Session of 2023
House Concurrent Resolution No. 5010
By Representative Poskin
2-8

1 A PROPOSITION to amend section 6 of article 6 of the constitution of
2 the state of Kansas; prohibiting public funds from being used for
3 private nonpublic schools.
4
5 Be it resolved by the Legislature of the State of Kansas, two-thirds of the
6 members elected (or appointed) and qualified to the House of
7 Representatives and two-thirds of the members elected (or appointed)
8 and qualified to the Senate concurring therein:
9 Section 1. The following proposition to amend the constitution of
10 the state of Kansas shall be submitted to the qualified electors of the state
11 for their approval or rejection: Section 6 of article 6 of the constitution of
12 the state of Kansas is hereby amended to read as follows:
13 "§ 6. Finance. (a) The legislature may levy a permanent tax
14 for the use and benefit of state institutions of higher education and
15 apportion among and appropriate the same to the several
16 institutions, which levy, apportionment and appropriation shall
17 continue until changed by statute. Further appropriation and other
18 provision for finance of institutions of higher education may be
19 made by the legislature.
20 (b) The legislature shall make suitable provision for finance of
21 the educational interests of the state. No tuition shall be charged for
22 attendance at any public school to pupils required by law to attend
23 such school, except such fees or supplemental charges as may be
24 authorized by law. The legislature may authorize the state board of
25 regents to establish tuition, fees and charges at institutions under its
26 supervision.
27 (c) No religious sect or sects shall control any part of the
28 public educational funds public moneys shall be appropriated or
29 paid nor any public credit shall be utilized by the legislature or any
30 other political subdivision of the state, directly or indirectly, to aid
31 or maintain any private nonpublic school that provides elementary
32 or secondary education."
33 Sec. 2. The following statement shall be printed on the ballot with
34 the amendment as a whole:
35 "Explanatory statement. The purpose of this amendment is to
36 prohibit public funds from being used for private nonpublic
 HCR 5010 2

1 schools.
2 "A vote for this proposition would amend the constitution of the
3 state of Kansas to explicitly prohibit public funds from being
4 used for private nonpublic schools.
5 "A vote against this proposition would not amend the
6 constitution of the state of Kansas."
7 Sec. 3. This resolution, if approved by two-thirds of the members
8 elected (or appointed) and qualified to the House of Representatives and
9 two-thirds of the members elected (or appointed) and qualified to the
10 Senate, shall be entered on the journals, together with the yeas and nays.
11 The secretary of state shall cause this resolution to be published as
12 provided by law and shall cause the proposed amendment to be submitted
13 to the electors of the state at the general election in November in the year
14 2024, unless a special election is called at a sooner date by concurrent
15 resolution of the legislature, in which case such proposed amendment
16 shall be submitted to the electors of the state at the special election.