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Session of 2025
HOUSE BILL No. 2142
By Committee on Education
Requested by Representative Estes
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AN ACT concerning school districts; relating to bullying; requiring
adoption of an independent review process as part of the district's
policies prohibiting and preventing bullying; amending K.S.A. 72-6147
and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Any person who makes a report alleging bullying
may request that the school district conduct an independent review if such
person:
(1) Believes that the school administrator did not correctly analyze
the complaint and failed to conduct an investigation of the incident,
because the school administrator believed the alleged conduct did not
constitute bullying;
(2) is dissatisfied with the final determination of the school
administrator following an investigation; or
(3) believes that although a final determination was made that
bullying occurred, the school's response was inadequate to correct the
problem.
(b) Any such request shall be made in writing to the superintendent of
the school district. Upon receipt of such request, the superintendent shall
promptly notify the board of education of the district of such request. The
board of education may conduct its own review or direct the initiation of
an independent review.
(c) Upon direction by the board of education or, after completion of
such board's review, upon renewal of such request by the person who
originally requested an independent review, the superintendent shall
promptly initiate an independent review by a neutral person, and the
school administrator who received the initial report and any other staff
members shall cooperate with the independent review such that the review
may proceed expeditiously. The independent review shall consist of an
interview of the person who made the initial report and any relevant staff
members and a review of the written materials from the school
administrator's investigation.
Sec. 2. K.S.A. 72-6147 is hereby amended to read as follows: 72-
6147. (a) As used in this section and section 1, and amendments thereto:
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(1) "Bullying" means:
(A) Any intentional gesture or any intentional written, verbal,
electronic or physical act or threat either by any student, staff member or
parent towards a student or by any student, staff member or parent towards
a staff member that is sufficiently severe, persistent or pervasive that such
gesture, act or threat creates an intimidating, threatening or abusive
educational environment that a reasonable person, under the
circumstances, knows or should know will have the effect of:
(i) Harming a student or staff member, whether physically or
mentally;
(ii) damaging a student's or staff member's property;
(iii) placing a student or staff member in reasonable fear of harm to
the student or staff member; or
(iv) placing a student or staff member in reasonable fear of damage to
the student's or staff member's property;
(B) cyberbullying; or
(C) any other form of intimidation or harassment prohibited by the
board of education of the school district in policies concerning bullying
adopted pursuant to this section or subsection (e) of K.S.A. 72-1138 (e),
and amendments thereto.
(2) "Cyberbullying" means bullying by use of any electronic
communication device through means including, but not limited to, e-mail,
instant messaging, text messages, blogs, mobile phones, pagers, online
games and websites.
(3) "Parent" includes a guardian, custodian or other person with
authority to act on behalf of the child.
(4) "School district" or "district" means any unified school district
organized and operating under the laws of this state.
(5) "School vehicle" means any school bus, school van, other school
vehicle and private vehicle used to transport students or staff members to
and from school or any school-sponsored activity or event.
(6) "Staff member" means any person employed by a school district.
(b) The board of education of each school district shall adopt a policy
to prohibit bullying either by any student, staff member or parent towards
a student or by a student, staff member or parent towards a staff member
on or while utilizing school property, in a school vehicle or at a school-
sponsored activity or event . Such policy shall include procedures for an
independent review of school administrator determinations in accordance
with section 1, and amendments thereto.
(c) The board of education of each school district shall adopt and
implement a plan to address bullying either by any student, staff member
or parent towards a student or by a student, staff member or parent towards
a staff member on school property, in a school vehicle or at a school-
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sponsored activity or event. Such plan shall include provisions for the
training and education for staff members and students.
(d) The board of education of each school district may adopt
additional policies relating to bullying pursuant to subsection (e) of K.S.A.
72-1138(e), and amendments thereto.
(e) Nothing in this section shall be construed to limit or supersede or
in any manner affect or diminish the requirements of compliance by a staff
member with the provisions of K.S.A. 38-2223 or 38-2226, and
amendments thereto.
Sec. 3. K.S.A. 72-6147 is hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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