29 April 2023
TOPEKA (KSNT) – The Kansas Legislature has forwarded a controversial education budget bill to democratic Governor Laura Kelly.
The proposal, House Substitute for SB 113, makes appropriations for the department of education for FY 23, FY 24 and FY 25.
The Senate voted 23-16 to pass the bill Friday evening, after the House voted to pass the bill 83-37 in the afternoon.
Democrats have pushed back on certain provisions in the bill, like expanding expanding eligibility for a low-income student scholarship program, which they say would divert public funds to private schools.
“You have a bill here that doesn’t include $72 million for special ed in fiscal year [2024]. It doesn’t include the $1.9 million enhancement for professional development state aid, but it does expand the low-income tax-credit scholarship. So, if you like that, you like that,” said Rep. Valdenia Winn, (D) Kansas City, rising in opposition to the bill. “And if you like the ‘cola’ that could throw us back into some court, violating Gannon, by allowing districts with higher property evaluations to generate more money without equalizing, it’s there.”
The bill would update the definition and criteria for a “qualified school” by modifying an
accreditation requirement to include a non-public school that is working in good faith toward
accreditation. The bill would also change the income eligibility for the scholarship from 185 percent to 250 percent of the federal poverty level. It would also increase the tax credit for contributions to scholarship granting organizations from 70 percent to 75 percent of the amount contributed.
Democrats have also criticized the bill for not including the extra $72 million requested by the Governor for special education. Republicans, instead, included the extra money for special education in a separate bill, which revives an attempt to allow students to use state tax dollars to attend private school. Students would also qualify if they seek awards to attend public schools.
“Let’s give the parents, and the teachers, and the grandparents, and the students the opportunity to give them a little bit of funding to help make that happen,” said Rep. Patrick Penn, (R) Wichita. “What that would have done is it would have allowed little Timmy, little Tyrone, little Suzy — if they’re in a school where they’re being bullied — if they’re in a school where they have violence — if they’re in a school where they have drugs — if they’re in a school where they can’t learn — those little kids would be able to go to a school, a public school, and be educated — get some real results.”
After Senate Bill 83 failed to pass earlier this month, Republican lawmakers agreed to a new proposal during veto session this week. The new proposal, House Bill 2089, would establish a program that allow students to seek monetary “awards” for attending public and non-public schools, as part of the state’s KEEP program.
According to the proposal, a “qualified education service provider” would mean any business, organization or individual that provides educational goods or services that are authorized for
purchase or reimbursement under the program. It includes any school located in Kansas that is either a non-public preschool, elementary, or secondary school that has been approved to participate.
A “qualified student” would also be defined differently based upon whether the student was
seeking an award for the student to attend a public or non-public school.
For a student attending a public school, “qualified student” would mean the following:
A Kansas resident who is enrolled and attending kindergarten or grades 1 through 12 in a public or non-public elementary or secondary school in the state; and,
Has a household family income of 250 percent or less of the Federal Poverty Level; or,
Attended, in the previous year, a school building in a school district that has since been closed by the district and must travel 15 miles or more from the student’s residence to attend the new assigned school.
For those seeking awards to attend a non-public school, “qualified student” would mean the following.
A Kansas resident who is enrolled and attending kindergarten or grades 1 through 12 in a public or non-public elementary or secondary school in the state; and,
Has a household family income of 250 percent or less of the Federal Poverty Level and resides in a school district participating in the KEEP program.
Attended, in the previous year, a school building in a school district that has since been closed by the district and must travel 15 miles or more from the student’s residence to attend the new assigned school; or,
Previously received a grant pursuant to the program and enters into a written agreement with the Treasurer to receive subsequent grants.
The KEEP would provide for two options for qualified students:
$1,000 for those who would enroll in a public elementary or secondary school to be used for purchases from a qualified education service provider; and,
95 percent of Base Aid for Student Excellence (BASE) for those who will enroll in a non-public elementary or secondary school to be used for purchases from a qualified education service provider.
Other provisions in the K-12 education bill include:
Establishing the mental health intervention team program.
Authorizing private school students, who meet certain requirements, to participate in activities regulated by the Kansas state high school activities association.
Requiring school districts to post certain enrollment and academic information on school district websites.
Revising school district open-enrollment procedures.
Authorizing local school board members to receive compensation from their school district.
Authorizing current-year student enrollment for determinations of state foundation aid.
Continuing the 20 mill statewide tax levy for schools.
Amending the school districts that qualify for and the amount that school districts are able to levy pursuant to the cost-of-living weighting.