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Minutes for HB2288 - Committee on Education
Short Title
Creating the Kansas student and educator freedom of religious speech act.
Minutes Content for Thu, Feb 21, 2019
Chairperson Huebert opened the hearing on HB2288.
Revisor Jason Long gave an overview of the bill and stood for questions.
The Chairperson invited the Oral Proponents to speak.
Representative Erickson, speaking as a proponent, stated this legislation shouldn't be necessary. Under the Constitution we have free speech rights, but those rights are being challenged. As a school administrator, she was told she needed to leave her religious beliefs at the door, and if she couldn't do that, she needed to to find something else to do. She noted that she has found something different and she is standing here today as one of the Representatives' peers. She believes school leaders and teachers should remain neutral in terms of religion, but that personal beliefs should be defended. (Attachment 2)
Proponent Brittany Jones shared that this bill will provide the freedom to live out one's beliefs. Schools are being attacked by those who are hostile towards people of faith. Groups such as the Wisconsin based atheist group, Freedom from Religion Foundation, that targets schools and other community groups, are working to have expressions of faith like prayer eliminated. She urged the Committee to support this common sense piece of legislation that fixes a grey area of first amendment law in Kansas. (Attachment 3)
Questions presented by the Committee were addressed.
Written only Proponents:
Ron Russell, Coach and Educator, Wichita Area (Attachment 4)
Rich Epp, Broadcaster (Attachment 5)
Dale Hale, Superintendent, USD 242, Weskan (Attachment 6)
The Chairperson invited Oral Opponents to speak.
Opponent Leah Fliter stated that Kansas Association of School Boards (KASB) is opposed to the bill because it could encourage costly litigation for local schools and school boards. Schools in Kansas are very flexible with student-led prayer and other expressions of religious belief and she urged the Committee to recognize that this bill is not needed. She explained that KASB is concerned about "model policies", and will always support local control. (Attachment 7)
Opponent Mark Desetti referenced the legal case of a coach praying with the students, Kennedy vs. Bremerton School District. Recently the supreme court turned this down and upheld the lower court which ruled that what the coach did was unacceptable. He noted that as a teacher he was aware how impressionable young children are. What a teacher says and does can change how a child sees the world. The Kansas National Association of Educators believes parents should have choice and control over their own child's religion and/or spiritual life. There is nothing that keeps children from praying in schools. All religious organizations are accepted. He urged the Committee to vote no on this bill. (Attachment 8)
Opponent Ed Peterson explained that his organization, Mainstream Coalition, was formed 25 years ago out of the issue of the separation of church and state. The case law that has come down from the higher courts is clear and there are many cases that can be used to make decisions. The present framework allows local units to make their decisions; offers clear guidelines schools can follow. This proposed bill is not as clear as what is already in place. These are fact intensive issues. He stated that this is a solution in search of a problem, and urged the Committee not to support this legislation. (Attachment 9)
The opponents stood for questions and there was a conversation with the Representatives.
Written only Opponents:
Monica Crowe, Board of the Kansas Parent Teacher Association (Attachment 10)
There was a spirited discussion with the conferees and the Representatives.
Chairperson Huebert closed the hearing on HB2288.
