
employment as described in K.S.A. 2-3902, and amendments thereto;
(B) the department of agriculture for applicants for licensure as a
hemp producer as defined in K.S.A. 2-3901, and amendments thereto, in
connection with such application as described in K.S.A. 2-3906, and
amendments thereto;
(C) the office of state fire marshal for applicants for registration as a
hemp processor as defined in K.S.A. 2-3901, and amendments thereto, in
connection with such application as described in K.S.A. 2-3907, and
amendments thereto;
(D) the department of agriculture for hemp destruction employees as
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 SB 246 7
defined in K.S.A. 2-3901, and amendments thereto, in connection with
such employment as described in K.S.A. 2-3911, and amendments thereto;
(E) the bank commissioner for any applicant as defined in K.S.A. 9-
508, and amendments thereto, in connection with such application as
described in K.S.A. 9-509, and amendments thereto;
(F) the bank commissioner for an applicant for employment as a new
executive officer or director with a money transmitter company as
described in K.S.A. 9-513e, and amendments thereto;
(G) the bank commissioner for any applicant as defined in K.S.A. 9-
1719, and amendments thereto, in connection with such application as
described in K.S.A. 9-1722, and amendments thereto;
(H) the bank commissioner for an applicant, registrant or licensee as
defined in K.S.A. 9-2201, and amendments thereto, in connection with
such application, registration or license as described in K.S.A. 9-2209, and
amendments thereto;
(I) the state banking board for any officer, director or organizer of a
proposed fiduciary financial institution as defined in K.S.A. 9-2301, and
amendments thereto, in connection with such role as described in K.S.A.
9-2302, and amendments thereto;
(J) municipalities for applicants for merchant or security police as
described in K.S.A. 12-1679, and amendments thereto;
(K) the bank commissioner for applicants as defined in K.S.A. 16a-6-
104, and amendments thereto, in connection with such application as
described in K.S.A. 16a-6-104, and amendments thereto;
(L) the state department of credit unions for every candidate as
defined in K.S.A. 17-2234, and amendments thereto, in connection with
such employment as described in K.S.A. 17-2234, and amendments
thereto;
(M) the division of alcoholic beverage control within the department
of revenue for applicants as defined in K.S.A. 41-102, and amendments
thereto, in connection with such application as described in K.S.A. 41-
311b, and amendments thereto;
(N) the division of post audit for employees as defined in K.S.A. 46-
1103, and amendments thereto, in connection with such employment as
described in K.S.A. 46-1103, and amendments thereto;
(O) the bank commissioner for licensees as defined in K.S.A. 50-
1126, and amendments thereto, in connection with such license as
described in K.S.A. 50-1128, and amendments thereto;
(P) the real estate appraisal board for licensees as defined in K.S.A.
58-4102, and amendments thereto, in connection with an application or
investigation as described in K.S.A. 58-4127, and amendments thereto;
(Q) the real estate appraisal board for applicants as defined in K.S.A.
58-4703, and amendments thereto, in connection with such application as
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 SB 246 8
described in K.S.A. 58-4709, and amendments thereto;
(R) the department of health and environment for an employee as
defined in K.S.A. 65-2401, and amendments thereto, in connection with
such employment as described in K.S.A. 65-2402, and amendments
thereto;
(S) the Kansas commission on veterans affairs office of veterans
services for candidates as defined in K.S.A. 73-1210a, and amendments
thereto, in connection with an application as described in K.S.A. 73-1210a,
and amendments thereto;
(T) a senate standing committee for a member named, appointed or
elected to the public employee retirement systems board of trustee
membership as described in K.S.A. 74-4905, and amendments thereto;
(U) the attorney general for applicants as defined in K.S.A. 75-7e01,
and amendments thereto, in connection with such application as described
in K.S.A. 75-7e03, and amendments thereto;
(V) the department of revenue for employees as defined in K.S.A. 75-
5133c, and amendments thereto, in connection with such employment as
described in K.S.A. 75-5133c, and amendments thereto;
(W) the divison division of motor vehicles within the department of
revenue for employees as defined in K.S.A. 75-5156, and amendments
thereto, in connection with such employment as described in K.S.A. 75-
5156, and amendments thereto;
(X) the Kansas commission for the deaf and hard of hearing for
applicants as defined in K.S.A. 75-5397f, and amendments thereto, in
connection with such application as described in K.S.A. 75-5393a, and
amendments thereto;
(Y) the Kansas commission for the deaf and hard of hearing for
employees as defined in K.S.A. 75-5397f, and amendments thereto, in
connection with such employment as described in K.S.A. 75-5393c, and
amendments thereto;
(Z) the department of health and environment for employees as
defined in K.S.A. 75-5609a, and amendments thereto, in connection with
such employment as described in K.S.A. 75-5609a, and amendments
thereto; and
(AA) an executive branch agency head for employees as defined in
K.S.A. 75-7241, and amendments thereto, in connection with such
employment as described in K.S.A. 75-7241, and amendments thereto.
(c) State and local law enforcement agencies shall assist with taking
fingerprints of individuals as authorized by this section.
(d) Any board, commission, committee or other public body shall
recess into a closed executive session pursuant to K.S.A. 75-4319, and
amendments thereto, to receive and discuss criminal history record
information obtained pursuant to this section.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 SB 246 9
(e) The Kansas bureau of investigation may charge a reasonable fee
for conducting a criminal history record check.
(f) (1) Fingerprints and criminal history record information received
pursuant to this section shall be confidential and shall not be subject to the
provisions of the Kansas open records act, K.S.A. 45-215 et seq., and
amendments thereto. The provisions of this paragraph shall expire on July
1, 2029, unless the legislature reviews and reenacts this provision pursuant
to K.S.A. 45-229, and amendments thereto, prior to July 1, 2029.
(2) Disclosure or use of any information received pursuant to this
section for any purpose other than the purpose described in this section
shall be a class A nonperson misdemeanor and shall constitute grounds for
removal from office.
Sec. 4. K.S.A. 72-2165 is hereby amended to read as follows: 72-
2165. (a) The state board of education shall not knowingly issue a license
to or renew the license of any person who has been convicted of any of the
following, and shall revoke the license of any such person that has been
issued or renewed:
(1) Rape, as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A.
21-5503, and amendments thereto;
(2) indecent liberties with a child, as defined in K.S.A. 21-3503, prior
to its repeal, or K.S.A. 21-5506(a), and amendments thereto;
(3) aggravated indecent liberties with a child, as defined in K.S.A.
21-3504, prior to its repeal, or K.S.A. 21-5506(b), and amendments
thereto;
(4) criminal sodomy, as defined in K.S.A. 21-3505(a)(2) or (a)(3),
prior to its repeal, or K.S.A. 21-5504(a)(3) or (a)(4), and amendments
thereto;
(5) aggravated criminal sodomy, as defined in K.S.A. 21-3506, prior
to its repeal, or K.S.A. 21-5504(b), and amendments thereto;
(6) indecent solicitation of a child, as defined in K.S.A. 21-3510,
prior to its repeal, or K.S.A. 21-5508(a), and amendments thereto;
(7) aggravated indecent solicitation of a child, as defined in K.S.A.
21-3511, prior to its repeal, or K.S.A. 21-5508(b), and amendments
thereto;
(8) sexual exploitation of a child, as defined in K.S.A. 21-3516, prior
to its repeal, or K.S.A. 21-5510, and amendments thereto;
(9) aggravated incest, as defined in K.S.A. 21-3603, prior to its
repeal, or K.S.A. 21-5604(b), and amendments thereto;
(10) aggravated endangering a child, as defined in K.S.A. 21-3608a,
prior to its repeal, or K.S.A. 21-5601(b), and amendments thereto;
(11) abuse of a child, as defined in K.S.A. 21-3609, prior to its repeal,
or K.S.A. 21-5602, and amendments thereto;
(12) capital murder, as defined in K.S.A. 21-3439, prior to its repeal,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 SB 246 10
or K.S.A. 21-5401, and amendments thereto;
(13) murder in the first degree, as defined in K.S.A. 21-3401, prior to
its repeal, or K.S.A. 21-5402, and amendments thereto;
(14) murder in the second degree, as defined in K.S.A. 21-3402, prior
to its repeal, or K.S.A. 21-5403, and amendments thereto;
(15) voluntary manslaughter, as defined in K.S.A. 21-3403, prior to
its repeal, or K.S.A. 21-5404, and amendments thereto;
(16) involuntary manslaughter, as defined in K.S.A. 21-3404, prior to
its repeal, or K.S.A. 21-5405, and amendments thereto;
(17) involuntary manslaughter while driving under the influence of
alcohol or drugs, as defined in K.S.A. 21-3442, prior to its repeal;
(18) sexual battery, as defined in K.S.A. 21-3517, prior to its repeal,
or K.S.A. 21-5505(a), and amendments thereto, when, at the time the
crime was committed, the victim was less than 18 years of age or a student
of the person committing such crime;
(19) aggravated sexual battery, as defined in K.S.A. 21-3518, prior to
its repeal, or K.S.A. 21-5505(b), and amendments thereto;
(20) commercial sexual exploitation of a child, as defined in K.S.A.
21-6422, and amendments thereto;
(21) human trafficking, as defined in K.S.A. 21-3446, prior to its
repeal, or K.S.A. 21-5426(a), and amendments thereto;
(22) aggravated human trafficking, as defined in K.S.A. 21-3447,
prior to its repeal, or K.S.A. 21-5426(b), and amendments thereto;
(23) attempt under K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-
5301, and amendments thereto, to commit any act specified in this
subsection;
(24) conspiracy under K.S.A. 21-3302, prior to its repeal, or K.S.A.
21-5302, and amendments thereto, to commit any act specified in this
subsection;
(25) an act in another state or by the federal government that is
comparable to any act described in this subsection; or
(26) an offense in effect at any time prior to the effective date of this
act that is comparable to an offense as provided in this subsection.
(b) Except as provided in subsection (c), the state board of education
shall not knowingly issue a license to or renew the license of any person
who has been convicted of, or has entered into a criminal diversion
agreement after having been charged with any of the following, and shall
revoke the license of any such person that has been issued or renewed:
(1) A felony under K.S.A. 2010 Supp. 21-36a01 through 21-36a17,
prior to their transfer, or article 57 of chapter 21 of the Kansas Statutes
Annotated, and amendments thereto, or any felony violation of any
provision of the uniform controlled substances act prior to July 1, 2009;
(2) a felony described in any section of article 34 of chapter 21 of the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 SB 246 11
Kansas Statutes Annotated, prior to their repeal, or article 54 of chapter 21
of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-6325, 21-6326 or
21-6418, and amendments thereto, other than an act specified in
subsection (a), or a battery, as described in K.S.A. 21-3412, prior to its
repeal, or K.S.A. 21-5413(a), and amendments thereto, or domestic
battery, as described in K.S.A. 21-3412a, prior to its repeal, or K.S.A. 21-
5414, and amendments thereto, if the victim is a minor or student;
(3) a felony described in any section of article 35 of chapter 21 of the
Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21
of the Kansas Statutes Annotated, or K.S.A. 21-6419 through 21-6421, and
amendments thereto, other than an act specified in subsection (a);
(4) any act described in any section of article 36 of chapter 21 of the
Kansas Statutes Annotated, prior to their repeal, or article 56 of chapter 21
of the Kansas Statutes Annotated, and amendments thereto, other than an
act specified in subsection (a);
(5) a felony described in article 37 of chapter 21 of the Kansas
Statutes Annotated, prior to their repeal, or article 58 of chapter 21 of the
Kansas Statutes Annotated, or K.S.A. 21-6412(a)(6), and amendments
thereto;
(6) promoting obscenity, as described in K.S.A. 21-4301, prior to its
repeal, or K.S.A. 21-6401(a), and amendments thereto, promoting
obscenity to minors, as described in K.S.A. 21-4301a, prior to its repeal, or
K.S.A. 21-6401(b), and amendments thereto, or promoting to minors
obscenity harmful to minors, as described in K.S.A. 21-4301c, prior to its
repeal, or K.S.A. 21-6402, and amendments thereto;
(7) endangering a child, as defined in K.S.A. 21-3608, prior to its
repeal, or K.S.A. 21-5601(a), and amendments thereto;
(8) driving under the influence of alcohol or drugs in violation of
K.S.A. 8-1567 or 8-2,144, and amendments thereto, when the violation is
punishable as a felony;
(9) attempt under K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-
5301, and amendments thereto, to commit any act specified in this
subsection;
(10) conspiracy under K.S.A. 21-3302, prior to its repeal, or K.S.A.
21-5302, and amendments thereto, to commit any act specified in this
subsection; or
(11) an act committed in violation of a federal law or in violation of
another state's law that is comparable to any act described in this
subsection.
(c) The state board of education may issue a license to or renew the
license of a person who has been convicted of committing an offense or
act described in subsection (b) or who has entered into a criminal diversion
agreement after having been charged with an offense or act described in
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 SB 246 12
subsection (b) if the state board determines, following a hearing, that the
person has been rehabilitated for a period of at least five years from the
date of conviction of the offense or commission of the act or, in the case of
a person who has entered into a criminal diversion agreement, that the
person has satisfied the terms and conditions of the agreement. The state
board of education may consider factors including, but not limited to, the
following in determining whether to grant a license:
(1) The nature and seriousness of the offense or act;
(2) the conduct of the person subsequent to commission of the
offense or act;
(3) the time elapsed since the commission of the offense or act;
(4) the age of the person at the time of the offense or act;
(5) whether the offense or act was an isolated or recurring incident;
and
(6) discharge from probation, pardon or expungement.
(d) Before any license is revoked or denied by the state board of
education for any of the offenses or acts specified in subsections (a) and
(b), the person shall be given notice and an opportunity for a hearing in
accordance with the provisions of the Kansas administrative procedure act.
(e) (1) The county or district attorney shall file a report with the state
board of education indicating the name, address and social security
number of any person Each person who has been determined to have
committed convicted of any offense or act specified in subsection (a) or (b)
or to have who has entered into a criminal diversion agreement after
having been charged with any offense or act specified in subsection (b)
shall file a report with the state board of education indicating the name,
address and social security number of such person. Such report shall be
filed within 30 days of the date of the determination that the person has
committed any such act such conviction or the date such person entered
into any such diversion agreement.
(2) If any person who made a report required by paragraph (1) is a
licensed employee of a unified school district, the state board of education
shall notify such unified school district within 30 days that such report has
been received, and upon request by such unified school district shall
provide a copy of such report to the unified school district.
(3) Failure to file a report as required by this subsection is a class B
nonperson misdemeanor.
(f) The state board of education shall not be liable for civil damages
to any person refused issuance or renewal of a license by reason of the
state board's compliance, in good faith, with the provisions of this section.
Sec. 5. K.S.A. 72-4223 is hereby amended to read as follows: 72-
4223. (a) Except as provided in K.S.A. 72-4225, and amendments thereto,
the board of education of any school district may apply to the state board
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 SB 246 13
for a grant of authority to operate such school district as a public
innovative district. The application shall be submitted in the form and
manner prescribed by the state board, and shall be submitted not later than
December 1 of the school year preceding the school year in which the
school district intends to operate as a public innovative district.
(b) The application shall include the following:
(1) A description of the educational programs of the public innovative
district;
(2) a description of the interest and support for partnerships between
the public innovative district, parents and the community;
(3) the specific goals and the measurable pupil outcomes to be
obtained by operating as a public innovative district; and
(4) an explanation of how pupil performance in achieving the
specified outcomes will be measured, evaluated and reported.
(c) (1) Within 90 days from the date such application is submitted, the
state board shall review the application to determine compliance with this
section, and shall approve or deny such application on or before the
conclusion of such 90-day period. If the application is determined to be in
compliance with this section, the state board shall approve such
application and grant the school district authority to operate as a public
innovative district. Notification of such approval shall be sent to the board
of education of such school district within 10 days after such decision.
(2) If the state board determines such application is not in compliance
with either this section, or K.S.A. 72-4225, and amendments thereto, the
state board shall deny such application. Notification of such denial shall be
sent to the board of education of such school district within 10 days after
such decision and shall specify the reasons therefor. Within 30 days from
the date such notification is sent, the board of education of such school
district may submit a request to the state board for reconsideration of the
application and may submit an amended application with such request.
The state board shall act on the request for reconsideration within 60 days
of receipt of such request.
(d) A public innovative district shall:
(1) Not charge tuition for any of the pupils residing within the public
innovative district;
(2) participate in all Kansas math and reading assessments applicable
to such public innovative district, or an alternative assessment program for
measuring student progress as determined by the board of education;
(3) abide by all financial and auditing requirements that are
applicable to school districts, except that a public innovative district may
use generally accepted accounting principles;
(4) comply with all applicable health, safety and access laws; and
(5) comply with all statements set forth in the application submitted
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 SB 246 14
pursuant to subsection (a).
(e) (1) Except as otherwise provided in K.S.A. 72-4221 through 72-
4230, and amendments thereto, or as required by the board of education of
the public innovative district, a public innovative district shall be exempt
from all laws and rules and regulations that are applicable to school
districts.
(2) A public innovative district shall be subject to the special
education for exceptional children act, the virtual school act, the Kansas
school equity and enhancement act, K.S.A. 72-5131 et seq., and
amendments thereto, the provisions of K.S.A. 72-53,113 et seq., and
amendments thereto, all laws governing the issuance of general obligation
bonds by school districts, the provisions of K.S.A. 74-4901 et seq., and
amendments thereto, and all laws governing the election of members of
the board of education, the open meetings act as provided in K.S.A. 75-
4317 et seq., and amendments thereto, and the open records act as
provided in K.S.A. 45-215 et seq., and amendments thereto.
(f) (1) A public innovative district shall require any employee to be
fingerprinted and submit to a state and national criminal history record
check in accordance with K.S.A. 2024 Supp. 22-4714, and amendments
thereto, prior to commencing any work involving students.
(2) The criminal history record checks required by paragraph (1)
shall be conducted in the following manner:
(A) For employees hired prior to July 1, 2025, every five years from
and after July 1, 2025; and
(B) for employees hired on and after July 1, 2025, every five years
from the first day of such employee's employment.
(3) The public innovative district may pay for the cost of the criminal
history record check or may require each employee subject to the
provisions of this subsection to pay a fee in an amount necessary to
reimburse the public innovative district for the cost of the criminal history
record check.
(g) (1) Each employee subject to the provisions of subsection (f) who
has been convicted of any offense or act specified in K.S.A. 72-2165(a) or
(b), and amendments thereto, or who has entered into a criminal diversion
agreement after having been charged with any offense or act specified in
K.S.A. 72-2165(b), and amendments thereto, shall file a report with the
public innovative district indicating the name, address and social security
number of such employee. Such report shall be filed within 30 days of the
date of such conviction or the date such employee entered in any such
diversion agreement.
(2) Failure to file a report as required by this subsection is a class B
nonperson misdemeanor.
(h) As used in this section, "employee" means any person employed
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 SB 246 15
by a public innovative district in a position with direct contact with
students.
Sec. 6. K.S.A. 72-2165, 72-4223 and K.S.A. 2024 Supp. 22-4714 are
hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
1
2
3
4
5
6