SESSION OF 2024
SUPPLEMENTAL NOTE ON SUBSTITUTE FOR HOUSE
BILL NO. 2494
As Amended by House Committee of the Whole
Brief*
Sub. for HB 2494, as amended, would require school
districts to adopt cardiac emergency response plans based
on the statewide standards developed by the Secretary of
Health and Environment (Secretary), require automated
external defibrillators (AEDs) to be accessible in each school
district building, and require cardiopulmonary resuscitation
(CPR) and AED training for each coach, sponsor, assistant,
or aide of any school activity, and any other school district
personnel designated under the bill.
The bill would also establish the School Cardiac
Emergency Response Grant Program (Program) and create
the School Cardiac Emergency Response Grant Fund
(Fund).
The bill would take effect on and after January 1, 2025.
Cardiac Emergency Response Plans (Sections 1, 2, and
3)
Statewide Standards
The bill would require the Secretary to develop
statewide standards for cardiac emergency response plans in
accordance with nationally recognized guidelines.
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
School District Cardiac Emergency Response Plans
The bill would require the board of education of each
school district to adopt a comprehensive cardiac emergency
response plan based on the statewide standards developed
by the Secretary. Each board of education would be permitted
to use any materials, documentation, video recordings,
training modules, and certifications published by
organizations focused on emergency cardiovascular care.
The cardiac emergency response plan would be
required to include at least the following:
● Establishing a cardiac emergency response team;
● Identifying and implementing the placement of
AEDs;
● Identifying roles and responsibilities of school
district and emergency personnel in implementing
the emergency response plan;
● Establishing procedures, such as the roles and
responsibilities of school district personnel when
responding to emergency cardiovascular incidents
at school or at the site of any school-sponsored
activity, that would include, but not be limited to:
○ Responding to individuals experiencing a
suspected sudden cardiac arrest;
○ Summoning emergency medical services
(EMS);
○ Assisting EMS providers; and
○ Documenting actions taken during such
incident;
● Conducting routine maintenance and placement of
AEDs in accordance with statewide standards;
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● Rehearsing cardiac emergency response plans
either prior to the beginning of each athletic season
or prior to the beginning of each school year;
● Establishing communication systems with local
EMS operating within the school district; and
● Developing a cardiac emergency response plan for
school-sponsored events held at a location that is
not on school district property.
In accordance with the cardiac emergency response
plan, each school district would be required to maintain an
AED in a public and readily accessible location in each school
district building used for student attendance purposes. The
location of each AED would be required to be marked by
conspicuous signage.
Reviewing Cardiac Emergency Response Plans
Each board of education would be required to annually
review the cardiac emergency response plan and adopt any
changes to such plan as necessary.
The bill would also require a school building
administrator review the cardiac emergency response plan
with all school personnel at each school operated by the
school district prior to the first instructional day of each school
year. The time and date of such review would be documented
as part of the plan. After the last instructional day of each
school year, the cardiac emergency response plan would be
reviewed by all school building administrators, school nurses,
and appropriate local law enforcement officers and EMS
personnel.
Submitting Cardiac Emergency Response Plans
Each school district would be required to submit a copy
of the adopted cardiac emergency response plan and, if
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changes are made to such plan, a copy of the amended plan
to the Secretary. Additionally, each school district would be
required to provide a copy of its cardiac emergency response
plan to the appropriate local law enforcement agencies, EMS,
and all school district personnel.
Implementing Cardiac Emergency Response Plans
The bill would require each board of education to
implement the adopted cardiac emergency response plan as
the school district has sufficient unencumbered funds
available to implement such plan. Should sufficient
unencumbered funds not be available, the bill would permit a
cardiac emergency response plan to be partially implemented
as funds are available and deemed necessary by the district’s
board of education.
CPR and AED Training (Section 2)
The bill would require the following personnel to receive
training in CPR and AED administration in accordance with
the school district’s cardiac emergency response plan:
● Coaches, including any head coach, assistant
coach, or aide;
● Sponsors, including the head sponsor, assistant, or
aide of any school activity; and
● School district personnel designated in the cardiac
emergency response plan.
CPR and AED training would be reviewed and modified
as necessary in accordance with the school district’s cardiac
emergency response plan.
Further, the bill would require at least one individual with
CPR and AED training to be physically present in the school
district building when any school-sponsored athletic practice
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or competition or other school-sponsored activity occurs in
such school district building and have access to an AED and
first-aid supplies. The bill would require notice of such
individual’s presence in the building to be provided to the
coach, sponsor, or other coordinator of such practice,
competition, or other activity as required by the cardiac
emergency response plan.
Good Samaritan Protection (Section 2)
The bill provides that any person who in good faith
renders emergency care or treatment or who provides
training as required by the provisions of the bill would not be
held liable for any damages.
The School Cardiac Emergency Response Grant
Program (Section 4)
The bill would establish the Program to be administered
by the Kansas Department of Health and Environment
(KDHE). Each school district would be able to submit an
application to the Secretary in such form and manner
prescribed by the Secretary for an amount of grant moneys
needed to implement such school district’s cardiac
emergency response plan. Each grant application would be
required to include the following:
● A copy of the current school district cardiac
emergency response plan;
● All policies and procedures adopted for the
implementation of such cardiac emergency
response plan; and
● A description of the school improvements
necessary for such implementation.
The Secretary would review all submitted applications
and approve or deny such applications based on whether the
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applicant school district demonstrated the necessity of the
school improvements described in the application. If
approved, the Secretary would also determine the amount of
moneys to be disbursed to the applicant school district from
the Fund. If denied, the Secretary would send written notice
of such denial to the superintendent of the school district
within 15 days of the denial.
The School Cardiac Emergency Response Grant Fund
(Section 4)
The bill would establish, in the State Treasury, the Fund
to be administered by KDHE. All expenditures from the Fund
would be required to be used for the disbursement of grant
moneys for school improvements related to cardiac
emergency response plans.
The Fund would be subject to appropriation.
Background
The bill was introduced in the House Committee on
Education at the request of Representative Thomas.
House Committee on Education
In the House Committee hearing, proponent testimony
was provided by Senator Warren, representatives of the
American Heart Association and Children’s Mercy, and four
private citizens. Proponents emphasized the importance of
having cardiac emergency response plans and AEDs
available at schools and school-sponsored events.
Written-only proponent testimony was provided by the
Kansas EMS Association.
Neutral testimony was provided by representatives of
the Kansas Association of School Boards, Kansas National
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Education Association, Kansas State Board of Education, and
United School Administrators of Kansas. The conferees
generally stated concerns about the provisions related to safe
and secure schools and requiring the Kansas State Board of
Education to develop statewide standards for cardiac
emergency response plans.
Written-only neutral testimony was provided by a
representative of the Kansas State High School Activities
Association.
No other testimony was provided.
The House Committee amended the bill to:
● Remove provisions pertaining to school safety and
security plans and the School Safety and Security
Grant Fund;
● Require the Secretary to develop statewide
standards for cardiac emergency response plans
and review each school district’s plan [Note: The
bill as introduced would have required the State
Board of Education to develop statewide
standards.];
● Clarify requirements related to each school
district’s development and implementation of
cardiac emergency response plans; and
● Exempt from liability for any damages any person
who in good faith renders emergency care or
treatment or provides training in accordance with
the provisions of the bill.
The House Committee recommended a substitute bill to
incorporate the amendments.
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House Committee of the Whole
The House Committee of the Whole amended the bill to:
● Modify the requirements pertaining to the
frequency at which CPR and AED training must be
conducted, reviewed, and modified;
● Require at least one individual with CPR and AED
training to be physically present in the school
district building and have access to an AED and
first-aid supplies when any school-sponsored
athletic practice or competition or other school-
sponsored activity occurs in such school district
building; and
● Require notice to be provided to the coach,
sponsor, or other coordinator of such practice,
competition, or other activity as required by the
cardiac emergency response plan that an
individual with CPR and AED training is present in
the building.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Kansas Department
of Education (KSDE) indicates it has administered a similar
program to the School Safety and Security Grant Program
since FY 2019 with annual grants to school districts totaling
$5.0 million. For FY 2025, the Governor recommends the
program continue with a $5.0 million appropriation from the
State General Fund (SGF). KSDE has 2.00 FTE positions for
this existing grant program, with expenditures totaling
approximately $170,000 from the SGF, for salaries and
wages, including benefits, of these positions. KSDE would
utilize these same sources of funding for the School Safety
and Security Grant Program outlined in the bill.
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For the School Cardiac Emergency Response Program,
KSDE indicates that it does not currently have any staff with
expertise in cardiac emergency response. As a result, the
agency estimates it would require an additional 2.00 FTE
positions and $170,000 from the State General Fund in FY
2025. A similar cost estimate was provided by the agency for
FY 2026. These staff members would coordinate with various
state and local agencies for the creation and maintenance of
cardiac emergency response plans that are required to be
adopted by school districts. Costs for FY 2026 would be
similar to those identified by KSDE in FY 2025.
KDHE estimates that to administer its grant program and
to provide quality technical assistance, FY 2025
administrative expenses totaling $692,676 would be required,
including 9.00 FTE positions. This estimate includes 1.00
FTE Program Manager ($88,637, including fringe benefits),
1.00 FTE Grant Manager ($69,493, including fringe benefits),
and 7.00 FTE Regional Implementation Specialists ($46,996
X 7.00 FTE = $328,972, including fringe benefits). The new
program would require one-time expenditures of $19,500,
including $5,500 for AED training devices and $14,000 for two
medical manikins. The agency estimates that annual travel
costs of $164,500 would be required for the program staff.
Finally, annual information technology expenditures totaling
$21,574 would be needed, including software, laptop leases,
docking stations, and cell phones.
In addition, KDHE estimates that $1,253,243 would be
required annually for grants to school districts. The agency
would propose a regional implementation over a multiyear
period, with priority given to smaller districts in rural counties
with limited access to emergency and hospital services. The
cost per school would be dependent on school district size
and any identified needs. The agency estimates that a
minimum of $10,000 per school with approximately 50 to 100
schools per year over a multiyear period would be the
regional implementation approach used for the program.
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In total, the cost for FY 2025 for KDHE would be
$1,945,919, including $692,676 for administrative costs and
$1,253,243 for grant awards to school districts, all from the
SGF. Of these total costs, $19,500 would be for one-time
costs, including AED training devices and manikins. The
Division of the Budget estimates similar costs for FY 2026,
minus the one-time FY 2025 expenditure of $19,500 identified
earlier.
A revised fiscal note on the substitute bill was not
available at the time of House Committee action. Any fiscal
effect associated with the bill is not reflected in The FY 2025
Governor’s Budget Report.
Education; School Cardiac Emergency Response Grant Program; School Cardiac
Emergency Response Grant Fund; Kansas Department of Health and Environment;
Secretary of Health and Environment; school districts; board of education; AED; CPR
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