UPDATED
SESSION OF 2019
SUPPLEMENTAL NOTE ON SUBSTITUTE FOR HOUSE
BILL NO. 2354
As Recommended by House Committee on
Commerce, Labor and Economic Development

Brief*
Sub. for HB 2354 would broaden the concept of school-
sponsored activity, as it pertains to insurance coverage, to
include secondary students’ participation in an employer’s
“work-based learning program,” as that term would be defined
by the bill. Under current law, school districts may purchase
insurance coverage for students’ physical well-being or for
the loss, the theft of, or damage to the students’ personal
property while on the school premises or at school-sponsored
activities. A participating employer would not be subject to
civil liability for a claim arising from either a secondary
student’s or the employer’s negligent act or omission. The bill
would not provide immunity for gross negligence or willful
misconduct.

Background
The bill was introduced by the House Committee on
Commerce, Labor and Economic Development at the request
of Representative Tarwater. At the House Committee hearing,
representatives for various agricultural industry associations
and the Kansas Chamber spoke in favor of the bill, stating the
legislation should encourage students to consider a
vocational or technical career.

____________________
*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
 A representative of the Kansas Association of School
Boards provided written-only neutral testimony, observing
increased insurance premiums could discourage school
districts from participating in on-the-job training programs.
No opponent testimony was provided.
Prior to recommending a substitute bill on February 25,
the House Committee:
● Deleted section 1 of the introduced bill, which
would have classified certain students as being
covered by the Workers Compensation Act; and
● Specified participation in a work-based learning
program is a school-sponsored activity.
On February 27, the bill was withdrawn from the House
Calendar and referred to the House Committee on
Appropriations. On March 22, the bill was withdrawn from the
Committee on Appropriations and rereferred to the House
Committee on Commerce, Labor and Economic
Development. On that same day, the House Committee
reported a substitute bill be passed with the amendments
previously recommended.
According to the fiscal note prepared by the Division of
the Budget, the bill, as introduced, may have increased the
Worker Compensation and insurance costs of a school
district; however, the bill would not have changed state aid to
school districts.


2- 2354


Statutes affected:
As introduced: 44-508, 72-18
Sub: 72-18