The Kansas State Board of Education on July 22 voted to block an executive order issued by Governor Laura Kelly (D) that would have delayed the start of public and private school instruction in the state until after Labor Day.
Kelly issued the executive order on July 20 in light of Kansas’ recent spike in coronavirus cases. The order would have barred public and private schools in the state from holding classes from August 10 through September 8 with the goal of providing school personnel with “the opportunity to prepare for safe and effective student instruction.”
Republican lawmakers passed legislation in June that required Kelly to gain approval from the State Board of Education in order to change school opening dates. The State Board of Education is a constitutionally created board that functions as part of the executive branch. However, the board’s 10 members are elected by the public and, therefore, are not subject to direct control by the governor. The board voted 5-5 to block the order—one vote shy of the six votes that would have been required for approval.
“Our decisions must be informed by public health experts not politics,” said Kelly in a statement following the board’s decision. “This vote puts our students, faculty, their families and our economy at risk.”
Board members opposed to the executive order disagreed with the governor’s statewide approach, arguing that school opening decisions should be made at the local level. “This virus is not the same across the state,” said board member Jean Clifford.
- Laura Kelly (Kansas)
- Kansas State Legislature
- Five pillars of the administrative state: Executive control of agencies