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As Amended by House Committee
Session of 2026
HOUSE BILL No. 2489
By Representatives Proctor, Hoheisel and Sweely
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AN ACT concerning school districts; relating to drug abuse education
programs; requiring school districts to provide fentanyl abuse education
programs; mandating school districts to maintain a supply of naloxone
in all schools; authorizing the attorney general to expend moneys from
the Kansas fights addiction fund for grants to school districts for such
naloxone; amending K.S.A. 2025 Supp. 75-777 and repealing the
existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The state board of education shall develop
guidance for age-appropriate instruction on the prevention of the abuse of
and addiction to fentanyl and other opioids. Such guidance shall be
distributed to each school district.
(b) The board of education of each school district shall develop
fentanyl abuse education programs based on the guidance provided by the
state board of education. Such programs shall be provided to all students
enrolled in grades nine through 12 and include instruction on the
prevention of the abuse of and addiction to fentanyl and other opioids and
the awareness of school and community resources available to help with
abuse and addiction issues.
(c) Fentanyl abuse education programs may be provided as a part of
any other drug abuse awareness and prevention program. A school district
may work in cooperation with public or private third-party organizations ,
local health departments or law enforcement agencies to deliver such
programs.
New Sec. 2. (a) Each school operated by a school district shall
maintain a stock supply of naloxone.
(b) A stock supply of naloxone may consist of one or more standard-
dose prepackaged nasal spray devices. A school nurse or designated school
personnel may administer such naloxone in an emergency situation to any
individual who displays the signs and symptoms of opioid overdose at
school, on school property or at a school-sponsored event if such school
nurse or designated school personnel reasonably believes that an
individual is exhibiting the signs and symptoms of an overdose.
(c) The board of education of each school district shall establish
policies and procedures relating to:
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(1) Storage of naloxone that require that such medication is stored:
(A) In a safe location that is readily accessible to the school nurse or
designated school personnel; and
(B) in accordance with manufacturer temperature recommendations;
(2) periodic monitoring of the inventory and expiration dates of such
medication; and
(3) administration of such medication by designated school
personnel.
(d) Each school district shall publish information related to policies
and procedures for the administration of naloxone.
(e) A school district may accept monetary gifts, grants and donations
to carry out the provisions of this section or may accept naloxone nasal
spray devices from a manufacturer or wholesaler.
(f) As used in this section:
(1) "Designated school personnel" means an employee, officer, agent
or volunteer of a school who is authorized by the board of education of the
school district to administer naloxone on a voluntary basis outside of the
scope of employment.
(2) "School nurse" means a registered nurse licensed by the board of
nursing to practice nursing in Kansas or a licensed practical nurse working
under a registered nurse who is employed by a school to perform nursing
services in a school setting.
(3) "Stock supply" means an appropriate quantity of naloxone as
recommended by a school nurse.
Sec. 3. K.S.A. 2025 Supp. 75-777 is hereby amended to read as
follows: 75-777. (a) Notwithstanding any other provision of law to the
contrary, the attorney general shall remit to the state treasurer in
accordance with K.S.A. 75-4215, and amendments thereto, all moneys that
are received by the state pursuant to opioid litigation in which the attorney
general is involved that is dedicated by the terms of such litigation for the
abatement or remediation of substance abuse or addiction. Upon receipt of
each such remittance, the state treasurer shall deposit the entire amount
into the state treasury. The state treasurer shall credit 75% of each such
deposit to the Kansas fights addiction fund and 25% of each such deposit
to the municipalities fight addiction fund.
(b) There is hereby established in the state treasury the Kansas fights
addiction fund, and such fund shall be administered by the attorney
general. Except as provided in subsection (c), moneys in the Kansas fights
addiction fund shall be expended: (1) Subject to any agreement authorized
under K.S.A. 2025 Supp. 75-778(d), and amendments thereto, for grants
approved by the Kansas fights addiction grant review board created by
K.S.A. 2025 Supp. 75-778, and amendments thereto, to qualified
applicants for projects and activities that prevent, reduce, treat or mitigate
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the effects of substance abuse and addiction ; and (2) for grants approved
by the attorney general to school districts for the purchase of stock
supplies of naloxone as described in section 2, and amendments thereto .
Any such expenditure for a grant shall not be used to supplant any other
source of funding. No moneys shall be expended from the Kansas fights
addiction fund for the payment of litigation costs, expenses or attorney
fees related to opioid litigation.
(c) On July 1 of each year, or as soon thereafter as moneys are
available, the director of accounts and reports shall transfer $200,000 from
the Kansas fights addiction fund to the prescription monitoring program
fund established by K.S.A. 2025 Supp. 65-1694a, and amendments
thereto. For any fiscal year, if there are insufficient unencumbered moneys
in the Kansas fights addiction fund to make such transfer, no transfer shall
be made under this subsection for such fiscal year.
(d) (1) There is hereby established in the state treasury the
municipalities fight addiction fund, and such fund shall be administered by
the attorney general to disburse funds to municipalities. Moneys in the
municipalities fight addiction fund shall be expended subject to an
agreement between the attorney general, the Kansas association of
counties and the league of Kansas municipalities for projects and activities
that prevent, reduce, treat or mitigate the effects of substance abuse and
addiction or to reimburse the municipality for previous expenses related to
substance abuse mitigation or arising from covered conduct. Moneys may
also be used to reimburse municipalities for the payment of litigation
costs, expenses or attorney fees related to opioid litigation, except that a
municipality shall first seek payment from applicable outside settlement
sources or settlement fee funds prior to seeking payment from the
municipalities fight addiction fund.
(2) An agreement between the attorney general, the Kansas
association of counties and the league of Kansas municipalities shall
determine the method for disbursing moneys from the fund, and such
moneys shall be disbursed to municipalities that have not filed opioid
litigation and municipalities that have filed opioid litigation and have
entered into an agreement with the attorney general prior to January 1,
2022, that releases the municipality's legal claims arising from covered
conduct to the attorney general and assigns any future legal claims arising
from covered conduct to the attorney general.
(e) All expenditures from the Kansas fights addiction fund and the
municipalities fight addiction fund shall be made in accordance with
appropriation acts upon warrants of the director of accounts and reports
pursuant to vouchers approved by the attorney general or the attorney
general's designee.
Sec. 4. K.S.A. 2025 Supp. 75-777 is hereby repealed.
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Sec. 5. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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