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Feb. 24, 2019
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Minutes for HB2445 - Committee on K-12 Education Budget

Short Title

Amending the Kansas school equity and enhancement act regarding local option budget provisions, certain weightings, capital outlay expenditures and repealing provisions of the CLASS act.

Minutes Content for Thu, Mar 22, 2018

Chairperson Patton opened the meeting of the House K-12 Education Budget Committee and greeted everyone.  He acknowledged that Curt Tideman, Attorney for the Kansas House of Representatives was present to answer questions.  Also, Justin Stowe, Legislative Interim Post Auditor, Legislative Division of Post Audit was in attendance today to assist in answering questions.

Senior Assistant Revisor, Jason Long, was recognized by Chairperson Patton.  Revisor Long gave a brief overview of what was in HB2445. (Attachment 1)  He stated HB2445 primarily addresses the equity issues identified by the Kansas Supreme Court in its Gannon V decision.  Questions from members were answered by Revisor Long, Mr. Tideman, Dale Dennis, Deputy Commissioner, Kansas Department of Education, and Eddie Penner, Legislative Research Department.

Representative Melissa Rooker asked if Mr. Penner could brief the Committee on the testimony which was heard in the Senate in regard to replacing the curve of best fit with stair steps, or tiny plateaus.  He orally highlighted the materials and indicated that he could personally provide those documents to any individual requesting such.

Chairperson Patton asked Mr. Tideman to explain the non severability clause in SB19 and how it works.  Mr. Tideman stated the Legislature could permit the Kansas Supreme Court to strike pieces of the legislation which would be to include a severability clause or the Legislature could provide the Court with a non severability clause which is an all-or-nothing scheme.

Representative Rooker moved to adopt a balloon amendment changing the years in which post audits would be conducted, Representative Lusk seconded(Attachment 2)  Discussion ensued.

Representative Aurand made a substitute motion to replicate Representative Rooker's motion and to change two audit dates: add special education in 2019 and move virtual school to 2023 and to direct the Revisor to work with the Legislative Post Auditor on the description of that audit to be added to the statute, Representative Vickery seconded.  Discussion ensued.  Representatives Rooker and Lusk agreed to the substitute motion.  Representative Aurand closed on his substitute motion.  On a voice vote, motion carried.

Representative Trimmer moved to adopt a balloon amendment which strikes the bond cap provision that was inserted in SB19 last year, Representative Rooker seconded(Attachment 3) Following discussion, Representative Trimmer closed on his motion.  Motion carried with a hand count of 9 to 5.

Representative Smith moved to adopt a balloon amendment to return out-of-state students to full time equivalents (FTE) rather than 3/4 FTE in 2019-2020 and also 2020-2021 and 1/2 FTE in 2021-2022, Representative Trimmer seconded. (Attachment 4)   Following discussion, Representative Smith closed on his motion.  A voice vote was taken and division was called.  Motion failed with a hand count of 7 to 8.

Representative Smith moved to adopt a balloon amendment whereby a non resident student would not be counted as one FTE if the school such student attends is located more than eight miles from the Kansas state line by the usually traveled road(Attachment 5)  Discussion ensued.  Representative Smith withdrew his motion.

Representative Rooker moved to adopt a balloon amendment that would strike two sunset dates of July 1, 2019 on two specific weightings in SB19 and allow the weightings to continue, Representative Trimmer seconded. (Attachment 6)  Following discussion, Representative Rooker closed on her motion.  On a voice vote, motion carried.

Chairperson Patton announced that there will be a revised agenda for next week's meetings and he adjourned the meeting at 2:47 p.m.