Read the full stored bill text
Session of 2026
SENATE BILL No. 419
By Committee on Education
1-28
AN ACT concerning education; relating to postsecondary educational
institutions; enacting the Kansas intellectual rights and knowledge act;
providing a civil cause of action and penalties for violations of such
act; authorizing students and student associations to exercise political
and ideological beliefs, values and missions; amending K.S.A. 60-
5311, 60-5312 and 60-5313 and repealing the existing sections.
WHEREAS, Charlie Kirk was a courageous American whose life was
tragically and unjustly cut short in an act of political violence on
September 10, 2025, at Utah Valley University; and
WHEREAS, In 2012, Charlie Kirk, at 18 years old, founded Turning
Point USA, a student movement with the mission to "identify, educate,
train, and organize students to promote the principles of fiscal
responsibility, free markets and limited government"; and
WHEREAS, Charlie Kirk was a devoted Christian who boldly lived out
his faith with conviction, courage and compassion and used his platform to
encourage the free exchange of ideas, respectfully engaging in public
debates on college campuses across America, including on college
campuses in Kansas, as well as at foreign universities like Oxford; and
WHEREAS, Charlie Kirk embodied the principles of the First
Amendment of the Constitution of the United States by exercising his
God-given right to speak freely and challenge prevailing narratives, and he
did so with honor, courage and respect for his fellow Americans, serving
as a role model for young Americans across the political spectrum; and
WHEREAS, The assassination of Charlie Kirk was not only a heinous
act of violence but a sobering reminder of the growing threat posed by
political extremism and violence in our society; and
WHEREAS, Such acts of politically motivated violence are antithetical
to the principles of our nation, where differences of opinion are not to be
silenced but are to be debated with civility, reason and mutual respect; and
WHEREAS, Leaders at every level, including government, education,
media and beyond, must stand united in unequivocal condemnation of
political violence, regardless of ideology; and
WHEREAS, The tragic loss of Charlie Kirk should serve as a turning
point to recommit ourselves to the timeless American principles of liberty
governed by truth and the virtues of peaceful dialogue; 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
SB 419 2
WHEREAS, The First Amendment of the United States Constitution
protects the rights of freedom of speech, freedom of the press, freedom of
religion, freedom of association and to petition the Government for all
citizens; and
WHEREAS, The Supreme Court has called public universities,
"peculiarly the marketplace of ideas," Healy v. James, 408 U.S. 169, 180
(1972), where young adults learn to exercise these constitutional rights
necessary to participate in our system of government and to tolerate others'
exercise of the same rights. There is "no room for the view that…First
Amendment protections should apply with less force on college campuses
than in the community at large," Healy, 408 U.S. at 180; and
WHEREAS, College campuses should be bastions of intellectual
diversity, open debate and the free exchange of ideas, regardless of
political or ideological affiliation; and
WHEREAS, While speaking at Kansas State University on September
13, 2024, Charlie Kirk's microphone was turned off while he was still
answering student questions, forcing him to continue his event by
dangerously walking into the crowd; and
WHEREAS, In 2022, the University of Kansas School of Law
attempted to suppress speakers for a student association based merely on
the viewpoint of the speakers invited on campus; and
WHEREAS, The legislature finds that public universities in this state
are failing to provide adequate safeguards for the First Amendment rights
of students, leading to a stifling of expression on campus; and
WHEREAS, The legislature condemns the politically motivated death
of Charlie Kirk, all politically motivated violence and those who celebrate
such violence; and
WHEREAS, The legislature extends its condolences to Erika Kirk,
their two young children, the entire Kirk family and Turning Point USA
and all its subsidiaries in the loss of their husband, father, family member
and organizational leader; and
WHEREAS, The legislature has determined that a significant amount
of taxpayer dollars is appropriated to public institutions of higher
education each year and as such, this legislature must ensure that all public
institutions of higher education receiving state funds recognize freedom of
speech as a fundamental right for all.
Now, therefore:
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) This section shall be known and may be cited as
the Kansas intellectual rights and knowledge act or KIRK act.
(b) As used in the KIRK act:
(1) "Benefit" means recognition, registration, the use of
postsecondary educational institution facilities for meetings or speaking
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 419 3
purposes, use of channels of communication and funding sources that are
otherwise available to student associations at the postsecondary
educational institution.
(2) "Campus community" means students, administrators, faculty and
staff of a postsecondary educational institution. "Campus community"
includes invited guests of such students, administrators, faculty and staff.
(3) "Expressive activity" means lawful verbal, written, audio-visual
or electronic means by which individuals may communicate ideas to one
another. "Expressive activity" includes, but is not limited to, peaceful
assembly, protests, speeches, guest speaker presentations, distribution of
literature, holding signs and circulating petitions.
(4) "Harassment" means expression that is unwelcome and so severe,
pervasive and subjectively and objectively offensive that a student is
effectively denied equal access to educational opportunities or benefits
provided by the postsecondary educational institution.
(5) (A) "Materially and substantially disrupt" means when an
individual, with the intent to do so or has knowledge of doing so,
significantly hinders another individual or group of individuals from
expressive activity, prevents communication of a message or transaction of
business of a lawful meeting, gathering or procession by:
(i) Engaging in fighting, violence or other unlawful behavior; or
(ii) physically blocking or using threats of violence to prevent any
individual from attending, hearing, viewing or otherwise participating in
an expressive activity.
(B) "Materially or substantially disrupt" does not include isolated,
minor, brief or fleeting nonviolent disruptions of events or conduct that is
protected under the First Amendment of the United States Constitution or
the Constitution of the State of Kansas, including, but not limited to,
lawful protests in outdoor areas of campus that are generally accessible to
members of the public unless reserved in advance.
(6) "Outdoor areas of campus" means the generally accessible outside
areas of the campus of a postsecondary educational institution where
members of the campus community are commonly allowed. "Outdoor
areas of campus" includes, but is not limited to, grassy areas, walkways or
other similar common areas. "Outdoor areas of campus" does not include
outdoor areas where public access is restricted.
(7) "Postsecondary educational institution" means the same as
defined in K.S.A. 74-3201b, and amendments thereto.
(8) "Student" means any individual who is enrolled full time or part
time in a postsecondary educational institution.
(9) "Student association" means an officially recognized group at a
postsecondary educational institution or group seeking official recognition
that is compromised of admitted students and receives or is seeking 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
37
38
39
40
41
42
43
SB 419 4
receive benefits through the postsecondary educational institution.
(c) (1) Expressive activities are hereby deemed protected and outdoor
areas of campus are hereby deemed public forums for the campus
community to engage in expressive activities. Postsecondary educational
institutions shall not create free speech zones or other designated areas of
campus outside of which expressive activities are prohibited.
(2) Postsecondary educational institutions may maintain and enforce
reasonable time, place and manner restrictions narrowly tailored in service
of a significant institutional interest only when such restrictions are clear,
the contents are published and viewpoint-neutral and provide ample
alternative means of expression. Any such restrictions shall allow for the
campus community to spontaneously and contemporaneously assemble or
distribute literature.
(3) Nothing in this subsection shall be construed as limiting the right
of student expression in campus spaces that are not outdoor areas of
campus.
(d) (1) Any individual who wishes to engage in non-commercial
expressive activity on campus shall be permitted to do so freely, so long as
the individual's conduct is lawful and does not materially and substantially
disrupt the functioning of the postsecondary educational institution.
(2) Postsecondary educational institutions may charge security fees to
a student or student association as part of an application for any expressive
activity that requires a permit, except that no postsecondary educational
institution may charge security fees based on the content of the expressive
activity of the student, student association, an invited guest or anticipated
reaction to the expressive activity of such student, student association or
invited guest. The requirement or amount of any such security fee shall
only be determined on the basis of content-neutral and viewpoint-neutral
criteria, including, but not limited to, the location of the activity, the
anticipated size of the audience and whether alcohol will be served. Each
postsecondary educational institution shall publish the criteria that such
institution used for assessing such security fee.
(3) Nothing in this subsection shall be construed to:
(A) Prevent postsecondary educational institutions from maintaining
and enforcing reasonable time, place and manner restrictions on expressive
activity if such restrictions are:
(i) Narrowly tailored to serve a significant institutional interest;
(ii) employ clear, published, content-neutral and viewpoint-neutral
criteria; and
(iii) allow the campus community to spontaneously and
contemporaneously assemble, speak or distribute literature;
(B) prevent postsecondary educational institutions from prohibiting,
limiting or restricting expression not protected by the First Amendment of
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 419 5
the Constitution of the United States or prohibiting harassment; or
(C) enable individuals to engage in conduct that intentionally,
materially and substantially disrupts another individual's expressive
activity if such activity is occurring in a campus space that is reserved for
such activity under the exclusive use or control of such individual, student
or student association.
(e) Each postsecondary educational institution shall:
(1) Publish on its website and in any handbooks and orientation
programs, such institution's policies, regulations or expectations of
students regarding free expression on campus;
(2) develop materials, programs and procedures to ensure that any
individual who is responsible for student discipline or education,
including, but not limited to, administrators, campus police officers,
residence life officials and professors, understand the policies, regulations
and duties of the postsecondary educational institution regarding free
expression on campus; and
(3) (A) annually submit a report to the governor and the legislature
on or before the first day of the regular legislative session that includes:
(i) The course of action implemented to comply with the
requirements of this act, including any changes or updates to such course
of action;
(ii) a description of any barriers to or incidents of disruptions of
expressive activity on campus, including, but not limited to, attempts to
block or prohibit speakers and investigations into any speech by students
or student associations. Such description shall include the nature of each
barrier or incident and any disciplinary action taken against the campus
community determined to be responsible for such barrier or incident, but
such description shall keep confidential any personally identifiable
information of each student involved; and
(iii) any other information that the postsecondary educational
institution deems valuable for the public to evaluate whether free
expression rights of all members of the campus community have been
equally protected and enforced as provided in this act.
(B) The report shall be accessible from the postsecondary educational
institution's website home page by use of not more than three links,
searchable by keywords and phrases and accessible to the public without
requiring registration or use of a username, password or other
identification measures.
(C) If a postsecondary educational institution has been sued for an
alleged violation of First Amendment rights, such institution shall submit a
supplementary report to the governor and the legislature that includes a
copy of the complaint or any amended complaint within 30 days of
receiving notice that such complaint has been filed.
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 419 6
(f) (1) The attorney general or any individual whose expressive rights
were violated through violation of this act may bring an action against a
postsecondary educational institution and any agent of such institution
acting in an official capacity in a court of competent jurisdiction to enjoin
a violation of this act and recover damages, reasonable court costs and
attorney fees. If the court finds a violation of this act in an action brought
under this subsection, the court shall award the aggrieved individuals
damages in an amount of not less than $500 for the initial violation and
$50 for each day that such violation continues. The damages shall begin
accruing the day immediately after the complaint is served on the
postsecondary educational institution. If there are violations that harm
multiple individuals, the court shall divide the damages equitably.
(2) Each day that the violation continues and each day that a policy in
violation of this act remains in effect shall constitute a new day of the
violation.
(g) A postsecondary educational institution that violates this act is not
immune from suit or liability for such violation.
(h) The provisions of this act are severable. If any portion of the act is
declared unconstitutional or invalid, or the application of any portion of
the act to any person or circumstance is held unconstitutional or invalid,
the invalidity shall not affect other portions of the act that can be given
effect without the invalid portion or application, and the applicability of
such other portions of the act to any person or circumstance shall remain
valid and enforceable.
Sec. 2. K.S.A. 60-5311 is hereby amended to read as follows: 60-
5311. As used in K.S.A. 60-5311 through 60-5313, and amendments
thereto:
(a) "Benefit" means the following:
(1) Recognition;
(2) registration;
(3) the use of facilities of the postsecondary educational institution
for meetings or speaking purposes;
(4) the use of channels of communication of the postsecondary
educational institution; and
(5) funding sources that are otherwise available to other student
associations in the postsecondary educational institution.
(b) "Postsecondary educational institution" shall have the same
meaning as that term is means the same as defined in K.S.A. 74-3201b,
and amendments thereto.
(c) "Student" means any person individual who is enrolled on a full-
time or part-time basis full time or part time in a postsecondary
educational institution.
(d) "Religious Student association" means an association of students
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 419 7
organized around shared religious beliefs the same as defined in section 1,
and amendments thereto.
Sec. 3. K.S.A. 60-5312 is hereby amended to read as follows: 60-
5312. No postsecondary educational institution may take any action or
enforce any policy that would deny a religious , political or ideological
student association any benefit available to any other student association,
or discriminate against a religious, political or ideological student
association with respect to such benefit, based on such association's
requirement that the leaders or members of such association:
(a) Adhere to the association's sincerely held religious , political or
ideological beliefs, values or mission;
(b) comply with the association's sincerely held religious , political or
ideological beliefs, values or mission;
(c) comply with the association's sincere religious standards of
conduct; or
(d) be committed to furthering the association's religious missions, as
such or purposes, including any religious, political or ideological beliefs
or values, observance requirements, standards of conduct or missions are
as defined by the religious student association, or the religion on which the
association is based.
Sec. 4. K.S.A. 60-5313 is hereby amended to read as follows: 60-
5313. Any student or religious student association aggrieved by a violation
of K.S.A. 60-5312, and amendments thereto, may bring a cause of action
against the postsecondary educational institution for such violation and
seek appropriate relief, including, but not limited to, monetary damages.
Any student or religious student association aggrieved by a violation of
K.S.A. 60-5312, and amendments thereto, also may assert such violation
as a defense or counterclaim in any civil or administrative proceedings
brought against such student or religious student association.
Sec. 5. K.S.A. 60-5311, 60-5312 and 60-5313 are hereby repealed.
Sec. 6. 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
26
27
28
29
30
31
32