Session of 1999
SENATE BILL No. 321
By Committee on Federal and State Affairs
2-16
9 AN ACT concerning pupils; prohibiting withholding of records; relating
10 to suspension or expulsion; amending K.S.A. 72-5386 and K.S.A. 1998
11 Supp. 72-8907 and 72-89a02 and repealing the existing sections.
12
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 72-5386 is hereby amended to read as follows: 72-
15 5386. (a) This act section shall apply to all school districts and to every
16 pupil of any school district. As used in this section, the term "school re-
17 cords" means transcripts, grade cards, the results of tests, assessments or
18 evaluations, and all other personally identifiable records, files and data
19 directly related to a pupil.
20 (b) All school district property in the possession of any pupil shall be
21 returned to the proper school district authority or paid for by the pupil
22 upon transfer of the pupil from the school district. The school records of
23 any such pupil shall not be forwarded until the pupil has complied with
24 the provisions of this section withheld for any reason. Any A school district
25 authority withholding any pupil records under the requirements of this
26 section shall advise, upon receipt of any request for such records, the
27 requesting party that the records are being withheld under the require-
28 ments of this section and shall provide with such advice a fully itemized
29 statement list of the school district property and its value for which the
30 pupil is charged in the possession of the pupil. In the event that such
31 school district authority receives an affidavit stating that the pupil's par-
32 ents are unable to pay for or return the school district property which is
33 lost or missing, such school district authority shall forward the pupil's
34 records as requested and note in the school records of the pupil that the
35 pupil has complied with the provisions of this section. In the event that
36 such a school district authority receives an affidavit from the board of
37 education of another school district or from the governing authority of a
38 nonpublic school stating that the a pupil's records are being requested as
39 proof of identity of the pupil pursuant to the provisions of K.S.A. 72-
40 53,106, and amendments thereto, such school district authority shall for-
41 ward a certified copy of that part of the pupil's records which provides
42 information regarding the identity of the pupil.
43 (c) The school records of each pupil are the property of the pupil and
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1 shall not be withheld by any school district. Upon request of a pupil or
2 the parent of a pupil, the school records of the pupil shall be given to such
3 pupil or parent, or, upon transfer of the pupil to another school district
4 or to a nonpublic school, shall be forwarded to such school district or
5 nonpublic school. A pupil's records forwarded to another school district
6 due to transfer will include original copies of all the students records,
7 including transcripts, grade cards, results of tests, assessments or evalu-
8 ations, and all other personally identifiable records, files and data directly
9 related to the pupil.
10 Sec. 2. K.S.A. 1998 Supp. 72-8907 is hereby amended to read as
11 follows: 72-8907. A pupil who has been suspended or expelled from
12 school by any school district may be refused admission to school in any
13 other school district, regardless of residency, until such time as the period
14 of suspension or expulsion has expired. In no event shall a school admit
15 a pupil expelled pursuant to the provisions of the weapon-free schools act,
16 K.S.A. 72-89a01 et seq., and amendments thereto, before the expiration
17 of the period of expulsion until such time as the pupil has received a
18 psychological evaluation which determines the pupil presents no risk to
19 the pupil's own physical safety, or to the physical safety of others.
20 Sec. 3. K.S.A. 1998 Supp. 72-89a02 is hereby amended to read as
21 follows: 72-89a02. (a) Notwithstanding the provisions of subsection (a) of
22 K.S.A. 72-8902, and amendments thereto, and subject to the other pro-
23 visions of this section, each board of education in this state shall adopt a
24 written policy requiring the expulsion from school for a period of not less
25 than one year any pupil determined to be in possession of a weapon at
26 school, on school property, or at a school supervised activity. The policy
27 shall be filed with the state board of education in such manner as the
28 state board shall require and at a time to be determined and specified by
29 the state board.
30 (b) To the extent that the provisions contained in article 89 of chapter
31 72 of Kansas Statutes Annotated do not conflict with the requirements
32 of this act, such provisions shall apply to and be incorporated in the policy
33 required to be adopted under subsection (a).
34 (c) If a pupil required to be expelled pursuant to a policy adopted
35 under subsection (a) is confined in the custody of the secretary of social
36 and rehabilitation services, the commissioner of juvenile justice or the
37 secretary of corrections as a result of the violation upon which the ex-
38 pulsion is to be based, the hearing required under the provisions of article
39 89 of chapter 72 of Kansas Statutes Annotated shall be delayed until the
40 pupil is released from custody.
41 (d) A hearing afforded a pupil required to be expelled pursuant to a
42 policy adopted under subsection (a) shall be conducted by the chief ad-
43 ministrative officer or other certificated employee of the school in which
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1 the pupil is enrolled, by any committee of certificated employees of the
2 school in which the pupil is enrolled, or by a hearing officer appointed
3 by the board of education of the school in which the pupil is enrolled.
4 (e) The chief administrative officer of the school in which a pupil
5 required to be expelled pursuant to a policy adopted under subsection
6 (a) is enrolled may modify the expulsion requirement in a manner which
7 is consistent with the requirements of federal law. No pupil whose ex-
8 pulsion has been modified under this section shall be readmitted to school
9 until such time as the pupil has received a psychological evaluation which
10 determines the pupil presents no risk to the pupil's own physical safety,
11 or to the physical safety of others. Nothing in this subsection shall be
12 applied or construed in any manner so as to require the chief adminis-
13 trative officer of a school to modify the expulsion requirement of a policy
14 adopted by a board of education pursuant to the provisions of subsection
15 (a).
16 (f) The policy adopted by a board of education under subsection (a)
17 shall contain a procedure for the referral of any pupil determined to be
18 in possession of a weapon at school, on school property, or at a school
19 supervised activity to the appropriate state and local law enforcement
20 agencies and, if the pupil is a juvenile, to the secretary of social and
21 rehabilitation services or the commissioner of juvenile justice.
22 (g) Each board of education shall prepare an annual report on a form
23 prescribed and furnished by the state board of education that contains a
24 description of the circumstances surrounding any expulsions imposed on
25 pupils pursuant to a policy adopted under subsection (a), including the
26 name of the school or schools concerned, the number of pupils expelled,
27 and the type of weapons concerned. The report shall be submitted to the
28 state board of education in such manner as the state board shall require
29 and at a time to be determined and specified by the state board.
30 (h) The provisions of this section do not apply to the possession by
31 pupils of weapons at school, on school property, or at a school supervised
32 activity if the possession of weapons by pupils is connected with a weapons
33 safety course of instruction or a weapons education course approved and
34 authorized by the school or if the possession of weapons by pupils is
35 specifically authorized in writing by the chief administrative officer of the
36 school.
37 Sec. 4. K.S.A. 72-5386 and K.S.A. 1998 Supp. 72-8907 and 72-89a02
38 are hereby repealed.
39 Sec. 5. This act shall take effect and be in force from and after its
40 publication in the statute book.