SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE SUBSTITUTE FOR
SENATE BILL NO. 63
As Recommended by House Committee on K-
12 Education Budget

Brief*
House Sub. for SB 63 would require all unified school
districts in the State provide a full-time, in-person attendance
option for all students enrolled in kindergarten through grade
12 beginning no later than March 31, 2021, for school year
2020-2021.
The bill would be in effect upon publication in the
Kansas Register.

Background
House Sub. for SB 63 would include and amend
provisions of SB 235, relating to all school districts offering a
full-time, in-person attendance option. The backgrounds of
both bills are described below. [Note: The provisions of SB 63
were not retained in the substitute bill.]

SB 63
Senate Committee on Education
SB 63, as amended by the Senate Committee on
Education, would have amended law regarding the providing
of the ACT, Pre-ACT, and ACT Workkeys examinations to
Kansas students at no charge.
____________________
*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
 During the Senate Committee hearing on February 2,
2021, proponent testimony was provided by representatives
of ACT, the Kansas Association of Community College
Trustees, and the Kansas Catholic Conference.
Opponent testimony was provided by three private
citizens.
Written-only neutral testimony was provided by the
Kansas State Board of Education.
On February 26, 2021, the Senate Committee adopted
amendments to:
● Add school districts to those who must provide
notice of the dates, times, and locations of the
examinations;
● Change the form of notice to being published on
the websites of KSDE and school districts; and
● Clarify that participation was optional for all
students.
House Committee on K-12 Education Budget
During the House Committee hearing on March 16,
2021, opponent testimony was provided by representatives
of the Christian Home Educators Confederation of Kansas
and the Home School Legal Defense Association. The
opponents generally stated concerns with the bill’s inclusion
of home school students due to the reporting of collected data
to the Department of Education and requested the Committee
remove home school students from the bill.
Written-only neutral testimony was provided by
representatives of the Kansas State Board of Education.
No other testimony was provided.

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 On March 17, 2021, the House Committee amended SB
63 by removing the contents of the bill and inserting the
contents of SB 235, related to the offering of an in-person
option for instruction.
The House Committee also amended the contents of SB
235 to:
● Change the date by which USDs must provide an
in-person option from March 26, 2021, to March
31, 2021; and
● Remove the language requiring an in-person
option be offered for every school year after the
current school year.
The House Committee then recommended SB 63 as a
House substitute bill.
According to the fiscal note prepared by the Division of
the Budget on SB 63, as introduced, KSDE states enactment
of the bill could add $300,000 to the annual cost of the
Department’s contract with ACT. Any fiscal effect associated
with the bill is not reflected in The FY 2022 Governor’ s
Budget Report.

SB 235
The bill was introduced by the Senate Committee on
Federal and State Affairs at the request of Senator
Masterson.
In the Senate Committee on Education hearing on
February 25, 2021, proponent testimony was provided by
Senator Masterson and a private citizen. Written-only
proponent testimony was provided by seven private citizens.
The proponents generally stated remote and hybrid learning
models have negatively impacted students, including learning
loss and increased anxiety and other mental health issues.

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Further, the proponents noted concerns about spreading
COVID-19 were overstated and school districts are capable
of providing in-person learning with preventative measures in
place. The proponents also stated this bill does not infringe
upon the constitutional powers of the local school boards
regarding the operation of schools because it only requires an
in-person option; school boards may continue to offer remote
and hybrid learning models.
Neutral testimony was provided by a private citizen. The
conferee generally stated in-person learning is optimal, but
ensuring the safety of teachers and students is also
important. Written-only neutral testimony was also provided
by a representative of the American Heart Association.
Opponent testimony was provided by representatives of
the Garden City School Board (USD 457), Kansas
Association of School Boards, and Kansas National
Education Association. Written-only opponent testimony was
provided by representatives of the Kansas Chapter of
American Academy of Pediatrics and the State Board of
Education. The opponents generally stated in-person learning
is the goal of every school district, but concerns about the
health of teachers and students, the inability of every school
to provide social distancing and other preventative measures,
and the remaining unknowns about the vaccine’s
effectiveness against spread of COVID-19 are valid reasons
to maintain hybrid and remote learning. The opponents also
noted that constitutionally, the power to open and close
schools is a power granted to local school boards and this bill
would infringe on that power.
According to the fiscal note prepared by the Division of
the Budget on SB 235, as introduced, enactment of the bill
would have no fiscal effect.
Education; coronavirus; in-person learning; remote learningEducation; coronavirus;
in-person learning; remote learning


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Statutes affected:
As introduced: 72-5179
As Amended by Senate Committee: 72-5179