Brief (1)
SB 432, as amended by the House Committee, concerns three measures that relate to school district employees.
Statewide and National Criminal History Records Checks
of Applicants for School District Employment
The bill permits a school district board of education to require, as a condition of initial employment, that an applicant authorize release to the school district (in the case of classified employees) and to the State Board of Education (in the case of certificated employees) the results of a statewide and nationwide criminal history records check by the Kansas Bureau of Investigation which conforms to federal standards and includes taking of the applicant's fingerprints. A school board is required to adopt a policy providing for payment of the costs of these records checks. For purposes of this legislation, "applicant" is a person who has applied for employment by a school district, has been offered employment by the district, and has not had fixed or continuous residence in the state for at least ten years immediately preceding an application of employment by the district.
Criminal history record information, other than conviction data, released by the Kansas Bureau of Investigation to the State Board of Education or to the school district board of education is confidential. Disclosure of this information by a member of the State Board or of the board of education of a school district is subject to any civil or criminal penalties regarding violation of the duty of confidentiality imposed on the Kansas Bureau of Investigation and is grounds for removal from office.
The State Board must inform the school district board whether a certificated applicant is eligible for employment by the district. An applicant is not eligible for employment if the criminal history records check reveals that the person has been convicted of any offense or attempt to commit any offense specified in KSA 1999 Supp. 72-1397, as amended (generally, crimes against persons, sex offenses, crimes affecting family relationships, and felony property crimes).
A school district board may offer provisional employment to an applicant pending receipt of the criminal history records check. These provisional employment contracts must specify that the contract is subject to termination by the board without further proceedings if the results of the criminal history check reveal that the applicant has been convicted of offenses covered under KSA 1999 Supp. 72-1397, as amended.
The State Board of Education, the board of a school district, and members of the State Board or local board are not liable for civil damages to any person refused employment because of good faith compliance with this bill.
Mentor Teacher Program
SB 432 requires school districts to establish a mentor teacher program and authorizes the State Board of Education to award grants to school districts to pay stipends for experienced teachers who serve as mentors to first-year teachers. The grants would be in the amount of $1,000 for each first-year teacher mentored, limited to two first-year teachers per mentor. A "mentor teacher" would be a certificated teacher who has been employed at least three consecutive years by the district, has completed a training program for mentor teachers provided by the State Board of Education, and is considered exemplary on the basis of criteria the State Board has established.
To be eligible for a state grant under the program, a school district board of education's mentor teacher program must secure State Board of Education approval. The State Board would be responsible for establishing criteria for evaluating and approving mentor teacher programs, identifying the criteria for qualification of certificated teachers to serve as mentors, prescribing guidelines for selecting mentor teachers, and providing mentor teacher training programs.
The mentor teacher program would be implemented in the 2000-01 school year.
National Board for Professional Teaching Standards
Certification Initiative
The bill establishes the National Board for Professional Teaching Standards Certification Incentive Program. Under the program, a teacher who attains National Board certification is issued a Master Teacher's certificate by the State Board of Education. The certificate is valid for ten years.
A teacher employed by a Kansas school district who has attained National Board certification will be paid an incentive bonus of $1,000. The bonus is paid each school year for up to ten years, as long as the teacher remains employed by a Kansas school district and retains a valid Master Teacher's Certificate. The bonus is paid by the employing school district, but the school district is entitled to receive state aid under the National Board for Professional Teaching Standards Certification Incentive Program equal to the amount of any bonuses paid. The state aid is deposited in the school district general fund and is treated as a reimbursement.
Background
SB 432, as it passed the Senate, concerned criminal history checks of applicants for employment by school districts. The bill was amended by the House Education Committee to include the contents of HB 2799 and HB 2801, which have passed the House and currently are in the Senate Education Committee.
Regarding the criminal history checks portion of the bill, Senator Vratil, chief sponsor of SB 432, explained that, under current law, a school district is authorized to conduct a statewide criminal history check, but not a nationwide check. Federal law requires language such as is contained in SB 432 in order for school districts to gain access to Federal Bureau of Investigation criminal history records. Provisions of SB 432 would allow school districts to access nationwide criminal history records by conducting a background check. Senator Vratil explained that a check would be performed only on successful job applicants. Senator Vratil proposed amendments to the bill to make the following changes:
These amendments were adopted by the Senate Education Committee.
The fiscal note indicates that in FY 2001, the cost of SB 432 to the State General Fund would be $30,826 for the Department of Education's processing responsibilities. The cost to the school district or applicant for each check would be $41. There would be a cost to the Kansas Bureau of Investigation to process the checks, but a revised fiscal note reflecting amendments to the bill made by the Senate is not available at this time.
The two House bills amended into SB 432 were part of the education reform program introduced by Representatives Tanner and Glasscock. The portion of the bill that contains the contents of HB 2799 was promoted by the sponsors as a measure intended to ensure that students will not have first-year teachers who do not have adequate professional support.
The State Department of Education estimates that 1,000 teachers would be involved in the program during its first year, at a cost of $1,000 per teacher, for a total of $1.0 million. In addition, the State Department estimates it would cost approximately $100,000 to develop the standards and provide the training the bill would require. The estimate consists of the salary of 1.0 FTE Education Program Consultant ($53,753) and associated operating costs ($46,247), which include expenses of the committee that would develop the standards.
The portion of SB 432 that contains the contents of HB 2801 would, according to the sponsors, provide an incentive for seasoned teachers to improve on their experience by attaining National Board Certification. Currently, there are approximately 30 teachers in Kansas who have received National Board Certification. A program leading to National Board Certification is offered by Emporia State University.
The State Department of Education estimates that there will be 30 teachers in Kansas who would qualify for bonuses. The Governor's recommended budget would cover the first-year cost of $1,000 bonuses for these teachers. The cost of the program after four years is estimated to be $270,000, assuming that 80 teachers attain National Board Certification during that period.
The House Committee of the Whole amendments:
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