Volume 42 - Issue 50 - December 14, 2023
State of Kansas
Board of Education
Notice of Hearing on Proposed Administrative Regulations
The Kansas State Board of Education will conduct a public hearing at 1:30 p.m., or as soon thereafter as possible, Tuesday, March 12, 2024, in the Board Room of the Landon State Office Building, 900 SW Jackson Ave., Suite 102, Topeka, Kansas, to consider the adoption of proposed rules and regulations of the Kansas State Board of Education on a permanent basis.
This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed rules and regulations. All interested parties may submit written comments prior to the hearing to the Secretary of the Kansas State Board of Education at the below addresses or by email to dbremer@ksde.org. The address for the Kansas State Board of Education is Landon State Office Building, 900 SW Jackson Ave., Suite 102, Topeka, KS 66612. All interested parties will be given a reasonable opportunity to present their views orally regarding the adoption of the proposed regulations during the public hearing. In order to provide all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation to five minutes. The hearing shall be conducted in compliance with the public hearing procedures of the Kansas State Board of Education.
Any individual with a disability may request an accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statement in an accessible format. Requests for accommodation to participate in the hearing should be made at least five working days in advance of the hearing by contacting Wendy Fritz at 785-296-5363 (or TDD 785-296-8172) or by email to wfritz@ksde.org. The north entrance to the Landon State Office Building is accessible. Handicapped parking is located at the south end of the Landon State Office Building, across the street from the north entrance to the building, and on Ninth Street, just around the corner from the north entrance to the building.
A summary of the proposed regulations and their economic impact follows.
A copy of the proposed regulations and their economic impact statement may be obtained by contacting the Office of General Counsel at the address above prior to the date of the hearing or by email to gc@ksde.org.
K.A.R. 91-22-1a Denial of a license; grounds
The regulation is amended to comply with K.S.A. 74-120 by clarifying the specific criminal records and other specific conduct for which an application for a teaching license may be denied by the Kansas State Board of Education. The current regulation indicates a license may be denied “for misconduct or other just cause, including…” convictions for any felony, and any other crime involving theft, drugs,or involving a minor. That is clarified to only reference those crimes involving a child – other than the person applying for the license — under the age of 18 as an element or instrumentality of the crime. A conviction for Minor in Possession of Alcohol would not be considered, but contributing to the delinquency of a minor might be a basis to deny a license.
K.A.R. 91-22-1b Suspension, revocation, or public censure of a license; grounds
To comply with K.S.A. 74-120, the bases for suspension, revocation, or censure of a license is separated from those bases for which a license may be denied.
K.A.R. 91-22-2 Commission procedure
The regulation is amended to match the actual process used by the Professional Practices Commission.
K.A.R. 91-22-5a Complaints
The regulation is amended to remove grammatical problems and to remove requirements from a filed complaint such as including the person’s personal address in a public document. The amended regulation also allows voluntary surrenders to be taken directly to the State Board of Education for action rather than waiting for action by the Professional Practices Commission.
K.A.R. 91-22-9 Answer; time to file; form content; right to amend
The regulation is amended to allow unanswered complaints to proceed directly to the State Board of Education for action rather than waiting for action by the Professional Practices Commission.
K.A.R. 91-22-22 Hearing Procedure
The regulation is amended to clarify circumstances in which these regulations conflict with the Kansas Administrative Procedures Act. These regulations govern the procedures of the Professional Practices Commission. Other amendments are for grammatical corrections.
K.A.R. 91-22-25 Decision of the commission; review by state board
The regulation is amended to limit the Professional Practices Commission’s authority to dismiss a complaint to only those complaints which allege a breach of contract.
The Kansas State Board of Education does not anticipate any significant financial or economic impact to this agency, other state agencies, or to the public as a result of these regulations.
Dr. Randy Watson
Commissioner of Education
Department of Education
Doc. No. 051714
