Brief(1)
H.B. 2341 requires each school district board and accredited nonpublic school governing board to develop, adopt, and disseminate a written policy on pupil discipline and behavior. The policy would be given to all school employees, parents, and pupils. These policies must meet State Board of Education requirements as to form and coverage and be filed with the State Board.
The bill extends to teachers the authority and responsibility to use appropriate means of discipline as are prescribed by the school board in its written policy on pupil discipline and behavior.
School boards are directed to provide legal support to teachers in exercising pupil discipline responsibilities. This includes providing legal representation to defend the teacher against charges, seeking issuance of a warrant for a person who threatens or assaults a teacher, and timely cooperation with authorities in the prosecution of a person who threatens or assaults a teacher.
Background
Representative Kathe Lloyd was the principal proponent of the bill. Representative Lloyd said she believed Kansans expect that students be allowed to learn in a safe classroom setting where order and discipline are maintained and that students learn at the level of their capabilities and achieve accordingly. She said that teachers have asked for a mechanism that would help them in having clear guidelines that would allow them to discipline without fear of litigation. The Kansas National Education Association expressed support for the bill.
The Kansas Trial Lawyers Association (KTLA) opposed provisions of the bill (as introduced) that granted immunity from civil and criminal liability to teachers, school boards, and school administrators in connection with carrying out provisions of the bill. KTLA noted that governmental entities, including school districts, are covered by the Kansas Tort Claims Act. House Education Committee amendments deleted the provisions to which KTLA objected.
The fiscal note for H.B. 2341 in FY 2000 is estimated to be $54,365 from the State General Fund. This is in connection with carrying out the duties assigned to the State Board of Education.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.