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Minutes for SB421 - Committee on Education
Short Title
Enacting the safeguarding personal expression at K-12 schools act to authorize students and student clubs or organizations to engage in certain speech or expression at school and providing a civil cause of action for violations of the act.
Minutes Content for Wed, Feb 4, 2026
Chairman Erickson opened the hearing on SB421.
Tamera Lawrence, Assistant Revisor, Office of the Revisor of Statutes, gave a brief overview of the bill. (Attachment 18)
Brianne Vinson, Parent, gave testimony regarding her daughter's and her fellow classmates experience of censorship for expressing their religious and political views at Marshall Elementary School in Eureka. The Guidance Counselor gave the students an assignment called "Find Your Voice", which should have been an empowering exercise. Instead, it became a lesson in censorship. After meeting with the principal and counselor, they told the sixth-grade class to bring concerns to school officials first, not to their parents. Due to the constitutional violations, a federal discrimination complaints against the school with the DOJ and Department of Education. This isn't war on teachers, this is a call for accountability, transparency, and respect for families. This bill will protect future student's rights to express their political and religious viewpoints in the same manner as other students, while giving families legal recourse. Include with testimony is a copy of the complaint that was filed. (Attachment 19) (Attachment 20)
Brittany Jones, President of Kansas Family Voice, said this bill creates the "Safeguarding Personal Expression at K-12 Schools Act" protecting students' ability to engage in religious, political, and ideological expression in Kansas K-12 schools and creates a remedy if those rights are violated. According to current caselaw, schools may restrict student speech only if it materially and substantially disrupts school operations or infringes on the rights of others.(Attachment 21)
Lance Kinzer, Policy Director, 1st Amendment Partnership, is supportive of this bill in general, but while protections may seem like common sense, the challenges facing religious student clubs at public schools is a matter of long standing concern. By creating a clear standard, this bill promotes the important goal of pluralism, avoids needless litigation, and makes it certain that public school administrators cannot decide who is entitled to recognition as a student organization based upon which beliefs those administrators favor or disfavor. (Attachment 22)
Sara Beth Nolan, Legal Counsel, Alliance Defending Freedom, said students should be able to participate in their educational experience on the same terms as their classmates without fear of discrimination based on their constitutionally protected speech. This bill strengthens fairness rather than favoring a particular viewpoint or political perspective, protecting the First Amendment rights of all. It is important that students learn, from a young age, what respectful dialogue and debate look like. By protecting everyone's speech, we give schools a fresh start and hit the "reset button". (Attachment 23)
Proponent Written:
Lucrecia Nold, Public Policy Specialist, Kansas Catholic Conference (Attachment 24)
Opponent:
Laura Burchfield, Advocacy Director, Mainstream Coalition, gave three reasons to oppose this bill. The religious freedoms in this bill are already established which creates an undue burden on schools through the private cause of action and advances hyper-partisan agenda. Religious freedom should be used as a shield and not a sword for students, especially our most vulnerable students. (Attachment 25)
Leah Fliter, Assistant Executive Director of Advocacy, Kansas Association of School Boards, said this bill creates student and club rights that are not in step with current federal and state law and case law, so it is likely to result in lawsuits against districts that are attempting to follow federal and state law in good faith. The legislation does not differentiate between curricular and non-curricular groups and says that if any student-initiated group can meet, another cannot be denied that opportunity. (Attachment 26)
Timothy R. Graham, Director of Government Relations and Legislative Affairs, Kansas National Education Association, quoted two Resolutions from the Kansas NEA Book of Resolutions regarding rights and freedoms. They support student free speech and expression and say the bill restates what already exists in law. (Attachment 27)
Jim Karleskint, United School Administrators, reported the bill attempts to navigate the delicate balance between protecting student speech and maintaining a safe and orderly learning environment. Section (f) of the bill carves out exceptions, allowing schools to restrict expression that is unprotected by the First amendment, constitutes severe harassment, or "intentionally, materially and substantially disrupts the operations of the school." (Attachment 28)
Written Opponent:
Victoria Anderson, State Policy Specialist, American Atheists (Attachment 29)
Logan DeMond, Director of Policy and Research, American Civil Liberties Union of Kansas (Attachment 30)
Leslie D. Mark, Kansas Citizen (Attachment 31)
Vikki Mullins, President, Kansas PTA (Attachment 32)
Jay Simmons, Kansas Citizen (Attachment 33)
Dr. Brent Yeager, Superintendent, Olathe Public Schools USD 233 (Attachment 34)
Discussion followed.
Chairman Erickson closed the hearing on SB421.
The meeting was adjourned at 2:24 pm.
The next meeting of the Senate Education Committee will be February 5, 2026, 1:30 pm in Room 144-S with a presentation by Legislative Post Audit.
