Chairman Erickson opened the hearing on SB 496.

Tamera Lawrence, Assistant Revisor, Office of the Revisor of Statutes, gave a brief overview of the bill. (Attachment 1)

Proponent:

Lance Y. Kinzer, Director of Policy & Government Relations, 1st Amendment Partnership, stated that this bill seeks to avoid needless conflict by ensuring individuals in positions of authority at public postsecondary educational institutions have a clear understanding of state and federal law around freedom of speech, association, and religion. This bill is designed to prevent conflict in the first place by making sure those charged with enforcing campus policies that interact with speech, association, and free exercise clearly understand both the constitutional and statutory standards that govern in these areas. SB 496 directs training about such matters not merely to a subset of employees involved in discipline and instruction, but also to students who, because of their positions in student government, play a role in recognizing and overseeing student organizations. (Attachment 2)

Neutral:

Blake Flanders, Ph.D., President and CEO, Kansas Board of Regents, informed the committee of the 32 public universities and colleges are subject to:

• The First Amendment to the U.S. Constitution
• The Kansas Constitution
• State Statutes governing expressive activity (K.K.A. 60-5301 et seq.)
• Federal court decisions interpreting campus speech rights

In addition, existing Board of Regents policies and institutional procedures apply to the state universities governed by the Board. This bill would create a uniform statewide framework, which may promote consistency across the institutions. New statutory requirements will require staff time, training development, tracking, and reporting. The Board encourages consideration of the potential administrative and fiscal impacts on institutions and the importance of implementing the bill in a cost-effective manner that prioritizes students and educational outcomes. (Attachment 3)

Opponent Written:

Emma Shankland, Impact Strategist - Policy, Health Forward Foundation (Attachment 4)

Timothy R. Graham, Director of Government Relations & Legislative Affairs, Kansas National Education Association (Attachment 5)

Discussion followed.

Chairman Erickson closed the hearing on SB 496.