Kansas 2023 2023-2024 Regular Session

Kansas House Bill HB2236 Comm Sub / Analysis

                    SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2236
As Amended by Senate Committee on 
Education
Brief*
HB 2236, as amended, would state that a parent has a 
right to direct the education, upbringing, and moral or 
religious training of their children. The bill would also direct 
local boards of education to adopt policies and procedures to 
guarantee the free exercise of these rights and establish a 
means by which a parent could remove their child from a 
lesson or class based upon objections to the course material.
The bill would define the following terms:
●“Activities” would include any presentation, 
assembly, lecture, or other event facilitated by a 
school or school district;
○The term would not include student 
presentations;
●“Educational materials” would include, but not be 
limited to, curriculum, textbooks, reading materials, 
videos, digital materials, websites, online 
applications, and other material given or provided 
to a student for instruction; and
●“Parent” would mean a parent, legal guardian, or 
custodian who has authority to act on behalf of a 
child.
The bill would allow parents to object to any educational 
materials or activities at a school district their child attends 
____________________
*Supplemental notes are prepared by the Legislative Research 
Department and do not express legislative intent. The supplemental 
note and fiscal note for this bill may be accessed on the Internet at 
http://www.kslegislature.org and withdraw the student from the class or programming if 
the educational material or activity meets one of the following 
criteria:
●Is not included in the approved district curriculum 
or state educational standards; or
●Impairs the parent’s sincerely held beliefs, values, 
or principles.
The bill would state that the academic record of any 
student withdrawn from the class, educational program, or 
activity based upon the criteria in the bill could not be 
adversely affected by the student’s withdrawal.
The bill would also state that exemptions from required 
instruction that would be granted by the bill would not excuse 
a student from the responsibility of completing comparable 
alternative assignments offered to obtain credit in the course, 
total semester hours required for attendance, or required 
courses for graduation by any such withdrawal from a class 
or educational program pursuant to the bill.
The bill would specify that when appropriate, a student 
who is excused from an assignment or activity could remain 
in the classroom, or a placement would be provided to 
provide the student instructional support.
The bill also would require all local boards of education 
to adopt policies and procedures to guarantee a parent’s free 
exercise of the rights established by the bill; such policies and 
procedures would include provisions for the implementation 
of the bill.
Background
The bill was introduced by the House Committee on 
Education at the request of Representative Thomas.
2- 2236 House Committee on Education
In the House Committee hearing, proponent testimony 
was provided by a representative of the Kansas Policy 
Institute and a private citizen who is a parent and homeschool 
educator. The proponents generally stated the bill is needed 
to better address the concerns of parents about the content of 
curriculum and educational materials presented to their 
children. Written-only proponent testimony was provided by 
representatives of the Kansas Catholic Conference, Kansas 
Family Voice, and three private citizens.
Opponent testimony was provided by representatives of 
the Kansas Association of School Boards, Kansas National 
Education Association, and United School Administrators of 
Kansas. The opponents generally stated the bill was too 
broad and could allow for students to opt out of low 
performing classes or assignments. The opponents also 
stated the issue should be left to local school boards, some of 
whom have independently chosen to adopt parents bill of 
rights’ policies. Written-only opponent testimony was provided 
by the Kansas PTA, State Board of Education, League of 
Women Voters Kansas, and two private citizens.
Written-only neutral testimony was provided by a 
representative of Kansas Interfaith Action.
The House Committee amended the bill by replacing a 
reference to an educational material or activity that harms the 
student to instead describe an educational material or activity 
that is not included in approved district curriculum or state 
educational standards.
Senate Committee on Education
In the Senate Committee hearing, proponent testimony 
was provided by a representative of the Kansas Family Voice 
and a private citizen who is a member of the Lansing School 
Board. Written-only proponent testimony was provided by 
3- 2236 representatives of the Kansas Catholic Conference and the 
Kansas Policy Institute. The proponents generally stated the 
bill would affirm the natural right of parents to direct the 
education of their children, which includes the right to object 
to certain curriculum.
Opponent testimony was provided by representatives of 
the Kansas Association of School Boards, Kansas National 
Education Association, Kansas PTA, and United School 
Administrators of Kansas, as well as a private citizen. Written-
only opponent testimony was provided by representatives of 
the Shawnee Mission School District, Kansas State Board of 
Education, Game on for Kansas Schools, American 
Federation of Teachers – Kansas, and American Atheists, as 
well as two private citizens. The opponents expressed 
general concerns that not only would students be able to opt-
out of required assignments without alternative work, but that 
students would be able to withdraw from classes without 
repercussion to their academic records. [Note: The Senate 
Committee amended the bill by adding language that would 
require a student who is exempted from instruction to 
complete comparable alternative assignments.] Opponents 
also stated that the bill would hinder the academic success of 
all students.
The Senate Committee amended the bill to include 
language to clarify that a student who is exempted from 
required instruction would not be excused from comparable 
alternative assignments or activities and that the student 
should remain in the classroom when appropriate.
Fiscal Information
According to the fiscal note prepared by the Division of 
the Budget on the bill, as introduced, any fiscal effect would 
occur only for school districts and would be negligible.
Education; parents; rights; school districts; children; educational materials and 
activities; policies and procedures
4- 2236