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Minutes for SB114 - Committee on Education
Short Title
Authorizing nonpublic and virtual school students to participate in ancillary public school activities and making it unlawful for the Kansas state high school activities association and school districts to discriminate against such students based on enrollment status.
Minutes Content for Wed, Feb 12, 2025
Chairman Erickson opened the hearing on SB114. Assistant Revisor Tamera Lawrence, Office of the Revisor of Statutes, gave a brief overview of this bill. (Attachment 5)
Joshua A. Ney, Attorney, drafted and supports this bill because the (2023) House Substitute for SB113 was passed into law and gave homeschool and virtual school students the right to participate in high school sports and other activities at their local public school, provided certain statutory qualifications are met. After the passage of that bill, homeschool and virtual school students were allowed to participate in sports and other KSHSAA activities in their local district. USD 241 is the only district in the state that interpreted this new law to allow the district to expressly exclude these participating student athletes from formal events honoring the student athletes and lettering honors. These students were subjected to public humiliation both in front of the entire community during senior night at a winter basketball game and in front of their teammates, coaches, and the administration at the year-end activities banquet. Many have been intentionally and publicly excluded from district recognition as well as "all-student-athlete" photos and the yearbook.
Since the introduction of the bill, some Legislators have heard of situations involving students enrolled in the Kansas Academy of Mathematics and Science (KAMS) at Fort Hays State University, It is understood that KSHSAA would not allow these students to participate in district activities despite the local district wanting these students to play on their teams. A suggested amendment would be to allow KAMS students to participate in KSHSAA and local district events. (Attachment 6)
Keara Richardson, mother and homeschooler, told of her four children who were homeschooled but wanted to participate in sports, which in her rural community is often the only source of entertainment. After new legislation was passed to allowed the children to partake in school district sports, it was learned they would not be welcomed by everyone at the school which resulted in homeschooled children not being allowed to participate in the district's annual Senior Night. The school used (2023) House Substitute for SB113, a law meant to include non-public school students, to exclude and discriminate against them. Every non-public school student has a legal right to these activities and should not have to be burdened by unnecessary exclusion and the discriminatory behaviors a district may hold. (Attachment 7)
Aubrey Richardson, former homeschooler and sports participant at Wallace County High School, expressed her excitement to be privileged to play for her hometown high school thanks to (2023) House Substitute for SB113. However, the school refused to let her participate at the annual Senior Night and did not learn until at the Activities Banquet that they would not be allowed to receive their Letter or be in the pictures for these awards. This bill will protect non-public students, who have a legal right to participate in these activities, from discrimination. (Attachment 8)
Proponent Written Only Testimony:
Brittany Jones, Director for Policy and Engagement, Kansas Family Voice (Attachment 9)
Neutral Testimony:
Bill Faflick, Executive Director, Kansas State High School Activities Association (KSHSAA), stated the mission of KSHSAA is to serve students by providing leadership or the administration of education based interscholastic activities. Upon adoption of SB113, KSHSAA developed an application process by which families and student may pursue eligibility at their local public school without enrollment and attendance at that school. This allows the students demonstrate they satisfy the six individual eligibility criteria adopted by the membership of the KSHSAA as applied to this legislation. Schools are expected to learn and adhere to adopted rules which are consistent with governing statutes. The Association expects its member public schools to treat non-enrolled students like all other team members, school leaders would be reminded by and accountable to the KSHSAA for such compliance. (Attachment 10)
Discussion followed.
The Chair closed the hearing on SB114.
The meeting was adjourned at 2:18 pm. The next Senate Education Committee meeting will be held February 13, 2025 at 1:30 pm in Room 14-S.
