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Minutes for HB2410 - Committee on K-12 Education Budget
Short Title
Creating the Kansas school equity and enhancement act
Minutes Content for Fri, May 12, 2017
Representative Winn shared a handout and stated that when legislators speak of "at-risk" there is an implied understanding that such students are minorities. (Attachment 3) She shared statistics that show this is not true, but rather 10% of students are black, 30% are Hispanic, and 48% are white. There was a short discussion between Representative Winn and Mr. King about the identity of the under-performing students on which the Gannon court decision is focused on and whether the under-performing students are the same as the "at-risk" students who are defined by eligibility for free lunch. Mr. King answered "no" to the latter question and stated in response to the former that under-performing students were those that failed to meet standards on a varity of tests highlighted by the Court in the most recent Gannon opinion.
Representative Schwab distributed information related to a new balloon amendment concerning treatment for autistic students. (Attachment 4), (Attachment 5), (Attachment 6), (Attachment 7), (Attachment 8), (Attachment 9), (Attachment 10),
Jason Long reviewed the amendment. Representatives Lusk, Patton, Smith, Rooker, and Karleskint asked questions of the Revisor.
Representative Schwab moved that the Committee accept the balloon amendment Requiring ABA therapy. Representative Landwehr seconded the motion.
Representative Helgerson made a substitute motion to strike the original amendment requiring ABA therapy. Representative Rooker seconded the substitute motion.
Representative Schwab stated that this bill addresses the gap between poor students who cannot afford the therapy and the rich kids who have insurance.
Representative Aurand asked for a point of order and stated that Representative Helgerson's motion is out of order because it was substantially similar to a previous motion to reconsider the amendment. Chairperson Campbell ruled that Representative Helgerson's motion was in order.
After discussion with Representative Sawyer and Jason Long about the substitute motion, Chairperson Campbell changed his ruling and stated that the substitute motion was out of order.
Representative Aurand made a substitute motion to delay by one year the portion of the amendment requiring schools to provide ABA therapy. Representative Huebert seconded the motion.
With the agreement of the second, Representative Schwab amended his original motion to adopt this one-year delay of the mandate so that subsection would not be effective until July 2018.
Representative Rooker spoke to the costs of this program. She urged the Committee to reject Representative Schwab's amendment until such time as hearings can be held.
Representative Helgerson made a substitute motion, seconded by Representative Aurand, to delay both parts of the amendment until July 1, 2018.
Representative Landwehr spoke in support of the substitute motion. Representative Rooker asked Jason Long whether, when the money runs out, the mandate to provide the service would remain in force. Mr. Long answered that the mandate would remain in place even if the funds run out.
Representative Rooker urged the Committee to study this issue next year and not vote on this now. Representative Aurand stated that there are many questions about this issue, but the House Education Committee could hold hearings on it next year, and asked that the Committee support the substitute motion. Representative Schwab stated that the ABA therapy is early intervention, prior to age 6 in most cases, and he will support the substitute motion.
Representative Helgerson closed. The substitute motion passed.
Representative Rooker introduced an idea to raise the at-risk weighting. (Attachment 11) Jason Long explained her conceptual amendment would raise the at-risk weighting from 0.456 to 0.466, 0.476 or 0.486.
Questions were asked to Jason Long, Eddie Penner, and Jeff King by Representatives Vickrey, Hoffman, Landwehr, Aurand, Lusk, and Rooker. The responses from Mr. Long and Mr. Penner discussed the LPA recommendation to use an at-risk weighting of 0.484. Mr. King noted the importance of increasing funds available to under-performing students in a way reasonably calculated to lead to their success and how the proposed amendment would do so in line with the recommendations of a study emphasized by the Court.
Representative Rooker moved, Representative Trimmer seconded, that the Committee accept an amendment to raise the at-risk weighting from 0.456 to 0.484 consistent with the LPA study recommendation and strike language mandating transfers from the Local Foundation Budget for at-risk and bilingual programs.
There was a discussion on the amendment.
Representative Aurand requested to divide the amendment between part A, which would raise the at-risk weighting, and part B, which would strike language mandating transfers from the Local Foundation Budget for at-risk and bilingual programs.
The discussion on part A continued and Representative Rooker closed. The motion to adopt part A passed.
A long discussion on part B took place with Representatives asking questions of staff and making comments on part B of the amendment comparing the advantages of accounting for and targeting funds to under-performing students and the disadvantages of restricting local funds to at-risk spending and the disproportionate impact that such an approach would have on loacl flexibility by districts with a high at-risk population. Chairperson Campbell clarified what a yes and a no vote would mean on part B.
Representative Rooker closed. The motion to adopt part B passed on a vote of 9-7.
The Committee took a five-minute break.
The Chairperson announced that because a Committee member had to leave at 4 p.m., he has decided to adjourn until Monday. On Monday, final action will be taken on the bill. The Chairperson adjourned the Committee until Monday, May 15, after first recess or adjournment of the House.
