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AN ACT concerning the state board of education; relating to the issuance
  or renewal of certificates of certain persons; authorizing the state board
  to receive certain information.
Be it enacted by the Legislature of the State of Kansas:
  Section 1.  (a) The state board of education shall not knowingly issue
a certificate to or renew the certificate of any person who has been con-
victed of any offense or attempt to commit any offense specified in sub-
section (c) of K.S.A. 21-4619, and amendments thereto.
  (b)  Except as provided in subsection (c), the state board of education
shall not knowingly issue a certificate to or renew the certificate of any
person who:
  (1)  Has been convicted of a felony under the uniform controlled sub-
stances act, (2) has been convicted of any offense or attempt to commit
any offense defined in any statutory section contained in any of the articles
34, 35, or 36 of chapter 21 of Kansas Statutes Annotated, (3) has been
convicted of any felony or attempt to commit any felony defined in any
statutory section contained in article 37 of chapter 21 of Kansas Statutes
Annotated, (4) has been convicted of any offense defined in K.S.A. 21-
4301, 21-4301a or 21-4301c, and amendments thereto, (5) has been con-
victed in another state or by the federal government of an offense similar
to any offense specified in this subsection, or (6) has entered into a crim-
inal diversion agreement after having been charged with any offense spec-
ified in this subsection.
  (c)  The state board of education may issue a certificate to or renew
the certificate of a person who has been convicted of an offense specified
in subsection (b), other than an offense specified in subsection (c) of
K.S.A. 21-4619, and amendments thereto, 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. The state
board of education may consider factors including, but not limited to, the
following in determining whether to grant a certificate:
  (1)  The nature and seriousness of the offense;
  (2)  the conduct of the person subsequent to commission of the of-
fense;
  (3)  the time elapsed since commission of the offense;
  (4)  the age of the person at the time of commission of the offense;
  (5)  whether the offense was an isolated or recurring act; and
  (6)  discharge from probation, pardon or expungement.
  (d)  Before any certificate is denied by the state board of education
for any of the offenses specified in subsection (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)  Upon request of the state board of education, the county or dis-
trict attorney shall file a written report with the state board indicating the
name, address and social security number of any person who has been
convicted of any offense specified in subsection (b). Such report shall be
filed within 30 days of the date of the request of the state board for the
report.
  (f)  The state board of education shall not be liable for civil damages
to any person refused issuance or renewal of a certificate by reason of the
state board's compliance, in good faith, with the provisions of this section.
  Sec. 2.  This act shall take effect and be in force from and after its
publication in the statute book.