Brief ⁽¹⁾

HB 2289 amends the law that provides for suspension of a pupil's driver's license or driving privilege for possession of a weapon or drugs at an accredited school, on school property, or at school-supervised activities, and modifies the definition of "weapon" for purposes of the law pertaining to one-year expulsions from school and one-year suspension or revocation of the driving privilege.

One-Year Suspension of the Driver's License or Revocation of the Driving Privilege. Whenever a pupil age 13 or older has been found in possession of a weapon, controlled substance, or illegal drug at a school site or has engaged in behavior at school, on school property, or at a school supervised activity which has resulted in or was substantially likely to have resulted in serious bodily injury to others, the chief administrative officer so reports to the appropriate law enforcement agency which then investigates the matter, and, within three days (except holidays and weekends), gives written notice to the Division of Vehicles of the Department of Revenue of the act committed by the pupil. After having received the notice, the Division suspends the pupil's driver's license or driving privilege for a period of one year.

The Division of Vehicles notifies the pupil in writing of suspension or revocation of the license or driving privilege. If, within 30 days of receiving the notice, the pupil makes a written request for hearing, the Division will accommodate the request. The hearing scope is limited to determining whether the pupil was in possession of a weapon, controlled substance, or illegal drug at school, on school property, or at a school-supervised activity or was engaged in behavior that resulted in or was substantially likely to result in serious bodily injury to others.

Expansion of "Weapon" Definition. The bill amends laws that prescribe conditions for imposing on a pupil a one-year expulsion from school and a one-year suspension of a pupil's driver's license or revocation of the driving privilege for possession of certain types of weapons at school, on school property, or at a school-supervised activity. The definition of the term "weapon" in these laws is expanded to include an electronic device designed to discharge immobilizing levels of electricity (stun guns).

Background

HB 2289, as introduced, was requested by the Governor's Office. The spokesperson for the Governor explained that two years ago, Governor Graves proposed the legislation which was enacted and which now is proposed to be amended by HB 2289.

The Governor's spokesperson explained that, under current law, the school administrator is required to notify the Division of Vehicles when a pupil over the age of 13 has been suspended from school for possession of a weapon, controlled substance, or illegal drug at school, on school property, or at a school-sponsored activity. The school administrative hearing process provides the due process protections for the pupil. A few school districts have expressed concern that the school administrator's obligation to report student information to the Division of Vehicles might violate the Federal Education Right to Privacy Act (FERPA). The Attorney General's Office has reviewed the law and found a potential violation of FERPA if a school district has a policy of disclosing protected student information. HB 2289, as introduced, proposed to amend the law to require the school administrator to contact law enforcement officers when a pupil is found in possession of a weapon, controlled substance, or illegal drug at school, on school property, or at a school-supervised activity. The law enforcement agency would investigate the matter and make a finding of probable cause regarding the allegation. Upon a finding of probable cause, the law enforcement agency would report its findings to the Division of Vehicles. The Division would notify the pupil that the driving privilege will be suspended. The student is entitled to a hearing on the issue of the appropriateness of the suspension or revocation. The hearing officer must find reasonable evidence to support the allegation.

The Governor's spokesperson said that the proposed modifications had been shared with the Attorney General's Office and were found to address the potential FERPA conflicts.

The Kansas Association of School Boards expressed support for the measure, indicating that it resolved the FERPA issue about which the Association was concerned. There were no other conferees.

The House Committee on Education amended the bill to incorporate a suggestion offered by the spokesperson for the Governor's Office and add the substance of HB 2155 as previously reported by the House Committee on Education to the House of Representatives. HB 2155 contained the "weapon" definition change described in the brief (above).

The House Committee of the Whole amendment pertained to hearings conducted by the Division of Vehicles relative to suspension of a driver's license or revocation of the driving privilege under the bill. Instead of determining whether there are "reasonable grounds to believe the pupil was in possession of" the prohibited weapons or substances, the hearing would determine whether the pupil "committed an act which involved" the possession of such weapons or substances.

The Senate Committee on Education amendments mainly removed the burden on the chief administrative officer of the school to determine whether a pupil had committed an act that would be a crime and to expand the driving privilege sanctions to behavior at school that resulted in or was substantially likely to result in serious bodily injury to others. (This provision is contained in the present law.)

The fiscal note reports that the Department of Education and Department of Revenue indicate that HB 2289, as introduced, would have no fiscal effect on state revenues or expenditures. The fiscal note further states that the Kansas Association of Counties indicated the bill would increase costs to the counties by some unknown amount because it expands the number of incidents that must be investigated by law enforcement.

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/fulltext.cgi