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USA|Kansas Legislative Update (2.27.2010)
By Dodie Wellshear, Government Relations Consultant
Slow week after legislative turnaround; USA|Kansas issues heat up next week

Monday, February 22, marked the first legislative turnaround of the 2010 Session. Most bills—except those going through the Ways and Means, Appropriations, House/Senate Federal and State Affairs, or House Taxation committees—are required to have moved on from their chamber of origin for the second legislative body to now consider.

A hearing was held early Tuesday morning on SB 538, which would extend the age of school bus use from 20 years, as is current law, to 25 years. As she did on an identical bill in the House, HB 2486, Victoria superintendent Linda Kenne presented excellent testimony in support of the bill. HB 2486 passed the House 118-4.

Next week, a number of hearings and committee deliberations will be held on USA|Kansas’ 2010 legislative priorities. Following are the hearing dates and times, as well as brief descriptions of the bills being heard.

Tuesday, March 2

Senate Education Committee, 1:30pm, 152-S
  • SB 359—Special education; catastrophic state aid (Committee deliberations)
SB 359, as amended, would amend the special education catastrophic state aid law by increasing the student eligibility amount from $25,000 to twice the amount of state aid paid per special teacher in the preceding school year. In addition, any federal special education aid or state special education aid would become a deduction in computing the entitlement under catastrophic aid.

The committee is reconsidering its previous action on the bill. Those representing districts that would be financially disadvantaged by SB 359 want to "grandfather" these districts for the current year, should this legislation be passed.

House Education Budget Committee, 3:30pm, 159-S
  • SB 362—Notice of non-renewal of contracts for teachers & administrators (Public hearing)
SB 362 would amend the continuing teacher contract law to allow a school board to adopt a resolution, under which the school board may give notice of the board’s intent to not renew a teacher’s contract after May 1, but no later than June 1 of the school year. In such a case, a teacher would have until June 15 to notify the board of an intent to not renew the teaching contract. The same would apply to administrators, within the term when the administrator’s contract expires. The bill would also enact clarifying language regarding unilateral contracts.
  • SB 512—Medicaid replacement state aid extended (Public hearing)
SB 512 would amend a provision in the special education law which provides for the payment of Medicaid replacement aid to school districts. Under current law, during the school years of 2007-2008, 2008-2009, and 2009-2010, the State Board of Education is required to designate a portion of special education state aid as Medicaid replacement. This funding cannot exceed $9.0 million in any school year. The bill would remove the designated school years resulting in designation on a permanent basis.

Wednesday, March 3

House Education Committee, 9:00am, Docking building 711
  • HB 2409—Special education; catastrophic state aid (Public hearing)
HB 2409 would amend the special education catastrophic state aid law by increasing the student eligibility amount from $25,000 to $36,000, effective with the 2009-2010 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.

According to the Department of Education, enactment of HB 2409 would reduce state catastrophic aid from $12.0 million in FY 2009 to $4.0 million in FY 2010. Categorical aid per teacher would increase by the same amount. Any fiscal effect associated with HB 2409 is not reflected in The FY 2011 Governor’s Budget Report.
  • HB 2600—Special education; minimum and maximum amounts of state aid paid as reimbursement to districts for teachers and paras (Public hearing)
HB 2600 would amend statutes regarding special education state aid. Each year, the State Board of Education would determine the minimum and maximum amount of special education state aid by subtracting travel, transportation and maintenance of an exceptional child at a place other than the child’s residence from the total amount appropriated for special education state aid. The remainder would be divided by the FTE enrollment of exceptional children receiving special education services and then would multiply the quotient by 0.75. The product would be the minimum amount that a district could receive in special education state aid. The maximum amount would be determined by multiplying the quotient by 1.50.

According to the Department of Education, enactment of HB 2600 would not change the amount of special education state aid received by school districts. However, the bill would redistribute amounts received by individual school districts.

House Education Budget Committee, 3:30pm, 159-S
  • HB 2699—School districts; teacher tenure (Public hearing)
HB 2699 would amend teacher tenure law by extending from three consecutive years of employment and a fourth contract, to five years and a sixth contract, to be the point at which school districts are required to offer teachers tenure. Those who have previous attained tenure in their employment history are extended from two consecutive years and a third contract, to three years and a fourth contract.



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