By KAREN BONAR

Ellsworth County Independent-Reporter

Two representatives from the Kansas State Department of Education met with patrons of USD 112 Central Plains on June 27 to answer questions about the upcoming Aug. 1 vote.  

The vote will give patrons of the district the option to disorganize with a “yes” vote or remain the same with a “no” vote. 

“I’m not here to convince you how to vote,” said Scott Gordon, general counsel for KSDE. “I want you to know what will happen afterward.  

“You may have heard rumors or information from people who say they’re on the inside. They don’t know what they’re talking about. Nobody knows what they’re talking about.” 

This is because the upcoming vote is based on a law from 1947. 

“The law we’re relying on to potentially resolve this has never been used,” he said. 

Meetings were held in both Claflin and Wilson to give patrons from different geographic regions of the district an opportunity to attend, with the same information shared at both locations. 

“That petition has been filed, you get to vote on the issue of whether or not to dissolve the district,” Gordon told the Claflin attendees. “From what I hear, is there is not a unified community in 112. There is a disagreement about what should happen with the school district.” 

If the majority of voters vote no, USD 112 continues without interruption. Gordon said another attempt to dissolve the district is not possible for two years. 

The bulk of the conversation at both meetings centered around what a yes vote would mean. 

“If majority say yes, you are voting to dissolve 112 as a district,” Gordon told the standing-room-only crowd in Wilson. 

“You are saying, ‘We are done with this as a district and we want the state to reassign all, or portions, to other districts.’” 

If a majority of voters vote yes, he said the county election officer will notify the Kansas State Board of Education. The next step is for the KSBE to appoint a hearing officer. 

“The only thing the state board is doing is deciding how to divide the territory and the property within those territories among surrounding school districts,” Gordon said.  

The state BOE will not assume the duties of running USD 112 if a vote to dissolve passes, he said.  

“The purpose of that hearing officer is to gather information from as many individuals as possible,” Gordon said. “That will include conversations with neighboring school districts to gather information about what are the capacities of the neighboring school districts, what are the needs of the neighboring school districts.” 

He said a rumor is circulating about a survey to all households in the district in the event of a yes vote. 

“I don’t know who is spreading the rumor — stop it,” Gordon said. “There will be an opportunity during the public hearing to give comment. I do not anticipate sending surveys out to 112.” 

If the state is tasked with re-drawing district lines, he said it is unclear what those new boundaries will look like.  

“It is entirely possible the person sitting next to you in the room may not be in the same school district with you if the vote goes through,” Gordon said. “I’ve also heard that you will get to pick which school district you end up with afterward. No. that’s just also probably not going to happen. If you are relying on that to happen, don’t.” 

If a simple majority votes yes, the process will likely take months. Gordon deals with districts that have a simple land transfer or petition from one district to another to assign students. 

“I tell them they have to have it to my office by Feb. 15,” Gordon said, “and that’s a simple case. This is not simple.” 

He reiterated a new school district will not be formed. It is not permitted by state statute. 

If property from USD 112 is assigned to other districts, Gordon said the receiving district will choose what to do with property and buildings. 

“If they do not want to keep them open, they don’t have to,” he said. 

The petition is a separate issue from the closure of Wilson Jr./Sr. High School, Gordon said.  

 “The vote to close that building has already taken place,” he told the Wilson attendees. “A vote yes does not mean the building automatically reopens. The receiving school district has the right to decide to reopen it. They could do that.” 

Similarly, teacher contracts are not guaranteed to continue. 

“If you vote to disorganize a school district, you disorganize a local school board,” Gordon said. “If the school district is disorganized, it no longer exists as an employer. If it’s not an employer, it can’t have any employees. There is no legal obligation that I’m aware of that they (a receiving district) must hire people.” 

Local board of education representation was also discussed.  

Gordon said once the state BOE’s decision is final, voters have a 120-day waiting period before they are eligible to vote for local school board officers. While voters may participate, it will take longer for residents to have local representation in their new district(s).  

“The boundaries will have to be redrawn,” Gordon said, “then all districts within that district will have to be redrawn so it represents roughly the same population. That’s a lengthy process. It is going to take time. I made up, arbitrarily, the 18-month estimate before you would have someone that represents you in the new school district.” 

There is no way of knowing how the state would potentially draw up new boundaries before the Aug. 1 vote he said. 

A Claflin patron asked if students are assigned to USD 431 Hoisington, would seats be added to the board to account for new representation. 

“Seven is the cap,” Gordon said. “All of the boundaries will have to be redrawn to account for the new population.” 

Another Claflin patron asked, “What is local/state appeal process if yes vote goes through?” 

“There is none,” Gordon said. “I don’t know of anyone who has the authority to appeal an election.” 

Other questions included special education. 

“The services are required to be provided,” Gordon said. “If you are transferred to a new co-op, you will have a new IEP team, the services will be provided. The services move with the child.” 

Transportation is also required. 

“The new district is required to provide transportation,” Craig Neuenswander, KSDE deputy commissioner, said. “It doesn’t have to be door-to-door. Paying mileage counts.” 

An upcoming change to out-of-district rules for high school students was also discussed. 

“Schools will be required to accept non-residents if they have space,” Neuenswander said. “Your students can go there. The state aid goes wherever the student is. The taxes remain local.” 

The USD 112 district spans five counties: Ellsworth, Barton, Rice, Russell and Lincoln. All five counties have the same voter registration deadline of July 11.   

Ellsworth County Election Officer Shelly Vopat said each county may begin advance voting at a different time.