Kansas Faces Loss of Special Education Funds (KS)

February 14, 2011

Kansas could lose up to $26 million in federal special education funds if a plan to cut spending is adopted by the state Legislature, according to lawmakers critical of the proposal.

Earlier this week, the House passed a series of spending reductions in the current year budget that affected schools, workers’ paychecks and a variety of other state programs. The bill would eliminate this year’s $50 million deficit and give lawmakers breathing room as they confront the $500 million deficit in next year’s budget.

But unless $25 million for education from kindergarten to the 12th grade is restored to this year’s budget, the state could run afoul of federal rules that require it to keep special education spending at certain levels, according to Senate leaders and the Legislature’s top Democrats.

“We will lose between $21 million and $25 million of funding,” said House Minority Leader Paul Davis, a Lawrence Democrat. “For us to just wave goodbye as $25 million walks out the door … sends a terrible message to the schoolchildren of this state.”

House Republican leaders, however, say they think the federal government would award the special education funds even if the state cut the money from its budget.

“We’re still investigating at this point,” said House Majority Leader Arlen Siegfreid , an Olathe Republican. “Our position is we’re not going to put the money in if we don’t have to. But we’ll work that out in conference committee (when the Senate and House reconcile their versions of the legislation).”

The Senate will debate its version Monday. That bill would not cut special education funds. As a result, the Senate bill would leave lawmakers with less money when they turn to even bigger deficits in next year’s budget.

But the alternative, according to Senate President Steve Morris, a Hugoton Republican, is to “reduce special education services significantly.”

In other legislative news Friday, the House gave final approval to a proposed constitutional amendment seeking to block the health insurance mandate contained within the new federal health care law.

The measure now goes to the Senate, where the amendment failed last year.

Constitutional amendments require a two-thirds vote in each chamber. The House vote was 91-27. If the Senate concurs, the measure will go before voters on the November 2012 ballot.

Morris was skeptical when asked how the amendment would fare in his chamber.

“We’ve been reluctant to do constitutional amendments unless we feel they’re absolutely necessary,” he said.