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HB 2299

Senate Substitute for Substitute for HB2299 by Committee on Education - Providing that certain statutory references to accredited nonpublic schools mean nonpublic schools accredited by the state board of education, requiring that schools accredited by a national or regional accrediting agency shall have the same rights as schools accredited by the state board, requiring school districts and accredited nonpublic schools to prohibit the use of personal electronic communication devices during the school day and prohibiting employees of a school district from using social media to communicate with students for official school purposes.

2025-2026 Regular Session

HB 2299 declares antisemitism against public policy in Kansas, adopts the IHRA definition, and authorizes AG-enforced investigations with penalties up to $10,000 per violation.

Approved by Governor on Thursday, March 19, 2026
#attorneygeneral #discrimination #laborandemployment #schools
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Bill Summary · HB 2299

Summary — HB 2299 (2025) — Declaring antisemitism against public policy; statutory definition; enforcement

Purpose

HB 2299 declares antisemitism and antisemitic acts to be against the public policy of Kansas — specifically calling out the purposes of public educational institutions and law enforcement — and adopts a non‑binding, statewide definition of “antisemitism.” In its amended form, the bill also adds enforcement mechanisms for complaints alleging religious discrimination or antisemitism in public educational settings and makes related amendments to the Kansas Act Against Discrimination.

Key provisions

  • State policy: Public educational institutions that receive and expend tax dollars are prohibited from engaging in practices or policies that (a) discriminate or cause prejudice on the basis of religion, or (b) promote or tolerate antisemitism or antisemitic acts. Coursework studying religions/cultures is explicitly preserved.
  • Definition: Adopts the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism (including contemporary examples) as in effect on May 26, 2016. The bill also lists explicit examples, including:
    • Encouraging/supporting/threatening violence or vandalism against Jewish persons or property;
    • Wearing masks to conceal identity with intent to harass or discriminate against Jewish students/faculty/employees on school property;
    • Incorporating or permitting funding of antisemitic curriculum or activities in domestic or study‑abroad programs.
  • First Amendment: States nothing in the act shall be construed to diminish rights protected by the U.S. Constitution First Amendment or the Kansas Bill of Rights.

Enforcement, remedies, and procedures

  • Complaints: A person (or parent/guardian for those under 18) aggrieved by a violation may file a complaint with the Kansas Attorney General (AG).
  • Investigatory powers: The AG may investigate; during investigations the AG may subpoena witnesses and documents, take testimony under oath, serve interrogatories, and administer oaths. Subpoenas/interrogatories must be served by certified mail or per civil procedure rules.
  • Failure to comply: If a person intentionally refuses to respond, the AG may petition district court; courts may order compliance or hold the individual in contempt.
  • Penalties and appeals:
    • If the AG finds a violation by a preponderance of evidence, the AG must assess civil penalties up to $10,000 per violation (proceeds to State General Fund).
    • Affected public educational institutions may appeal under the Kansas Judicial Review Act.
  • Kansas Act Against Discrimination changes:
    • Declares state policy that public institutions are prohibited from antisemitic practices.
    • Authorizes the AG to investigate alleged unlawful employment/discriminatory practices and to seek civil damages (up to $10,000 per violation).
    • Raises the statutory cap on damages for pain, suffering, and humiliation incidental to discrimination from $2,000 to $10,000.
    • Kansas Human Rights Commission may refer complaints to the AG.

Who is affected

  • Public educational institutions: elementary/secondary schools operated by unified school districts, community colleges, Washburn University and Washburn Institute of Technology, technical colleges, and institutions supervised by the Board of Regents.
  • Students, faculty, staff, parents, and visitors to those institutions (as potential complainants or subjects).
  • State agencies: Attorney General (enforcement workload) and Kansas Human Rights Commission (referral role).
  • Judicial Branch: potential for increased district court filings and appeals.

Fiscal and procedural notes

  • Fiscal: Office of Judicial Administration indicated possible increased judicial workload; civil penalties and docket fees would be credited to the State General Fund but a net fiscal effect could not be estimated. The AG reports existing staff can absorb enforcement. The Kansas Human Rights Commission reports an uncertain fiscal impact.
  • Legislative status (selected): Introduced Jan. 31, 2025; committee hearing Feb. 11; House Committee on Education recommended a substitute; substitute passed the House on March 19, 2025 (116–8) and actions since then include referrals and committee activity. (Check current legislative tracking for latest status.)

Stakeholder input / controversy

  • Proponents (including the Kansas Attorney General and Jewish community organizations) argued the bill addresses rising antisemitic incidents and religious discrimination on campuses.
  • Opponents (including some school groups, teacher associations, civil liberties advocates) raised concerns about adopting the IHRA definition and potential impacts on academic freedom and free speech; some witnesses urged alternative wording or definitions.

This summary is informational and does not interpret how courts would apply the IHRA definition or reconcile enforcement with constitutional protections; those questions would be resolved in implementation and litigation if the bill becomes law.

Compiled from official sources — confirm details with the bill’s official record.

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