• KNEA Legislative Agenda
• Legislative Issues
• Legislative Week in Review
• School Funding Central
• State Board News
• Take Action Now (LAC)
• Under the Dome Today

February 9, 2007

This week’s links:

Complex & Controversial… 

Americans for Prosperity and a proposed constitutional amendment for supermajority votes would love to stifle state services.

Click here for more information about the proposals that AFP loves. Read about TABOR and its potentially devastating effect on Kansas.

Just what is the HPV vaccine and will it help our girls and women?

For a Food and Drug Administration press release on the HPV vaccine, click here.

For the Centers for Disease Control Fact Sheet on HPV, click here.

Want to be a legislative know-it-all?

Stop hoping someone forwards this to you!

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

Funding Issues:

Should the Legislature have to make “suitable” provision for the finance of schools?

The answer, as proposed in SCR 1601, a constitutional amendment that would strike the words “make suitable provision” from the constitution, is NO!

This is one in a long line of proposals to dumb down the Kansas public schools. Attempts by legislators to strip the word “suitable” from the constitution or to statutorily define suitable as just a series of course offerings have been debated under the dome ever since Schools for Fair Funding won the school  finance lawsuit and forced the Legislature to increase funding for public education.

This latest proposal offered by Senator Phil Journey (R-Haysville) would leave schools with no recourse should the legislature continue to increase requirements while not increasing funding. In effect, schools could not sue the state as they did in the recently settled case because the constitution would now read, “The legislature shall provide for finance of the educational interests of the state in the manner and amount as determined solely by the legislature.”

Asked whether any group, such as the disabled, could sue the state for more funding, KNEA lobbyist Mark Desetti told the Senate Judiciary Committee that the right to seek redress in the courts is open to anyone but the only program the constitution speaks directly to in regards to finance is education.

In the hearing in the Judiciary Committee the only proponent was Senator Journey. KNEA’s Desetti and Mark Tallman of KASB testified as opponents of the bill.

Should the state lower the transportation mileage?

The House Education Committee first heard a bill – HB 2063 – by Representative Bill Otto (R-Leroy) that would lower the transportation mileage in the formula from 2.5 miles to 1 mile. At 2.5 miles, Kansas has one of the highest limits in the nation.

Of course this would come with a hefty pricetag. The Department of Education estimates the bill would effect transportation for about 90,000 students and cost the state an additional $26 million in 2008.

KNEA testified in favor of HB 2063 as a safety issue for students.

Should Kansas  put tighter controls on out of state students?

HB 2092 would require districts to have agreements with cross-border districts before they could take students from out of state. The sending district would have to agree to pay the costs of educating that student. For example, if an Oklahoma student comes in to attend a Kansas school, there would have to be an agreement between the Oklahoma district and the Kansas district under which the Oklahoma district would pay for the education of the student.

There are exceptions in the bill for the children of school district employees, children whose parents own property and pay property taxes in Kansas, and students who attended a Kansas school in the 2004-05 school year.

This is another annual proposal offered as a cost saver. Legislators assume that the state is paying the costs of education lots of kids who cross the borders. In a fiscal analysis of the impact, savings to the state would be offset by increases in the low-enrollment weighting caused by the loss of the students.

While working bills on Friday, the Committee took a pass on HB 2092, deciding not to move ahead with it.

Should we fix a flaw in the high density at-risk weighting?

The Senate Education Committee held a hearing on Senate Bill 93 which would change the high density at-risk weighting by distributing it on a linear basis rather than its current “stair step” approach. Under current law districts with 40% to 49.9% poverty receive an additional at-risk weighting of 0.4 while those with 50% or greater poverty receive an additional 0.9. Under this construct if a district with 50% poverty were to lose one or two students it could potentially lose thousands of dollars in funding.

The new proposal would provide a slight increase in funding for each student in poverty from 35% to 50%. This would result in a much smaller loss of funds for districts where the number of students in poverty decreases. KNEA testified in support of the bill.

Should the cost of living weighting be change?

Also heard in Senate Ed was Senate Bill 142 which changes the cost-of-living (COLA) weighting from a measure of the cost of residential housing to a comparable wage index resulting in a more regionally based system and allowing many more school districts – 101 in all – to have the opportunity to access this local property tax levy.

KNEA supports changing the COLA to a regional basis but the bill still contains a flaw. The COLA has no state aid component. Property poor school districts might have the opportunity to raise local property taxes for the COLA but the required mill levy would be so high without state aid that most could not. KNEA will testify that doing this properly would require a state aid component.

Tax Issues:

Still more reductions to state revenue!

The House Taxation Committee discussed yet another tax cut proposal, taking up HB 2264. This time they are taking on the consideration of social security benefits in the state income tax system.

KNEA and KASB worked together on testimony before the Committee. Mark Tallman of KASB spoke on behalf of both organizations.

KNEA and KASB continue to remind the members of the Tax Committees that piecemeal alterations to the state’s tax system are like squeezing a balloon. When you press one end of a balloon, the other end becomes over-inflated. If we reduce one tax then we put pressure on other elements in the tax system; perhaps requiring an increase elsewhere.

Legislators seem to be particularly concerned about the impact of various taxes on senior citizens. The problem with their solutions is that they take a blanket approach – no senior gets a valuation increase on their home or no senior pays income tax on social security benefits. What they fail to address is targeting tax relief to those who actually need tax relief.

KNEA, in testimony on these proposals, has urged the committee to utilize means testing in providing such relief. If a retiree is living on social security alone, perhaps tax relief is needed. But retirees with social security, another retirement plan, and other investments is likely able to afford their tax bill.

In truth, the retiree living on social security alone is not likely to meet an income level requiring a tax payment so the benefit in HB 2264 would go to those with higher retirement incomes.

KNEA and KASB continue to call on the Tax Committees to conduct 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.

What about a textbook tax break?

Over in the Senate Assessment and Taxation Committee they considered SB 172, a bill to give parents a generous tax credit if they pay a textbook fee to the school district.

Such a credit would take a large chunk of money out of the state’s revenue stream.

KNEA lobbyist Mark Desetti, speaking for both KNEA and KASB suggested that the offering of such a proposal was an admission that schools were still not adequately funded. “Is it better policy,” Desetti asked, “for the state to fund schools so that there was no need for fees or to underfund schools and then give out tax credits because the schools had to resort to fees?”

Bills moving along

Passing the full Senate:

SB 109 (38-0) which would allow school districts to pay teachers on the first regularly scheduled pay date.

SB 8 (32-7) would double speeding fines in school zones.

SB 69 (39-1) allowing districts to  keep cost of living and declining enrollment weighting without going to 31% LOB.

SB 153 (38-0) allowing Stafford County school districts to share certain property for assessed valuation.

House Ed took a pass on HB 2022, the bill to allow low income school employees to serve on their employing school boards.

House Ed worked bills on Friday and moved the following to the full House for consideration:

HB 2185 which would allow someone who graduated from a Kansas high school and has been out of the state for five years to return to Kansas and get in-state tuition rates.

HB 2159 which extends the second count date for schools impacted by new military personnel; this was passed last year in response to a military base realignment but that realignment has not gone as quickly as expected and so this bill is needed.

HB 2093, a special education teacher scholarship bill amended to included teachers training to teach the gifted as well.

HB 2123, a bill which amends the 10-mile rule for transportation. Under current law if a child lives further than 10 miles from a school in his/her home district and less than 10 miles from a school in a neighboring district, the neighboring district can come in and pick up the child. This bill would delete the requirement that the student be less than 10 miles from the school in the neighboring district.

Other bills being heard

Autism Task Force

In recent years the Legislature has shown more and more interest in setting up groups to study issues and bring them recommendations. We’ve seen more and more things tossed to the Division of the Legislative Post Audit for study and a growing tendency to create other bodies including the Technical Education Commission, the 2010 Commission, and the At-risk Council.

Senate Bill 138 would establish an Autism Task Force which “shall study and conduct hearings on the issues relating to, the needs of and services available for persons with autism.”

The proposed 13-member Autism Task Force has a very specific membership appointed by legislative leadership and the governor and will be required to submit a preliminary report by November 15, 2007 with a final report due on November 15, 2008. The reports are to contain legislative recommendations.

Banning Tax-paid lobbyists

A bill heard in the House Elections and Governmental Organization Committee would prohibit the use of tax money to pay for lobbying or hiring lobbyists. HB 2260 would stop all school districts, cities, and counties or other tax-payer funding organizations from advocating at the capitol.

The bill says, “No officer or employee of any city, county, unified school district or other political or taxing subdivision of the state shall make or authorize the expenditure of funds or moneys of such political or taxing subdivision to pay the cost of employing or contracting for the services of any person whose duty and responsibility is lobbying on behalf of such political or taxing subdivision.”

In testifying against the bill, KNEA lobbyist Mark Desetti told the committee, “House Bill 2260 is a fundamental stifling of democracy. Local taxpayers depend most directly on the decisions of their local units of government. It’s their schools, their roads, their libraries, police and fire departments they have the most interest in and contact with. They expect their commissions and boards to advocate in the Legislature for their city, their county, and their school district.”

Proponents of the plan – those who would prohibit cities, counties, and school districts from lobbying – included Alan Cobb of the extreme anti-government group Americans for Prosperity.

Americans for Prosperity works to slash government programs from highways and public safety to schools and services to the elderly by seeking tax and expenditure limits on state government. Their big “success” was passing the so-called “Taxpayer Bill of Rights” or TABOR in Colorado in 1992. Last year voters in Colorado suspended TABOR in a effort to stop the disintegration of state services.

For more information about TABOR and its potentially devastating effect on Kansas, click here.

Grants for ESOL teacher training

The growing language minority population in Kansas has created a need for more teachers specially trained in English for Speakers of Other Languages. But finding those teachers remains a problem.

Into the discussion comes HB 2223, a bill which would provide grants to school districts that would pay the expenses of a teacher seeking an ESOL endorsement. Under this proposal if a school district reimburses a teacher for the cost of pursuing full ESOL endorsement, they district could apply to the State Board of Education for a grant to recoup those costs.

In testimony before the House Education Committee, KNEA lobbyist Terry Forsyth said, “When teachers are willing to take the time and effort to learn the skills necessary to teach this diverse group of students and bring them to proficiency, it is appropriate that there be financial assistance. Taking the time and making the effort to attain ESOL endorsement benefits the state, the district, and the students. But we should not expect teachers to dig into their own pockets to pay for such training.”

HPV vaccine

The House Health and Human Services Committee held a hearing on HB 2227, a bill that would require the Human Papilloma Virus vaccination for girls entering 6^th grade. This new vaccine provides protection against cervical cancer and certain sexually transmitted diseases. While the bill would require evidence of vaccination for school enrollment it also allows an opt-out for health or religious reasons.

Most of the opposition to the bill comes from those who worry that such vaccination encourages premarital sex. Texas Governor Rick Perry last week issued an executive order to require the vaccine in order to sidestep the sex debate in the Texas legislature.

A Food and Drug Administration (FDA) press release announcing the approval of the vaccine had this to say about HPV and cervical cancer:

HPV is the most common sexually-transmitted infection in the United States. The Centers for Disease Control and Prevention estimates that about 6.2 million Americans become infected with genital HPV each year and that over half of all sexually active men and women become infected at some time in their lives.  On average, there are 9,710 new cases of cervical cancer and 3,700 deaths attributed to it in the United States each year. Worldwide, cervical cancer is the second most common cancer in women; and is estimated to cause over 470,000 new cases and 233,000 deaths each year.

To read the full FDA press release, click here.

For more information on HPV, click here to read the Centers for Disease Control Fact Sheet.

KNEA testified in favor of the bill saying, “KNEA believes that HB 2227 is an appropriate measure designed to protect the health of girls and women. Cervical cancer is a serious threat to women and, now that a vaccine is available which can prevent this terrible disease, it is right that the Legislature should act to protect our girls.”

Such a requirement is not without precedent. We have required a variety of vaccinations for school entry starting with the polio vaccine and mass tuberculosis screenings. Recent additions have been the Hepatitis B vaccine for elementary age children and the Meningitis vaccine for college students.

Dealing with nasty campaign calls

This week the Senate Elections Committee took up the issue of campaign phone calls.

Senate Bill 195 would require that express advocacy political phone calls – those advocating the election or defeat of a clearly identified candidate – contain a statement announcing the organization that paid for the call.

This is a little glitch in the campaign finance laws. Current law requires such notice on print materials but not phone calls. KNEA testified in favor of this provision as a campaign finance “clean up” measure.

Another section of the bill would ban all automatic political calls – the so-called “robocalls.” This last election saw a dramatic increase in the use of these calls and they were often quite nasty in nature. KNEA places one robocall in an election to our members urging them to vote.

KNEA urged the committee to consider a more limited measure that would address the nasty advocacy calls and still allow membership organizations such as KNEA and Kansans for Life and the political parties to make calls to their own members.

State Politics

House Committee declares Rardin the winner; Kriegshauser withdraws!

On Tuesday the Special House Committee reviewing the judge’s findings of fact in the challenge to Gene Rardin’s narrow victory in HD 16 issued a unanimous statement that Rardin won by either two or three votes.

Rardin was declared the winner after a canvass by four votes, then in a recount by three votes, and finally by a judge by two votes. Now a bipartisan House Committee says the same thing.

On Wednesday Republican challenger John Dennis Kriegshauser withdrew his challenge and thereby ended a call for a vote of the full House of Representatives. The recommendation to the full House was to declare Rardin the winner.

The Committee was made up of Republicans Mike O’Neal, Gary Hayzlett, and Jene Vickrey and Democrats Tom Sawyer, Mike Peterson, and Jim Ward.

Coming up next week!

Plenty to keep your lobbyists hopping!

Among the many bills getting hearings next week:

HB 2090, requiring schools to will conduct physical fitness test including height/weight and calculation of BMI in grades 4, 7, 9, and 12 and to report the data to state; schools would also have to report the number of teachers certified to teach PE and how many hours they are teaching PE.

HB 2275, requiring that all vending machines be turned off during school hours unless it only dispenses water.

HB 2343, giving a student who graduates from HS one year early $1000 to buy tools for use as a building trades worker and, if he/she then completes a building trades program or union apprenticeship, he/she gets $3000

SB 144 extends the statewide 20 mill property tax levy for schools

SB 170, restricts the sale of beverages during the school day

HB 2310 defines bullying and requires all schools to adopt and implement a plan to eliminate bullying; requires schools to survey students annually on effectiveness of program and report to state

SB 171 requires schools to provide fresh fruits and vegetables that have not been deep fried to students but not at meal times

SB 282 creates special ed vouchers (a bill by Senator Chris Steineger)

HB 2253 creates special ed vouchers (a bill by Reps. Lance Kinzer, Steve Brunk, Richard Carlson, John Faber, Ben Hodge, Steve Huebert, Kasha Kelley, Mike Kiegerl, Peggy Mast, Ty Masterson, and Jason Watkins)

HB 2298 would allow Kansans over 65 years of age to defer property taxes

SB 281 is the same as HB 2090 above but also would require in grades K-6 200 minutes of PE every 10 school days and in grades 7-12 400 minutes of PE every 10 school days

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.