SESSION OF 2019
SUPPLEMENTAL NOTE ON SUBSTITUTE FOR HOUSE
BILL NO. 2395
As Recommended by House Committee on
K-12 Education Budget

Brief*
Sub. for HB 2395 would make appropriations to the
Kansas State Department of Education (KSDE) for FY 2019,
FY 2020, and FY 2021. It would also make several
amendments to the Kansas School Equity and Enhancement
Act (KSEEA) and other statutes related to public schools.

Appropriations
The bill would make supplemental appropriations to
KSDE and lapse moneys in certain funds in FY 2019. The
approved budget in FY 2019 would be $5.1 billion, including
$3.5 billion from the State General Fund (SGF).
The bill would make appropriations to KSDE for FY 2020
totaling $5.6 billion, including $4.1 billion from the SGF.
Finally, the bill would make appropriations to KSDE for
FY 2021 for the six major categories of state aid to school
districts: State Foundation Aid, Supplemental State Aid (LOB
State Aid), Special education State Aid, Capital Outlay State
Aid, Capital Improvement State Aid, and Kansas Public
Employee Retirement System (KPERS) employer
contributions. This would not include appropriations for
smaller school aid programs, the Children’s Cabinet, or
KSDE’s operating budget.
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
KSEEA Amendments
The bill would make several amendments to the KSEEA.
Base Aid for Student Excellence (BASE)
The bill would amend the BASE for FY 2020 and FY
2021. It would also eliminate the scheduled BASE increases
for FY 2022 and FY 2023, along with the automatic
inflationary increases based on the Consumer Price Index
(CPI) of the Midwest region previously scheduled to begin in
FY 2024. Planned BASE increases would be as follows.
BASE AID FOR STUDENT EXCELLENCE
(SY 2019-2020 through SY 2022-2023)
Current Sub. for HB
School Year Law 2395
2019-2020 $ 4,302 $ 4,371
2020-2021 4,439 4,512
2021-2022 4,576 --
2022-2023 4,713 --

At-Risk Weighting
The bill would increase the at-risk student weighting
from 0.484 to 0.51. The moneys attributable to this 0.026
increase in the weighting would be required to be used solely
for evidence-based programs identified by the State Board of
Education (KSBE). The bill would also require KSBE to
identify and approve evidence-based programs provided by
state-based national nonprofit organizations that:
● Focus on students who are identified as at-risk and
who are ranked in the lower 50th percentile in their
class;


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● Provide evidence-based instruction and support
services to such students; and
● Evaluate outcomes data for such students,
including, but not limited to, school attendance,
academic progress, graduation rates, pursuit of
postsecondary education, or other career
advancement.
In the event a school district does not spend such
moneys on such programs, the school district would be
required to show improvement in the percentage of students
who are proficient in state math and English language arts
assessments within three years or the district would not be
eligible to receive the moneys attributable to the 0.026
increase for the following year.
The bill would also require school districts to transfer at
least the portion of their Total Foundation Aid attributable to
50.0 percent of the at-risk student weighting to their at-risk
education fund.
Behavioral Health Weighting
The bill would create a new behavioral health
intervention weighting. To qualify for the weighting, a school
district would have to implement the Behavioral Health
Intervention Team program. Each student attending a school
with an assigned behavioral health liaison would qualify for a
weighting of 0.015. The bill would require the liaison to hold a
master’s degree in a behavioral health profession, unless a
waiver is granted by KSBE, which would allow a liaison to be
a bachelor’s level behavioral health professional. Moneys
attributable to the weighting would be required to be spent by
a participating school district on school liaisons, payments to
the participating Community Mental Health Center (CMHC),
and payments to the Kansas Department of Health and
Environment (KDHE) for a portion of the State’s Medicaid
match.

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Local Option Budget
The bill would eliminate an inflation factor for the artificial
BASE used to calculate a school district’s Local Option
Budget (LOB). The artificial LOB BASE is currently scheduled
to increase based on a calculation from the Midwest region
CPI beginning in FY 2020.

Other Provisions
Extension of 20-Mill Property Tax Levy
The bill would extend the statewide 20-mill property tax
levy for schools to FY 2020 and FY 2021. The bill would also
extend the $20,000 homestead exemption for the 20-mill levy
for the same fiscal years.
Abolition of the Mineral Production Education Fund
The bill would abolish the Mineral Produced Education
Fund beginning in FY 2020 and all moneys that would go to
the fund would be credited to the SGF.
School Safety and Security Grants
The bill would allow KSBE to award School Safety and
Security Grants for the acquisition and installation of security
cameras; for any other systems, equipment, and services
necessary for monitoring school facilities; and for securing
doors, windows, and any other entrances to school facilities.
Dyslexia Training Grants
The bill would require KSBE to award professional
development grants for dyslexia training to school districts for
FY 2020. The bill would limit the total amount of the grants to
$749,000.

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The bill would be in effect upon publication in the
Kansas Register.

Background
The bill was introduced by the House Committee on
Appropriations at the request of Representative Williams. At
the House Committee hearing proponent testimony was
provided by representatives of Cerner, Educational
Management Consultants, and the Kansas Chamber of
Commerce, and by a private citizen. The proponents
generally favored the increase in the at-risk weighting to
target funds at under-performing students and the inclusion of
provisions related to information technology. Written-only
proponent testimony was provided by a representative of the
United Methodist Health Ministry Fund.
Neutral testimony was provided by representatives of
the Association of Community Mental Health Centers of
Kansas, the Community Care Network of Kansas, and the
Kansas Policy Institute.
Opponent testimony was provided by representatives of
Equality Kansas, the Kansas Association of School Boards,
the Kansas National Education Association, the Mainstream
Coalition, and the United School Administrators of Kansas
and Kansas School Superintendents Association. The
opponents were generally opposed to the elimination of
scheduled BASE increases for FY 2022 and FY 2023, the
Kansas Hope Scholarship Act, and the composition of the
bullying task force.
Written-only opponent testimony was provided by
representatives of Blue Valley Special Education Advisory
Council, Education First Shawnee Mission, Game On for
Kansas Schools, Kansas City College Connect, Kansas
Families for Education, the Kansas PTA, Olathe Public
Education Network, Schools for Fair Funding, Schools for
Quality Education, Stand Up Blue Valley, USD 113 (Prairie
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Hills), USD 262 (Valley Center), USD 329 (Wabaunsee), USD
357 (Belle Plaine), USD 456 (Marais des Cygnes Valley), and
USD 512 (Shawnee Mission).
Prior to recommending the creation of a substitute bill,
the House Committee adopted the following amendments to
the bill:
● Deleted all provisions that were included in House
Sub. for SB 16;
● Deleted the Kansas Hope Scholarship Act;
● Deleted the Legislative Task Force on Bullying
Prevention in Public Schools;
● Deleted the requirement for school districts to
reduce average unencumbered cash balances to
15.0 percent of operating expenditures;
● Added language to require KSBE to award
professional development funding for dyslexia
training as grants (Note: This replaced language
providing $1,000 to each elementary school in the
state);
● Adjusted the behavioral health intervention team
weighting from 0.5 to 0.015 to accurately reflect the
intention of the bill; and
● Added language to expand the potential uses of
Safe and Secure Schools Grants.


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Statutes affected:
As introduced: 72-1151, 72-1167, 72-3123, 72-3422, 72-4352, 72-4354, 72-5130, 72-5131, 72-5132, 72-3712, 72-5142, 79-1964, 79-1964a, 79-1964b, 72-5144, 72-5150, 72-5151, 72-5153, 72-5170, 72-5171, 72-5461, 72-5462, 72-6147, 38-2223, 72-6487, 72-8193, 79-201x, 79-32, 79-4227
Sub: 72-5130, 72-5131, 72-5132, 72-3712, 72-5142, 79-1964, 79-1964a, 79-1964b, 72-5144, 72-5151, 72-5153, 79-201x, 79-4227