An Act concerning schools; relating to policies requiring expulsion of pupils for possession of weapons; designating persons who may conduct hearings on policy violations; au- thorizing modification of the expulsion requirement; providing for suspension or revo- cation of pupil transportation privileges or entitlements under certain circumstances; amending K.S.A. 72-8302 and K.S.A. 1995 Supp. 72-89a01 and 72-89a02 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1995 Supp. 72-89a01 is hereby amended to read as follows: 72-89a01. As used in this act:

(a) ``Board of education'' means the board of education of a unified school district or the governing authority of an accredited nonpublic school.

(b) ``School'' means a public school or an accredited nonpublic school.

(c) ``Public school'' means a school operated by a unified school dis- trict organized under the laws of this state.

(d) ``Accredited nonpublic school'' means a nonpublic school partic- ipating in the quality performance accreditation system.

(e) ``Chief administrative officer of a school'' means, in the case of a public school, the superintendent of schools and, in the case of an ac- credited nonpublic school, the person designated as chief administrative officer by the governing authority of the school.

(f) ``Federal law'' means the individuals with disabilities education act and, section 504 of the rehabilitation act, the gun-free schools act of 1994, and regulations adopted pursuant thereto to such acts.

(g) ``Secretary of education'' means the secretary of the United States department of education.

(h) ``Weapon'' means (1) any weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explo- sive; (2) the frame or receiver of any weapon described in the preceding example; (3) any firearm muffler or firearm silencer; (4) any explosive, incendiary, or poison gas (A) bomb, (B) grenade, (C) rocket having a propellant charge of more than four ounces, (D) missile having an explo- sive or incendiary charge of more than 1/4 ounce (E) mine, or (F) similar device; (5) any weapon which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than 1/2 inch in diameter; (6) any combination of parts either designed or intended for use in converting any device into any destructive device described in the two immediately preceding examples, and from which a destructive device may be readily assembled. The term ``weapon'' does not include within its meaning (1) an antique firearm; (2) a rifle which the owner intends to use solely for sporting, recreational, or cultural purposes; (3) any device which is neither designed nor redesigned for use as a weapon; (4) any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; (5) surplus ordinance sold, loaned, or given by the secretary of the army pursuant to the provisions of section 4684(2), 4685, or 4686 of title 10 of the United States Code; (6) class C common fireworks.

Sec. 2. K.S.A. 1995 Supp. 72-89a02 is hereby amended to read as follows: 72-89a02. (a) Notwithstanding the provisions of subsection (a) of K.S.A. 72-8902, and amendments thereto, and subject to the other pro- visions of this section, each board of education in this state shall adopt a written policy requiring the expulsion from school for a period of not less than one year any pupil determined to be in possession of a weapon at school, on school property, or at a school supervised activity. The policy shall be filed with the state board of education in such manner as the state board shall require and at a time to be determined and specified by the state board.

(b) To the extent that the provisions contained in article 89 of chapter 72 of Kansas Statutes Annotated do not conflict with the requirements of this act, such provisions shall apply to and be incorporated in the policy required to be adopted under subsection (a).

(c) If a pupil required to be expelled pursuant to a policy adopted under subsection (a) is confined in the custody of the secretary of social and rehabilitation services or the secretary of corrections as a result of the violation upon which the expulsion is to be based, the hearing re- quired under the provisions of article 89 of chapter 72 of Kansas Statutes Annotated shall be delayed until the pupil is released from custody.

(d) A hearing afforded a pupil required to be expelled pursuant to a policy adopted under subsection (a) shall be conducted by the chief ad- ministrative officer or other certificated employee of the school in which the pupil is enrolled, by any committee of certificated employees of the school in which the pupil is enrolled, or by a hearing officer appointed by the board of education of the school in which the pupil is enrolled. If the pupil is an exceptional child, as defined in K.S.A. 72-962, and amend- ments thereto, the chief administrative officer conducting the hearing may modify the expulsion requirement in a manner which is consistent with the requirements of federal law.

(e) The chief administrative officer of the school in which a pupil required to be expelled pursuant to a policy adopted under subsection (a) is enrolled may modify the expulsion requirement in a manner which is consistent with the requirements of federal law. Nothing in this subsection shall be applied or construed in any manner so as to require the chief administrative officer of a school to modify the expulsion requirement of a policy adopted by a board of education pursuant to the provisions of subsection (a).

(e) (f) The policy adopted by a board of education under subsection (a) shall contain a procedure for the referral of any pupil determined to be in possession of a weapon at school, on school property, or at a school supervised activity to the appropriate state and local law enforcement agencies and, if the pupil is a juvenile, to the secretary of social and rehabilitation services.

(f) (g) Each board of education shall prepare an annual report on a form prescribed and furnished by the state board of education that con- tains a description of the circumstances surrounding any expulsions im- posed on pupils pursuant to a policy adopted under subsection (a), in- cluding the name of the school or schools concerned, the number of pupils expelled, and the type of weapons concerned. The report shall be submitted to the state board of education in such manner as the state board shall require and at a time to be determined and specified by the state board.

(g) (h) The provisions of this section do not apply to the possession by pupils of weapons at school, on school property, or at a school super- vised activity if the possession of weapons by pupils is connected with a weapons safety course of instruction or a weapons education course ap- proved and authorized by the school or if the possession of weapons by pupils is specifically authorized in writing by the chief administrative of- ficer of the school.

Sec. 3. K.S.A. 72-8302 is hereby amended to read as follows: 72- 8302. (a) The board of education of a school district may provide or furnish transportation for pupils who reside in the school district to or from any school of the school district or to or from any school of another school district attended by such pupils in accordance with the provisions of an agreement entered into under authority of K.S.A. 72-8233, and amendments thereto.

(b) (1) When any or all of the conditions specified in this subsection provision exist, the board of education of a school district shall provide or furnish transportation for pupils who reside in the school district and who attend any school of the school district or who attend any school of another school district in accordance with the provisions of an agreement entered into under authority of K.S.A. 72-8233, and amendments thereto. The conditions which apply to the requirements of this subsection pro- vision are as follows:

(1) (A) The residence of the pupil is inside or outside the corporate limits of a city, the school building attended is outside the corporate limits of a city and the school building attended is more than 21/2 miles by the usually traveled road from the residence of the pupil,; or

(2) (B) the residence of the pupil is outside the corporate limits of a city, the school building attended is inside the corporate limits of a city and the school building attended is more than 21/2 miles by the usually traveled road from the residence of the pupil,; or

(3) (C) the residence of the pupil is inside the corporate limits of one city, the school building attended is inside the corporate limits of a dif- ferent city and the school building attended is more than 21/2 miles by the usually traveled road from the residence of the pupil.

(2) The provisions of this subsection are subject to the provisions of subsections (c) and (d).

(c) The board of education of every school district is authorized to adopt rules and regulations to govern the conduct, control and discipline of all pupils while being transported in school buses. The board may suspend or revoke the transportation privilege or entitlement of any pupil who violates any rules and regulations adopted by the board under au- thority of this subsection.

(d) The board of education of every school district may suspend or revoke the transportation privilege or entitlement of any pupil who is detained at school at the conclusion of the school day for violation of any rules and regulations governing pupil conduct or for disobedience of an order of a teacher or other school authority. Suspension or revocation of the transportation privilege or entitlement of any pupil specified in this subsection shall be limited to the school day or days on which the pupil is detained at school. The provisions of this subsection do not apply to any pupil who has been determined to be an exceptional child, except gifted children, under the provisions of the special education for excep- tional children act.

Sec. 4. K.S.A. 72-8302 and K.S.A. 1995 Supp. 72-89a01 and 72- 89a02 are hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its publication in the Kansas register.

Approved April 10, 1996.

Published in the Kansas Register: April 18, 1996.