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Minutes for HB2458 - Committee on Education
Short Title
Authorizing the state board of education to establish a new unified school district, if necessary, for the attachment of territory of a school district disorganized via voter petition and providing for administrative and judicial review of resolutions to permanently close a public school building.
Minutes Content for Wed, Mar 22, 2023
Chairman Thomas opened the hearing on HB2458. Each conferee was asked to keep their comments at two minutes. Further testimony can be found in the attachments for each person.
Jason Long, Revisor, gave a summary of the bill and answered questions from the Representatives. (Attachment 1)
Proponents (Oral)
Katie Whisman, on behalf of Wetmore Community Action Association, noted this is a companion bill to SB304, and shared the situation of Wetmore. There is a small school that is being closed this year. The Association feels this decision to close Wetmore was too swift. They have learned about other situations in the state that are similar. Local school boards have the power to close schools. She believes a due process review is needed. This bill is non-partisan and does not affect local control. HB2458 is a good piece of legislation that is in process, amendments are being worked on, and the bill will offer guidance and careful consideration for other communities that find themselves in this situation. (Attachment 2)
Josh Ney, Kriegshauser Ney Law Group, explained when there is a dispute about closing a school and possibly destroying a local community, when there is a question about closing the local school and busing kids over 30 miles of bumpy roads, the decisions are difficult. As a lawyer he advises his clients that there aren't many options for local citizens, because there is no appeal process for a school closing. There only option for appealing is in the disorganization statute. By petition they can force the disorganization of the local school district and then follow the steps to reorganize. This bill, using that process, would offer a very clear process to deal with these difficult situations. (Attachment 3)
Mike Kratky, Wilson High School Future Committee, explained Wilson is one of the five schools being closed this year. Wilson has two representatives on a seven member board. They feel the decision was made unfairly and without much discussion. This bill would allow for a better process to make decisions. (Attachment 4)
Analyssa Noe, Wetmore Community Action Association, stated that school closures are happening more and more, and the state needs to be ready for these situations. She shared her background in working with corporations that are making difficult decisions. She spent 150 hours studying the financial situation of the situation, she became alarmed that there was little or no guidance for how these decisions are being made. (Attachment 5)
Proponents (Written Only)
Danny Zeck, State Board of Education Member District #1, Private Citizen (Attachment 6)
A discussion ensued.
Opponents (Oral)
Jim Scoby, Resident of Sabetha, School Board Member USD #113, has served for 8 years. He assured the Committee that the Wetmore school closure was not a hasty decision. The situation had been part of school board discussions prior to his joining the board formally. Attendance has been falling for many years. The cost per student had increased. The present administration has tried to hold down their costs. But sadly, he explained, the time had come to make the hard decision. It was a very sad decision. However, Mr. Scoby noted, the second half of the bill would only extend what is a painful process. It would draw out the agonizing decision that in most cases has taken years to arrive at. (Attachment 7)
Leah Fliter, Kansas Association of School Boards, stated this is a very painful issue. Closing a school is a very hard thing. It is upsetting for the community. When a board looks to close a school it spends years of conversation and study prior to making a decision. KASB sympathizes with the very hard situation for this community, but they cannot endorse taking away the decision making of the local school boards. KASB always supports local control and believes we must trust the wisdom of the locally elected school board. (Attachment 8)
Opponents (Written Only)
Representative Randy Garber (Attachment 9)
Neutral (Oral)
Kathleen Lippert, Parent and Patron of USD 113, has been on the school board for many years. She noted that this bill draws out a painful decision and makes it even longer. It is traumatic for a town to lose a school. The situation in Wetmore was not a split second decision. In 2015 the legislative Post Audit came to Wetmore and advised that the school should be closed. The school board tried to keep it going. The school kept losing money. The district had to be fiscally financial. (Attachment 10)
Neutral (Written Only)
Paul Herl, Comptroller, KEIM/TS, Sabetha Resident (Attachment 11)
The Chairman closed the hearing on HB2458.
