KNEA opposes SB 421 in Senate Education Committee hearing

The Senate Committee on Education heard testimony on Feb. 4, 2026, regarding Senate Bill 421, a proposal addressing student speech and expression in Kansas public schools.

Of the organizations and individuals appearing before the committee, Kansas National Education Association (KNEA) was one of nine opponents, while there were six proponents.

Timothy Graham, KNEA Director of Government Relations, delivered testimony outlining the association’s concerns. In his testimony, Graham noted that KNEA’s commitment to free expression is long‑standing and deeply rooted in the organization’s resolutions. He referenced Resolution B-3-1, which states in part:

“Kansas NEA believes that academic freedom is essential to the teaching profession. Academic and literary freedom include the rights of teachers and learners to explore and discuss divergent points of view. … An educator shall not be fired, transferred, or removed from his or her position for refusing to suppress the free expression rights of students.”

He also cited Resolution D-3-2, affirming that every student is entitled to civil and constitutional rights regardless of background, identity, or status.

Graham stressed that KNEA’s opposition to SB 421 was not rooted in disagreement with the bill’s stated values.

“Our opposition to SB 421 is not about intent,” Graham said. “It is about how this bill is written and what it would change in practice.”

He warned that much of the bill restates protections already established in law and that codifying them in new statute could create “confusion instead of clarity,” particularly in complex or fact‑specific situations.

A central concern for KNEA is the bill’s creation of a private cause of action, allowing students or student organizations to sue school districts for alleged violations. Under SB 421, courts could award a minimum of $5,000 per violation. Graham explained that while school districts would be the named defendants, the practical impact would fall heavily on educators.

“As legal exposure increases, districts are more likely to respond with heightened scrutiny, tighter controls, and more rigid guidance,” Graham said. “Rather than providing clarity, this structure creates uncertainty for teachers and administrators who are already working to balance student expression with effective instruction.”

He concluded by reaffirming KNEA’s ongoing support for student free speech and expression.

“Kansas NEA believes student free speech and freedom of expression are important and should continue to be protected in Kansas public schools,” he said. “Our concerns with SB 421 are focused on how this bill is structured and the consequences it creates for educators and schools.”

KNEA will remain engaged at the Statehouse and keep members informed as the session moves forward. Stay updated at www.ksutd.org.