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The KBA Advocate is the weekly KBA legislative newsletter that contains up-to-date information on legislation that impacts your practice. It is only published when the legislature is in session and is sent to all KBA members electronically via the KBA Weekly.


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Top tags: Author: Joseph N. Molina III  2019 Session  2019-20  legislature  budget  election  Brownback  Supreme Court  Judicial Branch  school finance  Court of Appeals  Gannon  Hard 50  Kansas Supreme Court  Special Session  2016 Session  2017 session  2017-18  Alleyne  Fall Legislative Conference  merit selection  SCR 1610  Senate  Sine Die  State of the Judiciary  2019 Golf Tournament  2020 legislative session  Caleb Stegall  conference  election day 

Counting Continues...........

Posted By Joseph N. Molina III, Tuesday, August 14, 2018

Just last week Kansans went to the polls to select their candidates in the August Primary Election. Today, a full week later we are still counting votes. The Republican governor race is still in limbo. As of this writing, Kris Kobach leads Gov. Colyer by 206 votes; that is up from 191 on election night. But some big counties are reviewing provisional ballots as we speak, and things could change. See;

Further muddying the issue is the fact that some poll workers mistakenly advised unaffiliated voters to fill out provisional ballots instead of having them declare a party and then cast their vote. How those ballots are dealt with remains to be seen, but this is an area ripe for legal action.

As Republicans work the process and mull the possibility of a recount, Laura Kelly, the Democrat nominee, is fundraising and campaigning. Joining her is independent candidate Greg Orman who just last week turned in over 10,000 signatures to get on the general election ballot. See;

Democrats see an opening should Kobach win the nomination. One poll has shown Laura Kelly winning a three-way race against Kobach but losing to Colyer under similar circumstances. See;

Statewide Races General Election Match-Up

Secretary of State - Rep. Scott Schwab (R-Olathe) vs. Brian McClendon

Commissioner of Insurance - Sen. Vicki Schmidt (R-Topeka) vs. Nathaniel McLaughlin

Kansas Attorney General - Attorney General Derek Schmidt vs. Sarah Swain (D-Lawrence)

State Treasurer - Jake LaTurner vs. Sen. Marci Francisco (D-Lawrence)

Congressional Races

1st District - Congressman Roger Marshall easily won the primary race 79% to 21%. He should be reelected in November.

2nd District – Political newcomer Steve Watkins (R-Topeka) won a crowded primary field with 26% of the vote. He will face off against former state rep and the democrat nominee for the 2014 governor race Paul Davis (D- Lawrence). This should be an interesting race.

3rd District – Congressman Kevin Yoder won a three-way primary with 68% of the vote. He will face off against Sharice Davids. Another one to watch in November as many see this as a possible flip.

4th District – Congressman Ron Estes beat challenger Ron Estes. The Ron Estes’ won 100% of the vote in the 4th District. Congressman Ron Estes will face Wichita lawyer James Thompson. This is a rematch from the special election a few years ago where the congressman beat Thompson 52%-46%.

As elections go, this was and continues to be a very interesting year. Conservatives have the chance to claw back a few seats they lost in 2016, but Democrats see an opportunity to increase their numbers should the “Blue Wave” visit Kansas. How this all plays out remains to be seen but first, let’s finish counting the votes.

Tags:  election  Kris Kobach  Laura Kelly 

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Tuesday, August 7, 2018 PRIMARY ELECTIONS

Posted By Joseph N. Molina III, Tuesday, August 7, 2018


Polling places open TODAY 7:00 a.m. to 7:00 p.m.

No excuses. No rationalizations.

Embrace your civic duty:


Tags:  election  election day 

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Primary Elections—Campaign Finance

Posted By Joseph N. Molina III, Tuesday, July 31, 2018

Next week, Kansans head to the polls to vote in Republican and Democrat primaries. For most races, the primary will narrow the field to two candidates—except for the Governor’s race, where Independent candidate Greg Orman looms large.

In advance of the primary election, each campaign is required to release their finance reports. These reports, filed with the Kansas Governmental Ethics Commission, can be viewed here:

The big take away from the larger campaigns is the amount of self-funding. For instance, the Kobach campaign report indicates that running mate Wink Hartman has contributed well over $1 million to the campaign.  See;, See also;

In his effort to remain in office, Gov. Colyer has raised over $1.3 million and spent $1.2 Million. He has just over $175,000 remaining. Gov. Colyer did not report any personal loans to his campaign. The governor, at this point, leads all candidates for amounts raised from individual contributors with over $833,000 contributed. See;

Independent candidate Greg Orman loaned his campaign $650,000 in the week preceding the filing deadline. See; The report listed the contribution from a credit card but the Orman camp has clarified that the payment was made via check. Orman has received nearly $230,000 from individual contributions. See;

For the Democrats, Laura Kelly leads the way with $727,000 available this period. She spent nearly $500,000 and has over $235,000 left. She received over $570,000 from individual contributions this period. See;

Josh Svaty raised nearly $280,000. Of this mount more than 75% came from individual contributions. Svaty has spent almost $245,000. See;

Carl Brewer’s camp received $95,000 and spent $82,000 – See;

If you would like to receive an advance mail-in ballot, TODAY is the last day to apply. The application can be found here - You can also vote early by visiting your county clerk’s office. Those locations and hours of operation can be found here -

You can always opt to vote on election day, August 7th, at your polling place. Find your polling place by visiting this website -

Tags:  campaign finance  election  primary  primary election 

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Get Out and VOTE!

Posted By Joseph N. Molina III, Tuesday, July 24, 2018

Kansas Primary Elections – Tuesday, August 7th, 2018

This election cycle Kansans will vote to select:

  • new governor
  • state treasurer
  • new state Insurance Commissioner
  • Attorney General
  • four U.S. Congressional representatives
  • one Kansas Senator and
  • 125 Kansas House members

Advance voting is underway in Kansas.

To locate the site for advance voting in your county, please visit:

If you plan to vote on election day, you can find your polling place here:

Need to find out who your legislators are? Visit:

For more election information, visit: or

Get out and VOTE!!!!!!!


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The 2018 Adoption Protection Act

Posted By Joseph N. Molina III, Tuesday, July 17, 2018

One of the most controversial pieces of legislation in 2018 was the Adoption Protection Act. This proposal would prohibit negative consequences for child placement agencies that refused services due to sincerely held religious beliefs. Proponents of this bill believed this was a way to protect child placement organizations. Some opponents thought is was a form of discrimination. For our part the KBA opposed this proposal based on the best interest of the child standard.


See also;

This bill, originally introduced as HB 2687 and SB 401, initially failed to make it out of committee. However, it was attached on the Senate floor to a more benign proposal offered by the Kansas Judicial Council. The Judicial Council bill updated adoption and relinquishment provisions while the Adoption Protection Act protected child placement agencies with sincerely held religious beliefs. This combined bill can be found under SB 284. This combined bill was able to garner 63 House votes in what was one of the longer non-budget debates.


The Adoption Protection Act states, notwithstanding any other provision of state law and to the extent allowed by federal law, no child placement agency (CPA), as defined by the bill, shall be required to perform, assist, counsel, recommend, consent to, refer, or otherwise participate in any placement of a child for foster care or adoption when the proposed placement of such child violates such CPA’s sincerely held religious beliefs.

The bill also prohibits taking the following actions against a CPA, if taken solely because of the CPA’s objection to providing any of the services described above on the grounds of such religious beliefs:

  • Denial of a license, permit, or other authorization, denial of renewal of the same, or revocation or suspension of the same by any state agency or political subdivision;
  • Denial of participation in any program operated by the Department for Children and Families (DCF) in which CPAs can participate;
  • Denial of reimbursement for performing foster care placement or adoption services on behalf of an entity that has a contract with DCF as a case management contractor; or
  • Imposition of a civil fine or other adverse administrative action or any claim or cause of action under any state or local law.

The bill requires the CPA’s sincerely held religious beliefs to be specified in the CPA’s organizing documents, written policies, or such other written document approved by the governing body of the CPA.

The provisions of the bill do not apply to any entity while the entity has a contract with DCF as a case management contractor.

The Kansas Department of Children and Families contracts with two case management contractors, KVC Health Systems and St. Francis Community Services. These case management contractors then work independently with child placement agencies, some of which limit placement options based on the agency’s sincerely held religiously belief.

It has been recently reported that the Department of Child and Families will begin offering contracts to child placement agencies directly, effectively circumventing both case management contractors that are exempt from the Adoption Protection Act. See;


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Supreme Court Rule Changes

Posted By Joseph N. Molina III, Tuesday, July 10, 2018


To provide the most up-to-date information on rule changes the KBA Advocate will begin publishing Supreme Court Rule changes in its weekly blog in addition to legislative information.


This week please find the following rule changes:



I hope this proves useful!

Tags:  Kansas Supreme Court  rule changes  Rules 

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KBA President's Cup Golf Tournament RESULTS

Posted By Joseph N. Molina III, Tuesday, June 19, 2018
Updated: Tuesday, June 19, 2018

KBA President’s Cup Golf Tournament

Last Thursday, June 14th, the KBA held its annual golf tournament in Spring Hill, Kan. KBA members and supporters gathered at the beautiful Sycamore Ridge Golf Club for a challenging 18-hole scramble.
Photo Gallery

Tournament Results


Brian Doerr, John Duggan, Michael McGee and Andrew Spitsnogle from the law firm of Duggan, Shadwick Doerr & Kurlbaum LLC.
The winning score was -14 under par.


Sara Beezley, John Keller, Ann & Randy Timi


Joseph Molina, Josh Skiles and Cheryl Whelan

Proximity Prize winners include:

Closest to the Pin
Jerry Bales; Fred Starrett; Blake Vande Garde; Andrew Spitsnogle; and John Duggan

Longest Drive
Larry Bork & Cheryl Whelan

Longest Putt
Dan Hejtmanek

Closest 2nd Shot
Pat Salsbury 

I would like to personally thank the staff at Sycamore Ridge for doing a fantastic job on our event.


Special thanks to our sponsors:

The Bar Plan
Appino & Biggs Reporting Service, Inc.
Alcohol Detection Systems


We couldn’t coordinate this tournament
without help from our tournament committee:
Cheryl Whelan and Bill Sampson
with support from KBA staffers: Kathy Johnson and Ryan Purcell.


Thanks again and hope to see you next June at Topeka Country Club.

 Attached Thumbnails:

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Most Things Judicial

Posted By Joseph N. Molina III, Tuesday, June 5, 2018
Updated: Monday, June 4, 2018

With the legislative session nearly a month past, it is a good time to discuss legislation that made changes to the Kansas Judicial Branch. This week’s Advocate focuses on judicial budget issues and provides a summary for House Sub for SB 261.

Coming into the year, the Judicial Branch budget was relatively stable. The court system had enough funds to operate without the fear of furloughs or other budget-cutting issues. What currently plagues the court system is the loss of employees and difficulty filling open positions. The court found that these issues are attributable to low starting salaries and lack of pay increases. In 2017, most state employees received a 2.5% raise, but that increase merely offset the increase in healthcare premiums. This year, the court was asking for a larger increase for judges and nonjudicial staff. The court sought $19.7 million in its supplemental budget request.

The supplemental request included nearly $18 million in pay increases for judges and nonjudicial staff, just under one million dollars for 20 new FTE employees (clerks); $775K for seven new judges and accompanying staff, and $200K for office renovations.

The court previously asked for 80 new FTE but that number was lowered due to efficiencies gained through E-filing; the 7 new judges is a Blue-Ribbon Commission recommendation and the $200 K for office renovations is an attempt to locate all Court of Appeals judges on the same floor of the Judicial Center. However, the big ask was salary increases for staff.

Initially the Kansas Senate Ways and Means Subcommittee only recommended the $200K for office renovations with a promise to revisit the pay increase request during the Veto Session. The House Appropriations Committee recommended around seven million dollars for raises but only a two percent raise for judges.

In the end, both chambers agreed to pay increases of five percent for nonjudicial staff and 2.5 percent for judges. This is a good first step for judicial branch employees and something positive to build upon. The KBA would like to thank all those legislators who helped with this effort. A strong judiciary is critical for our three-tiered form of government to operate effectively.

SB 261

SB 261 is a bundled bill containing five separate proposals. Each of these proposals were individual bills that received a hearing in at least one chamber but for one reason or another did not get through the complete the legislative process on their own. SB 261 was designed for legislative efficiency, bundling these five related bills into one and passing them together. To better understand those issues, please review this summary from the Kansas Legislative Research Department.

 State Agency Duties—Docket Fees, Marriage Licenses, Regulation of Scrap Metal, Crime Victims Compensation Board, and Appointment of an Appraiser; SB 261

SB 261 amends provisions concerning state agency duties regarding:

  • docket fees
  • marriage licenses
  • the regulation of scrap metal
  • the Crime Victims Compensation Board
  • transfer of the duty to appoint an appraiser

Docket Fees
The bill amends the statute governing disposition of docket fees to extend from June 30, 2019, until June 30, 2021, the period during which the state treasurer shall deposit and credit the first $3.1 million to the Electronic Filing and Management Fund. Beginning with the fiscal year ending June 30, 2022, the bill increases from $1.0 million to $1.5 million the amount the state treasurer is directed to deposit and credit to the fund in subsequent years.

Marriage Licenses
The bill replaces the requirement that the judge or clerk of a district court record the marriage on the court’s marriage record and forward the license, marriage certificate, names of the parties, and name and address of the officiant to the secretary of health and environment with a requirement that the judge or clerk submit the information from the license to the vital statistics integrated information system maintained by the secretary, or by other means as designated by the secretary and the judicial administrator. The bill removes a requirement that the judge or clerk notify the secretary if no marriage license has been issued during a month.

Scrap Metal Theft Reduction Act
The bill delays or makes unenforceable certain provisions of the Scrap Metal Theft Reduction Act until January 1, 2020. The following provisions are delayed by the bill:

  • A requirement the attorney general establish a central database for the act and certain actions required of scrap metal dealers related to registering for the database;
  • The ability for the attorney general, upon a finding that a scrap metal dealer has violated any provision of the act, to impose a civil penalty not less than $100 nor more than $5,000;
  • The requirements that a scrap metal dealer obtain a copy of an identification card of a seller of scrap metal and a photograph of the item or items being sold; and
  • A prohibition until January 1, 2019 on certain actions related to the purchasing and disposing of scrap metal.

The bill requires the attorney general to report to the president of the senate, speaker of the house of representatives, and standing judiciary committees on or before February 1, 2019, on the progress toward establishing the required database.

Crime Victims Compensation Board
The bill amends law governing awards from the Crime Victims Compensation Board. Specifically, the bill amends the definition of “collateral source” to specify it means the “net financial benefit” received by a victim or claimant from various sources and excludes taxes, legal fees, costs, expenses of litigation, liens, offsets, credits, or other deductions from the benefit received. The definition is also amended to include “damages awarded in a tort action” received by or readily available to the victim or claimant.

Transfer of the Duty to Appoint an Appraiser
The bill amends law requiring an appraisal prior to the state purchasing or disposing of any real property. The bill transfers the duty to appoint an appraiser with no conflict of interest from the judicial administrator to the director of property valuation, the head of the department of revenue’s division of property valuation. Similarly, if the county assessment value of the real property is more than $200,000, the bill allows the director of property valuation, rather than the judicial administrator, to appoint three appraisers who have no conflict of interest in the purchase or sale of the real property involved in the transaction.

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New Rules and Regs Law (HB 2280)

Posted By Joseph N. Molina III, Tuesday, May 29, 2018
Updated: Tuesday, May 29, 2018

On May 18th Gov. Coyler signed into law HB 2280. This bill revises the Rules and Regulations Filing Act. The new law provides stricter guidelines for the rule-making process, grants authority to the director of budget to review and approve of proposed rules and regs, and alters the State Rule and Regulations Board. It also requires an evaluation of the economic impact statements by the Legislative Division of Post Audit.

The bill was introduced as HB 2526 and heard by the House Commerce, Labor and Economic Development Committee. There were three proponents of the bill, one neutral and no opponents of the bill. The proponents included Rep. John Carmichael, Rep. Ron Highland and lobbyist Tuck Duncan. The neutral conferee was the Kansas Chamber of Commerce.

Kansas Chamber of Commerce

Rep. John Carmichael

Rep. Ron Highland

R.E. “Tuck” Duncan

HB 2280 imposes a new requirement on executive branch agencies and staff (agency lawyers) to include more information when trying to adopt a new rule/reg or attempting to amend an existing rule/reg. The law now requires the agency and its director to submit an economic impact statement that includes a cost-benefit analysis. It further requires that the economic impact statement address which business sectors would be affected and those business sectors be consulted.

In summary, HB 2280 adds new requirements when adding or changing a rule or regulation. It adds individuals to the State Rules and Regulations Board, it requires agencies to draft an economic impact statement and develops an approval process for the director of the budget.

Below is a summary drafted by the Kansas Legislative Research Department for HB 2280.

Economic Impact Statements

The bill revises the contents of the economic impact statement that accompanies a state agency’s proposed rule and regulation or, if applicable, the proposed amendment to a current rule or regulation. Currently, an economic impact statement includes a description of:

● The proposed rule and regulation;

● The extent to which the proposed rule and regulation is required by federal law;

● The cost, including the government agencies and other persons who will bear the expense; and

● Any less-intrusive or less-costly methods to achieve the same end and the reasons for rejecting those methods.

The bill deletes references to the descriptions of cost and alternative means, and requires instead an economic impact statement to include a quantified cost-benefit analyses to be performed by the state agency and the director of the budget. If a state agency’s proposed rule and regulation would address a policy issue differently than a neighboring state’s agency or the federal government, the state agency will be required to include an explanation.

The economic impact statement will include an analysis that addresses the following factors:

● The extent to which the rule and regulation will enhance or restrict business activities and growth;

● The economic effect on the Kansas economy, including specific businesses, business sectors, public utility ratepayers, individuals, and local units of government;

● The businesses that will be affected directly;

 ● The benefits compared to the cost;

 ● Measures taken by the agency to minimize the cost and impact on businesses and economic development within the state, local units of government and individuals;

● An estimate of the total annual implementation and compliance costs, which will be expressed as a single dollar amount, that will be expected to be absorbed by businesses, local units of government or members of the public, and which will include an agency determination of whether these costs will exceed $3.0 million over a two-year period; and

In addition, the bill requires state agencies to consult and solicit information from businesses, business associations, local governmental units, state agencies or institutions, and members of the public who may be affected by the proposed rules and regulations or who may provide relevant information.

Approval Process by the Director of the Budget

Prior to an agency submitting a proposed rule and regulation to the secretary of administration and the attorney general, as required by law, the agency will send the proposed rule and regulation to the director of the budget, who will conduct an independent analysis, using the factors specified above, to determine whether the costs incurred by non-state government entities will be $3.0 million or less over a two-year period. The director will approve the proposed rule and regulation for submission to the secretary and attorney general if it is determined the impact will be less than or equal to $3.0 million. If the impact exceeds $3.0 million, the director may either disapprove the proposed rule and regulation or approve it, provided the agency conducted a public hearing prior to submitting the proposed rule and regulation and found the costs have been accurately determined and will be necessary for achieving legislative intent.

Starting with the 2019 Legislative Session, the director of the budget will submit an annual report to the legislature and the joint committee that will include the text of each rule and regulation reviewed, the final economic impact statement, and a summary of the analysis supporting the director’s decision. If the legislature is in session, the director will submit a separate report to the legislature and the joint committee regarding the director’s decision involving a proposed rule and regulation determined to cost more than $3.0 million over a two-year period.

Composition of the State Rules and Regulations Board

The bill amends statutes governing the appointment of members to the state board. The bill adds a member of the minority party to the membership of the state board, along with the chairperson of the Senate Committee on Ways and Means (in even-numbered years) or the chairperson of the House Committee on Appropriations (in odd-numbered years). Under the provisions of the bill, the new minority party member of the state board will be either the ranking minority member of the joint committee or a member of the joint committee appointed by the minority leader of the same legislative chamber as the joint committee chairperson.

Composition and Powers of the Joint Committee on Administrative Rules and Regulations

 A ranking minority member will be designated for the joint committee by the minority leader of the senate or house, as will be applicable, so that the chairperson and the ranking minority member will be from the same chamber. Following each of its meetings where comments, recommendations, and concerns are expressed while reviewing proposed rules and regulations, the joint committee will issue a report to the legislature. The report will be made available to each agency that had proposed rules and regulations. If it will be impractical to finalize a report in time for an agency’s public hearing on the proposed rules and regulations, a preliminary report will be made available to the agency. In that case, the preliminary report will be made part of the final report, and it will be made available to each agency.


In 2021, the Legislative Post Audit Committee will direct the Legislative Division of Post Audit to conduct an audit that studies:

● The accuracy of economic impact statements submitted by state agencies for the preceding seven years;

● The impact the director’s review has had on the accuracy of economic impact statements; and

● Whether the $3.0 million threshold is the appropriate level to trigger an additional public hearing.

The bill becomes effect on publication in the Kansas Register.

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School Finance Law & Lawsuit (Summary of Sub. for SB 423)

Posted By Joseph N. Molina III, Tuesday, May 22, 2018
Updated: Tuesday, May 22, 2018

School Finance Law & Lawsuit

At 9:00 a.m.  on Tuesday, May 22nd the Kansas Supreme Court gaveled in to hear arguments on whether the newly passed school finance bill was constitutional. That bill, Sub for SB 423, is the focal point of arguments and the ultimate decision will determine whether schools reopen this fall.

This hearing is the culmination of a lawsuit filed in 2010 by several Kansas school districts. The Kansas Supreme Court has until June 30th—a self-imposed deadline—to render a decision. The options are simple: find the law constitutional and close the case, or find the law unconstitutional and close schools. There might be an alternative where the law is found unconstitutional, but the Court gives the Legislature more time to fix those issues. No one can predict the outcome.


Sub. for SB 423 is a complex bill that crafts a new school finance formula among other policy provisions. The Kansas Legislative Research Department has provided the following summary of the bill:

K-12 School Finance; Amendments to the Kansas School Equity and Enhancement Act; Sub. for SB 423

Sub. for SB 423 makes appropriations to the Kansas State Department of Education (KSDE) for FY 2019. This bill also creates a new pilot program for the Mental Health Intervention Team between school districts and community mental health centers (CMHCs). In addition, the bill makes several amendments to the Kansas School Equity and Enhancement Act (KSEEA), including amendments to the Base Aid for Student Excellence (BASE), pre-school-aged at-risk students, the Local Option Budget (LOB), various weightings in the school finance formula, the State Board of Education’s (KSBE) accreditation system, school district funding requirements, and the schedule for audits to be completed by the Legislative Division of Post Audit (LPA). The bill also amends statutes relating to capital outlay funds and school district capital improvements.

Introductory Statement

The bill includes an introductory statement stating the State’s educational interests concern the areas of social-emotional learning, kindergarten readiness, individual plans of study, graduation, and post-secondary success, and the State addresses such interests by providing support and services both in the classroom and in the community. Further, the introductory statement summarizes appropriations for K-12 education, as well as appropriations for support services provided by other state agencies and institutions for students from birth to graduation.

FY 2019 Appropriations

The bill appropriates $26.0 million, all from the State General Fund (SGF), for increased State Foundation Aid payments. The bill also appropriates $32.4 million for increased Special Education Services Aid payments and $6.0 million for increased Supplemental State Aid (LOB State Aid) payments, all from the SGF.

The bill appropriates $2.8 million, all from the SGF, to provide the ACT and three ACT WorkKeys assessments required to earn a national career readiness certificate to each student enrolled in grades 9-12. No such student is required to pay any fees or costs, and no school district is required to provide more than one exam and three assessments per student. Further, the bill appropriates $500,000 for the mentor teacher program, all from the SGF.

The bill appropriates $10.0 million, all from the SGF, for the first year of a Mental Health Intervention Team pilot program between school districts and CMHCs for FY 2019, including $7.5 million for the operation of the pilot program and $2.5 million for the one-time purchase of a database. Upon the certification of memorandums of understanding between participating school districts and CMHCs, the bill requires the transfer of $1.5 million from KSDE to the Kansas Department for Aging and Disability Services (KDADS) to provide treatment and services for students under the pilot program who are uninsured or underinsured.

The bill appropriates $15,000, all from the SGF, to implement the Jobs for America’s Graduates–Kansas (JAG-K) pilot program for foster children in the Wichita school district (USD 259), the Topeka school district (USD 501), and the Kansas City school district (USD 500).

Mental Health Intervention Team Pilot Program

The bill creates the Mental Health Intervention Team pilot program between participating school districts and CMHCs for FY 2019. School districts will enter memorandums of understanding with participating CMHCs and the appropriate state agencies. The mental health intervention teams will be composed of school liaisons employed by the school district, and clinical therapists and case managers employed by the CMHC.

The following will participate in the program:

● Twenty-three schools in the Wichita school district (USD 259); ● Twenty-eight schools in the Topeka school district (USD 501); ● Ten schools in the Kansas City school district (USD 500); ● Five schools in the Parsons school district (USD 503); ● Four schools in the Garden City school district (USD 457); and ● Nine schools served by the Central Kansas Cooperative in Education.

The bill requires the Director of the Division of Health Care Finance of the Kansas Department of Health and Environment to certify to the Director of the Budget and the Director of Legislative Research the aggregate amount of expenditures for FY 2019 for treatment provided to students under the pilot program or provided based on a referral from such program.

Base Aid for Student Excellence

The bill amends the BASE for five years beginning in school year 2018-2019. The new BASE amounts are: ● School year 2018-2019, $4,900; ● School year 2019-2020, $5,061; ● School year 2020-2021, $5,222; ● School year 2021-2022, $5,384; and ● School year 2022-2023, $5,545.

Beginning in school year 2023-2024, the BASE will increase by the average percentage increase in the Consumer Price Index for all urban consumers in the Midwest region during the three immediately preceding school years. SB 19 (2017) provided for inflationary increases beginning in school year 2019-2020.

Preschool-Aged At-Risk

The bill amends the definition of “preschool-aged at-risk student” to allow districts to expand their programs to include three-year-old children.

Local Option Budget

 Use of LOB

The bill requires each school district to adopt an LOB equal to 15.0 percent of the school district’s Total Foundation Aid. The amount, along with the LOB State Aid attributable to that required LOB, will be included in a district’s Local Foundation Aid. The required LOB dollars will be included in the BASE amount, and the bill revises the BASE to reflect this increase.

Beyond the required LOB amount, school districts may adopt an LOB up to 27.5 percent of a district’s Total Foundation Aid on the action of local school boards. The maximum LOB amount a school district may adopt is 30.5 percent of Total Foundation Aid, which is subject to a protest petition.

The Total Foundation Aid amount used for LOB purposes divides the total Special Education Services Aid received by a school district by 85.0 percent of the BASE. The resulting quotient is then used to calculate a school district’s Total Foundation Aid.

Further, the bill requires school districts to transfer from the LOB an amount proportional to the amounts of its Total Foundation Aid attributable to the at-risk and bilingual weightings to their at-risk and bilingual funds.

LOB Authority

The bill voids any resolution providing LOB authority in excess of 30.0 percent that was adopted by a local school board prior to July 1, 2017, under the provisions of the Classroom Learning Assuring Student Success Act and not submitted to the electors of the school district for approval. Any school district affected by this provision will be required to adopt a new resolution subject to protest petition to adopt an LOB above 27.5 percent.

The bill increases the protest petition requirements to challenge an LOB increase above 27.5 percent from 5.0 percent of a school district’s qualified voters in 30 days to 10.0 percent of voters in 40 days.

The bill requires any school board seeking to raise its LOB authority for the succeeding school year to notify KSBE of the intended percentage increase in its LOB authority by April 1 of the current school year. School boards are prohibited from adopting an LOB in excess of the authority stated in its notice submitted to KSBE. KSBE is required to submit all such notifications to the Legislature. The notification requirement takes effect for any planned increases in LOB authority during school year 2019-2020.

LOB State Aid

The bill changes the process for calculating LOB State Aid from a school district’s LOB for the immediately preceding school year to a school district’s current-year LOB.

Formula Weightings

Transportation Weighting

The bill amends the transportation weighting in the KSEEA. The transportation weighting will be calculated based on a per capita allowance based on a school district’s density figure, which is the area of a school district in square miles divided by the number of transported students. The bill also provides for a statutory minimum level of transportation funding; provides for per capita allowances based on a cost factor of 5.0 for students more than 2.5 miles away from their school (prior law provided for a cost factor of 2.8); and limits the proportion of a school district’s State Foundation Aid attributable to the transportation weighting to being no more than 110.0 percent of a school district’s total transportation expenditures for the immediately preceding school year.

 At-Risk and Other Weightings

The bill removes language that provides for a 10.0 percent minimum for the at-risk student weighting. The bill also delays to July 1, 2020, the sunset on the provision in the high density at-risk weighting that allows for calculation of the weighting at the school-building level.

 The bill changes the use of the preceding year’s data to use of the current year’s data for the bilingual and career and technical education (CTE) weightings and repeals the July 1, 2019, sunset for the CTE weighting.

KSBE Accreditation System

The bill requires KSBE to establish rigorous accountability measures in the areas of social-emotional learning, kindergarten readiness, individual plans of study, graduation, and postsecondary success. The bill requires such accountability measures to be applied at the school district level and the school building level, and both KSBE and local school boards are required to publish such accountability measures on their websites.

The bill also requires any corrective action plan required by KSBE for a school district not meeting accreditation requirements, and any subsequent reports regarding the implementation of such a corrective action plan, to be published on the websites of KSDE and such school district. In addition, the bill requires the superintendent, or the superintendent’s designee, of any school district not meeting accreditation requirements to appear before the House Committee on Education and the Senate Committee on Education during the same school year in which the school district is not accredited. Such school district is required to provide a report to the House and Senate education committees on the challenges to the district regaining accreditation.

School District Funding Reporting Requirements

The bill requires KSDE to include the following in the annual school district funding reports:

● Expenditures and fund transfers from the LOB for the following: ○ At-risk education programs and services; ○ Preschool-aged at-risk education programs and services; ○ Bilingual education programs and services; ○ CTE programs and services; ○ Special education and related services; and ○ Virtual school programs and services; and ● Each school district’s total bonded indebtedness.

Performance Audit Schedule—Legislative Post Audit

The bill makes several changes to the schedule for the performance audits to be completed by LPA. The new schedule is:

● FY 2019, special education and related services; ● FY 2020, at-risk education funding; ● FY 2021, cost-function analysis of statewide education performance; ● FY 2022, bilingual education funding; ● FY 2023, virtual school programs; and ● FY 2024, cost-function analysis of statewide education performance.

The bill removes from the schedule a cost-function analysis that was to be performed in 2019. The remaining cost-function analyses will not include special education and related services. The bill also removes two performance audits to identify best practices in successful schools that were to be performed in 2021 and 2026.

Use of Capital Outlay Funds

The bill eliminates the provision of current law that allows school districts to expend capital outlay funds on utilities and property and casualty insurance.

School District Capital Improvements

The bill amends current provisions that allow KSBE to approve an application for a bond election only if approval does not result in the aggregate amount of all general obligation bonds approved by the KSBE for such school year exceeding the aggregate principal amount of bonds retired by districts in the state in the preceding year (aggregate principal amount). The bill provides that for an application in excess of $175.0 million, KSBE will apply an amount of $175.0 million when determining whether the aggregate principal amount has been exceeded. Additionally, commencing in school year 2017-2018, KSBE is required to determine the aggregate principal amount by adjusting the aggregate principal amount by the five-year compounded producer price index industry data for new school buildings as reported by the Bureau of Labor Statistics.

Effective Dates

The bill takes effect upon publication in the Kansas Register. However, all provisions other than the use of current year data for the bilingual and CTE weighting will be effective on and after July 1, 2018.


Please note: The above information was taken from Kansas Legislative Research Department’s 2018 Supplement to Preliminary Summary of Legislation • 2018 Kansas Legislature • April 12, 2018

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