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Minutes for SB304 - Committee on Education
Short Title
Authorizing the state board of education to establish a new unified school district, if necessary, for the attachment of territory of a school district disorganized via voter petition and providing for administrative and judicial review of resolutions to permanently close a public school building.
Minutes Content for Thu, Mar 16, 2023
Chairwoman Baumgardner opened the hearing.
The Revisor gave an overview of the bill. (Attachment 1)
Katie Whisman, Katie Whisman Consulting, spoke on behalf of Wetmore Community Action Association, whose mission is to advocate for policies supporting strong academic outcomes and economic development in rural Kansas communities. Wetmore is one of three rural communities facing closure of their public schools in 2023. These decisions have happened swiftly and in some instances, appear to have disregarded information demonstrating the closures were not financially justified.
Decisions regarding consolidation are sometimes necessary and just. Increasing financial strains and declining enrollment will cause these conversations and difficult decisions to be made with increasing frequency. Nothing in this bill changes that, nor does it propose to take authority away from any local board. It does propose to ensure due process and that such decisions weigh and meet a standard of reasonableness.(Attachment 2)
Josh Ney, Partner, Kriegshauser Ney Law Group, represents citizen groups in Wilson and Wetmore, cities in Kansas that are separated by over 200 miles. This bill was drafted to do two things: 1) create a streamlined process for reviewing the reasonableness of any local school board's decision to close a school; and 2) spell out an orderly process for communities to form or attach to other districts when citizens vote to disorganize. The bill would encourage deliberation, reasonableness, and compromise solutions in the local school board proceedings and deter unreasonable and political school board decisions that prioritize raw political competition between rural communities over the best interests of school children. It also includes more clarity to currently vague and ambiguous statutes and facilitates orderly deliberation regarding school board closures and district reorganization. (Attachment 3)
Michael Kratky represented the Wilson High School Future Committee. The USD 112 Board hired a configuration study and the results were reported back to the District on June, 2022. The configuration study showed closing Wilson would save $300k/year, while closing the southern grades 7-12 building would save $800k/year. This was projected for twenty-five years out. Although the study showed $500k/year savings difference between the two facilities, the Board began moving to close the Wilson facility without any advance notice to the public.
The current Board structures do not have equal representation and rural communities are being disenfranchised. A process for oversight and review of School Boards is needed. The current structure allows lopsided Boards to overpower smaller schools in a District, and the smaller schools don't have the ability to do what's best for their communities. We need this legislation for the Kansas Board of Education to have the authority to hold local Boards accountable to a standard or reasonableness. (Attachment 4)
Analyssa Noe represented Wetmore Community Action Association, whose mission is to advocate for policies that support strong academic outcomes and economic development in rural communities in Kansas. A decision whether to close a school is one of the most important, difficult, and impactful decisions a local School Board has the authority to make. Three School Districts are struggling with this type of situation. The Wetmore community has experienced three school closures in the past 10 years and one thing learned from those experiences is it's much easier for a community to accept if the board has a clearly justifiable rationale for the closure and a considerate and respectful approach to managing the transition. This bill is in a similar spirit. It provides a simple, rational, and non-controversial approach to help establish a level of reasonableness and we believe it will go a long way to minimize conflict and protect the board members who are responsible for dealing with closure and consolidation decisions in the communities. (Attachment 5)
Danny Zeck, District 1 Representative, Kansas State Board of Education, is familiar with the situations at both Wilson High School and Wetmore Academic Center and believes this bill provides valid and necessary measures for the local School Board members and the local citizens and communities they represent. One of the most important and most difficult decisions a local Board Member is required to make is school closure or consolidation issues.The proposed legislation would help to minimize future conflicts and will help to ensure citizens and local board members have the support and checks and balances that are needed to manage school closure and consolidation questions in a neutral and respectful manner. (Attachment 6)
Stan Keim, a parent of student in USD 113, presented neutral testimony. Under current statute, there is no means by which a new district may be created from a newly disorganized district territory. This bill creates such an opportunity. In February, 2023, after four months of public meetings and hearings, the USD 113 Board of Education voted to close the Wetmore Academic Center. Those who opposed the action are now circulating a petition to disorganize USD 113, hoping the State of Kansas will allow the organization of their own stand-alone district to serve their total enrollment of 125 students.
Mr. Keim expressed three concerns about the proposed amendments to K.S.A. 72-635 and four concerns regarding K.S.A. 72-1431. (Attachment 7)
Representative Randy Garber, District 62, Kansas House of Representatives, submitted written testimony in opposition to this bill stating this bill. (Attachment 8)
Discussion followed.
The Chair closed the hearing.
