May 06, 2023

INSIGHT KANSAS: Legislative school choice battles: The aftermath

Posted May 06, 2023 10:15 AM

They waited ‘til the midnight hour, almost, it was the evening of the final day of the 2023 legislative session when lawmakers compromised on school funding and school choice voucher bills.

Republicans, Democrats, legislators from rural counties, and urbanites from up-scale northeast suburbs had been arguing almost non-stop since January. 

Since no group is happy with the Friday outcome, the closing bill SB113 appears to be a true compromise.

The bill proves some sense of rational lawmaking prevailed and it will go forward for the governor’s approval or veto.

Fortunately, SB113 continues the court-required education spending plan at S6.4 billion for the next two years but doesn’t include an additional $72 million for special education to meet the state’s statutory requirements.

Gone is the previous legislative proposal to award about $5,000 from the public school budget to current private school students who’ve never attended public school.

 Gone is the proposal to give $1,000 to each public school student next year for educational support such as tutoring or piano lessons.

Gone are the most egregious school choice schemes—Education Savings Accounts.  This proposal would have awarded about $5,000 of taxpayer funds for any public school student to attend private school, for homeschooling or to spend on academic learning services—all without adequate oversight or evaluation. Also gone is the ESA plan’s most recent iteration that would have awarded $5,000 vouchers to individual students but only those in the 10 most populous Kansas counties.  

The compromise bill, however, does expand school choice through the state’s single existing school choice program originally designed as scholarships for low-income, low-performing students.

The 2023 bill would extend scholarship opportunities to students whose families earn up to 250 percent of the federal poverty level, currently $69,375 for a family of four.  Recipients would be eligible for up to $8,000 per year to attend private schools that are accredited or are “working toward accreditation.” 

The scholarships are financed by individual and corporate donations that would give a 75 percent tax credit for donations up to $500,000 per year with fund disbursements capped at $10 million per year.

School choice supporters can claim compromise benefits because more Kansas students will have the opportunity to finance private schooling at least partially. 

School advocates gave up fully funding special education and accepted tax credit funding but can claim compromise benefits because ESA vouchers, the greatest threat to free public education for all, were averted. 

Tax credit scholarships drain taxpayer dollars indirectly because they diminish the larger, general fund. ESAs pull taxpayer dollars directly from budgeted school funds and thus weaken rural and small-town schools as well as fragment the education experience into multiple for-profit, ideological and religious segments that weakens the capability for citizenship instruction, a central mission of public schools.

As the single unifying institution of Kansas’ increasingly diverse population, safeguarding our local schools is vital.

It’s unfortunate that so much time was wasted in quarrels over school choice when it could have been devoted to important school needs like safety and security for students and teachers or ensuring all Kansas students have learning technology and internet access at home and school or increasing student achievement. 

Nevertheless, with the session behind us, we should respect our lawmakers’ passion and acknowledge their ability to compromise, though long overdue.  As has been often said, “better late than never.”

Sharon Hartin Iorio is the dean emerita of the Wichita State University College of Education.

Sources used in this report: KASB Resources—News; Sunflower State Journal; SB113.