USA|Kansas Legislative Update (3.5.2010)
By By: Dodie Wellshear, Government Relations Consultant
Mar 5, 2010 - 3:34:05 PM
Governor announces plan for balancing FY 2010 budget; blasts legislature for multi-billion dollar tax cuts to the wealthy

Governor Parkinson announced Friday morning his plan to make up $106 million shortfall in the current budget year. Two of the measures included in the plan can be accomplished by the governor himself, but the remaining four measures will require legislative action. In laying out his plan, the governor spared education, social services, and public safety from further cuts in the FY 2010 year.

The governor maintains that $21million of the shortfall can be explained by tax refunds that were paid out earlier than usual, due to electronic filing this year, so his plan addresses the remaining $85 million shortfall. Click here to read details of the governor’s proposal.

While generally more reserved in his public comments, Governor Parkinson charged the Legislature with eroding the state’s tax base by a whopping $9 billion in the last decade. Further, he charged that the bulk of the tax breaks granted over that time have gone to large corporate interests and the wealthy, causing the brunt of economic downturn to fall on the middle class and on public services.

He said that while he understands why the public and those engaged in the TEA Party initiatives are so upset about taxes, their angst is misdirected; essentially, the tax burden has increased for the middle class, but only because big business and the wealthy have been relieved of so much of their fair share.

Update on bills related to legislative priorities

SB 359—Special education; catastrophic state aid

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.

Status: The Senate Education Committee passed the bill favorably, without further amendments. Look for the full Senate to debate the bill in the next week and send to the House for further action. (Note: the bill is exempt.)

HB 2409—Special education; catastrophic state aid

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

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.

Status: The House Education Committee held a public hearing this past week. As the bill is not exempt, Chairman Clay Aurand has said elements of HB 2600 may be amended into SB 359, once it is passed and forwarded by the Senate.

SB 362—Notice of non-renewal of contracts for teachers & administrators

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.

Status: The House Education Budget Committee held a hearing on the bill on Tuesday, March 2. USA|Kansas, Superintendent Mike Mathes (Seaman), KASB, and a number of school districts appeared in support of the bill. KNEA spoke in opposition. Rep. Clay Aurand, vice-chair of the committee, will likely move to amend the bill’s notification date to May 15. As the Legislature’s mega-budget is nearly always passed during the first week or two of May, USA|Kansas would support such an amendment.

HB 2699—School districts; teacher tenure

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.

Status: The House Education Budget Committee held a hearing on the bill on Wednesday, March 3. USA/Kansas and KASB appeared in support of the bill, as did Superintendents Brenda Dietrich (Auburn-Washburn) and Jim Lentz (Augusta), and Special Education Administrator Terry Collins (Doniphan County); Blue Valley USD also submitted written testimony supporting the legislation. KNEA and a couple of teacher coaches from Wichita spoke in opposition to the bill. Look for Rep. Clay Aurand to request an amendment that would allow the school administration and a third-year teacher to form an agreement, allowing the teacher to accept a fourth contract, in those cases where the teacher has not demonstrated the level of proficiency needed to be offered tenure, but the administrator believes that is likely to occur with an additional year or two of professional development. USA|Kansas would support such an amendment, as it allows tenure to occur after the current three years in most cases, but provides an alternative in the cases noted previously.

SB 512—Medicaid replacement state aid extended

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.

Status: The House Education Budget Committee held a public hearing this past week. The bill awaits committee action.

HB 2704—School consolidation

HB 2704 would change current law regarding school finance. Any school district with less than 200 square miles and less than 200 pupils would have the same low enrollment weighting as those districts with 400 pupils. The bill would take effect on July 1, 2012. The bill also allows three school districts to consolidate into two districts, effective upon the bill’s passage.

Status: The House Education Committee amended the bill from the original language of 200 square miles and 400 pupils, to 200 square miles and 200 pupils, to affect fewer school districts.

Special editorial: Accusations, uncertainty, fear; maintaining focus and integrity
(from Dodie Wellshear)

This past week has been marked not only by intense legislative committee focus on a number of key education issues, but by heated accusations—many of which are outright untrue and inflammatory—by one education organization against others. As I saw so many being pulled into the extreme rancor exchanged on some of these issues, including several of USA|Kansas’ legislative priorities, I took some time to step back and more thoughtfully consider what is really underlying and fueling this type of rhetoric and communication.

One phenomenon that clearly sticks out in world history is how various leaders, cultures, and generations have dealt with uncertain times. Many of history’s most despot leaders have gained their power by preying on the fears of those they represent, in times of greater uncertainty—most notably during economic downturns and threats to personal safety. Leaders such as Hitler were ultimately able to lead their masses into heinous acts against other groups, by fueling their fears and convincing them that these other groups were to blame for the uncertainty they were experiencing.

Contrast Hitler’s leadership style in a culture of uncertainty and fear, with that of our own President Abraham Lincoln. Although he was deeply opposed to the South seceding from the United States and led our country during one of its greatest times of crisis and uncertainty, he never lost sight of the ultimate aim—that is, preserving the Union. Throughout the Civil War conflict and the extremist attacks leveled against him, by friends and enemies alike, he continually reminded Northerners that our war was not against the people of the Confederacy themselves; rather, it was against an ideology that threatened to permanently divide the United States.

I hope that all of us involved in moving K-12 education where we think it needs to go will emulate some of the qualities exhibited by President Lincoln in hard times. First, whatever the various differences and skirmishes along the way, to remain focused on our ultimate aim of ensuring that every child in Kansas receives the best education possible, setting them up to be successful and productive adults.

Second, no matter what attacks and accusations are leveled our way, that we maintain our integrity—that we choose to take the high road, that we remain honest, and not resort to hurling untruths and innuendo or preying upon the fears of those we serve.

Finally, that we resist the urge to blow up bridges and relationships that have and will continue to help us best serve the educational interests of Kansas youth.

Committees of interest for the week of March 8th

Monday, March 8

10:30am, Senate Ways & Means Committee, Room 548-S1:30pm, Senate Education Committee, Room 152-STuesday, March 9

10:30am, Senate Assessment & Taxation Committee, Room 152-S10:30am, Senate Ways & Means Committee, Room 548-SWednesday, March 10

10:30am, Senate Assessment & Taxation Committee, Room 152-S1:30pm, Senate Education Committee, Room 152-S

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