KANSAS CITY, Mo. — Students in Kansas could soon be allowed to transfer to any public school in the state, whether they’re a resident of that district or not.
Open enrollment is part of a mega bill that was sent to Gov. Laura Kelly’s desk, and she’s expected to sign it into law.
If that happens, open enrollment would start in Kansas in 2024.
"We feel really good about the package," said Kansas State Rep. Kristey Williams (R - Augusta). “We think it has a lot of good policy that helps kids, supports achievement, and the open enrollment is just one more piece of legislation that really focuses on the student and what's best for the student. And we feel that this was a compromise between the Senate, the House and the Governor's office."
Williams is the chair of the K-12 Education Budget Committee and has been pushing for open enrollment since the start of the session.
“Let's open up our boundaries and allow kids to move back and forth and get the best possible education. Just remember there may be a debate program or a band program or a baccalaureate program in some districts that really meets the needs of a Kansas student. Why wouldn't we want them to have that?” Williams explained.
However, not everyone is on board.
When the bill was introduced earlier this year, school districts like Blue Valley and Olathe, and even the Kansas State Board of Education released statements addressing their concerns.
In separate responses and in open testimony sent to the committee, they said they believe the bill places a distrust in local school board decisions, places a financial burden on school districts and were concerned local taxpayer dollars would fund the education of nonresident students.
“If I have children that I home school, I still pay the same property tax. If I have no children, I still pay the same property tax. If I have a business but I don't live in the district, I still pay the commercial property tax. We all have decided in Kansas that property taxes is how we build our buildings and that's not going to change, regardless of whether or not a student comes into the district,” said Williams when asked about property tax concerns.
Democratic State Sen. Cindy Holscher (D - Overland Park) who is an Olathe schools parent and voted against the bill, says while Williams' statement is true, residents still pay for a "Local Option Budget," which are locally approved taxes that supplement the budget a school district receives.
“With these transfer students, the receiving district is the one who bears the burden of the property tax. The district where the students are leaving — it does not affect them. So again, this could be a very big property tax transfer,” Holscher explained.
The final version of the bill requires each district to determine the number of nonresident students in each grade level by Jan. 1, 2024. Students would have to apply for a nonresident transfer between June 1 and June 30 of each year, and districts aren't required to provide transportation for nonresident students.
“Not everybody has transportation to get from their house down the street to a job, so again, we have people who are pushing these bills who likely aren't that close to reality and the situation in our communities,” Holscher said.
In addition, the bill states if the number of applications exceeds a district's available capacity for that year, then the district will select at random nonresident students before July 15.
KSHB 41 News reached out to parents who didn't want to go on camera but said they're worried about how student-athletes will be impacted and also about the overcrowding of classrooms.
“In this bill, they are not required to expand classrooms outside of their non-resident school district, but they are required to make a good faith effort of looking at their past capacity estimating their capacity and if they have capacity, allowing students to enter in,” Williams said.
The Olathe School District gave KSHB 41 News the following statement on the developments surrounding open enrollment in Kansas.
"Olathe Public Schools needs to be able to plan and prepare from year to year in order to best meet the needs of our almost 30,000 students, from adequate staffing to programming needs and more. The proposed bill would allow parents to enroll students throughout the year, which makes planning challenging. Additionally, because of this, a district may not receive the financial resources to ensure appropriate programs and resources are available to support learning outcomes for all students. We have a finite number of opportunities available for students, from places on athletic teams to participation in district activities and more. Our responsibility is to the students who reside within the boundaries of the Olathe Public Schools, and as such, we have to prioritize meeting their needs and preparing them for their future."
Shawnee Mission School District also provided a similar response, saying:
We opposed the bill for the following reasons:
- SMSD does not support the Open Enrollment provision because the policy change does not appear to serve a public policy goal that is not already available.
- No Kansas school district or non-political organization asked for this policy change.
- SMSD, like many other districts, currently has an out-of-district transfer policy.
- The annual building and grade level assessments required each year add to already-strained administrative responsibilities.
- USDs are set by geography to build and support local community interests, taxes, and voting authority for all residents. Expanding a public policy allowing any student to attend wherever they want diminishes the connection a citizen has to the location they pay taxes and have a vote in locally elected school boards. This step may further erode community support for public schools.
- This policy change will allow families with children in special education to pick districts to serve their children and the receiving districts will be responsible for transportation and additional services. In fact, a USD may not know if a student incoming has an IEP (Individualized Education Program), and may not be sufficiently staffed to adequately serve incoming students with IEPs. In addition, the state currently fails to cover excess special education costs, and that rate would decline even further in districts where transfers chose to attend.
- Moreover, increased students with their state funding creates an increase on local property taxes. Local option budgets are levied against state money and up to 33% additional funds will increase property tax rates on local property owners, not on students who do not live in the district.
KSHB 41 reached out to the Blue Valley School District for a comment but never received a response. Gov. Kelly’s office said that she has received the bill and has thoroughly read over the language.
