KASB Blog: Schools remain in limbo following end of legislative session

Schools remain in limbo following end of legislative session

Kansas schools remained in limbo Thursday after Republican leaders declined to work on school finance on the last day of the legislative session and Gov. Sam Brownback made no mention of calling a special session to address a Kansas Supreme Court ruling.

The concern over whether schools will close July 1 increased even more after the state announced tax receipts in May fell significantly below projections, which will probably require more budget cuts on top of nearly $100 million in cuts that Brownback made last month to higher education, health care, children's programs and other areas.

On the final day of the session Wednesday, Republicans, who hold significant majorities in the Legislature, failed to reach a consensus on how to resolve the state Supreme Court's decision last week that the Legislature's proposed fix to equity funding failed to fix the problem.

In that decision, the court, again, reminded the Legislature that without a constitutional finance system, schools couldn't operate beyond June 30, the last day of the fiscal year and less than one month away.

School officials throughout the state are sounding alarms that a disruption in funding and expenditures would jeopardize students, federal funding, schools, teachers and communities.

KASB and USA Kansas have issued a joint statement urging election officials "to continue working on providing a constitutional system for all of our students and resolve this issues as soon as possible."

Amy Martin, a member of the Olathe USD 233 school board and president-elect of KASB, called on education advocates to contact their legislators and encourage them to work on a solution.

Here is an excerpt from Martin's blog:  

We need to stay focused on our goal, which is to have kids back in classrooms and learning on August 17th. However, serious consequences for failing to meet the court order begin on July 1st. Many kids will be directly impacted. Consider driver education, summer meals, band camps, transcript requests, and outside groups that rent our facilities.

Our communities will also be impacted. Most obvious, we will stop mowing. But also consider all the summer construction projects we have going on. Not just the facility improvements that won't be completed before the start of the year, but the impact to the local contractors and workers who are relying upon the work.

Our employees will be left hanging. Most teachers take their pay in installments that continue through the summer months. Many also will face a lapse in health insurance coverage. And with no guarantee of employment next fall, some may opt for teaching positions across the state line.

And finally, all the unseen business of our district. We have financial obligations like bond payments, utilities, and purchasing contracts. We have property, casualty, and liability insurance obligations. Some very serious issues are raised by the prospect of not paying our bills.

And what does this mean for the Kansas economy? Given that K-12 education accounts for 4.5% of total Kansas wages and 67,000 jobs, and that schools purchase $735 million in services and $657 million in supplies, shutting them down certainly isn't going to help it.

So, what can you do? Make sure your friends and neighbors know this is going on. And then reach out to your state representative and senator. Respectfully encourage them to find a solution. The ball is clearly in their court and they need to hear the priorities of the people they serve.

School Closure: Kansas School Superintendents' Association Press Release

The following release went out yesterday to news outlets in the Topeka, Wichita and Kansas City markets. KSSA Stands Ready to Work with Legislators Topeka, Kansas – Friday’s ruling from the Kansas Supreme Court was not a surprise for the Kansas School Superintendents Association (KSSA). When the CLASS Act was passed, a little more then 12 months ago KSSA had a number of concerns around the constitutionality of the law, as it failed to address equality and adequacy through Block Grant funding. Superintendents who are members of KSSA stand united for equitable and adequate funding for all students, no matter the zip code. KSSA appreciates the Supreme Court Justices adhering to their constitutional duties, and we expect legislators to do the same.  A student educated in the smallest community in Kansas must have the same opportunity to achieve success as a student who attends a school in the largest communities within our great state. History has shown Kansans understand the value of working together to create greater opportunities for all Kansas citizens. This is why KSSA will continue to work with our legislature to develop a solution that will pass the equity test for the immediate future and years to come. It’s the hope of all Kansas educational leaders that the Governor and Legislators can come together and identify a constitutional solution to address school funding and not challenge the Supreme Court to a game of chance. KSSA and the United School Administrators of Kansas (USA-Kansas) stand ready to work with legislators during the next session regarding potential changes to the school funding formula. USA-Kansas has been working with it’s member organizations on a funding mechanism based on student needs, not solely on budget dollars available. As we move our ideas forward we are confident when educational leaders can work with our legislative leaders we can find solutions. The longer we work apart the greater the challenge will become.

Tax receipts tank; Legislature doesn't address school finance, etc. by KS Association of School Boards

Tax receipts tank; Legislature doesn't address school finance; Senate approves transgender resolution

State budget problems got worse on Wednesday and schools moved one day closer to a possible shutdown.

The Legislature ended the 2016 legislative session without acting on the Kansas Supreme Court’s school finance ruling in the face of a possible closing of the public school system in one month.

And just moments after legislators adjourned, the state reported another steep shortfall — more than $70 million — in projected tax receipts for the month of May.

As the clock ticked on the school funding deadline and the budget situation worsened, the Senate ended the session right after approving a resolution condemning the Obama Administration's directive to allow transgender students to use bathrooms that correspond to their gender identity.

Republican leaders said legislators would work later on school finance, but did not indicate when. Gov. Sam Brownback could call the Legislature back for a special session but has not commented on whether he would do that, nor when.

Last week, the Kansas Supreme Court said the Legislature's latest attempt to fix inequities in school finance continued those inequities to the detriment of poor districts. The court, again, said the Legislature had until June 30, the last day of the fiscal year, to produce a constitutional finance plan, or on July 1 schools would be unable to operate.

On Wednesday, the Legislature met for the official, usually ceremonial end of the session, and the major question was would leaders try to pass a new school finance bill or wait.

As the day progressed, it became apparent that Republicans, who hold significant majorities in the House and Senate, were nowhere near agreement on what to do.

Reporters tweeting from the Senate GOP caucus meeting reported senators were all over the map on how to address the court decision with some saying the Legislature should defy the court while others said legislators should abide by the ruling and allocate the funds needed to provide equity.

Meanwhile, Democrats and some Republicans urged passage of the former equalization levels, which would require approximately $38 million.

But the ability to put more funding into schools was dealt a setback when it was announced tax revenues for May fell more than $70 million short of recently lowered projections. With the state having an approximate $25 million ending balance for the current fiscal year, more budget cuts are likely.

"Large company layoffs and struggles in the aviation, oil and agricultural industries point to an overall sluggish economy which contributed to lower-than-expected revenue receipts," said Kansas Department of Revenue Secretary Nick Jordan. "This is a trend reflected throughout the region," Jordan said.

Last month, Brownback cut universities, health care and other areas by nearly $100 million because of lagging revenue.

Arguments over school finance spilled into debate of a resolution by Senate President Susan Wagle, R-Wichita, that condemned the Obama administration's decision requiring public schools allow transgender students to use bathrooms and locker rooms based on their gender identity and not based on their gender assigned at birth.

The federal guidance from the U.S. Department of Justice and U.S. Department of Education, providing a new interpretation of the decades-old Title IX anti-discrimination law, has been hailed by advocates for transgender students, who have said being forced to use facilities unaligned with their sexual identity has resulted in discrimination, bullying and high suicide rates.

But the resolution, approved by the Senate 30-8, urged public schools, colleges and universities to "disregard the Obama Administration Title IX guidance," which the resolution decries as an executive intrusion on local decisions that threatens the rights of privacy, safety and education of Kansas students.

Wagle said the resolution was needed to express discontent with federal overreach, but Democrats said Kansans were more concerned about whether schools would be open after July 1 than about where students go to the bathroom.

Sen. Tom Holland, D-Baldwin City, said the state has a growing budget deficit, an unconstitutional school finance system "but we're debating where transgender can pee."

Earlier in the day, Kansas Attorney General Derek Schmidt announced he had joined a lawsuit with 11 other states, led by Texas, that challenges the Obama administration's over the issue.

Last Day to Register to Vote BEFORE NOON TODAY, Wednesday, June 1st!

Today: Make sure you’re registered to vote by click here .

If you’ve moved or changed your name, you must re-register.

Before NOON on Wednesday, June 1: Go to your county election office and select the party affiliation (Republican or Democrat) for the primary you want to vote in on Aug. 2. Click here for a printable voter application and party designation form or find online registration information here. If you aren’t sure which primary you want to vote in yet, change your registration to Unaffiliated before this deadline. You can then request a Republican OR Democratic ballot at your polling place on Aug. 2. (If you do this, you will need to complete paperwork at the poll to affiliate with the party whose ballot you select.) If you are doing a mail-in ballot, you must designate your party affiliation before noon on June 1.

United School Administrators: Delay in addressing court ruling could hurt Kansas students

Delay in addressing court ruling could hurt Kansas students, advocates say

School advocates Tuesday urged legislators to address the Kansas Supreme Court decision on equity school funding quickly, saying delay would hurt students across the state.

But key leaders have yet to say if or when they will take up the issue as the last day of the 2016 legislative session and candidate filing deadline approached. Senate President Susan Wagle, R-Wichita, said school funding would not be considered this week. Although, Kansas Public Radio this morning reported Gov. Brownback warn Senate leaders if the education issues isn't solve today (June 1) he would be forced to call a special session.

On Friday, the Court ruled that the Legislature's attempt to fix Local Option Budget inequities was unconstitutional and actually increased inequality among districts. The Court, again, gave the Legislature until the last day of the fiscal year, June 30, to fix the inequities or schools would be unable to operate. Here is a link to KASB's legal summary of the decision.

On Tuesday during a Webinar, KASB Executive Director John Heim and others said shutting down schools on July 1 would have a devastating impact on students and the state economy.

"We don't want to panic, but it certainly doesn't hurt to plan for the worst and hope for the best," Heim said. Here is a link to the recorded Webinar and accompanying guide.

Heim urged educators when talking with legislators to avoid blaming and finger-pointing and focus on the goal of ensuring that schools are not disrupted, students are served during the summer and school starts on time in August.

KASB's Associate Director for Advocacy Mark Tallman said, "The quicker this can be solved the better." He said the funding — probably within the $40 million range — to remedy the issue is available within current state ending balances.

Tallman added, "We are about a month away from an unprecedented situation in Kansas."

G.A. Buie, executive director of United School Administrators of Kansas, also urged officials to share with the public the ramifications of shutting down schools, including the effect unpaid employees would have on the state's economy.

The Legislature meets Wednesday for the scheduled official end of the 2016 session. The official end is usually ceremonial, but most legislators are expected to attend because of the school finance ruling, a move by some Republicans to criticize the federal government over transgender student guidance and a possible veto override attempt on a tax bill.

Noon Wednesday also is the deadline to file as a candidate in the Aug. 2Republican and Democratic primaries. Here is a link to KASB’s Election 2016 webpage, which includes links to numerous election sources, including legislative candidate lists.

After the Kansas Supreme Court decision came out last week, Republican legislative leaders and Gov. Sam Brownback criticized the Court but gave no indication how they would respond to the ruling.

The clock is ticking on the June 30 deadline the Court set for the Legislature.

During the KASB Webinar, school administrators raised numerous concerns about what would happen if schools were unable to operate. A link to a list of those questions can be found here.

Administrators said even a brief shutdown would result in cutting services to students, including summertime meals and course studies, delaying budget preparation, jeopardizing employment and federal funds.

All these issues and many more need to be brought to the attention of legislators, education officials said.

KS Supreme Court Strikes Down School Finance Law: A Kansas Association of School Boards Special Report

May 27, 2016 Kansas Supreme Court strikes down school finance law; special legislative session possible

The Kansas Supreme Court on Friday ruled the state's so-called equity fix in regards to Local Option Budget aid in the school finance lawsuit is unconstitutional and again gave the Legislature until June 30 to remedy funding for poor districts or the school system would be unable to operate. The decision raises the possibility of a special legislative session or an extension of the 2016 session, which is scheduled to end Wednesday. In reaction to the Court decision, each side in the long-running dispute pointed fingers at each other. Gov. Sam Brownback and House Speaker Ray Merrick, R-Stilwell, sharply criticized the court as over-reaching, while Alan Rupe, lead attorney for the plaintiff school districts, said if schools close it would be the fault of the Legislature for failing to perform its constitutional duty. Shutting schools this summer would disrupt numerous school programs and possibly delay or drastically alter the start of the upcoming school year. In February, the Kansas Supreme Court said the school finance law was unconstitutional because it created inequities in funding and tax burden that harmed low wealth districts and their students. In March, the Legislature approved House Bill 2655, which supporters said cured those inequities, while the school districts suing the state said the amount of funding fell short and the law allowed continued unequal tax treatment. On Friday, the Court said HB 2655 does cure the capital outlay inequities but failed to fix the unconstitutional inequities in the Local Option Budget and supplemental general state aid. The Court said the Legislature's decision to provide a lower rate of LOB funding "increases and exacerbates the disparity among districts." A hold harmless provision and extraordinary need fund somewhat mitigates the inequity, but the provision also will likely result in wealthier districts raising additional revenue that poor districts can't, the Court said. The Court has ruled the Kansas Constitution requires that school districts must have reasonably equal access to substantially similar educational opportunity through similar tax effort. In its decision, the Court said without a constitutionally equitable school finance system, the schools in Kansas cannot operate. The Court stated " … the inability of Kansas schools to operate would not be because this court would have ordered them closed. Rather, it would be because this court would have performed its sworn duty to the people of Kansas under their constitution to review the legislature's enactments and to ensure the legislature's compliance with its own duty," under the Kansas Constitution.

KSDE News: Kansans Can Story and Video Link on Unsung Heroes

Ann Marie Bush, Communications Specialist     (785) 296-7921

Lowell Milken Center for Unsung Heroes opens in Fort Scott, Kan.

Interactive museum shares stories unearthed by students

By Ann Marie Bush Kansas State Department of Education FORT SCOTT, KAN. — Tucked away in the downtown area of this small southeast community, one can find the true definition of an unsung hero. Merriam-Webster defines unsung as “not given attention and praise that is deserved for doing good things.” However, the Lowell Milken Center for Unsung Heroes in Fort Scott shines the spotlight on several unsung heroes. There is Therese Frare, who as a young photojournalist took an iconic photograph of a dying man with AIDS. The photograph helped change the face of the HIV/AIDS epidemic in the 1990s. Unsung Hero Irena Sendler was a young Catholic social worker who led a network of volunteers to rescue more than 2,500 Jewish children from the Warsaw Ghetto during World War II. Then there is Lt. Col. Tran Ngoc “Harry” Hue, who served with the 1st Infantry Division Army of the Republic of Vietnam. He fought alongside American soldiers during Vietnam, saving numerous South Vietnamese and American lives. In 1971, Hue was taken prisoner by enemy forces while searching for supplies. He was tortured for 13 years, but refused to give in even after being forced to live in horrific conditions. Many of these stories have been researched and told by students across the nation. For example, Hue’s story was told by two Seaman Unified School District 345 students — Hailey Reed and Andrea Sodergren. The two students, along with their teacher, Susan Sittenauer, joined Hue and several of his family members for the grand opening of the Lowell Milken Center for Unsung Heroes on May 24. Frare and another Unsung Hero, Kendall Reinhardt, also attended the event. As a young white student, Reinhardt befriended nine black teenagers who later became known as the Little Rock Nine. Lowell Milken, co-founder and chairman of the Milken Family Foundation, was on hand for the event, too. Other special guests included Kansas Commissioner of Education Randy Watson, Deputy Commissioners Dale Dennis and Brad Neuenswander and Heather Smith, director of economic development for Fort Scott. “There is a great feeling of honor to have completed the Hall of Unsung Heroes,” Milken said while dozens of people toured the center. The 6,000-square-foot interactive museum, which sits on the corner of Wall and Main Streets, is dedicated to people who have taken extraordinary actions to help others but who have been ignored by history until now. It features interactive exhibits, a 48-seat theater with bench seating, a conference room, life-sized apple tree symbolizing where Sendler buried jars containing the names of children who had been smuggled out of Poland and award-winning student art. The unsung heroes have been discovered by students and teachers through LMC’s project-based learning approach. New projects and exhibits are continually in development, and executive director Norm Conard said some of the exhibits will change out every few months. “This is a testimony to great teachers, great students and American education,” Conard said. “So much is right with education in America.” LMC was launched in 2007. However, the idea for it came about in 1992 when Milken honored high school teacher Conard with a Milken Educator Award at Uniontown High School in Kansas. During his teaching career, Conard, who transitioned from the classroom to executive director, has engaged thousands of students in history projects that incorporate performing arts, multimedia and video production. One of those outstanding students was Megan Felt. Felt in 1999 was a freshman in Conard’s history class. Felt, Conard and other students unearthed the story of Sendler. The students wrote a play about her, which they entitled, “Life in a Jar.” The play has been performed more than 350 times throughout the United States and Europe. The students and Conard found out Sendler was still living in Poland and went to visit her. Sendler was nominated in 2007 for the Nobel Peace Prize, one year before her death. The play was the premise for a book and movie about Sendler. Milken offered support for the “Life in a Jar” project, and he and Conard began talking about how they could further promote educational projects that shed light on unsung heroes. That led to the creation of the Lowell Milken Center for Unsung Heroes nonprofit initiative in April 2007. The center has been operated in a smaller exhibit space in downtown Fort Scott. The center has welcomed 40,000 visitors from 80 countries since its inception in 2007. The popularity spurred the creation of the new facility. The former space will be used to train educators and students to do research and project-based learning on unsung heroes. The center is open from 8 a.m. to 5 p.m. Monday through Friday and by appointment on Saturday. The LMC Fellowship Project, another aspect of the nonprofit initiative, unites top educators and offers them educational resources and ongoing support to enhance their classrooms. The program has grown from two LMC Fellows in 2008 to 71 in 2015. Nate McAlister, a 2015 Fellow who teaches at Royal Valley Middle School, was one of the visitors to the center May 24. “It’s history on display, and it’s telling the story of those who have been forgotten by history,” McAlister said. “The students are the heroes, too. They are the ones telling these stories that need to be told.” PHOTOGRAPHS BY ANN MARIE BUSH/KSDE Lt. Col. Tran Ngoc Hue is one of the Unsung Heroes featured in the center. Two Seaman High School students told Hue's story for the National History Day contest and won. Left to right, Heather Smith, director of economic development for the city of Fort Scott, Dr. Randy Watson, Kansas commissioner of education, and Lowell Milken, co-founder and chairman of the Milken Family Foundation, listen to comments during the ceremony. Inside the center, several displays are available for viewing. VIDEO AVAILABLE AT: https://www.youtube.com/watch?v=r5VlrONHFPE