Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor


February 2, 2022


The Honorable Molly Baumgardner, Chairperson
Senate Committee on Education
Statehouse, Room 144-S
Topeka, Kansas 66612
Dear Senator Baumgardner:
SUBJECT: Fiscal Note for SB 393 by Senator Tyson, et al.
In accordance with KSA 75-3715a, the following fiscal note concerning SB 393 is
respectfully submitted to your committee.
SB 393 would require school districts to publish the following on the school district’s
website: (1) a list by grade level of instruction learning materials and activities used at each school
in the preceding school year; (2) the school district’s procedures to document, review, and approve
the learning materials and activities; and (3) a list of all materials used for teacher professional
development.
All materials and activities would be required to be maintained on the school district’s
website for at least one year. For digital volumes that contain works by multiple authors, the
school district would be required to provide either a table of contents or a website address to the
works and the authors.
Any school district that does not comply with the requirements would have a prescribed
amount of state aid held by the Department of Education until the district meets the requirements.
The amount of State Foundation Aid that would be withheld for the succeeding school year would
be: (1) on the first violation, 2.0 percent, or $1.0 million, whichever is less; (2) on the second
violation, 4.0 percent, or $2.0 million, whichever is less; (3) on the third violation, 6.0 percent, or
$3.0 million, whichever is less; (4) on the fourth violation, 8.0 percent, or $4.0 million, whichever
is less; and (5) on the fifth or subsequent violation, 10.0 percent, or $5.0 million, whichever is less.
With the enactment of SB 393, the administrative requirements for the Department of
Education would be performed by the agency’s existing staff and any costs would be negligible.
The Department notes that there would be administrative costs for school districts to implement
The Honorable Molly Baumgardner, Chairperson
Page 2—SB 393

the provisions of the bill; however, a cost cannot be estimated. The Department would assume
that school districts would likely correct any noncompliance with the publishing requirements and
ultimately school districts would not lose state aid payments. Any fiscal effect associated with SB
393 is not reflected in The FY 2023 Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget


cc: Craig Neuenswander, Education