Chapter 87

HOUSE BILL No. 2821

An Act concerning the Kansas school safety and security act; affecting definitions and provisions of policies required to be adopted by boards of education; amending K.S.A. 1995 Supp. 72-89b02 and 72-89b03 and repealing the existing sections.

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

Section 1. K.S.A. 1995 Supp. 72-89b02 is hereby amended to read as follows: 72-89b02. 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) ``Inherently dangerous criminal act'' means and includes murder, kidnapping and aggravated kidnapping, robbery and aggravated robbery, felony theft, burglary and aggravated burglary, arson and aggravated ar- son, aggravated assault, aggravated battery, any felony drug offense, and any sexually violent crime as defined in K.S.A. 22-3717, and amendments thereto.

Sec. 2. K.S.A. 1995 Supp. 72-89b03 is hereby amended to read as follows: 72-89b03. (a) For the purpose of creating safer and more secure schools and to provide a safe and orderly environment conducive to learn- ing, each board of education shall adopt a policy that will provide for:

(1) A requirement that an immediate report be made to the appro- priate state or local law enforcement agency by or on behalf of any school employee who knows or has reason to believe that an act has been com- mitted or will be committed at school, on school property, or at a school supervised activity and that the act involved or will involve a direct or immediate threat to the safety or security of a human life, conduct which constitutes the commission of a felony or misdemeanor or which involves the possession, use or disposal or of explosives, firearms or other weapons, or the commission of an inherently dangerous criminal act, and the pro- cedures for making such a report;

(2) compiling and reporting annually to the state board of education at least the following information relating to school safety and security: (A) The types and frequency of criminal acts that are required to be reported under provision (1), disaggregated by occurrences at school, on school property and at school supervised activities; and (B) whether such acts were person or nonperson crimes. The report shall be incorporated into and become part of the current report required under the quality performance accreditation system;

(3) making available to pupils and their parents, to school employees and, upon request, to others, district policies and reports concerning school safety and security, including those required by this subsection.

(b) Nothing in this section shall be construed or operate in any man- ner so as to prevent any school employee from reporting criminal acts to school officials and to appropriate state and local law enforcement agen- cies.

(c) The state board of education shall compile the reports that relate extract the information relating to school safety and security from the quality performance accreditation report and transmit the compilation information to the governor, the legislature, the attorney general, the secretary of health and environment, and the secretary of social and re- habilitation services.

Sec. 3. K.S.A. 1995 Supp. 72-89b02 and 72-89b03 are hereby re- pealed.

Sec. 4. This act shall take effect and be in force from and after its publication in the statute book.

Approved March 29, 1996.