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Session of 2026
House Substitute for SENATE BILL No. 263
By Committee on Education
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AN ACT concerning schools; relating to crisis drills; requiring the
department of education to establish guidelines for active shooter drills
conducted by public and accredited nonpublic elementary and
secondary schools; regulating active shooter simulations in such
schools; amending K.S.A. 31-133 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Sections 1 through 3, and amendments thereto,
shall be known and may be cited as the students safe at school act.
(b) As used in the students safe at school act:
(1) (A) "Active shooter drill" means an emergency preparedness drill
designed to inform and instruct students, teachers, school personnel and
other school staff on how to respond in the event that an armed intruder is
on the school campus or an armed assailant is in the immediate vicinity of
the school.
(B) "Active shooter drill" includes:
(i) For grades kindergarten through five, instruction through tabletop
exercises and identification of appropriate places for students to locate
during an emergency; and
(ii) for grades six through 12, the information described in clause (i)
and the practice of active shooter drills.
(C) "Active shooter drill" does not include any sensory components,
activities or elements that mimic a real-life shooting. "Active shooter drill"
is not an active shooter simulation.
(2) "Active shooter simulation" means an emergency exercise,
including full-scale or functional exercises, designed to inform and instruct
adult teachers, school personnel and other school staff on how to respond
in the event of an armed intruder on the school campus or an armed
assailant in the immediate vicinity of the school. "Active shooter
simulation" includes activities or elements mimicking a real-life shooting,
including, but not limited to, simulation of tactical response by law
enforcement. "Active shooter simulation" does not include active shooter
drills.
(3) "Department" means the state department of education.
(4) "Evidenced-based" means a program or practice that
demonstrates:
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(A) A statistically significant effect on relevant outcomes based on:
(i) Strong evidence from not fewer than one well-designed and well-
implemented experimental study;
(ii) moderate evidence from not fewer than one well-designed and
well-implemented quasi-experimental study; or
(iii) promising evidence from not fewer than one well-designed and
well-implemented correlational study with statistical controls for selective
bias; or
(B) a rationale based on high-quality research findings or positive
evaluations that the program or practice is likely to improve relevant
outcomes and includes ongoing efforts to examine the effects of the
program or practice.
(5) "Parent" and "person acting as parent" mean the same as defined
in K.S.A. 72-3127, and amendments thereto.
(6) "School" means any elementary or secondary public school
maintained and operated by a school district and any accredited nonpublic
school that provides any of the grades kindergarten through 12.
(7) "Tabletop exercise" means an exercise designed to help students
better understand their individual or group roles and responsibilities.
"Tabletop exercises" may include constructive problem-solving as it
relates to an armed intruder on the school property or an armed assailant in
the immediate vicinity of the school and may incorporate age-appropriate
written or video scenarios for students to follow.
(8) "Vendor" includes not-for-profit entities, for-profit entities and
public agencies.
New Sec. 2. (a) On or before October 1, 2026, the department shall
establish and publish best practice guidelines for conducting an active
shooter drill in school. Such guidelines shall include, but not be limited to:
(1) Developmental and age-appropriate design, including appropriate
safety vocabulary;
(2) accessibility and accommodations for students with mobility
restrictions, sensory needs, developmental or physical disabilities, mental
health needs and auditory or visual limitations;
(3) prior notification of parents or persons acting as parents, including
options to exempt a student from participation in any such drill;
(4) prohibition of punitive or negative treatment for a student's
nonparticipation in any such drill;
(5) prior to commencing an active shooter drill, an announcement that
informs students that such drill is practice and that there is no immediate
danger;
(6) provision of debriefing time following any active shooter drill
before regular classroom activity resumes;
(7) alternative safety education for students who do not participate in
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active shooter drills, including, but not limited to, essential safety
instruction and training that is appropriate for students with mobility
restrictions, sensory needs, developmental or physical disabilities, mental
health needs and auditory or visual limitations; and
(8) any other matters that the department determines appropriate to
minimize psychological harm to students while maintaining preparedness.
(b) The department shall review and update the guidelines as
necessary and at least once every three years. Any such review shall
incorporate current peer-reviewed research, federal agency
recommendations and nationally recognized best practices regarding
school safety drills and the effects of such drills on student mental health
and behavior.
(c) (1) Each board of education or governing body shall adopt polices
for the conduct of active shooter drills that are consistent with the
guidelines published by the department pursuant to subsection (a).
(2) Once per year, each board of education and governing body shall
review the efficacy and effect of active shooter drills and any impacts of
such drills on the safety and mental health of students, teachers and other
school personnel and staff.
(d) The school shall notify each parent or person acting as parent at
least 24 hours prior to an active shooter drill, active shooter simulation or
tactical training exercise. The notice shall provide that such parent or
person acting as parent may opt such parent's or person acting as parent's
student out of participation in such drill or simulation. Any student who is
opted out of an active shooter drill or simulation shall have the opportunity
to participate in alternative safety education and shall not receive any
negative or punitive treatment for not participating in such drill or
simulation. If notice cannot be provided at least 24 hours prior to an active
shooter drill or simulation, notice shall be provided within 24 hours of the
conclusion of the active shooter drill or simulation.
(e) Nothing in this section shall be deemed to:
(1) Supersede or limit the ability of a parent or person acting as
parent to opt such parent's or person acting as parent's student out of
participation in an active shooter drill or simulation; or
(2) require any school to conduct active shooter drills in a manner
that conflicts with the guidelines published by the department pursuant to
subsection (a).
New Sec. 3. (a) Except as provided in subsection (c), no school shall
conduct, sponsor or permit any active shooter simulation on school
property where students in grades kindergarten through eight regularly
attend school.
(b) The board of education or governing body of a school may
conduct, sponsor or permit active shooter simulations on school property,
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if only students in grades 9 through 12 regularly attend school on such
school property.
(c) Nothing in this section shall prohibit law enforcement agencies
from conducting tactical training exercises on school property if:
(1) The exercises do not occur during regular school hours or any
time when students are present or expected to be present;
(2) no student participates in such exercises; and
(3) the board of education or governing body of the school has
provided prior written authorization for the use of school property for such
exercises.
Sec. 4. K.S.A. 31-133 is hereby amended to read as follows: 31-133.
(a) The state fire marshal shall adopt reasonable rules and regulations,
consistent with the provisions of this act, for the safeguarding of life and
property from fire, explosion and hazardous materials. Such rules and
regulations shall include, but not be limited to, the following:
(1) The keeping, storage, use, sale, handling, transportation or other
disposition of highly flammable materials, including crude petroleum or
any of its products, natural gas for use in motor vehicles, and of
explosives, including gunpowder, dynamite, fireworks and firecrackers.
Any such rules and regulations may prescribe the materials and
construction of receptacles and buildings to be used for any of such
purposes;
(2) the transportation of liquid fuel over public highways in order to
provide for the public safety in connection therewith;
(3) the construction, maintenance and regulation of exits and fire
escapes from buildings and all other places in which people work, live or
congregate from time to time for any purpose, including apartment houses,
as defined by K.S.A. 31-132a, and amendments thereto. Such rules and
regulations shall not apply to buildings used wholly as dwelling houses
containing no more than two families;
(4) the installation and maintenance of equipment intended for fire
control, detection and extinguishment in all buildings and other places in
which persons work, live or congregate from time to time for any purpose,
including apartment houses as defined by K.S.A. 31-132a, and
amendments thereto. Such rules and regulations shall not apply to
buildings used wholly as dwelling houses containing no more than two
families;
(5) requiring administrators of public and private schools and
educational institutions, except community colleges, colleges and
universities, to conduct at least four fire drills each school year at some
time during school hours, aside from the regular dismissal at the close of
the day's session, and prescribing the manner in which such fire drills are
to be conducted;
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(6) procedures for the reporting of fires and explosions occurring
within the state and for the investigation thereof;
(7) procedures for reporting by healthcare providers of treatment of
second and third degree burn wounds involving 20% or more of the
victim's body and requiring hospitalization of the victim, which. Such
reporting is hereby authorized notwithstanding any provision of K.S.A.
60-427, and amendments thereto, to the contrary;
(8) requiring administrators of public and private schools and
educational institutions, except community colleges, colleges and
universities, to establish tornado procedures. Such procedures shall:
(A) Provide for at least two tornado drills to be conducted each
school year, of which one shall be conducted in September and one shall
be conducted in March, at some time during school hours, aside from the
regular dismissal at the close of the day's session;
(B) describe the manner in which such tornado drills are to be
conducted; and
(C) shall be subject to approval by the state fire marshal;
(9) requiring administrators of community colleges, colleges and
universities to establish tornado procedures , which. Such procedures shall
be subject to approval by the director of the disaster agency of the county;
(10) the development and implementation of a statewide system of
hazardous materials assessment and response;
(11) the use of pyrotechnics, pyrotechnic devices and pyrotechnic
materials;
(12) requiring administrators of public and private schools and
educational institutions, except community colleges, colleges and
universities, to conduct at least three crisis drills each school year at some
time during school hours, aside from the regular dismissal at the close of
the day's session. The manner in which such crisis drills are conducted
may be subject to approval by the safe and secure schools unit of the
Kansas department of education; and
(13) other safeguards, protective measures or means adapted to
render inherently safe from the hazards of fire or the loss of life by fire any
building or other place in which people work, live or congregate from time
to time for any purpose, except buildings used wholly as dwelling houses
containing no more than two families.
(b) Any rules and regulations of the state fire marshal adopted
pursuant to this section may incorporate by reference specific editions, or
portions thereof, of nationally recognized fire prevention codes.
(c) The rules and regulations adopted pursuant to this section shall
allow facilities in service prior to the effective date of such rules and
regulations, and not in strict conformity therewith, to continue in service,
so long as such facilities are not determined by the state fire marshal to
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constitute a distinct hazard to life or property. Any such determination
shall be subject to the appeal provisions contained in K.S.A. 31-140, and
amendments thereto.
(d) The state fire marshal may grant an exemption pursuant to K.S.A.
31-136, and amendments thereto, that authorizes a variance for the number
or manner of drills conducted pursuant to subsection (a)(5), (8) or (12) for
students receiving special education or related services.
(e) (1) As used in this section, "crisis drills" includes intruder
response drills, lockdown drills and active shooter drills, as defined in
section 1, and amendments thereto.
(2) Any public or private school that conducts an active shooter drill
shall conduct such drill in accordance with section 1 et seq., and
amendments thereto.
(3) No crisis drill conducted by any public or private school shall
include an active shooter simulation as defined in section 1, and
amendments thereto, or any element of an active shooter simulation.
Sec. 5. K.S.A. 31-133 is hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
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