CHAPTER 138 SENATE BILL No. 432 An Act concerning schools and school districts; relating to employment of personnel; es-
tablishing the national board for professional teaching standards certification incentive
program and the Kansas mentor teacher program; relating to suspension or expulsion
of pupils from school; providing for preparation of a strategy for development and im-
plementation of a mastery of basic reading skills program; amending K.S.A. 1999 Supp.
72-8902 and 72-8904 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      New Section  1. (a) On and after the effective date of this act, the
board of education of a school district shall require, as a condition of
initial employment by the district, that an applicant be subjected to a
statewide and nationwide criminal history records check by the Kansas
bureau of investigation which conforms to applicable federal standards
and includes the taking of the applicant's fingerprints. An applicant for
employment by a school district in a position that requires a certificate
issued by the state board of education shall authorize release of the results
of the criminal history records check to the state board and an applicant
for employment by a school district in a classified position shall authorize
release of the results of the criminal history records check to the board
of education of the school district. The board of education of the school
district shall pay the costs of criminal history records checks required by
this subsection.

      (b) Criminal history record information, other than conviction data,
released by the Kansas bureau of investigation to the state board of ed-
ucation or to the board of education of a school district shall be confi-
dential. Any disclosure of such confidential information by a member of
the state board of education or by a member of the board of education
of a school district shall be subject to any civil or criminal penalties im-
posed by law for violations of the duty of confidentiality imposed upon
the Kansas bureau of investigation and shall constitute grounds for re-
moval from office.

      (c) The state board of education shall inform the board of education
of a school district whether or not an applicant for employment by the
school district in a position that requires a certificate issued by the state
board is eligible for employment. Except as otherwise provided in sub-
section (d), no applicant shall be eligible for employment by a school
district if the results of the criminal history records check required by
subsection (a) reveal that the applicant has been convicted of any offense
or attempt to commit any offense specified in K.S.A. 1999 Supp. 72-1397,
and amendments thereto.

      (d) The board of education of a school district may offer provisional
employment to an applicant pending receipt of the results of the criminal
history records check required by subsection (a). Any contract for pro-
visional employment offered to an applicant under authority of this sub-
section shall specify that the contract is subject to termination by the
board of education, without further proceedings and without reference
to any other law or contractual arrangement, if the results of the criminal
history records check reveal that the applicant has been convicted of any
offense or attempt to commit any offense specified in K.S.A. 1999 Supp.
72-1397, and amendments thereto.

      (e) For the purposes of this section, the term ``applicant'' means any
person who has applied for employment by a school district, has been
offered a position of employment by the school district, and has not had
a fixed and continuous residence in this state for at least 10 years im-
mediately preceding submission of an application for employment by the
school district.

      (f) Neither the state board of education, the board of education of
a school district, nor any member of the state board or a board of edu-
cation, shall be liable for civil damages to any person refused employment
by reason of compliance, in good faith, with the provisions of this section.

      (g) The provisions of this section shall expire on June 30, 2001.

      New Sec.  2. (a) The national board for professional teaching stan-
dards certification incentive program is hereby established for the pur-
pose of rewarding teachers who have attained certification from the na-
tional board. Teachers who have attained certification from the national
board shall be issued a master teacher's certificate by the state board of
education. A master teacher's certificate shall be valid for 10 years and
renewable thereafter every 10 years through compliance with continuing
education and professional development requirements prescribed by the
state board. Teachers who have attained certification from the national
board and who are employed by a school district shall be paid an incentive
bonus in the amount of $1,000 each school year, not exceeding 10 years,
that the teacher remains employed by a school district and retains a valid
master teacher's certificate.

      (b) The board of education of each school district employing one or
more national board certified teachers shall pay the incentive bonus to
each such teacher in each school year that the teacher retains eligibility
for such payment. Each board of education which has made payments of
incentive bonuses to national board certified teachers under this subsec-
tion may file an application with the state board of education for state aid
and shall certify to the state board the amount of such payments. The
application and certification shall be on a form prescribed and furnished
by the state board, shall contain such information as the state board shall
require and shall be filed at the time specified by the state board.

      (c) In each school year, each school district employing one or more
national board certified teachers is entitled to receive from appropriations
for the national board for professional teaching standards certification
incentive program an amount which is equal to the amount certified to
the state board of education in accordance with the provisions of subsec-
tion (b). The state board shall certify to the director of accounts and
reports the amount due each school district. The director of accounts and
reports shall draw warrants on the state treasurer payable to the treasurer
of each school district entitled to payment under this section upon vouch-
ers approved by the state board.

      (d) Moneys received by a board of education under this section shall
be deposited in the general fund of the school district. Moneys deposited
in the general fund of the school district under this subsection shall be
considered reimbursements to the district for the purpose of the school
district finance and quality performance act and may be expended
whether the same have been budgeted or not.

      (e) As used in this section, the term school district means any school
district organized and operating under the laws of this state.

      New Sec.  3. As used in sections 3 through 6 and amendments
thereto:

      (a) ``Mentor teacher program'' means a program established and
maintained by the board of education of a school district for the purpose
of providing probationary teachers with professional support and the con-
tinuous assistance of an on-site mentor teacher.

      (b) ``Mentor teacher'' means a certificated teacher who has com-
pleted at least three consecutive school years of employment in the school
district, has been selected by the board of education of the school district
on the basis of having demonstrated exemplary teaching ability as indi-
cated by criteria established by the state board of education, and has
participated in and successfully completed a training program for mentor
teachers provided for by the board of education of the school district in
accordance with guidelines prescribed by the state board of education.
The primary function of a mentor teacher shall be to provide probationary
teachers with professional support and assistance. A mentor teacher may
provide assistance and guidance to not more than two probationary teach-
ers.

      (c) ``Probationary teacher'' means a certificated teacher to whom the
provisions of K.S.A. 72-5438 through 72-5443, and amendments thereto,
do not apply.

      New Sec.  4. (a) The board of education of each school district may
establish and maintain a mentor teacher program and, commencing with
the 2001-02 school year, may apply for a grant of state moneys for the
purpose of providing stipends for mentor teachers.

      (b) To be eligible to receive a grant of state moneys for maintenance
of a mentor teacher program, a board of education shall submit to the
state board of education an application for a grant and a description of
the program. The application and description shall be prepared in such
form and manner as the state board shall require and shall be submitted
at a time to be determined and specified by the state board. Approval by
the state board of the program and the application is prerequisite to the
award of a grant.

      (c) Each board of education which is awarded a grant for mainte-
nance of a mentor teacher program shall make such periodic and special
reports of statistical and financial information to the state board of edu-
cation as it may request.

      New Sec.  5. (a) On or before January 1, 2001, the state board of
education shall adopt rules and regulations for the administration of men-
tor teacher programs and shall:

      (1) Establish standards and criteria for evaluating and approving
mentor teacher programs and applications of school districts for grants;

      (2) evaluate and approve mentor teacher programs;

      (3) establish criteria for determination of exemplary teaching ability
of certificated teachers for qualification as mentor teachers;

      (4) prescribe guidelines for the selection by boards of education of
mentor teachers and for the provision by boards of education of training
programs for mentor teachers;

      (5) be responsible for awarding grants to school districts; and

      (6) request of and receive from each school district which is awarded
a grant for maintenance of a mentor teacher program reports containing
information with regard to the effectiveness of the program.

      (b) Subject to the availability of appropriations for mentor teacher
programs maintained by school districts, and within the limits of any such
appropriations, the state board of education shall determine the amount
of grants to be awarded school districts by multiplying an amount not to
exceed $1,000 by the number of mentor teachers participating in the
program maintained by a school district. The product is the amount of
the grant to be awarded to the district. Upon receipt of a grant of state
moneys for maintenance of a mentor teacher program, the amount of the
grant shall be deposited in the general fund of the school district. Moneys
deposited in the general fund of a school district under this subsection
shall be considered reimbursements for the purpose of the school district
finance and quality performance act. The full amount of the grant shall
be allocated among the mentor teachers employed by the school district
so as to provide a mentor teacher with an annual stipend in an amount
not to exceed $1,000. Such annual stipend shall be over and above the
regular salary to which the mentor teacher is entitled for the school year.

      New Sec.  6. The state board of education shall provide any board,
upon request, with technical advice and assistance regarding the estab-
lishment and maintenance of a mentor teacher program or an application
for a grant of state moneys.

      Sec.  7. K.S.A. 1999 Supp. 72-8902 is hereby amended to read as
follows: 72-8902. (a) (1) Except as authorized in provision (2), A suspen-
sion may be for a short term not exceeding five 10 school days, or for an
extended term not exceeding 90 school days. An expulsion may be for a
term not exceeding 186 school days. If a suspension or expulsion is for a
term exceeding the number of school days remaining in the school year,
any remaining part of the term of the suspension or expulsion may be
applied to the succeeding school year.

      (2) A short-term suspension may be imposed for not more than 10
school days if a pupil: (A) Carries a weapon to school, onto school prop-
erty, or to a school supervised activity; (B) knowingly possesses or uses
illegal drugs or sells or solicits the sale of a controlled substance while at
school, on school property or at a school supervised activity; or (C) has
engaged in behavior which resulted in, or was substantially likely to have
resulted in, injury to the pupil or to others.

      (3) For the purposes of this provision, the following definitions apply:
(A) ``Controlled substance'' means a drug or other substance identified
under schedules I, II, III, IV, or V in 21 U.S.C. 812(c); (B) ``illegal drug''
means a controlled substance but does not include such a substance that
is legally possessed or used under the supervision of a licensed health-
care professional or that is legally possessed or used under any other
authority under any federal or state law; and (C) ``weapon'' means a
weapon, device, instrument, material, or substance, animate or inanimate,
that is used for, or is readily capable of, causing death or serious bodily
injury, except that such term does not include a pocket knife with a blade
of less than 21/2 inches in length.

      (b)  (1) Except as authorized in provision (2), no suspension for a
short term shall be imposed upon a pupil without giving the pupil notice
of the charges and affording the pupil an opportunity for a hearing
thereon. The notice may be oral or written and the hearing may be held
immediately after the notice is given. The hearing may be conducted
informally but shall include the following procedural due process require-
ments: (A) The right of the pupil to be present at the hearing; (B) the
right of the pupil to be informed of the charges; (C) the right of the pupil
to be informed of the basis for the accusation; and (D) the right of the
pupil to make statements in defense or mitigation of the charges or ac-
cusations. Refusal of a pupil to be present at the hearing will constitute
a waiver of the pupil's opportunity for a hearing.

      (2) A short-term suspension may be imposed upon a pupil forthwith,
and without affording the pupil a hearing if the presence of the pupil
endangers other persons or property or substantially disrupts, impedes or
interferes with the operation of the school.

      (c) A written notice of any short-term suspension and the reason
therefor shall be given to the pupil involved and to the pupil's parent or
guardian within 24 hours after the suspension has been imposed and, in
the event the pupil has not been afforded a hearing prior to any short-
term suspension, an opportunity for an informal hearing shall be afforded
the pupil as soon thereafter as practicable but in no event later than 72
hours after such short-term suspension has been imposed. Any notice of
the imposition of a short-term suspension that provides an opportunity
for an informal hearing after such suspension has been imposed shall state
that failure of the pupil to attend the hearing will result in a waiver of the
pupil's opportunity for the hearing.

      (d) No suspension for an extended term and no expulsion shall be
imposed upon a pupil until an opportunity for a formal hearing thereon
is afforded the pupil. A written notice of any proposal to suspend for an
extended term or to expel from school, and the charges upon which the
proposal is based shall be given to the pupil proposed to be suspended
or expelled from school, and to the pupil's parent or guardian. Any notice
of a proposal to suspend for an extended term or to expel from school
shall state the time, date and place that the pupil will be afforded an
opportunity for a formal hearing, and that failure of the pupil and the
pupil's parent or guardian to attend the hearing will result in a waiver of
the pupil's opportunity for the hearing. The hearing shall be held not later
than 10 days after the date of the notice. The notice shall be accompanied
by a copy of this act and the regulations of the board of education adopted
under K.S.A. 72-8903, and amendments thereto.

      (e) Whenever any written notice is required under this act to be
given to a pupil or to a pupil's parent or guardian, it shall be sufficient if
the notice is mailed to the address on file in the school records of the
pupil. In lieu of mailing the written notice, the notice may be personally
delivered.

      (f) A formal hearing on a suspension or expulsion may be conducted
by any certificated employee person or committee of certificated em-
ployees persons authorized by the board of education to conduct the
hearing.

      Sec.  8. K.S.A. 1999 Supp. 72-8904 is hereby amended to read as
follows: 72-8904. (a) Written notice of the result of any hearing imposing
an extended-term suspension or an expulsion from school shall be given
to the pupil suspended or expelled from school, and to the parents or
guardians of the pupil within 24 hours after determination of such result.

      (b) Any pupil, age 18 or older, who has been suspended for an ex-
tended term or expelled, or one of the pupil's parents or guardians of a
pupil under age 18, may appeal such suspension or expulsion to the board
of education of the school district by filing a written notice of appeal with
the clerk of the board of education not later than 10 calendar days after
receiving the written notice. Any such appeal shall be heard by the board
of education, or by a hearing officer appointed by such board, not later
than 20 calendar days after such notice of appeal is filed. The pupil and
the pupil's parents or guardians shall be notified in writing of the time
and place of the appeal hearing at least five days prior thereto. Such
appeal shall be conducted under rules which are consonant with K.S.A.
72-8903, and amendments thereto. The decision on any such appeal shall
be rendered not later than five days after the conclusion of the appeal
hearing.

      (c) For the purpose of hearing an appeal of an extended-term sus-
pension or an expulsion, the board of education may appoint one or more
hearing officers. Any such hearing officer shall be a member of the board
of education, a certificated employee of the school district, or an attorney
admitted to the practice of law in this state. Any such appointment shall
apply to a particular hearing or to a set or class of hearings as specified
by the board of education in making the appointment. Whenever a hear-
ing officer appointed under authority of this section hears any appeal, the
hearing officer shall prepare a written report thereon to the board of
education. After receiving any such report, the board of education shall
determine the matter with or without additional hearing. Any matter de-
termined by the board of education in accordance with this subsection
shall be valid to the same extent as if the matter were fully heard by the
board of education without a hearing officer.

      New Sec.  9. (a) The state board of education shall prepare a strategy
for identifying, developing, and implementing a mastery of basic reading
skills program in kindergarten and each of grades one through three of
school districts based upon the goal of mastery of basic reading skills by
pupils upon completion of the third grade. In carrying out this directive,
the state board shall:

      (1) Identify state standards and outcomes of mastery of basic reading
skills in kindergarten and each of grades one through three;

      (2) prepare a plan for monitoring the progress of pupils in kinder-
garten and at each applicable grade level in achieving mastery of basic
reading skills; and

      (3) specify the means to be used for determining mastery of basic
reading skills by each pupil upon completion of grade three.

      (b) The state board's strategy shall include a component for requiring
school districts to provide interventions for pupils who are not making
satisfactory progress toward mastering basic reading skills such as, but not
limited to, a restructured school day, additional school days, summer
school, or individualized instruction.

      (c) The state board of education shall report to the 2001 legislature
a strategy and proposed plan for implementing the mastery of basic read-
ing skills program with development of standards during the 2001-02
school year and commencement of the plan in the 2002-03 school year.
The state board report to the 2001 legislature shall include estimates of
the cost to the state of implementing the program. 
Sec.  10. K.S.A. 1999 Supp. 72-8902 and 72-8904 are hereby re-
pealed.

 Sec.  11. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 9, 2000.
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