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Senate Substitute for Substitute for HOUSE BILL No. 2299
AN A CT concerning education; relating to school districts and accredited nonpublic
schools; providing that certain statutory references to accredited nonpublic schools
mean nonpublic schools accredited by the state board of education; requiring that
schools accredited by a national or regional accrediting agency have the same rights
as nonpublic schools accredited by the state board; prohibiting students from using
personal electronic communication devices during the school day and providing
certain exceptions; prohibiting school employees from communicating with students
through social media platforms for official school purposes and providing certain
exceptions; requiring the adoption of policies and procedures relating thereto;
amending K.S.A. 72-7114 and K.S.A. 2025 Supp. 72-5170 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. Whenever accredited nonpublic schools,
accredited nonpublic elementary or secondary schools, accredited
nonpublic high schools, accredited private schools, or words of like
effect, are referred to or designated by a statute in chapter 72 of the
Kansas Statutes Annotated, and amendments thereto, such references or
designations shall be deemed to mean a nonpublic school accredited by
the state board of education unless otherwise indicated in such statute.
New Sec. 2. (a) Each board of education of a school district and
governing authority of an accredited nonpublic elementary or
secondary school shall adopt policies and procedures to govern the use
of personal electronic communication devices by students during the
school day. Such policies and procedures shall:
(1) Prohibit students from using or accessing personal electronic
communication devices during the school day;
(2) require that all personal electronic communication devices be
turned off and securely stored away from the student's person in an
inaccessible location during the school day;
(3) authorize students to not bring personal electronic
communication devices to school by leaving such devices at a house or
in a vehicle, even if such vehicle is located on the school premises;
(4) set forth enforcement procedures and disciplinary actions for
violations of such policies and procedures;
(5) authorize any student to use a personal electronic
communication device during the school day only if the use is:
(A) (i) Required for the implementation of a student's
individualized education program or 504 plan; or
(ii) approved by a licensed physician as a medical necessity to
support the health or well-being of the student; and
(B) the intervention of last resort such that there is no other
reasonable alternative option available for such student; and
(6) authorize a student to contact the student's parent or person
acting as parent through the use of a school telephone or other
communications device that is designated and made available by the
school for such purpose.
(b) The board of education of a school district and the governing
authority of an accredited nonpublic elementary or secondary school
may adopt policies and procedures that limit or prohibit use of personal
electronic communication devices by students during school-sponsored
activities or events that occur outside of the school day.
(c) Subsections (a) and (b) shall not apply to any time associated
with a student's travel to or from a learning experience that is not
located on the school premises, including any postsecondary
educational course, career technical education course, work-based
learning program or other alternative educational opportunity.
(d) As used in this section:
(1) "Accredited nonpublic elementary or secondary school" means
a nonpublic elementary or secondary school that is accredited by the
state board of education. "Accredited nonpublic elementary or
secondary school" includes any nonpublic elementary or secondary
school that is dually accredited by the state board and an accrediting
entity other than the state board.
(2) "Personal electronic communication device" means any
wireless electronic communication device that:
(A) Provides for voice, text or video communication between two
Senate Substitute for Substitute for HOUSE BILL No. 2299—page 2
or more parties, including, but not limited to, a mobile or cellular
phone, tablet, computer, watch, wireless headphones or earbuds, text
messaging device or personal digital assistant; and
(B) is not owned or issued to students by the school district or
accredited nonpublic elementary or secondary school.
(3) "School day" means the time from the start of school until
dismissal at the end of the day on the school premises, including, but
not limited to, the time in any classroom, structured or unstructured
learning setting, recess, lunch or passing period.
New Sec. 3. (a) Each board of education of a school district and
governing authority of an accredited nonpublic elementary or
secondary school shall adopt policies and procedures to prohibit each
employee of the school district or accredited nonpublic elementary or
secondary school from:
(1) Privately or directly communicating with any student through
social media platforms except as otherwise provided in subsection (b);
and
(2) requiring the use of social media for any assignment or
extracurricular activity.
(b) The board of education of a school district or governing
authority of an accredited nonpublic elementary or secondary school
may approve a social media platform to be used for official school
purposes.
(c) As used in this section:
(1) "Official school purposes" means the broadcasting or posting
of public, one-way communications that pertain to school functions,
activities or events. "Official school purposes" does not include private
communications, direct communications or two-way communications
with any student.
(2) "Social media platform" means an online website or
application that permits a person to become a registered user, create an
account or a profile for the primary purpose of creating, sharing or
interacting with user-generated content that is publicly viewable by
users. "Social media platform" includes, but is not limited to, snapchat,
instagram, facebook, X and tiktok. "Social media platform" does not
include:
(A) Any online website or application whose primary purpose is
educational;
(B) any platform approved by the board of education or the
governing authority of an accredited nonpublic elementary or
secondary school if such platform:
(i) Is owned, licensed or contractually controlled by the school
district or nonpublic school;
(ii) allows for required user accounts;
(iii) allows communications to be monitored, archived, retained or
audited in compliance with policy or law;
(iv) is accessible to parents or guardians; and
(v) used by employees in accordance with policy;
(C) email;
(D) direct messaging services that only share messages between a
sender and named recipient and does not display or post messages
publicly or to users not identified as recipients by the sender of the
message; and
(E) any online product or service that does not have school-
specific features or identifiers and the predominant purpose is to post
educational materials, news or resources and user comments or other
interactive functionality that is incidental to such predominant purpose.
New Sec. 4. On or before September 1, 2026, each board of
education of a school district and governing authority of an accredited
nonpublic elementary or secondary school shall submit to the state
board of education, on a form and in the manner prescribed by the state
board, a certification that the board of education of the school district or
governing authority of the accredited nonpublic elementary or
secondary school has adopted the policies and procedures required
Senate Substitute for Substitute for HOUSE BILL No. 2299—page 3
pursuant to sections 2 and 3, and amendments thereto.
New Sec. 5. No board of education of a school district, employee
or agent of such school district, governing authority of an accredited
nonpublic elementary or secondary school, employee or agent of such
school shall be liable for any damage to or storage of personal
electronic communication devices brought to school.
New Sec. 6. The provisions of sections 2 through 5, and
amendments thereto, and any policies and procedures adopted
thereunder, shall not apply to any virtual school as defined in K.S.A.
72-3712, and amendments thereto.
Sec. 7. K.S.A. 2025 Supp. 72-5170 is hereby amended to read as
follows: 72-5170. (a) (1) In order to accomplish the mission for Kansas
education, the state board shall design and adopt a school district
accreditation system based upon improvement in performance that
equals or exceeds the educational goal set forth in K.S.A. 72-3218(c),
and amendments thereto, and is measurable. The state board shall hold
all school districts accountable through the Kansas education systems
accreditation rules and regulations, or any successor accreditation
system and accountability plan adopted by the state board. The state
board also shall ensure that all school districts and the public schools
operated by such districts have programs and initiatives in place for
providing those educational capacities set forth in K.S.A. 72-3218(c),
and amendments thereto. On or before January 15 of each year, the
state board shall prepare and submit a report on the school district
accreditation system to the governor and the legislature.
(2) The accountability measures established pursuant to paragraph
(1) shall be applied both at the district level and at the school level.
Such accountability measures shall be reported by the state board for
each school district and each school. All reports prepared pursuant to
this section shall be published in accordance with K.S.A. 2025 Supp.
72-1181, and amendments thereto.
(3) If a school district is not fully accredited and a corrective
action plan is required by the state board, such corrective action plan,
and any subsequent reports prepared by the state board regarding the
progress of such school district in implementing and executing such
corrective action plan, shall be published on the state department of
education's internet website and such school district's internet website
in accordance with K.S.A. 2025 Supp. 72-1181, and amendments
thereto.
(4) If a school district is not accredited, the superintendent, or the
superintendent's designee, shall appear before the committee on
education of the house of representatives and the committee on
education of the senate during the regular legislative session that occurs
during the same school year when such school district is not accredited.
Such school district shall provide a report to such committees on the
challenges and obstacles that are preventing such school district from
becoming accredited.
(5) Any nonpublic school operating in Kansas may voluntarily
seek accreditation by the state board of education. Any nonpublic
school accredited by the state board of education may also be
accredited by a regional or national accrediting agency. Each
nonpublic school accredited by a regional or national accrediting
agency recognized by the state board of education shall be entitled to
the same rights as nonpublic schools accredited by the state board of
education. Accrediting agencies recognized by the state board of
education on or before March 1, 2026, shall not lose such recognition
unless approved by the legislature.
(b) The state board shall establish curriculum standards that reflect
high academic standards for the core academic areas of mathematics,
science, reading, writing and social studies. The curriculum standards
may be reviewed at least every seven years. The state board shall not
substantially revise or update the English language arts or mathematics
curriculum standards that are in effect on July 1, 2024, in a manner that
would necessitate the development of new statewide assessments in
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English language arts or mathematics until the state board's long-term
goal for all students submitted to the United States department of
education in the consolidated state plan is achieved such that 75% of all
students score in performance levels 3 and 4 combined on the statewide
assessments in English language arts and mathematics by 2030.
Nothing in this subsection shall be construed in any manner so as to
impinge upon any school district's authority to determine its own
curriculum.
(c) (1) The state board shall provide for statewide assessments in
the core academic areas of mathematics, science, reading, writing and
social studies. The board shall ensure compatibility between the
statewide assessments and the curriculum standards established
pursuant to subsection (b). Such assessments shall be administered at
three grade levels, as determined by the state board. The state board
shall determine performance levels on the statewide assessments, the
achievement of which represents high academic standards in the
academic area at the grade level to which the assessment applies. The
state board should specify high academic standards both for individual
performance and school performance on the assessments.
(2) (A) On or before January 15 of each year, the state board shall
prepare and submit to the legislature a report on students who take the
statewide assessments. Such report shall include:
(i) The number of students and such number expressed as a
percentage of the total number of students who took the statewide
assessments during the immediately preceding school year
disaggregated by core academic area and by grade level; and
(ii) the percentage of students who took the statewide assessments
in grade 10 who, two years after graduating from high school, obtained
some postsecondary education disaggregated by statewide assessment
achievement level.
(B) When such information becomes available, or as soon
thereafter as practicable, the state board shall publish the information
required for the report under subparagraph (A) on the website of the
state department of education and incorporate such information in the
performance accountability reports and longitudinal achievement
reports required under K.S.A. 2025 Supp. 72-5178, and amendments
thereto.
(C) The provisions of this paragraph shall expire on July 1, 2029.
(d) Each school year, on such date as specified by the state board,
each school district shall submit the Kansas education system
accreditation report to the state board in such form and manner as
prescribed by the state board.
(e) Whenever the state board determines that a school district has
failed either to meet the accreditation requirements established by rules
and regulations or standards adopted by the state board or provide
curriculum based on state standards and courses required by state law,
the state board shall so notify the school district. Such notice shall
specify the accreditation requirements that the school district has failed
to meet and the curriculum that it has failed to provide. Upon receipt of
such notice, the board of education of such school district is
encouraged to reallocate the resources of the school district to remedy
all deficiencies identified by the state board.
(f) Each school in every school district shall establish a school site
council composed of the principal and representatives of teachers and
other school personnel, parents of students attending the school, the
business community and other community groups. School site councils
shall be responsible for providing advice and counsel in evaluating
state, school district, and school site performance goals and objectives
and in determining the methods that should be employed at the school
site to meet these goals and objectives. Site councils may make
recommendations and proposals to the school board regarding
budgetary items and school district matters, including, but not limited
to, identifying and implementing the best practices for developing
efficient and effective administrative and management functions. Site
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councils also may help school boards analyze the unique environment
of schools, enhance the efficiency and maximize limited resources,
including outsourcing arrangements and cooperative opportunities as a
means to address limited budgets.
Sec. 8. K.S.A. 72-7114 is hereby amended to read as follows: 72-
7114. (a) Any association with a majority of the high schools of the
state as members and the purpose of which association is the statewide
regulation, supervision, promotion and development of any of the
activities defined in K.S.A. 72-7117, and amendments thereto, and in
which any public high school of this state may participate directly or
indirectly shall:
(1) On or before September 1 of each year make a full report of its
operation for the preceding calendar year to the state board of
education. The report shall contain a complete and detailed financial
statement under the certificate of a certified public accountant.
(2) File with the state board a copy of all reports and publications
issued from time to time by such association.
(3) Be governed by a board of directors which shall exercise the
legislative authority of the association and shall establish policy for the
association.
(4) Submit to the state board of education, for its approval or
disapproval prior to adoption, any amendments, additions, alterations or
modifications of its articles of incorporation or bylaws. If any articles
of incorporation, bylaws or any amendment, addition or alteration
thereto is disapproved by the state board of education, the same shall
not be adopted.
(5) Establish a system for the classification of member high
schools according to student attendance.
(6) Be subject to the provisions of the Kansas open meetings law.
(7) Be subject to the provisions of the open records law.
(8) Recognize and accept accreditation of a nonpublic school by a
regional or national agency.
(b) (1) The board of directors shall consist of not less than 60
members as follows:
(A) At least eight directors shall be members of boards of
education, elected by local boards of education. At least two of such
directors shall be elected from each congressional district of the state;
(B) at least two directors shall be representatives of the state board
of education, appointed by the state board;
(C) (i) directors who are representatives of the senior high schools
which are affiliated with a league shall be elected by the league;
(ii) the senior high schools which are not affiliated with a league
shall be represented by at least one director;
(D) at least four directors shall be representatives of the
middle/junior high schools, elected by the middle/junior high schools;
(E) at least one director shall be representative of and selected by
athletic administrators;
(F) at least one director shall be representative of and selected by
coaches;
(G) at least one director shall be representative of and selected by
speech communications educators;
(H) at least one director shall be representative of and selected by
music educators; and
(I) at least one director shall be representative of and selected by
scholars' bowl coaches.
(2) The directors appointed by the state board of education from
the public at-large prior to July 1, 2014, whose terms are set to expire
after July 1, 2014, may continue to serve on the board of directors until
such director's term expires. Upon the expiration of the term of any
such director, the governor shall appoint a successor member of the
board of directors. In the event of a vacancy or the expiration of the
term of any director appointed by the governor, the governor shall
appoint a successor member of the board of directors. Any person
appointed by the governor shall not be employed by any school
Senate Substitute for Substitute for HOUSE BILL No. 2299—page 6
affiliated with a league in the Kansas state high school activities
association, nor shall such person be a member of the state board of
education. The governor shall be provided a list of those directors
appointed pursuant to subsection (b)(1). The governor shall make
appointments pursuant to this subsection in order to attain, when
necessary, and insofar as possible, representation of ethnic minority
groups and both genders on the board of directors and to ensure that a
resident from each congressional district is appointed to the board of
directors.
(3) All directors are limited to six consecutive years of service.
(c) (1) An executive board which shall be responsible for the
administration, enforcement and interpretation of policy established by
the board of directors shall be elected by the board of directors from its
membership, provided that a director shall serve at least one year as a
member of the board of directors prior to being elected to the executive
board.
(2) At least two members of the board of directors elected to the
executive board shall be directors appointed by the governor under
subsection (b)(2), provided such directors are eligible for election to the
executive board under this subsection. Members of the executive board
elected pursuant to this paragraph shall only be eligible to serve on the
executive board during the second, fourth and sixth years of such
director's term.
(3) Insofar as possible, membership on the executive board shall
be representative of ethnic minority groups, both genders, and all
geographical areas of the state.
(d) An appeal board which shall be responsible for conducting
hearings provided for in K.S.A. 72-7118, and amendments thereto,
shall be elected as provided in this subsection. The appeal board shall
consist of eight members. The membership of the appeal board shall
include four members who are board of education members, elected by
the boards of education of the member schools of the association; and
four members who are school administrators, elected by the member
schools of the association. No member of the board of directors shall be
eligible for election to membership on the appeal board. All members
of the appeal board are limited to six consecutive years of service.
(e) The executive board is authorized to employ an executive
director and such other personnel as may be necessary to the exercise
of the powers and the performance of the functions and duties of the
board of directors, the executive board, and the appeal board. The
executive director and all other personnel, except custodial, clerical or
maintenance personnel, employed by the executive board pursuant to
this subsection, shall file written statements of substantial interests, as
provided by K.S.A. 46-248 through 46-252, and amendments thereto.
Senate Substitute for Substitute for HOUSE BILL No. 2299—page 7
Sec. 9. K.S.A. 72-7114 and K.S.A. 2025 Supp. 72-5170 are
hereby repealed.
Sec. 10. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the House,
and passed that body
HOUSE concurred in
SENATE amendments __________________________________________________________________
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
President of the Senate.
Secretary of the Senate.
APPROVED ______________________________________________________________________________
Governor.