Kansas Legislature yet to approve $875 million in property tax funding for K-12 public schools
A deputy commissioner of the Kansas State Department of Education informed members of the Kansas State Board of Education the 2025 Legislature has yet to approve collection of an estimated $875 million in property taxes to fund public education statewide in 2025-2026. (Kansas Reflector screen capture of Board of Education livestream)
TOPEKA — The Republican-controlled Kansas Legislature returns to work Thursday after neglecting to perform during the regular part of the 2025 session an annual obligation to affirm collection of $875 million in property taxes to finance public schools statewide.
It's assumed by education administrators and advocates the wrap-up portion of the legislative session — typically reserved for attempts to override vetoes by Democratic Gov. Laura Kelly — would allow time for passage of a bill clarifying the 2025-2026 funding picture for school districts serving more than 450,000 students throughout the state.
'Unless they fix that this week, that's an $875 million hole in next year's budget,' said Frank Harwood, deputy commissioner of fiscal and administrative services at the Kansas State Department of Education.
He said the Legislature could take advantage of the brief end-of-session window to address a bill triggering collection of 20 mills in property tax for public schools. State law requires every school district levy a 20-mill tax on property in their district to help finance public education. This money didn't stay in the taxing district, but was sent to the state to create the pool of money to fund all districts.
'If this doesn't get dealt with, we're going to be coming back for a special session,' said Sen. Cindy Holscher, a Democrat from Overland Park.
Without the property tax levy, the Legislature would have to replace the revenue with an appropriation from the general treasury or reduce funding to public school districts.
The Legislature risked running afoul of Kansas Supreme Court decisions in the Gannon case that resulted from a finding the Legislature failed to abide by the Kansas Constitution in terms of funding a suitable education for children.
Meanwhile, a second education budget issue emerged regarding the Legislature's decision to designate $1.25 million for public schools and $250,000 to private schools for CPR training and to acquire defibrillator or AED equipment.
The appropriation, inspired by survival of an Emporia teenager who suffered cardiac arrest, would be drawn from an anticipated increase in base-aid school funding. This category of K-12 funding was adjusted annually based on changes in the Midwest version of the consumer price index for urban consumers or CPI-U.
Leah Fliter, assistant executive director of the Kansas Association of School Boards, said CPI-U funding was to be directed to public education, but the state budget presented to the governor directed a portion to private schools.
Fliter said the school board association wasn't opposed to state spending for training or equipment to address cardiac emergencies in private schools, but suggested lawmakers ought to select a funding source other than CPI-U aid for public education.
'We are very concerned about that taking of CPI funding for AEDs,' she said.
Harwood, the deputy commissioner at the state Department of Education, said questions had been raised about constitutionality of the $250,000 appropriation to private schools.
'Because most of the private schools are parochial, it may actually be a violation of the Constitution because state aid can't go to parochial schools,' Harwood said.
The Legislature scheduled work sessions Thursday and Friday in anticipation the governor would issue vetoes. As of Tuesday, Kelly had vetoed 10 bills approved by the GOP-controlled Legislature. The governor has been working through the state budget bill and could make line-item vetoes.
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