Kansas HCR 5005: Proposing to amend section 6 of article 6 of the constitution of the state of Kansas to limit the use of elementary and secondary public funds for secular public schools and prohibit public funds from being used for private nonpublic schools.

Bill Text

Session of 2025
House Concurrent Resolution No. 5005
By Committee on K-12 Education Budget
Requested by Representative Poskin
1-23
A PROPOSITION to amend section 6 of article 6 of the constitution of
the state of Kansas; limiting the use of public funds appropriated for
elementary or secondary educational purposes for secular public
schools and prohibiting public funds from being used for private
nonpublic schools.
WHEREAS, This proposition to amend the Constitution of the
State of Kansas shall be known and may be cited as the Protect
Public Schools Amendment.
Now, therefore:
Be it resolved by the Legislature of the State of Kansas, two-thirds of the
members elected (or appointed) and qualified to the House of
Representatives and two-thirds of the members elected (or appointed)
and qualified to the Senate concurring therein:
Section 1. The following proposition to amend the constitution
of the state of Kansas shall be submitted to the qualified electors of the
state for their approval or rejection: Section 6 of article 6 of the
constitution of the state of Kansas is hereby amended to read as follows:
"§ 6. Finance. (a) The legislature may levy a permanent tax
for the use and benefit of state institutions of higher education and
apportion among and appropriate the same to the several
institutions, which levy, apportionment and appropriation shall
continue until changed by statute. Further appropriation and other
provision for finance of institutions of higher education may be
made by the legislature.
(b) The legislature shall make suitable provision for finance of
the educational interests of the state. No tuition shall be charged for
attendance at any public school to pupils required by law to attend
such school, except such fees or supplemental charges as may be
authorized by law. The legislature may authorize the state board of
regents to establish tuition, fees and charges at institutions under its
supervision.
(c) No religious sect or sects shall control any part of the
public educational funds Public moneys appropriated for
elementary or secondary educational purposes shall be
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HCR 5005 2
appropriated only for secular public schools. No public moneys
shall be appropriated or paid nor any public credit be utilized by
the legislature or any other political subdivision of the state,
directly or indirectly, to aid or maintain any private nonpublic
school that provides elementary or secondary education."
Sec. 2. The following statement shall be printed on the ballot with
the amendment as a whole:
"Explanatory statement. The Protect Public Schools
Amendment would limit the use of K-12 educational public
funds for secular public schools and prohibit public funds
from being used for private nonpublic schools.
"A vote for the Protect Public Schools Amendment would
amend the constitution of the state of Kansas to explicitly
limit the use of K-12 educational public funds for secular
public schools and prohibit public funds from being used for
private nonpublic schools.
"A vote against the Protect Public Schools Amendment would
not amend the constitution of the state of Kansas."
Sec. 3. This resolution, if approved by two-thirds of the members
elected (or appointed) and qualified to the House of Representatives and
two-thirds of the members elected (or appointed) and qualified to the
Senate, shall be entered on the journals, together with the yeas and nays.
The secretary of state shall cause this resolution to be published as
provided by law and shall cause the proposed amendment to be submitted
to the electors of the state at the general election in November in the year
2026, unless a special election is called at a sooner date by concurrent
resolution of the legislature, in which case the proposed amendment shall
be submitted to the electors of the state at the special election.
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