Division of the Budget
Docking State Office Building
Phone: (785) 296-2436
915 SW Harrison Street, Suite 310
Topeka, KS 66612
http://budget.kansas.gov
Adam C. Proffitt, Director
Laura Kelly, Governor
Division of the Budget
March 2, 2026
The Honorable Renee Erickson, Chairperson
Senate Committee on Education
300 SW 10th Avenue, Room 144-S
Topeka, Kansas 66612
Dear Senator Erickson:
SUBJECT:
Fiscal Note for SB 491 by Senate Committee on Education
In accordance with KSA 75-3715a, the following fiscal note concerning SB 491 is
respectfully submitted to your committee.
SB 491 would establish the Halee Weissenbach Protecting Students Act. The bill would
establish the Office of Education Inspector General (EIG) within the Office of Attorney General;
authorize the EIG to conduct audits, investigations, and reviews of K-12 educational intuitions;
require reporting of suspected professional misconduct by school employees and agents; require
certain individuals to register on the Education Misconduct Registry established by the EIG;
require school employees and agents to submit to a criminal history record check; and provide for
civil penalties for violations of the new Act.
The EIG would be appointed by the Attorney General and subject to confirmation of the
Kansas Senate. The bill would outline the selection and requirements of the position. The annual
salary would be equal to the annual salary of the Attorney General. The budget appropriation for
the EIG would be in a separate line item in the Office of Attorney General. The EIG and any
employee of the new office would have access to all information at any K-12 educational
institution, state agency, and any local government agency necessary to perform the duties of the
office. The EIG would have the power to subpoena attendance and testimony of witnesses and the
production of documents related to any audit, investigation, or performance review. The EIG and
any associated employees would be subject to laws of confidentiality. The bill would outline
expectations of any investigations and evidence for use in criminal prosecutions, civil actions, or
agency administrative actions.
The Honorable Renee Erickson, Chairperson
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SB 491
The bill would establish the EIG Oversight Review Board within the Office of Attorney
General. The Board would monitor the operations, integrity, and public accountability of the
Office of EIG. The bill would outline the membership of the Board and elections of a chairperson
and vice chairperson, along with meeting requirements and quorum. The Board would have the
following responsibilities: (1) review the Office of EIG policies, handling of complaints,
transparency, and decisions; (2) receive and review complaints about the Office of EIG; (3) make
recommendations to the Attorney General, the EIG, and the Legislature to improve fairness,
integrity, and responsiveness; (4) request audits and recommend corrective actions; and (5) publish
any reports, complaints, and recommendations of the Office of EIG. The Board could not
intervene with any active investigations or direct the day-to-day operations of the Office of EIG.
The bill would outline the requirements of the EIG, including the investigation of
professional and criminal misconduct in Kansas K-12 education institutions, and the establishment
of an education misconduct registry. The EIG may review employment policies and practices,
internal investigations of education institutions, financial management, and hiring policies. When
violations of the Act are found, the EIG may mandate corrective action, recommend the suspension
or revocation of professional licensure or employment, or recommend reinstatement of an
individual. In addition, the EIG may refer criminal investigations or civil actions to the Attorney
General.
The EIG would create an annual report to the Legislature, the Governor, and the State
Board of Education that would summarize investigations, findings, enforcement actions, and
recommendations for the immediately preceding year. The Office of EIG, in collaboration with
the Department of Education, would be required to make an annual report to the Legislature, with
the bill outlining the contents of the report. In addition, the EIG would be required to make
quarterly reports, which would include summaries of investigations completed, number of
complaints received, and any referrals made to law enforcement agencies.
The bill would outline the process for reporting and for the EIG to initiate investigations.
Any educational institution, governing body, or state agency would report any individual who is
suspected of criminal or professional misconduct, or for violations contained in the bill. The EIG
would be required to establish and maintain a secure online reporting portal to receive reports of
misconduct. Each education institution would be required to have a link to the portal on its
webpage. The bill would outline requirements for the portal.
The EIG would be required to maintain an education misconduct registry of licensed
teachers and unlicensed non-educator school staff who have been convicted of or who have entered
into a diversion agreement for certain offenses. Any individual who would meet the qualifications
of being on the registry would be required to register with the EIG within 30 business days of a
conviction or diversion. The EIG would notify any applicable individual of the duty to register.
The bill would outline the contents of the registry.
The bill would outline the responsibilities of the State Board of Education and K-12
education institutions to be in compliance with the bill, including providing training to school
The Honorable Renee Erickson, Chairperson
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SB 491
employees, whistleblower protections, cooperation with the EIG, and the suspension of the license
of any education who is found to have engaged in misconduct.
On and after July 1, 2026, all applicants for licensure or license renewal with the State
Board of Education, as well as applicants for employment at a K-12 education institution, would
be required to be fingerprinted and submit to a state and national criminal history record check
with the Kansas Bureau of Investigation (KBI).
Any individual or governing body who violates any provision of the bill would 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 EIG; (3) disqualification from licensure as an educator or administrator;
and (4) registration on the education misconduct registry. The bill would outline guidance to the
Attorney General for determining the civil penalty. The bill would outline the procedures for
assessing and paying any civil penalties. Any civil penalties assessed and received would be
deposited to the State General Fund.
The Office of the Attorney General states that the enactment of the bill would require FY
2027 expenditures totaling $873,118 from the State General Fund, including an additional 7.00
FTE positions. The agency estimates salary and wages costs (including fringe benefits) totaling
$612,140 for the following: 1.00 FTE Education Inspector General ($185,000); 2.00 FTE Auditors
($80,388 each); 1.00 FTE Investigator ($60,839); 2.00 FTE Special Agents ($75,298 each); and
1.00 FTE Administrative Assistant ($54,929).
For these additional staff, the agency estimates other operating expenditures totaling
$260,978, including office space, information technology equipment, investigative tools, travel
associated with audits and site inspections, case management systems, and the development and
maintenance of the anonymous reporting tool, as well as the misconduct registry, and training. For
FY 2028, utilizing a 3.0 percent inflation rate, the agency estimates total costs of $899,312 from
the State General Fund, including $630,504 for salaries and wages, and $268,808 for other
operating expenditures. In addition, the agency anticipates the bill would have legal challenges to
enforcement of the bill’s provisions; however, the agency cannot estimate potential litigation costs.
Any civil fines recovered from
enforcing the bill’s provisions would be deposited to the State
General Fund.
The Office of Judicial Administration states that the bill could increase the number of cases
filed in district court because the bill allows the Attorney General to file a civil action. This would
increase the time spent by district court judicial and nonjudicial personnel in processing,
researching, and hearing cases. The bill could also increase the collection of docket fees and civil
penalties, which would be deposited into the State General Fund. However, the Office cannot
estimate a fiscal effect.
The Department of Education indicates the enactment of the bill would have no fiscal
effect. The KBI indicates that any additional revenue received from the state and national criminal
history record checks would be offset for expenditure related to staffing and the maintenance of
its systems necessary for the dissemination of criminal history record information; however, the
The Honorable Renee Erickson, Chairperson
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SB 491
agency did not estimate the number of additional record checks it would process. Any fiscal effect
associated with SB 491 is not reflected in
The FY 2027
Governor’s Budget Report
.
The Kansas Association of School Boards indicates that the enactment of the bill would
increase expenditures for school districts; however, the Association did not estimate a fiscal effect.
Sincerely,
Adam C. Proffitt
Director of the Budget
cc: Matt Bingesser, Office of the Attorney General
Paul Weisgerber, Kansas Bureau of Investigation
Gabrielle Hull, Department of Education
Angie Stallbaumer, Kansas Association of School Boards