Session of 2026
SENATE BILL No. 491
By Committee on Education
2-5
1AN ACT concerning education; enacting the Haylee Weissenbach
2protecting students act; establishing the office of education inspector
3general; authorizing the education inspector general to conduct audits,
4investigations and reviews of educational institutions; requiring
5reporting of suspected professional and criminal misconduct by school
6employees and agents; requiring certain individuals to register on an
7educator misconduct registry established by the education inspector
8general; requiring school employees and agents to submit to a criminal
9history record check; providing for civil penalties for violations of the
10act; amending K.S.A. 2025 Supp. 22-4714 and 75-702 and repealing
11the existing sections.
12
13Be it enacted by the Legislature of the State of Kansas:
14New Section 1. (a) Section 1 et seq., and amendments thereto, shall
15be known and may be cited as the Haylee Weissenbach protecting students
16act.
17(b) The purpose of this act is to protect the safety and well-being of
18all students by establishing an independent, statewide system of
19educational oversight designed to detect, investigate and prevent
20professional misconduct, criminal misconduct and systemic failure in
21Kansas elementary and secondary educational institutions, including
22preventing employment of any current, former or prospective individual
23who has engaged in verbal, physical or sexual misconduct or otherwise
24poses a risk to student safety.
25New Sec. 2. As used in the protecting students act:
26(a) "Agent" means any individual who is not regularly employed by
27an educational institution but provides a service for the educational
28institution that requires such individual to be present in a school of the
29educational institution or to come into unsupervised contact with students
30of the educational institution during the regular hours of the school day.
31"Agent" includes, but is not limited to, student teachers, volunteers and
32any individual employed by a service provider that contracts with the
33educational institution or governing body to provide services.
34(b) "Applicant" means an individual who has submitted an
35application for licensure or license renewal by the state board of education.
36(c) "Credible" means, when considering the totality of circumstances,
1a reasonable person would believe that criminal or professional
2misconduct may have occurred. The totality of the circumstances includes,
3but is not limited to, observable facts, witness statements, patterns of
4behavior or documented evidence.
5(d) "Criminal misconduct" means a violation of K.S.A. 38-2223, and
6amendments thereto, commission of a crime listed in K.S.A. 72-2165(a) or
7(b), and amendments thereto, or any other crime described in chapter 21 of
8the Kansas Statutes Annotated, and amendments thereto.
9(e) "Educational institution" means any school district or nonpublic
10school that operates any of the grades kindergarten through 12 in Kansas.
11"Educational institution" includes charter schools, virtual schools and
12alternative educational programs.
13(f) "Governing body" means the board of education of a school
14district and any governing body of a nonpublic school. "Governing body"
15includes each individual member of a governing body.
16(g) "Law enforcement" means a public office that is vested by law
17with the duty to maintain public order, make arrests for crimes and
18investigate criminal acts, whether that duty extends to all crimes or is
19limited to specific crimes.
20(h) "Licensee" means a person who currently holds a license issued
21by the state board of education.
22(i) "Mandated reporter" means any individual required to report
23certain abuse or neglect of children pursuant to K.S.A. 38-2223(a)(1)(C),
24and amendments thereto.
25(j) "Parent" means and includes a natural parent, adoptive parent,
26stepparent, guardian or individual with the legal authority to act on behalf
27of the child.
28(k) "Professional misconduct" means unacceptable or improper
29behavior by a school employee or agent. "Professional misconduct"
30includes abuse, retaliation, any specific violation of an educational
31institution's code of conduct, inappropriate conduct with students,
32falsification of professional credentials, employment applications or
33employment history, conduct that undermines student safety or
34institutional integrity or any other behavior that would disqualify an
35individual from employment in a school setting.
36(l) "Registry" means the education misconduct registry established by
37the education inspector general as provided in section 9, and amendments
38thereto.
39(m) "Retaliation" means any adverse employment action taken in
40response to a protected disclosure or report of suspected professional
41misconduct or criminal misconduct. "Retaliation" includes, but is not
42limited to, involuntary termination, reassignment or demotion of school
43employees who have made reports of misconduct and whose personnel
1records and documented performance reviews do not warrant such action.
2(n) "School employee" means any individual employed by a school
3district or nonpublic elementary or secondary school in Kansas, including,
4but not limited to, superintendents, administrators, teachers, librarians,
5paraprofessionals, school nurses, and other school support staff.
6(o) "Whistleblower" means any individual who reports suspected
7criminal misconduct or professional misconduct to the office of education
8inspector general or law enforcement.
9New Sec. 3. (a) There is hereby established the office of education
10inspector general within the office of the attorney general. All management
11functions and personnel of the office of education inspector general shall
12be administered under the direction and supervision of the attorney
13general. The purpose of the office of education inspector general is to
14establish a full-time program of audit, investigation and performance
15review and enforcement to ensure accountability, transparency and
16integrity within Kansas educational institutions. The office of education
17inspector general shall be independent and free from political influence.
18(b) (1) The education inspector general shall be appointed by the
19attorney general and subject to confirmation by the senate as provided in
20K.S.A. 75-4315b, and amendments thereto. Except as provided in K.S.A.
2146-2601, and amendments thereto, no individual appointed to the position
22of education inspector general shall exercise any power, duty or function
23of the education inspector general until confirmed by the senate. The
24education inspector general shall be selected without regard to political
25affiliation and on the basis of integrity and capacity for effectively carrying
26out the duties of the office of education inspector general. The education
27inspector general shall possess demonstrated knowledge, skills, abilities
28and experience in conducting audits and investigations and shall be
29familiar with the programs subject to oversight by the office of education
30inspector general. The education inspector general shall exercise
31independent judgment in performing the duties of the office of education
32inspector general.
33(2) No former or current executive or manager of any program or
34agency subject to oversight by the office of education inspector general
35may be appointed as education inspector general within two years of that
36individual's period of service with such program or agency. The education
37inspector general shall hold at the time of appointment, or shall obtain
38within one year after confirmation, certification as a certified inspector
39general from the association of inspectors general, council of the
40inspectors general on integrity and efficiency or other national
41organization that provides training to inspectors general.
42(3) An individual appointed to the position of education inspector
43general shall serve at the pleasure of the attorney general.
1(4) The education inspector general shall be in the unclassified
2service and receive an annual salary in an amount equal to the annual
3salary paid by the state to the attorney general.
4(5) The education inspector general shall report to the attorney
5general. Subject to subsection (a)(1), the education inspector general shall
6have general managerial control over the office of education inspector
7general and may organize the office as the education inspector general
8deems appropriate to carry out the responsibilities and functions of the
9office.
10(6) Appropriations for the office of education inspector general shall
11be made to the attorney general by separate line item appropriations for the
12office of education inspector general. Within the limits of appropriations
13therefor, the attorney general may hire such employees in the unclassified
14service as are necessary to administer the office of education inspector
15general. Such employees shall serve at the pleasure of the attorney general.
16(c) The office of education inspector general shall generally oversee,
17investigate, audit and make performance reviews of educational
18institutions for the purposes of preventing and identifying professional
19misconduct, criminal misconduct, educational institution systemic failure
20and violations of this act or any other law and perform the duties required
21by section 5, and amendments thereto.
22(d) (1) The education inspector general or any employee of the
23education inspector general's office shall have access to all pertinent
24information, confidential or otherwise, and to all personnel and facilities of
25an educational institution, state agency and any local governmental agency
26that are necessary to perform the duties of the office. Educational
27institutions, state agencies and local governmental agencies shall provide
28the education inspector general requested information, assistance and
29cooperation.
30(2) To carry out the duties of the office of education inspector
31general, the education inspector general shall have the power to compel by
32subpoena the attendance and testimony of witnesses and the production of
33documents, electronic records and papers directly related to any audit,
34investigation or performance review.
35(e) Except as otherwise provided in this section, the education
36inspector general and all employees and former employees of the office of
37education inspector general shall be subject to the same duty of
38confidentiality imposed by law on any such individual or agency with
39regard to any such information and any civil or criminal penalties imposed
40by law for violations of such duty of confidentiality. The duty of
41confidentiality imposed on the education inspector general and all
42employees and former employees of the office of education inspector
43general shall be subject to the provisions of subsection (f), and the
1education inspector general may furnish all such information to the
2attorney general, Kansas bureau of investigation or office of the United
3States attorney in Kansas pursuant to subsection (f). Upon receipt thereof,
4the attorney general, Kansas bureau of investigation or office of the United
5States attorney in Kansas and all assistants and all other employees and
6former employees of such offices shall be subject to the same duty of
7confidentiality with the exceptions that any such information may be
8disclosed in criminal or other proceedings that may be instituted and
9prosecuted by the attorney general or the United States attorney in Kansas,
10and any such information furnished to the attorney general, the Kansas
11bureau of investigation or the United States attorney in Kansas under
12subsection (f) may be entered into evidence in any such proceedings.
13(f) All investigations conducted by the education inspector general
14shall be conducted in a manner that ensures the preservation of evidence
15for use in criminal prosecutions, civil actions or agency administrative
16actions. If the education inspector general determines that a possible
17criminal act, false claim or any instances of misfeasance, malfeasance or
18nonfeasance by a public officer or employee has been committed, the
19education inspector general shall immediately notify the attorney general.
20The education inspector general may present findings to the office of the
21attorney general, applicable district or county attorney or the office of the
22United States attorney in Kansas. The education inspector general may
23refer matters involving professional misconduct or ethics or licensure
24violations to the appropriate state licensing board.
25(g) The scope, timing and completion of any audit, investigation or
26performance review conducted by the office of education inspector general
27shall be within the discretion of the education inspector general. Any audit
28conducted by the office of education inspector general shall adhere to and
29comply with all generally accepted governmental auditing standards
30promulgated by the United States government accountability office.
31(h) Based on the education inspector general's findings, the education
32inspector general may make recommendations for changes in law, rules
33and regulations, policy or procedures as the education inspector general
34deems appropriate to carry out the provisions of law or to improve
35functionality or efficiency.
36(i) Nothing in this section shall limit investigations by any state
37department or agency that may otherwise be required or permitted by law
38or may be necessary in carrying out the duties and functions of such
39agency.
40New Sec. 4. (a) There is hereby established the education inspector
41general oversight review board within the office of the attorney general.
42The education inspector general oversight review board shall monitor the
43operations, integrity and public accountability of the office of education
1inspector general.
2(b) The education inspector general oversight review board shall
3consist of seven members, who shall serve for a three-year term, as
4follows:
5(1) One licensed educator with no professional relationship with the
6state department of education or governing body appointed by the state
7board of education;
8(2) one retired law enforcement officer with investigative experience
9appointed by the attorney general;
10(3) one parent of a student who is or was enrolled in and attending an
11educational institution appointed by the governor;
12(4) one attorney with professional experience in civil rights law
13appointed by the disciplinary administrator;
14(5) one representative of a child advocacy organization appointed by
15the secretary of the department for children and families;
16(6) one member of the Kansas legislature appointed jointly by the
17speaker of the house of representatives and the president of the senate; and
18(7) one student enrolled in and attending an educational institution
19appointed by the state board of education.
20(c) The members of the board shall elect a chairperson and a vice
21chairperson from among such board's members. The board shall meet at
22least two times per year. A quorum shall consist of a majority of the
23members of the board. All actions of the board shall be taken by such
24majority.
25(d) The board shall:
26(1) Review the office of the education inspector general policies,
27handling of complaints, timeliness, transparency and decisions for
28compliance with this act;
29(2) receive and review complaints about the office of education
30inspector general, investigations of the office of education inspector
31general;
32(3) make recommendations to the attorney general, the education
33inspector general and the legislature to improve fairness, integrity and
34responsiveness;
35(4) request audits and recommend corrective actions as necessary;
36and
37(5) publish any reports, complaints and recommendations on the
38office of education inspector general website, but such reports, complaints
39and recommendations may be redacted as required for confidentiality or
40compliance with state or federal law.
41(e) The board shall not intervene with any active investigations of the
42office of education inspector general or direct the day-to-day operations of
43such office.
1New Sec. 5. (a) The education inspector general shall:
2(1) Investigate professional misconduct and criminal misconduct in
3Kansas educational institutions. The education inspector general shall
4initiate the investigations required by section 6, and amendments thereto.
5Such investigations may include investigations of professional misconduct
6and criminal misconduct that occurred before July 1, 2026. All
7investigations by the education inspector general may include, but are not
8limited to, interviews, witness testimony and document review;
9(2) conduct audits and site inspections of Kansas educational
10institutions;
11(3) receive complaints and reports of professional misconduct,
12criminal misconduct and violations of this act or any other law;
13(4) establish an anonymous reporting portal as provided in section 7,
14and amendments thereto;
15(5) issue findings, investigative reports, corrective action plans or
16cease-and-desist orders;
17(6) monitor retaliation against complainants or reporters and enforce
18whistleblower protections;
19(7) establish an education misconduct registry as provided in section
209, and amendments thereto;
21(8) conduct a safety and compliance audit for each educational
22institution that assess the institution's compliance with this act, including,
23but not limited to, referring criminal misconduct to law enforcement,
24providing required training, reporting to the office of education inspector
25general in a timely and accurate manner and conducting prehiring
26screenings;
27(9) cooperate with the education inspector general oversight review
28board and not interfere in such board's access to any records or data;
29(10) report suspected criminal misconduct or other suspected
30violations of law to law enforcement, the attorney general or the
31appropriate county or district attorney;
32(11) report findings of professional misconduct and criminal
33misconduct to national educator databases, including, but not limited to,
34the national association of state directors of teacher education and
35certification, within 15 days of any final administrative determination; and
36(12) work with other state agencies and law enforcement agencies to
37ensure transparency, efficiency and accountability. As part of working with
38such agencies, the office of education inspector general may enter into
39information-sharing agreements as necessary to administer this act.
40(b) The education inspector general may review an educational
41institution or governing body's employment policies and practices, human
42resources actions, internal investigations, financial management,
43procurement policies and hiring policies.
1(c) If violations of this act are found, the education inspector general
2may:
3(1) Mandate corrective action, including, but not limited to, policy or
4procedure changes, administrative restructuring and employee training;
5(2) recommend suspension or revocation of professional licensure or
6employment;
7(3) recommend reinstatement of an individual suspended, fired or
8whose contract was not renewed for reporting suspected professional
9misconduct, criminal misconduct or violations of this act;
10(4) recommend administrative sanctions;
11(5) refer the violations for criminal investigation to the attorney
12general or district or county attorney; or
13(6) refer the violations for civil action or penalty to the attorney
14general pursuant to section 13, and amendments thereto.
15(d) (1) The office of education inspector general shall make an annual
16report to the legislature, the governor and the state board of education
17summarizing investigations, findings, enforcement actions,
18recommendations and information-sharing agreements from the
19immediately preceding calendar year.
20(2) The office of education inspector general in collaboration with the
21state department of education shall make an annual report to the legislature
22that includes the number of criminal misconduct cases referred to law
23enforcement, the outcomes of such cases, the number of cases that were
24prosecuted, instances when law enforcement failed to act and any
25subsequent review by the attorney general or Kansas commission on peace
26officers' standards and training and recommendations to improve
27accountability.
28(3) The office of education inspector general shall make a quarterly
29report that shall contain the following information from the immediately
30preceding quarter:
31(A) A summary of investigations completed;
32(B) the number and type of complaints received;
33(C) the categories of complaints received;
34(D) required corrective actions and compliance status; and
35(E) any referrals made to law enforcement, the attorney general, a
36district or county attorney, the office of the United States attorney in
37Kansas or a state licensing board.
38(4) Reports made under this subsection shall comply with all
39applicable confidentiality laws and rules and regulations. Such reports
40shall be published on the office of education inspector general's website.
41(e) The office of education inspector general may cooperate or assist
42with law enforcement investigations that relate to professional misconduct
43or violations of this act.
1New Sec. 6. (a) The office of education inspector general shall initiate
2an investigation immediately upon:
3(1) Receipt of two or more complaints against the same individual,
4educational institution or governing body within a 12-month period if such
5complaints involve professional misconduct, criminal misconduct or
6violations of this act or any other law that impact student safety or
7educational institution integrity. The education inspector general may
8initiate an investigation upon receipt of one such complaint;
9(2) verified coerced resignations of school employees, use of
10nondisclosure agreements by an educational institution or governing body
11related to credible allegations of professional misconduct or instances
12when an educational institution or governing body settled an issue without
13reporting or conducting an investigation of credible allegations of
14professional misconduct;
15(3) reports, audits or credible allegations of nepotism, preferential
16treatment in employee hiring or promotion, unethical procurement or
17contracting practices or conflicts of interest involving public moneys;
18(4) failure of a mandated reporter to make a report as required by
19K.S.A. 38-2223(a)(1)(C), and amendments thereto;
20(5) evidence of an educational institution or governing body
21dismissing reports of suspected professional misconduct, criminal
22misconduct, violations of this act or failing to investigate such reports;
23(6) referral from law enforcement, the Kansas department for children
24and families, the attorney general, a county or district attorney or any other
25state agency of suspected professional misconduct or criminal misconduct,
26administrative interference related to educational institutions; and
27(7) receipt of credible allegations of retaliation against an individual
28who reported suspected professional misconduct, criminal misconduct or
29violations of this act.
30(b) The office of education inspector general may investigate any
31educational institution or governing body if evidence exists that such
32school or governing body:
33(1) Systemically failed to act on or covered up credible reports of
34suspected school employee or agent professional misconduct, criminal
35misconduct or violations of this act;
36(2) enacted policies that violate due process, inhibit lawful reporting
37or prevent school employees, agents, students or parents from reporting
38professional misconduct, criminal misconduct or violations of this act; or
39(3) denied the right to a lawful hearing.
40(c) For any allegations that a school or school governing body
41violated the Kansas open meetings act, K.S.A. 75-4317 et seq., and
42amendments thereto, or the Kansas open records act, K.S.A. 45-215 et
43seq., and amendments thereto, the office of education inspector general
1shall report such allegations to the attorney general or the county or district
2attorney where such violation occurred.
3(d) No school employee, educational institution, governing body, the
4state board of education or any state agency shall interfere with, delay,
5obstruct or preempt any investigation initiated by the office of education
6inspector general pursuant to this section. Refusal to comply, intentional
7delay, concealment or obstruction is a violation of this act and may result
8in penalties as provided in section 13, and amendments thereto.
9New Sec. 7. (a) (1) Each educational institution, governing body or
10state agency shall report to the office of education inspector general any
11licensed educator or unlicensed non-educator school employee or agent
12who is suspected of criminal misconduct, professional misconduct or
13violations this act. If a report is required pursuant to section 8, and
14amendments thereto, the individual making such report shall notify the
15office of education inspector general of such report within 24 hours. The
16state department of education shall refer allegations of professional
17misconduct to the office of education inspector general for investigation.
18(2) The education inspector general shall receive reports of suspected
19professional misconduct, criminal misconduct or violations of this act. Any
20individual who reports such suspected misconduct or violations to the
21office of education inspector general shall be considered a whistleblower
22and protected by this section or K.S.A. 75-2973, and amendments thereto.
23The education inspector general may receive reports of suspected
24misconduct that occurred before July 1, 2026.
25(3) Any false or malicious report of criminal misconduct shall be
26referred to law enforcement. No individual shall be penalized under this
27section for a good faith report made with reasonable suspicion even if such
28report is later found to be false or unsubstantiated.
29(b) (1) The education inspector general shall establish and maintain a
30secure online reporting portal to receive reports of suspected professional
31misconduct and criminal misconduct by school employees or agents. Each
32educational institution shall provide a link to such portal on each such
33institution's website.
34(2) The reporting portal shall:
35(A) Meet the requirements established by the office of education
36inspector general;
37(B) allow anyone, including members of the public, to make a report,
38including making a report anonymously;
39(C) alert an administrator when a report should be made to law
40enforcement; and
41(D) include notice of legal protections for individuals making report
42of professional misconduct or criminal misconduct, including
43whistleblower protections.
1(3) Each educational institution or governing body may establish a
2reporting portal separate from the portal established by the office of
3education inspector general. Any such portal shall comply with the portal
4requirements provided in paragraph (2).
5(c) The office of education inspector general shall not disclose or
6make public the identity of any victim of professional misconduct or
7criminal misconduct or individual who makes such report pursuant to this
8act unless such individual consents in writing to the disclosure of such
9individual's identity. Disclosure of the identity of any individual who
10makes a report pursuant to this act shall not be ordered as part of any
11administrative or judicial proceeding.
12(d) Any information received by the education inspector general from
13any individual concerning suspected professional misconduct, criminal
14misconduct or violations of this act shall be confidential and not disclosed
15or made public, upon subpoena or otherwise, except that such information
16may be disclosed if:
17(1) Release of the information would not result in the identification of
18the individual who provided the information;
19(2) the individual who provided the information consents to the
20disclosure in writing prior to the disclosure;
21(3) the disclosure is necessary to protect the public health or student
22safety; or
23(4) the information is required in an administrative or court
24proceeding and appropriate provision has been made to allow disclosure of
25the information without disclosing to the public the identity of the
26individual who reported such information to the education inspector
27general.
28(e) (1) No educational institution, governing body, administrator or
29supervisor shall:
30(A) Prohibit any school employee, agent, student or parent from
31reporting any information to the education inspector general; or
32(B) require any such school employee, agent, student or parent to
33give notice prior to making any such report.
34(2) Paragraph (1) shall not be construed to:
35(A) Prohibit an educational institution, governing body, administrator
36or supervisor from requiring that a school employee or agent inform such
37educational institution, governing body, administrator or supervisor as to
38any requests for information or testimony made by the office of education
39inspector general pursuant to this act;
40(B) permit a school employee or agent to leave assigned work areas
41during normal work hours without following applicable rules and
42regulations and policies pertaining to leave, unless the school employee or
43agent is requested by the office of education inspector general to appear at
1a meeting with officials of such office;
2(C) authorize a school employee or agent to represent such
3employee's or agent's personal opinions as the opinions of the educational
4institution, governing body, administrator or supervisor; or
5(D) prohibit disciplinary action of a school employee or agent who
6discloses information that is confidential or privileged under statute or
7court rule, exempt from required disclosure the Kansas open records act or
8is false or disclosed with reckless disregard for truth or falsity.
9(f) No educational institution, governing body, administrator or
10supervisor shall retaliate against a whistleblower for reporting suspected
11professional misconduct, criminal misconduct or violations of this act.
12(g) The office of education inspector general shall investigate
13credible allegations of retaliation against an individual who reported
14suspected professional misconduct, criminal misconduct or violations of
15this act.
16(h) Engaging in retaliation is a violation of this act and may result in
17penalties as provided in section 13, and amendments thereto.
18(i) Nothing in this section shall be construed to limit a
19whistleblower's rights and protections under any other provision of law.
20New Sec. 8. (a) In addition to the requirements of K.S.A. 38-2223,
21and amendments thereto, any school employee, agent, administrator,
22supervisor or governing body who reasonably suspects, observes or
23receives a credible report of criminal misconduct shall immediately report
24such misconduct to the appropriate law enforcement agency as soon as
25practicable. An individual making such report may notify such individual's
26supervisor, administrator, governing body or educational institution
27attorney only after making such report or if such individual needs
28assistance in making such report.
29(b) No educational institution, governing body, administrator or
30supervisor shall:
31(1) Initiate an internal investigation until the report required by
32subsection (a) is made; or
33(2) delay or interfere in the reporting required by subsection (a). Any
34such delay or interference may be investigated by the office of education
35inspector general and a violation of this act.
36(c) Any educational institution, governing body, administrator or
37supervisor who knowingly fails to report or suppresses or withholds
38information regarding criminal misconduct may be referred to the attorney
39general or district or county attorney and subject to penalties.
40(d) Law enforcement agencies shall notify the office of education
41inspector general when such agencies initiate an investigation of a school
42employee, agent, administrator, supervisor or governing body for criminal
43misconduct or such agencies suspect retaliation against an individual who
1reported suspected criminal misconduct. Such notice may be provided
2through the reporting portal established pursuant to section 7, and
3amendments thereto. Law enforcement agencies shall provide such notice
4even if such information was provided to the office of education inspector
5general by another individual or entity.
6(e) Each law enforcement agency that receives a report of criminal
7misconduct by a school employee or agent shall conduct a timely,
8thorough and impartial investigation of such misconduct. Failure to
9conduct such investigation may be investigated by the office of attorney
10general.
11(f) No school employee, agent, educational institution, governing
12body, administrator or supervisor shall interfere, obstruct or delay a law
13enforcement investigation.
14New Sec. 9. (a) (1) The education inspector general shall establish
15and maintain an education misconduct registry of licensed teachers and
16unlicensed non-educator school staff and agents who have been:
17(A) Convicted of, or entered into a diversion agreement after having
18been charged with any offense described in chapter 21 of the Kansas
19Statutes Annotated, and amendments thereto, of an act in another
20jurisdiction that is comparable to an offense described in chapter 21 of the
21Kansas Statutes Annotated, and amendments thereto; or
22(B) found to have engaged in professional misconduct after an
23investigation pursuant to this act, including investigations of professional
24misconduct that occurred prior to July 1, 2026.
25(2) Any individual who meets the requirements of paragraph (1) shall
26register with the office of education inspector general within 30 business
27days of conviction, entering into a diversion agreement pursuant to
28paragraph (1)(A) or notice of any final determination by the education
29inspector general, an educational institution, governing body or state
30agency that such individual engaged in professional misconduct pursuant
31to paragraph (1)(B). Failure to register is a violation of this act and shall
32not prohibit the education inspector general from including the individual
33on the education misconduct registry.
34(3) The office of education inspector general shall notify an
35individual who meets the requirements of paragraph (1) of the duty to
36register. The individual may appeal the requirement to register within 15
37business days of such notice, and such appeal shall be conducted and
38decided upon in accordance with the Kansas administrative procedure act.
39The decision may be appealed to the district court.
40(b) The education misconduct registry shall include the following
41registrant information:
42(1) Name and all aliases;
43(2) date and city, state and country of birth;
1(3) all professional licenses, designations and certifications;
2(4) educational institution where the professional misconduct or
3criminal misconduct occurred;
4(5) role with the educational institution when the professional
5misconduct or criminal misconduct occurred;
6(6) nature, category and date of the professional misconduct or
7criminal misconduct;
8(7) outcome and disciplinary action taken by any educational
9institution, governing body, administrator, supervisor, court, attorney
10general, education inspector general, licensing body or any other state
11agency as a result of any investigation of the professional misconduct or
12criminal misconduct;
13(8) current employment status with the educational institution where
14the professional misconduct or criminal misconduct occurred; and
15(9) office of education inspector general investigation reference
16number.
17(c) The education misconduct registry shall not include any
18personally identifiable information of any victim of professional
19misconduct or criminal misconduct or individual who reported
20misconduct. The registry may include aggregate or summarized
21information to preserve the confidentiality of such personally identifiable
22information.
23(d) The education misconduct registry shall be:
24(1) Public and clearly and prominently linked on the websites of the
25office of education inspector general, state department of education and
26attorney general;
27(2) in compliance with the Americans with disabilities act of 1990
28and accessible by mobile devices;
29(3) searchable by name, educational institution and type of
30misconduct;
31(4) updated as often as is necessary to maintain accurate information;
32and
33(5) maintained in a uniform and standardized format.
34(e) (1) An individual may be removed from the registry:
35(A) Five years from the date of registration if the education inspector
36general determines that such individual:
37(i) Has not been found to have engaged in subsequent professional
38misconduct or criminal misconduct;
39(ii) does not pose a threat to student safety, as determined by the
40office of education inspector general; and
41(iii) has never been convicted of a crime listed in K.S.A. 72-2165(a)
42or (b), and amendments thereto; or
43(B) the individual files a petition for relief from registration
1requirements and the education inspector general determines, after a
2hearing on such petition in accordance with the administrative procedure
3act, that the individual should be removed from the registry.
4(2) Except as otherwise provided in this subsection, the education
5inspector general shall determine the duration of an individual's
6registration requirement and the conditions when registration may be
7terminated.
8(f) Any individual responsible for hiring a school employee shall
9review the education misconduct registry prior to offering employment as
10a school employee to any individual.
11New Sec. 10. (a) The state board of education shall:
12(1) Cooperate with the office of education inspector general with
13regard to any investigation, audit or oversight review initiated under this
14act. Such cooperation includes, but is not limited to, timely submission of
15documents, records, emails, personnel files and internal communications,
16full and accurate responses to questions, production of witnesses,
17provision of accurate and timely testimony and compliance with any
18subpoena issued pursuant to this act;
19(2) immediately refer reports of professional misconduct to the office
20of education inspector general and criminal misconduct to law
21enforcement for investigation;
22(3) maintain educator licensure records;
23(4) consider recommendations from the office of education inspector
24general with regard to suspensions, revocations and denials of educator
25licensure;
26(5) ensure that an educator's licensure status on the registry is correct
27and, if necessary, report updates in a timely manner;
28(6) provide annual training to governing bodies, administrators,
29supervisors and human resources employees on the requirements of this
30act, including, but not limited to, reporting requirements, whistleblower
31protections and coordination with law enforcement and the office of
32education inspector general. The state board of education shall certify to
33the office of education inspector general that such training has been
34completed;
35(7) provide policy guidance to educational institutions on school
36employee and agent training, preemployment screenings, record retention
37and making reports to the office of education inspector general. Such
38policy guidance on training shall include, but not be limited to, mandated
39reporter training, title IX training and professional conduct training; and
40(8) suspend or terminate the license of any educator who is found to
41have engaged in professional or criminal misconduct after an investigation
42pursuant to this act or who has been subject to license suspension or
43revocation in another state;
1(b) The state board of education shall not:
2(1) Conduct investigations into matters under investigation by the
3office of education inspector general;
4(2) maintain a public database of educator misconduct; or
5(3) issue or renew any educator license unless the applicant for such
6licensure has complied with the training requirements of this act.
7(c) Any member of the state board of education or employee of the
8state department of education who violates this act shall be referred to the
9office of education inspector general or attorney general and subject to
10penalties as provided by law.
11New Sec. 11. (a) Educational institutions shall:
12(1) Provide and document annual training to school employees and
13agents on:
14(A) Whistleblower protections;
15(B) the duty to report professional and criminal misconduct and
16reporting procedures;
17(C) recognizing and reporting sexual misconduct and grooming;
18(D) obligations as a mandated reporter; and
19(E) obligations as a school employee or agent under this act;
20(2) provide written notice of whistleblower protections and
21procedures to all school employees and agents and post such notice on the
22educational institution's website and at each attendance center of the
23educational institution;
24(3) cooperate with the office of education inspector general with
25regard to any investigation, audit or oversight review initiated under this
26act. Such cooperation includes, but is not limited to, timely submission of
27documents, records, emails, personnel files and internal communications,
28full and accurate responses to questions, production of witnesses,
29provision of accurate and timely testimony and compliance with any
30subpoena issued pursuant to this act;
31(4) annually certify to the state board of education and the office of
32education inspector general that all contracts, agreements, policies,
33procedures and guidelines are in compliance with this act;
34(5) ensure that students affected by any misconduct have access to
35trauma-informed support services. Such services shall be delivered within
36five school days of the report or discovery of misconduct and at no cost to
37the student or the student's family. A licensed professional certified to
38provide mental health, trauma recovery or counseling services to minors
39shall provide such services in a way that is culturally responsive,
40developmentally appropriate and accessible regardless of the student's
41abilities, language or background.
42(6) prior to any hiring decision, review the registry established in
43section 9, and amendments thereto, and the national association of state
1directors of teacher education and certification clearinghouse;
2(7) fully and truthfully disclose to such other institution whether a
3school employee or agent was investigated for professional misconduct or
4criminal misconduct, resigned, retired or was terminated because of any
5such investigation or was referred to law enforcement, the state board of
6education or the office of education inspector general for any such
7misconduct. No educational institution or individual acting on behalf of an
8educational institution shall be liable for any disclosure made in good faith
9and without malice under this paragraph; and
10(8) annually submit a report to the office of education inspector
11general in a manner determined by the education inspector general. Such
12report shall include:
13(A) Certification that all school employees and agents received the
14training required by paragraph (1);
15(B) forms signed by the educational institution superintendent or head
16administrator, human resources officers and any mandated reporter
17attesting that such individual received the the training materials on and
18understand the mandatory reporting requirements and whistleblower
19protections; and
20(C) certification that any agreement, contract, policy or procedure of
21the educational institution conforms to the requirements of this act.
22(b) School districts shall report to the state department of education
23within seven business days of receiving a credible allegation or
24substantiated finding that professional misconduct or criminal misconduct
25occurred or a school employee resigned, retired or was terminated due to
26any such misconduct. Such report shall be made even if a report is made to
27law enforcement or the office of education inspector general as provided in
28this act. No school district shall delay or fail to make the report required by
29this subsection because of any internal review, pending legal negotiation or
30settlement discussion or administrative uncertainty.
31(c) No educational institution, governing body or administrator shall:
32(1) Assist a school employee or former employee in obtaining new
33employment if such institution, body or administrator knows or has
34probable cause to believe that such employee engaged in sexual
35misconduct with a student, even if unresolved or not adjudicated.
36Assistance under this paragraph means providing confidential settlement
37regarding the misconduct, failure to report the misconduct or providing
38neutral or misleading recommendations or references on behalf of the
39employee; or
40(2) enter into an agreement that suppresses, conceals, delays or
41prohibits the disclosure of information related to a current or former school
42employee's professional misconduct or criminal misconduct, except that
43information regarding any student or individual making a report shall be
1confidential. Agreements under this paragraph include employment
2contracts, severance packages, nondisclosure agreements, settlement
3agreements, memoranda of understanding, side letters or other negotiated
4instruments.
5(d) Any refusal to comply with this section, intentional delay,
6concealment or obstruction is a violation of this act and may result in
7referral to the state department of education, attorney general or result in
8penalties.
9New Sec. 12. On and after July 1, 2026, all applicants for licensure or
10license renewal with the state board of education and applicants for
11employment at an educational institution shall be fingerprinted and submit
12to a state and national criminal history record check in accordance with
13K.S.A. 22-4714, and amendments thereto.
14New Sec. 13. (a) In addition to any other penalty provided by law,
15any individual or governing body who violates any provision of this act
16may be subject to:
17(1) A civil penalty of up to $25,000 for each violation as determined
18by the attorney general;
19(2) public censure by the education inspector general;
20(3) disqualification from licensure as an educator or administrator;
21and
22(4) registration on the educator misconduct registry as provided in
23section 9, and amendments thereto.
24(b) In determining the amount of the civil penalty, the attorney
25general shall consider:
26(1) The extent of harm caused by the violation;
27(2) the nature and persistence of the violation;
28(3) the length of time over which the violation occurred;
29(4) any corrective actions taken; and
30(5) any other relevant circumstances.
31(c) All civil penalties assessed shall be due and payable within 10
32days after written notice of assessment is served on the individual, unless a
33longer period of time is granted by the attorney general. If a civil penalty is
34not paid within the applicable time period, the attorney general may file a
35certified copy of the notice of assessment with the clerk of the district
36court in the county where such individual is located or such violation
37occurred. The notice of assessment shall be enforced in the same manner
38as a judgment of the district court.
39(d) No civil penalty shall be imposed pursuant to this section until
40after notice and a hearing, if a hearing is requested, in accordance with the
41provisions of the Kansas administrative procedure act. Judicial review and
42civil enforcement of agency actions under this act shall be in accordance
43with the Kansas judicial review act.
1(e) Any civil penalty recovered pursuant to this section shall be
2remitted to the state treasurer in accordance with the provisions of K.S.A.
375-4215, and amendments thereto. Upon receipt of each such remittance,
4the state treasurer shall deposit the entire amount in the state treasury to
5the credit of the state general fund.
6New Sec. 14. (a) (1) This act shall be construed liberally to protect
7students, promote transparency and prevent individuals with a history of
8misconduct from working in educational institutions.
9(2) This act shall not be construed to supersede any laws in existence
10on July 1, 2026, that govern the conduct of educators, school employees or
11agents of educational institutions. This act shall be construed to enhance
12coordination, transparency and enforcement of such existing laws.
13(b) No term, condition or other provision of an agreement that
14purports to waive or limit an educational institution's obligations under this
15act shall be valid or enforceable. If a term, condition or other provision of
16an agreement is determined to be invalid, unenforceable or void, such
17term, condition or provision shall not affect the validity or enforceability
18of any other provision of such agreement.
19(c) In the event of a conflict between this act and any other law, this
20act shall govern unless the other law provides greater protections to
21students.
22Sec. 15. K.S.A. 2025 Supp. 22-4714 is hereby amended to read as
23follows: 22-4714. (a) A governmental agency other than a criminal justice
24agency as defined in K.S.A. 22-4701, and amendments thereto, identified
25in subsection (b) may require a person to be fingerprinted and shall submit
26such fingerprints to the Kansas bureau of investigation and the federal
27bureau of investigation for a search of the state and federal database.
28Fingerprints provided pursuant to this section may be used to identify a
29person and to determine whether such person has a record of criminal
30history in this state or in another jurisdiction. An agency identified in
31subsection (b) may use the information obtained from the criminal history
32record check for the purposes of verifying the identification of a person
33and in the official determination of the qualifications and fitness of such
34person to be issued or maintain employment, licensure, registration,
35certification or a permit, act as an agent of a licensee, hold ownership of a
36licensee or serve as a director or officer of a licensee.
37(b) (1) The Kansas bureau of investigation shall release criminal
38history record information related to adult convictions, adult non-
39convictions, adult diversions, adult expunged records, juvenile
40adjudications, juvenile non-adjudications, juvenile diversions and juvenile
41expunged records to:
42(A) The Kansas department for children and families or the Kansas
43department for aging and disability services for initial or continuing
1employment or participation in any program administered for the
2placement, safety, protection or treatment of vulnerable children or adults
3as described in K.S.A. 75-53,105, and amendments thereto;
4(B) the attorney general for applicants as defined in K.S.A. 75-7b01,
5and amendments thereto, in connection with such application as described
6in K.S.A. 75-7b04 and 75-7b17, and amendments thereto;
7(C) the attorney general for applicants as defined in K.S.A. 75-7c02,
8and amendments thereto, in connection with such application as described
9in K.S.A. 75-7c05, and amendments thereto;
10(D) the attorney general for applicants as defined in K.S.A. 75-7b01,
11and amendments thereto, in connection with such application for
12certification as described in K.S.A. 75-7b21, and amendments thereto; and
13(E) the attorney general for applicants as defined in K.S.A. 7e01, and
14amendments thereto, in connection with such application as described in
15K.S.A. 75-7e03, and amendments thereto.
16(2) The Kansas bureau of investigation shall release criminal history
17record information related to adult convictions, adult non-convictions,
18adult diversions, adult expunged records and juvenile expunged records to:
19(A) The state lottery for candidates for employees as defined in
20K.S.A. 74-8702, and amendments thereto, in connection with such
21employment as described in K.S.A. 74-8704, and amendments thereto; and
22(B) the Kansas racing and gaming commission for candidates for
23employees or licensees as defined in K.S.A. 74-8802, and amendments
24thereto, in connection with such employment or license as described in
25K.S.A. 74-8804, and amendments thereto, including an applicant for a
26simulcasting license.
27(3) The Kansas bureau of investigation shall release criminal history
28record information related to adult convictions, adult non-convictions,
29adult diversions, adult expunged records, juvenile adjudications, juvenile
30non-adjudications and juvenile diversions to:
31(A) The emergency medical services board for applicants as defined
32in K.S.A. 65-6129, and amendments thereto, in connection with such
33application as described in K.S.A. 65-6129, and amendments thereto;
34(B) the department of administration for candidates for sensitive
35employees as defined in K.S.A. 75-3707e, and amendments thereto, in
36connection with such employment as described in K.S.A. 75-3707e, and
37amendments thereto; and
38(C) the state gaming agency for candidates for employees and
39licensees as defined in K.S.A. 74-9802, and amendments thereto, in
40connection with such employment or license as described in K.S.A. 74-
419805, and amendments thereto.
42(4) The Kansas bureau of investigation shall release criminal history
43record information related to adult convictions, adult non-convictions,
1adult diversions and adult expunged records to:
2(A) The supreme court and state board of law examiners for
3applicants as defined in K.S.A. 7-127, and amendments thereto, in
4connection with such application as described in K.S.A. 7-127, and
5amendments thereto; and
6(B) the commission on peace officers' standards and training for
7applicants for certification under the Kansas law enforcement training act
8as described in K.S.A. 74-5607, and amendments thereto;
9(C) the state board of education for applicants for licensure as
10defined in section 2, and amendments thereto, in connection with such
11application as described in section 12, and amendments thereto;
12(D) educational institutions for candidates for school employees as
13defined in section 2, and amendments thereto, in connection with such
14employment as described in section 12, and amendments thereto; and
15(E) the education inspector general for licensees as defined in section
162, and amendments thereto, in connection with an investigation described
17in section 6, and amendments thereto.
18(5) The Kansas bureau of investigation shall release criminal history
19record information related to adult convictions, adult non-convictions,
20adult diversions and juvenile adjudications to:
21(A) The athletic commission within the Kansas department of
22commerce for a candidate for boxing commission as defined in K.S.A. 74-
2350,182, and amendments thereto, in connection with such appointment as
24described in K.S.A. 74-50,184, and amendments thereto;
25(B) the secretary of health and environment for employees at a child
26care facility as defined in K.S.A. 65-503, and amendments thereto, in
27connection with such employment as described in K.S.A. 65-516, and
28amendments thereto;
29(C) the secretary of commerce for final applicants for a sensitive
30position or employees in a sensitive position as defined in K.S.A. 2025
31Supp. 74-5005a, and amendments thereto, in connection with such
32employment as described in K.S.A. 2025 Supp. 74-5005a, and
33amendments thereto;
34(D) the secretary of labor for employees as defined in K.S.A. 75-
355702, and amendments thereto, in connection with such employment as
36described in K.S.A. 75-5702, and amendments thereto; and
37(E) the state bank commissioner for any officer, partner, member,
38owner, principal or director of an applicant or registrant in connection with
39such application or registration as described in K.S.A. 2025 Supp. 9-2411,
40and amendments thereto.
41(6) The Kansas bureau of investigation shall release criminal history
42record information related to adult convictions and juvenile adjudications
43to:
1(A) The secretary for aging and disability services for applicants as
2defined in K.S.A. 39-970, and amendments thereto, in connection with
3such application as described in K.S.A. 39-970, and amendments thereto;
4(B) the Kansas department for aging and disability services for
5applicants as defined in K.S.A. 39-2009, and amendments thereto, in
6connection with such application as described in K.S.A. 39-2009, and
7amendments thereto; and
8(C) the secretary for aging and disability services for applicants as
9defined in K.S.A. 65-5117, and amendments thereto, in connection with
10such application as described in K.S.A. 65-5117, and amendments thereto.
11(7) The Kansas bureau of investigation shall release criminal history
12record information related to adult convictions and adult non-convictions
13to:
14(A) The division of motor vehicles within the department of revenue
15for applicants for reinstatement of a license to drive a commercial motor
16vehicle as described in K.S.A. 8-2,142, and amendments thereto;
17(B) the board of examiners in optometry for applicants or licensees as
18defined in K.S.A. 65-1501, and amendments thereto, in connection with
19such application or an investigation as described in K.S.A. 65-1505, and
20amendments thereto;
21(C) the board of pharmacy for fingerprint candidates as defined in
22K.S.A. 65-1626, and amendments thereto, in connection with such
23application or license as described in K.S.A. 65-1696, and amendments
24thereto;
25(D) the state board of healing arts for applicants or licensees as
26defined in K.S.A. 65-2802, and amendments thereto, in connection with
27such application or an investigation as described in K.S.A. 65-28,129, and
28amendments thereto;
29(E) the state board of healing arts for applicants or licensees as
30defined in K.S.A. 65-2901, and amendments thereto, in connection with
31such application or an investigation as described in K.S.A. 65-2924, and
32amendments thereto;
33(F) the board of nursing for applicants as defined in K.S.A. 74-1112,
34and amendments thereto, in connection with such application as described
35in K.S.A. 74-1112, and amendments thereto;
36(G) the behavioral sciences regulatory board for licensees as defined
37in K.S.A. 74-7511, and amendments thereto, in connection with such
38application or license as described in K.S.A. 74-7511, and amendments
39thereto;
40(H) the state lottery for a vendor to whom a major procurement
41contract is to be awarded in connection with an investigation as described
42in K.S.A. 74-8705, and amendments thereto;
43(I) the attorney general for appointees of the governor to positions
1subject to confirmation by the senate and judicial appointees as described
2in K.S.A. 75-712, and amendments thereto;
3(J) appointing authorities as defined in K.S.A. 75-4315d, and
4amendments thereto, for nongubernatorial appointees as described in
5K.S.A. 75-4315d, and amendments thereto;
6(K) the Kansas real estate commission for applicants as defined in
7K.S.A. 58-3035, and amendments thereto, or for licensees as defined in
8K.S.A. 58-3035, and amendments thereto, in connection with an
9investigation as described in K.S.A. 58-3039, and amendments thereto;
10(L) the insurance commissioner for applicants for licensure as an
11insurance agent as defined in K.S.A. 40-4902, and amendments thereto, in
12connection with such application as described in K.S.A. 40-4905, and
13amendments thereto;
14(M) the insurance commissioner for applicants as defined in K.S.A.
1540-5501, and amendments thereto, in connection with such application as
16described in K.S.A. 40-5505, and amendments thereto; and
17(N) the state bank commissioner for applicants in control of a
18licensee, licensees or key individuals as defined in K.S.A. 2025 Supp. 9-
19555, and amendments thereto, in connection with such application as
20described in K.S.A. 2025 Supp. 9-565, and amendments thereto.
21(8) The Kansas bureau of investigation shall release criminal history
22record information related to adult convictions to:
23(A) The department of agriculture for hemp employees as defined in
24K.S.A. 2-3901, and amendments thereto, in connection with such
25employment as described in K.S.A. 2-3902, and amendments thereto;
26(B) the department of agriculture for applicants for licensure as a
27hemp producer as defined in K.S.A. 2-3901, and amendments thereto, in
28connection with such application as described in K.S.A. 2-3906, and
29amendments thereto;
30(C) the office of state fire marshal for applicants for registration as a
31hemp processor as defined in K.S.A. 2-3901, and amendments thereto, in
32connection with such application as described in K.S.A. 2-3907, and
33amendments thereto;
34(D) the department of agriculture for hemp destruction employees as
35defined in K.S.A. 2-3901, and amendments thereto, in connection with
36such employment as described in K.S.A. 2-3911, and amendments thereto;
37(E) the bank commissioner for any applicant as defined in K.S.A. 9-
38508, and amendments thereto, in connection with such application as
39described in K.S.A. 9-509, and amendments thereto;
40(F) the bank commissioner for an applicant for employment as a new
41executive officer or director with a money transmitter company as
42described in K.S.A. 9-513e, and amendments thereto;
43(G) the bank commissioner for any applicant as defined in K.S.A. 9-
11719, and amendments thereto, in connection with such application as
2described in K.S.A. 9-1722, and amendments thereto;
3(H) the bank commissioner for an applicant, registrant or licensee as
4defined in K.S.A. 9-2201, and amendments thereto, in connection with
5such application, registration or license as described in K.S.A. 9-2209, and
6amendments thereto;
7(I) the state banking board for any officer, director or organizer of a
8proposed fiduciary financial institution as defined in K.S.A. 9-2301, and
9amendments thereto, in connection with such role as described in K.S.A.
109-2302, and amendments thereto;
11(J) municipalities for applicants for merchant or security police as
12described in K.S.A. 12-1679, and amendments thereto;
13(K) the bank commissioner for applicants as defined in K.S.A. 16a-6-
14104, and amendments thereto, in connection with such application as
15described in K.S.A. 16a-6-104, and amendments thereto;
16(L) the state department of credit unions for every candidate as
17defined in K.S.A. 17-2234, and amendments thereto, in connection with
18such employment as described in K.S.A. 17-2234, and amendments
19thereto;
20(M) the division of alcoholic beverage control within the department
21of revenue for applicants as defined in K.S.A. 41-102, and amendments
22thereto, in connection with such application as described in K.S.A. 41-
23311b, and amendments thereto;
24(N) the division of post audit for employees as defined in K.S.A. 46-
251103, and amendments thereto, in connection with such employment as
26described in K.S.A. 46-1103, and amendments thereto;
27(O) the bank commissioner for licensees as defined in K.S.A. 50-
281126, and amendments thereto, in connection with such license as
29described in K.S.A. 50-1128, and amendments thereto;
30(P) the real estate appraisal board for licensees as defined in K.S.A.
3158-4102, and amendments thereto, in connection with an application or
32investigation as described in K.S.A. 58-4127, and amendments thereto;
33(Q) the real estate appraisal board for applicants as defined in K.S.A.
3458-4703, and amendments thereto, in connection with such application as
35described in K.S.A. 58-4709, and amendments thereto;
36(R) the department of health and environment for an employee as
37defined in K.S.A. 65-2401, and amendments thereto, in connection with
38such employment as described in K.S.A. 65-2402, and amendments
39thereto;
40(S) the Kansas office of veterans services for candidates as defined in
41K.S.A. 73-1210a, and amendments thereto, in connection with an
42application as described in K.S.A. 73-1210a, and amendments thereto;
43(T) a senate standing committee for a member named, appointed or
1elected to the public employee retirement systems board of trustee
2membership as described in K.S.A. 74-4905, and amendments thereto;
3(U) the department of revenue for employees as defined in K.S.A. 75-
45133c, and amendments thereto, in connection with such employment as
5described in K.S.A. 75-5133c, and amendments thereto;
6(V) the division of motor vehicles within the department of revenue
7for employees as defined in K.S.A. 75-5156, and amendments thereto, in
8connection with such employment as described in K.S.A. 75-5156, and
9amendments thereto;
10(W) the Kansas commission for the deaf and hard of hearing for
11applicants as defined in K.S.A. 75-5397f, and amendments thereto, in
12connection with such application as described in K.S.A. 75-5393a, and
13amendments thereto;
14(X) the Kansas commission for the deaf and hard of hearing for
15employees as defined in K.S.A. 75-5397f, and amendments thereto, in
16connection with such employment as described in K.S.A. 75-5393c, and
17amendments thereto;
18(Y) the department of health and environment for employees as
19defined in K.S.A. 75-5609a, and amendments thereto, in connection with
20such employment as described in K.S.A. 75-5609a, and amendments
21thereto; and
22(Z) an executive branch agency head for employees as defined in
23K.S.A. 75-7241, and amendments thereto, in connection with such
24employment as described in K.S.A. 75-7241, and amendments thereto.
25(c) State and local law enforcement agencies shall assist with taking
26fingerprints of individuals as authorized by this section.
27(d) Any board, commission, committee or other public body shall
28recess into a closed executive session pursuant to K.S.A. 75-4319, and
29amendments thereto, to receive and discuss criminal history record
30information obtained pursuant to this section.
31(e) The Kansas bureau of investigation may charge a reasonable fee
32for conducting a criminal history record check.
33(f) (1) Fingerprints and criminal history record information received
34pursuant to this section shall be confidential and shall not be subject to the
35provisions of the Kansas open records act, K.S.A. 45-215 et seq., and
36amendments thereto. The provisions of this paragraph shall expire on July
371, 2029, unless the legislature reviews and reenacts this provision pursuant
38to K.S.A. 45-229, and amendments thereto, prior to July 1, 2029.
39(2) Disclosure or use of any information received pursuant to this
40section for any purpose other than the purpose described in this section
41shall be a class A nonperson misdemeanor and shall constitute grounds for
42removal from office.
43Sec. 16. K.S.A. 2025 Supp. 75-702 is hereby amended to read as
1follows: 75-702. (a) The attorney general shall appear for the state, and
2prosecute and defend any and all actions and proceedings, civil or
3criminal, in the Kansas supreme court, the Kansas court of appeals and in
4all federal courts, in which the state shall be interested or a party, and shall,
5when so appearing, control the state's prosecution or defense.
6(b) The attorney general shall also, when required by the governor or
7either branch of the legislature, appear for the state and prosecute or
8defend, in any other court or before any officer, in any cause or matter,
9civil or criminal, in which this state may be a party or interested or when
10the constitutionality of any law of this state is at issue and when so
11directed shall seek final resolution of such issue in the supreme court of
12the state of Kansas.
13(c) (1) The attorney general shall have authority to prosecute any
14matter related to a violation of K.S.A. 12-189 or 75-5133, and
15amendments thereto, related to unlawful acts when the offender is an
16officer or employee of a city or county.
17(2) Notwithstanding any provision of law to the contrary, the attorney
18general shall have concurrent authority with any county or district attorney
19to prosecute any crime that is codified in chapter 72 of the Kansas Statutes
20Annotated, and amendments thereto, and the following crimes when they
21are part of an alleged course of criminal conduct that occurred in two or
22more counties:
23(A) Organized retail crime as defined in K.S.A. 2025 Supp. 21-5841,
24and amendments thereto, and any other crime that is part of such alleged
25course of criminal conduct;
26(B) theft as defined in K.S.A. 21-5801, and amendments thereto;
27(C) violations of the Kansas racketeer influenced and corrupt
28organizations act, K.S.A. 21-6327 et seq., and amendments thereto; and
29(D) any attempt, conspiracy or criminal solicitation as defined in
30K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of the
31crimes described in subsection (c)(2)(A), (c)(2)(B) or (c)(2)(C).
32Sec. 17. K.S.A. 2025 Supp. 22-4714 and 75-702 are hereby repealed.
33Sec. 18. This act shall take effect and be in force from and after its
34publication in the statute book.