By NICK GOSNELL
Hutch Post
HUTCHINSON, Kan. — The most controversial measure involving education thus far in the 2021 Kansas legislative session is a holdover from last year, according to the Vice President for Advocacy with the Kansas Association of School Boards.
"Last year, there was a strong interest in the House of Representatives to expand a fairly small program that we have in Kansas that provides tax credit, sort of taxpayer supported through tax credits, scholarships to private schools in a limited number of cases," said Mark Tallman with KASB. "There was interest in expanding that. That has now been heard in both houses."
The goal of the legislation is to allow any student who qualifies for free or reduced lunch to be eligible for the program, which would create a higher income ceiling for those eligible than is under current law and expand it to all schools in Kansas. Before, the program was for at risk students in low performing elementary schools.
"There was a U.S. Supreme Court ruling about a program very similar to Kansas in Montana," Tallman said. "The Supreme Court said that state constitutional provisions, which would, in the Supreme Court's words, discriminate against religious schools are not permitted. The court basically said, states are not required to aid private schools, but if they do, they can't discriminate between non-religious and religious schools."
Because of that decision, proponents of the program believe they are on solid legal ground to expand it, if that's what legislators want to do. KASB wants to be sure if it is done that it really applies to everybody.
"While school choice sounds appealing to give everyone an option, none of the programs that we've seen and none of the bills introduced actually guarantee that option would be available," Tallman said. "It's still up to the private school to make that decision. In our view, if private schools are privately funded, that's appropriate. That's their choice. If you start receiving public money though, we think that creates an obligation to serve the entire public."
Though the bill has been heard on both sides of the house, it remains to be seen what sort of support it will get on the floor of either one.
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