72-89b04. Penalties for failure to make reports, preventing or interfering with reports; sanctions for making reports prohibited; immunity from liability.
72-89b04
72-89b04. Penalties for failure to make reports,preventing or interferingwith reports; sanctions for making reports prohibited; immunity fromliability.(a) Willful and knowing failure of a school employee to make areportrequired by subsection (b)(1) of K.S.A. 72-89b03,and amendmentsthereto, is a classB nonperson misdemeanor. Preventing or interfering with, with the intent toprevent, the making of a report required by subsection (b)(1)of K.S.A.72-89b03, andamendments thereto, is a class B nonperson misdemeanor.
(b) Willful and knowing failure of any employee designated by a board ofeducation to transmitreports made by school employees to the appropriate state or local lawenforcement agency as required by subsection (b)(1) of K.S.A.72-89b03, andamendments thereto, is a class B nonperson misdemeanor. Preventing orinterfering with, with the intent to prevent, the transmission of reportsrequired by subsection (b)(1) of K.S.A. 72-89b03,and amendmentsthereto, is a classB nonperson misdemeanor.
(c) No board of education shall terminate the employment of, orprevent or impair the profession of, or impose any other sanction on any schoolemployee because the employee made an oral or written report to, or cooperatedwith an investigation by, a law enforcement agency relating to any criminal actthat the employee knows has been committed or reasonably believes will becommitted at school, on school property, or at a school supervised activity.
(d) Any board of education, and any member or employee thereof,participating without malice in the making of an oral or written report to alaw enforcement agency relating to any criminal act that is known to have beencommitted or reasonably is believed will be committed at school, on schoolproperty, or at a school supervised activity shall have immunity from any civilliability that might otherwise be incurred or imposed. Any such participantshall have the same immunity with respect to participation in any judicialproceedings resulting from the report.
History: L. 1995, ch. 123, § 4;L. 1999, ch. 116, § 48; July 1.