Staff brief committee on Article 6, Gannon standards and 2024 education law changes including special education formula and at‑risk accountability

Nick Myers of the Office of Revisor of Statutes briefed the Committee on K‑12 Education Budget on the constitutional basis for public education (Article 6), the Kansas Supreme Court’s adequacy and equity framework in the Gannon litigation, and a set of statutory changes enacted in 2024 that the committee will implement and monitor.

Myers told the committee that Article 6 “requires the legislature to provide for the public education system” and that the legislature’s school‑finance duty has been interpreted by the Kansas Supreme Court to require financing that is both “adequate and equitable.” He reviewed the constitutional roles of the legislature, the State Board of Education and local boards and noted prior attorney‑general opinions and case law that shape the interaction among those entities.

Why it matters: committee decisions must be taken in the context of constitutionally required standards (ROWS capacities) and pending school‑finance litigation precedent. The committee’s budget and any statutory changes are evaluated against adequacy and equity tests the court has applied.

Myers summarized key 2024 statutory changes the committee will work under, including the following highlights from Senate Bill 387 and related measures:

- Education Funding Task Force: SB‑387 established an 11‑member Education Funding Task Force (plus four nonvoting ex‑officio experts) required to review the school‑finance system and submit recommendations to the legislature and governor by January 11, 2027. The current Kansas School Equity and Enhancement Act is set to sunset July 1, 2027.

- Special education finance: SB‑387 revised the excess‑cost calculation for special education, moved to calculate individual district excess costs (instead of only statewide), and required the State Board of Education to distribute any appropriated special education state aid above $528,000,000 via an equalization schedule based on those district excess costs. The statute continues a statutory target that state aid equal 92% of calculated statewide excess costs, subject to legislative appropriation. Myersexplained the changes in methodology for how local option budgets are factored into the excess cost calculation.

- Reporting and transparency: the State Board must publish district excess‑cost determinations and the Department of Education must report to the K‑12 and Senate education committees by January 31 annually on those amounts and distributions.

- Maintenance of effort: statute now includes a maintenance‑of‑effort floor — the legislature stated it will not appropriate less than the fiscal‑year‑2025 special education appropriation amount (noted in the meeting as $601,000,000) though appropriation remains subject to the legislative process.

- At‑risk accountability pilot and longer timeline: SB‑387 creates a pilot for 10 districts (selected by KSDE) in 2024–25 and 2025–26 to implement at‑risk student accountability plans; beginning 2026–27 the requirement applies statewide. Districts must choose cohorts (a grade‑3 cohort and a K–8 cohort including a free‑lunch cohort), set 4‑year quantitative academic improvement goals, use 2–4 targeted supports from a State Board–approved list, and perform longitudinal evaluation. Myers said the law was amended so that evidence‑based programs are judged on peer‑reviewed research that shows improved outcomes over a one‑year period rather than the prior five‑year benchmark. If cohorts repeatedly fail to meet goals, consequences for state at‑risk weighting begin in 2030–31: districts that miss targets may receive only half of that year’s base‑aid increase for at‑risk weighting, and districts that fail both cohort goals may receive no base‑aid increase for those weightings.

- Other SB‑387 changes summarized: open‑enrollment priority rules (in‑state students before out‑of‑state), protections for continuing enrollment of previously accepted nonresident or enrolled students, authority for districts to deny nonresident applicants for cause with appeal rights, exemptions of virtual schools from open‑enrollment requirements, and limits on discriminatory sales/leases of surplus school buildings to prospective nonpublic schools. The bill also moved toward full‑time‑equivalency (FTE) funding for part‑time enrollment and authorized virtual and nonpublic students to participate in KSHSAA activities under specified conditions.

- Accreditation and curriculum freeze: the statute now prohibits the State Board from revising ELA or math standards that were in effect July 1, 2024 until the state meets the statutory goal of 75% of students scoring at levels 3 and 4 combined on ELA and math assessments by 2030.

Myers also reviewed historical context: the special‑education funding share (now 92%) traces to the Montoy litigation and subsequent legislative responses. Members asked clarifying questions about measurement and assessments used to identify at‑risk students; Myers said district‑level determinations remain part of the process and that KSDE and district practice determine specific formative tools, while statutory definitions list qualifying criteria (for example, foster care status or being off‑grade level). Representative Nikki McDonald urged the committee to aim beyond minimum standards, observing that budgets reflect priorities. Representative Scott Hill said special‑education enrollment is increasing in his district, which framed later questions about whether funding formulas reflect differing enrollment trends across programs.

Ending: Myers told members the Education Funding Task Force will work on a comprehensive review before the 2027 sunset, and staff committed to providing the committee with updated reports and copies of the statutes and memos for follow‑up. The committee scheduled further briefings and budget deliberations in the coming two weeks.