When new elected officials take office, it often raises questions and concerns about new ideas or changes to K-12 education policies and funding. 

In Kansas, the state constitution places a high priority on public education, making it a key responsibility of state government. Article 6 of the Kansas Constitution outlines the state’s role:

• Direct the legislature to “provide for intellectual, educational, scientific and vocational improvement by establishing and maintaining public schools, educational institutions and related activities,” and further directs the Legislature to “make suitable provision for finance of the educational interests of the state.”
• Create an elected State Board of Education for “general supervision” of education. The state board hires a commissioner of education. Most other state agencies are led by secretaries appointed by the Governor. Postsecondary institutions fall under the Kansas Board of Regents. 
• Provide that public schools in Kansas be “maintained, developed and operated by locally elected boards,” which means the actual operation of public schools is carried out by local officials and local employees. 

The federal government influences the actions of the State Board and local districts primarily by making federal funding dependent upon following or enforcement of federal laws.

By contrast, there is not a federal right to an education or a responsibility for federal education programs, and education is not mentioned in the U.S. Constitution. However, Congress has chosen to pass laws and create programs to direct, guide and support both K-12 and postsecondary education. 

Important aspects of the federal role in K-12 education:

• K-12 education is primarily a state responsibility, mostly administered through local school boards. The U.S. Congress has established a role in education through laws, programs, funding and administration.
• Most federal education programs and funding are administered through the U.S. Department of Education, but many of these programs were created before the department and could be continued under different agencies. Elimination of the department would not automatically eliminate these programs.
• Most federal programs are associated with funding to state and local school districts. Federal aid is a relatively small portion of overall education funding. Because it is mostly targeted at specific types of students and districts, a reduction in funding would impact school districts and students differently.
• The U.S. Department of Education has some discretion over regulations and guidance, which can change as presidential administrations change.

Education may be affected by provisions of the U.S. Constitution, such as Equal Protection Clause of the 14th Amendment, which was applied in Brown v. Board of Education case to declare that racial segregation in public schools was unconstitutional. Schools may also be impacted by general federal laws, such as those applied to all employers, public agencies or other organizations.

Most, but not all federal educational laws and programs are administrated through the U.S. Department of Education, which was created in 1979 and is the third youngest of the 15 cabinet agencies. The head of the department is the U.S. Secretary of Education, appointed by the president and confirmed by the Senate. 

Most of the major federal education functions were created before the department was created and were part of other agencies. As a result, elimination of the department would not necessarily eliminate programs or funding if those responsibilities were shifted to other agencies. 

Federal Funding for K-12 in Kansas

While temporary pandemic aid inflated amounts in recent years, federal aid for Kansas schools has averaged about 8 percent of total school district funding since 2001. It is projected to total around $600 million in coming years. However, the role of federal aid in individual districts varies significantly because most federal aid programs are not allocated equally based on enrollment but are targeted to particular groups of students on need-based formulas.

Consider two examples. Blue Valley USD 229 in Johnson County has among the lowest percentages of low-income students and students with disabilities in the state, while Kansas City USD 500 in Wyandotte County has one of the highest. With just under 22,000 students, Blue Valley received $17.6 million in total federal aid in 2022-23, making up 4.9 percent of its budget and equaling $803 per pupil. Kansas City, with about 20,000 students, received $89.3 million in federal aid. This was 19.5 percent of its budget and equaled $4,415 per pupil.

Reductions in federal funding under the current formulas would have a much larger impact on some districts, particularly those with more at-risk students.

Major Federal Programs and Policies

Food Service Aid

The largest ongoing federal program for K-12 education is not under the Department of Education, but rather the Department of Agriculture. It is also one of the oldest programs. Beginning in 1946, the federal government has provided funding to both public and private schools to subsidize food services for low-income students. The program has since expanded, and Kansas now receives about $260 million annually for these services.

For the past ten years nearly 50 percent of public school students and about 18 percent of accredited private school students have qualified for these meals. Reducing this program would require families to pay more for student meals and snacks, or the school system would have to shift funding to cover the reduction.

Title I and Other ESEA Programs

The Elementary and Secondary Education Act (ESEA) was passed in 1965 to address educational inequality by sending federal funding to schools, particularly those serving low-income students. The biggest part of this program is Title I, which provides about $125 million annually to Kansas school districts to help disadvantaged students reach academic goals. Other parts or Titles of ESEA provide Kansas with approximately $50 million for migrant, neglected and delinquent children grants; teacher training, state assessments, rural schools, Native American education, English Language Acquisition and support for homeless children.

Much of this funding is used to hire teachers and other staff to support students who need extra academic help, particularly in schools with high numbers of children from low-income families. Reducing funding for these programs would likely reduce teachers and support staff. Because these funds are distributed based on need, districts with more low-income students or other identified at-risk groups would likely lose more funding.

Special Education

Beginning in 1975 with the passage of what is now the Individuals with Disabilities Education Act (IDEA) federal law sets specific requirements for states and public schools regarding children with disabilities. These include:

• An Individualized Education Program (IEP) with specific educational goals and the services needed to achieve them
• Least Restrictive Environment (LRE) requirements that students with disabilities be educated with their non-disabled peers to the maximum extent appropriate
• Evaluation procedures to determine a child's eligibility for services
• Involvement of parents and teachers in making decisions regarding the child's education
• Procedural protections for students and their families to ensure these rights

To comply with IDEA, Kansas has passed state laws that meet these requirements. In a few cases they have exceeded the requirements, such as requiring special education services for gifted students.
In 2023, the additional costs of providing special education services was over $700 million more than what would be spent on students without these services. Kansas schools received $141 million in federal special education aid, which only covers about 20 percent of excess costs. Kansas provided $523 million in state aid and used $22 million in federal pandemic aid for special education, which all together covered 75.6 percent of additional costs. School districts must cover the rest of these required services with general funding. Congress originally promised to cover 40 percent of these costs and Kansas state law says, when combined with federal aid, state aid should cover 92 percent of excess costs, so both are failing to meet their responsibility.

Because these services are required by both state and federal law, if federal special education funding was reduced, either state aid would have to be increased, or districts would have to shift more funding to make up the difference. If federal special education requirements were reduced, they would still be required under Kansas laws and regulations unless changed by the Kansas Legislature.

Impact Aid

Certain Kansas school districts received $35 million in 2023 to mitigate the impact of military installations. This aid is provided because such bases typically remove significant amounts of property from the school district tax base and create additional challenges in serving the needs of transient students and military families. If federal impact aid were reduced or eliminated, these military-impacted districts would receive less overall funding.

Career and Technical Education or Vocational Aid

Kansas receives about $13 million annually in federal funding to improve the quality of Career and Technical Education (CTE) programs to ensure that students acquire the academic, technical and employability skills needed to succeed in the workforce. The funds go to the Kansas Board of Regents. Half of the funding, $6.5 million, goes to K-12 programs. The other half is distributed by the Board of Regents to postsecondary institutions.

Most of the K-12 funds are distributed to school districts and may be used for implementing CTE programs, purchasing equipment and technology for CTE programs, providing professional development for CTE teachers and staff, supporting career guidance and counseling services and enhancing partnerships between schools, businesses, and industry.

Aid to Private School Students

Private K-12 schools may participate in the school meals program. In addition, public districts are required to provide special education services and use a proportionate amount of their Title I funding for services for private school students. There has been some support for providing federal assistance directly to families enrolling in private schools to help cover the cost of tuition and fees. An example is the D.C. Opportunity Scholarship Program, a federally funded program that provides scholarships to low-income families in Washington, D.C., allowing their children to attend private schools. Another form of assistance comes from creating federal tax advantages for funding the cost of private school attendance, like the Kansas tax credit program for private school scholarships.

Higher Education Aid

School districts are increasingly expected to prepare students for technical and academic programs after high school and are evaluated by how many students begin or complete these programs. For Kansas, the federal government annually provides $302 million in direct student aid for college students, mostly Pell Grants to low-income students. They also provide $740 million in student loans to Kansas college students. Cuts in these programs could make it more difficult for students to attend postsecondary programs.

Enforcement of Civil Rights and Other Laws

Within the U.S. Department of Education, the Office for Civil Rights (OCR) can have a major impact on education through its enforcement of laws that prohibit discrimination based on race, color, national origin, sex, disability and age. This includes investigating complaints of discrimination, conducting compliance reviews, and providing technical assistance to help institutions comply with these laws.

School districts or other institutions that fail to comply with civil rights laws may lose federal financial assistance. OCR may also require actions to remedy discrimination and prevent future violations, and referral for legal action, which can result in lawsuits and court orders.

The U.S. Department of Education also adopts regulations and provides guidance to carry out federal laws. The department has discretion in this area and its positions may change. 
Department of Education regulations can be challenged in court, and Congress can change the authority for adopting regulations or the laws on which they are based.

Funding data from U.S. Department of Education State Tables