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Judge's Gavel on Books

Kansas Language, Literacy, Cultural Heritage, and Global Competency Act.

Kansas (and other states) should adopt this Act to ensure that every student develops strong English literacy and early, practical multilingual communication skills that prepare Kansas children to participate effectively in education, the workforce, civic life, and an increasingly interconnected economy.

LEGISLATIVE BRIEF

Kansas Language, Literacy, Cultural Heritage, and Global Competency Act

 

Sponsored by What The Hecc, LLC

​

I. Executive Summary

The proposed Kansas Language, Literacy, Cultural Heritage, and Global Competency Act establishes a statewide, sequential language and literacy framework beginning in early childhood and continuing through high school.

The proposal would integrate six foundational communication competencies into the Kansas educational framework:

  1. English literacy;

  2. cursive English literacy;

  3. Mexican Spanish;

  4. Puerto Rican Spanish;

  5. Canadian French; and

  6. American Sign Language.

The legislation would additionally establish a statutory framework for instruction concerning Native Kansas languages and cultural heritage.

The proposal does not establish a biological “language cutoff” at age 12. Instead, age 12 functions as a statutory educational milestone: the state would require foundational language competencies to be established before a student reaches that age, while continuing language development through graduation.

II. Existing Kansas Statutory Framework

Kansas already provides a statutory foundation for this proposal.

K.S.A. 73-2801 currently designates English as the official language of Kansas and identifies English as the language of official public documents, records and public meetings. The statute also expressly permits specified uses of other languages, including interpretation at public meetings.

The proposed amendment therefore does not create an entirely new official-language policy. Instead, it clarifies the relationship between Kansas's existing official-language law and the state's educational obligation to teach additional languages.

Likewise, K.S.A. 72-3218 already directs the State Board of Education to establish subjects and areas of instruction designed to provide students with sufficient oral and written communication skills and other educational capacities.

The proposed legislation uses that existing statutory structure to establish specific statewide language competencies.

III. Constitutional Framework

Article 6 of the Kansas Constitution establishes the legislature's responsibility concerning public education and provides for a state board of education with general supervision over public schools.

Kansas statutory law already recognizes that the state's financing system must provide for K-12 education and must utilize available financing mechanisms to satisfy the state's constitutional educational responsibilities.

The bill therefore treats implementation as part of the existing public-education framework rather than establishing an independent educational bureaucracy.

IV. Official-Language Rationale

The legislation distinguishes between:

Official governmental language — English; and

Educational language competency — the lawful teaching and acquisition of additional languages.

This distinction is legally significant.

The bill does not prohibit Kansas schools from teaching other languages. It instead establishes English as the controlling language for official governmental records while simultaneously requiring Kansas students to acquire additional communication competencies.

The bill also retains statutory exceptions for:

  • judicial and administrative proceedings;

  • federal law;

  • public health and safety;

  • disability accommodations;

  • American Sign Language;

  • Native American tribal governments;

  • authorized educational instruction; and

  • other legally protected circumstances.

This structure is intended to avoid creating an internal conflict between the official-language provisions of K.S.A. 73-2801 and federal or constitutional requirements.

V. Why Establish an Age-12 Milestone?

The legislation establishes an age-12 deadline as an educational policy benchmark, not as a claim that human language acquisition ends at age 12.

The distinction is deliberate.

The proposed system begins language exposure during early childhood, progressively increases instructional demands and requires foundational competency before age 12. Students would then continue developing proficiency through high school.

This approach recognizes that language development is cumulative and that postponing all additional-language education until secondary school provides substantially less instructional time than an early-starting sequence.

The bill therefore uses the statutory principle:

Start early. Build continuously. Establish foundations before adolescence. Continue developing proficiency through graduation.

VI. Native Kansas Language and Cultural Heritage

The legislation creates a specific statutory framework for Native Kansas languages rather than treating tribal languages as ordinary foreign-language electives.

The proposal requires consultation with tribal governments and recognizes tribal authority over culturally restricted information.

This is important because the state should not acquire ownership or control over sacred, confidential or culturally restricted tribal knowledge merely because such material is used within a public educational program.

The proposed language therefore establishes a distinction between:

  • state educational standards;

  • tribal language instruction;

  • tribal cultural authority; and

  • tribal sovereignty.

VII. American Sign Language

The legislation includes American Sign Language as a statewide language competency while preserving existing legal obligations concerning students who are deaf or hard of hearing.

ASL is therefore treated as a communication competency within the broader language framework rather than merely as a special-education accommodation.

VIII. Cursive Literacy

The bill characterizes cursive as a literacy competency, rather than a separate language.

The proposed competency includes:

  • reading cursive;

  • writing cursive;

  • recognizing historical handwriting;

  • interpreting primary-source documents; and

  • maintaining functional handwriting skills.

This allows the legislature to address cursive within the existing English-language-arts framework rather than creating a legally inaccurate category of “cursive language.”

IX. Relationship to Existing Kansas Curriculum Law

K.S.A. 72-3218 already establishes a statewide legislative goal that students possess sufficient oral and written communication skills to function in a complex and rapidly changing society.

The proposed legislation would make the language competencies specifically identified by the bill part of that existing statewide curriculum framework.

This approach minimizes statutory fragmentation and allows the State Board to establish detailed standards through the existing regulatory process.

X. Teacher Workforce

The legislation recognizes that statutory requirements without qualified personnel would create an implementation problem.

Accordingly, the bill directs the State Board to establish appropriate licensure endorsements and alternative qualification pathways.

The Native Kansas language provisions are particularly important because a conventional state teacher-licensure model may not adequately recognize tribal language expertise.

The proposed alternative pathway allows tribal governments and communities to participate in determining who is qualified to teach their languages.

XI. Graduation Requirement

The proposal does not require every student to become fully fluent in every language identified in the act.

Instead, it establishes:

Before age 12: foundational exposure and competency across the required language framework.

Ages 12–18: continued development and application.

Graduation: English/cursive competency plus continued study or demonstrated competency in at least one additional language or signed language.

This distinction allows the state to establish a universal foundational education while permitting secondary students to pursue deeper specialization.

XII. Transfer Students

A statutory requirement must account for students entering Kansas schools after the ordinary instructional sequence has begun.

The bill therefore prohibits denying enrollment or educational opportunity because a transfer student has not previously received Kansas language instruction.

The State Board would establish placement and individualized catch-up procedures.

This is intended to make the statute administratively enforceable rather than creating an impossible retroactive requirement.

XIII. Funding Structure

The bill does not attempt to assign an unsupported dollar amount to implementation.

Instead, it directs the legislature to consider the costs through the existing Kansas school-finance framework and authorizes grants for:

  • teacher preparation;

  • recruitment;

  • curriculum;

  • assessments;

  • technology;

  • ASL programs;

  • Native Kansas language programs; and

  • early-childhood language education.

Kansas law already provides a statewide K-12 financing framework and establishes legislative budgeting priorities for school-finance obligations.

XIV. Fiscal Note

An official fiscal note should not be fabricated in the bill proposal.

Kansas law requires a fiscal note for legislation that affects state or local revenues, appropriations or governmental expenditures. The Director of the Budget is responsible for preparing the fiscal note and may consult affected governmental organizations. The statute further provides that the fiscal note should not contain an opinion concerning the merits of the legislation.

Accordingly, the appropriate legislative-document structure is:

Preliminary fiscal considerations: teacher workforce, curriculum, assessment, technology, professional development and grant costs.

Official fiscal note: to be prepared after introduction and referral pursuant to K.S.A. 75-3715a.

XV. Implementation Considerations

The proposed implementation sequence should include:

Phase I — Standards and Planning

  • State Board rulemaking;

  • curriculum standards;

  • teacher credential standards;

  • tribal consultation;

  • assessment development.

Phase II — Early Grades

  • early-childhood and elementary implementation;

  • teacher recruitment;

  • pilot programs;

  • curriculum procurement.

Phase III — Middle Grades

  • completion of the foundational language sequence;

  • statewide competency assessment;

  • intervention for students who entered Kansas schools later.

Phase IV — Secondary Education

  • continued proficiency;

  • specialized language pathways;

  • career and technical applications;

  • graduation competency requirements.

Phase V — Legislative Review

  • annual implementation reporting;

  • three-year implementation review;

  • five-year statutory review.

XVI. Principal Legal Safeguards

The draft contains several provisions intended to reduce legal ambiguity:

  1. Federal supremacy clause — state requirements cannot override federal law.

  2. Disability-law protection — the statute does not diminish federally protected accommodations.

  3. Tribal sovereignty protection — state educational standards do not become state ownership of tribal language or culture.

  4. Transfer-student protection — students entering Kansas after the instructional sequence begins receive an individualized pathway.

  5. Severability — an invalid provision does not automatically invalidate the remainder of the act.

  6. Rulemaking delegation — the State Board receives authority to establish technical standards while the legislature establishes the substantive policy.

  7. Fiscal-note compliance — actual fiscal effects are left to the statutory fiscal-note process rather than being represented by an unsupported estimate.

XVII. Legislative Policy Question

The principal legislative question presented by this proposal is whether Kansas should establish a statewide statutory expectation that students begin acquiring multiple forms of communication competency during childhood rather than treating additional-language education primarily as an elective or secondary-school specialization.

The bill provides the legislature with a statutory mechanism for making that determination while leaving curriculum design, assessment methodology and implementation details to the State Board of Education within legislatively established boundaries.

Hecc Bill Example

2027 REGULAR SESSION

HOUSE BILL No. ____

By Representative ____________________

AN ACT concerning education; relating to language, literacy, handwriting, American Sign Language, world languages and Native Kansas languages and cultural heritage; establishing the Kansas Language, Literacy, Cultural Heritage, and Global Competency Act; amending K.S.A. 73-2801, 72-3217 and 72-3218 and establishing new sections in article 32 of chapter 72 of the Kansas Statutes Annotated; prescribing duties of the state board of education and school districts; establishing language and literacy competency requirements; providing for teacher licensure and alternative credentialing; providing for tribal consultation; establishing a grant program; making and concerning appropriations; providing for implementation; and repealing certain existing provisions.

Be it enacted by the Legislature of the State of Kansas:

Section 1. SHORT TITLE.

This act shall be known and may be cited as the “Kansas Language, Literacy, Cultural Heritage, and Global Competency Act.”

Sec. 2. LEGISLATIVE FINDINGS AND PURPOSE.

(a) The legislature finds and declares that:

(1) The state has a legitimate governmental interest in establishing minimum statewide educational standards necessary to ensure that Kansas students possess fundamental literacy, communication and civic competencies;

(2) K.S.A. 72-3218, and amendments thereto, presently directs the state board of education to establish subjects and areas of instruction designed to provide students with sufficient oral and written communication skills and other educational capacities;

(3) the Constitution of the State of Kansas establishes English as the language in which laws, public records and written judicial and legislative proceedings are conducted, promulgated and preserved;

(4) Kansas law presently designates English as the official language of the state and provides that English is the language of official public documents, records and meetings, while recognizing specified circumstances in which another language may lawfully be used;

(5) language acquisition and literacy development are educational processes that benefit from sustained exposure, instruction and practice beginning during childhood;

(6) the legislature therefore intends to establish an early-starting, continuous language-development framework rather than defer additional-language instruction until secondary school;

(7) the legislature recognizes that the period preceding adolescence is an important period of linguistic and educational development, while expressly declining to establish a biological or psychological claim that language learning ceases after a particular age;

(8) the legislature intends that foundational competencies in the languages identified by this act be established before a student reaches 12 years of age, with continued development through secondary education;

(9) Kansas has historical and contemporary relationships with Native American nations and communities whose languages and cultures constitute an important component of the state's historical and cultural heritage;

(10) implementation of Native Kansas language and cultural education must respect tribal sovereignty, tribal authority over culturally restricted knowledge and applicable federal law;

(11) American Sign Language constitutes a distinct form of signed communication and shall be incorporated into the state's language-education framework without diminishing the rights of students who are deaf or hard of hearing; and

(12) implementation of this act should be accomplished through measurable standards, qualified personnel, appropriate assessments, phased implementation and legislative oversight.

(b) The purposes of this act are to:

(1) strengthen English literacy;

(2) establish cursive English as a functional literacy competency;

(3) provide foundational instruction in Mexican Spanish, Puerto Rican Spanish, Canadian French and American Sign Language;

(4) establish an appropriate framework for Native Kansas language and cultural education;

(5) establish age-based competency standards beginning in early childhood;

(6) require foundational language competency before age 12;

(7) continue language development through high school;

(8) establish a statutory framework for teacher preparation and credentialing;

(9) provide funding mechanisms for implementation; and

(10) maintain consistency with the Kansas Constitution, Kansas statutes and federal law.

Sec. 3. K.S.A. 73-2801 is hereby amended to read as follows:

73-2801. English designated official language of state; official governmental language; exceptions.

(a) English shall be designated as the official language of the state of Kansas.

(b) Except as otherwise provided by law, the official language of the state shall be the language of official public documents, records, governmental proceedings and official public meetings.

(c) For purposes of state and local governmental administration, the English-language version of an official public document or record shall constitute the controlling version, except when federal law, a court order or another provision of Kansas law requires otherwise.

(d) Nothing in this section shall prohibit:

(1) the use of another language when necessary to protect public health or safety;

(2) the use of another language when necessary to protect rights in judicial or administrative proceedings;

(3) the provision of reasonable accommodations required by state or federal disability law;

(4) the use of American Sign Language;

(5) the use of Native American languages by tribal governments;

(6) instruction in languages authorized under the Kansas Education Code;

(7) the use of another language when required by federal law;

(8) the use of another language for international commerce, trade or tourism; or

(9) translation or interpretation services otherwise authorized or required by law.

(e) A state agency or political or taxing subdivision may publish a translation of an official document or record in another language if the English version is also maintained and made available, subject to subsection (c).

(f) Nothing in this section shall restrict any private person, business, educational institution, religious organization, tribal government or other nongovernmental entity from using, teaching, publishing or communicating in any lawful language.

Sec. 4. K.S.A. 72-3217 is hereby amended to read as follows:

72-3217. Required courses of instruction; graduation requirements.

(a) All accredited schools shall provide instruction required by law and by standards adopted by the state board of education.

(b) In addition to other requirements prescribed by law, every accredited high school shall provide instruction necessary to satisfy the graduation requirements adopted by the state board of education.

(c) Beginning with the graduating class designated by the state board of education pursuant to section 12 of this act, each student seeking a Kansas high school diploma shall demonstrate:

(1) proficiency in English language literacy;

(2) functional competency in cursive English;

(3) completion of the foundational language requirements established pursuant to this act; and

(4) continued study or demonstrated competency in at least one additional language or signed language approved by the state board.

(d) The state board shall establish multiple competency-based pathways for satisfying subsection (c), including classroom instruction, proficiency examinations, dual-language programs, approved community programs, tribal language programs, concurrent enrollment and other substantially equivalent methods.

(e) Nothing in this section shall prohibit a school district from establishing requirements exceeding the minimum standards established by the state board.

Sec. 5. K.S.A. 72-3218 is hereby amended to read as follows:

72-3218. Accredited schools; mandatory subjects and areas of instruction; legislative goal of providing certain educational capacities.

(a) In addition to subjects or areas of instruction required by K.S.A. 72-3214, 72-3217, 72-3232, 72-3235, 72-3236 and amendments thereto, every accredited school in the state shall teach the subjects and areas of instruction adopted by the state board.

(b) The subjects and areas of instruction adopted pursuant to this section shall include the language, literacy and cultural competencies established by the Kansas Language, Literacy, Cultural Heritage, and Global Competency Act.

(c) The state board shall design such instruction to provide each student with:

(1) sufficient oral and written English communication skills;

(2) functional cursive-English literacy;

(3) foundational communication skills in Mexican Spanish;

(4) foundational communication skills in Puerto Rican Spanish;

(5) foundational communication skills in Canadian French;

(6) foundational communication skills in American Sign Language; and

(7) age-appropriate knowledge concerning Native Kansas languages, peoples, cultures and histories.

(d) Nothing in this section shall be construed to relieve the state or any school district from any other duty imposed by state or federal law, including duties relating to special education, bilingual education, accessibility or civil rights.

Sec. 6. K.S.A. 72-3218a is hereby created to read as follows:

72-3218a. Language and literacy standards; statewide competency framework.

(a) The state board shall establish statewide academic standards for:

(1) English literacy;

(2) cursive English;

(3) Mexican Spanish;

(4) Puerto Rican Spanish;

(5) Canadian French;

(6) American Sign Language; and

(7) Native Kansas language and cultural education.

(b) The standards shall be:

(1) developmentally appropriate;

(2) measurable;

(3) sequential;

(4) competency-based;

(5) capable of statewide implementation; and

(6) consistent with applicable state and federal law.

(c) The state board shall not prescribe a single curriculum, textbook, instructional methodology or commercial instructional provider for purposes of satisfying this section.

Sec. 7. K.S.A. 72-3218b is hereby created to read as follows:

72-3218b. Age-based language and literacy requirements.

(a) The state board shall establish a statewide developmental sequence substantially consistent with the following:

(1) Birth through age two: language-rich environments, early literacy, communication development and age-appropriate exposure to multiple languages and signed communication;

(2) ages three through five: early literacy, oral-language development, introductory cursive preparation and introductory exposure to Mexican Spanish, Puerto Rican Spanish, Canadian French and American Sign Language;

(3) ages five through seven: structured literacy, cursive handwriting, introductory reading and writing in English and foundational communication in the additional languages;

(4) ages eight through ten: systematic development of reading, writing, listening, speaking, signing and cultural competencies;

(5) ages ten through eleven: demonstrated progress toward the foundational competency standards established by the state board;

(6) before age 12: completion of the foundational language sequence prescribed by the state board; and

(7) ages 12 through 18: continued language proficiency, application, cultural literacy, career preparation and advanced study.

(b) The state board shall establish appropriate accommodations and alternative completion procedures for students with disabilities, students receiving individualized educational services and students who enter a Kansas school after the ordinary instructional sequence has commenced.

Sec. 8. K.S.A. 72-3218c is hereby created to read as follows:

72-3218c. Cursive English competency.

(a) Cursive English shall constitute a component of statewide English literacy instruction.

(b) Instruction shall include:

(1) recognition and reading of cursive writing;

(2) formation of cursive letters;

(3) legible cursive handwriting;

(4) reading historical and primary-source documents containing cursive writing; and

(5) practical written communication.

(c) The state board shall establish grade-level performance standards.

Sec. 9. K.S.A. 72-3218d is hereby created to read as follows:

72-3218d. Required foundational additional-language instruction.

(a) Each accredited school shall provide developmentally appropriate instruction in:

(1) Mexican Spanish;

(2) Puerto Rican Spanish;

(3) Canadian French; and

(4) American Sign Language.

(b) Instruction shall include, as developmentally appropriate:

(1) listening or visual comprehension;

(2) expressive communication;

(3) vocabulary;

(4) basic reading and writing where applicable;

(5) conversational communication;

(6) cultural literacy; and

(7) recognition of regional linguistic variation.

(c) The state board shall establish minimum competency benchmarks to be achieved before a student reaches 12 years of age.

Sec. 10. K.S.A. 72-3218e is hereby created to read as follows:

72-3218e. Native Kansas language and cultural education; tribal consultation.

(a) The state board shall establish a Native Kansas Language and Cultural Heritage Program.

(b) The state board shall consult with federally recognized tribes and tribal education and language authorities having historical or contemporary connections to Kansas.

(c) The program may include instruction concerning:

(1) Native Kansas languages;

(2) tribal histories;

(3) traditional and contemporary cultural practices;

(4) historical and contemporary governmental structures;

(5) traditional place names;

(6) Native American contributions to Kansas history; and

(7) other subjects approved by the applicable tribal authority.

(d) No state agency, school district or public school employee shall be authorized by this section to compel disclosure, publication or classroom use of sacred, confidential, culturally restricted or otherwise protected tribal knowledge.

(e) Nothing in this section shall diminish tribal sovereignty or the authority of a tribal government concerning its own language, culture, educational materials or protected knowledge.

(f) The provisions of this section shall be construed consistently with K.S.A. 73-2804 and amendments thereto.

Sec. 11. K.S.A. 72-3218f is hereby created to read as follows:

72-3218f. Teacher licensure; endorsements; alternative qualification pathways.

(a) The state board shall establish appropriate licensure endorsements, supplemental credentials or other authorization mechanisms for educators providing instruction pursuant to this act.

(b) The state board shall establish qualification standards for educators teaching:

(1) Spanish;

(2) French;

(3) American Sign Language;

(4) English literacy and cursive English; and

(5) Native Kansas languages and cultures.

(c) For Native Kansas language instruction, the state board shall establish alternative pathways recognizing, as appropriate:

(1) tribal certification;

(2) demonstrated language proficiency;

(3) community recognition;

(4) documented cultural knowledge; and

(5) authorization by the applicable tribal government.

(d) Nothing in this section shall be construed to require a Native Kansas language educator to surrender tribal authority over the content or manner of instruction as a condition of participating in an authorized educational program.

Sec. 12. K.S.A. 72-3218g is hereby created to read as follows:

72-3218g. Graduation implementation; competency pathways.

(a) The state board shall establish the first graduating class subject to the additional graduation requirements established by this act.

(b) The state board shall provide a transition period sufficient to permit:

(1) teacher recruitment;

(2) educator preparation;

(3) curriculum development;

(4) procurement of instructional materials;

(5) development of assessments;

(6) tribal consultation;

(7) district implementation planning; and

(8) legislative consideration of fiscal requirements.

(c) The state board shall establish alternative competency pathways for students who enter the Kansas educational system after age 12.

Sec. 13. K.S.A. 72-3218h is hereby created to read as follows:

72-3218h. Statewide assessment; reporting; accountability.

(a) The state board shall establish developmentally appropriate assessments for the competencies established pursuant to this act.

(b) Assessments shall measure student growth and competency and shall not be used to impose punitive consequences upon a student for circumstances outside the student's control.

(c) The department shall submit an annual report to the legislature containing aggregate information concerning:

(1) student participation;

(2) competency outcomes;

(3) teacher availability;

(4) program implementation;

(5) Native Kansas language programs;

(6) expenditures;

(7) district implementation; and

(8) identified barriers to compliance.

(d) Student personally identifiable information shall be protected in accordance with applicable state and federal law.

Sec. 14. K.S.A. 72-3218i is hereby created to read as follows:

72-3218i. Kansas Language, Literacy, Cultural Heritage, and Global Competency Grant Program.

(a) The state board may establish a competitive grant program for implementation of this act.

(b) Grant funds may be used for:

(1) teacher recruitment;

(2) teacher preparation;

(3) professional development;

(4) instructional materials;

(5) curriculum development;

(6) technology;

(7) accessibility;

(8) Native Kansas language programs;

(9) American Sign Language programs;

(10) early-childhood language programs;

(11) assessment development; and

(12) other implementation costs approved by the state board.

(c) Priority may be given to rural school districts, underserved communities and districts demonstrating documented shortages of qualified language educators.

Sec. 15. K.S.A. 72-3218j is hereby created to read as follows:

72-3218j. Rulemaking authority.

(a) The state board shall adopt rules and regulations necessary to implement this act.

(b) Such rules and regulations shall establish:

(1) competency standards;

(2) age-band requirements;

(3) assessment procedures;

(4) teacher qualification standards;

(5) transfer-student procedures;

(6) disability accommodations;

(7) tribal consultation procedures;

(8) program approval requirements;

(9) reporting requirements; and

(10) implementation schedules.

(c) Rules and regulations shall be adopted pursuant to the Kansas Administrative Procedure Act.

Sec. 16. AMENDMENT TO SCHOOL DISTRICT ACCREDITATION AND ACCOUNTABILITY.

The state board shall incorporate compliance with the minimum curriculum and competency standards established pursuant to sections 6 through 15 of this act into the statewide accreditation and accountability framework applicable to accredited schools, subject to statutory exemptions and applicable state and federal law.

Nothing in this section shall authorize the state board to impose an academic penalty upon a student solely because the school district failed to provide a program or qualified instructor required by this act.

Sec. 17. FINANCING.

(a) The legislature shall consider appropriations necessary to implement this act within the state's school finance system.

(b) Implementation costs shall be considered in conjunction with the Kansas school equity and enhancement act and other applicable school-finance provisions.

(c) The legislature recognizes that Kansas law provides for a statewide financing system for kindergarten through grade 12 education and requires consideration of available financing resources in satisfying the state's constitutional educational obligations.

(d) Nothing in this act shall be construed to create a continuing appropriation without an express appropriation by the legislature.

Sec. 18. FISCAL NOTE.

(a) A fiscal note shall be prepared pursuant to K.S.A. 75-3715a, and amendments thereto.

(b) The fiscal note shall identify, to the extent reasonably determinable:

(1) anticipated expenditures by the state;

(2) anticipated expenditures by school districts;

(3) anticipated costs associated with teacher recruitment and licensure;

(4) anticipated costs associated with curriculum and instructional materials;

(5) anticipated costs associated with assessment development;

(6) anticipated costs associated with Native Kansas language programs;

(7) anticipated costs associated with American Sign Language instruction;

(8) potential federal or other nonstate funding sources; and

(9) immediate and reasonably foreseeable long-term fiscal effects.

(c) The official fiscal note shall be prepared by the appropriate state fiscal authorities in accordance with Kansas law and shall not contain an opinion concerning the merits of this act.

K.S.A. 75-3715a expressly requires fiscal notes for bills that increase or decrease state or local revenues, make appropriations, alter appropriations or impose functions on local governments that increase expenditures or fiscal liability.

Sec. 19. FEDERAL LAW; CONSTITUTIONAL CONSTRUCTION.

Nothing in this act shall be construed to:

(a) conflict with the Constitution or laws of the United States;

(b) diminish rights guaranteed under federal disability law;

(c) diminish rights guaranteed under the Constitution of the State of Kansas;

(d) diminish tribal sovereignty;

(e) prohibit lawful private use of any language;

(f) prohibit a court from ordering interpretation or translation;

(g) prohibit a governmental entity from providing an accommodation required by law; or

(h) prevent compliance with any applicable federal funding condition.

Sec. 20. SEVERABILITY.

If any provision of this act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act that can be given effect without the invalid provision or application.

Sec. 21. LEGISLATIVE REVIEW.

(a) The state board shall conduct an initial implementation review three years after statewide implementation.

(b) Thereafter, the state board shall submit a report to the legislature at least once every five years.

(c) The report shall include:

(1) academic outcomes;

(2) language competency outcomes;

(3) teacher workforce data;

(4) fiscal expenditures;

(5) district compliance;

(6) student participation;

(7) Native Kansas language program participation;

(8) implementation barriers; and

(9) recommendations for statutory amendments.

Sec. 22. EFFECTIVE DATE.

This act shall take effect and be in force from and after its publication in the statute book, subject to appropriations and the implementation schedule established pursuant to this act.

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