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Session of 2026
SENATE BILL No. 491
By Committee on Education
2-5
AN ACT concerning education; enacting the Haylee Weissenbach
protecting students act; establishing the office of education inspector
general; authorizing the education inspector general to conduct audits,
investigations and reviews of educational institutions; requiring
reporting of suspected professional and criminal misconduct by school
employees and agents; requiring certain individuals to register on an
educator misconduct registry established by the education inspector
general; requiring school employees and agents to submit to a criminal
history record check; providing for civil penalties for violations of the
act; amending K.S.A. 2025 Supp. 22-4714 and 75-702 and repealing
the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Section 1 et seq., and amendments thereto, shall
be known and may be cited as the Haylee Weissenbach protecting students
act.
(b) The purpose of this act is to protect the safety and well-being of
all students by establishing an independent, statewide system of
educational oversight designed to detect, investigate and prevent
professional misconduct, criminal misconduct and systemic failure in
Kansas elementary and secondary educational institutions, including
preventing employment of any current, former or prospective individual
who has engaged in verbal, physical or sexual misconduct or otherwise
poses a risk to student safety.
New Sec. 2. As used in the protecting students act:
(a) "Agent" means any individual who is not regularly employed by
an educational institution but provides a service for the educational
institution that requires such individual to be present in a school of the
educational institution or to come into unsupervised contact with students
of the educational institution during the regular hours of the school day.
"Agent" includes, but is not limited to, student teachers, volunteers and
any individual employed by a service provider that contracts with the
educational institution or governing body to provide services.
(b) "Applicant" means an individual who has submitted an
application for licensure or license renewal by the state board of education.
(c) "Credible" means, when considering the totality of circumstances,
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a reasonable person would believe that criminal or professional
misconduct may have occurred. The totality of the circumstances includes,
but is not limited to, observable facts, witness statements, patterns of
behavior or documented evidence.
(d) "Criminal misconduct" means a violation of K.S.A. 38-2223, and
amendments thereto, commission of a crime listed in K.S.A. 72-2165(a) or
(b), and amendments thereto, or any other crime described in chapter 21 of
the Kansas Statutes Annotated, and amendments thereto.
(e) "Educational institution" means any school district or nonpublic
school that operates any of the grades kindergarten through 12 in Kansas.
"Educational institution" includes charter schools, virtual schools and
alternative educational programs.
(f) "Governing body" means the board of education of a school
district and any governing body of a nonpublic school. "Governing body"
includes each individual member of a governing body.
(g) "Law enforcement" means a public office that is vested by law
with the duty to maintain public order, make arrests for crimes and
investigate criminal acts, whether that duty extends to all crimes or is
limited to specific crimes.
(h) "Licensee" means a person who currently holds a license issued
by the state board of education.
(i) "Mandated reporter" means any individual required to report
certain abuse or neglect of children pursuant to K.S.A. 38-2223(a)(1)(C),
and amendments thereto.
(j) "Parent" means and includes a natural parent, adoptive parent,
stepparent, guardian or individual with the legal authority to act on behalf
of the child.
(k) "Professional misconduct" means unacceptable or improper
behavior by a school employee or agent. "Professional misconduct"
includes abuse, retaliation, any specific violation of an educational
institution's code of conduct, inappropriate conduct with students,
falsification of professional credentials, employment applications or
employment history, conduct that undermines student safety or
institutional integrity or any other behavior that would disqualify an
individual from employment in a school setting.
(l) "Registry" means the education misconduct registry established by
the education inspector general as provided in section 9, and amendments
thereto.
(m) "Retaliation" means any adverse employment action taken in
response to a protected disclosure or report of suspected professional
misconduct or criminal misconduct. "Retaliation" includes, but is not
limited to, involuntary termination, reassignment or demotion of school
employees who have made reports of misconduct and whose personnel
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records and documented performance reviews do not warrant such action.
(n) "School employee" means any individual employed by a school
district or nonpublic elementary or secondary school in Kansas, including,
but not limited to, superintendents, administrators, teachers, librarians,
paraprofessionals, school nurses, and other school support staff.
(o) "Whistleblower" means any individual who reports suspected
criminal misconduct or professional misconduct to the office of education
inspector general or law enforcement.
New Sec. 3. (a) There is hereby established the office of education
inspector general within the office of the attorney general. All management
functions and personnel of the office of education inspector general shall
be administered under the direction and supervision of the attorney
general. The purpose of the office of education inspector general is to
establish a full-time program of audit, investigation and performance
review and enforcement to ensure accountability, transparency and
integrity within Kansas educational institutions. The office of education
inspector general shall be independent and free from political influence.
(b) (1) The education inspector general shall be appointed by the
attorney general and subject to confirmation by the senate as provided in
K.S.A. 75-4315b, and amendments thereto. Except as provided in K.S.A.
46-2601, and amendments thereto, no individual appointed to the position
of education inspector general shall exercise any power, duty or function
of the education inspector general until confirmed by the senate. The
education inspector general shall be selected without regard to political
affiliation and on the basis of integrity and capacity for effectively carrying
out the duties of the office of education inspector general. The education
inspector general shall possess demonstrated knowledge, skills, abilities
and experience in conducting audits and investigations and shall be
familiar with the programs subject to oversight by the office of education
inspector general. The education inspector general shall exercise
independent judgment in performing the duties of the office of education
inspector general.
(2) No former or current executive or manager of any program or
agency subject to oversight by the office of education inspector general
may be appointed as education inspector general within two years of that
individual's period of service with such program or agency. The education
inspector general shall hold at the time of appointment, or shall obtain
within one year after confirmation, certification as a certified inspector
general from the association of inspectors general, council of the
inspectors general on integrity and efficiency or other national
organization that provides training to inspectors general.
(3) An individual appointed to the position of education inspector
general shall serve at the pleasure of the attorney general.
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(4) The education inspector general shall be in the unclassified
service and receive an annual salary in an amount equal to the annual
salary paid by the state to the attorney general.
(5) The education inspector general shall report to the attorney
general. Subject to subsection (a)(1), the education inspector general shall
have general managerial control over the office of education inspector
general and may organize the office as the education inspector general
deems appropriate to carry out the responsibilities and functions of the
office.
(6) Appropriations for the office of education inspector general shall
be made to the attorney general by separate line item appropriations for the
office of education inspector general. Within the limits of appropriations
therefor, the attorney general may hire such employees in the unclassified
service as are necessary to administer the office of education inspector
general. Such employees shall serve at the pleasure of the attorney general.
(c) The office of education inspector general shall generally oversee,
investigate, audit and make performance reviews of educational
institutions for the purposes of preventing and identifying professional
misconduct, criminal misconduct, educational institution systemic failure
and violations of this act or any other law and perform the duties required
by section 5, and amendments thereto.
(d) (1) The education inspector general or any employee of the
education inspector general's office shall have access to all pertinent
information, confidential or otherwise, and to all personnel and facilities of
an educational institution, state agency and any local governmental agency
that are necessary to perform the duties of the office. Educational
institutions, state agencies and local governmental agencies shall provide
the education inspector general requested information, assistance and
cooperation.
(2) To carry out the duties of the office of education inspector
general, the education inspector general shall have the power to compel by
subpoena the attendance and testimony of witnesses and the production of
documents, electronic records and papers directly related to any audit,
investigation or performance review.
(e) Except as otherwise provided in this section, the education
inspector general and all employees and former employees of the office of
education inspector general shall be subject to the same duty of
confidentiality imposed by law on any such individual or agency with
regard to any such information and any civil or criminal penalties imposed
by law for violations of such duty of confidentiality. The duty of
confidentiality imposed on the education inspector general and all
employees and former employees of the office of education inspector
general shall be subject to the provisions of subsection (f), and the
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education inspector general may furnish all such information to the
attorney general, Kansas bureau of investigation or office of the United
States attorney in Kansas pursuant to subsection (f). Upon receipt thereof,
the attorney general, Kansas bureau of investigation or office of the United
States attorney in Kansas and all assistants and all other employees and
former employees of such offices shall be subject to the same duty of
confidentiality with the exceptions that any such information may be
disclosed in criminal or other proceedings that may be instituted and
prosecuted by the attorney general or the United States attorney in Kansas,
and any such information furnished to the attorney general, the Kansas
bureau of investigation or the United States attorney in Kansas under
subsection (f) may be entered into evidence in any such proceedings.
(f) All investigations conducted by the education inspector general
shall be conducted in a manner that ensures the preservation of evidence
for use in criminal prosecutions, civil actions or agency administrative
actions. If the education inspector general determines that a possible
criminal act, false claim or any instances of misfeasance, malfeasance or
nonfeasance by a public officer or employee has been committed, the
education inspector general shall immediately notify the attorney general.
The education inspector general may present findings to the office of the
attorney general, applicable district or county attorney or the office of the
United States attorney in Kansas. The education inspector general may
refer matters involving professional misconduct or ethics or licensure
violations to the appropriate state licensing board.
(g) The scope, timing and completion of any audit, investigation or
performance review conducted by the office of education inspector general
shall be within the discretion of the education inspector general. Any audit
conducted by the office of education inspector general shall adhere to and
comply with all generally accepted governmental auditing standards
promulgated by the United States government accountability office.
(h) Based on the education inspector general's findings, the education
inspector general may make recommendations for changes in law, rules
and regulations, policy or procedures as the education inspector general
deems appropriate to carry out the provisions of law or to improve
functionality or efficiency.
(i) Nothing in this section shall limit investigations by any state
department or agency that may otherwise be required or permitted by law
or may be necessary in carrying out the duties and functions of such
agency.
New Sec. 4. (a) There is hereby established the education inspector
general oversight review board within the office of the attorney general.
The education inspector general oversight review board shall monitor the
operations, integrity and public accountability of the office of education
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inspector general.
(b) The education inspector general oversight review board shall
consist of seven members, who shall serve for a three-year term, as
follows:
(1) One licensed educator with no professional relationship with the
state department of education or governing body appointed by the state
board of education;
(2) one retired law enforcement officer with investigative experience
appointed by the attorney general;
(3) one parent of a student who is or was enrolled in and attending an
educational institution appointed by the governor;
(4) one attorney with professional experience in civil rights law
appointed by the disciplinary administrator;
(5) one representative of a child advocacy organization appointed by
the secretary of the department for children and families;
(6) one member of the Kansas legislature appointed jointly by the
speaker of the house of representatives and the president of the senate; and
(7) one student enrolled in and attending an educational institution
appointed by the state board of education.
(c) The members of the board shall elect a chairperson and a vice
chairperson from among such board's members. The board shall meet at
least two times per year. A quorum shall consist of a majority of the
members of the board. All actions of the board shall be taken by such
majority.
(d) The board shall:
(1) Review the office of the education inspector general policies,
handling of complaints, timeliness, transparency and decisions for
compliance with this act;
(2) receive and review complaints about the office of education
inspector general, investigations of the office of education inspector
general;
(3) make recommendations to the attorney general, the education
inspector general and the legislature to improve fairness, integrity and
responsiveness;
(4) request audits and recommend corrective actions as necessary;
and
(5) publish any reports, complaints and recommendations on the
office of education inspector general website, but such reports, complaints
and recommendations may be redacted as required for confidentiality or
compliance with state or federal law.
(e) The board shall not intervene with any active investigations of the
office of education inspector general or direct the day-to-day operations of
such office.
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New Sec. 5. (a) The education inspector general shall:
(1) Investigate professional misconduct and criminal misconduct in
Kansas educational institutions. The education inspector general shall
initiate the investigations required by section 6, and amendments thereto.
Such investigations may include investigations of professional misconduct
and criminal misconduct that occurred before July 1, 2026. All
investigations by the education inspector general may include, but are not
limited to, interviews, witness testimony and document review;
(2) conduct audits and site inspections of Kansas educational
institutions;
(3) receive complaints and reports of professional misconduct,
criminal misconduct and violations of this act or any other law;
(4) establish an anonymous reporting portal as provided in section 7,
and amendments thereto;
(5) issue findings, investigative reports, corrective action plans or
cease-and-desist orders;
(6) monitor retaliation against complainants or reporters and enforce
whistleblower protections;
(7) establish an education misconduct registry as provided in section
9, and amendments thereto;
(8) conduct a safety and compliance audit for each educational
institution that assess the institution's compliance with this act, including,
but not limited to, referring criminal misconduct to law enforcement,
providing required training, reporting to the office of education inspector
general in a timely and accurate manner and conducting prehiring
screenings;
(9) cooperate with the education inspector general oversight review
board and not interfere in such board's access to any records or data;
(10) report suspected criminal misconduct or other suspected
violations of law to law enforcement, the attorney general or the
appropriate county or district attorney;
(11) report findings of professional misconduct and criminal
misconduct to national educator databases, including, but not limited to,
the national association of state directors of teacher education and
certification, within 15 days of any final administrative determination; and
(12) work with other state agencies and law enforcement agencies to
ensure transparency, efficiency and accountability. As part of working with
such agencies, the office of education inspector general may enter into
information-sharing agreements as necessary to administer this act.
(b) The education inspector general may review an educational
institution or governing body's employment policies and practices, human
resources actions, internal investigations, financial management,
procurement policies and hiring policies.
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(c) If violations of this act are found, the education inspector general
may:
(1) Mandate corrective action, including, but not limited to, policy or
procedure changes, administrative restructuring and employee training;
(2) recommend suspension or revocation of professional licensure or
employment;
(3) recommend reinstatement of an individual suspended, fired or
whose contract was not renewed for reporting suspected professional
misconduct, criminal misconduct or violations of this act;
(4) recommend administrative sanctions;
(5) refer the violations for criminal investigation to the attorney
general or district or county attorney; or
(6) refer the violations for civil action or penalty to the attorney
general pursuant to section 13, and amendments thereto.
(d) (1) The office of education inspector general shall make an annual
report to the legislature, the governor and the state board of education
summarizing investigations, findings, enforcement actions,
recommendations and information-sharing agreements from the
immediately preceding calendar year.
(2) The office of education inspector general in collaboration with the
state department of education shall make an annual report to the legislature
that includes the number of criminal misconduct cases referred to law
enforcement, the outcomes of such cases, the number of cases that were
prosecuted, instances when law enforcement failed to act and any
subsequent review by the attorney general or Kansas commission on peace
officers' standards and training and recommendations to improve
accountability.
(3) The office of education inspector general shall make a quarterly
report that shall contain the following information from the immediately
preceding quarter:
(A) A summary of investigations completed;
(B) the number and type of complaints received;
(C) the categories of complaints received;
(D) required corrective actions and compliance status; and
(E) any referrals made to law enforcement, the attorney general, a
district or county attorney, the office of the United States attorney in
Kansas or a state licensing board.
(4) Reports made under this subsection shall comply with all
applicable confidentiality laws and rules and regulations. Such reports
shall be published on the office of education inspector general's website.
(e) The office of education inspector general may cooperate or assist
with law enforcement investigations that relate to professional misconduct
or violations of this act.
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New Sec. 6. (a) The office of education inspector general shall initiate
an investigation immediately upon:
(1) Receipt of two or more complaints against the same individual,
educational institution or governing body within a 12-month period if such
complaints involve professional misconduct, criminal misconduct or
violations of this act or any other law that impact student safety or
educational institution integrity. The education inspector general may
initiate an investigation upon receipt of one such complaint;
(2) verified coerced resignations of school employees, use of
nondisclosure agreements by an educational institution or governing body
related to credible allegations of professional misconduct or instances
when an educational institution or governing body settled an issue without
reporting or conducting an investigation of credible allegations of
professional misconduct;
(3) reports, audits or credible allegations of nepotism, preferential
treatment in employee hiring or promotion, unethical procurement or
contracting practices or conflicts of interest involving public moneys;
(4) failure of a mandated reporter to make a report as required by
K.S.A. 38-2223(a)(1)(C), and amendments thereto;
(5) evidence of an educational institution or governing body
dismissing reports of suspected professional misconduct, criminal
misconduct, violations of this act or failing to investigate such reports;
(6) referral from law enforcement, the Kansas department for children
and families, the attorney general, a county or district attorney or any other
state agency of suspected professional misconduct or criminal misconduct,
administrative interference related to educational institutions; and
(7) receipt of credible allegations of retaliation against an individual
who reported suspected professional misconduct, criminal misconduct or
violations of this act.
(b) The office of education inspector general may investigate any
educational institution or governing body if evidence exists that such
school or governing body:
(1) Systemically failed to act on or covered up credible reports of
suspected school employee or agent professional misconduct, criminal
misconduct or violations of this act;
(2) enacted policies that violate due process, inhibit lawful reporting
or prevent school employees, agents, students or parents from reporting
professional misconduct, criminal misconduct or violations of this act; or
(3) denied the right to a lawful hearing.
(c) For any allegations that a school or school governing body
violated the Kansas open meetings act, K.S.A. 75-4317 et seq., and
amendments thereto, or the Kansas open records act, K.S.A. 45-215 et
seq., and amendments thereto, the office of education inspector general
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shall report such allegations to the attorney general or the county or district
attorney where such violation occurred.
(d) No school employee, educational institution, governing body, the
state board of education or any state agency shall interfere with, delay,
obstruct or preempt any investigation initiated by the office of education
inspector general pursuant to this section. Refusal to comply, intentional
delay, concealment or obstruction is a violation of this act and may result
in penalties as provided in section 13, and amendments thereto.
New Sec. 7. (a) (1) Each educational institution, governing body or
state agency shall report to the office of education inspector general any
licensed educator or unlicensed non-educator school employee or agent
who is suspected of criminal misconduct, professional misconduct or
violations this act. If a report is required pursuant to section 8, and
amendments thereto, the individual making such report shall notify the
office of education inspector general of such report within 24 hours. The
state department of education shall refer allegations of professional
misconduct to the office of education inspector general for investigation.
(2) The education inspector general shall receive reports of suspected
professional misconduct, criminal misconduct or violations of this act. Any
individual who reports such suspected misconduct or violations to the
office of education inspector general shall be considered a whistleblower
and protected by this section or K.S.A. 75-2973, and amendments thereto.
The education inspector general may receive reports of suspected
misconduct that occurred before July 1, 2026.
(3) Any false or malicious report of criminal misconduct shall be
referred to law enforcement. No individual shall be penalized under this
section for a good faith report made with reasonable suspicion even if such
report is later found to be false or unsubstantiated.
(b) (1) The education inspector general shall establish and maintain a
secure online reporting portal to receive reports of suspected professional
misconduct and criminal misconduct by school employees or agents. Each
educational institution shall provide a link to such portal on each such
institution's website.
(2) The reporting portal shall:
(A) Meet the requirements established by the office of education
inspector general;
(B) allow anyone, including members of the public, to make a report,
including making a report anonymously;
(C) alert an administrator when a report should be made to law
enforcement; and
(D) include notice of legal protections for individuals making report
of professional misconduct or criminal misconduct, including
whistleblower protections.
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(3) Each educational institution or governing body may establish a
reporting portal separate from the portal established by the office of
education inspector general. Any such portal shall comply with the portal
requirements provided in paragraph (2).
(c) The office of education inspector general shall not disclose or
make public the identity of any victim of professional misconduct or
criminal misconduct or individual who makes such report pursuant to this
act unless such individual consents in writing to the disclosure of such
individual's identity. Disclosure of the identity of any individual who
makes a report pursuant to this act shall not be ordered as part of any
administrative or judicial proceeding.
(d) Any information received by the education inspector general from
any individual concerning suspected professional misconduct, criminal
misconduct or violations of this act shall be confidential and not disclosed
or made public, upon subpoena or otherwise, except that such information
may be disclosed if:
(1) Release of the information would not result in the identification of
the individual who provided the information;
(2) the individual who provided the information consents to the
disclosure in writing prior to the disclosure;
(3) the disclosure is necessary to protect the public health or student
safety; or
(4) the information is required in an administrative or court
proceeding and appropriate provision has been made to allow disclosure of
the information without disclosing to the public the identity of the
individual who reported such information to the education inspector
general.
(e) (1) No educational institution, governing body, administrator or
supervisor shall:
(A) Prohibit any school employee, agent, student or parent from
reporting any information to the education inspector general; or
(B) require any such school employee, agent, student or parent to
give notice prior to making any such report.
(2) Paragraph (1) shall not be construed to:
(A) Prohibit an educational institution, governing body, administrator
or supervisor from requiring that a school employee or agent inform such
educational institution, governing body, administrator or supervisor as to
any requests for information or testimony made by the office of education
inspector general pursuant to this act;
(B) permit a school employee or agent to leave assigned work areas
during normal work hours without following applicable rules and
regulations and policies pertaining to leave, unless the school employee or
agent is requested by the office of education inspector general to appear at
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SB 491 12
a meeting with officials of such office;
(C) authorize a school employee or agent to represent such
employee's or agent's personal opinions as the opinions of the educational
institution, governing body, administrator or supervisor; or
(D) prohibit disciplinary action of a school employee or agent who
discloses information that is confidential or privileged under statute or
court rule, exempt from required disclosure the Kansas open records act or
is false or disclosed with reckless disregard for truth or falsity.
(f) No educational institution, governing body, administrator or
supervisor shall retaliate against a whistleblower for reporting suspected
professional misconduct, criminal misconduct or violations of this act.
(g) The office of education inspector general shall investigate
credible allegations of retaliation against an individual who reported
suspected professional misconduct, criminal misconduct or violations of
this act.
(h) Engaging in retaliation is a violation of this act and may result in
penalties as provided in section 13, and amendments thereto.
(i) Nothing in this section shall be construed to limit a
whistleblower's rights and protections under any other provision of law.
New Sec. 8. (a) In addition to the requirements of K.S.A. 38-2223,
and amendments thereto, any school employee, agent, administrator,
supervisor or governing body who reasonably suspects, observes or
receives a credible report of criminal misconduct shall immediately report
such misconduct to the appropriate law enforcement agency as soon as
practicable. An individual making such report may notify such individual's
supervisor, administrator, governing body or educational institution
attorney only after making such report or if such individual needs
assistance in making such report.
(b) No educational institution, governing body, administrator or
supervisor shall:
(1) Initiate an internal investigation until the report required by
subsection (a) is made; or
(2) delay or interfere in the reporting required by subsection (a). Any
such delay or interference may be investigated by the office of education
inspector general and a violation of this act.
(c) Any educational institution, governing body, administrator or
supervisor who knowingly fails to report or suppresses or withholds
information regarding criminal misconduct may be referred to the attorney
general or district or county attorney and subject to penalties.
(d) Law enforcement agencies shall notify the office of education
inspector general when such agencies initiate an investigation of a school
employee, agent, administrator, supervisor or governing body for criminal
misconduct or such agencies suspect retaliation against an individual who
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reported suspected criminal misconduct. Such notice may be provided
through the reporting portal established pursuant to section 7, and
amendments thereto. Law enforcement agencies shall provide such notice
even if such information was provided to the office of education inspector
general by another individual or entity.
(e) Each law enforcement agency that receives a report of criminal
misconduct by a school employee or agent shall conduct a timely,
thorough and impartial investigation of such misconduct. Failure to
conduct such investigation may be investigated by the office of attorney
general.
(f) No school employee, agent, educational institution, governing
body, administrator or supervisor shall interfere, obstruct or delay a law
enforcement investigation.
New Sec. 9. (a) (1) The education inspector general shall establish
and maintain an education misconduct registry of licensed teachers and
unlicensed non-educator school staff and agents who have been:
(A) Convicted of, or entered into a diversion agreement after having
been charged with any offense described in chapter 21 of the Kansas
Statutes Annotated, and amendments thereto, of an act in another
jurisdiction that is comparable to an offense described in chapter 21 of the
Kansas Statutes Annotated, and amendments thereto; or
(B) found to have engaged in professional misconduct after an
investigation pursuant to this act, including investigations of professional
misconduct that occurred prior to July 1, 2026.
(2) Any individual who meets the requirements of paragraph (1) shall
register with the office of education inspector general within 30 business
days of conviction, entering into a diversion agreement pursuant to
paragraph (1)(A) or notice of any final determination by the education
inspector general, an educational institution, governing body or state
agency that such individual engaged in professional misconduct pursuant
to paragraph (1)(B). Failure to register is a violation of this act and shall
not prohibit the education inspector general from including the individual
on the education misconduct registry.
(3) The office of education inspector general shall notify an
individual who meets the requirements of paragraph (1) of the duty to
register. The individual may appeal the requirement to register within 15
business days of such notice, and such appeal shall be conducted and
decided upon in accordance with the Kansas administrative procedure act.
The decision may be appealed to the district court.
(b) The education misconduct registry shall include the following
registrant information:
(1) Name and all aliases;
(2) date and city, state and country of birth;
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(3) all professional licenses, designations and certifications;
(4) educational institution where the professional misconduct or
criminal misconduct occurred;
(5) role with the educational institution when the professional
misconduct or criminal misconduct occurred;
(6) nature, category and date of the professional misconduct or
criminal misconduct;
(7) outcome and disciplinary action taken by any educational
institution, governing body, administrator, supervisor, court, attorney
general, education inspector general, licensing body or any other state
agency as a result of any investigation of the professional misconduct or
criminal misconduct;
(8) current employment status with the educational institution where
the professional misconduct or criminal misconduct occurred; and
(9) office of education inspector general investigation reference
number.
(c) The education misconduct registry shall not include any
personally identifiable information of any victim of professional
misconduct or criminal misconduct or individual who reported
misconduct. The registry may include aggregate or summarized
information to preserve the confidentiality of such personally identifiable
information.
(d) The education misconduct registry shall be:
(1) Public and clearly and prominently linked on the websites of the
office of education inspector general, state department of education and
attorney general;
(2) in compliance with the Americans with disabilities act of 1990
and accessible by mobile devices;
(3) searchable by name, educational institution and type of
misconduct;
(4) updated as often as is necessary to maintain accurate information;
and
(5) maintained in a uniform and standardized format.
(e) (1) An individual may be removed from the registry:
(A) Five years from the date of registration if the education inspector
general determines that such individual:
(i) Has not been found to have engaged in subsequent professional
misconduct or criminal misconduct;
(ii) does not pose a threat to student safety, as determined by the
office of education inspector general; and
(iii) has never been convicted of a crime listed in K.S.A. 72-2165(a)
or (b), and amendments thereto; or
(B) the individual files a petition for relief from registration
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requirements and the education inspector general determines, after a
hearing on such petition in accordance with the administrative procedure
act, that the individual should be removed from the registry.
(2) Except as otherwise provided in this subsection, the education
inspector general shall determine the duration of an individual's
registration requirement and the conditions when registration may be
terminated.
(f) Any individual responsible for hiring a school employee shall
review the education misconduct registry prior to offering employment as
a school employee to any individual.
New Sec. 10. (a) The state board of education shall:
(1) Cooperate with the office of education inspector general with
regard to any investigation, audit or oversight review initiated under this
act. Such cooperation includes, but is not limited to, timely submission of
documents, records, emails, personnel files and internal communications,
full and accurate responses to questions, production of witnesses,
provision of accurate and timely testimony and compliance with any
subpoena issued pursuant to this act;
(2) immediately refer reports of professional misconduct to the office
of education inspector general and criminal misconduct to law
enforcement for investigation;
(3) maintain educator licensure records;
(4) consider recommendations from the office of education inspector
general with regard to suspensions, revocations and denials of educator
licensure;
(5) ensure that an educator's licensure status on the registry is correct
and, if necessary, report updates in a timely manner;
(6) provide annual training to governing bodies, administrators,
supervisors and human resources employees on the requirements of this
act, including, but not limited to, reporting requirements, whistleblower
protections and coordination with law enforcement and the office of
education inspector general. The state board of education shall certify to
the office of education inspector general that such training has been
completed;
(7) provide policy guidance to educational institutions on school
employee and agent training, preemployment screenings, record retention
and making reports to the office of education inspector general. Such
policy guidance on training shall include, but not be limited to, mandated
reporter training, title IX training and professional conduct training; and
(8) suspend or terminate the license of any educator who is found to
have engaged in professional or criminal misconduct after an investigation
pursuant to this act or who has been subject to license suspension or
revocation in another state;
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(b) The state board of education shall not:
(1) Conduct investigations into matters under investigation by the
office of education inspector general;
(2) maintain a public database of educator misconduct; or
(3) issue or renew any educator license unless the applicant for such
licensure has complied with the training requirements of this act.
(c) Any member of the state board of education or employee of the
state department of education who violates this act shall be referred to the
office of education inspector general or attorney general and subject to
penalties as provided by law.
New Sec. 11. (a) Educational institutions shall:
(1) Provide and document annual training to school employees and
agents on:
(A) Whistleblower protections;
(B) the duty to report professional and criminal misconduct and
reporting procedures;
(C) recognizing and reporting sexual misconduct and grooming;
(D) obligations as a mandated reporter; and
(E) obligations as a school employee or agent under this act;
(2) provide written notice of whistleblower protections and
procedures to all school employees and agents and post such notice on the
educational institution's website and at each attendance center of the
educational institution;
(3) cooperate with the office of education inspector general with
regard to any investigation, audit or oversight review initiated under this
act. Such cooperation includes, but is not limited to, timely submission of
documents, records, emails, personnel files and internal communications,
full and accurate responses to questions, production of witnesses,
provision of accurate and timely testimony and compliance with any
subpoena issued pursuant to this act;
(4) annually certify to the state board of education and the office of
education inspector general that all contracts, agreements, policies,
procedures and guidelines are in compliance with this act;
(5) ensure that students affected by any misconduct have access to
trauma-informed support services. Such services shall be delivered within
five school days of the report or discovery of misconduct and at no cost to
the student or the student's family. A licensed professional certified to
provide mental health, trauma recovery or counseling services to minors
shall provide such services in a way that is culturally responsive,
developmentally appropriate and accessible regardless of the student's
abilities, language or background.
(6) prior to any hiring decision, review the registry established in
section 9, and amendments thereto, and the national association of state
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directors of teacher education and certification clearinghouse;
(7) fully and truthfully disclose to such other institution whether a
school employee or agent was investigated for professional misconduct or
criminal misconduct, resigned, retired or was terminated because of any
such investigation or was referred to law enforcement, the state board of
education or the office of education inspector general for any such
misconduct. No educational institution or individual acting on behalf of an
educational institution shall be liable for any disclosure made in good faith
and without malice under this paragraph; and
(8) annually submit a report to the office of education inspector
general in a manner determined by the education inspector general. Such
report shall include:
(A) Certification that all school employees and agents received the
training required by paragraph (1);
(B) forms signed by the educational institution superintendent or head
administrator, human resources officers and any mandated reporter
attesting that such individual received the the training materials on and
understand the mandatory reporting requirements and whistleblower
protections; and
(C) certification that any agreement, contract, policy or procedure of
the educational institution conforms to the requirements of this act.
(b) School districts shall report to the state department of education
within seven business days of receiving a credible allegation or
substantiated finding that professional misconduct or criminal misconduct
occurred or a school employee resigned, retired or was terminated due to
any such misconduct. Such report shall be made even if a report is made to
law enforcement or the office of education inspector general as provided in
this act. No school district shall delay or fail to make the report required by
this subsection because of any internal review, pending legal negotiation or
settlement discussion or administrative uncertainty.
(c) No educational institution, governing body or administrator shall:
(1) Assist a school employee or former employee in obtaining new
employment if such institution, body or administrator knows or has
probable cause to believe that such employee engaged in sexual
misconduct with a student, even if unresolved or not adjudicated.
Assistance under this paragraph means providing confidential settlement
regarding the misconduct, failure to report the misconduct or providing
neutral or misleading recommendations or references on behalf of the
employee; or
(2) enter into an agreement that suppresses, conceals, delays or
prohibits the disclosure of information related to a current or former school
employee's professional misconduct or criminal misconduct, except that
information regarding any student or individual making a report shall be
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confidential. Agreements under this paragraph include employment
contracts, severance packages, nondisclosure agreements, settlement
agreements, memoranda of understanding, side letters or other negotiated
instruments.
(d) Any refusal to comply with this section, intentional delay,
concealment or obstruction is a violation of this act and may result in
referral to the state department of education, attorney general or result in
penalties.
New Sec. 12. On and after July 1, 2026, all applicants for licensure or
license renewal with the state board of education and applicants for
employment at an educational institution shall be fingerprinted and submit
to a state and national criminal history record check in accordance with
K.S.A. 22-4714, and amendments thereto.
New Sec. 13. (a) In addition to any other penalty provided by law,
any individual or governing body who violates any provision of this act
may be subject to:
(1) A civil penalty of up to $25,000 for each violation as determined
by the attorney general;
(2) public censure by the education inspector general;
(3) disqualification from licensure as an educator or administrator;
and
(4) registration on the educator misconduct registry as provided in
section 9, and amendments thereto.
(b) In determining the amount of the civil penalty, the attorney
general shall consider:
(1) The extent of harm caused by the violation;
(2) the nature and persistence of the violation;
(3) the length of time over which the violation occurred;
(4) any corrective actions taken; and
(5) any other relevant circumstances.
(c) All civil penalties assessed shall be due and payable within 10
days after written notice of assessment is served on the individual, unless a
longer period of time is granted by the attorney general. If a civil penalty is
not paid within the applicable time period, the attorney general may file a
certified copy of the notice of assessment with the clerk of the district
court in the county where such individual is located or such violation
occurred. The notice of assessment shall be enforced in the same manner
as a judgment of the district court.
(d) No civil penalty shall be imposed pursuant to this section until
after notice and a hearing, if a hearing is requested, in accordance with the
provisions of the Kansas administrative procedure act. Judicial review and
civil enforcement of agency actions under this act shall be in accordance
with the Kansas judicial review act.
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(e) Any civil penalty recovered pursuant to this section shall be
remitted to the state treasurer in accordance with the provisions of K.S.A.
75-4215, and amendments thereto. Upon receipt of each such remittance,
the state treasurer shall deposit the entire amount in the state treasury to
the credit of the state general fund.
New Sec. 14. (a) (1) This act shall be construed liberally to protect
students, promote transparency and prevent individuals with a history of
misconduct from working in educational institutions.
(2) This act shall not be construed to supersede any laws in existence
on July 1, 2026, that govern the conduct of educators, school employees or
agents of educational institutions. This act shall be construed to enhance
coordination, transparency and enforcement of such existing laws.
(b) No term, condition or other provision of an agreement that
purports to waive or limit an educational institution's obligations under this
act shall be valid or enforceable. If a term, condition or other provision of
an agreement is determined to be invalid, unenforceable or void, such
term, condition or provision shall not affect the validity or enforceability
of any other provision of such agreement.
(c) In the event of a conflict between this act and any other law, this
act shall govern unless the other law provides greater protections to
students.
Sec. 15. K.S.A. 2025 Supp. 22-4714 is hereby amended to read as
follows: 22-4714. (a) A governmental agency other than a criminal justice
agency as defined in K.S.A. 22-4701, and amendments thereto, identified
in subsection (b) may require a person to be fingerprinted and shall submit
such fingerprints to the Kansas bureau of investigation and the federal
bureau of investigation for a search of the state and federal database.
Fingerprints provided pursuant to this section may be used to identify a
person and to determine whether such person has a record of criminal
history in this state or in another jurisdiction. An agency identified in
subsection (b) may use the information obtained from the criminal history
record check for the purposes of verifying the identification of a person
and in the official determination of the qualifications and fitness of such
person to be issued or maintain employment, licensure, registration,
certification or a permit, act as an agent of a licensee, hold ownership of a
licensee or serve as a director or officer of a licensee.
(b) (1) The Kansas bureau of investigation shall release criminal
history record information related to adult convictions, adult non-
convictions, adult diversions, adult expunged records, juvenile
adjudications, juvenile non-adjudications, juvenile diversions and juvenile
expunged records to:
(A) The Kansas department for children and families or the Kansas
department for aging and disability services for initial or continuing
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employment or participation in any program administered for the
placement, safety, protection or treatment of vulnerable children or adults
as described in K.S.A. 75-53,105, and amendments thereto;
(B) the attorney general for applicants as defined in K.S.A. 75-7b01,
and amendments thereto, in connection with such application as described
in K.S.A. 75-7b04 and 75-7b17, and amendments thereto;
(C) the attorney general for applicants as defined in K.S.A. 75-7c02,
and amendments thereto, in connection with such application as described
in K.S.A. 75-7c05, and amendments thereto;
(D) the attorney general for applicants as defined in K.S.A. 75-7b01,
and amendments thereto, in connection with such application for
certification as described in K.S.A. 75-7b21, and amendments thereto; and
(E) the attorney general for applicants as defined in K.S.A. 7e01, and
amendments thereto, in connection with such application as described in
K.S.A. 75-7e03, and amendments thereto.
(2) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions, adult non-convictions,
adult diversions, adult expunged records and juvenile expunged records to:
(A) The state lottery for candidates for employees as defined in
K.S.A. 74-8702, and amendments thereto, in connection with such
employment as described in K.S.A. 74-8704, and amendments thereto; and
(B) the Kansas racing and gaming commission for candidates for
employees or licensees as defined in K.S.A. 74-8802, and amendments
thereto, in connection with such employment or license as described in
K.S.A. 74-8804, and amendments thereto, including an applicant for a
simulcasting license.
(3) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions, adult non-convictions,
adult diversions, adult expunged records, juvenile adjudications, juvenile
non-adjudications and juvenile diversions to:
(A) The emergency medical services board for applicants as defined
in K.S.A. 65-6129, and amendments thereto, in connection with such
application as described in K.S.A. 65-6129, and amendments thereto;
(B) the department of administration for candidates for sensitive
employees as defined in K.S.A. 75-3707e, and amendments thereto, in
connection with such employment as described in K.S.A. 75-3707e, and
amendments thereto; and
(C) the state gaming agency for candidates for employees and
licensees as defined in K.S.A. 74-9802, and amendments thereto, in
connection with such employment or license as described in K.S.A. 74-
9805, and amendments thereto.
(4) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions, adult non-convictions,
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adult diversions and adult expunged records to:
(A) The supreme court and state board of law examiners for
applicants as defined in K.S.A. 7-127, and amendments thereto, in
connection with such application as described in K.S.A. 7-127, and
amendments thereto; and
(B) the commission on peace officers' standards and training for
applicants for certification under the Kansas law enforcement training act
as described in K.S.A. 74-5607, and amendments thereto;
(C) the state board of education for applicants for licensure as
defined in section 2, and amendments thereto, in connection with such
application as described in section 12, and amendments thereto;
(D) educational institutions for candidates for school employees as
defined in section 2, and amendments thereto, in connection with such
employment as described in section 12, and amendments thereto; and
(E) the education inspector general for licensees as defined in section
2, and amendments thereto, in connection with an investigation described
in section 6, and amendments thereto.
(5) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions, adult non-convictions,
adult diversions and juvenile adjudications to:
(A) The athletic commission within the Kansas department of
commerce for a candidate for boxing commission as defined in K.S.A. 74-
50,182, and amendments thereto, in connection with such appointment as
described in K.S.A. 74-50,184, and amendments thereto;
(B) the secretary of health and environment for employees at a child
care facility as defined in K.S.A. 65-503, and amendments thereto, in
connection with such employment as described in K.S.A. 65-516, and
amendments thereto;
(C) the secretary of commerce for final applicants for a sensitive
position or employees in a sensitive position as defined in K.S.A. 2025
Supp. 74-5005a, and amendments thereto, in connection with such
employment as described in K.S.A. 2025 Supp. 74-5005a, and
amendments thereto;
(D) the secretary of labor for employees as defined in K.S.A. 75-
5702, and amendments thereto, in connection with such employment as
described in K.S.A. 75-5702, and amendments thereto; and
(E) the state bank commissioner for any officer, partner, member,
owner, principal or director of an applicant or registrant in connection with
such application or registration as described in K.S.A. 2025 Supp. 9-2411,
and amendments thereto.
(6) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions and juvenile adjudications
to:
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(A) The secretary for aging and disability services for applicants as
defined in K.S.A. 39-970, and amendments thereto, in connection with
such application as described in K.S.A. 39-970, and amendments thereto;
(B) the Kansas department for aging and disability services for
applicants as defined in K.S.A. 39-2009, and amendments thereto, in
connection with such application as described in K.S.A. 39-2009, and
amendments thereto; and
(C) the secretary for aging and disability services for applicants as
defined in K.S.A. 65-5117, and amendments thereto, in connection with
such application as described in K.S.A. 65-5117, and amendments thereto.
(7) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions and adult non-convictions
to:
(A) The division of motor vehicles within the department of revenue
for applicants for reinstatement of a license to drive a commercial motor
vehicle as described in K.S.A. 8-2,142, and amendments thereto;
(B) the board of examiners in optometry for applicants or licensees as
defined in K.S.A. 65-1501, and amendments thereto, in connection with
such application or an investigation as described in K.S.A. 65-1505, and
amendments thereto;
(C) the board of pharmacy for fingerprint candidates as defined in
K.S.A. 65-1626, and amendments thereto, in connection with such
application or license as described in K.S.A. 65-1696, and amendments
thereto;
(D) the state board of healing arts for applicants or licensees as
defined in K.S.A. 65-2802, and amendments thereto, in connection with
such application or an investigation as described in K.S.A. 65-28,129, and
amendments thereto;
(E) the state board of healing arts for applicants or licensees as
defined in K.S.A. 65-2901, and amendments thereto, in connection with
such application or an investigation as described in K.S.A. 65-2924, and
amendments thereto;
(F) the board of nursing for applicants as defined in K.S.A. 74-1112,
and amendments thereto, in connection with such application as described
in K.S.A. 74-1112, and amendments thereto;
(G) the behavioral sciences regulatory board for licensees as defined
in K.S.A. 74-7511, and amendments thereto, in connection with such
application or license as described in K.S.A. 74-7511, and amendments
thereto;
(H) the state lottery for a vendor to whom a major procurement
contract is to be awarded in connection with an investigation as described
in K.S.A. 74-8705, and amendments thereto;
(I) the attorney general for appointees of the governor to positions
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subject to confirmation by the senate and judicial appointees as described
in K.S.A. 75-712, and amendments thereto;
(J) appointing authorities as defined in K.S.A. 75-4315d, and
amendments thereto, for nongubernatorial appointees as described in
K.S.A. 75-4315d, and amendments thereto;
(K) the Kansas real estate commission for applicants as defined in
K.S.A. 58-3035, and amendments thereto, or for licensees as defined in
K.S.A. 58-3035, and amendments thereto, in connection with an
investigation as described in K.S.A. 58-3039, and amendments thereto;
(L) the insurance commissioner for applicants for licensure as an
insurance agent as defined in K.S.A. 40-4902, and amendments thereto, in
connection with such application as described in K.S.A. 40-4905, and
amendments thereto;
(M) the insurance commissioner for applicants as defined in K.S.A.
40-5501, and amendments thereto, in connection with such application as
described in K.S.A. 40-5505, and amendments thereto; and
(N) the state bank commissioner for applicants in control of a
licensee, licensees or key individuals as defined in K.S.A. 2025 Supp. 9-
555, and amendments thereto, in connection with such application as
described in K.S.A. 2025 Supp. 9-565, and amendments thereto.
(8) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions to:
(A) The department of agriculture for hemp employees as defined in
K.S.A. 2-3901, and amendments thereto, in connection with such
employment as described in K.S.A. 2-3902, and amendments thereto;
(B) the department of agriculture for applicants for licensure as a
hemp producer as defined in K.S.A. 2-3901, and amendments thereto, in
connection with such application as described in K.S.A. 2-3906, and
amendments thereto;
(C) the office of state fire marshal for applicants for registration as a
hemp processor as defined in K.S.A. 2-3901, and amendments thereto, in
connection with such application as described in K.S.A. 2-3907, and
amendments thereto;
(D) the department of agriculture for hemp destruction employees as
defined in K.S.A. 2-3901, and amendments thereto, in connection with
such employment as described in K.S.A. 2-3911, and amendments thereto;
(E) the bank commissioner for any applicant as defined in K.S.A. 9-
508, and amendments thereto, in connection with such application as
described in K.S.A. 9-509, and amendments thereto;
(F) the bank commissioner for an applicant for employment as a new
executive officer or director with a money transmitter company as
described in K.S.A. 9-513e, and amendments thereto;
(G) the bank commissioner for any applicant as defined in K.S.A. 9-
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SB 491 24
1719, and amendments thereto, in connection with such application as
described in K.S.A. 9-1722, and amendments thereto;
(H) the bank commissioner for an applicant, registrant or licensee as
defined in K.S.A. 9-2201, and amendments thereto, in connection with
such application, registration or license as described in K.S.A. 9-2209, and
amendments thereto;
(I) the state banking board for any officer, director or organizer of a
proposed fiduciary financial institution as defined in K.S.A. 9-2301, and
amendments thereto, in connection with such role as described in K.S.A.
9-2302, and amendments thereto;
(J) municipalities for applicants for merchant or security police as
described in K.S.A. 12-1679, and amendments thereto;
(K) the bank commissioner for applicants as defined in K.S.A. 16a-6-
104, and amendments thereto, in connection with such application as
described in K.S.A. 16a-6-104, and amendments thereto;
(L) the state department of credit unions for every candidate as
defined in K.S.A. 17-2234, and amendments thereto, in connection with
such employment as described in K.S.A. 17-2234, and amendments
thereto;
(M) the division of alcoholic beverage control within the department
of revenue for applicants as defined in K.S.A. 41-102, and amendments
thereto, in connection with such application as described in K.S.A. 41-
311b, and amendments thereto;
(N) the division of post audit for employees as defined in K.S.A. 46-
1103, and amendments thereto, in connection with such employment as
described in K.S.A. 46-1103, and amendments thereto;
(O) the bank commissioner for licensees as defined in K.S.A. 50-
1126, and amendments thereto, in connection with such license as
described in K.S.A. 50-1128, and amendments thereto;
(P) the real estate appraisal board for licensees as defined in K.S.A.
58-4102, and amendments thereto, in connection with an application or
investigation as described in K.S.A. 58-4127, and amendments thereto;
(Q) the real estate appraisal board for applicants as defined in K.S.A.
58-4703, and amendments thereto, in connection with such application as
described in K.S.A. 58-4709, and amendments thereto;
(R) the department of health and environment for an employee as
defined in K.S.A. 65-2401, and amendments thereto, in connection with
such employment as described in K.S.A. 65-2402, and amendments
thereto;
(S) the Kansas office of veterans services for candidates as defined in
K.S.A. 73-1210a, and amendments thereto, in connection with an
application as described in K.S.A. 73-1210a, and amendments thereto;
(T) a senate standing committee for a member named, appointed or
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SB 491 25
elected to the public employee retirement systems board of trustee
membership as described in K.S.A. 74-4905, and amendments thereto;
(U) the department of revenue for employees as defined in K.S.A. 75-
5133c, and amendments thereto, in connection with such employment as
described in K.S.A. 75-5133c, and amendments thereto;
(V) the division of motor vehicles within the department of revenue
for employees as defined in K.S.A. 75-5156, and amendments thereto, in
connection with such employment as described in K.S.A. 75-5156, and
amendments thereto;
(W) the Kansas commission for the deaf and hard of hearing for
applicants as defined in K.S.A. 75-5397f, and amendments thereto, in
connection with such application as described in K.S.A. 75-5393a, and
amendments thereto;
(X) the Kansas commission for the deaf and hard of hearing for
employees as defined in K.S.A. 75-5397f, and amendments thereto, in
connection with such employment as described in K.S.A. 75-5393c, and
amendments thereto;
(Y) the department of health and environment for employees as
defined in K.S.A. 75-5609a, and amendments thereto, in connection with
such employment as described in K.S.A. 75-5609a, and amendments
thereto; and
(Z) an executive branch agency head for employees as defined in
K.S.A. 75-7241, and amendments thereto, in connection with such
employment as described in K.S.A. 75-7241, and amendments thereto.
(c) State and local law enforcement agencies shall assist with taking
fingerprints of individuals as authorized by this section.
(d) Any board, commission, committee or other public body shall
recess into a closed executive session pursuant to K.S.A. 75-4319, and
amendments thereto, to receive and discuss criminal history record
information obtained pursuant to this section.
(e) The Kansas bureau of investigation may charge a reasonable fee
for conducting a criminal history record check.
(f) (1) Fingerprints and criminal history record information received
pursuant to this section shall be confidential and shall not be subject to the
provisions of the Kansas open records act, K.S.A. 45-215 et seq., and
amendments thereto. The provisions of this paragraph shall expire on July
1, 2029, unless the legislature reviews and reenacts this provision pursuant
to K.S.A. 45-229, and amendments thereto, prior to July 1, 2029.
(2) Disclosure or use of any information received pursuant to this
section for any purpose other than the purpose described in this section
shall be a class A nonperson misdemeanor and shall constitute grounds for
removal from office.
Sec. 16. K.S.A. 2025 Supp. 75-702 is hereby amended to read as
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follows: 75-702. (a) The attorney general shall appear for the state, and
prosecute and defend any and all actions and proceedings, civil or
criminal, in the Kansas supreme court, the Kansas court of appeals and in
all federal courts, in which the state shall be interested or a party, and shall,
when so appearing, control the state's prosecution or defense.
(b) The attorney general shall also, when required by the governor or
either branch of the legislature, appear for the state and prosecute or
defend, in any other court or before any officer, in any cause or matter,
civil or criminal, in which this state may be a party or interested or when
the constitutionality of any law of this state is at issue and when so
directed shall seek final resolution of such issue in the supreme court of
the state of Kansas.
(c) (1) The attorney general shall have authority to prosecute any
matter related to a violation of K.S.A. 12-189 or 75-5133, and
amendments thereto, related to unlawful acts when the offender is an
officer or employee of a city or county.
(2) Notwithstanding any provision of law to the contrary, the attorney
general shall have concurrent authority with any county or district attorney
to prosecute any crime that is codified in chapter 72 of the Kansas Statutes
Annotated, and amendments thereto, and the following crimes when they
are part of an alleged course of criminal conduct that occurred in two or
more counties:
(A) Organized retail crime as defined in K.S.A. 2025 Supp. 21-5841,
and amendments thereto, and any other crime that is part of such alleged
course of criminal conduct;
(B) theft as defined in K.S.A. 21-5801, and amendments thereto;
(C) violations of the Kansas racketeer influenced and corrupt
organizations act, K.S.A. 21-6327 et seq., and amendments thereto; and
(D) any attempt, conspiracy or criminal solicitation as defined in
K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of the
crimes described in subsection (c)(2)(A), (c)(2)(B) or (c)(2)(C).
Sec. 17. K.S.A. 2025 Supp. 22-4714 and 75-702 are hereby repealed.
Sec. 18. This act shall take effect and be in force from and after its
publication in the statute book.
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