SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2322
As Amended by Senate Committee of the Whole

Brief*
HB 2322 would amend provisions within the Special
Education for Exceptional Children Act to define the term
“emotional disability,” revise the definition of “children with
disabilities” to include dyslexia, and replace the term
“emotional disturbance” with “emotional disability.” The bill
would also make similar updates in the definition of
“individuals with disabilities” used in law relating to transition
planning services for individuals with disabilities.
The bill would define “emotional disability” to mean the
same as the term “emotional disturbance” is used in the
federal Individuals with Disabilities Education Act (IDEA; PL
101-476).

Background
The bill was introduced by the House Committee on
Education at the request of Representative Goetz.

House Committee on Education
In the House Committee hearing, proponent testimony
was provided by an autism and behavioral specialist with the
Central Kansas Cooperative in Education (Cooperative), the
Director of the School Psychology graduate program at Fort
Hays State University (who also referenced written testimony
submitted by the Kansas Association of School
____________________
*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
Psychologists), and a representative of the Kansas National
Education Association. Written-only proponent testimony was
submitted by a representative of the Kansas PTA. The
proponents generally addressed the stigma the labeling of
“emotional disturbance” presents for the individual child,
parents, and school staff. The Cooperative representative
noted, as of July 2022, a total of 23 states have legally
changed their terminology, 13 using either “emotional
disability” or “serious emotional disability.” The proponents
also addressed the need for broader systemic change
regarding access to mental health supports and services
across public schools, and one conferee stated a request to
retain language tying “emotional disability” with “emotional
disturbance” for the purposes of funding special education
services.
No other testimony was provided.

Senate Committee on Education
In the Senate Committee hearing, testimony was
provided by the same conferees with similar comments.

Senate Committee of the Whole
The Senate Committee of the Whole amended the
definitions of “children with disabilities” and “individuals with
disabilities” to include dyslexia.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill as introduced, the Kansas State
Department of Education and the Department for Children
and Families indicate that the bill would have no fiscal effect
on the agencies.
Education; Special Education for Exceptional Children Act; definition; emotional
disability; IDEA; dyslexia

2- 2322


Statutes affected:
As introduced: 75-5399, 72-3404
{As Amended by Senate Committee of the Whole}: 72-3404, 75-5399
Enrolled - Law effective July 1, 2023: 72-3404, 75-5399
Enrolled: 72-3404, 75-5399