Religion, Ed Bills, & Taxes

Feb 22, 2019 by

Religion, Ed Bills, & Taxes

House Education Hears Religion Bill

The Kansas House Education Committee met this week to hold a hearing on House Bill 2288, the Student and Educator Freedom of Religious Speech Act. This bill, brought by Rep. Renee Erickson (R-Wichita) and co-sponsored by 27 additional Republicans, would essentially allow religious proselytization by students and teachers in public schools.

The bill puts many restrictions and requirements on public schools so that religious speech and the distribution of religious materials could not be managed. If passed, the bill would open up our schools to lots of lawsuits from both advocates of religious speech and those who ardently defend the separation of church and state.

Currently, students are generally allowed to engage in religious speech at school although some limits can be placed on it. Under the federal Equal Access Act, high school students must be given access to facilities equally – so that if the high school has clubs using facilities, they cannot tell a religious club they can’t – they have equal access. Students can engage in student-initiated, student-led prayer. But students cannot be compelled to participate and teachers cannot be active participants.

One section of this bill grants very broad rights to teachers to engage in and even assist in religious activities at school. This includes everything from wearing religious clothing to decorating their desks with religious items.

Teachers do not shed their religious beliefs “at the school house doors,” however, they do agree to not promote their beliefs in the school. It has been noted in legal cases that children in elementary and middle schools are very impressionable and have a tendency to look at their teachers as role models. If a teacher were to decorate his or her desk with religious items that promote his or her own beliefs, it could lead to a student questioning the religious lessons taught at home. And Kansas law currently, in the Kansas Preservation of Religious Freedom Act (60-5301 through 60-5305), prohibits activities that would “(i)mpair the fundamental right of every parent to control the care and custody of such parent’s minor children, including, but not limited to, control over education, discipline, religious and moral instruction…

The bill was supported by Rep. Erickson, the Family Policy Alliance, a wrestling coach, and a broadcaster. Opponents were KASB, KNEA, the PTA, and the Mainstream Coalition.

The House Ed Committee also worked two bills.

HB 2144 by Rep. Kristey Williams (R-Augusta) originally put many restrictions on community colleges. The bill was opposed by the Association of Community College Boards of Trustees.

A large balloon amendment was brought on Thursday that stripped out everything except two sections dealing with reporting transparency. One section would require community colleges to post the courses for which credit is fully transferable to 4-year institutions. The other section requires the collection of data with lots of student demographic information.

The balloon amendment was adopted and the bill was passed out of committee. It now goes to the full House for consideration.

The second bill worked was HB 2166, the bill mandating a course in financial literacy for high school graduation. Again, a balloon amendment was offered that stripped out the mandatory course and instead said that if a school offered a course in financial literacy, they district needed to adopt a policy under which a student could take that course for 1/2 credit of mathematics.

The amendment would also require the Kansas State Board of Education to allow the course to be counted as 1/2 credit of mathematics and the Kansas Board of Regents to recognize the class for 1/2 credit of mathematics.

The amendment was adopted but a motion to pass the amended bill out of committee failed. The bill is now out of consideration. Of course it can come up as an amendment somewhere else so we will continue to watch for it.

House Tax Committee considers bill to ensure Kansas gets sales tax on internet sales

The House Tax Committee held a hearing on HB 2352 which would adjust tax policies to meet a new court decision that will allow states to better collect sales tax on internet purchases.

Currently, Kansas collects sales taxes on internet vendors who have a physical presence in the state. If one makes a purchase from a vendor that does not, it is quite possible that the vendor will not collect and remit Kansas sales tax. Kansas taxpayers have the opportunity to report such purchases on their income tax returns and pay the sales tax at that time but it is believed that very few people actually do that and there is no way to find out. Rep. Don Hineman (R-Dighton), in talking to a conferee who admitted to paying such taxes on his return, asked if he felt he was taxed for his purchases or for his honesty.

This bill sets a threshold for sales in Kansas by an internet vendor such that the vendor would be required to collect and remit Kansas sales tax after meeting the threshold ($100,000) in sales. Some states have also set a threshold of a number of transactions in the state – for example, the vendor had 200 purchases from the state – but this bill does not include such a provision.


The House considered two bills of interest this week.

Senate Bill 9 which would direct the state to pay $115 million to KPERS this year to pay back contributions that had been withheld was advanced to final action and will be voted on Friday. If it passes, it goes to the governor.

HB 2071, which would establish a “proud educator” license plate, was up for debate but was passed over apparently so that a legislator can get an amendment prepared to add a “Don’t Tread on Me” (Tea Party) license plate to it. We will see if it comes back on Friday.