Legally Speaking
by Marjie Blaufuss, KNEA Staff Attorney
Frequently Asked Questions AboutKansas School Safety Laws -- the updated version can be found here. Find it in the "Legal/Kansas Education Statutes" file. KNEA Members: get a password from you UniServ director to enter this area.
Historically, school safety and security has been the primary responsibility of the local school district. The Kansas Legislature's only venture into the area consisted of enactment of the Suspension and Expulsion Act. A number of highly publicized school shootings in recent years, however, has lead to action on the part of both the federal and state governments.
Gun Free Schools Act of 1994
This federal act requires every state receiving federal educational funds to expel for not less than one year any student who brings a firearm or explosive device to school. The act provides an exception when the expulsion would conflict with the special education laws. It also provides that the state must allow the superintendent to modify the expulsion on a case-by-case basis.
Weapons Free Schools Act
The Kansas Legislature complied with the federal mandate by adopting this Act in 1995. The 1999 Legislature expanded the definition of "weapon" to include a bludgeon, sandclub, metal knuckles, throwing star and switchblade.
The Legislature also eliminated an exemption for rifles that the "owner intends to use solely for sporting, recreational, or cultural purposes" because most school shootings that had taken place involved such a weapon.
Suspension and Expulsion Act
Several amendments have been made to this Act in response to the school safety issues. In 1995, the legislature changed this law to provide that no other school district is required to accept a student who has been suspended or expelled even when the student changes residence.
The 1999 legislature increased the maximum length a student can be excluded from school during a "short-term" suspension from five-to-10 school days if the student:
- carries a weapon to school or to a school activity;
- knowingly possesses, sells or uses illegal drugs while at school or a school activity; o;
- has engaged in behavior that resulted in injury to the student or others.
A short-term suspension remains defined as not more than five days in all other cases.
When a student who is 13 years or older is given a long-term suspension or expelled for a reason listed above, the superintendent must notify the division of motor vehicles in writing within three school days. The student's driver's license is then suspended or revoked for one year.
School Safety and Security Act - 1995
This Act requires teachers to report to the superintendent if they know that any pupil attending school has been expelled from some other district within the previous year for:
- conduct that endangers the safety of others;
- committing a felony;
- possessing a weapon at school; or
- being adjudged a juvenile offender for an offense that would be a felony if committed by an adult (even if the pupil was not expelled).
If the information is confirmed, the student's identity MUST be made known to all school employees providing school-related services to the pupil.
School districts are required to report any felony or misdemeanor crimes, including possessing any weapon on school property, to the appropriate law enforcement agency on behalf of any school employee who knows of such an infraction. While a knowing failure to make these reports is a misdemeanor, teachers, administrators, and board members are exempt from civil liability for complying with the Act in good faith.
Special Education and School Discipline/Safety
As it was initially enacted, the Individuals with Disabilities Education Act (IDEA) required a special education student's placement be maintained during the period in which a change was being considered. This "stay-put"provision greatly restricted the ability of a school district to remove a special education student who might be disruptive or a danger to others.
The revised IDEA regulations allow school districts to more easily discipline special education students. The Individual Education Plan (IEP) team may be reconvened if the discipline plan set out in the IEP is not effective. The special education student remains in the current placement during any review, but exceptions to the rule now exist.
If a special education student violates a school rule or code of behavior, a school may discipline the special education student in the same manner and extent that it disciplines any other student if the student's behavior is not a manifestation of his disability. When the behavior is a manifestation of the child's disability, the school now has more discretion in changing the student's placement.
School personnel may order a special education student suspended for up to 10 days at a time to the same extent that it would a child without disabilities. Although the district must continue to provide services to a disabled student suspended for more than 10 school days in one school year, the student may not be in the classroom.
If the student infraction involves weapons or drugs at school, the district can change the child's placement for up to 45 days pending any change of placement procedures.
Criminal Statutes
Teachers may report crimes, such as assault or battery, to local law enforcement. The IDEA makes clear that there is nothing that prohibits a school from reporting a crime committed by a child with a disability to the appropriate law enforcement authorities.
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