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 18, 2021

The Honorable Sean Tarwater, Chairperson
House Committee on Commerce, Labor and Economic Development
Statehouse, Room 151D-S
Topeka, Kansas 66612
Dear Representative Tarwater:
SUBJECT: Fiscal Note for HB 2351 by House Committee on K-12 Education Budget
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2351 is
respectfully submitted to your committee.
HB 2351 would exempt any business that accepts a secondary student in a work-based
learning program from certain claims arising from a student’s negligent act as a result of
participating in the program at the business or work site. Except for incidents arising from gross
negligence or willful misconduct, a student’s school district would be solely responsible for civil
liability for these claims. The bill would define “work-based learning program” as a program in a
secondary curriculum that includes work study, on-the-job training, job shadowing, internships,
clinicals, practicums, apprenticeships, co-ops, and industry-led service-learning projects. In
addition, the bill would allow school districts to purchase insurance contracts to insure against
liability claims.
The Department of Education states that the enactment of HB 2351 would not affect state
aid to school districts. However, the bill would increase school districts’ exposure to liability for
students participating in work-based learning programs. The bill would allow those districts that
have participating students to purchase the appropriate insurance contract coverage to offset this
additional potential liability. Any increase in insurance premium costs would be borne by local


Adam Proffitt
Director of the Budget
cc: Craig Neuenswander, Education

Statutes affected:
As introduced: 72-18