72-1397.Restrictions on issuance and renewal oflicenses; hearings upon denial; reports required of county and districtattorneys.(a) The state board of education shall not knowingly issue alicense to or renew thelicense of any person who has been convicted of:
(1) Rape, as defined in K.S.A. 21-3502, and amendments thereto;
(2) indecent liberties with a child, as defined in K.S.A. 21-3503, andamendments thereto;
(3) aggravated indecent liberties with a child, as defined in K.S.A. 21-3504,andamendments thereto;
(4) criminal sodomy, as defined in subsection (a)(2) or (a)(3) of K.S.A.21-3505, andamendments thereto;
(5) aggravated criminal sodomy, as defined in K.S.A. 21-3506, and amendmentsthereto;
(6) indecent solicitation of a child, as defined in K.S.A. 21-3510, andamendments thereto;
(7) aggravated indecent solicitation of a child, as defined in K.S.A.21-3511,andamendments thereto;
(8) sexual exploitation of a child, as defined in K.S.A. 21-3516, andamendments thereto;
(9) aggravated incest, as defined in K.S.A. 21-3603, and amendments thereto;
(10) aggravated endangering a child, as defined in K.S.A. 21-3608a, andamendmentsthereto;
(11) abuse of a child, as defined in K.S.A. 21-3609, and amendments thereto;
(12) capital murder, as defined in K.S.A. 21-3439, and amendments thereto;
(13) murder in the first degree, as defined in K.S.A. 21-3401, and amendmentsthereto;
(14) murder in the second degree, as defined in K.S.A. 21-3402, andamendmentsthereto;
(15) voluntary manslaughter, as defined in K.S.A. 21-3403, and amendmentsthereto;
(16) involuntary manslaughter, as defined in K.S.A. 21-3404, and amendmentsthereto;
(17) involuntary manslaughter while driving under the influence of alcohol ordrugs, asdefined in K.S.A. 21-3442, and amendments thereto;
(18) sexual battery, as defined in K.S.A. 21-3517, and amendments thereto,when, at the time the crime wascommitted,thevictim was less than 18 years of ageor a student of the personcommitting such crime;
(19) aggravated sexual battery, as defined in K.S.A. 21-3518, and amendmentsthereto;
(20) attempt under K.S.A. 21-3301, and amendments thereto, to commit any actspecifiedin this subsection;
(21) conspiracy under K.S.A. 21-3302, and amendments thereto, to commit anyactspecified in this subsection;
(22) an act in another state or by the federal government that is comparableto any actdescribed in this subsection; or
(23) an offense in effect at any time prior to the effective date of thisact that iscomparable to an offense as provided in this subsection.
(b) Except as provided in subsection (c), the state board of education shallnot knowingly issue a license to or renew thelicense of any person whohas been convicted of, or has entered into a criminal diversion agreementafter having been charged with:
(1) A felony underK.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendments thereto;
(2) a felony described in any section of article 34 of chapter 21 of theKansas StatutesAnnotated, other than an act specified in subsection (a), or a battery, asdescribed in K.S.A. 21-3412, and amendments thereto,or domesticbattery, as described in K.S.A. 21-3412a, and amendments thereto, if the victimis a minor orstudent;
(3) a felony described in any section of article 35 of chapter 21 of theKansas Statutes Annotated, other than an act specified in subsection (a);
(4) any act described in any section of article 36 of chapter 21 of theKansas StatutesAnnotated, other than an act specified in subsection (a);
(5) a felony described in article 37 of chapter 21 of the Kansas StatutesAnnotated;
(6) promoting obscenity, as described in K.S.A. 21-4301, and amendmentsthereto,promoting obscenity to minors, as described in K.S.A. 21-4301a, and amendmentsthereto, orpromoting to minors obscenity harmful to minors, as described in K.S.A.21-4301c, andamendments thereto;
(7) endangering a child, as defined in K.S.A. 21-3608, and amendmentsthereto;
(8) driving under the influence of alcohol or drugs in violation of K.S.A.8-1567 or8-2,144, and amendments thereto, when the violation is punishable as a felony;
(9) attempt under K.S.A. 21-3301, and amendments thereto, to commit any actspecifiedin this subsection;
(10) conspiracy under K.S.A. 21-3302, and amendments thereto, to commit anyactspecified in this subsection; or
(11) an actcommitted in violation of a federal law or inviolation of another state's lawthat is comparableto any actdescribed in this subsection.
(c) The state board of education may issue alicense to or renew thelicense of a person who has been convicted ofcommitting an offense or actdescribed insubsection (b) or who has entered into a criminal diversion agreement afterhaving been charged with an offense or act described in subsection (b) if thestate board determines, following a hearing, that theperson has been rehabilitated for a period of at least five years from the dateof conviction of the offense or commission of the act or, in the case of aperson who has entered into a criminal diversion agreement, that the person hassatisfied the terms and conditions of the agreement.The state board ofeducation may consider factors including, but not limited to, the following indetermining whether to grant a license:
(1) The nature and seriousness of the offense or act;
(2) the conduct of the person subsequent to commission of the offense oract;
(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 license is denied by the state boardof education for anyof the offenses or acts specified in subsections (a) and (b), the person shallbe given notice and an opportunity for a hearing in accordance with theprovisions of the Kansas administrative procedure act.
(e) The county or district attorney shall file a report with thestate board of education indicating the name, address and social securitynumber of any person who has been determined to have committed any offense oract specified in subsection (a) or (b) or to have entered into a criminaldiversion agreement after having been charged with any offense or act specifiedin subsection (b). Such report shall be filed within 30days of the date of the determination that the person has committed any suchact or entered into any such diversion agreement.
(f) The state board of education shall not be liable for civil damages toany person refused issuance or renewal of a licenseby reason of the stateboard's compliance, in good faith, with the provisions of this section.
72-1397.Restrictions on issuance and renewal oflicenses; hearings upon denial; reports required of county and districtattorneys.(a) The state board of education shall not knowingly issue alicense to or renew thelicense of any person who has been convicted of:
(1) Rape, as defined in K.S.A. 21-3502, and amendments thereto;
(2) indecent liberties with a child, as defined in K.S.A. 21-3503, andamendments thereto;
(3) aggravated indecent liberties with a child, as defined in K.S.A. 21-3504,andamendments thereto;
(4) criminal sodomy, as defined in subsection (a)(2) or (a)(3) of K.S.A.21-3505, andamendments thereto;
(5) aggravated criminal sodomy, as defined in K.S.A. 21-3506, and amendmentsthereto;
(6) indecent solicitation of a child, as defined in K.S.A. 21-3510, andamendments thereto;
(7) aggravated indecent solicitation of a child, as defined in K.S.A.21-3511,andamendments thereto;
(8) sexual exploitation of a child, as defined in K.S.A. 21-3516, andamendments thereto;
(9) aggravated incest, as defined in K.S.A. 21-3603, and amendments thereto;
(10) aggravated endangering a child, as defined in K.S.A. 21-3608a, andamendmentsthereto;
(11) abuse of a child, as defined in K.S.A. 21-3609, and amendments thereto;
(12) capital murder, as defined in K.S.A. 21-3439, and amendments thereto;
(13) murder in the first degree, as defined in K.S.A. 21-3401, and amendmentsthereto;
(14) murder in the second degree, as defined in K.S.A. 21-3402, andamendmentsthereto;
(15) voluntary manslaughter, as defined in K.S.A. 21-3403, and amendmentsthereto;
(16) involuntary manslaughter, as defined in K.S.A. 21-3404, and amendmentsthereto;
(17) involuntary manslaughter while driving under the influence of alcohol ordrugs, asdefined in K.S.A. 21-3442, and amendments thereto;
(18) sexual battery, as defined in K.S.A. 21-3517, and amendments thereto,when, at the time the crime wascommitted,thevictim was less than 18 years of ageor a student of the personcommitting such crime;
(19) aggravated sexual battery, as defined in K.S.A. 21-3518, and amendmentsthereto;
(20) attempt under K.S.A. 21-3301, and amendments thereto, to commit any actspecifiedin this subsection;
(21) conspiracy under K.S.A. 21-3302, and amendments thereto, to commit anyactspecified in this subsection;
(22) an act in another state or by the federal government that is comparableto any actdescribed in this subsection; or
(23) an offense in effect at any time prior to the effective date of thisact that iscomparable to an offense as provided in this subsection.
(b) Except as provided in subsection (c), the state board of education shallnot knowingly issue a license to or renew thelicense of any person whohas been convicted of, or has entered into a criminal diversion agreementafter having been charged with:
(1) A felony underK.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendments thereto;
(2) a felony described in any section of article 34 of chapter 21 of theKansas StatutesAnnotated, other than an act specified in subsection (a), or a battery, asdescribed in K.S.A. 21-3412, and amendments thereto,or domesticbattery, as described in K.S.A. 21-3412a, and amendments thereto, if the victimis a minor orstudent;
(3) a felony described in any section of article 35 of chapter 21 of theKansas Statutes Annotated, other than an act specified in subsection (a);
(4) any act described in any section of article 36 of chapter 21 of theKansas StatutesAnnotated, other than an act specified in subsection (a);
(5) a felony described in article 37 of chapter 21 of the Kansas StatutesAnnotated;
(6) promoting obscenity, as described in K.S.A. 21-4301, and amendmentsthereto,promoting obscenity to minors, as described in K.S.A. 21-4301a, and amendmentsthereto, orpromoting to minors obscenity harmful to minors, as described in K.S.A.21-4301c, andamendments thereto;
(7) endangering a child, as defined in K.S.A. 21-3608, and amendmentsthereto;
(8) driving under the influence of alcohol or drugs in violation of K.S.A.8-1567 or8-2,144, and amendments thereto, when the violation is punishable as a felony;
(9) attempt under K.S.A. 21-3301, and amendments thereto, to commit any actspecifiedin this subsection;
(10) conspiracy under K.S.A. 21-3302, and amendments thereto, to commit anyactspecified in this subsection; or
(11) an actcommitted in violation of a federal law or inviolation of another state's lawthat is comparableto any actdescribed in this subsection.
(c) The state board of education may issue alicense to or renew thelicense of a person who has been convicted ofcommitting an offense or actdescribed insubsection (b) or who has entered into a criminal diversion agreement afterhaving been charged with an offense or act described in subsection (b) if thestate board determines, following a hearing, that theperson has been rehabilitated for a period of at least five years from the dateof conviction of the offense or commission of the act or, in the case of aperson who has entered into a criminal diversion agreement, that the person hassatisfied the terms and conditions of the agreement.The state board ofeducation may consider factors including, but not limited to, the following indetermining whether to grant a license:
(1) The nature and seriousness of the offense or act;
(2) the conduct of the person subsequent to commission of the offense oract;
(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 license is denied by the state boardof education for anyof the offenses or acts specified in subsections (a) and (b), the person shallbe given notice and an opportunity for a hearing in accordance with theprovisions of the Kansas administrative procedure act.
(e) The county or district attorney shall file a report with thestate board of education indicating the name, address and social securitynumber of any person who has been determined to have committed any offense oract specified in subsection (a) or (b) or to have entered into a criminaldiversion agreement after having been charged with any offense or act specifiedin subsection (b). Such report shall be filed within 30days of the date of the determination that the person has committed any suchact or entered into any such diversion agreement.
(f) The state board of education shall not be liable for civil damages toany person refused issuance or renewal of a licenseby reason of the stateboard's compliance, in good faith, with the provisions of this section.
72-1397.Restrictions on issuance and renewal oflicenses; hearings upon denial; reports required of county and districtattorneys.(a) The state board of education shall not knowingly issue alicense to or renew thelicense of any person who has been convicted of:
(1) Rape, as defined in K.S.A. 21-3502, and amendments thereto;
(2) indecent liberties with a child, as defined in K.S.A. 21-3503, andamendments thereto;
(3) aggravated indecent liberties with a child, as defined in K.S.A. 21-3504,andamendments thereto;
(4) criminal sodomy, as defined in subsection (a)(2) or (a)(3) of K.S.A.21-3505, andamendments thereto;
(5) aggravated criminal sodomy, as defined in K.S.A. 21-3506, and amendmentsthereto;
(6) indecent solicitation of a child, as defined in K.S.A. 21-3510, andamendments thereto;
(7) aggravated indecent solicitation of a child, as defined in K.S.A.21-3511,andamendments thereto;
(8) sexual exploitation of a child, as defined in K.S.A. 21-3516, andamendments thereto;
(9) aggravated incest, as defined in K.S.A. 21-3603, and amendments thereto;
(10) aggravated endangering a child, as defined in K.S.A. 21-3608a, andamendmentsthereto;
(11) abuse of a child, as defined in K.S.A. 21-3609, and amendments thereto;
(12) capital murder, as defined in K.S.A. 21-3439, and amendments thereto;
(13) murder in the first degree, as defined in K.S.A. 21-3401, and amendmentsthereto;
(14) murder in the second degree, as defined in K.S.A. 21-3402, andamendmentsthereto;
(15) voluntary manslaughter, as defined in K.S.A. 21-3403, and amendmentsthereto;
(16) involuntary manslaughter, as defined in K.S.A. 21-3404, and amendmentsthereto;
(17) involuntary manslaughter while driving under the influence of alcohol ordrugs, asdefined in K.S.A. 21-3442, and amendments thereto;
(18) sexual battery, as defined in K.S.A. 21-3517, and amendments thereto,when, at the time the crime wascommitted,thevictim was less than 18 years of ageor a student of the personcommitting such crime;
(19) aggravated sexual battery, as defined in K.S.A. 21-3518, and amendmentsthereto;
(20) attempt under K.S.A. 21-3301, and amendments thereto, to commit any actspecifiedin this subsection;
(21) conspiracy under K.S.A. 21-3302, and amendments thereto, to commit anyactspecified in this subsection;
(22) an act in another state or by the federal government that is comparableto any actdescribed in this subsection; or
(23) an offense in effect at any time prior to the effective date of thisact that iscomparable to an offense as provided in this subsection.
(b) Except as provided in subsection (c), the state board of education shallnot knowingly issue a license to or renew thelicense of any person whohas been convicted of, or has entered into a criminal diversion agreementafter having been charged with:
(1) A felony underK.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendments thereto;
(2) a felony described in any section of article 34 of chapter 21 of theKansas StatutesAnnotated, other than an act specified in subsection (a), or a battery, asdescribed in K.S.A. 21-3412, and amendments thereto,or domesticbattery, as described in K.S.A. 21-3412a, and amendments thereto, if the victimis a minor orstudent;
(3) a felony described in any section of article 35 of chapter 21 of theKansas Statutes Annotated, other than an act specified in subsection (a);
(4) any act described in any section of article 36 of chapter 21 of theKansas StatutesAnnotated, other than an act specified in subsection (a);
(5) a felony described in article 37 of chapter 21 of the Kansas StatutesAnnotated;
(6) promoting obscenity, as described in K.S.A. 21-4301, and amendmentsthereto,promoting obscenity to minors, as described in K.S.A. 21-4301a, and amendmentsthereto, orpromoting to minors obscenity harmful to minors, as described in K.S.A.21-4301c, andamendments thereto;
(7) endangering a child, as defined in K.S.A. 21-3608, and amendmentsthereto;
(8) driving under the influence of alcohol or drugs in violation of K.S.A.8-1567 or8-2,144, and amendments thereto, when the violation is punishable as a felony;
(9) attempt under K.S.A. 21-3301, and amendments thereto, to commit any actspecifiedin this subsection;
(10) conspiracy under K.S.A. 21-3302, and amendments thereto, to commit anyactspecified in this subsection; or
(11) an actcommitted in violation of a federal law or inviolation of another state's lawthat is comparableto any actdescribed in this subsection.
(c) The state board of education may issue alicense to or renew thelicense of a person who has been convicted ofcommitting an offense or actdescribed insubsection (b) or who has entered into a criminal diversion agreement afterhaving been charged with an offense or act described in subsection (b) if thestate board determines, following a hearing, that theperson has been rehabilitated for a period of at least five years from the dateof conviction of the offense or commission of the act or, in the case of aperson who has entered into a criminal diversion agreement, that the person hassatisfied the terms and conditions of the agreement.The state board ofeducation may consider factors including, but not limited to, the following indetermining whether to grant a license:
(1) The nature and seriousness of the offense or act;
(2) the conduct of the person subsequent to commission of the offense oract;
(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 license is denied by the state boardof education for anyof the offenses or acts specified in subsections (a) and (b), the person shallbe given notice and an opportunity for a hearing in accordance with theprovisions of the Kansas administrative procedure act.
(e) The county or district attorney shall file a report with thestate board of education indicating the name, address and social securitynumber of any person who has been determined to have committed any offense oract specified in subsection (a) or (b) or to have entered into a criminaldiversion agreement after having been charged with any offense or act specifiedin subsection (b). Such report shall be filed within 30days of the date of the determination that the person has committed any suchact or entered into any such diversion agreement.
(f) The state board of education shall not be liable for civil damages toany person refused issuance or renewal of a licenseby reason of the stateboard's compliance, in good faith, with the provisions of this section.
