[As Further Amended by Senate Committee of the Whole]
         
As Amended by Senate Committee
          
Session of 1999
         
SENATE BILL No. 203
         
By Committee on Education
          
2-2
          
11             AN  ACT concerning schools; relating to school safety and security; pu-
12             pils, prohibiting the withholding of records; amending K.S.A. 72-
13             5386 and K.S.A. 1998 Supp. 38-1502, 38-1507, 38-1602, 38-1655, 72-
14             89b02 and 72-89b03 and repealing the existing sections; also repealing
15             K.S.A. 1998 Supp. 38-1502c and 38-1602a.
16      
17       Be it enacted by the Legislature of the State of Kansas:
18             Section  1. K.S.A. 1998 Supp. 38-1502 is hereby amended to read as
19       follows: 38-1502. As used in this code, unless the context otherwise
20       indicates:
21             (a) "Child in need of care" means a person less than 18 years of age
22       who:
23             (1) Is without adequate parental care, control or subsistence and the
24       condition is not due solely to the lack of financial means of the child's
25       parents or other custodian;
26             (2) is without the care or control necessary for the child's physical,
27       mental or emotional health;
28             (3) has been physically, mentally or emotionally abused or neglected
29       or sexually abused;
30             (4) has been placed for care or adoption in violation of law;
31             (5) has been abandoned or does not have a known living parent;
32             (6) is not attending school as required by K.S.A. 72-977 or 72-1111,
33       and amendments thereto;
34             (7) except in the case of a violation of K.S.A. 41-727, subsection (j)
35       of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, and amend-
36       ments thereto, or, except as provided in subsection (a)(12) of K.S.A. 21-
37       4204a and amendments thereto, does an act which, when committed by
38       a person under 18 years of age, is prohibited by state law, city ordinance
39       or county resolution but which is not prohibited when done by an adult;
40             (8) while less than 10 years of age, commits any act which if done by
41       an adult would constitute the commission of a felony or misdemeanor as
42       defined by K.S.A. 21-3105 and amendments thereto;

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  1             (9) is willfully and voluntarily absent from the child's home without
  2       the consent of the child's parent or other custodian;
  3             (10) is willfully and voluntarily absent at least a second time from a
  4       court ordered or designated placement, or a placement pursuant to court
  5       order, if the absence is without the consent of the person with whom the
  6       child is placed or, if the child is placed in a facility, without the consent
  7       of the person in charge of such facility or such person's designee;
  8             (11) has been residing in the same residence with a sibling or another
  9       person under 18 years of age, who has been physically, mentally or emo-
10       tionally abused or neglected, or sexually abused; or
11             (12) while less than 10 years of age commits the offense defined in
12       K.S.A. 21-4204a and amendments thereto.
13             (b) "Physical, mental or emotional abuse or neglect" means the in-
14       fliction of physical, mental or emotional injury or the causing of a dete-
15       rioration of a child and may include, but shall not be limited to, failing to
16       maintain reasonable care and treatment, negligent treatment or maltreat-
17       ment or exploiting a child to the extent that the child's health or emotional
18       well-being is endangered. A parent legitimately practicing religious beliefs
19       who does not provide specified medical treatment for a child because of
20       religious beliefs shall not for that reason be considered a negligent parent;
21       however, this exception shall not preclude a court from entering an order
22       pursuant to subsection (a)(2) of K.S.A. 38-1513 and amendments thereto.
23             (c) "Sexual abuse" means any act committed with a child which is
24       described in article 35, chapter 21 of the Kansas Statutes Annotated and
25       those acts described in K.S.A. 21-3602 or 21-3603, and amendments
26       thereto, regardless of the age of the child.
27             (d) "Parent," when used in relation to a child or children, includes a
28       guardian, conservator and every person who is by law liable to maintain,
29       care for or support the child.
30             (e) "Interested party" means the state, the petitioner, the child, any
31       parent and any person found to be an interested party pursuant to K.S.A.
32       38-1541 and amendments thereto.
33             (f) "Law enforcement officer" means any person who by virtue of
34       office or public employment is vested by law with a duty to maintain
35       public order or to make arrests for crimes, whether that duty extends to
36       all crimes or is limited to specific crimes.
37             (g) "Youth residential facility" means any home, foster home or struc-
38       ture which provides 24-hour-a-day care for children and which is licensed
39       pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated.
40             (h) "Shelter facility" means any public or private facility or home
41       other than a juvenile detention facility that may be used in accordance
42       with this code for the purpose of providing either temporary placement
43       for the care of children in need of care prior to the issuance of a dispos-

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  1       itional order or longer term care under a dispositional order.
  2             (i) "Juvenile detention facility" means any secure public or private
  3       facility used for the lawful custody of accused or adjudicated juvenile
  4       offenders which must not be a jail.
  5             (j) "Adult correction facility" means any public or private facility, se-
  6       cure or nonsecure, which is used for the lawful custody of accused or
  7       convicted adult criminal offenders.
  8             (k) "Secure facility" means a facility which is operated or structured
  9       so as to ensure that all entrances and exits from the facility are under the
10       exclusive control of the staff of the facility, whether or not the person
11       being detained has freedom of movement within the perimeters of the
12       facility, or which relies on locked rooms and buildings, fences or physical
13       restraint in order to control behavior of its residents. No secure facility
14       shall be in a city or county jail.
15             (l) "Ward of the court" means a child over whom the court has ac-
16       quired jurisdiction by the filing of a petition pursuant to this code and
17       who continues subject to that jurisdiction until the petition is dismissed
18       or the child is discharged as provided in K.S.A. 38-1503 and amendments
19       thereto.
20             (m) "Custody," whether temporary, protective or legal, means the
21       status created by court order or statute which vests in a custodian,
22       whether an individual or an agency, the right to physical possession of
23       the child and the right to determine placement of the child, subject to
24       restrictions placed by the court.
25             (n) "Placement" means the designation by the individual or agency
26       having custody of where and with whom the child will live.
27             (o) "Secretary" means the secretary of social and rehabilitation
28       services.
29             (p) "Relative" means a person related by blood, marriage or adoption
30       but, when referring to a relative of a child's parent, does not include the
31       child's other parent.
32             (q) "Court-appointed special advocate" means a responsible adult
33       other than an attorney guardian ad litem who is appointed by the court
34       to represent the best interests of a child, as provided in K.S.A. 38-1505a
35       and amendments thereto, in a proceeding pursuant to this code.
36             (r) "Multidisciplinary team" means a group of persons, appointed by
37       the court or by the state department of social and rehabilitation services
38       under K.S.A. 38-1523a and amendments thereto, which has knowledge
39       of the circumstances of a child in need of care.
40             (s) "Jail" means:
41             (1) An adult jail or lockup; or
42             (2) a facility in the same building or on the same grounds as an adult
43       jail or lockup, unless the facility meets all applicable standards and licen-

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  1       sure requirements under law and there is (A) total separation of the ju-
  2       venile and adult facility spatial areas such that there could be no haphaz-
  3       ard or accidental contact between juvenile and adult residents in the
  4       respective facilities; (B) total separation in all juvenile and adult program
  5       activities within the facilities, including recreation, education, counseling,
  6       health care, dining, sleeping, and general living activities; and (C) separate
  7       juvenile and adult staff, including management, security staff and direct
  8       care staff such as recreational, educational and counseling.
  9             (t) "Kinship care" means the placement of a child in the home of the
10       child's relative or in the home of another adult with whom the child or
11       the child's parent already has a close emotional attachment.
12             (u) "Juvenile intake and assessment worker" means a responsible
13       adult authorized to perform intake and assessment services as part of the
14       intake and assessment system established pursuant to K.S.A. 75-7023, and
15       amendments thereto.
16             (v) "Abandon" means to forsake, desert or cease providing care for
17       the child without making appropriate provisions for substitute care.
18             (w) "Permanent guardianship" means a judicially created relationship
19       between child and caretaker which is intended to be permanent and self-
20       sustaining without ongoing state oversight or intervention. The perma-
21       nent guardian stands in loco parentis and exercises all the rights and
22       responsibilities of a parent.
23             (x) "Aggravated circumstances" means the abandonment, torture,
24       chronic abuse, sexual abuse or chronic, life threatening neglect of a child.
25             (y) "Permanency hearing" means a notice and opportunity to be
26       heard is provided to interested parties, foster parents, preadoptive parents
27       or relatives providing care for the child. The court, after consideration of
28       the evidence, shall determine whether progress toward the case plan goal
29       is adequate or reintegration is a viable alternative, or if the case should
30       be referred to the county or district attorney for filing of a petition to
31       terminate parental rights or to appoint a permanent guardian.
32             (z) "Extended out of home placement" means a child has been in the
33       custody of the secretary and placed with neither parent for 15 of the most
34       recent 22 months beginning 60 days after the date at which a child in the
35       custody of the secretary was removed from the home.
36             (aa) "Educational institution" means all schools at the elementary and
37       secondary levels.
38             (bb) "Educator" means any administrator, teacher or other profes-
39       sional or paraprofessional employee of an educational institution who has
40       exposure to a pupil specified in subsection (a) of K.S.A. 1998 Supp. 72-
41       89b03 and amendments thereto.
42             Sec.  2. K.S.A. 1998 Supp. 38-1507 is hereby amended to read as
43       follows: 38-1507. (a) Except as otherwise provided, in order to protect

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  1       the privacy of children who are the subject of a child in need of care
  2       record or report, all records and reports concerning children in need of
  3       care, including the juvenile intake and assessment report, received by the
  4       department of social and rehabilitation services, a law enforcement
  5       agency or any juvenile intake and assessment worker shall be kept con-
  6       fidential except: (1) To those persons or entities with a need for infor-
  7       mation that is directly related to achieving the purposes of this code, or
  8       (2) upon an order of a court of competent jurisdiction pursuant to a
  9       determination by the court that disclosure of the reports and records is
10       in the best interests of the child or are necessary for the proceedings
11       before the court, or both, and are otherwise admissible in evidence. Such
12       access shall be limited to in camera inspection unless the court otherwise
13       issues an order specifying the terms of disclosure.
14             (b) The provisions of subsection (a) shall not prevent disclosure of
15       information to an educational institution or to individual educators about
16       a pupil specified in subsection (a) (1) through (5) of K.S.A. 1998 Supp.
17       72-89b03 and amendments thereto.
18             (c) When a report is received by the department of social and reha-
19       bilitation services, a law enforcement agency or any juvenile intake and
20       assessment worker which indicates a child may be in need of care, the
21       following persons and entities shall have a free exchange of information
22       between and among them:
23             (1) The department of social and rehabilitation services;
24             (2) the commissioner of juvenile justice;
25             (3) the law enforcement agency receiving such report;
26             (4) members of a court appointed multidisciplinary team;
27             (5) an entity mandated by federal law or an agency of any state au-
28       thorized to receive and investigate reports of a child known or suspected
29       to be in need of care;
30             (6) a military enclave or Indian tribal organization authorized to re-
31       ceive and investigate reports of a child known or suspected to be in need
32       of care;
33             (7) a county or district attorney;
34             (8) a court services officer who has taken a child into custody pursuant
35       to K.S.A. 38-1527, and amendments thereto;
36             (9) a guardian ad litem appointed for a child alleged to be in need of
37       care;
38             (10) an intake and assessment worker; and
39             (11) any community corrections program which has the child under
40       court ordered supervision.
41             (d) The following persons or entities shall have access to information,
42       records or reports received by the department of social and rehabilitation
43       services, a law enforcement agency or any juvenile intake and assessment

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  1       worker. Access shall be limited to information reasonably necessary to
  2       carry out their lawful responsibilities to maintain their personal safety and
  3       the personal safety of individuals in their care or to diagnose, treat, care
  4       for or protect a child alleged to be in need of care.
  5             (1) A child named in the report or records.
  6             (2) A parent or other person responsible for the welfare of a child,
  7       or such person's legal representative.
  8             (3) A court-appointed special advocate for a child, a citizen review
  9       board or other advocate which reports to the court.
10             (4) A person licensed to practice the healing arts or mental health
11       profession in order to diagnose, care for, treat or supervise: (A) A child
12       whom such service provider reasonably suspects may be in need of care;
13       (B) a member of the child's family; or (C) a person who allegedly abused
14       or neglected the child.
15             (5) A person or entity licensed or registered by the secretary of health
16       and environment or approved by the secretary of social and rehabilitation
17       services to care for, treat or supervise a child in need of care. In order to
18       assist a child placed for care by the secretary of social and rehabilitation
19       services in a foster home or child care facility, the secretary shall provide
20       relevant information to the foster parents or child care facility prior to
21       placement and as such information becomes available to the secretary.
22             (6) A coroner or medical examiner when such person is determining
23       the cause of death of a child.
24             (7) The state child death review board established under K.S.A. 22a-
25       243, and amendments thereto.
26             (8) A prospective adoptive parent prior to placing a child in their care.
27             (9) The department of health and environment or person authorized
28       by the department of health and environment pursuant to K.S.A. 59-512,
29       and amendments thereto, for the purpose of carrying out responsibilities
30       relating to licensure or registration of child care providers as required by
31       chapter 65 of article 5 of the Kansas Statutes Annotated, and amendments
32       thereto.
33             (10) The state protection and advocacy agency as provided by sub-
34       section (a)(10) of K.S.A. 65-5603 or subsection (a)(2)(A) and (B) of K.S.A.
35       74-5515, and amendments thereto.
36             (11) Any educational institution to the extent necessary to enable the
37       educational institution to provide the safest possible environment for its
38       pupils and employees.
39             (12) Any educator to the extent necessary to enable the educator to
40       protect the personal safety of the educator and the educator's pupils.
41             (e) Information from a record or report of a child in need of care
42       shall be available to members of the standing house or senate committee
43       on judiciary, house committee on appropriations, senate committee on

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  1       ways and means, legislative post audit committee and joint committee on
  2       children and families, carrying out such member's or committee's official
  3       functions in accordance with K.S.A. 75-4319 and amendments thereto,
  4       in a closed or executive meeting. Except in limited conditions established
  5       by 2/3 of the members of such committee, records and reports received
  6       by the committee shall not be further disclosed. Unauthorized disclosure
  7       may subject such member to discipline or censure from the house of
  8       representatives or senate.
  9             (f) Nothing in this section shall be interpreted to prohibit the secre-
10       tary of social and rehabilitation services from summarizing the outcome
11       of department actions regarding a child alleged to be a child in need of
12       care to a person having made such report.
13             (g) Disclosure of information from reports or records of a child in
14       need of care to the public shall be limited to confirmation of factual details
15       with respect to how the case was handled that do not violate the privacy
16       of the child, if living, or the child's siblings, parents or guardians. Further,
17       confidential information may be released to the public only with the ex-
18       press written permission of the individuals involved or their representa-
19       tives or upon order of the court having jurisdiction upon a finding by the
20       court that public disclosure of information in the records or reports is
21       necessary for the resolution of an issue before the court.
22             (h) Nothing in this section shall be interpreted to prohibit a court of
23       competent jurisdiction from making an order disclosing the findings or
24       information pursuant to a report of alleged or suspected child abuse or
25       neglect which has resulted in a child fatality or near fatality if the court
26       determines such disclosure is necessary to a legitimate state purpose. In
27       making such order, the court shall give due consideration to the privacy
28       of the child, if, living, or the child's siblings, parents or guardians.
29             (i) Information authorized to be disclosed in subsections (d) through
30       (g) shall not contain information which identifies a reporter of a child in
31       need of care.
32             (j) Records or reports authorized to be disclosed in this section shall
33       not be further disclosed, except that the provisions of this subsection shall
34       not prevent disclosure of information to an educational institution or to
35       individual educators about a pupil specified in subsection (a)(1) through
36       (5) of K.S.A. 1998 Supp. 72-89b03 and amendments thereto.
37             (k) Anyone who participates in providing or receiving information
38       without malice under the provisions of this section shall have immunity
39       from any civil liability that might otherwise be incurred or imposed. Any
40       such participant shall have the same immunity with respect to participa-
41       tion in any judicial proceedings resulting from providing or receiving
42       information.
43             (l) No individual, association, partnership, corporation or other entity

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  1       shall willfully or knowingly disclose, permit or encourage disclosure of
  2       the contents of records or reports concerning a child in need of care
  3       received by the department of social and rehabilitation services, a law
  4       enforcement agency or a juvenile intake and assessment worker except
  5       as provided by this code. Violation of this subsection is a class B
  6       misdemeanor.
  7             Sec.  3. K.S.A. 1998 Supp. 38-1602 is hereby amended to read as
  8       follows: 38-1602. As used in this code, unless the context otherwise
  9       requires:
10             (a) "Juvenile" means a person 10 or more years of age but less than
11       18 years of age.
12             (b) "Juvenile offender" means a person who does an act commits an
13       offense while a juvenile which if done committed by an adult would con-
14       stitute the commission of a felony or misdemeanor as defined by K.S.A.
15       21-3105 and amendments thereto or who violates the provisions of K.S.A.
16       21-4204a or K.S.A. 41-727 or subsection (j) of K.S.A. 74-8810, and
17       amendments thereto, but does not include:
18             (1) A person 14 or more years of age who commits a traffic offense,
19       as defined in subsection (d) of K.S.A. 8-2117 and amendments thereto;
20             (2) a person 16 years of age or over who commits an offense defined
21       in chapter 32 of the Kansas Statutes Annotated;
22             (3) a person whose prosecution as an adult is authorized pursuant to
23       K.S.A. 38-1636 and amendments thereto and whose prosecution results
24       in the conviction of an adult crime; or
25             (4) a person who has been found to be an extended jurisdiction ju-
26       venile pursuant to subsection (a)(2) of K.S.A. 38-1636, and amendment
27       thereto, and whose stay of adult sentence execution has been revoked
28       under 18 years of age who previously has been:
29             (A) Convicted as an adult under the Kansas code of criminal
30       procedure;
31             (B) sentenced as an adult under the Kansas code of criminal proce-
32       dure following termination of status as an extended jurisdiction juvenile
33       pursuant to K.S.A. 38-16,126, and amendments thereto; or
34             (C) convicted or sentenced as an adult in another state or foreign
35       jurisdiction under substantially similar procedures described in K.S.A. 38-
36       1636, and amendments thereto, or because of attaining the age of majority
37       designated in that state or jurisdiction.
38             (c) "Parent," when used in relation to a juvenile or a juvenile of-
39       fender, includes a guardian, conservator and every person who is by law
40       liable to maintain, care for or support the juvenile.
41             (d) "Law enforcement officer" means any person who by virtue of
42       that person's office or public employment is vested by law with a duty to
43       maintain public order or to make arrests for crimes, whether that duty

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  1       extends to all crimes or is limited to specific crimes.
  2             (e) "Youth residential facility" means any home, foster home or struc-
  3       ture which provides twenty-four-hour-a-day care for juveniles and which
  4       is licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
  5       Annotated.
  6             (f) "Juvenile detention facility" means any secure public or private
  7       facility which is used for the lawful custody of accused or adjudicated
  8       juvenile offenders and which must shall not be a jail.
  9             (g) "Juvenile correctional facility" means a facility operated by the
10       commissioner for juvenile offenders.
11             (h) "Warrant" means a written order by a judge of the court directed
12       to any law enforcement officer commanding the officer to take into cus-
13       tody the juvenile named or described therein.
14             (i) "Commissioner" means the commissioner of juvenile justice.
15             (j) "Jail" means:
16             (1) An adult jail or lockup; or
17             (2) a facility in the same building as an adult jail or lockup, unless the
18       facility meets all applicable licensure requirements under law and there
19       is (A) total separation of the juvenile and adult facility spatial areas such
20       that there could be no haphazard or accidental contact between juvenile
21       and adult residents in the respective facilities; (B) total separation in all
22       juvenile and adult program activities within the facilities, including rec-
23       reation, education, counseling, health care, dining, sleeping, and general
24       living activities; and (C) separate juvenile and adult staff, including man-
25       agement, security staff and direct care staff such as recreational, educa-
26       tional and counseling.
27             (k) "Court-appointed special advocate" means a responsible adult,
28       other than an attorney appointed pursuant to K.S.A. 38-1606 and amend-
29       ments thereto, who is appointed by the court to represent the best inter-
30       ests of a child, as provided in K.S.A. 1998 Supp. 38-1606a, and amend-
31       ments thereto, in a proceeding pursuant to this code.
32             (l) "Juvenile intake and assessment worker" means a responsible
33       adult authorized to perform intake and assessment services as part of the
34       intake and assessment system established pursuant to K.S.A. 76-3202 75-
35       7023, and amendments thereto.
36             (m) "Institution" means the following institutions: The Atchison ju-
37       venile correctional facility, the Beloit juvenile correctional facility, the
38       Larned juvenile correctional facility and the Topeka juvenile correctional
39       facility.
40             (n) "Sanction Sanctions house" means a facility which is operated or
41       structured so as to ensure that all entrances and exits from the facility are
42       under the exclusive control of the staff of the facility, whether or not the
43       person being detained has freedom of movement within the perimeters

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  1       of the facility, or which relies on locked rooms and buildings, fences, or
  2       physical restraint in order to control the behavior of its residents. Upon
  3       an order from the court, a licensed juvenile detention facility may serve
  4       as a sanction sanctions house. A sanction sanctions house may be physi-
  5       cally connected physically to a nonsecure shelter facility provided the
  6       sanction sanctions house is not a licensed juvenile detention facility.
  7             (o) "Sentencing risk assessment tool" means an instrument adminis-
  8       tered to juvenile offenders which delivers a score, or group of scores,
  9       describing, but not limited to describing, the juvenile's potential risk to
10       the community.
11             (p) "Educational institution" means all schools at the elementary and
12       secondary levels.
13             (q) "Educator" means any administrator, teacher or other profes-
14       sional or paraprofessional employee of an educational institution who has
15       exposure to a pupil specified in subsection (a)(1) through (5) of K.S.A.
16       1998 Supp. 72-89b03 and amendments thereto.
17             Sec.  4. K.S.A. 1998 Supp. 38-1655 is hereby amended to read as
18       follows: 38-1655. If the court finds that the evidence fails to prove an
19       offense charged or an included offense as defined in subsection (2) of
20       K.S.A. 21-3107 and amendments thereto, the court shall enter an order
21       dismissing the charge.
22             If the court finds that the respondent committed the offense charged
23       or an included offense as defined in subsection (2) of K.S.A. 21-3107 and
24       amendments thereto, the court shall adjudicate the respondent to be a
25       juvenile offender and may issue a sentence as authorized by this code.
26             If the court finds that the respondent committed the acts constituting
27       the offense charged or an included offense as defined in subsection (2)
28       of K.S.A. 21-3107 and amendments thereto but is not responsible because
29       of mental disease or defect, the respondent shall not be adjudicated as a
30       juvenile offender and shall be committed to the custody of the secretary
31       of social and rehabilitation services and placed in a state hospital. The
32       respondent's continued commitment shall be subject to annual review in
33       the manner provided by K.S.A. 22-3428a and amendments thereto for
34       review of commitment of a defendant suffering from mental disease or
35       defect, and the respondent may be discharged or conditionally released
36       pursuant to that section. The respondent also may be discharged or con-
37       ditionally released in the same manner and subject to the same proce-
38       dures as provided by K.S.A. 22-3428 and amendments thereto for dis-
39       charge of or granting conditional release to a defendant found suffering
40       from mental disease or defect. If the respondent violates any conditions
41       of an order of conditional release, the respondent shall be subject to
42       contempt proceedings and return to custody as provided by K.S.A. 22-
43       3428b and amendments thereto.

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  1             A copy of the court's order shall be sent to the school district in which
  2       the juvenile offender is enrolled or will be enrolled
  3             Sec.  5. K.S.A. 1998 Supp. 72-89b02 is hereby amended to read as
  4       follows: 72-89b02. As used in this act:
  5             (a) "Board of education" means the board of education of a unified
  6       school district or the governing authority of an accredited nonpublic
  7       school.
  8             (b) "School" means a public school or an accredited nonpublic school.
  9             (c) "Public school" means a school operated by a unified school dis-
10       trict organized under the laws of this state.
11             (d) "Accredited nonpublic school" means a nonpublic school partic-
12       ipating in the quality performance accreditation system.
13             (e) "School employee" means any teacher or other administrative,
14       professional or paraprofessional employee of a school who has exposure
15       to a pupil specified in subsection (a)(1) through (5) of K.S.A. 1998 Supp.
16       72-89b03 and amendments thereto.
17             (f) "Administrator" means any individual who is employed by a school
18       in a supervisory or managerial capacity.
19        (f) "Superintendent of schools" means the superintendent of
20       schools appointed by the board of education of a unified school
21       district or the chief administrative officer of an accredited non-
22       public school appointed by the board of education of the school.
23             Sec.  6. K.S.A. 1998 Supp. 72-89b03 is hereby amended to read as
24       follows: 72-89b03. (a) School employees with knowledge that a pupil is a
25       pupil specified in this subsection shall inform administrators and admin-
26       istrators with knowledge that a pupil is a pupil specified in this subsection
27       shall inform all other school employees of the following:
28             (1) The identity of any pupil who has been expelled as provided by
29       subsection (c) of K.S.A. 72-8901 and amendments thereto for conduct
30       which endangers the safety of others;
31             (2) the identity of any pupil who has been expelled as provided by
32       subsection (d) of K.S.A. 72-8901 and amendments thereto;
33             (3) the identity of any pupil who has been expelled under a policy
34       adopted pursuant to K.S.A. 1998 Supp. 72-89a02 and amendments
35       thereto;
36             (4) the identity of any pupil who has been adjudged to be a juvenile
37       offender and whose offense, if committed by an adult, would constitute
38       a felony under the laws of Kansas or the state where the offense was
39       committed, except that this subsection shall not apply to an adjudication
40       as a juvenile offender involving a felony theft offense involving no direct
41       threat to human life; and
42             (5) the identity of any pupil who has been tried and convicted as an
43       adult of any felony, except that this subsection shall not apply to any felony

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  1       conviction of theft involving no direct threat to human life engaged in
  2       any conduct which may result in serious injury to self or others. School
  3       employees and administrators shall not be required to report knowledge
  4       of a pupil specified in this subsection beyond the current school year.
  5        If a school employee has information that a pupil is a pupil to
  6       whom the provisions of this section apply, the school employee shall
  7       report such information and identify the pupil to the superintendent
  8       of schools. The superintendent of schools shall investigate the mat-
  9       ter and, upon determining that the identified pupil is a pupil to
10       whom the provisions of this section apply, shall provide the reported
11       information and identify the pupil to all school employees who are
12       directly involved or likely to be directly involved in teaching or
13       providing other school related services to the pupil. The provisions
14       of this section apply to:
15             (1) Any pupil who has been expelled for the reason provided by
16       subsection (c) of K.S.A. 72-8901, and amendments thereto, for con-
17       duct which endangers the safety of others;
18             (2) any pupil who has been expelled for the reason provided by
19       subsection (d) of K.S.A. 72-8901, and amendments thereto;
20             (3) any pupil who has been expelled under a policy adopted
21       pursuant to K.S.A. 1998 Supp. 72-89a02, and amendments thereto;
22             (4) any pupil who has been adjudged to be a juvenile offender
23       and whose offense, if committed by an adult, would constitute a
24       felony under the laws of Kansas or the state where the offense was
25       committed, except any pupil adjudicated as a juvenile offender for
26       a felony theft offense involving no direct threat to human life; and
27             (5) any pupil who has been tried and convicted as an adult of
28       any felony, except any pupil convicted of a felony theft crime in-
29       volving no direct threat to human life.
30             A school employee and the superintendent of schools shall not be
31       required to report information concerning a pupil specified in this
32       subsection if the expulsion, adjudication as a juvenile offender, [or]
33       conviction of a felony or conduct which could result in serious in-
34       jury to self or others occurred more than 365 days prior to the
35       school employee's report to the superintendent of schools.
36             (b) Each board of education shall adopt a policy that includes:
37             (1) A requirement that an immediate report be made to the appro-
38       priate state or local law enforcement agency by or on behalf of any school
39       employee who knows or has reason to believe that an act has been com-
40       mitted a pupil has engaged in any conduct an act has been committed
41       at school, on school property, or at a school supervised activity and that
42       the act involved conduct and that the act involved conduct which con-
43       stitutes the commission of a felony or misdemeanor may result in serious

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  1       injury of a pupil to self or others constitutes the commission of a felony
  2       or misdemeanor or which involves the possession, use or disposal of
  3       explosives, firearms or other weapons; and
  4             (2) the procedures for making such a report.
  5             (c) Administrators and other school School employees shall not be
  6       subject to the provisions of subsection (b) of K.S.A. 1998 Supp. 72-89b04
  7       and amendments thereto if:
  8             (1) They follow the procedures from a policy adopted pursuant to the
  9       provisions of subsection (b); or
10             (2) their board of education fails to adopt such policy.
11             (d) Each board of education shall annually compile and report to the
12       state board of education at least the following information relating to
13       school safety and security: The types and frequency of criminal acts that
14       are required to be reported pursuant to the provisions of subsection (b),
15       disaggregated by occurrences at school, on school property and at school
16       supervised activities. The report shall be incorporated into and become
17       part of the current report required under the quality performance ac-
18       creditation system.
19             (e) Each board of education shall make available to pupils and their
20       parents, to school employees and, upon request, to others, district policies
21       and reports concerning school safety and security, including those re-
22       quired by this subsection, except that the provisions of this subsection
23       shall not apply to the disclosures required reports made by a superin-
24       tendent of schools and school employees pursuant to subsection (a).
25             (f) Nothing in this section shall be construed or operate in any man-
26       ner so as to prevent any school employee from reporting criminal acts to
27       school officials and to appropriate state and local law enforcement
28       agencies.
29             (g) The state board of education shall extract the information relating
30       to school safety and security from the quality performance accreditation
31       report and transmit the information to the governor, the legislature, the
32       attorney general, the secretary of health and environment, and the sec-
33       retary of social and rehabilitation services and the commissioner of ju-
34       venile justice.
35             (h) No board of education and no member of any such board shall
36       be liable for damages in a civil action for the actions or omissions of any
37       administrator pursuant to the requirements and provisions of the Kansas
38       school safety and security act and to this end such board and members
39       thereof shall have immunity from civil liability related thereto. No ad-
40       ministrator or school employee shall be liable for damages in a civil action
41       for the actions or omissions of such administrator or school employee
42       pursuant to the requirements and provisions of the Kansas school safety
43       and security act and to this end such administrator or school employee

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  1       shall have immunity from civil liability related thereto.
  2        (h) No board of education, member of any such board, super-
  3       intendent of schools or school employee shall be liable for damages
  4       in a civil action resulting from a person's good faith acts or
  5       omissions in complying with the requirements or provisions of the
  6       Kansas school safety and security act.
  7        Sec.  7. K.S.A. 72-5386 is hereby amended to read as follows:
  8       72-5386. (a) This act section shall apply to all school districts and to
  9       every pupil of any school district. As used in this section, the term
10       "school records" means transcripts, grade cards, the results of tests, as-
11       sessments or evaluations, and all other personally identifiable records, files
12       and data directly related to a pupil.
13             (b) All school district property in the possession of any pupil
14       shall be returned to the proper school district authority or paid for
15       by the pupil upon transfer of the pupil from the school district. The
16       school records of any such pupil shall not be forwarded until the pupil
17       has complied with the provisions of this section withheld for any reason.
18       Any A school district authority withholding any pupil records under
19       the requirements of this section shall advise, upon receipt of any request
20       for such records, the requesting party that the records are being withheld
21       under the requirements of this section and shall provide with such ad-
22       vice a fully itemized statement list of the school district property and
23       its value for which the pupil is charged in the possession of the pupil. In
24       the event that such school district authority receives an affidavit
25       stating that the pupil's parents are unable to pay for or return the
26       school district property which is lost or missing, such school district
27       authority shall forward the pupil's records as requested and note in the
28       school records of the pupil that the pupil has complied with the pro-
29       visions of this section. In the event that such a school district au-
30       thority receives an affidavit from the board of education of another
31       school district or from the governing authority of a nonpublic
32       school stating that the a pupil's records are being requested as proof
33       of identity of the pupil pursuant to the provisions of K.S.A. 72-
34       53,106, and amendments thereto, such school district authority
35       shall forward a certified copy of that part of the pupil's records
36       which provides information regarding the identity of the pupil.
37             (c) The school records of each pupil are the property of the pupil and
38       shall not be withheld by any school district. Upon request of a pupil or
39       the parent of a pupil, the school records of the pupil shall be given to such
40       pupil or parent, or, upon transfer of the pupil to another school district
41       or to a nonpublic school, shall be forwarded to such school district or
42       nonpublic school. A pupil's records forwarded to another school district
43       due to transfer will include original copies of all the students records,

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  1       including transcripts, grade cards, results of tests, assessments or evalu-
  2       ations, and all other personally identifiable records, files and data directly
  3       related to the pupil. 
  4       Sec.  7. 8. K.S.A. 72-5386 and K.S.A. 1998 Supp. 38-1502, 38-
  5       1502c, 38-1507, 38-1602, 38-1602a, 38-1655, 72-89b02 and 72-89b03 are
  6       hereby repealed.
  7        Sec.  8. 9. This act shall take effect and be in force from and after its
  8       publication in the statute book.