Kansas

State constitutional guarantees regarding right to education

Article 6 (Education) of the Constitution of the State of Kansas requires the legislature to provide for (1) “intellectual, educational, vocational and scientific improvement by establishing and maintaining public schools, educational institutions and related activities” and (2) “a state board of education which shall have general supervision of public schools, educational institutions and all the educational interests of the state.” (See Sections 1 and 2 of Article 6 (Education) of the Constitution of the State of Kansas.)

Case law and legislative history defining and interpreting the right to education

Brown v. Board of Education, 347 U.S. 483 (1954) (USSC+) - On May 17, 1954, U.S. Supreme Court Justice Earl Warren delivered the unanimous ruling that the segregation of white and Negro children in the public schools of a State solely on the basis of race was a violation of the 14th amendment and was therefore unconstitutional.

State constitutional protections regarding non-discrimination and equity

Article 10 (Kansas Acts Against Discrimination) of the Kansas Act declared that “the policy of the state of Kansas [is] to eliminate and prevent discrimination in all employment relations, to eliminate and prevent discrimination, segregation, or separation in all places of public accommodations… and to eliminate and prevent discrimination, segregation or separation in housing.” In addition, the policy of Kansas is to “assure equal opportunities and encouragement to every citizen regardless of race, religion, color, sex, disability, national origin or ancestry, in securing and holding, without discrimination, employment in any field of work or labor for which a person is properly qualified, to assure equal opportunities to all persons within this state to full and equal public accommodations, and to assure equal opportunities in housing without distinction on account of race, religion, color, sex, disability, familial status, national origin or ancestry.” (See 44-1001, Article 10 (Kansas Acts Against Discrimination) of the Kansas Act.)

Other relevant state constitutional civil rights protections

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State law equivalents to Title VI, Title IX, Section 504, and the Educational Opportunities Act (EEOA) 

Kansas Special Education for Exceptional Children Act (K.S.A. 72-3403 through 72-3481)

• 72-3420. This section requires each school district “to the maximum extent appropriate, to educate children with disabilities with children who are not disabled, and to provide special classes, separate schooling or for the removal of children with disabilities from the regular education environment only when the nature or severity of the disability of the child is such that education in regular classes with supplementary aids and services cannot be achieved satisfactorily.” (See 72-3420, Requirements for education of children with disabilities in regular classes, exception; admission to state institutions, Kansas Special Education for Exceptional Children Act.)

• 72-3415. This section gives the parent of an exceptional child or the agency responsible for providing services to the child a right to “initiate a due process hearing regarding any problem arising in regard to any matter governed by this act.” (See 72-3415, Due process hearing, initiation of; complaint notice; response to notice, Kansas Special Education for Exceptional Children Act.

Kansas State Department of Education (KSDE) Special Education Regulations (K.A.R. 91-40-1 through 91-40-53) (Effective March 21, 2008, amended July 23, 2010)

• 91-40-2. This section requires each agency to make Free Appropriate Public Education (“FAPE”) available to any child with a disability even though the child has not failed or been retained in a course or grade and is advancing from grade to grade. (See 91-40-2. FAPE, Article 40, Agency 91 State Department of Education)

• 91-40-3. This section requires each agency to “ensure that children with disabilities have available to them the same variety of educational programs and services that are available to nondisabled children served by the agency, including art, music, industrial arts, consumer and homemaking education, and vocational education.” (See 91-40-3, Ancillary FAPE requirements, Article 40, Agency 91 State Department of Education.)

• 91-40-4. This section requires each state agency to “provide FAPE to exceptional children housed and maintained at any facility operated by the agency.  All educational programs shall comply with the requirements of state special education laws and regulations.” ( See 91-40-4, FAPE for exceptional children housed and maintained in certain state institutions, Article 40, Agency 91 State Department of Education.)

Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)

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State law protections regarding color of law or pattern/practice liability for law enforcement in schools

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Anti-discrimination protections under state human rights statutes

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Private right of action provisions under state civil rights and human rights statutes

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Identify whether state anti-discrimination laws also prohibit discrimination caused by disparate impact. If yes, does the state law allow a private right of action for disparate impact claims? 

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Is the right provided by state law conferred on the student, parent/guardian, or both? In other words, who can bring a claim under this law? 

Formal complaint is one of the parent rights (procedural safeguards, see Chapter 1) afforded under federal and state regulations (K.A.R. 91-40-51; 34 C.F.R. 300.151). Any individual or organization may file a formal complaint if they believe that a school district is not complying with federal or state laws or regulations relating to special education. (See Kansas Special Education Process Handbook, Chapter 11 Formal Complain.) 

Does the specified law or policy provide protections against retaliation? What are the elements of a retaliation claim? Are protections against retaliation clearly spelled out in the law or policy?

Retaliation against a person who files a complaint of discrimination on the basis of disability pursuant to the grievance procedure, or persons who participate in related proceedings, is prohibited. ( See Section 504 Grievance Procedure.)

Statute of limitations for filing education-related state civil rights complaints (or state civil rights complaints broadly) or state human rights complaints?

The due process complaint must allege a violation that occurred not more than two years before the date the parent or public agency knew or should have known about the alleged action that forms the basis of the due process complaint. There are some exceptions to this timeline, including when a school has misrepresented that it has resolved the problem or the school has withheld information that it was legally required to give to the parent (34 C.F.R 200.507(a)(2); K.S.A. 72-972a(a)(1)(A)). (See Due Process.)

Are there areas where the state laws provide more protections than federal law? What are those areas? 

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