Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor


February 15, 2023


The Honorable Kristey Williams, Chairperson
House Committee on K-12 Education Budget
300 SW 10th Avenue, Room 546-S
Topeka, Kansas 66612
Dear Representative Williams:
SUBJECT: Fiscal Note for HB 2382 by Committee on K-12 Education Budget
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2382 is
respectfully submitted to your committee.
HB 2382 would establish the School District Board of Education Member Free Speech and
Transparency Act. The bill would require school districts to publicly list current members and
associated email addresses on the district website. The Department of Education would also be
required to maintain a public database of all current members of the boards of education of all
school districts, and associated email addresses. The Department would be required to post the
database on the Department’s website.
The bill would require all records kept on any private email account or private electronic
device by a member of a local board of education concerning the business of the board be open
records available for public inspection in accordance with the Open Records Act.
In addition, the bill would provide that a member of a board of education would have the
authority to add or place new items for discussion on the board meeting agenda prior to any
meeting conducted by the board and at the beginning of any meeting that has commenced. No
member of a board of education of a school district would be allowed to restrict, limit, or prohibit
any other board member from engaging with questioning any person who presents public comment
or testimony during any board of education of the school district meeting. Each local board of
education meeting would be required to include a public comment portion, including meetings
held virtually. If any member of a local board of education were to request information regarding
the school district, the appropriate school district staff would be required to fulfill such request in
a timely manner.
The Honorable Kristey Williams, Chairperson
Page 2—HB 2382

Additionally, for any communication received by a member of a local board of education
intended to be a communication for the entire board, or that addresses the entire board, the
communication must be promptly disclosed to all members of the board. Finally, any policies
adopted by a local board of education that would contradict the bill would be null and void.
According to the Department of Education, any fiscal effect for local boards of education
would be negligible.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Craig Neuenswander, Department of Education


Statutes affected:
As introduced: 45-217