Kansas Supreme Court denies reopening Montoy
The Kansas Supreme Court on Friday morning issued a statement saying they were denying plaintiff’s request to reopen the Montoy school finance case of 2005. Schools for Fair Funding (SFFF) filed the request on the first day of the legislative session, seeking to have the case reopened and claiming the Legislature had not fulfilled its multi-year funding obligation to Kansas schools.
Should SFFF decide to file a new court challenge, the process would have to begin again in the district courts and could take years to move through the legal process. To read the Court statement, go to www.kscourts.org/Kansas-Courts/Supreme-Court/Orders/Case-Orders/92032-Montoy-Denial-Order-2112010.pdf
USA|Kansas contingent meets with Speaker O’Neal
Two superintendents, Brenda Dietrich (Auburn-Washburn) and Mike Mathes (Seaman), as well as USA|Kansas executive director Cheryl Semmel and lobbyist, Dodie Wellshear, had a productive meeting with House Speaker Mike O’Neal on Wednesday. USA|Kansas presented its 2010 legislative priorities and heard from the speaker how he might be able to assist the organization in its efforts.
Both superintendents had documents outlining the significant cuts and efficiencies they have implemented in their districts and noted that they believe most of their counterparts across the state were taking similar actions and, as stated by Mathes, “are running as efficiently as they ever have.” But, they cautioned, if cuts continued this year—especially if the legislature tries to bridge the currently-projected $400 million by cuts alone—the learning environment for students will be impacted to the point of real harm and setbacks that may never be recovered.
In addition to funding, USA|Kansas’ other policy priorities were also discussed, including:
- Temporarily extending the teacher/administrator contract notification deadline from May 1st to June 1st (SB 362)
- Amending tenure law (KSA 72-5445) to require teachers to complete not less than 5 years of consecutive employment with an offer for employment for 6 years, an extension of two years more than current law (not yet introduced);
- Extending the mandatory school bus retirement age from 20 to 25 years old (HB 2486);
- Changing the current special education catastrophic aid formula to better ensure districts don’t lose necessary resources to support students (SB 358 & 359);
- Opposing any new unfunded mandates that increase costs to districts.
Speaker O’Neal expressed strong support for these policy items and expressed appreciation for administrators’ overall respectful approach to working these policy issues out in an open dialogue with the legislature.
USA|Kansas is planning to meet with other legislative leaders in coming weeks and is grateful to Mike and Brenda for the time they took meeting and putting their presentations together.
Turnaround quickly approaching
The first “turnaround” of the 2010 legislative session is quickly approaching. The term refers to bills completing committee and full chamber action in the chamber where they originate, either the House or the Senate, and moving on to the second legislative chamber for a similar process.
Some committees are exempted from the turnaround deadline, including House/Senate Federal and State Affairs, Senate Ways and Means, House Appropriations, and House Taxation. Occasionally, a bill will be briefly pulled from a non-exempt committee, referred to an exempt committee and, then, re-referred to the non-exempt committee, so it may remain alive for further action.
Most committee action will be occurring on Monday and Tuesday of this next week, allowing most of Wednesday, Thursday, and Friday for bill debate on the chamber floor of the House and Senate.
What’s happening with USA|Kansas priorities?
Contract renewal deadline for teachers and administrators—SB 362
As recommended by USA|Kansas and other entities supportive of this legislation, the Senate Education Committee on Wednesday amended and passed favorably SB 362, which would allow school districts to extend the May 1st notification deadline to June 1st, if the Board adopts a resolution prior to May 1st expressing their intent to do so.
Action: SB 362 is scheduled to be debated by the full Senate this week. School leaders should notify your Senators ASAP to encourage their “yes” vote on this bill. Most school organizations are supporting this bill; however, KNEA opposes it and will be working full-force against its passage. You may email your state senator as follows: first name.last name@senate.ks.gov.
Catastrophic aid formula—SB 358 & 359
These two bills are scheduled for final action in the Senate Education Committee on Monday, at 1:30pm. USA|Kansas supports changing the current formula to ensure this fund provides the resources necessary to support the students for which it’s intended.
Action: Contact Senate Education Committee members and urge their support for the formula change in special education catastrophic aid, as recommended by the Special Education Directors Association.
School bus retirement age—HB 2486
This bill, extending the retirement age of school buses to 25, has been passed by the House, on a vote of 114-8. It has moved to the Senate and been referred to the Senate Transportation Committee.
Action: No specific action is needed on the bill at this time; however, members should thank House Transportation Committee Chairman Gary Hayzlett (R-Lakin) for his support in getting this passed out favorably from his committee. He can be emailed at: gary.hayzlett@house.ks.gov. Please take the opportunity to thank legislators when they support our efforts!
Tenure changes—No legislation currently introduced
No bill is currently pending on this issue; however, Speaker O’Neal indicated in the Wednesday meeting that he will check into potentially introducing this legislation in a committee exempted from the turnaround deadline.
School finance, State aid for bond issues and capital outlay resolutions—HB 2280
As introduced, this bill would have eliminated state aid for school construction bonds and capital outlay funds. On Thursday, the House Education Budget Committee took several actions on this legislative proposal:
- Rescinded an amendment made previously by Rep. Arlen Siegfried (R-Olathe) that would have put a three-year moratorium on state aid, to be restored after that time;
- Added an amendment by Rep. Clay Aurand (R-Courtland) to drop the aid ration for bond issues and capital outlay resolutions by 10%. This would mean that a district currently receiving 25%, the median aid level, would only get 15% state aid; and
- Added a second amendment by Rep. Aurand requiring districts, which are less than 200 square miles and have an enrollment of less than 400 students, to receive approval from the legislature’s Joint Committee on State Building Construction to receive state aid for bonds.
This would be effective for any bond elections held after June 30, 2010.
Action: This will go to the House floor for debate this coming week. School leaders should contact your representative ASAP and let them know how this will negatively impact your district. You may email House members as follows: First name.Last name@house.ks.gov
Committees of interest for the week of February 8, 2010
Monday, February 15
1:30pm, Senate Education Committee, Room 152-S
- Final Action on: SB 358 & 359—changing the catastrophic state aid formula
3:30pm, House Education Budget Committee, Room 159-S
- Hearing on: HB 2647—Schools; authorizing a local activities budget
- Possible action on bills or concurrent resolutions previously heard
Tuesday, February 16
12:15-1:30pm, Ways & Means Subcommittee on Dept. of Education, Room 548-S
- Staff briefing, Agency presentation
- On adjournment of Senate, Ways & Means Subcommittee on Dept. of Education, Room 548-S Public hearing
Wednesday, February 17
7:00-8:30am, Ways & Means Subcommittee on Dept. of Education, Room 546-S
- Public hearing and deliberations
If you would like to provide testimony on the FY 2011 Dept. of Education Budget, please contact Cheryl Semmel before Tuesday at the USA|Kansas office: csemmel@ usakansas.org or (785)232-6566.
