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January 26, 2007

This week’s links:

Subscibe to Under the Dome, KNEA’s daily legislative report.

Everything you want to know about the Kansas legislature is right here!

Funding Issues:

Full House passes education “lock box”

When the full House took up SB 30 as amended in the House Appropriations Committee, a number of floor amendments were tried but most were rejected as not germane to the bill (rules prohibit two subjects to be in the same bill) while others were voted down.

The next day SB 30 passed the House on a vote of 105 to 17. This House version is different from that passed by the Senate, setting up the need for a Conference Committee to work out the differences.

The Senate version would set aside $122.7 million for the third year of the school finance plan. The House Committee amended so that it sets aside about $348 million to pay for both years two and three of the school finance bill and additional money to pay off the bonds from the Board of Regents crumbling classrooms initiative.

The crumbling classroom money is not to provide for the deferred maintenance needs of today – needs that caused a serious power outage at Kansas State University yesterday when an aging pipe burst. This money is to pay off the bonds issued the last time maintenance needs were addressed. At that time, the legislature crafted a list of projects to be completed with the “crumbling classrooms” intitative funds.

The Senate version of SB 30 assumes that this year’s legislature will fund year two of the finance plan as part of “business as usual.”

Senate Ed passes bill to help extend local property tax mill levies for cost of living and declining enrollment

The Senate Education Committee acted to assist the five school districts that currently levy a local property tax for the cost of living adjustment and/or declining enrollment.

The legislation that enabled these districts to access the money also set them up for the distinct possibility of losing it. Districts using these weightings were required to have the maximum LOB – 30% this year but 31% next year. Since that LOB increase is subject to an election, the district could lose their cost of living or declining enrollment money if the vote to move the LOB from 30 to 31% were to fail.

Senate Bill 69 would take the LOB requirement from the state maximum to “at least 25%” thereby saving the weightings for those districts. KNEA supports this legislation which was passed out of committee favorably. Look for it on the Senate floor early next week.

Tax Issues:

More tax cuts under consideration in Senate Tax Committee

The Senate Tax Committee held a hearing on SCR 1602, a constitutional amendment that would require the legislature to limit residential property valuation increases for all Kansans over age 65.

As in every legislative session, there are multiple tax cut or limit proposals but no discussion of how the state will keep up with services – services like schools, highways, public safety, and caring for the poor, disabled, or elderly – with the reduction in revenue.

This year they are considering phasing out or reducing a variety of business taxes, limiting property taxes, and adding sales tax exemptions.

What’s the bottom line for KNEA? We will not support decisions that erode the tax base for public education or other vital state services.

We specifically oppose the passage of SCR 1602 without a move to offset the loss in revenue to local  units of government. Since public education depends to a large extent on property taxes – both through the statewide 20 mill levy and through local efforts including the LOB, ancillary facilities weighting, the cost of living weighting, declining enrollment weighting and a variety of local bond issues – we cannot support limitations on property taxes that are not offset by other adjustments in the tax system.

KNEA continues to believe that the legislature should make a comprehensive examination of the entire tax system to ensure that our many provisions result in a system that will provide stable funding for all state services and that is fair to both citizens and business.

At-Risk discussion dominates

Senate Task Force hears from the field on at-risk

The Senate K-12 Task Force spent most of the week examining at-risk funding. Chairman Nick Jordan (R-Shawnee) invited representatives of various education organizations to come before the Task Force and talk about at-risk funding or programs.

Taking him up on the offer were Mark Tallman of KASB, Mark Desetti of KNEA, Diane Gjerstad of USD 259 Wichita, Bill Reardon of USD 500 Kansas City, and Bill Brady of Schools for Fair Funding.

Everyone supported continuing to fund at-risk programs on the basis of poverty (currently school districts receive a weighting for every free-lunch student). KASB and KNEA also advocated for the extension of the non-proficient at-risk weighting under which districts receive a weighting for non-poverty students who are below proficient on state assessments. Schools for Fair Funding asked that that weighting not be extended until after the state provides regular at-risk funding to the level called for in the Legislative Post Audit study.

A few legislators have suggested funding at-risk programs on the basis of indicators (such as low test scores) instead of poverty. The only state with such a program is Georgia. Most states use either poverty alone or a combination known as “poverty plus.”

KNEA supports the poverty plus funding method. Said KNEA lobbyist Mark Desetti, “Funding on poverty allows school districts to provide preventative programs like all day kindergarten; the non-proficient weighting allows for intervention programs.”

Senator John Vratil (R-Leawood) had challenged Desetti for asserting that there is a correlation between poverty and academic achievement and suggested he should bring evidence.

Later in the week Desetti was given the opportunity to provide research evidence that there was such a correlation.

Desetti presented the Task Force with four studies and quoted from the abstracts of each (click on the word “from” to see the study):

From a 2005 study: “Researchers and practicing educators have long known of the strong link between family background characteristics, particularly family economic status, and the academic achievement of students.”

From another 2005 study: “Our baseline estimates imply that a $1,000 increase in income raises math test scores by 2.1 percent and reading test scores by 3.6 percent of a standard deviation.”

From a 1999 study: “Results revealed that when maternal education and early childhood behaviour were controlled, poverty had an effect on both academic failure and extreme delinquency.”

From a 1992 study: “I find that the amount of time spent in poverty has a significant and negative effect on the child’s academic achievement.”

Vratil, in his rebuttal, called the studies the “opinions” of researchers and again cited data from the Legislative Post Audit Division that there is not a positive correlation between the number of students on free lunch and the number of students served in at-risk programs in Kansas .

Anyone have a Kansas-centric study out there?

At-risk discussion brings in Andy Tompkins

Former Education Commissioner Andy Tompkins made a series of appearances in the capitol this week in his role as Chairman of the At-Risk Council.

First stop was the House Education Committee, then the Senate Education Committee, and finally the Senate K-12 Task Force. At each meeting Tompkins shared the recommendations of the Council:

1. The Council recommends that the second level of funding for at-risk students, which is the high density formula, be based on the prior year's data and implemented using a linear transition calculation. The Council believes that the density formula needs to be reviewed periodically to ensure that it is taking into account all areas of the state and that it is adding value to student learning.
2. The Council affirms that the third level of funding, Non-Proficient At-Risk Weighting, be for students who are below proficiency and not on free lunch. Also, the Council recommends that the 2010 Commission study the impact of this provision and the formula which distributes the funding should be simplified if the weighting remains in effect beyond its current statutory termination date of June 30, 2007. Further, the Council notes that the student improvement team practice currently utilized in the schools should be helpful in identifying the results of this initiative.
3. The Council recommends the continued support of the data system being developed and implemented by the Kansas State Department of Education as a critical component in the ongoing understanding of the achievement gap of at-risk students. Furthermore, the Council supports the implementation of 2006 SB 549 which requires the State Department of Education to provide performance and financial accountability for the use of at-risk funding. Additionally, the Council recommends that the Kansas State Department of Education be supported in its efforts to be a resource for schools in identifying successful programs of education and strategies for helping at-risk students.
4. The Council recommends that the Department of Education periodically reevaluate the existing criteria for the determination of a student to be in need of at-risk services to include consideration of the use of at-risk funds on specific professional development to serve at-risk students such as behavior management training.
5. The Council recommends that the 2010 Commission authorize follow-up studies on early career teachers who leave the profession to determine what factors contribute to their leaving, as well as successful practices needed to recruit and retain highly qualified teachers.
6. The Council recommends that the 2010 Commission authorize a study to determine the factors contributing to the achievement gap and lack of progress in student achievement at the high school level.

A number of the recommendations have already found their way into proposed legislation. Specifically, the legislature is considering SB 93 which implements the linear transition in recommendation 1 and SB 68 which extends the non-proficient at-risk weighting and simplifies the formula as suggested in recommendation 2. In addition the legislature is now conducting, in the Senate K-12 Task Force, a review of eligibility criteria called for in recommendation 4.

Click here to read the At-Risk Council’s report.

Other bills being heard

House Ed hears bill to decouple accreditation and NCLB

The House Education Committee held a hearing on HB 2015, a school accreditation bill which would change “standards” to “goals” for accreditation purposes. The intent, as explained by Sen. John Vratil (R-Leawood) would be to prevent the State Board of Education from using an accreditation system aligned with the federal No Child Left Behind Act. A second section of the bill deals with how the state and local school districts should deal with NCLB and other under- and un-funded federal mandates.

The committee had so many questions and concerns about different parts of the bill that Committee Chairman Clay Aurand (R-Courtland) chose to form a subcommittee to review the matter. The subcommittee will meet Tuesday of next week. Subcommittee members are Bill Otto (R-Leroy), Chairman, Deena Horst (R-Salina), Marc Rhoades (R-Newton), Sue Storm (D-Overland Park ), and Ann Mah (D-Topeka).

House Ed takes up employees serving on school boards

The House also took up HB 2022 which would allow low-income school employees to serve on their employing school board but not let a school board member who owns a company to hold a contract with the district, it would prohibit an employee of a contractor who has a contract with a school district from serving on the board.

KNEA lobbyist Mark Desetti asked the committee to amend the bill by striking the income limitation on school employees elected to serve. “If a $6000 employee can serve and avoid conflicts of interest than so can a $6,100 employee or a $26,000 employee,” Desetti told the committee.

KNEA also asked that the section on business owners be amended to simply prohibit them from voting on the contract if they serve on the board and that the prohibition on employees of contractors simply be stricken.

No action was taken on the bill.

Senate Education hears teacher scholarship bills

The Senate Education Committee heard SB 22 and SB 23, dealing with expanding teacher preparation programs and providing scholarships to prospective teachers.

Senate Bill 22 provides matching grant money to teacher preparation programs seeking to expand. Most teacher training programs are at capacity now.

Senate Bill 23 consolidates a number of teacher scholarship programs and makes them better. Under these consolidated scholarships teachers would be able to access money to seek new endorsements or pursue a masters degree provided they are in shortage areas either by endorsement or for service in an area experiencing a severe teacher shortage as determined by the State Board of Education.

KNEA testified in favor of both bills. There were no opponents.

No action was taken at this time.

Senate Ed considers wide-open school choice bill.

The Senate Ed Committee held a hearing on SB 70 by Senator Phil Journey (R-Haysville) which would allow a district to drive buses into neighboring school districts to pick up kids who want to attend their district. Current law allows the buses in only under inter-district agreements or if a child lives at least 10 miles away from the nearest school in his home district and less than 10 miles from a school in the neighboring district.

KNEA testified against the bill suggesting that it would encourage student recruitment for everything from athletics to academics to simply saving yourself from declining enrollment. KNEA lobbyist Mark Desetti called the proposal “a solution in search of a problem.”

It was noted that under current law any child can attend school in a neighboring district if the district will have the student but the child will have to provide for his or her own transportation.

No action will be taken on the bill until next week.

Politics as usual?

Tossing a political bomb in the House

A Johnson County district judge has issued findings of fact declaring that Democrat Gene Rardin defeated Republican Dennis Kriegshauser by two votes.

The findings now go to a House Committee (evenly divided between Democrats and Republicans) that will review them and make a recommendation to the full House. The full House – currently overwhelmingly Republican – would vote on that recommendation. The recommendation could be to reject the findings and declare Kriegshauser the winner. If the House accepts that recommendation, look for any chance for good will and bipartisanship to go out the window. If Rardin were removed and replaced by a Republican, Democrats would lose one seat on the Appropriations, Tax, Judiciary, and Federal and State Affairs Committees.

Rardin has been declared the winner now three times – by four votes after the official canvass, by three votes after a recount, and now by two votes after review by a judge.

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.