MATT RESNICK
In the months since her re-election, Governor Laura Kelly has been striving to reverse the years-long trend of special education underfunding in the state of Kansas.
Kelly’s 2023 proposed budget called for increases of $72.4 million annually for a five-year period for special ed funding.
“This may start us on the path to fully funding special education,” Kelly told The Tribune in an exclusive interview Tuesday.
The plan would ultimately boost special ed funding to its required funding threshold. Special education funding is separate from general education funding and has not been fully funded since 2011. The current shortfall is $155 million statewide, which must be made up from district general fund budgets.
State law stipulates that the legislature must pay a statewide average of 92 percent of school districts’ costs for special ed students beyond the base state aid. While the funding formula is complex, the number has dipped to an average of 68 percent and is projected to be 64 percent for the 2023-24 school year.
“Fully funding special education really makes a difference for all kids and not just the kids who receive special education services,” Kelly said, noting the unfair burden placed on school districts because of the legislature’s failure to act. “Right now, because those services are mandated, our school districts are having to take money out of the general education budget and move it over so that they can provide those services. We need to fully fund special ed so that some other programs can be at the funding levels they need to be.”
Those sentiments have been echoed by local officials. USD 413 Superintendent Kellen Adams and ANW Special Education Co-op Director Korenne Wolken have sounded the alarm on the issue, saying the situation is essentially hopeless unless both the state and federal government act.
“I am optimistic that we can get this done,” Kelly said. “The advocates for this have been very aggressive this year.”
The Republican-controlled Kansas legislature has sought to tie Kelly’s measure with the diverting of state tax dollars to a voucher-like program for private school students.
“They’re playing some games with special education funding,” she said. “They know how important special education is to me and others, and they know that I oppose vouchers and using taxpayer dollars for private schools. So I think they’re combining these with the hope that they can get what they want.”
Republicans jockeying to funnel state tax dollars to private schools is detrimental to the morale of public educators, Kelly said.
“I give our teachers and administrators a lot of credit for having to put up with it and still continue to do their jobs and do them well,” she said.
After persevering through the COVID-19 pandemic, Kelly said that public school educators deserve better.
“They were working harder than ever trying to balance social-emotional issues with academic needs during that very tough time,” she said. “That’s why I’m such a vocal advocate of our public schools — our teachers, parents and administrators. I hope to counter-balance some of those hurtful things that teachers have had to hear about.”
During a January trip to the Topeka statehouse for Advocacy Day, USD 413 Assistant Superintendent Matt Koester told The Tribune that he was alarmed by comments made by Republican State Senator Virgil Peck. Representing a swath of Southeast Kansas, Koester reported that Peck parroted comments made by his Republican colleagues that could be construed as harmful to public school education. During the meeting with Peck, Koester said he pushed back on Peck’s assertions, which included comments that students nowadays are more interested in becoming horses and cats than doctors, lawyers and firefighters.
“Senator Peck has never been a friend of public education, and I don’t think that’s changing now,” Kelly said.
Kelly remains hopeful that a deal will be negotiated and finalized by the Conference Committee prior to the end of the current session.
“I’m optimistic that they will let go of the games and fund special education as a stand-alone bill,” Kelly said. “The other thing we’re doing is putting pressure on our federal partners.”
The requirement calls for the federal government to fund 40 percent of the cost of special education.
“They have not done that ever that I can remember. They’re at less than 20 percent of the 40 percent,” Kelly said. “So we are putting pressure on the federal government to fulfill the promise they made when they passed the Individuals with Disabilities Education Act.”
Axing the tax plan
Kelly is also touting her three-pronged Axe the Tax plan.
If fully implemented, the plan will save Kansans more than $500 million over the next three years
The first phase of the plan has focused on the state sales tax for groceries, which will eliminate the 6.5 percent tax in incremental phases. Prior to the implementation of the plan, Kansas was among the highest in the nation.
Part two of the plan would introduce a sales tax holiday, which is a limited time period during which some normally
taxable products are exempt from sales tax. In 2022, more than a dozen states had school supply and clothing sales tax holidays, including bordering Missouri. If passed by the Kansas legislature, Kansas would closely emulate Missouri. Slated for early August, individuals would receive a four-day period in which school supplies could be purchased tax-free.
“It would be a big boon for our families,” Kelly said. “It’s an idea that has sort of taken hold all across the country, and we need to give that to Kansans and border counties.”
Kelly noted that the absence of a sales tax holiday is hurting Kansas retailers, especially along the eastern border.
“A lot of folks are hopping the border to Missouri to buy their school supplies. We need to bring that home to our own retailers,” she said.
The final part of the plan centers on social security income for retirees. Kansans earning less than $75,000 a year do not pay state income tax on social security income. If individuals exceed that threshold, which takes into account combined income from investments and life insurance policies, social security income becomes subject to state income tax. Kelly is proposing to increase that cap.
“We have another proposal that relates to the threshold of social security taxes. We’re proposing to lift that threshold to $100,000,” Kelly said.
Kelly said that it’s imperative for constituents to stay up-to-date with legislation.
“I’d like citizens to encourage their legislators to get on board with the plan that we proposed right at the beginning – to eliminate the food sales state tax as soon as possible,” she said. “We’ve already missed the opportunity to eliminate it by April 1, and at this point are looking at July 1.”
Kelly’s message to residents in this area also extends to recent legislative tax proposals.
“I want the people of southeast Kansas to know that there are a number of proposals in the legislature right now, that if they were to become law, we would go right back into the devastating Brownback years,” she said. “They’re reckless tax cuts that don’t really benefit that many people in the state of Kansas, and would do incredible damage to our fiscal stability. It would result in our schools being hurt and roads not being built. When you really dig into it, you realize the impact it would have.”
Kelly sharply criticized recent flax tax proposals championed by Republican legislators. One such proposal would lower annual state revenues by roughly $1.5 billion and disproportionately benefit the wealthiest residents in Kansas.
“If you look at the flat tax proposals that have been put out there, they do very serious damage to our bottom line,” Kelly said. “Ultimately, we would blow through our ending balance of around $2 billion, and would have to dip into our rainy day fund. We don’t have enough rainy day (revenue) coming in to support something like that flat tax.
“If you look at the benefits from that, people in the lower-middle income would see very little tax relief, if any. In fact, some people will be paying more in income taxes. The people who benefit are the ones that make a lot of money and don’t need the tax relief. When you look at the reality of it, it would be devastating to our financial situation.”
SEK chip facility
In February, Kelly unveiled plans for a 1,200-job computer chip plant to be constructed in Coffey County. That announcement was fresh on the heels of the megadeal that will bring a nearly $2 billion semiconductor facility to Northeast Kansas.
The Coffey County facility relies on collaboration with several out-of-state suppliers that would pad the number of jobs available at the facility. It’s also contingent on contractor EMP Shield to receive the necessary federal funding for the sprawling 300-acre facility via the CHIPS Act.
“In order to qualify for the federal funding, you have to have state backing. That’s why we’re providing them with state resources in order to be a very competitive chip facility,” Kelly said. “It’s really exciting. This factory will wind up bringing 1,200 jobs to Coffey County, and those jobs would average about $66,000 a year. Not only will it create these great-paying jobs, but they’re also looking at establishing some sort of commuter transportation system to help people from other counties come in and take advantage of these jobs.”
The facility will also have its own childcare center on the campus.
“It will be just incredible for the entire region,” she said.
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