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Minutes for HB2540 - Committee on Education

Short Title

Authorizing participation by certain students in activities regulated by the Kansas state high school activities association.

Minutes Content for Wed, Jan 31, 2018

Chairperson Aurand opened the hearing on HB2540.

Jason Long summarized the bill. It would allow non-traditional or home-schooled students to participate in public school activities with the approval of the local school board. (Attachment 3)

Eric Teetsel testified as a proponent of the bill. He stated that a growing number of families have decided to provide for their child's education in non-traditional ways. This works very well except for the ability to participate in the excellent school activity programs that, by policy, require students to be enrolled in five subjects (or equivalent) to participate. This keeps some students from benefiting from community activities. Extracurricular programs are key to a student's life long success. This bill allows local school boards to enact policies of inclusion if they feel it will benefit the student and their community. (Attachment 4)

Timothy Cole, father of five home educated students, spoke in support of the legislation. He shared how his son played soccer in the local league, but  eventually was not eligible to play with the public high school team. He found a Missouri team but lost the community he had been part of. As taxpayers, Mr. Cole testified, they support the local public schools, but are not able to participate. (Attachment 5)

John Fuchs, Johnson County, homeschooling father testified as a proponent. He stated that the current rules prohibiting all districts from allowing non-traditional students to participate in school activities creates a disadvantage for rural districts. Urban areas offer community and team sports through non-public school venues. (Attachment 6)

There were questions for the proponents and a discussion about using online courses that allow local public school extracurricular activity participation, the option of private schools, and questions about eligibility requirements and public school tracking of students involved in extracurricular activities, amount of home school students who would actually participate in these programs.

Gary Musselman testified that the members of Kansas High School Activities Association (KHSAA) overwhelmingly are against granting eligibility for home school students to participate in public school activities. They view this issue as one of school choice and academic accountability.  Equal access for Kansas children is provided through school choice and to statutorily bestow eligibility on students electing to home school without regard to accountability to the same education standards as the 100,000+ students who must uphold the enrollment, attendance, good conduct and scholarship rules, is unfair.  He argued that there are ways for home school students to participate, through online courses, small, non-accredited private schools, and home school organizations. (Attachment 7)

G.A. Buie testified as an opponent to the bill.  He stated that Kansas superintendents and administrators trust and believe in the present Kansas High School Activities Association (KSHSAA) board of directors and their ability to create policy and rules. For 19 years, as an administrator, he has gone in front of the KSHSAA board, and they listened, and made the best decision for all the schools as a whole.  There are opportunities through local clubs and community groups for non-traditional students to engage in activities. (Attachment 8)

Leah Fliter testified as an opponent and noted that Kansas Association of School Boards (KASB) appreciates this bill's nod to local control but has concerns about standards and accreditation.  In this bill the home-schoolers and non-traditional students are not required to meet KSHSAA standards. She argued that it is not fair to have students from highly regulated schools compete with those from non-regulated situations. (Attachment 9)

A discussion ensued with questions about the eligibility of students, online programs, what districts this would allow a student to participate in, other states that have allowed the so-called "Tebow" bill, and accreditation being at the heart of this issue. 

Written testimony in opposition to the bill was submitted by:

Rob Ross, K-8 Principal, Colby, KS  (Attachment 10)

Central Kansas League (Attachment 11)

Chairperson Aurand closed the hearing on HB2540.

Adjournment at 5:38.