While agreeing that a student’s “educational journey” should include Civics, an understanding of our democratic process, Governor Laura Kelly nonetheless vetoed House Bill 2412, which would have required passage of a Civics exam for high school graduation for all Kansas students.
In her veto message, the governor reasoned the state board of education, not the legislature, should have authority to determine curricula:
“I concur with legislators who believe that citizen knowledge of and involvement in our democratic process at the local, state and federal level should be emphasized throughout our children’s educational journey. That knowledge would include an understanding that, in Kansas, the Kansas Board of Education is accorded constitutional authority to determine curricula. So, while I support the concept of Civics Education, its design and implementation should be dictated by state and local boards of education.
“Therefore, pursuant to Article 2, Section 14(a) of the Constitution of the State of Kansas, I hereby veto House Bill 2412.”
Attorney refutes the Governor’s rationale for vetoing the civics graduation requirement
Mike O’ Neal, attorney, former Kansas House Speaker, and education policy analyst for the Kansas Policy Institute, parent company of The Sentinel, counters that the governor is misinformed on the role of the legislature in education policy:
“Although the governor’s veto of this common-sense legislation was not surprising, it does raise a question about the governor’s potential need for literacy retraining. She claims that curriculum is the purview of the schools and not the legislature, but she has failed to acknowledge (or maybe she hasn’t taken the time to read) the Article 6 constitutional provisions and the legislative directive to adopt and maintain criteria, guidelines or rules and regulations concerning courses of study and curriculum.
“The SBOE’s (State Board of Education) constitutional authority is limited to “general supervision.” However, Article 6, §2 provides that the “state board of education shall perform such other duties as may be provided by law.’ Article 6, §1 of the Kansas Constitution provides that it is the legislature that is to provide for educational improvement by establishing and maintaining public schools and related matters, “which may be organized and changed in such manner as may be provided by law.”
“What the legislature delegates, it may change or otherwise direct. It has done so every year since Article 6 was approved by the voters in the 1960’s. There are nearly 900 statutory provisions in the Education Chapter of the Kansas Statutes. The civics legislation is well within the legislature’s authority. Of that, there can be no question.
“In fairness to the governor, I think she knows but, sadly, chooses to ignore these facts in order to cater to the education establishment. I long for the day when elected officials cater to the needs of our students. When dealing with children in need of care, we conform to the legal standard of “what is in the best interests of the child.” Why can’t that same standard be applied to our school-aged children and young adults? Why must it always be what the establishment wants and not what the students need?
