Below is a summary of action taken by the Legislature and Gov. Laura Kelly on education-related legislation through the veto session, which ended April 29. The Legislature is scheduled to meet again May 23 for possible action on redistricting and further vetoes from Gov. Kelly.
Bills Vetoed and Sustained
SB 58 - Parents Bill of Rights. Similar to version passed by Senate in SB 496, without parents' portal, library material review and new restrictions on tests, exams, surveys, which were originally addressed in HB 2567. KASB was neutral on Senate version. Vetoed 4/15
Description: http://kslegislature.org/li/b2021_22/measures/documents/ccrb_sb58_02_0000.pdf
Bill information and roll call votes: http://kslegislature.org/li/b2021_22/measures/sb58/
SB 160 – Prohibiting transgender females on female sports teams. KASB opposes legislation; believes it should be governed by Kansas State High School Activities Association; also concerns about opening districts up to legal liabilities. Vetoed 4/15.
Description: http://kslegislature.org/li/b2021_22/measures/documents/ccrb_sb160_02_0000.pdf
Bill information and roll call votes: http://kslegislature.org/li/b2021_22/measures/sb160/
Bills passed in Regular Session
SB 62 – Vision Screening Update (KASB supports) plus Deaf/Hard of Hearing Services. KASB supports vision screening update. Signed 4/11
Description: http://kslegislature.org/li/b2021_22/measures/documents/ccrb_sb62_01_0000.pdf
Bill information and roll call votes: http://kslegislature.org/li/b2021_22/measures/sb62/
SB 91 - Providing liability protection for businesses, municipalities and educational institutions that participate in high school work-based learning programs and providing that schools are responsible for injuries to students participating in such programs. KASB took no position. Signed 4/13.
Description: http://www.kslegislature.org/li/b2021_22/measures/documents/ccrb_sb91_01_0000.pdf
Bill information and roll call votes: http://www.kslegislature.org/li/b2021_22/measures/sb91/
SB 215 – Authorizes school boards to contract with transportation network companies for the purpose of transporting eight or fewer people to and from school or school-related activities and transfers authority for postsecondary driver’s education and driver training schools to the Kansas Department of Revenue. KASB took no position. Signed 4/18.
Description: http://kslegislature.org/li/b2021_22/measures/documents/ccrb_sb215_01_0000.pdf
Bill information and roll call votes: http://kslegislature.org/li/b2021_22/measures/sb215/
SB 563 – State House, State Senate and State Board of Education Redistricting. KASB took no position. Signed 4/15
Description: http://kslegislature.org/li/b2021_22/measures/documents/ccrb_sb563_01_0000.pdf
Bill information and roll call votes: http://kslegislature.org/li/b2021_22/measures/documents/ccrb_sb563_01_0000.pdf
SB 267 – Mega Appropriations Bill. Among other budget provisions for state agencies, adds $1.5 million for teacher scholarships in FY 2023 from SGF. KASB supports. Signed 4/25.
Description: http://kslegislature.org/li/b2021_22/measures/documents/ccrb_sb267_04_0000.pdf
Bill information and roll call votes: http://kslegislature.org/li/b2021_22/measures/sb267/
HB 2239 – Multiple tax provisions. Signed 4/14.
Revenue neutral property tax rate. The bill allows taxpayers owning property within a taxing subdivision to file complaints with the Board of Tax Appeals showing that a taxing subdivision did not comply with the notice and hearing and budget adoption provisions of the revenue neutral rate law; provides for refunds or tax rate adjustments; requires the vote approving a resolution or ordinance to exceed the revenue neutral rate to be a roll call vote; and creates new reporting requirements. KASB took no position on these provisions.
School districts would be deemed to have not exceeded their revenue neutral rate in the event the revenue in excess of the prior year amount was solely attributable to increased revenue from the 20-mill statewide school finance levy. KASB supports.
Residential Property Tax Exemption. The bill increases the amount of the residential exemption from the 20 mill uniform statewide school finance property tax levy from $20,000 of valuation to $40,000 of valuation beginning in tax year 2022 and provide for the amount to be increased in future tax years according to the average percentage change in statewide residential real property for the preceding 10 tax years. KASB took no position.
Teacher Classroom Supplies Tax Credit. The bill creates an individual income tax credit for public or private school teachers residing in Kansas equal to the taxpayer’s expenditures for school and classroom supplies during the tax year. The credit would be effective beginning in tax year 2022 and would be limited to $250 per year. KASB took no position.
Bill description: http://kslegislature.org/li/b2021_22/measures/documents/ccrb_hb2239_01_033122pmrev.pdf
Bill information: http://kslegislature.org/li/b2021_22/measures/hb2239/
Bills Passed in veto session
SB 421 – KPERS payments. Transfers $1.125 billion from the State General Fund to the KPERS Trust Fund. The first $253.9 million SGF would pay off outstanding accounts receivable for KPERS-School employer contributions withheld in FY 2017 and FY 2019 (“layering payments”) while the remaining $871.1 million SGF would be applied to the KPERS-School unfunded actuarial liability. KASB supports reducing general fund payments to KPERS if benefits are not affected.
Description: http://kslegislature.org/li/b2021_22/measures/documents/ccrb_sb421_01_0000.pdf
Bill information and roll call votes: http://kslegislature.org/li/b2021_22/measures/sb421/
HB 2567 – Education Policy
Description: http://kslegislature.org/li/b2021_22/measures/documents/ccrb_hb2567_02_042722.pdf
Bill information and roll call vote: http://kslegislature.org/li/b2021_22/measures/hb2567/
Appropriations for K-12 Education (Sections 1-4)
Base state Aid. Full funding of Gannon plan scheduled base aid amounts for FY 2023 and first year of CPI adjustment in 2024. KASB supports.
Equalization aid. Full funding of estimated amounts of state aid for local option budgets, capital improvement aid and capital outlay aid for 2023 and LOB aid for 2024 based on CPI adjustment. KASB supports.
Special education state aid. Adds $7.5 million increase in special education aid for 2023, as agreed to under the Gannon plan, will fund an estimated 70 percent of excess cost rather than 92 percent as provided in state law. KASB supports increase, would support more progress to 92% of excess cost.
School mental health. Provides $10.5 million from SGF ($3 million increase) in school mental health team funding in 2023. KASB supports.
- Increases funding for current mental health intervention team pilot program for school liaisons, requires school districts to provide $1 match for $3 state funding. Priority will be given to expansion of the program to new school districts, and requires a third-party study of the effectiveness of the program and for the Department of Education to provide a report by January 1, 2023, to the director of the budget and the director of legislative research that includes performance measures, developed in consultation with the Kansas department for aging and disability services, that illustrate the effectiveness of the mental health intervention team pilot program.
Career technical education transportation. Adds $1.5 million from SGF for CTE transportation in 2023. KASB supports.
School safety grants. Provides $4 million from SGF and $1 million from federal ARPRA for safety grants. KASB supports.
- Reinstates a previous program funding KSDE grants to school districts, matched on a dollar-for-dollar basis. Funds may be used for the purposes provided by previous grants for the acquisition and installation of security cameras and any other systems, equipment and services necessary for security monitoring of facilities operated by a school district and for securing doors, windows and any entrances to such facilities. These funds may also be used for a new purpose: to pay for salaries for newly created positions of school resource officers and the costs associated with any newly created school resource officers provided by the city or county of such school district.
Computer science education advancement grant. Adds $1 million from SGR for 2023. KASB supports.
- Funds grants to high-quality professional learning providers to develop and implement teacher professional development programs for the computer science courses as established in 2022 HB 2466.
Career technical education pilot. Adds $40,000 from SGF for 2023. KASB supports.
- Funds stipends required to be provided to the Washburn institute of technology and to participating high schools that are served by the Washburn institute of technology service area pursuant to the secondary career technical education credentialing and student transitioning to employment success pilot program as established in HB 2466.
Dyslexia Coordinator. Adds $100,000 for statewide dyslexia coordinator from SGF for 2023. (Does not require districts to pay fees as previously proposed.) KASB supports position, not funding by fee.
Virtual math program. $4 million from Federal APRA funds for 2023, if not available from SGF; $2 million from SGF in 2024. KASB supports SPARK funding rather than fees; flexibility for districts to pick alternatives.
- KSDE is required to implement a virtual math program that would be available to all school districts. The virtual math program is to be customized to Kansas curriculum standards, be evidence-based, not impose any fee upon students, provide tutoring in multiple languages, provide professional development for the implementation of the program, and have been implemented in other states over the previous eight fiscal years.
- KSDE is required to recommend use of the virtual math program to all school districts, but districts would not be required to use to use the program. All districts that implement the program would be required to track and report to KSDE twice during school year 2022-2023, as determined by KSDE, the number of attendance centers and students using a virtual math program, the number of students not using a virtual math program, the number of teachers participating in professional development provided by a virtual math program, and the effect of the program on student academic proficiency.
- KSDE is required to submit a summary report to the House Committee on K-12 Education Budget and the Senate Committee on Education including a list of school districts and attendance centers that are using a virtual math program, a list of school districts and attendance centers not using a virtual math program, and a comparison between low-usage and high-usage school districts and attendance centers.
Other Policy Provisions.
Every Child Can Read Act. (Sec. 5-6) Adds a statement on academic achievement, required local board policies for learning literacy and a new report on academic achievement. KASB took no position.
- Details. Requires school policies.
Alternative Education Opportunities. (Sec. 7) Creates a process for approval of instruction that primarily occurs outside the classroom with a sponsoring entity. KASB supports after required State Board of Education approval was removed.
Open Enrollment (New Sections 8-9, Section 13, and Sections 15-18) Requires school districts to allow enrollment of non-resident students, subject to local board policies defining capacity and other criteria, beginning in 2024-25. KASB opposes.
- Details. Requires school policies.
Johnson County Research Triangle (Section 10). Higher education provision.
Kansas State High School Activities Association Reporting (Section 11) Makes Kansas State High School Activities Association board members, officers, and employees mandatory reporters of child abuse or neglect.
Using Needs Assessment in Budget Process (Section 12). Makes changes to require annual school budgeting needs assessment. KASB generally supports compromise language in bill.
Part-time Enrollment (Section 14). Requires school district enrollment of part-time students; makes changes in compulsory attendance law. KASB took no position.
Virtual School Graduation Rates and Virtual School Financial Incentives (Section 19). Creates an alternative virtual school graduation rate and prohibits financial incentives for virtual school enrollment. KASB took no position.
Per pupil funding for virtual students. (Section 20) Increases virtual state aid from $5,000 per full-time pupil to $5,600 per full-time pupil and increases virtual state aid from $1,700 per part-time pupil to $2,800 per part-time pupil, beginning in FY 2023. KASB took no position.
Virtual Diploma Completion (Section 20). Provides a new formula for virtual school funding for students under age 20 who have dropped out of high school. KASB took no position.
Tax Credit for Low Income Students Scholarship Program (Section 21) Amends the Tax Credit for Low Income Students Scholarship Program to include children seven years of age or under in the definition of “eligible student.” KASB took no position.
Federal Impact Aid (Section 22). Contains changes to federal impact aid treatment. KASB took no position.
Capital Improvement State Aid (Section 23) Changes bond and interest state aid calculation. KASB supports.
Student Achievement Summary Report (Section 24). Require KSDE to prepare and submit to the Governor and the Legislature a summary report regarding student achievement. KASB took no position.
Surveys (Section 27). The bill would provide additional requirements for the administration of nonacademic surveys, including tests, questionnaires, and examinations in schools. The bill would apply such requirements to any survey administered during the school day that contains questions about the personal and private attitudes, values, beliefs, or practices of the student or any of the student’s family, friends, or peers. Prior to the administration of any such survey, the bill would require the school to provide prior written notification to the parent or guardian no more than four months in advance of the administration of the survey. KASB took no position.
Promise Scholarship (Sections 28-33). Adds amendments to Kansas Promise Scholarship Act (aid for students in CTE and two-year postsecondary programs). KASB supports.
Kansas Hero's Scholarship Act (Section 34). Makes changes to scholarship programs for dependents of military, peace officers and first responders. KASB took no position (no hearing).
HB 2466 – Computer science education (KASB supports) PLUS pilot CTE credential incentive program (KASB supports) PLUS amendment to student data privacy act for college tests such as ACT. KASB supports computer science provisions and CTE incentives.
HB 2510 – Omnibus Appropriations Bill. Among other provisions funding state agencies, Adds $1.0 million for the Computer Science Educator Scholarship account for FY 2023, contingent on the passage of HB 2466. KASB supports.
Description: http://kslegislature.org/li/b2021_22/measures/documents/ccrb_hb2510_02_0000.pdf
Bill information: http://kslegislature.org/li/b2021_22/measures/hb2510/
SB 34 – Health Orders. The bill makes various changes in public health laws, including several impacting schools.
Face Mask Requirements (New Section 1). The bill prohibits any governmental entity or public official from ordering or otherwise requiring a person to wear a face mask as a response to a contagious or infectious disease, but such entity or official could recommend the wearing of face masks. KASB opposes.
Vaccination Passport Requirements (New Section 2). The bill prohibits any governmental entity or public official from: (1) Issuing a COVID-19 vaccination passport to any individual without such individual’s consent; (2) Requiring any individual to use a COVID-19 vaccination passport within this state for any purpose; or (3) Denying housing to any individual or refusing access by any individual to a place accessible to the general public, or separating any individual from others in a place accessible to the general public, including entry, education, travel, and services within this state, based on such individual’s COVID-19 vaccination status. The bill would not prohibit a governmental entity or public official from instituting COVID-19 screening protocols in accordance with state and federal law to protect public health. KASB took no position.
Judicial Review of Governmental Actions in Response to State of Disaster Emergencies and State of Local Disaster Emergencies Section 4). The bill amends the process of judicial review for actions filed by aggrieved parties in response to executive orders issued by the Governor during a state of disaster emergency under KEMA and for actions filed by aggrieved parties in response to actions taken by local units of government during a state of local disaster emergency under KEMA. Under current law, when an aggrieved party files a civil action in district court in response to an executive order issued by the Governor or an action taken by a local unit of government, a court must issue an order on a petition filed pursuant to the section within seven days of the hearing on such petition, or the relief requested in the petition must be granted. The bill replaces this seven-day requirement with a requirement that the court issue its order without unreasonable delay after the hearing is conducted, and would remove language requiring relief be granted in the petition if the court’s order is not issued within seven days.
Amendments to Student Health Statutes (Section 7). The bill amends law related to certifications for required tests and inoculations (immunizations) for first-time enrollment at schools and preschool or day care programs operated by a school to specify the Secretary would be prohibited from deeming a test or inoculation necessary if it has not received full approval by the federal Food and Drug Administration (FDA) for the age of the student to whom the requirement applies. KASB took no position.
Bill description: http://kslegislature.org/li/b2021_22/measures/documents/ccrb_sb34_01_215pm.pdf
Bill information: http://kslegislature.org/li/b2021_22/measures/sb34/
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