Republicans call on Attorney General for "unconstitutional overreach" by Kelly/Toland Administration regarding education bill

A press release from the office of the Kansas Governor was released on Thursday, May 18, announcing that Governor Laura Kelly “fully funds schools for the fifth year in a row” and “protects rural schools.” According to the press release, this was done by Governor Kelly signing and line-item vetoing aspects of House Substitute for Senate Bill 113.

“Today, I am keeping my commitment to Kansas families by fully funding our public schools for the fifth year in a row,” said Governor Laura Kelly. “What’s more, I am proud to stand up for rural schools, the heart and economic engines of communities throughout the state, by rejecting efforts to cut the funding needed to keep them open and continuing to serve Kansas students.”

SB 113 is a complex, 31-page bill, with parts of seven different bills tied to school funding. According to the bill summary, this bill does a number of different things for Kansas education, including:

• Makes appropriations for the Kansas State Department of Education (KSDE) for FY 2023, FY 2024, and FY 2025;

• Amends the Kansas School Equity and Enhancement Act (KSEEA) with regard to the calculation of State Foundation Aid and specific weightings;

• Extends the high density at-risk weighting sunset;

• Amends various provisions of law related to K-12 education;

• Reduces the eligibility requirements for students who wish to take part in the Low-Income Students Scholarship Program;

• Increases the tax credit provision of the Low-Income Students Scholarship Program;

• Authorizes certain nonpublic school students to participate in activities regulated by the Kansas State High School Activities Association (KSHSAA);

• Extends the 20 mill ad valorem tax levy for two years and provides for the disposition of school district real property and allows the Legislature the right of first refusal to acquire the property.

The governor’s press release highlighted five things the version of the bill Governor Kelly signed would do including:

• Improves School Safety: The bill includes $5 million so schools can purchase communication equipment to better coordinate with law enforcement and purchase naloxone to combat fentanyl poisoning, something Governor Kelly called for in her 2023 State of the State address.

• Empowers Parents to Be Involved in their Children’s Education: The bill includes $9.4 million for Parents as Teachers, a program that provides parents with skills and knowledge about child health and development and connects them to community-based services to assist with their child’s education.

• Supports the Teacher Workforce: The bill includes $1.8 million to support teacher professional development and $1.3 million for a program that provides teachers early in their careers with mentors to support their professional growth.

• Invests in Early Childhood Education and Literacy: The bill includes $23.7 million from the Children’s Initiative Fund for the Early Childhood Block Grant to support children’s programs with a focus on early childhood, health, mental health, and child welfare. It includes $4.2 million for a Pre-K Pilot Program to explore ways more Kansas schools can prepare children for kindergarten, as well as $1.4 million for IT and data management in the early childhood space. It also includes $1.5 million to expand the Dolly Parton Imagination Library, a program that gifts books to children from birth to five years old for free.

• Gives Students the Technical Skills for a Modern Economy: The bill includes $1.5 million to transport students to career and technical education opportunities, $1 million to ensure more students learn computer science, and $40,000 for a pilot program expanding the ways students can receive career and technical education credentials.

Also, according to the governor’s press release, “Governor Kelly line-item vetoed appropriations in SB 113 that would have changed the school finance formula that determines the amount of funding annually appropriated by the state to public schools.”

The press release went onto claim that the provisions would have put the state at risk of not complying with constitutional funding requirements, possibly forcing rural schools to cut services and close buildings. The press release ends, stating, “The legislative debate on SB 113 recognized this bill contains items of appropriations of money, and the Governor has the constitutional power to line-item veto such appropriations.”

However, Kansas Senate President Ty Masterson (R) and Speaker of the House Dan Hawkins (R) pushed back against this claim, calling the line-item veto of policy provisions within SB 113 “unconstitutional overreach.”

In a joint statement made the same day, they state,

“The Legislative K-12 Education budget is an overall win for Kansas students and their education with a record amount of funding to K-12 public schools, full constitutional special education funding, and an expansion to a scholarship program for low-income students.

We are extremely concerned, however, that with the Kelly/Toland administration’s decision to line-item veto policy provisions within SB 113, the administration exceeded their authority under the Kansas Constitution, which limits line-item vetoes to items of appropriations. We strongly encourage the Attorney General to immediately review this unconstitutional overreach.”

Kansas Attorney General Kris Kobach has yet to release a statement regarding this issue.

After signing the bill with her line-item veto, Governor Kelly took to Twitter to announce that she “fully funded schools,” and she “stood up for rural schools.” 

When I took office, the State of Kansas had failed to fully fund our public schools for nearly a decade. Today, for the fifth year in a row, I signed legislation fully funding our schools.

— Governor Laura Kelly (@GovLauraKelly) May 18, 2023

She received hundreds of likes for this, but, while there were some positive comments thanking her, the overwhelming majority of comments were negative.

We are factually getting less GOV Kelly. You are sinking more of the states capital when truancy rates are above 24%.

— The Kansas Insider (@theksinsider) May 18, 2023

Great. However, even with all this money, KS ranks 33rd in the country in quality of education. You are, in fact, rewarding poor performance. Go you! pic.twitter.com/NAfP7t7d8l

— David Wiss (@reddleman1968) May 19, 2023

Then why r so many kids failing?!

— becky fuller (@rcfuller40) May 19, 2023

A few political figures from Kansas also quote tweeted Governor Kelly’s tweet.  Former Kansas Senator Michael O’Donnell (R) from Wichita, who has a sketchy past, but was acquitted of federal charges related to campaign finance violations in 2019, quote tweeted the following:

Thank you @sentymasterson and @DanHawkinsKS and the Republican legislators for your leadership to fully fund our schools #ksleg https://t.co/8bur9uXx57

— Michael O'Donnell (@MichaelKansas) May 18, 2023

Rep. Nick Hoheisel (R-Wichita) quote tweeted:

Notice the Governor didn't say she signed BIPARTISAN legislation that fully funds our schools. That's because only one Democrat voted for SB 113. For the 5th year in a row Republicans have put a bill on @GovLauraKelly's desk that fully funds education. #ksleg https://t.co/VQLdgux35D

— Rep. Nick Hoheisel (@RepHoheisel) May 18, 2023

Looking at the Kansas House, this is true. The vote was 83-37 with Rep. Marvin Robinson (D) of Wyandotte being the lone Democrat voting in favor of this bill. Rep. Robinson has voted in favor of few bills popular amongst Republicans, including voting to overturn Gov. Kelly’s veto on the Fairness in Women’s Sports Act which led to Democrats denouncing him, telling him he should “go die” and “has blood on his hands.”

Rep. Kirk Haskins (D-Shawnee County), who voted against the bill, quote tweeted his support of Gov. Kelly’s line-item veto.

Today, @GovLauraKelly used her veto pen to protect funding for rural schools, the hearts and economic engines of Kansas communities. Thank you #EducationGovernor! #ksleg https://t.co/iOoEmdtMee

— Rep. Kirk Haskins (@haskinsforks) May 18, 2023

Find Governor Kelly’s full message to the Legislature and more information about her line-item vetoes here.