By MARK TALLMAN
The 2021 Kansas Legislature convenes in less than a month, Jan. 11. Committee chairs and assignments are being named, offices and desks assigned, and protocols for operating during the COVID pandemic under discussion.
Here is a look at the major issues identified by the KASB Legislative Committee as priorities. The full committee report, here, will be considered for amendment and final approval at the KASB Delegate Assembly, to be held virtually at 6 p.m. Jan. 21.
KASB Pathway: Increase Support for Student Health and Safety
Support safe school operations. After Governor Laura Kelly ordered schools to be closed from mid-March to late May, as well as numerous other restrictions on business and gatherings to address the COVID-19 pandemic, the Legislature put new limits on executive authority. Since then, decisions on how to operate schools – onsite, remotely or by hybrid – have been mostly in the control of local school boards, with the State Board of Education and health officials offering guidance but little direct control. Boards have made very different decisions – and many of these have been criticized.
Expect the Legislature to have hearings and discussion on school operations, how and why local decisions were made, and whether more state control should be required as part of the state’s review of the Kansas Emergency Management Act. Expect a push to give more flexibility to private schools, and proposals to let parents use public funding for private schools if their public schools are not operating in person.
There could also be a review of the 1,116-hour minimum school term and whether remote learning satisfied those requirements. The State Board of Education in December gave districts more flexibility to meet those hours by have teacher professional development days, but that could mean more time off students.
Increase Mental Health Support for Students. The Legislature appointed a special committee to study mental health issues. Its report isn’t public yet but expect Legislative attention to what many believe is a severely underfunded mental health system at a time when cases are expected to rise with COVID-related stress. Education committees will likely take another look at the “pilot” school mental health program that has been operating in selected districts.
Improve Education Outcomes for Foster/Homeless Students. The state system for children removed from their homes has also faced numerous challenges and received an interim committee study.
That committee wants to strengthen procedures for transfer of records when children are placed in different schools. Expect to hear continuing concerns that districts are slow to enroll foster children or provide technology or online learning to this mobile population. Governor Laura Kelly has also issued an executive order to publish an annual report card on foster children educational outcomes, which by existing measures lag far behind their peers.
Support Positive School Safety and Discipline. Following last summer’s civil rights and social justice protests, Governor Kelly created the Kansas Racial Equity and Social Justice Commission. The commission has already made some recommendations on school resources office and is expected to continue to look at education issues such as the disparity between White and non-White students in academic achievement and discipline. Expect Legislative committees to review its report.
Maintain Ongoing Efforts to Address Bullying, Vaping and Other Issues. Legislators continue to report concerns about bullying among school-aged children and whether schools are doing enough to address it. Expect a review of the final report of the State Board’s Bullying Prevention Task Force and debate over whether it goes far enough.
Last session, the Legislature was considering steps to address the youth vaping issue, but the session ended early. The new Legislature could take that issue up again.
KASB Pathway: Strengthen Civic and Community Engagement
Last session, the House Education Committee considered a bill to require students to pass a civics education test. KASB and the State Board argued that civics should be addressed through a broader approach to civics education through State Board’s accreditation process, but the issue could return. Also, expect discussion about closer alignment between schools and businesses, from preschool through higher education.
KASB Pathway: Give all students the opportunity to succeed
Increase Special Education Funding. Although the Legislature has already approved a $75 million increase in special education state aid this year, special education costs are rising even faster as the share of “excess cost” paid by the state continues to drop far below the 92 percent benchmark in state law. Further increases will be a tough sell with the Legislature facing a projected $150 million deficit in the state general fund.
Expand Broadband Access. The COVID pandemic focused attention on the lack of broadband access for Kansans due to geographic isolation or inability to office service and devices, not just in educational access for remote learning but also health care and economic development. The Governor’s SPARK committee proposed, and the State Finance Council approved, using federal COVID aid to widen broadband access. Expect the Legislature to consider further action. More federal funding could be on the way.
Equal Access (Private school funding). Expanding funding to help students attend private schools is expected to be a major issue the 2021 session. Proponents will argue this would expand educational opportunity by allowing students struggling with remote learning in public schools to switch to in person private schools, and help low income, often minority, children with lagging educational outcomes in public schools.
Opponents, including KASB, will argue that such programs will harm educational opportunity because private schools are not required to serve students with the highest education needs, allowing them to select students while leaving public schools with the students private schools choose not to serve.
Expand Early Childhood Education. Governor Kelly, the State Board of Education and state agencies have been pushing to improve and increase early childhood programs in Kansas, supported by a large federal grant. However, new enrollment data show declines in preschool, kindergarten and lower grades in both public and private schools, presumably as a result of COVID concerns. Expanded funding in this area may depend on federal policy.
Support Equity in Student Success. Last session, the Legislature received a report from its Post Audit Division raising questions about use and oversight of at-risk funding. Both the House and Senate Education Committees were preparing bills that would add new requirements to at-risk funds and extend the expiring “high density” at-risk weighting, which provides $50 million to districts and buildings with the highest free lunch enrollment, when the session ended early.
The weighting was extended for the current school year and next year in the state budget bill, but the Legislature will have to act to extend it farther, so questions about how those funds are used will likely be back. There is also a new Post Audit report on the bilingual education weighting, which did not raise the same concerns on oversight but did question the long-term effectiveness of the program.
KASB Pathway: Prepare students for postsecondary education and careers
Address COVID impact. School leaders are concerned that the time spent in remote learning due to COVID safety decisions will set back student learning, especially for at-risk students struggling even before the pandemic. Expect Legislative discussion on what schools will be doing to address this – and likely criticism that some schools were too cautious. Also, expect concerns about the drop in higher education enrollment.
KASB Pathway: Attract and retain qualified, effective educators and support staff
Staffing Issues and Professional Development. Expect scrutiny over school staffing. Data from KSDE indicates districts have fewer positions filled when reported in September, and the Kansas Public Employees Retirement System reports more retirement this year. Some Legislators may say that should be mean savings in employment costs, but many school leaders say their substitute and overtime costs have soared to make for unfilled positions and quarantine cases.
KASB Pathway: Support effective school operations
Continue Constitutional Funding. In response to the Gannon school finance case, the Kansas Legislature approved a plan to increase base state aid per pupil to inflation-adjusted 2009 levels over six years, with the final step in 2023. The Legislature has already approved funding for those base increases in the current year (Fiscal Year 2021) and next year (FY 2022). However, districts will receive about $30 million less than approved last session because a portion of enrollment decline is reflected in the current year budget.
With the state general fund currently facing a $150 million deficit next year based on official estimates released in November – after adding the increase in school funding for Gannon – expect Legislators to ask for an accounting of any “savings” due to less onsite learning, fewer students and staff; compared to higher costs due to COVID; how much federal COVID aid districts received and how it was used; and estimates of future expenditures.
The Legislature will also review a new Legislative Post Audit report on school district cash balances, which have increased in recent years (along with school district expenditures). Noting that the neither the Legislature nor State Board of Education has provided any guidelines on cash reserves and outlining why districts have reserves, the audit did not issue any recommendations.
Equitable Funding of Capital Costs. Last session, both House and Senate education committees were considering changes in the state bond and interest aid program, which provides state aid for lower wealth districts to hold down property rates for school construction. The current formula is reducing aid over time, but the session ended before final action. This issue could return.
KASB Pathway: Exceptional Boards and Leadership Teams
Local Decision Making. Any Legislative session produces battles over “local control,” with some arguing that the state should allow local government (school boards, cities and counties) to make decisions on how to operate, and others arguing for more requirements and restrictions when they don’t like those decisions.
This issue will certainly be part of the decision about state law responding to emergencies like the COVID pandemic. Part of that debate will center on whether there should be more state control over decisions like school operating environment for learning and student activities.
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Mark Tallman is the associate executive director for advocacy for the Kansas Association of School Boards.