CHAPTER 171 SENATE BILL No. 298
      An Act concerning education and schools; relating to persons required to hold certificates
      for employment in schools; issuance or renewal of certificates; authorizing the state
      board of education to receive certain information; rescinding due process hearing rights
      of persons whose certificates are nonrenewed or revoked by reason of certain criminal
      activities; school safety and security; requirements and duties of administrators and
      school employees; disclosure of certain information; the Kansas proprietary school act,
      definitions and increasing certain fees; providing for the disposition of student records
      upon school closure; amending K.S.A. 72-4919, 72-4920, 72-4921, 72-4922, 72-4924,
      72-4925, 72-4926, 72-4927, 72-4928, 72-4929, 72-4931, 72-4933, 72-4934, 72-4935, 72-
      4936, 72-4937, 72-4938, 72-4939, 72-4940 and 72-5445 and K.S.A. 1997 Supp. 38-1502,
      38-1507, 38-1602, 38-1608, 38-1618, 72-4932, 72-89b02 and 72-89b03 and repealing
      the existing sections; also repealing K.S.A. 72-4917, 72-4918 and 72-4923 and K.S.A.
      1997 Supp. 38-1502b.

Be it enacted by the Legislature of the State of Kansas:

New Section 1. (a) The state board of education shall not knowingly
issue a certificate to or renew the certificate of any person who has been
convicted of any offense or attempt to commit any offense specified in
subsection (c) of K.S.A. 21-4619 and amendments thereto.

(b) Except as provided in subsection (c), the state board of education
shall not knowingly issue a certificate to or renew the certificate of any
person who:

(1) Has been convicted of a felony under the uniform controlled sub-
stances act; (2) has been convicted of a felony described in any section of
article 34 of chapter 21 of the Kansas Statutes Annotated or an act de-
scribed in K.S.A. 21-3412 and amendments thereto, if the victim is a
minor or student; (3) has been convicted of a felony described in any
section of article 35 of chapter 21 of the Kansas Statutes Annotated, other
than an act specified in subsection (c) of K.S.A. 21-4619 and amendments
thereto, or has been convicted of an act described in K.S.A. 21-3517 and
amendments thereto, if the victim is a minor or student; (4) has been
convicted of any act described in any section of article 36 of chapter 21
of the Kansas Statutes Annotated, other than an act specified in subsec-
tion (c) of K.S.A. 21-4619 and amendments thereto; (5) has been con-
victed of a felony described in article 37 of chapter 21 of the Kansas
Statutes Annotated; (6) has been convicted of an attempt under K.S.A.
21-3301, and amendments thereto, to commit any act specified in this
subsection; (7) has been convicted of any act which is described in K.S.A.
21-4301, 21-4301a or 21-4301c, and amendments thereto; (8) has been
convicted in another state or by the federal government of an act similar
to any act described in this subsection; or (9) has entered into a criminal
diversion agreement after having been charged with any offense de-
scribed in this subsection.

(c) The state board of education may issue a certificate to or renew
the certificate of a person who has been convicted of committing an of-
fense or act described in subsection (b) or who has entered into a criminal
diversion agreement after having been charged with an offense or act
described in subsection (b) if the state board determines, following a
hearing, that the person has been rehabilitated for a period of at least
five years from the date of conviction of the offense or commission of the
act or, in the case of a person who has entered into a criminal diversion
agreement, that the person has satisfied the terms and conditions of the
agreement. The state board of education may consider factors including,
but not limited to, the following in determining whether to grant a cer-
tificate:

(1) The nature and seriousness of the offense or act;

(2) the conduct of the person subsequent to commission of the of-
fense or act;

(3) the time elapsed since the commission of the offense or act;

(4) the age of the person at the time of the offense or act;

(5) whether the offense or act was an isolated or recurring incident;
and

(6) discharge from probation, pardon or expungement.

(d) Before any certificate is denied by the state board of education
for any of the offenses or acts specified in subsections (a) and (b), the
person shall be given notice and an opportunity for a hearing in accord-
ance with the provisions of the Kansas administrative procedure act.

(e) The county or district attorney shall file a report with the state
board of education indicating the name, address and social security num-
ber of any person who has been determined to have committed any of-
fense or act specified in subsection (a) or (b) or to have entered into a
criminal diversion agreement after having been charged with any offense
or act specified in subsection (b). Such report shall be filed within 30
days of the date of the determination that the person has committed any
such act or entered into any such diversion agreement.

(f) The state board of education shall not be liable for civil damages
to any person refused issuance or renewal of a certificate by reason of the
state board's compliance, in good faith, with the provisions of this section.

Sec. 2. K.S.A. 72-5445 is hereby amended to read as follows: 72-
5445. (a) (1) Subject to the provisions of K.S.A. 72-5446, and amendments
thereto subsection (b), the provisions of K.S.A. 72-5438 through 72-5443,
and amendments thereto, apply only to: (1) (A) Teachers who have com-
pleted not less than three consecutive years of employment, and been
offered a fourth contract, in the school district, area vocational-technical
school or community college by which any such teacher is currently em-
ployed; and (2) (B) teachers who have completed not less than two con-
secutive years of employment, and been offered a third contract, in the
school district, area vocational-technical school or community college by
which any such teacher is currently employed if at any time prior to the
current employment the teacher has completed the years of employment
requirement of provision (1) subpart (A) in any school district, area vo-
cational-technical school or community college in this state.

(b) (2) Any board may waive, at any time, the years of employment
requirements of subsection (a) provision (1) for any teachers employed
by it.

(3) The provisions of this subsection are subject to the provisions of
K.S.A. 72-5446, and amendments thereto.

(b) The provisions of K.S.A. 72-5438 through 72-5443, and amend-
ments thereto, do not apply to any teacher whose certificate has been
nonrenewed or revoked by the state board of education for the reason
that the teacher: (1) Has been convicted of a felony under the uniform
controlled substances act; (2) has been convicted of a felony described in
any section of article 34 of chapter 21 of the Kansas Statutes Annotated
or an act described in K.S.A. 21-3412 and amendments thereto, if the
victim is a minor or student; (3) has been convicted of a felony described
in any section of article 35 of chapter 21 of the Kansas Statutes Annotated,
or has been convicted of an act described in K.S.A. 21-3517 and amend-
ments thereto, if the victim is a minor or student; (4) has been convicted
of any act described in any section of article 36 of chapter 21 of the Kansas
Statutes Annotated; (5) has been convicted of a felony described in article
37 of chapter 21 of the Kansas Statutes Annotated; (6) has been convicted
of an attempt under K.S.A. 21-3301, and amendments thereto, to commit
any act specified in this subsection; (7) has been convicted of any act
which is described in K.S.A. 21-4301, 21-4301a or 21-4301c, and amend-
ments thereto; (8) has been convicted in another state or by the federal
government of an act similar to any act described in this subsection; or
(9) has entered into a criminal diversion agreement after having been
charged with any offense described in this subsection.

Sec. 3. K.S.A. 1997 Supp. 72-89b02 is hereby amended to read as
follows: 72-89b02. As used in this act:

(a) ``Board of education'' means the board of education of a unified
school district or the governing authority of an accredited nonpublic
school.

(b) ``School'' means a public school or an accredited nonpublic school.

(c) ``Public school'' means a school operated by a unified school dis-
trict organized under the laws of this state.

(d) ``Accredited nonpublic school'' means a nonpublic school partic-
ipating in the quality performance accreditation system.

(e) ``School employee'' means any teacher or other professional or
paraprofessional employee of a school who has exposure to a pupil spec-
ified in subsection (a)(1) through (5) of K.S.A. 72-89b03 and amendments
thereto.

(f) ``Administrator'' means any individual who is employed by a
school in a supervisory or managerial capacity.

Sec. 4. K.S.A. 1997 Supp. 72-89b03 is hereby amended to read as
follows: 72-89b03. (a) For the purpose of creating safer and more secure
schools and to provide a safe and orderly environment conducive to learn-
ing, each School employees with knowledge that a pupil is a pupil specified
in this subsection shall inform administrators and administrators with
knowledge that a pupil is a pupil specified in this subsection shall inform
all other school employees of the following:

(1) The identity of any pupil who has been expelled as provided by
subsection (c) of K.S.A. 72-8901 and amendments thereto for conduct
which endangers the safety of others;

(2) the identity of any pupil who has been expelled as provided by
subsection (d) of K.S.A. 72-8901 and amendments thereto;

(3) the identity of any pupil who has been expelled under a policy
adopted pursuant to K.S.A. 72-89a02 and amendments thereto;

(4) the identity of any pupil who has been adjudged to be a juvenile
offender and whose offense, if committed by an adult, would constitute a
felony under the laws of Kansas or the state where the offense was com-
mitted, except that this subsection shall not apply to an adjudication as a
juvenile offender involving a felony theft offense involving no direct threat
to human life; and

(5) the identity of any pupil who has been tried and convicted as an
adult of any felony, except that this subsection shall not apply to any
felony conviction of theft involving no direct threat to human life.

(b) Each board of education shall adopt a policy that will provide for
includes:

(1) A requirement that an immediate report be made to the appro-
priate state or local law enforcement agency by or on behalf of any school
employee who knows or has reason to believe that an act has been com-
mitted at school, on school property, or at a school supervised activity and
that the act involved conduct which constitutes the commission of a felony
or misdemeanor or which involves the possession, use or disposal of ex-
plosives, firearms or other weapons,; and

(2) the procedures for making such a report;.

(2) compiling and reporting annually

(c) Administrators and other school employees shall not be subject to
the provisions of subsection (b) of K.S.A. 1997 Supp. 72-89b04 and
amendments thereto if:

(1) They follow the procedures from a policy adopted pursuant to the
provisions of subsection (b); or

(2) their board of education fails to adopt such policy.

(d) Each board of education shall annually compile and report to the
state board of education at least the following information relating to
school safety and security: The types and frequency of criminal acts that
are required to be reported under provision (1) pursuant to the provisions
of subsection (b), disaggregated by occurrences at school, on school prop-
erty and at school supervised activities. The report shall be incorporated
into and become part of the current report required under the quality
performance accreditation system;.

(3) making (e) Each board of education shall make available to pu-
pils and their parents, to school employees and, upon request, to others,
district policies and reports concerning school safety and security, includ-
ing those required by this subsection, except that the provisions of this
subsection shall not apply to the disclosures required pursuant to subsec-
tion (a).

(b) (f) Nothing in this section shall be construed or operate in any
manner so as to prevent any school employee from reporting criminal
acts to school officials and to appropriate state and local law enforcement
agencies.

(c) (g) The state board of education shall extract the information re-
lating to school safety and security from the quality performance accred-
itation report and transmit the information to the governor, the legisla-
ture, the attorney general, the secretary of health and environment, and
the secretary of social and rehabilitation services.

(h) No board of education and no member of any such board shall be
liable for damages in a civil action for the actions or omissions of any
administrator pursuant to the requirements and provisions of the Kansas
school safety and security act and to this end such board and members
thereof shall have immunity from civil liability related thereto. No ad-
ministrator or school employee shall be liable for damages in a civil action
for the actions or omissions of such administrator or school employee
pursuant to the requirements and provisions of the Kansas school safety
and security act and to this end such administrator or school employee
shall have immunity from civil liability related thereto.

New Sec. 5. If any provision of the Kansas school safety and security
act as in effect on the effective date of this act, or as amended by this act,
or the application of any such provision to any person or circumstance is
held invalid, the invalidity shall not affect other provisions or applications
of the act which can be given effect without the invalid provision or ap-
plication and, to this end, the provisions of the Kansas school safety and
security act as amended by this act are severable.

Sec. 6. K.S.A. 1997 Supp. 38-1502 is hereby amended to read as
follows: 38-1502. As used in this code, unless the context otherwise in-
dicates:

(a) ``Child in need of care'' means a person less than 18 years of age
who:

(1) Is without adequate parental care, control or subsistence and the
condition is not due solely to the lack of financial means of the child's
parents or other custodian;

(2) is without the care or control necessary for the child's physical,
mental or emotional health;

(3) has been physically, mentally or emotionally abused or neglected
or sexually abused;

(4) has been placed for care or adoption in violation of law;

(5) has been abandoned or does not have a known living parent;

(6) is not attending school as required by K.S.A. 72-977 or 72-1111,
and amendments thereto;

(7) except in the case of a violation of K.S.A. 41-727, subsection (j)
of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, and amend-
ments thereto, or, except as provided in subsection (a)(12) of K.S.A. 21-
4204a and amendments thereto, does an act which, when committed by
a person under 18 years of age, is prohibited by state law, city ordinance
or county resolution but which is not prohibited when done by an adult;

(8) while less than 10 years of age, commits any act which if done by
an adult would constitute the commission of a felony or misdemeanor as
defined by K.S.A. 21-3105 and amendments thereto;

(9) is willfully and voluntarily absent from the child's home without
the consent of the child's parent or other custodian;

(10) is willfully and voluntarily absent at least a second time from a
court ordered or designated placement, or a placement pursuant to court
order, if the absence is without the consent of the person with whom the
child is placed or, if the child is placed in a facility, without the consent
of the person in charge of such facility or such person's designee;

(11) has been residing in the same residence with a sibling or another
person under 18 years of age, who has been physically, mentally or emo-
tionally abused or neglected, or sexually abused; or

(12) while less than 10 years of age commits the offense defined in
K.S.A. 21-4204a and amendments thereto.

(b) ``Physical, mental or emotional abuse or neglect'' means the in-
fliction of physical, mental or emotional injury or the causing of a dete-
rioration of a child and may include, but shall not be limited to, failing to
maintain reasonable care and treatment, negligent treatment or maltreat-
ment or exploiting a child to the extent that the child's health or emotional
well-being is endangered. A parent legitimately practicing religious beliefs
who does not provide specified medical treatment for a child because of
religious beliefs shall not for that reason be considered a negligent parent;
however, this exception shall not preclude a court from entering an order
pursuant to subsection (a)(2) of K.S.A. 38-1513 and amendments thereto.

(c) ``Sexual abuse'' means any act committed with a child which is
described in article 35, chapter 21 of the Kansas Statutes Annotated and
those acts described in K.S.A. 21-3602 or 21-3603, and amendments
thereto, regardless of the age of the child.

(d) ``Parent,'' when used in relation to a child or children, includes a
guardian, conservator and every person who is by law liable to maintain,
care for or support the child.

(e) ``Interested party'' means the state, the petitioner, the child, any
parent and any person found to be an interested party pursuant to K.S.A.
38-1541 and amendments thereto.

(f) ``Law enforcement officer'' means any person who by virtue of
office or public employment is vested by law with a duty to maintain
public order or to make arrests for crimes, whether that duty extends to
all crimes or is limited to specific crimes.

(g) ``Youth residential facility'' means any home, foster home or struc-
ture which provides 24-hour-a-day care for children and which is licensed
pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated.

(h) ``Shelter facility'' means any public or private facility or home
other than a juvenile detention facility that may be used in accordance
with this code for the purpose of providing either temporary placement
for the care of children in need of care prior to the issuance of a dispos-
itional order or longer term care under a dispositional order.

(i) ``Juvenile detention facility'' means any secure public or private
facility used for the lawful custody of accused or adjudicated juvenile
offenders which must not be a jail.

(j) ``Adult correction facility'' means any public or private facility, se-
cure or nonsecure, which is used for the lawful custody of accused or
convicted adult criminal offenders.

(k) ``Secure facility'' means a facility which is operated or structured
so as to ensure that all entrances and exits from the facility are under the
exclusive control of the staff of the facility, whether or not the person
being detained has freedom of movement within the perimeters of the
facility, or which relies on locked rooms and buildings, fences or physical
restraint in order to control behavior of its residents. No secure facility
shall be in a city or county jail.

(l) ``Ward of the court'' means a child over whom the court has ac-
quired jurisdiction by the filing of a petition pursuant to this code and
who continues subject to that jurisdiction until the petition is dismissed
or the child is discharged as provided in K.S.A. 38-1503 and amendments
thereto.

(m) ``Custody,'' whether temporary, protective or legal, means the
status created by court order or statute which vests in a custodian,
whether an individual or an agency, the right to physical possession of
the child and the right to determine placement of the child, subject to
restrictions placed by the court.

(n) ``Placement'' means the designation by the individual or agency
having custody of where and with whom the child will live.

(o) ``Secretary'' means the secretary of social and rehabilitation serv-
ices.

(p) ``Relative'' means a person related by blood, marriage or adoption
but, when referring to a relative of a child's parent, does not include the
child's other parent.

(q) ``Court-appointed special advocate'' means a responsible adult
other than an attorney guardian ad litem who is appointed by the court
to represent the best interests of a child, as provided in K.S.A. 38-1505a
and amendments thereto, in a proceeding pursuant to this code.

(r) ``Multidisciplinary team'' means a group of persons, appointed by
the court or by the state department of social and rehabilitation services
under K.S.A. 38-1523a and amendments thereto, which has knowledge
of the circumstances of a child in need of care.

(s) ``Jail'' means:

(1) An adult jail or lockup; or

(2) a facility in the same building or on the same grounds as an adult
jail or lockup, unless the facility meets all applicable standards and licen-
sure requirements under law and there is (A) total separation of the ju-
venile and adult facility spatial areas such that there could be no haphaz-
ard or accidental contact between juvenile and adult residents in the
respective facilities; (B) total separation in all juvenile and adult program
activities within the facilities, including recreation, education, counseling,
health care, dining, sleeping, and general living activities; and (C) separate
juvenile and adult staff, including management, security staff and direct
care staff such as recreational, educational and counseling.

(t) ``Kinship care'' means the placement of a child in the home of the
child's relative or in the home of another adult with whom the child or
the child's parent already has a close emotional attachment.

(u) ``Juvenile intake and assessment worker'' means a responsible
adult authorized to perform intake and assessment services as a part of
the intake and assessment system established pursuant to K.S.A. 75-7023
and amendments thereto.

(v) ``Educational institution'' means all schools at the elementary and
secondary levels.

(w) ``Educator'' means any administrator, teacher or other profes-
sional or paraprofessional employee of an educational institution who has
exposure to a pupil specified in subsection (a)(1) through (5) of K.S.A. 72-
89b03 and amendments thereto.

Sec. 7. K.S.A. 1997 Supp. 38-1507 is hereby amended to read as
follows: 38-1507. (a) Except as otherwise provided, in order to protect
the privacy of children who are the subject of a child in need of care
record or report, all records and reports concerning children in need of
care, including the juvenile intake and assessment report, received by the
department of social and rehabilitation services, a law enforcement
agency or any juvenile intake and assessment worker shall be kept con-
fidential except: (1) To those persons or entities with a need for infor-
mation that is directly related to achieving the purposes of this code, or
(2) upon an order of a court of competent jurisdiction pursuant to a
determination by the court that disclosure of the reports and records is
in the best interests of the child or are necessary for the proceedings
before the court, or both, and are otherwise admissible in evidence. Such
access shall be limited to in camera inspection unless the court otherwise
issues an order specifying the terms of disclosure.

(b) The provisions of subsection (a) shall not prevent disclosure of
information to an educational institution or to individual educators about
a pupil specified in subsection (a) (1) through (5) of K.S.A. 72-89b03 and
amendments thereto.

(c) When a report is received by the department of social and reha-
bilitation services, a law enforcement agency or any juvenile intake and
assessment worker which indicates a child may be in need of care, the
following persons and entities shall have a free exchange of information
between and among them:

(1) The department of social and rehabilitation services;

(2) the commissioner of juvenile justice;

(3) the law enforcement agency receiving such report;

(4) members of a court appointed multidisciplinary team;

(5) an entity mandated by federal law or an agency of any state au-
thorized to receive and investigate reports of a child known or suspected
to be in need of care;

(6) a military enclave or Indian tribal organization authorized to re-
ceive and investigate reports of a child known or suspected to be in need
of care;

(7) a county or district attorney;

(8) a court services officer who has taken a child into custody pursuant
to K.S.A. 38-1527, and amendments thereto;

(9) a guardian ad litem appointed for a child alleged to be in need of
care;

(10) an intake and assessment worker; and

(11) any community corrections program which has the child under
court ordered supervision.

(c) (d) The following persons or entities shall have access to infor-
mation, records or reports received by the department of social and re-
habilitation services, a law enforcement agency or any juvenile intake and
assessment worker. Access shall be limited to information reasonably nec-
essary to carry out their lawful responsibilities to maintain their personal
safety and the personal safety of individuals in their care or to diagnose,
treat, care for or protect a child alleged to be in need of care.

(1) A child named in the report or records.

(2) A parent or other person responsible for the welfare of a child,
or such person's legal representative.

(3) A court-appointed special advocate for a child, a citizen review
board or other advocate which reports to the court.

(4) A person licensed to practice the healing arts or mental health
profession in order to diagnose, care for, treat or supervise: (A) A child
whom such service provider reasonably suspects may be in need of care;
(B) a member of the child's family; or (C) a person who allegedly abused
or neglected the child.

(5) A person or entity licensed or registered by the secretary of health
and environment or approved by the secretary of social and rehabilitation
services to care for, treat or supervise a child in need of care. In order to
assist a child placed for care by the secretary of social and rehabilitation
services in a foster home or child care facility, the secretary shall provide
relevant information to the foster parents or child care facility prior to
placement and as such information becomes available to the secretary.

(6) A coroner or medical examiner when such person is determining
the cause of death of a child.

(7) The state child death review board established under K.S.A. 22a-
243, and amendments thereto.

(8) A prospective adoptive parent prior to placing a child in their care.

(9) The department of health and environment or person authorized
by the department of health and environment pursuant to K.S.A. 59-512,
and amendments thereto, for the purpose of carrying out responsibilities
relating to licensure or registration of child care providers as required by
chapter 65 of article 5 of the Kansas Statutes Annotated, and amendments
thereto.

(10) The state protection and advocacy agency as provided by sub-
section (a)(10) of K.S.A. 65-5603 or subsection (a)(2)(A) and (B) of K.S.A.
74-5515, and amendments thereto.

(11) Any educational institution to the extent allowed pursuant to law
or pursuant to court order necessary to enable the educational institution
to provide the safest possible environment for its pupils and employees.

(12) Any educator to the extent necessary to enable the educator to
protect the personal safety of the educator and the educator's pupils.

(d) (e) Information from a record or report of a child in need of care
shall be available to members of the standing house or senate committee
on judiciary, house committee on appropriations, senate committee on
ways and means, legislative post audit committee and joint committee on
children and families, carrying out such member's or committee's official
functions in accordance with K.S.A. 75-4319 and amendments thereto,
in a closed or executive meeting. Except in limited conditions established
by 2/3 of the members of such committee, records and reports received
by the committee shall not be further disclosed. Unauthorized disclosure
may subject such member to discipline or censure from the house of
representatives or senate.

(e) (f) Nothing in this section shall be interpreted to prohibit the
secretary of social and rehabilitation services from summarizing the out-
come of department actions regarding a child alleged to be a child in
need of care to a person having made such report.

(f) (g) Disclosure of information from reports or records of a child in
need of care to the public shall be limited to confirmation of factual details
with respect to how the case was handled that do not violate the privacy
of the child, if living, or the child's siblings, parents or guardians. Further,
confidential information may be released to the public only with the ex-
press written permission of the individuals involved or their representa-
tives or upon order of the court having jurisdiction upon a finding by the
court that public disclosure of information in the records or reports is
necessary for the resolution of an issue before the court.

(g) (h) Nothing in this section shall be interpreted to prohibit a court
of competent jurisdiction from making an order disclosing the findings
or information pursuant to a report of alleged or suspected child abuse
or neglect which has resulted in a child fatality or near fatality if the court
determines such disclosure is necessary to a legitimate state purpose. In
making such order, the court shall give due consideration to the privacy
of the child, if, living, or the child's siblings, parents or guardians.

(h) (i) Information authorized to be disclosed in subsections (c) (d)
through (f) (g) shall not contain information which identifies a reporter
of a child in need of care.

(i) (j) Records or reports authorized to be disclosed in this section
shall not be further disclosed, except that the provisions of this subsection
shall not prevent disclosure of information to an educational institution
or to individual educators about a pupil specified in subsection (a)(1)
through (5) of K.S.A. 72-89b03 and amendments thereto.

(j) (k) Anyone who participates in providing or receiving information
without malice under the provisions of this section shall have immunity
from any civil liability that might otherwise be incurred or imposed. Any
such participant shall have the same immunity with respect to participa-
tion in any judicial proceedings resulting from providing or receiving in-
formation.

(k) (l) No individual, association, partnership, corporation or other
entity shall willfully or knowingly disclose, permit or encourage disclosure
of the contents of records or reports concerning a child in need of care
received by the department of social and rehabilitation services, a law
enforcement agency or a juvenile intake and assessment worker except
as provided by this code. Violation of this subsection is a class B misde-
meanor.

Sec. 8. K.S.A. 1997 Supp. 38-1602 is hereby amended to read as
follows: 38-1602. As used in this code, unless the context otherwise re-
quires:

(a) ``Juvenile'' means a person 10 or more years of age but less than
18 years of age.

(b) ``Juvenile offender'' means a person who does an act while a ju-
venile which if done by an adult would constitute the commission of a
felony or misdemeanor as defined by K.S.A. 21-3105 and amendments
thereto or who violates the provisions of K.S.A. 21-4204a or K.S.A. 41-
727 or subsection (j) of K.S.A. 74-8810, and amendments thereto, but
does not include:

(1) A person 14 or more years of age who commits a traffic offense,
as defined in subsection (d) of K.S.A. 8-2117 and amendments thereto;

(2) a person 16 years of age or over who commits an offense defined
in chapter 32 of the Kansas Statutes Annotated;

(3) a person whose prosecution as an adult is authorized pursuant to
K.S.A. 38-1636 and amendments thereto and whose prosecution results
in the conviction of an adult crime; or

(4) a person who has been found to be an extended jurisdiction ju-
venile pursuant to subsection (a)(2) of K.S.A. 38-1636, and amendment
thereto, and whose stay of adult sentence execution has been revoked.

(c) ``Parent,'' when used in relation to a juvenile or a juvenile of-
fender, includes a guardian, conservator and every person who is by law
liable to maintain, care for or support the juvenile.

(d) ``Law enforcement officer'' means any person who by virtue of
that person's office or public employment is vested by law with a duty to
maintain public order or to make arrests for crimes, whether that duty
extends to all crimes or is limited to specific crimes.

(e) ``Youth residential facility'' means any home, foster home or struc-
ture which provides twenty-four-hour-a-day care for juveniles and which
is licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
Annotated.

(f) ``Juvenile detention facility'' means any secure public or private
facility which is used for the lawful custody of accused or adjudicated
juvenile offenders and which must not be a jail.

(g) ``Juvenile correctional facility'' means a facility operated by the
commissioner for juvenile offenders.

(h) ``Warrant'' means a written order by a judge of the court directed
to any law enforcement officer commanding the officer to take into cus-
tody the juvenile named or described therein.

(i) ``Commissioner'' means the commissioner of juvenile justice.

(j) ``Jail'' means:

(1) An adult jail or lockup; or

(2) a facility in the same building as an adult jail or lockup, unless the
facility meets all applicable licensure requirements under law and there
is (A) total separation of the juvenile and adult facility spatial areas such
that there could be no haphazard or accidental contact between juvenile
and adult residents in the respective facilities; (B) total separation in all
juvenile and adult program activities within the facilities, including rec-
reation, education, counseling, health care, dining, sleeping, and general
living activities; and (C) separate juvenile and adult staff, including man-
agement, security staff and direct care staff such as recreational, educa-
tional and counseling.

(k) ``Court-appointed special advocate'' means a responsible adult,
other than an attorney appointed pursuant to K.S.A. 38-1606 and amend-
ments thereto, who is appointed by the court to represent the best inter-
ests of a child, as provided in K.S.A. 1997 Supp. 38-1606a, and amend-
ments thereto, in a proceeding pursuant to this code.

(l) ``Juvenile intake and assessment worker'' means a responsible
adult authorized to perform intake and assessment services as part of the
intake and assessment system established pursuant to K.S.A. 1997 Supp.
76-3202, and amendments thereto.

(m) ``Institution'' means the following institutions: The Atchison ju-
venile correctional facility, the Beloit juvenile correctional facility, the
Larned juvenile correctional facility and the Topeka juvenile correctional
facility.

(n) ``Sanction house'' means a facility which is operated or structured
so as to ensure that all entrances and exits from the facility are under the
exclusive control of the staff of the facility, whether or not the person
being detained has freedom of movement within the perimeters of the
facility, or which relies on locked rooms and buildings, fences, or physical
restraint in order to control behavior of its residents. Upon an order from
the court, a licensed juvenile detention facility may serve as a sanction
house. A sanction house may be physically connected to a nonsecure
shelter facility provided the sanction house is not a licensed juvenile de-
tention facility.

(o) ``Sentencing risk assessment tool'' means an instrument adminis-
tered to juvenile offenders which delivers a score, or group of scores,
describing, but not limited to describing, the juvenile's potential risk to
the community.

(p) ``Educational institution'' means all schools at the elementary and
secondary levels.

(q) ``Educator'' means any administrator, teacher or other profes-
sional or paraprofessional employee of an educational institution who has
exposure to a pupil specified in subsection (a)(1) through (5) of K.S.A. 72-
89b03 and amendments thereto.

Sec. 9. K.S.A. 1997 Supp. 38-1608 is hereby amended to read as
follows: 38-1608. (a) All records of law enforcement officers and agencies
and municipal courts concerning a public offense committed or alleged
to have been committed by a juvenile under 14 years of age shall be kept
readily distinguishable from criminal and other records and shall not be
disclosed to anyone except:

(1) The judge and members of the court staff designated by the judge
of a court having the juvenile before it in any proceedings;

(2) parties to the proceedings and their attorneys;

(3) the department of social and rehabilitation services;

(4) any individual, or any officer of a public or private agency or in-
stitution, having custody of the juvenile under court order or providing
educational, medical or mental health services to the juvenile or a court-
approved advocate for the juvenile;

(5) any educational institution to the extent necessary to enable the
educational institution to provide the safest possible environment for its
pupils and employees;

(6) any educator to the extent necessary to enable the educator to
protect the personal safety of the educator and the educator's pupils;

(7) law enforcement officers or county or district attorneys or their
staff when necessary for the discharge of their official duties;

(6) (8) the central repository, as defined by K.S.A. 22-4701 and
amendments thereto, for use only as a part of the juvenile offender in-
formation system established under K.S.A. 38-1618 and amendments
thereto;

(7) (9) juvenile intake and assessment workers;

(8) (10) juvenile justice authority;

(9) (11) any other person when authorized by a court order, subject
to any conditions imposed by the order; and

(10) (12) as provided in subsection (c).

(b) The provisions of this section shall not apply to records concern-
ing:

(1) A violation, by a person 14 or more years of age, of any provision
of chapter 8 of the Kansas Statutes Annotated or of any city ordinance or
county resolution which relates to the regulation of traffic on the roads,
highways or streets or the operation of self-propelled or nonself-propelled
vehicles of any kind;

(2) a violation, by a person 16 or more years of age, of any provision
of chapter 32 of the Kansas Statutes Annotated; or

(3) an offense for which the juvenile is prosecuted as an adult.

(c) All records of law enforcement officers and agencies and munic-
ipal courts concerning a public offense committed or alleged to have been
committed by a juvenile 14 or more years of age shall be subject to the
same disclosure restrictions as the records of adults. Information identi-
fying victims and alleged victims of sex offenses, as defined in K.S.A.
chapter 21, article 35, shall not be disclosed or open to public inspection
under any circumstances. Nothing in this section shall prohibit the victim
or any alleged victim of any sex offense from voluntarily disclosing such
victim's identity.

(d) Relevant information, reports and records shall be made available
to the department of corrections upon request and a showing that the
former juvenile has been convicted of a crime and placed in the custody
of the secretary of the department of corrections.

(e) All records, reports and information obtained as a part of the
juvenile intake and assessment process for juvenile offenders shall be
confidential and shall not be disclosed except as provided in this section
or by rules and regulations established by the commissioner of juvenile
justice.

(1) Any court of record may order the disclosure of such records,
reports and other information to any person or entity.

(2) The head of any juvenile intake and assessment program, certified
pursuant to the commissioner of juvenile justice, may authorize disclosure
of such records, reports and other information to:

(A) A person licensed to practice the healing arts who has before that
person a child whom the person reasonably suspects may be abused or
neglected;

(B) a court-appointed special advocate for a child, which advocate
reports to the court, or an agency having the legal responsibility or au-
thorization to care for, treat or supervise a child;

(C) a parent or other person responsible for the welfare of a child,
or such person's legal representative, with protection for the identity of
persons reporting and other appropriate persons;

(D) the child or the guardian ad litem for such child;

(E) the police or other law enforcement agency;

(F) an agency charged with the responsibility of preventing or treat-
ing physical, mental or emotional abuse or neglect or sexual abuse of
children, if the agency requesting the information has standards of con-
fidentiality as strict or stricter than the requirements of the Kansas code
for care of children or the Kansas juvenile justice code, whichever is
applicable;

(G) a person who is a member of a multidisciplinary team;

(H) an agency authorized by a properly constituted authority to di-
agnose, care for, treat or supervise a child who is the subject of a report
or record of child abuse or neglect;

(I) any individual, or public or private agency authorized by a properly
constituted authority to diagnose, care for, treat or supervise a child who
is the subject of a report or record of child abuse or neglect and specif-
ically includes the following: Physicians, psychiatrists, nurses, nurse prac-
titioners, psychologists, licensed social workers, child development spe-
cialists, physicians' assistants, community mental health workers, alcohol
and drug abuse counselors and licensed or registered child care providers;

(J) a citizen review board;

(K) an educational institution if related to a juvenile offender that is
required to attend attends such educational institution as part of an im-
mediate intervention program, probation or post-release supervision.; and

(L) educators who have exposure to the juvenile offender or who are
responsible for pupils who have exposure to the juvenile offender.

(3) To any juvenile intake and assessment worker of another certified
juvenile intake and assessment program.

Sec. 10. K.S.A. 1997 Supp. 38-1618 is hereby amended to read as
follows: 38-1618. (a) In order to properly advise the three branches of
government on the operation of the juvenile justice system, there is
hereby established within and as a part of the central repository, as de-
fined by K.S.A. 22-4701 and amendments thereto, a juvenile offender
information system. The system shall serve as a repository of juvenile
offender information which is collected by juvenile justice agencies and
reported to the system. Unless extended by an official action of the Kansas
criminal justice coordinating council, the juvenile offender information
system shall be operational and functional on or before July 1, 1997.

(b) Except as otherwise provided by this subsection, every juvenile
justice agency shall report juvenile offender information, whether col-
lected manually or by means of an automated system, to the central re-
pository, in accordance with rules and regulations adopted pursuant to
this section. A juvenile justice agency shall report to the central repository
those reportable events involving a violation of a county resolution or city
ordinance only when required by rules and regulations adopted by the
director.

(c) Reporting methods may include:

(1) Submission of juvenile offender information by a juvenile justice
agency directly to the central repository;

(2) if the information can readily be collected and reported through
the court system, submission to the central repository by the office of
judicial administrator; or

(3) if the information can readily be collected and reported through
juvenile justice agencies that are part of a geographically based infor-
mation system, submission to the central repository by the agencies.

(d) The director may determine, by rule and regulation, the report-
able events to be reported by each juvenile justice agency, in order to
avoid duplication in reporting.

(e) Juvenile offender information maintained in the juvenile offender
information system is confidential and shall not be disseminated or pub-
licly disclosed in a manner which enables identification of any individual
who is a subject of the information, except that the information shall be
open to inspection by law enforcement agencies of this state, by the de-
partment of social and rehabilitation services if related to an individual in
the secretary's custody or control, by the juvenile justice authority if re-
lated to an individual in the commissioner's custody or control, by the
department of corrections if related to an individual in the commissioner's
custody or control, by the educational institution to the extent allowed
pursuant to law or pursuant to a court order, if related to an individual
that is required to attend such educational institution as part of an im-
mediate intervention program, probation or post-release supervision ed-
ucational institutions to the extent necessary to enable such institutions
to provide the safest possible environment for pupils, teachers and other
employees, by any educator to the extent necessary to enable the educator
to protect the personal safety of the educator and the educator's pupils,
by the officers of any public institution to which the individual is com-
mitted, by county and district attorneys, by attorneys for the parties to a
proceeding under this code, the intake and assessment worker or upon
order of a judge of the district court or an appellate court.

(f) Any journal entry of a trial of a juvenile adjudged to be a juvenile
offender shall state the number of the statute under which the juvenile
is adjudicated to be a juvenile offender and specify whether each offense,
if done by an adult, would constitute a felony or misdemeanor, as defined
by K.S.A. 21-3105 and amendments thereto.

(g) Any law enforcement agency that willfully fails to make any report
required by this section shall be liable to the state for the payment of a
civil penalty, recoverable in an action brought by the attorney general, in
an amount not exceeding $500 for each report not made. Any civil penalty
recovered under this subsection shall be paid into the state general fund.

(h) The director shall adopt any rules and regulations necessary to
implement, administer and enforce the provisions of this section.

(i) K.S.A. 38-1617 and amendments thereto and this section shall be
part of and supplemental to the Kansas juvenile justice code.

(j) The director shall develop incentives to encourage the timely entry
of juvenile offender information into the central repository.

Sec. 11. K.S.A. 72-4919 is hereby amended to read as follows: 72-
4919. As used in this act, unless the context otherwise requires:

(a) ``Proprietary school'' or ``school'' means any business enterprise,
whether operated for on a profit, or on a nonprofit not-for-profit basis,
which:

(1) Maintains a place of business within the state of Kansas, or solicits
business within the state of Kansas, and which;

(2) is not specifically exempted by the provisions of this act; and

(1) which (3) offers or maintains a course or courses of instruction
or study; or

(2) at which place of business such a course or courses of instruction
or study is available through classroom instruction contact or by corre-
spondence, or both, to a person or persons for the purpose of training or
preparing such person persons for a field of endeavor in a business, trade,
technical, or industrial occupation, or for avocational or personal improve-
ment, except as hereinafter excluded.

(b) ``Owner'' of a school means:

(1) In the case of a school owned by an individual, that individual;

(2) in the case of a school owned by a partnership, all full, silent, and
limited partners; and

(3) in the case of a school owned by a corporation, the corporation,
its directors, officers and each shareholder owning shares of issued and
outstanding stock aggregating at least ten percent (10%) 10% of the total
of the issued and outstanding shares.

(c) ``Branch school'' means any subsidiary place of business main-
tained within the state of Kansas by a school at a site which is separate
from the site of the principal place of business maintained by the school
and at which subsidiary place of business the school offers a course or
courses of instruction or study identical to the course or courses of in-
struction or study offered by the school at its principal place of business.

(c) (d) ``School employee'' means any person, other than an owner,
who directly or indirectly receives compensation from a proprietary
school for services rendered.

(d) (e) ``Representative'' means a any person employed by a propri-
etary school whether the school is located within or without the state of
Kansas, to act as an agent, solicitor, or broker or independent contractor
to directly procure students or enrollees for the school by solicitation
within or without this state at any place other than the office or a place
of business of the school.

(e) (f) ``State board'' means the state board of education, or such
person or persons as may be designated by it the state board to administer
the provisions of this act.

(f) ``Notice to the school'' means written correspondence sent to the
address of record for legal service contained in the application for a cer-
tificate of approval. ``Date of notice'' means the date the notice is mailed
by the state board.

(g) ``Support'' or ``supported'' means the primary source and means
by which a school derives revenue to perpetuate its operation of the
school.

(h) ``Person'' means any individual, firm, partnership, association, or
corporation, or other private entity.

Sec. 12. K.S.A. 72-4920 is hereby amended to read as follows: 72-
4920. The following schools or educational institutions shall be specifically
are exempt from the provisions of this act and shall not be considered to
be within the definition of ``proprietary school'':

(a) A school or educational institution supported primarily by taxation
from either a local or state source.

(b) Nonprofit schools owned, controlled, operated and conducted by
bona fide religious, denominational, eleemosynary or similar public insti-
tutions exempt from property taxation under the laws of this state, but.
Such schools may choose to apply for a certificate of approval hereunder,
and, upon approval of the application and issuance of a certificate, shall
be subject to the provisions of this act as determined by the state board.

(c) A school or training program which offers instruction of purely
only for avocational or recreational subjects purposes as determined by
the state board.

(d) A course or courses of instruction or study sponsored by an em-
ployer for the training and preparation of its own employees, and for
which no tuition or other fee is charged to the student.

(e) A course or courses of study or instruction sponsored by a rec-
ognized trade, business, or professional organization having a closed
membership for the instruction of the members of the organization with
a closed membership, and for which no tuition or other fee is charged to
the student.

(f) Private colleges and universities which award a baccalaureate, or
higher degree, and which maintain and operate educational programs for
which credits are given. A majority of said credits must be transferable
to a college, junior college, or university, and are accredited by a national
nationally recognized accrediting agency listed by the United States office
of education under the provisions of chapter 33, title 38, U.S. code and
such subsequent federal legislation as is approved by the state board.

(g) A school which is otherwise regulated and approved under any
other law of this state.

(h) A course or courses of special study or instruction having a closed
enrollment and financed and/or or subsidized on a contract basis by the
local or state government, private industry, or any person, firm, associa-
tion or agency, other than the student involved, on a contract basis and
having a closed enrollment, except that. A school financed and/or or sub-
sidized by federal or special funds may apply to the state board for ex-
emption from the provisions of this act and may be declared exempt by
the state board when it finds the operation of such school to be outside
the purview of this act.

Sec. 13. K.S.A. 72-4921 is hereby amended to read as follows: 72-
4921. (a) The state board shall exercise jurisdiction and control of the
system of schools and enforce minimum standards for approval of schools
under rules and regulations and policies hereinafter set forth and as may
from time to time be adopted pursuant to the provisions of this act. The
state board may adopt rules and regulations to carry out the intent and
for administration of the provisions of this act. Prior to the adoption of
any such rules and regulations, the state board shall afford the commission
an opportunity to make recommendations thereon.

(b) The state board shall maintain a list of proprietary schools which
have been issued a certificate of approval.

Sec. 14. K.S.A. 72-4922 is hereby amended to read as follows: 72-
4922. (a) The advisory commission on proprietary schools, referred to as
the ``commission,'' is hereby created consisting. The commission shall con-
sist of nine (9) members appointed by the state board, each member to.
Members shall serve from the date of his or her appointment until De-
cember 31, 1972, and for terms of four (4) calendar years each thereafter:
Provided, however, That the appointments effective as of January 1, 1973,
shall be for three (3) members for terms of four (4) years, three (3)
members for terms of three (3) years and three (3) members for terms
of two (2) years. If a commission member resigns, or is otherwise unable
to serve, a new member shall be appointed by the state board to fill the
unexpired term. Five members of the commission shall be owners or
managers of proprietary schools as defined in this act, and at least three
two of the five members shall represent schools which, at the time of
appointment of such members, have received accreditation from any
agency recognized by the United States office of education enrollments
of under 125 students. Four members shall be selected from among the
following categories: Secondary school principals, guidance counselors
schools, postsecondary schools, agriculture, business or management, or-
ganized labor, and health occupations, except that one member shall be
a person who does not fall within the categories specified in this subsec-
tion.

(b) The commission shall elect one member as chairman chairperson
of the commission and such other officers as may be necessary.

(c) The commission shall meet at least annually in Topeka at 10:00
o'clock a.m. on the second Tuesday during the month of October, and
shall conduct special meetings on the call of the chairman, chairperson
or the state board or at the request of at least four members of the
commission.

(d) Members of the advisory commission on proprietary schools at-
tending meetings of such commission, or attending a subcommittee meet-
ing thereof authorized by such commission, shall be paid amounts pro-
vided in subsection (e) of K.S.A. 75-3223, and amendments thereto.

(e) A majority of the commission is a quorum for the to conduct of
business, but no less than four members must concur to pass upon any
matter before the commission.

(f) The commission shall recommend policies, regulations, minimum
standards and general rules that the commission deems necessary for car-
rying out administering the provisions of this act.

Sec. 15. K.S.A. 72-4924 is hereby amended to read as follows: 72-
4924. (a) By complying with the provisions of the appropriate following
sections of this act, a No proprietary school may obtain operate within
this state without obtaining a certificate of approval from the state board
which shall permit the school to operate within this state as provided in
this act.

(b) Schools domiciled, or having their principal place of business,
outside of the state of Kansas, that canvass, solicit or contract with any
person within the state of Kansas shall obtain a certificate of approval
from the state board for each such branch school.

(c) Any contract entered into with any person for a course or courses
of instruction after the effective date of this act by or on behalf of any
owner, school employee or representative of a school which is subject to
the provisions of this act to, but which has not obtained a certificate of
approval has not been issued, shall be unenforceable in any action brought
thereon.

Sec. 16. K.S.A. 72-4925 is hereby amended to read as follows: 72-
4925. (a) Each proprietary schools school shall make written application
apply to the state board for certificates a certificate of approval. A pro-
prietary school shall not be required to obtain a certificate of approval
for maintenance of any branch school.

(b) Such applications An application for a certificate of approval shall
be made on forms a form prepared and furnished by the state board and
shall contain such information as provided by rules and regulations of
may be required by the state board.

(c) The state board may issue a certificate of approval upon deter-
mination that a proprietary school meets the standards fixed established
by the state board. The state board may issue a certificate of approval to
any proprietary school accredited by a regional or national accrediting
agency recognized by the United States office of education without fur-
ther evidence.

Sec. 17. K.S.A. 72-4926 is hereby amended to read as follows: 72-
4926. The state board shall issue a certificate of approval to a school when
it the state board is satisfied that a the school meets minimum standards
established in accordance with this act.

Minimum standards shall be established by the state board by adoption
of rules and regulations to insure that:

(a) Courses, curriculum, and instruction in proprietary schools are of
such quality, content, and length as may reasonably and adequately
achieve insure achievement of the stated objective for which the courses,
curriculum or instruction are offered.

(b) Proprietary schools have adequate space, equipment, instruc-
tional material, and personnel to provide education and training of good
quality.

(c) Educational and experience qualifications of directors, adminis-
trators, and instructors are such as may reasonably insure that students
will receive training consistent with the objectives of their program of
study.

(d) Proprietary schools maintain written records of the previous ed-
ucation and training of students and applicant students, and that training
periods are shortened when warranted thereby by such previous educa-
tion and training or by skill or achievement tests.

(e) A copy of the course outline, schedule of tuition, fees, and other
charges, settlement policy, rules pertaining to absence, grading policy,
and rules of operation and conduct are furnished to students upon entry
into class.

(f) Upon completion of training, students are given certificates or
diplomas by the school indicating satisfactory completion of training in
courses.

(g) Adequate records are kept to show attendance, satisfactory aca-
demic progress or grades, and enforcement of satisfactory standards are
enforced relating to attendance, progress, and conduct.

(h) Schools comply with all local, city, county, municipal, state and
federal regulations, such as fire codes, building and sanitation codes.

(i) Schools are financially responsible and capable of fulfilling its com-
mitments for training.

(j) Schools do not utilize erroneous or misleading advertising, either
by actual statement, omission, or intimation, and are not in violation of
minimum standards relating to advertising.

(k) School administrators, directors, owners and instructors are of
good reputation and character.

(l) (k) Schools have and maintain a policy, which shall be subject to
state board approval, for the refund of the unused portions of tuition,
fees, and other charges in the event a student enrolled by the school fails
to begin a course or withdraws or is discontinued therefrom at any time
prior to completion, which policies shall take into account those costs of
the school that are not diminished by the failure of the student to enter
or complete a course of instruction. Policies under this subpart shall be
consonant with standards approved by the United States office of edu-
cation, and such standards shall be presumed to be reasonable.

Sec. 18. K.S.A. 72-4927 is hereby amended to read as follows: 72-
4927. (a) The state board, upon review of an application for a certificate
of approval duly submitted in accordance with the provisions of K.S.A.
72-4925, and amendments thereto, and meeting the requirements of
K.S.A. 72-4926, and amendments thereto, shall issue a certificate of ap-
proval to the applicant proprietary school. Certificates of approval shall
be in a form specified by the state board with advice from the commission.
Certificates of approval shall state clearly and conspicuously at least the
following information:

(1) The date of issuance, effective date and term of approval;

(2) the correct name and address of the school; and

(3) the authority for approval and conditions of approval, if any, re-
ferring specifically to the approved catalog or bulletin published by the
school;

(4) the signature of the commissioner of education or a person des-
ignated by the state board to administer the provisions of this act; and.

(5) any other fair and reasonable representations as are consistent
with this act and deemed necessary by the state board.

(b) Certificates of approval shall be valid for a term of one year.

(c) Each certificate of approval shall be issued to the owner of an
applicant proprietary school and shall be nontransferable. In the event of
a change in ownership of a proprietary school, the new owner must apply,
within 60 30 days prior to the change in ownership, apply for a new
certificate of approval. The state board may waive the 60 30 day require-
ment upon its determination that an emergency exists and that the waiver
and change in ownership would be in the best interests of students cur-
rently enrolled in the proprietary school. Whenever a change of owner-
ship occurs as a result of death, court order or operation of law, the new
owner shall forthwith apply immediately for a new certificate of approval.

(d) At least 30 60 days prior to expiration of a certificate of approval,
the state board shall forward to the proprietary school a renewal appli-
cation form which shall set forth any requirements by the state board for
revised or additional information to enable the state board to renew the
certificate of approval.

(e) Any school which is not yet in operation when its application for
a certificate of approval is filed shall not begin operation accept payments
for tuition, fees or other enrollment charges until receipt of a the certifi-
cate of approval.

(f) Any school which does not plan to renew a certificate of approval
must notify the state board at least 60 days prior to the expiration date
of the certificate of approval.

Sec. 19. K.S.A. 72-4928 is hereby amended to read as follows: 72-
4928. (a) If the state board, upon review and consideration of an appli-
cation for a certificate of approval, shall determine determines the appli-
cant to be unacceptable, the state board shall refuse to issue the certificate
and set forth the reasons therefor for the determination.

(b) If an applicant, upon written notification of refusal by the state
board to issue a certificate of approval, the applicant desires to contest
such refusal, the applicant shall notify the state board in writing, within
15 days after the date of service of such notice of refusal, of the desire to
be heard, and such applicant shall be afforded a hearing in accordance
with the provisions of the Kansas administrative procedure act. Upon
conclusion of any such hearing hereunder, the state board shall issue a
certificate of approval or a final refusal to do so.

(c) If an applicant, upon service of notice of refusal by the state board
to issue a certificate of approval, fails to request a hearing within 15 days
thereafter after the date of service of such notice of refusal, the state
board's refusal shall be final.

Sec. 20. K.S.A. 72-4929 is hereby amended to read as follows: 72-
4929. (a) The state board may revoke a certificate of approval or place
impose reasonable conditions upon the continued approval represented
by a certificate. Prior to revocation or imposition of conditions upon a
certificate of approval, the state board shall notify the holder of the cer-
tificate in writing of the impending action setting forth the grounds for
the action contemplated to be taken and affording a hearing on a date
within 30 days after the date of such notice. Hearings under this section
shall be conducted in accordance with the provisions of the Kansas ad-
ministrative procedure act.

(b) A certificate of approval may be revoked or conditioned if the
state board has reasonable cause to believe that the school is guilty of a
in violation of any provision of this act or of any rules and regulations
adopted hereunder under this act.

Sec. 21. K.S.A. 72-4931 is hereby amended to read as follows: 72-
4931. (a) All representatives Each representative of a proprietary school
shall register with the state board. Application for registration may be
made at any time and shall be based on information submitted by the
school and the representative in accordance with the provisions of this
act on a form prepared and furnished by the state board and shall contain
such information as may be required by the state board.

(b) Registration of a representative shall be effective upon receipt of
notice from the state board and shall remain in effect until expiration of
the certificate of approval of the school employing such representative.
Renewal of representative registration shall be in accordance with the
renewal application form forwarded to the school by the state board.

(c) Denial or revocation of registration of a representative by the state
board shall be in accordance with the provisions of this act applicable to
denial or revocation of a certificate of approval.

(d) Schools domiciled, or having their principal place of business,
outside of the state of Kansas that employ representatives to canvass,
solicit or contract with any person within the state of Kansas shall be
subject to the requirements for registration of representatives.

(e) (d) A representative representing employed by more than one
school shall obtain a separate permit not be required to register for each
school which he represents, except that when a representative represents
such schools having have a common ownership, only one permit shall be
required.

Sec. 22. K.S.A. 1997 Supp. 72-4932 is hereby amended to read as
follows: 72-4932. (a) Before a certificate of approval is issued under this
act, a bond in the penal sum of $20,000 shall be provided by the school
for the period during for which the certificate of approval is to be issued
and. The obligation of the bond shall be that neither this act nor any rule
or regulation adopted thereunder shall be violated by the school or any
of and its officers, agents, representatives or and other employees shall
be bound, upon closure of the school, to deliver or make available to the
state board the records of all students who are in attendance at the school
at the time of closure or who have attended the school at any time prior
to closure. The bond shall be a corporate surety bond issued by a company
authorized to do business in this state conditioned that the parties thereto
shall pay all damages or expenses which the state, or any governmental
subdivision thereof, or any person may sustain resulting from any such
violation. The bond shall be for use and benefit of the state or any person
or governmental subdivision of the state which may suffer expense or
damage by breach thereof. The bond shall be filed with the state board.
If the proprietary school ceases operation, the state board may recover
against the bond all necessary costs for the acquisition, permanent filing,
and maintenance of student records of the proprietary school.

(b) Before a representative may be registered under this act, a bond
in the penal sum of $2,000 shall be provided by or for each such repre-
sentative for a period running concurrently with that of the school's cer-
tificate of approval and the obligation of the bond shall be that neither a
provision of this act nor any rule or regulation adopted thereunder shall
be violated, nor shall fraud or misrepresentation in securing the enroll-
ment of a student be committed by the representative. The bond shall
be a surety bond issued by a company authorized to do business in this
state conditioned that the parties thereto shall pay all damages or ex-
penses which the state, any governmental subdivision thereof, or any per-
son may sustain resulting from any such violation. The bond shall be for
the use and benefit of the state or any person or governmental subdivision
of the state as may suffer expense or damage by breach thereof. The bond
shall be filed with the state board.

(c) (b) In lieu of the corporate surety bond required in subsections
under subsection (a) and (b) of this section, a school may, in the alter-
native, provide any other similar certificate or evidence of indebtedness
or insurance as may be acceptable to the state board if such certificate or
evidence of indebtedness or insurance meets all is conditioned that the
requirements of subsections subsection (a) and (b) shall be met.

(d) Schools domiciled, or having their principal place of business,
outside of the state of Kansas, that employ representatives to canvass,
solicit or contract with any person within the state of Kansas shall be
subject to the bond requirements for both the school and its represen-
tatives.

(e) The state board, for good cause shown, as recommended by the
commission, may waive and suspend the requirements set forth in sub-
sections (a), (b), and (c) of this section with respect to schools operating
wholly or in part under a federal grant where no tuition fee is charged to
the student.

Sec. 23. K.S.A. 72-4933 is hereby amended to read as follows: 72-
4933. (a) Subject to the provisions of subsection (b), no tuition in an
amount greater than $200 $350 shall be collected from a student by any
noncorrespondence school more than 10 30 days before the student re-
ceives actual shop or classroom instruction, and not more than $100 $150
of such an amount may be retained by a school from any student who
fails to enter the school.

(b) In the case of a correspondence school, no tuition in an amount
greater than $100 $200 shall be collected by any correspondence school
sooner than 10 days after from a student prior to the first submission of
a lesson by such the student for evaluation at the home office of the
school, and not more than $50 $75 of any such amount may be retained
by the a school from any student who fails to enter the school.

Sec. 24. K.S.A. 72-4934 is hereby amended to read as follows: 72-
4934. (a) No person shall:

(1) Operate a school without a certificate of approval;

(2) solicit prospective students without being bonded and registered
or certified as required by this act;

(3) accept contracts or enrollment applications from a representative
who is not bonded and certified registered as required by this act;

(4) use fraud or misrepresentation in advertising or in procuring a
student's enrollment of a student.

(b) Violation of any provision of subsection (a) of this section or of
any other provision of this act is a class C nonperson misdemeanor.

Sec. 25. K.S.A. 72-4935 is hereby amended to read as follows: 72-
4935. Upon application of the attorney general or the a county or district
attorney, the district courts shall have the power and jurisdiction to enjoin
any violation of this act. In cases of substantial and willful violations of
the act, district courts shall have the power and jurisdiction and to enjoin
persons from engaging in business in this state. In any action brought to
enforce the provisions of this act, if the court finds that a person is willfully
using or has willfully used a method, any deceptive or misleading act or
practice declared to be unlawful by this act, the attorney general or the
a county or district attorney, upon petition to the court, may recover on
behalf of the state, in addition to the criminal penalties provided herein
in this act, on behalf of the state, a civil penalty of not exceeding one
thousand dollars ($1,000) $1,000 per person for each violation. For pur-
poses of this section, a willful violation occurs when the person commit-
ting the violation knew or should have known that his the conduct of the
person consisted of acts or practices which were deceptive or misleading.

Sec. 26. K.S.A. 72-4936 is hereby amended to read as follows: 72-
4936. Any note or contract taken by any school, or its officers, directors,
agents, solicitors, or representatives, without having complied with the
provisions of this act, shall be null and void and any person who shall
have entered into a contract with such a school or its officers, directors,
agents, solicitors, or representatives shall be entitled to a full refund of
the money or consideration paid plus interest accruing from the date of
payment at the a rate of eight percent (8%) per annum from the date of
payment equal to the rate specified in K.S.A. 16-207, and amendments
thereto, together with other damages sustained by such student person.

Sec. 27. K.S.A. 72-4937 is hereby amended to read as follows: 72-
4937. Whenever any school negotiates any promissory instrument or note
received from a student or on behalf of a student as payment of tuition
or other charges fees charged by such school, any person or assignee or
holder to whom the instrument or note is assigned shall take such instru-
ments instrument or note subject to all defenses of any student which
would be available to that the student in an action on a simple contract
from whom or on behalf of whom the instrument or note was received.

Sec. 28. K.S.A. 72-4938 is hereby amended to read as follows: 72-
4938. Fees for certificates of approval and registration of representatives
shall be collected by the state board in accordance with the following
schedule:

(a) For schools domiciled or having their principal place of business
within the state of Kansas:

(1)Initial issuance of certificate of approval		$250.00 $800.00
(2)Renewal of certificate of approval, annual fee		200.00 300.00
(3)Initial registration of representative		25.00 50.00
(4)Annual renewal of registration of representative		15.00 25.00

(b) For schools domiciled or having their principal place of business
outside the state of Kansas:

(1)Initial issuance of certificate of approval		$700.00 $1500.00
(2)Renewal of certificate of approval, annual fee		600.00 750.00
(3)Initial registration of representative		70.00 100.00
(4)Annual renewal of registration of representative		50.00 75.00

Sec. 29. K.S.A. 72-4939 is hereby amended to read as follows: 72-
4939. Necessary and reasonable expense of (a) The state board incurred
in investigation or examination of any school applying for a certificate of
approval under this act shall be borne by such school and shall be paid
to the state board as a condition of and prior to the issuance of such
certificate. shall remit all moneys received pursuant to the provisions of
this act to the state treasurer. Upon receipt of each such remittance, the
state treasurer shall be deposited deposit the entire amount remitted in
the state treasury and credited shall credit the same to a special the pro-
prietary school fee fund to be used for the purpose of administering this
act. All expenditures from the proprietary school fee fund shall be made
in accordance with appropriations acts upon warrants of the director of
accounts and reports issued pursuant to vouchers approved by the state
board or by a person or persons designated by the state board.

(b) On or before the 10th of each month, the director of accounts and
reports shall transfer from the state general fund to the proprietary school
fee fund interest earnings based on: (1) The average daily balance of mon-
eys in the proprietary school fee fund for the preceding month; and (2)
the net earnings rate for the pooled money investment portfolio for the
preceding month.

Sec. 30. K.S.A. 72-4940 is hereby amended to read as follows: 72-
4940. If any clause, paragraph, subsection or sections section of this the
Kansas proprietary school act shall be held unconstitutional or invalid, it
shall be conclusively presumed that the legislature would have created
enacted the remainder of the act without such unconstitutional or invalid
clause, paragraph, subsection or sections section.

Sec. 31. K.S.A. 72-4917, 72-4918, 72-4919, 72-4920, 72-4921, 72-
4922, 72-4923, 72-4924, 72-4925, 72-4926, 72-4927, 72-4928, 72-4929,
72-4931, 72-4933, 72-4934, 72-4935, 72-4936, 72-4937, 72-4938, 72-
4939, 72-4940 and 72-5445 and K.S.A. 1997 Supp. 38-1502, 38-1502b,
38-1507, 38-1602, 38-1608, 38-1618, 72-4932, 72-89b02 and 72-89b03
are hereby repealed.

Sec. 32. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 13, 1998

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