Kansas SB 134: Adding members to the commission on peace officers' standards and training and requiring the new members to be appointed with a preference to increase diversity.

Bill Text

Session of 2025
SENATE BILL No. 134
By Committee on Education
1-30
AN ACT concerning education; relating to employment files of teachers
employed by a school district; authorizing school districts to request
and receive an applicant teacher's employment files from another
school district if such teacher was previously employed by such other
school district; establishing which school district is responsible for and
the custodian of teacher employment files under the Kansas open
records act; amending K.S.A. 2024 Supp. 45-220 and repealing the
existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) (1) A hiring school district shall require each
teacher who applies for a teaching position in such school district and is or
has been employed as a teacher by another school district to execute a
written waiver that:
(A) Explicitly authorizes each school district to disclose the applicant
teacher's files to the hiring school district if such school district has:
(i) Employed the applicant teacher as a teacher;
(ii) received an application from the applicant for a position as a
teacher; or
(iii) conducted an employment background investigation on the
applicant teacher; and
(B) releases the hiring school district from any liability related to the
use and disclosure of the applicant teacher's files in accordance with
subparagraph (A).
(2) An applicant teacher who refuses to execute the written waiver
shall not be considered for employment by the hiring school district.
(3) When submitting a request for an applicant teacher's files to
another school district, the hiring school district shall include the signed,
written waiver with each such request.
(b) Except as provided in subsection (c), a school district that receives
a request for an applicant teacher's files that includes the written waiver
required in subsection (a) shall disclose such applicant teacher's files to the
hiring school district not more than 21 days after receipt of such request.
Such school district may disclose the applicant teacher's files by either:
(1) Providing paper or electronic copies to the hiring school district;
or
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SB 134 2
(2) allowing the hiring school district representatives to review the
files at the school district's office.
(c) (1) A school district shall not disclose an applicant teacher's files
pursuant to subsection (b) if such school district is prohibited from
providing the applicant teacher's files pursuant to a binding nondisclosure
agreement to which such school district is a party, and such agreement was
executed before July 1, 2025.
(2) A school district shall disclose the applicant teacher's files
pursuant to subsection (b) if such files are subject to a binding
nondisclosure agreement to which such school district is a party, and such
agreement was executed on or after July 1, 2025, except that the disclosure
shall be limited to the files necessary to determine the qualifications and
fitness of the applicant teacher in the performance of such applicant
teacher's duties as a teacher.
(3) A school district may redact personally identifiable information of
individuals other than the applicant teacher in the files disclosed to the
hiring school district.
(d) A school district shall be immune from civil suits relating to
disclosure or lack thereof if the school district acted in good faith in
complying with this section or participated in an official oral interview
with a hiring school district representative regarding the applicant teacher.
(e) (1) Except as provided in this subsection or as necessary for a
school district's internal hiring process, files obtained pursuant to this
section shall not be disclosed by a hiring school district.
(2) Files obtained pursuant to this section shall constitute, for the
purposes of the Kansas open records act, K.S.A. 45-215 et seq., and
amendments thereto, a record of the school district that made, maintained
or kept such files. Such files shall not be subject to request for inspection
and copying under the Kansas open records act directed toward the hiring
school district obtaining the files. The official custodian of such files, for
the purposes of the Kansas open records act, shall be the official custodian
of the records of such school district.
(3) Except in a civil action involving negligent hiring, the files shall
not be subject to discovery, subpoena or other process directed toward the
hiring school district that obtained such files.
(f) As used in this section:
(1) (A) "Files" means:
(i) All performance reviews or other files related to job performance,
commendations, administrative files, grievances, previous personnel
applications, personnel-related claims, disciplinary actions, internal
investigation files, suspensions, investigation-related leave, documents
concerning termination or other departure from employment and all
complaints; a