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This week’s links:

HB 2986 as it passed the House

School Finance in Focus: HB 2986 as it passed the House

State Department Review of HB 2986 as it passed the House

House Education Budget Committee hears bill expanding education bureaucracy

The House Education Budget Committee held a hearing on HB 3006, a proposal that would direct the State Board of Education to create and implement a reorganization plan that establishes an “uber-superintendent” for each State Board of Education District. This bureaucrat would be selected by the school boards within the district and would have no apparent duties. School districts would still have their own superintendents but would be prohibited from hiring any assistant, associate, or deputy superintendents. Supervisors and principals would be allowed. How long do you imagine it would take to issue new titles to all assistant, associate, or deputy superintendents?

Bill sponsor Rep. Shari Weber (R-Herington) told the Committee that it was her intent to eliminate all local superintendents by 2010 although the bill was not written that way. This, of course, creates a situation where one remote superintendent serves what could be more than 40 school boards while another has one school board. Without any assistant superintendents it definitely begs the question about how administrivia gets taken care of.

Speaking in opposition to the bill, KNEA lobbyist Mark Desetti told the committee, “If a school district has an “assistant superintendent for curriculum and instruction” and changes the title to “supervisor of curriculum and instruction,” does it save money? Not unless you eliminate the position entirely. If you hire one less person, who takes over the duties of that person? Not having the body does not make the work go away. The choice is to ignore the work or pass it on to others. Usually teachers.”

Speaking in favor of the bill were Weber and Ken Daniel who spoke for some time on the problems with schools and how they spend too much money without accountability – the same topic he hits on when appearing before the education committees. He repeated his “I don’t care about 4^th graders – I don’t hire 4^th graders” mantra.

Senate Ways and Means Committee hears bill on establishing a tech college commission

Up for discussion in the Senate Ways and Means Committee was SB 588, a bill establishing the “Kansas technical college and vocational education school commission.” This proposal is likely in response to a number of controversial issues swirling about the capitol which have come about due to the passage of SB 7 in 2004. Senate Bill 7 separated the technical colleges from USD Board control, setting them up as independent entities.

The result of this action has created a number of problems for technical colleges, among them the challenge of providing services with no authority to levy taxes. In the wake of all of this have been rumored proposals to merge technical colleges with other higher education institutions or to create one large technical college with satellites. There is even a bill to allow one technical college to revert to a technical school under a USD board.

Most of these discussions have taken place behind closed doors and among boards without any conversation with technical college employees.

In testimony before the Committee, KNEA lobbyist Mark Desetti, urged the legislature to include employee representatives on any such commission. Said Desetti,

“There has been a serious lack of communication among all the stakeholder groups and the one group most left in the dark has been the instructional staff. We believe that the establishment of a Kansas technical college and vocational education school commission is a good idea. Our concern is that there is no guarantee that the employees – the instructors – will be represented on this Commission. The legislature can go a long way in dealing with the many challenges facing technical schools and colleges if there is a concerted effort to guarantee that the employees are “at the table.” We would ask this Committee to consider adding a representative of the instructional staff to serve on this Commission.”

Rich Hoffman of the Kaw Area Technical School asked the Committee to add two members to the commission appointed by the technical schools association – specifically a tech college president and a tech school director. KNEA asked the Committee to add a representative of employees.

Three amendments were put on the bill. The first directs the Kansas Board of Regents to appoint a technical college president to serve on the Commission. The second puts the President of the Board of Regents on the Commission as a non-voting, ex-officio member.

KNEA was successful in getting the bill amended to require that, when making appointments to the Commission, “the governor and legislative leaders shall give consideration to persons representing businesses, industry, and instructional staff of such schools and colleges.” While this does not guarantee that an instructional staff representative will be on the Commission, it gives us a better chance when we advocate for such an appointment and provide suggestions to legislators.

The amendment was made by Senator Ruth Teichman (R-Stafford).

A tax bill to support K-12 education is introduced; a tax bill  to support higher education is attacked

Senator David Wysong (R-Mission Hills) introduced a bill in the Senate Ways and Means Committee to increase taxes to pay for the Senate’s three-year education plan (SB 584). Details of the bill were not discussed and it will not be available for review until tomorrow morning so we can’t yet tell you what it would do. Wysong has been a strong supporter of public schools, so we imagine it will be a fair proposal.

But that wasn’t the only tax brought up in the Ways and Means Committee today. They also held a hearing on SB 586, a bill that temporarily increases sales and property taxes to pay for much needed building and facility repair on our university campuses. While the Regents, Kansas State University, and the American Institute of Architects spoke about the need for funding to keep our campuses safe and modern, the usual suspects came out to attack the proposal.

Karl Peterjohn of the Kansas Taxpayers Network and Alan Cobb of Americans for Prosperity worked to convince legislators that the funding was not needed and that it would cripple Kansas. Peterjohn was asked how he would propose to pay for the repairs and, avoiding the question, he told the Committee that there was no evidence that higher education did not have enough money.

Cobb went on about “efficiencies” and told the senators that higher education should “privatize housing and food service.” Universities,” Cobb said, “are not in the business of housing students.” Cobb also suggested that the Universities could take care of the building maintenance by selling their buildings to real estate groups and leasing them back!

Would all this privatization work? Well, let’s just say that private companies are not in the business of providing a service and breaking even – they expect to make a profit.

Marathon sessions yields decent school finance bill in House

The House began debate of HB 2986 at 8:20 p.m. on Thursday. Seven and one half hours later, they moved the bill to final action on a vote of 64-57.

In the intervening hours, the bill went from the one-year plan passed by the House Select Committee that included the “Sweet 17” local property tax for the 17 wealthiest school districts, mandatory at-risk academies that privatized instruction in four districts, and clauses that virtually ensured the bill would not become law, to a positive reasoned approach to a three year plan.

Led by Rep. Ward Loyd (R-Garden City ), a coalition of moderate Republicans and Democrats gutted the Select Committee’s plan and replaced it with a modified version of the original bipartisan House leadership plan. The Moderate/Democrat coalition version of HB 2986 includes three increases in BSAPP, corresponding changes in correlation weighting, an expanded high at-risk weighting, a three year phase in of all day kindergarten, an increase in LOB authority, and a review of school funding every three years by the Legislative Post Audit. In 2010, if the LPA determines that the state has met the constitutionally required suitable level of funding, the cap on the LOB would be lifted. If, in the future, funding slipped, then the LOB cap would be reinstated.

Starting with a paper-thin majority believed to be as few as the minimum 63 votes and as high as 65, the Coalition held firm as conservatives  offered amendment after amendment and filibustered in the hopes of wearing the Coalition down.

The amendments offered, after the adoption of Loyd's “gut and go” were as follows:

• If a Kansas high school graduate needs remedial classes in college, then the USD that child graduated from must pay the expense. By Lynn Oharah (R-Uniontown) Passed 62-57.
• Lower the transportation weighting mileage from 2.5 miles to 1.5 miles. By Deena Horst (R-Salina) Failed 36-85.
• An LOB mill levy buy down. By Bill Otto (R-LeRoy) Failed on voice vote.
• Prohibiting KNEA from collecting PAC contributions via payroll deduction. By Peggy Mast (R-Emporia) Ruled non-germane; a motion to overturn the decision of the Rules Chair failed. The amendment failed.
• An additional $50 on BSAPP. By John Faber (R-Brewster) Failed 49-73.
• Institute Building Based Budgeting. By Mary Pilcher-Cook (R-Shawnee) Failed on a voice vote.
• Schools are required to send a monthly report to every parent indicating what the district spent educating their child that month. Parents must sign and return the form. By Shari Weber (R-Herington) Weber filibustered here by reading funding increases for every school district from the special session bill. The amendment failed 46-74.
• Making it a crime for a school administrator to sign off on a financial report if there is an error in the report. By Jason Watkins (R-Wichita) Failed 61-62.
• Repealing in-state tuition for the children of undocumented alien residents. By Becky Hutchins (R-Holton) Failed 57-66.
• Vouchers for special education students (a Kay O’Connor bill from 2005). By Lance Kinzer (R-Olathe) Failed 53-68.
• LPA to do a school consolidation study. By Steve Huebert (R-Valley Center ) Failed 17-98.
• An early graduation incentive program; a $1000 payment to a student who graduates from high school early and goes to a vocational school or college. Includes a scholarship to a vocational school or college. By Anthony Brown (R-Eudora) Carried 62-54.
• Go back to the House Select plan but include increases by the CPI for two years beyond the first. By Mike O’Neal (R-Hutchinson) Failed 61-62.
• Math and science teachers who will surrender their due process and contract rights get “merit pay.” By Mike O’Neal (R-Hutchinson) Failed 59-62.
• If a school receives funding from a local sales tax, the receipts shall be deducted from state aid. By Kathe Decker (R-Clay Center ) Failed 48-74.
• Adopt the LPA study as it is and lift the cap on the LOB. By Jason Watkins (R-Wichita) Failed 0-112.
• Secondary school sex education classes must include detailed and graphic information on fetal development and abortions. By Mary Pilcher-Cook (R-Shawnee) Ruled non germane. Amendment failed.
• LOB equalized to 25%; lift the cap with any LOB beyond the 25% not equalized. By Ted Powers (R-Mulvane) Failed on voice vote.
• The same abortion and sex ed amendment but include a provision that any school that violates the requirement shall not be eligible for state aid. By Mary Pilcher-Cook (R-Shawnee) Failed 60-61.
• Enactment date; the bill only becomes law if the lawsuit is dismissed by the Court. By Mike O’Neal (R-Hutchinson) Passed 62-61.
• Strike the enactment clause (kills the bill entirely). By Jason Watkins (R-Wichita) Failed 56-67.
• Enactment date; change from when the lawsuit is dismissed to on publication. By Jim Ward (D-Wichita) Carried 65-57.

After voting to advance the bill to final action, the House adjourned until 10:00 this morning. That explains the stream of headlights around the Capitol at 4:00 a.m.

The final action vote took place this morning. The bill was passed on a vote of 64-61 but not without long explanations by conservatives on how this will bankrupt the state.

So now what happens? Is it done?

Not necessarily. There is a chance that with such a thin margin of victory (it takes 63 votes to pass a bill), there could be an attempt to reconsider the vote. If that is the case, we need a majority to vote NO on a motion to reconsider. It there is such a motion and it fails, then there is no other way to kill the bill in the House – any other actions would take place over in the Senate or in a Conference Committee. A motion to reconsider could be made next Wednesday when the House reconvenes.

Governor Sebelius stands up for working Kansans!

Vetoes SB 461, the disposable worker bill!

The Governor heard your voice and stood firm for you – the working people of Kansas. Despite the passage of SB 461 in the Senate and then the House, she used her pen to veto this terrible attack on working men and women.

SB 461 would have stripped Kansas workers of workers compensation benefits when injured on the job and used age or injuries suffered in the war in Iraq as the excuse. “Why,” said proponent Bill Curtis of the Kansas Association of School Boards, “should we have to pay for the aging process?”

SB 461 was opposed by KNEA, the AARP of Kansas, the Kansas State Nurses Association, and employee groups throughout the state.

Proponents were angry but, realizing the chances of overriding the veto were slim, chose not to attempt the override. Working Kansans are safe for another year!

Both chambers override veto of concealed carry allowing guns to be carried at non-athletic school activities

Governor Sebelius vetoed Senate Bill 418, the concealed carry of handguns bill, which had passed the House 90-33 and the Senate 30-10.

Every time the bill has passed before the Governor vetoed it – Governor Graves in 1997 and Governor Sebelius in 2004 – and the Governor stuck by her guns (pun intended) and vetoed it again.

While the House did make two changes requested by KNEA when they prohibited guns in churches, temples and child care facilities, they still refused to prohibit guns at school activities held off campus. The bill only prohibits guns at school athletic activities held off campus. Field trips and non-athletic activities will have no prohibition.

The Senate got the first chance to override and the vote was the same as before, 30-10. Acting the next day, the House also voted to override. Concealed carry now becomes Kansas law.

Bills that passed the House this week include:

• SB 139, establishing the Kansas Academy of Math and Science (KAMS). The bill creates a residential academy for up to 40 Kansas high school students (5 from each congressional district and 20 “at large”) to complete their last two years of high school on a college campus (to be determined) where they would earn both a high school diploma and an associate’s degree. Their state assessment scores would count for their home school district and the home district would not receive any state aid for the student; state aid would go to KAMS.
• SB 344, making it a crime to “willfully fail or refuse to comply with any lawful order or direction of any uniformed school crossing guard invested by law with authority to direct, control or regulate traffic.”
• SB 485, allowing school boards to issue a ruling on a suspension or expulsion at their next regularly scheduled meeting instead of within five days as is current law.
• SB 305had started out as a chance for Barclay College students to get financial aid under the state’s comprehensive grant program but was amended in committee to drop the Barclay College piece and insert a program supporting National Guard soldiers seeking a college education. This bill may be another chance for Representative Hutchins to try to amend in her immigrant tuition repeal. We’ll be watching.
• House Sub for SB 270, a retirement bill increasing the earnings cap for KPERS retirees to $20,000, providing a benefit increase for persons who retired prior to 1972, and requiring employers to pay the actuarial rate (about 14%) to KPERS for persons they hire back after retirement. Unfortunately it also makes these retiree/workers “at will” employees meaning they have no rights whatsoever. If you are not ready to live on your KPERS retirement, don’t take this chance!
• HB 3012, allowing districts to create shared schools by interlocal agreement – proposed for Doniphan County districts that want to operate a joint high school, it would apply state-wide for interested districts.

Passing the Senate were:

• HB 2578, expanding the special education teacher scholarship plan. This provides support for teachers wishing to become licensed and endorsed in special education.
• HB 2634, allowing the Satanta and Sublette school districts to share their property for the purpose of determining assessed valuation per pupil. It was amended in committee to allow USDs 404, 493, 499, and 508 to do the same thing if a bill allowing expanded gaming in Cherokee County should pass.
• HB 2575, allowing for gifted 9^th and 10^th graders to participate in concurrent enrollment classes and earn both high school and college credits.
• HB 2585, requiring redistricting of local school board districts every ten years.

Still under consideration on the calendar today as we go to press:

• SB 329changes the standards review process from three to seven years but is likely to be used as a vehicle for SB 508, the “abstinence plus” bill that would codify the sex education standards that were allowed to lapse by the State Board of Education along with an “opt out” requirement as opposed to the “opt in” provision adopted by the SBOE at their last meeting. (The bill is the last one on the calendar.)

 Dropped “below the line” and now dead:

• HB 2345 which overrules the Kansas State High School Activities Association on the issue of swimming or diving with a school team while participating on a club team. Under KSHSAA rules, a student athlete may not compete or train with a club team during the sport season when the athlete competes for the school. The rule is considered a way of “leveling the field” among schools where such opportunities are not available state-wide. HB 2345 applies only to swimming and diving; the prohibition would still stand for all other high school sports.

KNEA Legislative Contacts

Blake West, President
Mark Desetti, Director, Legislative and Political Advocacy
Terry Forsyth, Director, Political Action

The KNEA Lobby Team consists of elected leaders and staff. The Lobby Team welcomes member feedback on issues before the Legislature and on this site.