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USA|Kansas Legislative Update (1.29.2010)
By Dodie Wellshear, Government Relations Consultant
Note: USA|Kansas testimony and previous Legislative Updates can be found in the Legislative Action Center on the USA|Kansas website

Legislative hearings off to a fast start

Legislative hearings on school-related issues took off at a fast pace this past week. Among the bills receiving hearings were: HB 2239, implementing a web-based accounting and reporting system; HB 2280, eliminating equalization state aid for capital outlay and capital improvement bond issues; and HB 2486, extending the legal life a school bus to 25 years. Following are summaries of the bills and the hearings.

HB 2239—Kansas Uniform Financial Accounting and Reporting Act (House Education Budget Committee)

Proponents of HB 2239 are seeking a uniform, web-based financial accounting and reporting system down to the building level for school districts across Kansas. They argue that the current system is not uniform and does not allow for building-level comparisons across school districts.

Opponents of the bill included USA|Kansas, KASB, and a number of school district representatives—including Dr. Rob Balsters, Seaman; Dr. Gary George, Olathe; and Diane Gjerstad, Wichita. School districts argue that the current accounting and reporting system provides necessary information and that the likely cost of the system being proposed would not be an efficient use of taxpayer dollars.

A similar system recently begun for a number of state agencies has a price tag of between $40-50 million. One member of the Education Budget Committee, Rep. Harold Lane (D-Topeka) requested information regarding the cost of a similar system implemented in Minnesota. Reportedly, the cost of that system may reach as much as $560 million and required six additional administrative staff positions in their state agency, as well as regional accounting coordinators to provide assistance to school districts.

No action was taken on this bill, but it will likely receive committee action in coming weeks.

HB 2280—Eliminating equalization state aid for capital outlay/capital improvement bond issues (House Education Budget Committee)

HB 2280 would eliminate equalization state aid to school districts for capital outlay and capital improvement bond issues upon the effective date of the bill. As the bill is written this would include bond issues that have been passed by local voters, but whose bonds have not been let.

State school board member Walt Chappell appeared as the chief proponent of this bill. In his testimony, he referenced this funding as being like “candy in the candy jar” that school districts just couldn’t pass up, and argued that this is funding that should be foregone in these tough budget times.

A number of school districts—including Wichita, Olathe, and Kansas City, KS—as well as building construction and bonding entities, appeared in opposition to the bill. USA|Kansas also submitted written testimony in opposition to the bill. For school districts, this is seen as a measure that will have a significant disequalizing impact on educational quality and opportunity. A representative of the construction trades implored the committee not to pass this legislation, due to the further impact it would have on construction jobs in Kansas.

No action was taken on this bill, but it will likely receive committee action in coming weeks.

HB 2486—School bus exception to 25 years (House Transportation Committee)

Superintendents from Ellsworth and Victoria school districts were on hand Wednesday in support of legislation to extend the legal life of a school bus from the current 20 years, to 25 years. Examples were given of school buses that were legally aged-out, but only had around 100,000 miles on them, were in pristine condition, and could only garner $500 when sold. School buses are inspected regularly and the current law creates an unnecessary burden on districts, at a time when they need to be watching closely how each school dollar is spent. USA|Kansas submitted written testimony in support of HB 2486.

There was only one opponent, from a school bus safety association, who complained this would delay the full implementation of new safety features. The committee is prepared to act on this bill in the next couple of weeks.

Legislators prepare to examine two USA|Kansas priority issues

Two of the association’s legislative priorities will receive hearings by the Senate Education Committee this week. The first, SB 362, relates to the teacher renewal notification deadline and will receive a hearing on Monday, February 1st. In the absence of a multi-year school finance plan and with the final legislative appropriations bill not being passed until the end of April or first of May, making appropriate teacher staffing decisions under the current notification deadline has become excruciatingly difficult for school administrators and local boards.

As written, SB 362 would require a teacher to give notice to the district that the teacher does not want to continue the contract before May 15, or not later than 15 days after the issuance of a unilateral contract, whichever is the later date. (Current law does not reference unilateral contracts.) The bill also states that provisions of SB 362 would apply only in years when a bill appropriating money for General State Aid, or lapsing an appropriation for General State Aid, for the ensuing school year is approved by the Governor on or after April 16.

Written notice to terminate a contract may be served by a district to any teacher prior to the time a contract has been completed. This notice of intent to not renew a contract would be required to be served to a teacher no later than 15 days after the date on which the bill appropriating or lapsing money for General State Aid is approved by the Governor. A teacher would be required to give written notice to a district that the teacher does not desire continuation of a contract: (1) no later than 30 days after the date of the bill appropriating or lapsing money for General State Aid for the ensuing school year is approved by the Governor; or (2) no later than 15 days after final action is taken by the board upon the termination of professional contract negotiations, whichever is later.

USA|Kansas testimony will include a recommendation to specifically tie the notification to the Omnibus Appropriations Bill, which is the final budget bill run each legislative session, and, perhaps, to also include a five-year sunset on this legislation.

Two bills, SB 358 and SB 359, regarding catastrophic state aid for special education, will be heard on Wednesday. SB 358 would amend the special education catastrophic state aid law by increasing the student eligibility amount from $25,000 to $36,000, effective in the current school year. Beginning with the 2010-2011 school year, the $36,000 base would increase based on the rate of change in the Consumer Price Index. In addition, any state special education aid received would become a deduction in computing the $36,000 per student cost.

SB 359 would amend the special education catastrophic state aid law by increasing the student eligibility amount from $25,000 to twice the amount of categorical aid. In addition, any state special education aid received would become a deduction in computing the entitlement under catastrophic aid.

Committees of interest for the week of February 1, 2010

Monday, February 1

1:30 pm, Senate Education Committee, Room 152-S

Hearings on:
  • SB 362—Teachers and administrators, contracts; notice of non-renewal
  • SB 355—Teachers; contracts; notice of non-renewal, retirants from school employment
Tuesday, February 2

10:30 am, Senate Ways & Means Committee, Room 548-S

Hearing on:
  • SB 21—Allowing a special capital outlay levy for insurance and utilities
1:30 pm, Senate Education Committee, Room 152-S
  • Legislative Post Audit Report: Catastrophic state aid funding for special education
Wednesday, February 3

9:00 am, House Education Committee, Docking Room 711

Hearing on:
  • HB 2410—Recalculating adjusted enrollment for school districts if it is determined pupils are not eligible for free meals
1:30 pm, Senate Education Committee, Room 152-S

Hearings on:
  • SB 358 & SB 359—Catastrophic state aid for special education (Note: SB 359 is the proposal from the Special Education Directors Association.)
Thursday, February 4
  • Legislative Post Audit Report: Efficiency Audit of the Ellinwood School District
If you are interested in presenting written or oral testimony on any of these bills, please contact Cheryl Semmel at the USA|Kansas office: csemmel@ usakansas.org or (785) 232-6566.


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