When legislators say they respect educators, their words don’t match their deeds.

A common theme we hear from legislators is that they love teachers and struggle to understand how educators get the impression that the legislature does not appreciate them. Yet, during each legislative session, our educators are subjected to dozens of bills that negatively impact their profession and students. We also endure hours of comments from legislators and conferees that directly – or indirectly – demean, accuse, and unfairly criticize educators. 

Rep. Bill Rhiley (R-Wellington)

This past week, a perfect example of why educators feel attacked by legislators occurred during a hearing for a bill extending the school year (HB 2224). Sponsored by Rep. Bill Rhiley (R-Wellington), this bill would profoundly impact educators, students, and parents. During his proponent testimony, he explained his reasoning behind his proposal to add 444 hours to the school year. He included a breakdown of current school day hours that asserted teachers work about 30 hours per week while administrators work 18 hours per week. As seems to always be the case with these kinds of “grudge” bills, it included no funding for keeping a modern school operational and staffed during those nearly two additional months of instruction. Nor- it appears- were any educators consulted before introducing the bill. 

As a committee member, Rep. Rhiley had the opportunity to review opposition testimony before the hearing and attempt to refute the arguments made. It should be noted that those not on the committee do not have the same luxury. His remarks were rambling and difficult to follow. So, we re-watched them (you can also watch them here starting at the 47:36 mark). In doing so, we still find it difficult not to draw the conclusion that he believes students who struggle do so because teachers don’t want to work more than the bare minimum – which he asserts is 30 hours a week. Additionally, he provides minimal evidence that additional hours would result in higher student outcomes. Finally, he seems to conclude that his bill requires no extra costs.  

When legislators wonder why so many Kansans, including educators, students, and parents, feel that their elected representatives hold a deep sense of animosity towards educators, this is why. While these legislators spend effort, time, and taxpayer dollars advancing their narrative in Topeka, professionals work daily to ensure that all Kansas students are welcome, safe, and learning.

Summary Ahead of “Turnaround” Day (February 24, 2023).

Turnaround Day is Friday, February 24, in the Kansas Legislature. That means we are approaching halftime of the 2023 legislative session…at least on paper. Turnaround Day is the last day for non-exempt bills to be considered in their house of origin. House bills must pass out of the Kansas House; Senate bills must pass out of the Senate. Unless, of course, they’ve been “blessed.” But remember, no bad bill ever truly dies anyway.

What is a blessed bill? These bills are sponsored by, referred to, or acted upon by an exempt committee.

What is a non-exempt bill? Any bill that has not been “blessed” by the process described above.

What legislative committees are exempt committees? 

On the House side, they are the House Committee on Federal and State Affairs, the House Committee on Taxation, the House Committee on Calendar and Printing, and the House Committee on Appropriations. 

On the Senate side, they are the Senate Committee on Federal and State Affairs, the Senate Committee on Ways and Means, and the Senate Committee on Assessment and Taxation. 

Committees will be meeting on Monday and Tuesday of this coming week in a mad dash to pass several pieces of legislation out of committee in order to spend Wednesday through Friday of next week on the House and Senate floors considering that legislation. 

Again, despite the rules, NOTHING is really dead in the Kansas Legislature.

KNEA has testified verbally or submitted written testimony before a number of committees on several bills. The bills listed below are ones that were either testified on this week or bills from previous weeks that are moving along in the process.

Attacks on the LGBTQ+ Community

  • Civil penalty for gender-affirming care: SB 233 prohibits gender-affirming care by authorizing civil actions against physicians that perform any gender reassignment service on an individual who is less than 18 years of age. Kansas NEA opposes this bill. However, due to a sudden change in the calendar, we could not submit testimony on the bill. Instead, we submitted it on the bill previously scheduled for a hearing, SB 12, which is similar, but more severe by making gender-affirming services on individuals under 21 years of age a level 4 felony. KNEA submitted written testimony in OPPOSITION to this bill. The hearing occurred in the Senate Committee on Public Health and Welfare on Tuesday, February 14. Our testimony can be found here.
  • So-Called Women’s Bill of Rights: SB 180 alleges to establish the “Women’s Bill of Rights,” yet it codifies resolution language outlining how women are inferior to men. The bill also creates a system of discrimination by oversimplifying what constitutes a male and a female by the biological reproductive system functions they are born with. The bill fails to factor in a host of circumstances that may arise, leaving an individual without these functions. It fails to acknowledge that biology does not break down neatly into a binary. KNEA submitted written testimony in OPPOSITION to this bill. The hearing took place in the Senate Committee on Public Health and Welfare on Wednesday, February 15. Our testimony can be found here.
  • So-Called Fairness in Women’s Sports Act: HB 2238 HB 2238 would require student-athletes to compete in gender-specific sports based on the student’s biological gender. The bill would require athletic sports in any public school or postsecondary educational institution to expressly designate sports as men-only, women-only, or coed. Male gender student-athletes would be prohibited from participating in sports designated for women or girls. The Kansas High School Activities Association, responsible for governing these activities, has long-standing policies. A similar bill passed the legislature last year and was vetoed by Governor Kelly.  KNEA submitted written testimony in OPPOSITION to this bill. The hearing took place in the House Committee on Education. Our testimony can be found here.

School Safety

  • Bullying Policy: HB 2143 would create a statute that explicitly outlines a bullying policy for school districts. KNEA submitted verbal testimony in OPPOSITION of this bill because of its prescriptive nature and its legislative overreach of the Kansas State Board of Education and local boards of education. The hearing took place in the House Committee on Education.  Our testimony can be found here.
  • Firearm Safety Training: SB 116 directs the Kansas State Board of Education to establish curriculum guidelines for firearm safety education and then outlines the use of the NRA’s Eddie Eagle program. KNEA submitted written testimony in OPPOSITION to this bill. The hearing occurred in the Senate Committee on Federal and State Affairs on Wednesday, February 8. The committee forwarded this bill to the full Senate, and a debate took place on Thursday, February 16, where several amendments failed and ultimately passed the Kansas Senate on a vote of Yea: 30 Nay: 8 (Click on the link to see how the Senate voted). Our testimony can be found here.
  • Purchasing Tobacco & Vaping Products: HB 2269 raises the minimum age for the sale, purchase, or possession of cigarettes, electronic cigarettes, and tobacco products to 21 years of age. KNEA submitted written testimony in SUPPORT of this bill. The hearing occurred in the House Committee on Federal and State Affairs on Thursday, February 9. Our testimony can be found here.
  • Safe Drinking Water: HB 2142 creates the Get the Lead Out of School Drinking Water Act and requires Kansas schools to comply with legal limits on lead content in school drinking water. We believe the bill is important to the safety and well-being of students and educators. However, KNEA SUPPORTED this bill with a joint testimony submitted by USA-Kansas which outlined a filter-first initiative to be adopted and questioned where the funding would come from for schools to comply with the legislative mandate. The hearing took place in the House Committee on Education on February 14. Our testimony can be found here.
  • Safe & Secure Schools: HB 2278 requires the Kansas State Department of Education to audit each school district’s policies and procedures for maintaining safe and secure school buildings. KNEA SUPPORTED this bill with a joint testimony submitted by KASB. The House Committee on Education hearing occurred on Tuesday, February 14. Our testimony can be found here.
  • CROWN Act: HB 2044 amends the Kansas Act Against Discrimination by adding “race” and “protective hairstyles” to the list of terms in the Act. “Race” would be defined to include traits such as hair texture and protective hairstyles. “Protective hairstyles” would include hairstyles such as braids, locks, and twists. KNEA submitted written testimony in SUPPORT of this bill. The hearing occurred in the House Committee on Federal and State Affairs on Thursday, February 16. Our testimony can be found here.

Misc. Education Policy

  • Open Borders Amendment: HB 2271 revises state law that passed last year creating open borders for all public school districts by specifying that non-resident children of staff members can attend the school district employing their parent or guardian. The amendment itself is current practice, but once the open borders law goes into effect, it could no longer be existing practice as those nonresident children would be subjected to the procedures outlined in the new law. KNEA submitted written NEUTRAL testimony. The hearing occurred in the House Committee on K-12 Education Budget on February 14. Our testimony can be found here.
  • Year-round School Mandate: HB 2224 increases the number of school days and hours that must be provided by school districts each year by requiring either 195 school days consisting of 8 school hours per day or 156 school days consisting of 10 school hours per day for students attending kindergarten through 12th grade. The bill strikes an existing law requiring not less than 1116 school hours each school year. HB 2224 would increase the school year by 444 hours or 55.5 days. It does not account for holidays or professional development days, making this essentially a year-round school mandate. KNEA submitted verbal testimony in OPPOSITION to the bill. The hearing took place in the House Committee on Education on February 15. Our testimony can be found here.
  • Future Teachers of the Year Scholarship Program: HB 2081 establishes a new scholarship program called the Aspiring Future Teacher of the Year Scholarship Program Act, intended to award eight scholarships annually in the amount $2,500 per semester.  The determination of scholarship recipients would be those who have similar backgrounds to previous recipients of the Kansas Teacher of the Year award. KNEA submitted verbal testimony in SUPPORT of this bill. The hearing took place in the House Committee on Education on February 15. Our testimony can be found here.
  • Revising definitions for Special Education Students: HB 2322 would revise the definition of “children with disabilities” to replace emotional disturbance with an emotional disability. KNEA submitted verbal testimony in SUPPORT of this bill with the assurance that it would not jeopardize any federal funding of special education services. The House Committee on Education hearing occurred on Thursday, February 16. Our testimony can be found here. 
  • Residency Requirements for Military Families. SB 123 would allow any veteran and the spouse or dependent of a veteran to pay resident tuition rates when enrolled or accepted for admission at a postsecondary educational institution if the veteran was stationed in the state for 11 months during the veteran’s service in the armed forces. KNEA submitted written testimony in SUPPORT of this bill. The hearing occurred in the Senate Committee on Education on Wednesday, February 15. Our testimony can be found here. 
  • So-Called Parents Rights: HB 2236 Establishing parents’ right to direct the education, upbringing, and moral or religious training of their children, including the right to object to harmful and inappropriate educational materials. This year’s watered-down version of the so-called Parents Bill of Rights was vetoed by Governor Kelly last year. KNEA submitted verbal testimony in OPPOSITION to this bill. The House Committee on Education hearing occurred on Wednesday, February 8. This bill passed out of the Committee on Thursday, February 16. We expect this bill to be debated on the house floor next week. Our testimony can be found here.
  • Teacher Mobility Compact: SB 66 would enact the Interstate Teacher Mobility Compact. The purpose of the compact is to facilitate the mobility of teachers across the member states with the goal of supporting teachers through a new pathway to licensure. The compact would establish a collective regulatory framework that expedites and enhances the ability of teachers to move across state lines. KNEA submitted verbal testimony in OPPOSITION to this bill. The hearing occurred in the Senate Committee on Education Monday, February 9. The bill passed out of the committee on Wednesday, February 15. Our testimony can be found here.

Elections 

  • Eliminating the advance ballot grace period: SB 209 would eliminate the grace period established in current law that allows advance ballots postmarked on Election Day and received by the Friday following Election Day to be counted. This bill establishes that advance ballots must be returned no later than 7 p.m. on Election Day. KNEA submitted verbal testimony in OPPOSITION to this bill. The hearing occurred in the Senate Committee on Federal and State Affairs on Tuesday, February 14. Our testimony can be found here.

KPERS 

  • Increasing KPERS Lump-Sum Death Benefit: SB 172 Under current law and upon the death of a KPERS retiree, a KPERS retiree’s beneficiary (or a funeral establishment, as directed by the retiree) is paid a lump-sum death benefit of $4,000, less any amounts payable for funeral benefits under the Kansas Police and Fireman’s (KP&F) retirement system. SB 172 would increase this lump-sum benefit to $6,000. The death benefit has not been adjusted since 1993. KNEA submitted verbal testimony in SUPPORT of this bill. We did so with the cautionary plea that the passage of this overdue legislation is not considered a comparable substitute for a cost-of-living adjustment, also known as a COLA. The hearing occurred in the Senate Committee on Ways and Means on Wednesday, February 15. Our testimony can be found here.
  • Working After Retirement: HB 2195 Changes the laws governing working after KPERS retirement. Under current law, when a KPERS retiree returns to work for a KPERS participating employer, if the employee earns greater than $25,000 in a calendar year, this threshold triggers a KPERS employer contribution rate of 30.0 percent on amounts above $25,000. For amounts under $25,000 the employer pays the statutory contribution rate, currently 14.33 percent in FY 2023. HB 2195 would make two changes to current law, including raising the threshold for the 30.0 percent employer contribution from $25,000 per calendar year to $35,000, and waiving the 30.0 percent contribution rate during an 18-month window from July 1, 2023, through December 31, 2024, when KPERS-participating employers would only make the statutory contributions on all KPERS retiree compensation. KNEA submitted verbal testimony in SUPPORT of this bill with two caveats: One, that proposals that water down licensing/certification standards should be avoided as often as possible. Two, educators that return to professional employment after KPERS retirement should be hired under the same professional negotiated agreement as the other professional employees of that district. The hearing took place in The House Committee on Financial Institutions and Pensions on Wednesday, February 15, 2023. Our testimony can be found here.

Taxes 

  • Individual Flat Income Tax: SB 169 Creates a significant tax cut for individual wage earners. Under current law, individual income tax rates are set at 3.1 percent for income under $15,000 ($30,000 for married filing jointly), 5.25 percent for income between $15,000 and $30,000 (between $30,000 and $60,000 for married filing jointly), and 5.7 percent for income $30,000 and over ($60,000 and over for married filing jointly). SB 169 would eliminate the individual income tax for taxpayers with income under $5,225 ($10,450 for married filing jointly) and set the individual income tax rate to 4.75 percent for income over $5,225 ($10,450 for married filing jointly) beginning in tax year 2024. KNEA submitted written testimony in OPPOSITION this bill on two grounds. One, flat income tax proposals are regressive in nature and create a higher burden on the wage earner at the lower end of the spectrum. Two, the unknown impact that this bill would have on the fiscal stability of the state. The hearing took place in the Senate Committee on Assessment and Taxation on Wednesday, February 15, 2023. Our testimony can be found here.
  • Individual, Corporate, and Financial Institution Flat Tax: HB 2061 creates a significant tax cut for individuals, corporations, and financial institutions. Under current law, individual income tax rates are set at 3.1 percent for income under $15,000 ($30,000 for married filing jointly), 5.25 percent for income between $15,000 and $30,000 (between $30,000 and $60,000 for married filing jointly), and 5.7 percent for income $30,000 and over ($60,000 and over for married filing jointly). HB 2061 would eliminate the individual income tax for taxpayers with income under $15,000 ($30,000 for married filing jointly) and set the individual income tax rate to 5.0 percent for income over $15,000 ($30,000 for married filing jointly).  Also, under current law, corporation tax rates are set at 4.0 percent of taxable income (normal tax), and an additional tax of 3.0 percent of taxable income (surtax) applies to taxable income in excess of $50,000. The bill would set the corporation tax rate at 5.0 percent of taxable income. The bill reduces the privilege surtax rate for national banking associations and state banks from 2.125 percent to 0.88 percent for net income in excess of $25,000. The bill reduces the privilege surtax rate for trust companies and savings and loan associations for tax from 2.125 percent to 0.96 percent for net income in excess of $25,000. All rate changes would begin in the tax year 2024. KNEA submitted verbal testimony in OPPOSITION to this bill for the same reasons that we opposed the bill listed above. One, flat income tax proposals are regressive in nature and create a higher burden on the wage earner at the lower end of the spectrum. Two, the unknown impact that this bill would have on the state’s fiscal stability. The hearing occurred in the House Committee on Taxation on Tuesday, February 14. The testimony can be found here.