Capital Improvement Projects in Topeka

Docking State Office Building

State Finance Council Resolution 21-740 approved the renovation of the Docking State Office Building into a three-story building with office and meeting space. The renovated building will have three floors, public lobby and exhibit spaces, state agency office space, shared meeting rooms, wellness and personal health support rooms, and a fitness center. The renovation will be built on top of the building’s existing foundation, which contains the basement and sub-basement levels.

Demolition of the Docking State Office Building began in January 2023 and is expected to be completed by the end of February 2024. Construction of the new building is expected to be completed in May 2025.

The 2022 Legislature approved $120.0 million for the project, with $60.0 million from the State General Fund (SGF) and $60.0 million from federal funds.

Kansas Department of Health and Environment Laboratory

In December of 2021, the State Finance Council approved a resolution that included construction of the Kansas Department of Health and Environment (KDHE) laboratory at Lot 4 in Downtown Topeka, near the Docking State Office Building. With a maximum expenditure limit of $65.0 million for the project, $32.5 million in COVID-19 federal relief funds was transferred to KDHE for the construction of the lab and the 2022 Legislature appropriated the remaining $32.5 million SGF.

Capitol Complex Air Handlers

The Department of Administration (DOA) was allocated $4.5 million from American Rescue Plan Act (ARPA) State Relief Funds to replace outdated air handling equipment within the Capitol Complex. As budgets have allowed, the Office of Facilities and Property Management (OFPM) has gradually replaced outdated air handler units, some of which date back to 1955 and 1970. This project replaces remaining units, which would improve indoor air quality, lower operation costs, and reduce impacts and disruptions to the Capitol Complex.

Capitol Complex Security Enhancements

The DOA was allocated $6.0 million from ARPA State Relief Funds to address deficiencies related to physical security within the Capitol Complex to assist OFPM and the Kansas Highway Patrol in protecting employees and the public. Upgrades include replacing outdated building access and video security systems, eliminating physical keys to touchless surfaces, and adding enhanced security technology in artificial intelligence.

State Printing Plant

The DOA was allocated $6.5 million from ARPA State Relief Funds to address deferred maintenance and upgrades to the State Printing Plant, which houses printing and central mail operations. Most of the Printing Plant’s mechanical, electrical, plumbing, and fire protection systems are original to its construction in 1985 and are at, or past, median service life estimates.

Judicial Branch Library Learning Center

The Kansas Judicial Center welcomes visitors throughout the year who have questions about the Judicial Branch’s structure, case flow, appeals process, and general services it provides the state. The Learning Center allows for visitor education and engagement. The center would utilize an interactive learning environment to provide information about the three branches of government, their function within government, and how each branch interacts with the others.

In FY 2024, the requested amount for the Learning Center is $50,000 SGF. The total project cost is $150,000 SGF and will be completed by FY 2026.

Kansas Museum of History

The Kansas State Historical Society is requesting $1.9 million for FY 2025 to refurbish air handling units and to replace a chiller unit at the Kansas Museum of History. According to the agency, the current units have been in place since 1984 and have reached their service limit. The air handling units and chiller service 44,800 square feet of the museum, including the museum, lobby, classrooms, and collection storage areas.

Northeast Kansas Veterans’ Home

For more information on this project, see “Capital Projects Involving National Guard Facilities, Emergency Management Services, and the Northeast Kansas Veterans’ Home”.

For more information, contact:

Martin de Boer
Fiscal Analyst

Steven Wu
Managing Fiscal Analyst

Kansas Legislative Research Department
Kansas State Capitol Building
300 W. 10th, Suite 68-West
Topeka KS 66612-1504
(785) 296-3181
kslegres@klrd.ks.gov

Lesser Prairie Chicken

Male lesser prairie chicken. Photo by Dan Wundrock, public domain image from U.S. Geological Survey, 2016.

The Lesser Prairie Chicken (LPC), Tympanuchus pallidicinctus, is a species of prairie grouse commonly known for its spring mating display. The LPC is found in five states throughout the southern and central high plains of the United States, including much of western Kansas. The LPC depends on prairie and grassland ecosystems, which have changed over the years due to fires, livestock grazing, agriculture, infrastructure changes, and energy production.

The U.S. Fish and Wildlife Service (USFWS) estimates the habitat of the LPC has diminished across its historical range by about 90 percent. Additionally, the LPC is considered by the USFWS to be a “boom-bust” species because its annual reproductive success is tied to precipitation patterns. Historical estimates suggest the LPC population was once in the hundreds of thousands; however, the USFWS now estimates the population of the LPC to be about 27,000 across the five-state region.

Listings Under the Endangered Species Act

The LPC has been a candidate for listing under the Endangered Species Act (ESA) since 1998, and was listed as a threatened species under the ESA in 2014. Following a lawsuit in 2015, the listing was vacated; however, in September 2016, the USFWS received a new petition to list the LPC as an endangered species. In November 2016, the USFWS determined that an endangered species listing could be warranted.

In May 2021, the USFWS listed two distinct population segments (DPS) of the LPC:

  • The Northern DPS, covering south-central and western Kansas, southeastern Colorado, western Oklahoma, and the northeast Texas Panhandle, was listed as threatened; and
  • The Southern DPS, encompassing eastern New Mexico and the southwest Texas Panhandle, was listed as endangered.

The USFWS also finalized a Section 4(d) Rule aimed at conserving the Northern DPS and allowing greater flexibility for landowners and land management.

The effective date of the final rule was delayed from January 24, 2023, to March 27, 2023.

Congressional and Presidential Action

Senate Joint Resolution 9 was introduced by U.S. Senator Roger Marshall on February 7, 2023. S.J.Res.9 would have nullified the final rule issued by the USFWS that listed the Northern DPS of the LPC as threatened and the Southern DPS of the LPC as endangered under the ESA. The joint resolution was passed by the Senate on May 3, 2023, and passed by the House of Representatives on July 7, 2023.

President Joe Biden vetoed S.J.Res.9 on September 26, 2023. The Senate failed to override the veto on September 28, 2023.

Kansas Resolution

During the 2023 Legislative Session, SCR 1602 was introduced and passed by the Legislature. SCR 1602 stated the Kansas Legislature disapproves the designation of the LPC as a threatened species in Kansas by the USFWS and supports the passage in Congress of Senate Joint Resolution 70 and House Joint Resolution 105, which would have nullified the final rules issued by the USFWS and returned control to the farmers, ranchers, and energy producers of Kansas.

Pending Litigation

Three lawsuits have been filed regarding the USFWS listing:

  • March 2023 – the Kansas Livestock Association, National Cattlemen’s Beef Association, and other industry groups filed a lawsuit against the U.S. Department of Interior and the USFWS in the Western District of Texas;
  • April 2023 – the Kansas Attorney General joined Texas and Oklahoma in their federal lawsuit that was filed in the Western District of Texas; and
  • July 2023 – Kansas farmers and ranchers and the Kansas Natural Resource Coalition filed a federal lawsuit in the District of Kansas.

As of publication, all three lawsuits are pending. In October 2023, the lawsuit filed by Kansas farmers and ranchers and the Kansas Natural Resource Coalition was transferred to the Western District of Texas court. The federal government argued that all three cases share the same defendants and could result in inconsistent adjudications. The other two lawsuits have been consolidated and are scheduled to begin the trial on October 7, 2024.

For more information, contact:

Elaina Rudder
Senior Research Analyst

Heather O’Hara
Principal Research Analyst

Kansas Legislative Research Department
Kansas State Capitol Building
300 W. 10th, Suite 68-West
Topeka KS 66612-1504
kslegres@klrd.ks.gov
(785) 296-3181

Right to Repair

Consumers want the ability to repair their own products, whether it be digital, medical, or agricultural equipment. Photo by Ben Earwicker, Garrison Photography, Boise, Idaho, via https://www.freeimages.com/photo/tractor-3-1386656.

What’s the Problem?

Consumers want the ability to repair their own products, whether it be digital, medical, or agricultural equipment. Many manufacturers of those products have made instructions, diagnostics, and repair tools proprietary so that consumers can only go to the original equipment manufacturer or its authorized dealerships and technicians for replacement parts and repair services.

With the transition to software required to operate most farm machinery, and the market share held by several large manufacturers, equipment owners are locked out of repairing the equipment necessary for their livelihoods.

Farmers, ranchers, independent service technicians, and aftermarket repair shops are seeking to have access to the manufacturers’ proprietary materials so they can fix their own equipment – many times in the field outside of normal business hours. Forcing farmers and ranchers to hire authorized dealership technicians to diagnose and repair agricultural equipment increases the cost to fix them.

Federal Executive Order

On July 9, 2021, President Joe Biden signed the Executive Order on Promoting Competition in the American Economy that, in part, recommends the Federal Trade Commission (FTC) make it easier and less expensive for consumers to repair items they own, including agricultural products. The Executive Order recommends the FTC limit manufacturers’ ability to ban self-repairs or third-party repairs of their products. The Executive Order also requested the U.S. Department of Agriculture propose new rules with the intent to increase industry competition by examining intellectual property rights and possibly giving farmers and ranchers the right to repair their equipment.

Federal Legislation

There have been several bills filed in Congress to aid in widespread federal legislation on the right to repair. On September 20, 2023, the “Agricultural Right to Repair Act” was introduced in the U.S. House of Representatives. The bill would require original equipment manufacturers to make available certain documentation, parts, software, and tools with respect to electronics-enabled agricultural implements. In the previous term, a very similar bill was introduced but not worked.

State Legislation

Numerous states have seen legislation introduced to allow consumers the right to
repair their own products, whether it be specific, like wheelchairs, or broad, like agricultural equipment.

During the 2023 Session, 33 states and Puerto considered legislation relating to the right to repair. Four states enacted legislation during the 2023 session: California, Colorado, New York, and Minnesota. Colorado’s legislation was specifically tailored to the agriculture sector.


Colorado’s specific agriculture-related right to repair bill, Colorado House Bill 23-1011, requires:

“…that an agricultural equipment manufacturer facilitate the repair of its equipment by providing certain other persons with the resources needed to repair the manufacturer’s agricultural equipment.”

Legislation was introduced in the Kansas Legislature in 2017 (HB 2122) and 2021 (HB 2309), but neither bill received a hearing.

For more information, contact:

Heather O’Hara
Principal Research Analyst

Walter Schmidt
Research Analyst

Kansas Legislative Research Department
Kansas State Capitol Building
300 W. 10th, Suite 68-West
Topeka KS 66612-1504
kslegres@klrd.ks.gov
(785) 296-3181

Update on the Moderate Income Housing Program

Overview

The Moderate Income Housing (MIH) program targets moderate-income households making between 60.0 and 150.0 percent of area median income that do not typically qualify for federal housing assistance.

The program is administered by the Kansas Housing Resources Corporation (KHRC). The KHRC describes itself as a self-supporting, nonprofit, public corporation committed to helping Kansans access safe, affordable housing. The KHRC is governed by a board of directors who are appointed by the Governor.

Program Eligibility

The MIH program provides competitive grants and loans to cities and counties with populations less than 60,000. All Kansas cities would be eligible under these requirements except for Kansas City, Lawrence, Olathe, Overland Park, Shawnee, Topeka, and Wichita. Additionally, 96 of the state’s 105 counties would qualify, with the exception of Butler, Douglas, Johnson, Leavenworth, Reno, Riley, Sedgwick, Shawnee, and Wyandotte counties.

The provided grants and loans are to develop single or multifamily properties through new construction, rehabilitation, or conversion for either homeownership or rentals.

Grants and Loans

The MIH program is composed of a mix of grants and loans. Grants are capped at $650,000 per awardee and can only be used for actual housing development. Loans are capped at $1.0 million and can be used for actual housing development or for either off-site or on-site infrastructure development that supports new housing. These activities would include, but not be limited to, extension of streets, utility extension, general site clearing and preparation, and communal infrastructure, such as sidewalks. MIH loan terms are for a period of up to 10 years and generally utilize the applicable federal rate when determining the interest rate.

All projects awarded funding are generally required to be completed within 18 months of the award notification unless otherwise approved by the KHRC.

Since 2012, the KHRC has received a total of $42 million in MIH funds and has awarded almost $40 million.

The KHRC’s goal is to award approximately $5.0 million in grants and loans for each round of MIH funding.

Applications for the Moderate Income Housing program by year.
Amount requested by applicants through the MIH program.

2023 Program Funding Update

The KHRC receives state appropriations through the State Housing Trust Fund to administer the MIH program. This support has traditionally been an annual appropriation of $2.0 million from the Economic Development Initiatives Fund. However, in Fiscal Year 2023, the Legislature appropriated an additional $20.0 million from the State General Fund to support the MIH program, along with the KHRC receiving approximately $20.0 million in American Rescue Plan Act funding from the Office of Recovery and approximately $20.0 million from the Department of Commerce, for a total of approximately $60.0 million.

Since the appropriation, the KHRC has seen a dramatic increase in the number of MIH program applications and dollars requested.

In 2023’s first two rounds of awards, the KHRC provided over $9.6 million. Some of these projects in 2023 include:

  • 48 rental units in Dodge City;
  • 20 rental units in Independence;
  • 20 rental units in Kingman;
  • 9 homeownership units in Atwood; and
  • 6 homeownership units in Cimarron.

The KHRC opened a third round of request for proposals on September 11, 2023, with a deadline for submission of November 15, 2023. Award disbursement for the round is planned for January 2024.

For more information, contact:

Matthew Willis
Senior Research Analyst

Mike Ditch Jr.
Research Analyst

Kansas Legislative Research Department
Kansas State Capitol Building
300 W. 10th, Suite 68-West
Topeka KS 66612-1504
kslegres@klrd.ks.gov
(785) 296-3181

Workers’ Compensation and Benefit Limits

History of Workers’ Compensation

Workers’ compensation systems in the United States have existed since the early 20th century, with Wisconsin’s being the first in 1911 and Mississippi’s the last in 1948. Unlike other worker safety nets, such as unemployment insurance or disability benefits, workers’ compensation systems are not federally mandated.

Workers’ compensation systems were historically created to address physical injuries to employees by requiring all employers to have an insurance policy that would provide for the injured employee’s medical care, as well as provide compensation based upon the amount of time at work missed, the severity of the injury, and the permanency of the injury.

An increased understanding of post-traumatic stress disorder (PTSD) and other mental
health injuries, especially among first responders, has led many states to amend their workers’ compensation systems to allow for employees to also receive benefits for workplace injuries that result in a mental health injury only.

State Overview

In Kansas, an employee injured on the job is entitled to medical treatment that is “reasonably necessary” to cure or treat the effects of their injury. The employee may also be entitled to weekly benefit checks for 66.67 percent of the employee’s average weekly wage for a period of time based upon the type of injury received and the permanence of said injury.

KSA 44-510f sets the maximum total workers’ compensation benefits in Kansas at:

  • $155,000 for permanent total disability;
  • $130,000 for temporary or partial disability; and
  • $75,000 for partial disability limited to functional impairment.

As of 2022, Kansas was one of only five states with a fixed absolute limit on the amount of permanent total disability benefits an injured employee may receive. Of those five states, Kansas has the lowest total benefit amount for permanent total disability at $155,000, which was last amended in 2011.

Mental Health Benefits

Kansas is one of nine states that neither covers mental-only workplace injuries nor has clear state law on whether mental workplace injuries would be covered. As noted in the chart below, 41 states currently provide for workers’ compensation coverage for mental-only injuries in some capacity. Of those states, 26 only cover mental workplace injuries for first responders or mental workplace injuries accompanied by a physical injury. The remaining 15 states cover mental-only workplace injuries when various requirements are met, such as the injury being from an extraordinary event or evidence from a mental health professional supporting the claim.

Mental-only Worker Health Benefits by State

Previous Bills in Kansas

2022 Legislative Session

2022 SB 491 would have allowed first responders to receive workers’ compensation benefits for PTSD. The bill received a hearing on February 21, 2022, in the Senate Committee on Commerce, but no further action was taken. The bill died in Committee on May 23, 2022.

2023 Legislative Session

SB 38 would increase the maximum compensation benefits payable by an employer for permanent total disability suffered by an injured employee from $155,000 to $350,000. The bill received a hearing on March 29, 2023, but no further action was taken. The bill remains in the Senate Committee on Commerce.

SB 165 would permit workers’ compensation benefits for first responders who suffer from PTSD. The bill was assigned to the Senate Committee on Commerce but did not receive a hearing. The bill remains in the Senate Committee on Commerce.

For more information, contact:

Elaina Rudder
Senior Research Analyst

Eric Adell
Research Analyst

Kansas Legislative Research Department
Kansas State Capitol Building
300 W. 10th, Suite 68-West
Topeka KS 66612-1504
kslegres@klrd.ks.gov
(785) 296-3181

BASE and CPI-U Midwest

Background History

The 1992 Legislature enacted the School District Finance and Quality Performance Act (SDFQPA) to replace the School District Equalization Act, which allowed wide disparities in tax rates and expenditures for school districts. The SDFQPA was based on a weighted student formula that provided a base amount of money per student, and also provided additional funding to meet certain student or district characteristics, such as at-risk students or school districts with declining enrollments. The SDFQPA also allowed school districts to adopt Local Option Budgets (LOBs) in addition to aid provided by the State. The SDFQPA, although regularly amended, was the primary school finance law from school year (SY) 1992-1993 through SY 2014-2015.

The 2015 Legislature repealed the SDFQPA and enacted the Classroom Learning Assuring Student Success Act (CLASS Act) in its place. The CLASS Act replaced the weighted student formula of the SDFQPA with a two-year block grant to school districts. School districts could still adopt LOBs, but state equalization aid was included in the block grant. The CLASS Act was the main school finance law for SY 2015-2016 and SY 2016-2017.

Between 2014 and 2019, the Kansas Supreme Court issued seven opinions on the Luke Gannon v. State of Kansas case (Gannon). The Gannon litigation concerns whether the Kansas Legislature is in compliance with Article 6, Section 6 of the Kansas Constitution regarding suitable provisions for finance of the educational interests of the state. Gannon I reiterated that Article 6 contains at least two components: equity and adequacy. The Supreme Court has confirmed that these two issues have been resolved under the current school finance formula. The Supreme Court retains jurisdiction of the case to ensure continued implementation of the scheduled funding.

Current School Finance Formula

The 2017 Legislature enacted the Kansas School Equity and Enhancement Act (KSEEA), which reinstituted a weighted enrollment formula similar to the SDFQPA. The weighted full-time equivalent (FTE) of a school district is multiplied by a coefficient to determine the Total Foundation Aid the district receives in its general fund. This multiplier is the Base Aid for Student Excellence (BASE).

Total Foundation Aid = BASE x Weighted FTE Enrollment

The Total Foundation Aid is used to determine State Foundation Aid with the following formula:

State Foundation Aid = Total Foundation Aid – Local Foundation Aid.

BASE Increases

For the past several years, there have been scheduled increases to the BASE that were set by the Kansas Legislature. The 2018 Legislature increased the BASE over a five-year period to arrive at an amount of $4,713 by SY 2022-2023. The 2019 Legislature further increased the BASE over a four-year period to arrive at an amount of $4,846 by SY 2022-2023. The BASE amounts for the past five school years are outlined in the table below.

School YearBASE
2018-2019$4,165
2019-2020$4,436
2020-2021$4,569
2021-2022$4,706
2022-2023$4,846

If the appropriation in a school year for State Foundation Aid is insufficient to pay computed entitlements for all school districts, the Kansas State Board of Education will prorate State Foundation Aid payments for all schools based on the available funding.

SY 2023-2024 BASE

Beginning in SY 2023-2024, the BASE will be adjusted by the average percentage increase in the Consumer Price Index for all urban consumers (CPI-U) in the Midwest region during the three immediately preceding school years.

School YearBASE
2023-2024 Actual$5,088
2024-2025 Estimated$5,381
2025-2026 Estimated$5,623

Based on the three-year average percentage increase in CPI-U Midwest, the SY 2023-2024 BASE amount is $5,088. The fall 2023 projected estimates for the BASE for SY 2024-2025 and SY 2025-2026 are in the table below.

For more information, contact:

Jennifer Light
Fiscal Analyst

Elaina Rudder
Senior Research Analyst

Kansas Legislative Research Department
Kansas State Capitol Building
300 W. 10th, Suite 68-West
Topeka KS 66612-1504
kslegres@klrd.ks.gov
(785) 296-3181

Post-secondary Enrollment and Graduate Retention

Public, Post-secondary Education

Public, post-secondary education in Kansas is composed largely of three types of institutions: four-year universities, community colleges, and technical colleges.

Four-year universities primarily provide students with baccalaureate, master’s, and doctoral degrees and, with the exception of Washburn University, are governed by the Kansas Board of Regents (KBOR). Community and technical colleges primarily provide associate degrees and certificate programs. They are governed by KBOR and directly overseen by their individual board of trustees or board of directors.

Post-secondary Enrollment

Overall

Public colleges and universities in Kansas have seen a collective 9.9 percent decline in headcount enrollment from academic year (AY) 2017 to AY 2022, and a full-time equivalent enrollment decline of 10.5 percent for AY 2017 to AY 2022.

Four-year Universities

Enrollment at public, four-year universities, including Washburn University, from AY 2017 to AY 2022 declined by 3.6 percent. The greatest decline occurred at Kansas State University, with a 14.1 percent decrease from 25,777 to 22,133 students. The greatest growth occurred at Wichita State University, which grew by 14.4 percent from 16,913 to 19,346 students.

Community Colleges

Enrollment at community colleges from AY 2017 to AY 2022 declined by 19.2 percent. The greatest decline occurred at Barton Community College, with a 30.9 percent decrease from 14,736 to 10,187 students. The greatest growth occurred at Pratt Community College, with a 1.2 percent increase from 1,641 to 1,661 students.

Technical Colleges

Enrollment at technical colleges from AY 2017 to AY 2022 grew by 14.1 percent. The largest decline occurred at Washburn Institute of Technology, with a 22.2 percent decrease from 2,074 to 1,614 students. The largest growth occurred at Flint Hills Technical College, with a 73.1 percent increase from 1,432 to 2,479 students.

Headcount Enrollment
by Institution Type for Academic Year 2017 – 2022
AY 2017AY 2018AY 2019AY 2020AY 2021AY 2022% Change AY 17 – 22
State Universities107,728107,849108,039108,730106,259104,712-2.80%
Washburn University7,7027,7457,5277,2266,7476,529-15.20%
Community Colleges114,247113,182109,402104,83795,92692,337-19.20%
Technical Colleges14,04215,74217,34217,20715,53016,02614.10%
Total243,719244,518242,310238,000224,462219,604-9.90%

Full Time Equivalent (FTE) Enrollment
by Institution Type for Academic Year 2017-2022
AY 2017AY 2018AY 2019AY 2020AY 2021AY 2022% Change AY 17-22
State Universities79,21278,43478,08577,45275,34473,474-7.20%
Washburn University5,0695,1064,9944,7684,4004,280-15.60%
Community Colleges47,45646,77645,37443,62640,63839,316-17.20%
Technical Colleges6,4947,1037,5227,4976,5336,711-16.10%
Total138,231137,419135,975133,343126,915123,781-10.50%

Post-graduation Retention

Overall

Post-graduate retention is tracked by KBOR utilizing internal data and data from the Kansas Department of Labor to attempt to determine the percentage of graduates who continue to reside in Kansas following completion of their certificate or degree at a public, post-secondary institution. According to this data, approximately 69.0 percent of all students who are awarded certificates or degrees reside in Kansas the year of completion of their award. These numbers decrease year over year, with approximately 54.0 percent of all students who received an award in 2012 still residing in Kansas following their award completion.

Award Breakdown

When broken down by award type, the order of retention from highest to lowest is generally as follows:

  • Short-term Certificate;
  • Certificate;
  • Master’s Degree;
  • Associate Degree;
  • Bachelor’s Degree; and
  • Doctoral Degree.

Short-term certificates generally have post-graduation retention rates of approximately 76.0 percent for graduates the year of completion and approximately 57.0 percent 10 years after completion. Doctoral degrees generally have post-graduation retention rates of approximately 50.0 percent the year of completion and approximately 44.0 percent 10 years after completion.

Institution Type

When broken down by institution type, retention generally follows the pattern seen with award types as state universities, excluding Washburn University, have the lowest retention rate of approximately 66.0 percent the year of award completion and approximately 51.0 percent 10 years after completion. Technical colleges have the highest retention rate, with approximately 77.0 percent the year of award completion and approximately 62.0 percent 10 years after award completion.

The data referenced in this article, and more, can be found on KBOR’s Kansas Higher Education Statistics website.

Percent of All Post-Secondary Graduates
Who Reside in Kansas Following Completion of Any Award (2012 – 2021)
Graduation YearEntry YearAfter 1 YearAfter 2 YearsAfter 3 YearsAfter 4 YearsAfter 5 YearsAfter 6 YearsAfter 7 YearsAfter 8 YearsAfter 9 YearsAfter 10 Years
201268.90%65.90%63.80%61.90%60.30%58.80%57.90%57.10%55.10%54.40%54.00%
201369.10%66.00%64.10%62.00%60.40%58.90%57.70%55.80%55.10%54.70%–
201469.70%66.50%64.10%62.40%60.90%59.90%57.70%56.60%55.90%––
201569.90%66.30%64.00%62.50%61.20%59.00%57.80%56.80%–––
201669.40%66.10%63.80%62.00%59.70%58.40%57.30%––––
201769.10%65.90%63.60%61.10%60.50%59.10%–––––
201869.70%67.00%63.70%62.50%61.20%––––––
201971.10%66.90%64.80%63.00%–––––––
202069.80%67.20%65.00%––––––––
202170.50%67.70%–––––––––

For more information, contact:

Matthew Willis
Senior Research Analyst

Brianna Horton
Fiscal Analyst

Kansas Legislative Research Department
Kansas State Capitol Building
300 W. 10th, Suite 68-West
Topeka KS 66612-1504
kslegres@klrd.ks.gov
(785) 296-3181

Recent Tuition Changes in Higher Education

Flat Tuition

The Kansas Board of Regents (KBOR) governs higher education institutions in the state and has the authority to adjust tuition, grants, and scholarships in accordance with KSA 76-719 et seq. for the six Regents institutions. These institutions are Emporia State University (ESU), Fort Hays State University (FHSU), Kansas State University (KSU), Pittsburg State University (PSU), University of Kansas (KU), and Wichita State University (WSU).

For fiscal years (FY) 2019 to 2023, KBOR has voted to maintain flat tuition rates at the six Regents institutions.

To keep tuition rates flat for FY 2019 and FY 2020, the Regents institutions received a $34.0 million increase in state funding in FY 2019 and a $11.9 million increase in FY 2020.

During the public board meeting in June 2023, KBOR voted to increase tuition between 5.0 and 7.0 percent at Regents institutions for FY 2024.

FY 2024 Tuition Increase

Historically, KSU and KU have had the highest tuition rates out of all Regents institutions, while FHSU had the lowest tuition rate over the past five years. For FY 2024, FHSU received the highest increase at 7.0 percent.

The chart below reflects the in-state tuition increase for full-time students per semester for each Regents institution for FY 2024:

Dollar ChangePercent Change
KSU$131.955%
ESU$146.005%
WSU$237.235%
KU$252.005%
KUMC*$257.405%
FHSU$201.906%
PSU$145.207%
*University of Kansas Medical Center

5-Year Change in Tuition

Since 2019, in-state tuition has increased at the Regents institutions by an average of $300 per semester. WSU had the highest change, with a 12.7 percent increase in tuition and fees, and KU had the lowest change, with a 5.0 percent increase.

KBOR also governs community and technical colleges, but tuition and fee rates are set for each college by a local board of trustees. Community and technical colleges have seen increases up to 86.7 percent and reductions as low as -5.7 percent since 2019, but, on average, they have maintained a steady rate that does not see any major increases.

201920202021202220232024
KSU$5,192$5,220$5,220$5,210$5,224$5,471
PSU$3,649$3,669$3,752$3,872$3,887$4,078
WSU$4,135$4,150$4,217$4,400$4,431$4,661
ESU$3,379$3,399$3,485$3,500$3,505$3,678
FHSU$2,566$2,637$2,725$2,722$2,722$2,817
KU$5,574$5,583$5,583$5,583$5,584$5,850
*reflects undergraduate tuition by semester

Washburn University

Washburn University is governed internally by the Washburn Board of Regents. It differs from other public universities in that it receives municipal funding from local Topeka sales tax. Tuition and fees are established by the Board of Regents and are subject to change by the Board of Regents. In the past 5 years, Washburn University has seen a 15.8 percent increase for tuition. This includes an increase of an estimated $225 from academic years 2023 to 2024.

The estimated cost per credit hour at Washburn University for FY 2024 is $337, or $5,127 for the semester. This data does not include information for Washburn University School of Law.

Discounted Tuition Programs

Wichita State University Tuition

WSU offers a special program with discounted tuition to out-of-state students. This program is called the Shocker City Partnership Tuition Discount. This discount is available for graduate and undergraduate students taking a minimum
of 15 credit hours. The program began in 2022 and aims to expand the university’s network to reach students in other states along the I-35 corridor. This discounted tuition program is offered in specific eligible counties within Arkansas, Colorado, Iowa, Missouri, Nebraska, Oklahoma, and Texas. More information about program eligibility can be found on the WSU website.

Additionally, WSU offers the Shocker Select program, which provides a 33.0 percent discount to eligible students. This discounted tuition program is offered in Arkansas, Colorado, Iowa, Missouri, Nebraska, Oklahoma, and Texas.

WSU also offers Legacy Tuition for out-of-state students who have a parent, step-parent, grandparent, step-grandparent, or legal guardian that graduated from WSU. These students are eligible to receive in-state tuition under the program.

Fort Hays State University

The in-state tuition at FHSU for FY 2024 is $2,800 per semester, or $188 per credit hour, which is the lowest cost of all the Regents institutions.

Similar to WSU, FHSU offers a discounted tuition program called the Midwest Student Exchange Program. This program is available to students from Indiana, Minnesota, North Dakota, Ohio, and Wisconsin who are enrolling for on-campus courses at FHSU.
FHSU also offers a variety of online courses with tuition rates starting at $242.76 per credit hour. These courses include, but are not limited to, programs for nursing, criminal justice, and finance management.

For more information, contact:

Brianna Horton
Fiscal Analyst

Matthew Willis
Senior Research Analyst

Kansas Legislative Research Department
Kansas State Capitol Building
300 W. 10th, Suite 68-West
Topeka KS 66612-1504
kslegres@klrd.ks.gov
(785) 296-3181

Unified School District Open Enrollment Statutes

Open enrollment allows students to select and transfer to a public school of their choosing rather than attending a public school based on where they live. It is one of the school choice policies employed most frequently in the Unites States. State open enrollment statutes and regulations typically address intra-district (within district) enrollment, inter-district (between districts) enrollment, whether the policy is voluntary or mandatory, and whether certain students should be prioritized for open enrollment programs over other students.

Open Enrollment in Kansas

Kansas has mandatory inter-district open enrollment policies but allows for districts to determine how many out-of-district students to accept.

KSA 72-13,101 pertains to inter-district open enrollment through agreements between
boards of education of any two or more unified school districts. Under this law, boards of education are permitted to enter into agreements, not to exceed five years, to provide for the attendance of students residing in one school district at a school maintained by another school district.

KSA 72-3123 also concerns inter-district open enrollment and authorizes boards of education of any school district to permit students who are not residents to enroll and attend the schools of the district.

Recent Kansas Legislation

2022 Senate Sub. for HB 2567 amended KSA 72-13,101 to prohibit school districts from charging students for attending nonresident schools and provide that the costs of providing for the attendance of a student at a nonresident district must be paid by the student’s school district of residence.

2022 Senate Sub. for HB 2567 also amended KSA 72-3123 to authorize, beginning in the 2024-2025 school year, any student eligible to attend a public school within the state to attend a school within a district regardless of whether the student is a resident of the district, if the nonresident, or receiving, district has open capacity.

Students will be able to submit an application to a nonresident school district between June 1 and June 30 each year for the fall semester. School districts must accept all student applicants if the number of applications is equal to or less than the available capacity for a grade level in the district. If the number of applications exceeds the capacity for a grade level within the district, the district will randomly select nonresident students via a lottery process. Capacity limits are determined by the district on a grade by grade level.

Priority enrollment will be given to siblings of an accepted nonresident student during the initial acceptance or at any other time the district considers application, and siblings will not be subject to the open seat lottery. In addition, any student in the custody of the Department for Children and Families who is living in the home of a nonresident student will be allowed to attend school in the receiving district.

School districts will be prohibited from charging tuition or fees to nonresident students, except for fees otherwise charged to every student enrolled and attending in the district, and from admitting or denying students based upon ethnicity, national origin, gender, income level, disabling condition, proficiency in the English language, measure of achievement, aptitude, or athletic ability. However, districts are not required to provide transportation to nonresident students.

Open Enrollment in Other States

Every state and the District of Columbia has open enrollment policies, except for Alabama, Alaska, Maryland, and North Carolina. Generally, states prioritize or give preference to resident students, returning students, siblings of enrolled students, and children of school personnel. A few states also prioritize students in foster care, students experiencing homelessness, students who qualify for free or reduced lunch, or students in low-performing schools.

States with Intra-district Open Enrollment

Currently, 27 states and the District of Columbia have policies permitting intra-district open enrollment:

  • 16 states and the District of Columbia have mandatory policies;
  • 8 states have voluntary policies; and
  • 3 states have policies that are both mandatory and voluntary.
  • States with Inter-district Open Enrollment
  • Currently, 43 states have policies permitting inter-district open enrollment:
  • 15 states have mandatory policies;
  • 19 states have voluntary policies; and
  • 9 states have policies that are both mandatory and voluntary.

States with Both Types of Open Enrollment

Currently, 24 states have policies permitting both intra-district and inter-district open enrollment.

The map below illustrates which states have open enrollment policies and whether they permit intra-district open enrollment, inter-district open enrollment, or both.

State USD Open Enrollment Policies chart map of the U.S.A.
State USD Open Enrollment Policies

For more information, contact:

Elaina Rudder
Senior Research Analyst

Mathew Willis
Senior Research Analyst

Kansas Legislative Research Department
Kansas State Capitol Building
300 W. 10th, Suite 68-West
Topeka KS 66612-1504
kslegres@klrd.ks.gov
(785) 296-3181

Vaccine Requirements in K-12 Schools and Post-secondary Institutions

Kansas Statute

KSA 72-6262 et seq. requires proof of vaccination for all students enrolling for the first time in a school, preschool, day care program operated by a school, or as designated by the Secretary of the Kansas Department of Health and Environment (Secretary). Certification must be from a licensed physician or local health department and detail that the student has received all tests and vaccines as deemed necessary by the Secretary. The current list of required tests and vaccines can be found in KAR 28-1-20, and any changes to the list are required to go through the rules and regulations process. The last update to this regulation occurred in 2019 and included the additions of hepatitis A and meningitis to the list of required vaccinations.

Students may be exempt from providing certification if, as an alternative, they provide the school with an annual written statement from a licensed physician confirming that their physical condition is such that one or more of the required tests or vaccinations would “seriously endanger the life or health of the child.” The student would also be exempt if they provide written certification from at least one parent or guardian confirming that the student is an adherent to a religious denomination whose beliefs are opposed to the tests or vaccinations.

Should the student be unable or unwilling to provide proof of the tests and vaccinations, and also unable or unwilling to provide an alternative certification to exempt them from the requirements, then KSA 72-6265 gives local school boards the authority to exclude the student from attendance at the school, preschool, or day care program until they provide one of the previously listed certifications. Such an exclusion policy must include a requirement to provide the student’s parent or guardian with written notice that details the reasoning for exclusion, notice that the exclusion shall continue until compliance has been met, and notice that a hearing shall be afforded should the parent or guardian wish it.

For post-secondary institutions, KSA 76-761a requires all colleges and universities to have policies and procedures in place that require any student living in student housing to be vaccinated against meningitis. However, such policies must also contain waiver procedures for students who refuse to receive the vaccination.

Types of Vaccine Exemptions by state, map chart of the U.S.A.
Types of Vaccine Exemptions by state

Recent Action

Four bills regarding student vaccination were introduced during the 2023 Session: HB 2007, SB 20, SB 314, and SB 315. The bills, as introduced, would have prohibited the Secretary from requiring vaccination against COVID-19 for children in a child care facility or children attending school, prohibit the inquiry into the sincerity of a request for exemption, and repeal law requiring meningitis vaccination for students to stay in student housing for colleges and universities.

The contents of both SB 314 and SB 315 were included in Senate Sub. for HB 2390 during conference committee. The conference committee report failed in the Senate on a vote of 19-18.

Other States

All U.S. states require children attending child care centers and schools to be vaccinated against specific diseases. Alabama, California, and New Hampshire require the fewest (7 vaccinations), while Rhode Island requires the most (13 vaccinations). The median number of required vaccinations by a state is nine. Kansas requires ten vaccines for children and students.

Additionally, some states require vaccinations in some capacity for students attending post-secondary institutions within the state. Currently, 29 states and the District of Columbia require vaccinations for either hepatitis B, meningitis, or both for post-secondary students. Kansas currently requires post-secondary students living in student housing to have received a meningitis vaccination.

All 50 states provide at least one type of exemption from mandatory vaccine requirements. California, Connecticut, Maine, New York, and West Virginia allow only medical exemptions from vaccines. All other states allow a combination of medical, religious, and personal belief exemptions from mandatory vaccines.

Vaccines RequiredStates
7Alabama, California, New Hampshire, South Dakota
8Alaska, Colorado, Delaware, Florida, Massachusetts, Mississippi, Nebraska, Oregon, Washington, Wisconsin
9Arizona, Illinois, Iowa, Maine, Maryland, Michigan, Missouri, Montana, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Vermont, Virginia, Wyoming
10Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Minnesota, Nevada, New Jersey, New York, Pennsylvania, Texas, Utah, West Virginia
11Connecticut, District of Columbia, Hawaii, Idaho, North Dakota
12Ohio
13Rhode Island

For more information, contact:

Mathew Willis
Senior Research Analyst

Elaina Rudder
Senior Research Analyst

Kansas Legislative Research Department
Kansas State Capitol Building
300 W. 10th, Suite 68-West
Topeka KS 66612-1504
kslegres@klrd.ks.gov
(785) 296-3181