72-53,106. Pupil identification; proof required upon first enrollment in a school; duties of schools and law enforcement agencies.
72-53,106
72-53,106. Pupil identification; proof required uponfirst enrollmentin a school; duties of schools and law enforcement agencies.(a) As used in this section:
(1) "School" means every school district and every nonpublic schooloperating in this state.
(2) "School board" means the board of education of a school district orthe governing authority of a nonpublic school.
(3) "Proof of identity" means (A) in the case of a child enrolling inkindergarten or first grade, a certified copy of the birth certificate ofthe child or, as an alternative, for a child who is in the custody of thesecretary of social and rehabilitation services, a certified copy of thecourt order placing the child in the custody of the secretary and, in thecase of a child enrolling in any of the grades two through 12, a certifiedtranscript or other similar pupil records or data; or (B) any documentaryevidence which a school board deems to be satisfactory proof of identity.
(b) Whenever a child enrolls or is enrolled in a school for the firsttime, the school board of the school in which the child in enrolling orbeing enrolled shall require, in accordance with a policy adopted by theschool board, presentation of proof of identity of the child. If proof ofidentity of the child is not presented to the school board within 30 daysafter enrollment, the school board shall immediately give written noticethereof to a law enforcement agency having jurisdiction within the homecounty of the school. Upon receipt of the written notice, the lawenforcement agency shall promptly conduct an investigation to determine theidentity of the child. No person or persons claiming custody of the childshall be informed of the investigation while it is being conducted.
(c) Schools and law enforcement agencies shall cooperate with each otherin the conducting of any investigation required by this section. Schoolpersonnel shall provide law enforcement agencies with access on schoolpremises to any child whose identity is being investigated.Schoolpersonnel shall be present at all times any law enforcement agencypersonnel are on school premises for the purpose of conducting any suchinvestigationunless theschool personnel and the law enforcement agency personnel agree that theirjoint presence is not in the best interests of the child.School personnel who are present during the conducting by alaw enforcement agency of an investigation on school premises to determinethe identity of a child in accordance with the requirements of this sectionare subject to the confidentiality requirements of the revised Kansascode for care of children.
(d) Upon receipt by a school of a notice from a law enforcement agencythat a child who is or has been enrolled in the school has been reported asa missing child, the school shall make note of the same in a conspicuousmanner on the school records of the child and shall keep such schoolrecords separate from the school records of all other children enrolled inthe school. Upon receipt by the school of a request for the school recordsof the child, the school shall notify the law enforcement agency of therequest.
(e) Each school board may designate and authorize one or more of itsschool personnel to act on behalf of the school board in complying with therequirements of this section.
(f) Information gathered in the course of the investigation toestablish the identity of a child pursuant to this section shall beconfidential and shall be used only to establish the identity of the childor in support of any criminal prosecution emanating from the investigation.
History: L. 1986, ch. 268, § 1;L. 2006, ch. 200, § 114; Jan. 1, 2007.