Prohibiting school employment contracts from excluding documentation of disciplinary actions or behavioral corrective actions taken with regard to an employee.

Session of 2025
SENATE BILL No. 163
By Committee on Education
2-3
AN ACT concerning education; relating to school employment contracts;
prohibiting school employment contracts from excluding
documentation of disciplinary actions or behavioral corrective actions
taken with regard to an employee; amending K.S.A. 72-2218 and
repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 72-2218 is hereby amended to read as follows: 72-
2218. As used in this act, and amendments thereto:
(a) The term "persons" includes one or more individuals,
organizations, associations, corporations, boards, committees,
commissions, agencies, or their representatives thereof.
(b) "Board of education" means the state board of education pursuant
to its authority under K.S.A. 76-1001a and 76-1101a, and amendments
thereto, the board of education of any school district, the board of control
of any area vocational-technical school and the board of trustees of any
community college.
(c) "Professional employee" means any person employed by a board
of education in a position which that requires a certificate issued by the
state board of education or employed by a board of education in a
professional, educational or instructional capacity, but shall. "Professional
employee" does not mean any such person who is an administrative
employee and, commencing in the 2006-2007 school year, shall not mean
any person who is a or retirant from school employment of the Kansas
public employees retirement system, regardless of whether an agreement
between a board of education and an exclusive representative of
professional employees that covers terms and conditions of professional
service provides to the contrary.
(d) "Administrative employee" means, in the case of a school district,
any person who is employed by a board of education in an administrative
capacity and who is fulfilling duties for which an administrator's certificate
is required under K.S.A. 72-255, and amendments thereto; and, in the case
of an area vocational-technical school or community college, any person
who is employed by the board of control or the board of trustees in an
administrative capacity and who is , acting in that capacity and who has
authority, in the interest of the board of control or the board of trustees, to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
SB 163 2
hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or
discipline other employees, or responsibly to direct them such employees
or to adjust their employee grievances, or effectively to recommend a
preponderance of such actions, if in connection with the foregoing, the
exercise of such authority is not of a merely routine or clerical nature, but
requires the use of independent judgment.
(e) "Professional employees' organizations" means any one or more
organizations, agencies, committees, councils or groups of any kind in
which professional employees participate, and which that exist for the
purpose, in whole or part, of engaging in professional negotiation with
boards of education with respect to the terms and conditions of
professional service or for the purpose of professional development or
liability protection.
(f) "Representative" means any professional employees' organization
or any person it authorizes or designates authorized or designated by such
organization to act in its behalf or any person a board of education
authorizes or designates authorized or designated by a board of education
to act in its behalf.
(g) "Professional negotiation" means meeting, conferring, consulting
and discussing in a good faith effort by both parties to reach agreement
with respect to the terms and conditions of professional service.
(h) "Mediation" means the effort through interpretation and advice by
an impartial third party to assist in reconciling a dispute concerning terms
and conditions of professional service which that arose in the course of
professional negotiation between a board of education or its such board's
representatives and representatives of the recognized professional
employees' organization.
(i) "Fact-finding" means the investigation by an individual or board
of a dispute concerning terms and conditions of professional service which
that arose in the course of professional negotiation, and the submission of
a report by such individual or board to the parties to such dispute which
that includes a determination of the issues involved, findings of fact
regarding such issues, and the recommendation of the fact-finding
individual or board for resolution of the dispute.
(j) "Strike" means an action taken for the purpose of coercing a
change in the terms and conditions of professional service or the rights,
privileges or obligations thereof, through any failure by concerted action
with others to report for duty including, but not limited to, any work
stoppage, slowdown, or refusal to work.
(k) "Lockout" means action taken by a board of education to provoke
interruptions of or prevent the continuity of work normally and usually
performed by the professional employees for the purpose of coercing
professional employees into relinquishing rights guaranteed by this act and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
SB 163 3
the act of which this section is amendatory.
(l) (1) "Terms and conditions of professional service" means:
(A) Salaries and wages, including pay for duties under supplemental
contracts; hours and amounts of work; vacation allowance, holiday, sick,
extended, sabbatical and other leave, and number of holidays; retirement;
insurance benefits; wearing apparel; pay for overtime; jury duty; grievance
procedure, including binding arbitration of grievances; disciplinary
procedure; resignations; termination and nonrenewal of contracts;
reemployment of professional employees; terms and form of the individual
professional employee contract; probationary period; professional
employee appraisal procedures; each of the foregoing being a term and
condition of professional service, regardless of its impact on the employee
or on the operation of the educational system;
(B) matters which that relate to privileges to be granted the
recognized professional employees' organization, including, but not
limited to, voluntary payroll deductions; dissemination of information
regarding the professional negotiation process and related matters to
members of the bargaining unit on school or college premises through
direct contact with members of the bargaining unit; reasonable leaves of
absence for members of the bargaining unit for organizational purposes,
such as engaging in professional negotiation and partaking of instructional
programs properly related to the representation of the bargaining unit; any
of the foregoing privileges which that are granted the recognized
professional employees' organization through the professional negotiation
process shall not be granted to any other professional employees'
organization; and
(C) such other matters as the parties mutually agree upon as properly
related to professional service including, but not limited to, employment
incentive or retention bonuses authorized under K.S.A. 72-2244, and
amendments thereto.
(2) Nothing in this act, and amendments thereto, shall authorize any
professional employees' organization to be granted the exclusive privilege
of access to the use of school or college facilities for meetings, the use of
bulletin boards on or about the facility or the use of school or college mail
systems.
(3) Nothing in this act, and amendments thereto, shall authorize the
diminution of any right, duty or obligation of either the professional
employee or the board of education which have been fixed by statute or by
the constitution of this state. Except as otherwise expressly provided in
this subsection (l), the fact that any matter may be the subject of a statute
or the constitution of this state does not preclude negotiation thereon so
long as the negotiation proposal would not prevent the fulfillment of the
statutory or constitutional objective.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
SB 163 4
(4) Matters which that relate to the duration of the school term, and
specifically to consideration and determination by a board of education of
the question of the development and adoption of a policy to provide for a
school term consisting of school hours, are not included within the
meaning of terms and conditions of professional service and are not
subject to professional negotiation.
(5) Nothing in this act shall authorize any agreement negotiated
hereunder to exclude documentation in an employee's personnel file of
disciplinary actions or behavioral corrective actions taken with regard to
such employee, including, but not limited to, initial warnings and oral
admonitions.
(m) "Secretary" means the secretary of labor or a the secretary's
designee thereof.
(n) "Statutory declaration of impasse date" means July 31 in the
current school year.
(o) "Supplemental contracts" means contracts for employment duties
other than those services covered in the principal or primary contract of
employment of the professional employee and shall include .
"Supplemental contracts" includes , but is not be limited to, such services
as coaching, supervising, directing and assisting extracurricular activities,
chaperoning, ticket-taking, lunchroom supervision , and other similar and
related activities.
Sec. 2. K.S.A. 72-2218 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25