KS Senate advances mandate that school boards take public comment. Critics see overreach

Karen Overbey, a conservative who last year won a seat on the Leavenworth USD 453 Board of Education, says the public comment portions of board meetings are “formal and intimidating,” with no questions or discussion allowed.

The board’s procedures, she says, discourage members of the public from engaging with board members and delays any follow-up questions until after meetings. Another board member, Vanessa Reid, says she has been told not to react during public comments, “and that is absurd.”

The Kansas Senate on Monday advanced an extensive measure to give conservatives more power on boards of education across the state. Swept into office in recent years amid frustrations with pandemic-era restrictions, diversity efforts and curriculum perceived as “woke,” these board members have often found their efforts stymied by more-moderate board majorities.

“Board meetings are held in public for a reason and we should not be prevented from engaging with concerned citizens,” Reid told lawmakers at a hearing earlier this month.

Reid was at the center of a controversy last year when she and Rep. Pat Proctor, a Leavenworth Republican, visited an elementary school. The lawmaker later shared a photo of a fourth grader’s drawing of a rainbow flag, leading to a backlash among parents and community members who called on Reid to resign.

“My district also will not allow me to visit schools whenever I wish,” Reid told lawmakers.

Opponents of the legislation, including the Kansas Association of School Boards – the leading organization representing the state’s boards of education – say the measure strikes at the local control of districts prized by education officials. The proposal would violate the constitutional rights of school boards, KASB says, interfering with the effective governance of local schools.

The Republican-backed measure, SB 427, advanced on a voice vote following a roughly 20-minute debate. A final, recorded vote to send the bill to the House is expected Tuesday.

The legislation would require boards of education to allow public comment at all meetings and allow any board member to question or engage in discussion with commenters. Any board member would have the power to add an agenda item to a meeting, allowing a single member to force discussion on any topic.

It would also mandate that board members have access to any school building or property whenever it is open to district employees. Districts would be required to publish the email addresses of board members.

And boards would be authorized to use general funds to pay for dues to any nonprofit organization that provides services to districts, making it easier for districts to partner with rival or alternative groups to KASB; currently, districts can only use general funds to pay for dues to KASB.

“I think we are having a clear overreach of local control by imposing these policies on local school boards,” Sen. Jeff Pittman, a Leavenworth Democrat, said.

KASB lobbyist Leah Fliter told lawmakers during a mid-March hearing that districts have policies on rules of order and public participation during meetings.

“This proposed bill’s language needlessly invites the legislature to trample on these policies and procedures, and thus on the principle of local control,” Fliter testified.

The Republican-controlled Legislature has long looked skeptically on the leadership of school districts, with some lawmakers arguing districts don’t make efficient use of funding or that students should receive state aid to attend private schools. GOP lawmakers last year unsuccessfully attempted to pass a voucher-like program to use taxpayer dollars for private and homeschooling expenses.

Republicans are also working to change the way the state calculates its special education funding. Kansas has missed legal funding requirements for special education for a decade. In response to repeated calls for more funding, a House committee advanced a bill that would count funds not currently attributed to special education so it appears the state had reached its requirement. The bill also allocates $75 million for special education.

Sen. Chase Blasi, a Wichita Republican, stressed the importance of boards allowing public comments. Board members are “where the buck stops,” he said.

Wichita USD 259 only allows comments on topics that pertain to the business of the board, with speakers required to register in advance and limited to three minutes. Speakers must also speak only on the topic for which they registered.

“If you’re not allowed to speak to their board of education, where else shall they go?” Blasi said.

During a meeting of Senate Republicans before the debate, Sen. Molly Baumgardner, a Louisburg Republican who chairs the Senate Education Committee, asked rhetorically why people come to the Legislature for action. The answer, she said, is because their issues aren’t being addressed locally.

“It gets back to the issues that seem to be ongoing,” Baumgardner said. “People continue to come to us because they’ve been shut down and their districts are publicly funded.”

The Star’s Katie Bernard contributed reporting.