72-89b03. Information regarding identity of specified pupils, disclosure requirements; criminal acts, reports to law enforcement agencies and state board of education; school safety and security polic
72-89b03
72-89b03. Information regarding identity ofspecified pupils, disclosure requirements; criminal acts, reports to lawenforcement agencies and state board of education; school safety and securitypolicies, availability; civil liability, immunity.(a) If a school employee has information that a pupil is a pupil to whom theprovisions of this subsection apply, the school employee shall report suchinformation and identify the pupil to the superintendent of schools. Thesuperintendent of schools shall investigate the matter and, upon determiningthat the identified pupil is a pupil to whom the provisions of this subsectionapply, shall provide the reported information and identify the pupil to allschool employees who are directly involved or likely to be directly involved inteaching or providing other school related services to the pupil. Theprovisions of this subsection apply to:
(1) Any pupil who has been expelled for the reason provided by subsection (c)of K.S.A. 72-8901, and amendments thereto, for conduct which endangers thesafety of others;
(2) any pupil who has been expelled for the reason provided by subsection (d)of K.S.A. 72-8901, and amendments thereto;
(3) any pupil who has been expelled under a policy adopted pursuant to K.S.A.72-89a02, and amendments thereto;
(4) any pupil who has been adjudged to be a juvenile offender and whoseoffense, if committed by an adult, would constitute a felony under the laws ofKansas or the state where the offense was committed, except any pupiladjudicated as a juvenile offender for a felony theft offense involving nodirect threat to human life; and
(5) any pupil who has been tried and convicted as an adult of any felony,except any pupil convicted of a felony theft crime involving no directthreat to human life.
A school employee and the superintendent of schools shall not be required toreport information concerning a pupil specified in this subsection if theexpulsion, adjudication as a juvenile offender or conviction of a felonyoccurred more than 365 days prior to the school employee's report to thesuperintendent of schools.
(b) Each board of education shall adopt a policy that includes:
(1) A requirement that an immediate report be made to the appropriate stateor local law enforcement agency by or on behalf of any school employee whoknows or has reason to believe that an act has been committed at school, onschool property, or at a school supervised activity and that the act involvedconduct which constitutes the commission of a felony or misdemeanor or whichinvolves the possession, use or disposal of explosives, firearms or otherweapons; and
(2) the procedures for making such a report.
(c) School employees shall not be subject to the provisions of subsection(b) of K.S.A. 72-89b04 and amendments thereto if:
(1) They follow the procedures from a policy adopted pursuant to theprovisions of subsection (b); or
(2) their board of education fails to adopt such policy.
(d) Each board of education shall annually compile and report to the stateboard of education at least the following information relating to school safetyand security:The types and frequency of criminal acts that are required to be reportedpursuant to the provisions of subsection (b), disaggregated by occurrences atschool, on school property and at school supervised activities. The reportshall be incorporated into and become part of the current report required underthe quality performance accreditation system.
(e) Each board of education shall make available to pupils and their parents,to school employees and, upon request, to others, district policies and reportsconcerning school safety and security, except that the provisions of thissubsection shall not apply to reports made by a superintendent of schools andschool employees pursuant to subsection (a).
(f) Nothing in this section shall be construed or operate in any manner so asto prevent any school employee from reporting criminal acts to school officialsand to appropriate state and local law enforcement agencies.
(g) The state board of education shall extract the information relating toschool safety and security from the quality performance accreditation reportand transmit the information to the governor, the legislature, the attorneygeneral, the secretary of health and environment, the secretary of social andrehabilitation services and the commissioner of juvenile justice.
(h) No board of education, member of any such board, superintendent ofschools or school employee shall be liable for damages in a civil actionresulting from a person's good faith acts or omissions in complying with therequirements or provisions of the Kansas school safety and security act.
History: L. 1995, ch. 123, § 3;L. 1996, ch. 87, § 2;L. 1998, ch. 171, § 4;L. 1999, ch. 116, § 47; July 1.