Updates on HB 2420, HB 2468 and ‘bathroom bill’

Here are updates on bills the Kansas National Education Association (KNEA) has been tracking:

HB 2468 – ‘Voucher’ bill

On Tuesday, Feb. 3, the House Committee on Education recommended passage of a “voucher” bill that would allow Kansas to participate in a federal tax credit program for contributions to scholarship-granting organizations (SGOs) and increase the tax credit limit under the Low-Income Student Scholarship Program.

While described as a tax credit, the program functions similarly to a voucher by using public tax policy to subsidize private school tuition.

Opponents testified during a House Committee on Education hearing on Wednesday, Jan. 21, that public funds must remain dedicated to public schools and shouldn’t support private education without equivalent public accountability. KNEA testified in opposition to House Bill 2468.

The House Committee on Education recommended passage of the bill with amendments:

• Insertion of this wording in the first section: “No state department, division or any other agency shall promulgate any rules and regulations that are more stringent than the applicable law or rules and regulations.”

• Another insertion that states: “On Jan.15, 2027, and each Jan. 15 thereafter, the secretary shall submit a report to the Legislature on the aggregate amount of credits claimed during the immediately preceding tax year and the limit on such credits for the current year.”

HB 2420 – Parental consent bill

On Tuesday, Feb. 3, the House Committee on Education recommended passage of a bill requiring districts to obtain parental consent prior to providing certain school-based mental health services to a student.

House Bill 2420, with minor amendments by the House Committee on Education, will now go to the full House for debate.

KNEA opposed the bill during a Jan. 22 House Committee on Education hearing, citing concerns that the bill uses an overly broad definition of school-based mental health services. Under the definition in the bill, school staff could be required to obtain written parental consent before providing Tier 2 and Tier 3 supports routinely used in classrooms.

The bill also imposes a $5,000 civil penalty per violation on school districts. Timothy R. Graham, KNEA Director of Government Relations, described the penalty as heavy, arbitrary and disconnected from classroom realities, saying it creates fear rather than clarity for educators exercising professional judgement.

“We are willing to engage in serious, good-faith discussions on this issue,” Graham said. “But if this bill is going to move forward, the definition of ‘school-based mental health services’ must be significantly tightened so routine classroom management and de-escalation practices are not swept in.”

Read more about KNEA’s testimony and the bill here.

Substitute Bill for Senate Bill SB 244 – ‘Bathroom bill’

Substitute Bill for SB 244, also known as the “bathroom bill,” was enrolled and presented to Gov. Laura Kelly on Tuesday, Feb. 3.

House Substitute for SB 244 would require Kansas government buildings to designate multi-occupancy private spaces, such as restrooms, locker rooms and changing rooms, as either male or female. Individuals would have to visit the facility that matches their biological sex at birth.

The Kansas House and Senate approved the bill on Wednesday, Jan. 28.

Two days after the House Committee on Judiciary advanced the substitute bill, the House took up the measure under emergency action on Jan. 28, bypassing the normal 24‑hour delay required after debate. House Democrats delayed passage for more than six hours by proposing multiple amendments.

The House ultimately passed the measure 87–36, sending it to the Senate, which concurred with a vote of 30–9.

The bill passed both chambers with the two‑thirds majority needed to override a veto.

Read more here about how the House Committee on Judiciary used a procedural “gut and go,” which eliminated the public’s opportunity to weigh in.

KNEA will remain engaged at the Statehouse and keep members informed as the session moves forward. Stay updated at www.ksutd.org.