KNEA regularly sends out reviews of the Legislative session and of legislative issues impacting public schools, teachers and students.

Be Engaged in the Process

Members can get engaged by signing up for Under the Dome , our electronic report from the Capitol issued daily during the session and on occasion throughout the year.

Consider a KNEA/USA Lobby Day trip to Topeka. Two days are assigned to each UniServ District during the session through a cooperative effort with the United School Administrators (USA) of Kansas. Get in contact with your local president, your UniServ Director or your UniServ President and let them know you want to participate.

Take advantage of our legislative alert system and use it to email your legislator on critical votes during the session. The alerts are embedded in Under the Dome, are posted here on our website, and are emailed to anyone who has used the system before. You can send emails to state and federal legislators, plus news media!

Talk to your local and UniServ leaders about getting local legislators to visit with the Association or take the time to go to forums back home to keep legislators on their toes. Legislators needs to hear from teachers, administrators, support personnel and parents every time they come to town!

The end of the session

This week’s links:

What did those conference committees do?

Read any conference committee report brief at the Legislative Research Department website:

Click here for the list of Conference Committee Briefs.

Get the latest Post Audit reports on K-12 education issues!

Click here for K-12 Education: Reviewing Issues Related to Virtual Schools

Click here for K-12 Education: Reviewing the Staff Recruitment and Retention Strategies Used by Kansas School Districts

School issues:

Education policy pieces collapsed into various conference committee reports

You’ll remember all the reporting we did on conference committee meetings before the April recess. Well, those conference committee reports have moved through the process and five of them have been adopted.

CCRB 68:

This bill would remove the sunset on non-proficient at-risk weighting, require schools to adopt anti-bullying policies and implement a strategic plan to address bullying, require the KSDE to assist school districts who want to implement a character development program, simplify the LOB language in statute, and let schools experiencing a disaster to keep the same level of non-proficient at-risk weighting as they had in the previous year.

CCRB 138:

This bill establishes the “Kansas Autism Task Force,” a 24-member group charged with studying issues related to the needs and services available to people with autism and making a report to the Legislative Educational Planning Committee by November 15, 2007.
 

CCRB 2310:

This bill contains the so-called “Lawrence fix” which allows schools that implemented cost of living or declining enrollment weightings to continue to levy a tax at a rate that would generate the same amount of revenue as was generated in 2006-07 as long as their LOB equals or exceeds the amount adopted in 2006-07.

The bill also calls upon the Legislative Educational Planning Committee and the 2010 Commission to study and make recommendations on early childhood education.

They must:

• Prepare a plan which recommends establishment of the Office of Early Childhood Education,
• Develop a coordinated and comprehensive system for the delivery of early childhood education,
• Identify priorities, barriers, and gaps in service,
• Facilitate interagency and interdepartmental cooperation,
• Encourage and facilitate joint planning between the public and private sectors,
• Make recommendations for design of a universal application form, and
• Evaluate and report on the performance and cost effectiveness of early childhood education services.

CCRB 2185:

This bill includes SB 22 and SB 23, two teacher scholarship bills that would consolidate a variety of teacher scholarships into one program and also provide competitive matching grants to institutions of higher education who need to expand teacher preparation programs as a result.

The bill also provides that persons who once lived in Kansas and return within 60 months would be eligible for resident tuition at a state institute of higher education.

Higher Ed Issues:

Technical Ed Commission to continue; new “authority” to work under Regents

CCRB 2556:

This bill would extend the Kansas Technical College and Technical School Commission through December 31, 2008.

In addition, it establishes the Postsecondary Technical Education Authority under the Board of Regents to coordinate statewide planning, review technical education programs, review requests for funding, develop benchmarks and accountability indicators, advocate a policy agenda for technical education, and study ways to maximize resources to best meet the needs of business and industry.

The bill also requires the governing bodies of the Northeast Kansas Technical College, Kansas City Area Technical College, Kaw Area Technical School, Salina Area Technical School, and Southwest Kansas Technical School to submit a plan to merge or affiliate with a postsecondary education institution, or become an accredited technical college with an independent governing board by July 1, 2008.

Deferred maintenance gets a “down payment”

CCRB Sen Sub for HB 2237:

After each chamber had passed a deferred maintenance plan for higher education – plans that were millions of dollars apart – a conference committee got together and more or less “split the difference.”

In conference, House and Senate negotiators crafted a compromise measure valued at $410 million over five years – a plan still well short of the $663 million the Regents say is needed to repair and refurbish their old buildings.

The compromise plan sets aside $90 million in state revenues over five years to take on the needs of state university campuses. Beginning July 1, 2008, it implements $62.5 million in tax credits over four years to leverage $120 million in private donations to universities, community colleges, technical colleges, and Washburn University. It also allows the state to issue $20 million in bonds each year for five years.

The compromise went to the Senate first where it was adopted after debate on a vote of 30 – 8. Those Senators voting against the plan did so for one of two reasons: either they did not support the Regents’ request believing that the backlog of projects was due to bad budgeting by the Universities more than the failure of the state to maintain higher education funding or they did not believe passage of this measure would address the needs of the Universities. Those who believe the latter called this bill a “false promise” to our institutions of higher education.

The House adopted the plan without debate on a vote of 102 – 20.

KPERS Issues:

CCRB 362:

This bill implements a different benefit structure for KPERS retirees hired on or after July 1, 2009.

This bill also contains the “semi-COLA” or “diet COLA” for current retirees. Any KPERS current retiree with 10 years of service who has been retired for 10 years will receive a $300 cost of living one-time COLA. This will apply to about half of all current KPERS retirees.

CCRB 2457:

This bill makes four changes to KPERS statutes:

• Ensure that partial  lump sum distributions from KPERS are place in other tax sheltered investments (technical change requested by KPERS),
• Permit purchase of service credit for breaks in service when serving in UN peace-keeping missions,
• Makes an adjustment in the Police and Fire retirement system benefiting disabled members, and
• Prohibits investment in certain companies with business operations in Sudan.

Budget bill contains some important education appropriations

CCRB House Sub for SB 357:

While education was basically covered in the “lock box” passed earlier in the session to cover the costs of years two and three in the school finance plan passed in 2006, there were some needed school funding adjustments in the omnibus budget bill.

Here are several of those adjustments:

$16,251,000:  Funds school finance adjustments for general and supplemental general state aid in fiscal year 2008.

$16.1 million: From the state general fund, to fund special education excess costs at the 92.0 percent level in fiscal year 2008.

$40,558: Funds one position at the State Department of Education to assist school districts in developing policies and designing and implementing bullying prevention and character development programs (see SB 68).

$500,000:   Additional funding for Mentor Teacher Program Grants in fiscal year 2008. This will fund the second year of mentoring, providing stipends to mentor teachers.

$3.0 million: Partially restores funding for the expansion of the Pre-K pilot program.

The end-of-the-session legislation graveyard

Criminalizing English teachers (and others)

An amendment to the obscenity laws that would have removed the defense of educational merit from K-12 teachers when a parent decided to challenge teaching materials proposed by Rep. Lance Kinzer (R-Olathe) made it out of the House Federal and State Affairs Committee but was referred to the House Education Committee by the full House. Education Committee members would not give the bill a hearing.

Transportation changes

Two proposed changes to student transportation statutes died. One by Sen. Phil Journey (R-Wichita) would allow buses to cross district lines to pick up students who want to go to another district. This was district raiding issue allowing districts to recruit athletes or gifted children from each other. This did not make it out of committee.

The second proposal by Rep. Clay Aurand (R-Courtland) would have changed the ten-mile rule that requires students to live at least 10 miles away from their own school and less than 10 miles from a school in a neighboring district before the neighboring district can pick the child up. The proposal would have deleted the requirement that the home school be at least 10 miles away. This passed the House but not the Senate.

Corporal punishment

This proposal by Sen. Phil Journey (R-Wichita) would supposedly have given immunity to teachers administering corporal punishment. Other attorneys disagreed. It did not come out of committee.

No higher education for children of illegals

A Rep. Lance Kinzer (R-Olathe) proposal to strip illegal aliens of benefits that they cannot get under current law also would have stripped their children of in-state tuition rates and, in the analysis of KNEA and KASB, of the right to even attend a Kansas postsecondary institution. The bill made it out of the House Federal and State Affairs Committee but was turned back by the full House when it was referred to the Judiciary Committee.

Mandatory kindergarten

Sen. Laura Kelly (D-Topeka) proposed lowering the compulsory attendance age to six (it is now seven) and requiring Kindergarten attendance. The bill did not make it out of committee.

Required gifted training for all teachers

Rep. Geraldine Flaharty (D-Wichita) carried this bill on behalf of parents of gifted students. It would have required all prospective teachers to take a class on gifted education prior to graduation and all current teachers to take a class on gifted education for their next license renewal. It was decided that this issue was better sent to the State Board of Education. It did not come out of committee.

Linear transition for high density at-risk

An LEPC proposal to change the high-density at-risk weighting to a linear transition from its current stair-step approach was considered. Under the high-density at-risk as originally passed a district that has just over 50% poverty could lose thousands of dollars in funding if they lose just a couple of students in poverty or gain a couple of non-poverty students.

The bill got bogged down in a debate over how to appropriate funds for various categorical areas and, despite widespread support for the linear transition, it did not pass.

Elimination of the mandatory LOB election to go over 30%

Some legislators tried to lift the requirement that there be a mandatory election to increase the LOB above 30%. A conference committee agreed to this idea but the full House disagreed. There is still a required election if a district wishes to take the LOB above 30%. The new maximum is 32%.

Reviewing what passed

HB 2159; military second count date

Districts seeing increases in student population due to an influx of military families will once again be able to have a second count date on February 20. The federal Base Realignment and Closure Act is bringing many new families to Fort Leavenworth and Fort Riley.

SB 109; paying teachers before September

An obsolete statute that prohibits the paying of teachers before September has been repealed. This created a particular problem for new teachers who might begin work in early August but could not be paid until the first regularly scheduled pay date in September.

SB 129; school safety and security act change

This change ensures that schools and law enforcement have a manageable timeline in reporting violations of the act to the motor vehicle department and that student rights are protected.

This week’s links:

What did those conference committees do?

Read any conference committee report brief at the Legislative Research Department website:

Click here for the list of Conference Committee Briefs.

Conference committee briefs are not posted until acted upon.

Read the details of the new KPERS plan for future teachers and state employees

Click here to read the KPERS issue brief on the plan.

Special Note: current employees would not be under this plan! Your plan can only be changed if a change includes a benefit enhancement!

School issues:

Conference Committees Consolidate Concepts

Bills, bills, bills. A veritable plethora of bills faced the House and Senate negotiators as they went to conference over education.

Out there for consideration were:

• HB 2310, bullying
• SB 68, non-proficient at-risk continuation
• SB 143, simplifying the LOB statute
• SB 153, property consolidation in Stafford County
• SB 329, property consolidation in Cherokee County
• SB 69, COLA and declining enrollment hold harmless
• SB 2343, early high school graduation incentive
• SB 384, the early childhood study commission
• HB 2185, in-state tuition if you return to Kansas within five years
• SB 22, grants to universities for teacher education
• SB 23, consolidation of teacher scholarship programs

April 3 & 4, 2007

9:00 a.m. – The Senate 2310 Package

The first conference committee was a pure Education Conference Committee with Representatives Aurand, Horst, and Storm and Senators Schodorf, Vratil, and Lee.

This group considered a Vratil proposal that they create a 2310 package consisting of HB 2310, SB 68, SB 143, SB 153, SB 329, and an amendment by Senator Taddiken to hold school districts that have suffered from disasters harmless on non-proficient at-risk weighting (this was a reaction to Seneca but would apply to any school district).

The House viewed this as all Senate and no House so no agreement was made except on how to amend the character education idea into HB 2310.

1:00 p.m. – The House 2310 Package

Upon returning at 1:00, the House negotiators (minus Clay Aurand) offered their own 2310 package consisting of HB 2310 with the character education language agreed to, the House version of SB 69, SB 143, and HB 2343 with a five year sunset.

After some back and forth the House agreed to a package with HB 2310, SB 68, SB 143, and the “Seneca amendment.”

Within this context, there were rumors circulating that House Leadership had removed Rep. Aurand from the conference committee. Some speculated that Aurand had been removed from a conference committee on SB 68 and replaced by Majority Leader Ray Merrick.

Since Aurand was not present for the conference committee there arose the question as to whether or not the report could even be drafted. As it is said, “If a tree falls in the forest and no one is there to hear it, does it make a sound?” So also, “If the chairman was not there, was there a committee meeting?” And if not, can a report be written?

2:00 p.m. – The Post-Secondary Conference Committee

Adding to the intrigue of the Education Conference Committee was the Ways and Means/Education Conference Committee meeting on HB 2185. This conference committee made up of Senators from Ways and Means (Umbarger, Emler, and Kelly) and Representatives from Education (Aurand, Horst, and Storm) was set to meet at 2:00.

At issue was HB 2185 allowing in-state tuition for former Kansans who return to the state within five years. The Senators proposed amending SB 24 (amending the medical student loan act increasing a stipend to $2000), SB 25 (the nurse educator scholarship act), SB 22 (competitive grants for universities expanding teacher preparation programs), and SB 23 (consolidating educator scholarship programs).

Any problems? The House members were not there for the conference committee meeting! It seems that nothing in this bill was particularly controversial so the report was ultimately written.

4:00 p.m. – The JoCo Conference Committee?

It just got weirder.

At 4:00 the Senate Education Conferees met with what can only be described as the House Johnson County conferees (Ray Merrick, Sheryl Spalding, and Sue Storm) to discuss Senate Bill 23. It was decided that since the contents of SB 23 (teacher scholarships) had been rolled into HB 2185 by the 2:00 conference committee (see above), SB 23 could be gutted and have some other idea put into it.

Senator Vratil suggested putting in an increase in the LOB to 32% subject to protest petition and election. This also exists as a proviso in the budget conference committee report. Not surprisingly the House members were okay with this. They discussed what to do about the mandatory election to move from 30% to 31%. In the end, the conference committee report was drafted to eliminate the mandatory election

At the same time, yet another version of the conference committee – this one made up of Senate education conferees plus Representatives Merrick, Horst, and Storm – had been meeting to hash out Senate Bill 68. This group decided to draft a report that includes the extension of non-proficient at-risk funding (SB 68), the simplified LOB language (SB 143), the bullying bill with the modified character education language (HB 2310, amended), and the Taddiken amendment on non-proficient at risk hold harmless in school districts suffering from disasters (the Seneca amendment).

You’ll probably notice that this version of SB 68 is exactly the same as the earlier version of HB 2310 worked by a different education conference committee at 1:00 (see above). Since HB 2310 was wrapped up in the intrigue of the removal of Rep. Aurand from the conference committee, the new conferees had to do the same thing in a different way. SB 68 is the result.

But all those reports…still in limbo

So, with all of this, there are now three conference committee reports to be debated and adopted or rejected:

• CCRB HB 2185 State Resident Tuition Requirements
• CCRB SB 23 LOB
• CCRB SB 68 Non-proficient at-risk, et. al.

Normally, when conference committee reports are written, they are sent to the chambers for adoption. But in the case of these three, that was not what happened.

Both chambers adjourned between 2:30 and 3:00 a.m. without taking action.

So there the reports sit – in limbo – until the legislature returns for the veto session on April 25.

Most critical unresolved issue – the mandatory LOB election

What started out as a no-brainer has ended up mired in debate and controversy.

A glitch in the school finance formula relative to the Cost of Living Weighting had been proposed to be fixed very early in the session. Here’s how it goes:

In order to access the COLA, a district must be at the maximum LOB (30% this year, 31% next year). Both the COLA and the LOB are subject to protest petition and election. But moving to 31% LOB requires a mandatory election. This means that a school district that was at 30%, got the COLA without a protest petition, will have to go to 32% LOB next year and must hold an election. If the election fails, the district will lose not just the additional LOB but the COLA money already being levied and used.

KNEA along with most other education lobbyists supported the elimination of the mandatory election or, at the very least, grandfathering in the three districts that have the COLA.

Senate Bill 69, known as the “Lawrence fix,” would have solved the problem by reducing the LOB requirement from the maximum to 25%. The House amended it to simply grandfather in those already with the COLA but still require the maximum LOB for those wishing to access it in the future.

Senate negotiators dug in as did the House. As a result SB 69 has stalled and is now dead.

The fix now is in the conference committee report on SB 23 which eliminates the mandatory election but also increases the LOB to 32%.

Will this pass? It’s iffy. The Senate earlier in the session rejected a bill to eliminate the mandatory election on a vote of 15-25. In addition, the increase in LOB has many opponents in both chambers.

This is the report to watch on April 25.

Higher Ed Issues:

Conference Committee Confirms Continuing Commission

About midnight last night a conference committee began meeting to discuss the two tech college bills. HB 2014 extends the life of the Technical College and Vocational Education Commission while HB 2556 creates the Technical Education Authority under the Board of Regents.

This committee was made up of mostly education committee members with two differences. Instead of Rep. Sue Storm, the House appointed Rep. Ann Mah to work with Clay Aurand and Deena Horst. On the Senate side, instead of Sen. John Vratil, the Senate appointed Sen. Ruth Teichman to work with Jean Schodorf and Janis Lee.

In HB 2014 the Senate had added 2 people – one from the community college trustees and another who must be a resident of Douglas, Johnson, Leavenworth, or Wyandotte County to give a northeast Kansas presence to the Commission. These changes generated little discussion.

HB 2556 was a bit more complex.

Both sides agreed on clarifying language for the implementation of the Authority’s decisions.

The Senate had expanded membership to 12 from 9 and had five of them appointed by the Governor. The House prefered to have the four legislative leaders (Senate President and Minority Leader; Speaker of the House and Minority Leader) make those appointments. In the end they gave three appointees to the Governor, one to the Senate President and one to the Speaker of the House.

There was also some significant discussion about the role of the Kansas Association of Community College Trustees and Kansas Association of Technical Schools and Colleges. These discussions ranged from the appointment of their own representatives to the Authority to their role in the selection of an Executive Director.

The two bills were put into HB 2556.

But that report…still in limbo

Yes, just like the other education conference committee reports, this one was not acted on last night.

Look for action on April 25.

KPERS Issues:

Returning Retirees Retain Reduced Respect

Last year the Legislature stripped retired teachers who return to work from the definition of “professional employee” thereby stripping them of any salary, benefit or working condition guarantees.

KNEA, working with Rep. Geraldine Flaharty (D-Wichita), tried to get this action reversed this year. Flaharty offered an amendment in the KPERS Select Committee and again on the House floor that would have put these professionals back in the definition. Both attempts failed. Rep. Bill Feuerborn (D-Garnett) tried the amendment in the House Appropriations KPERS Subcommittee but it was not approved there either.  

Flaharty offered the amendment on the floor as the House debated SB 362, the second tier KPERS benefit structure for new employees. After Flaharty rose to offer her amendment she was followed by Bill Otto (R-Leroy) and John Grange (R-El Dorado) who argued it was good to keep these teachers out of the definition and Ann Mah (D-Topeka), Annie Tietze (D-Topeka) and Dale Swenson (R-Wichita) who argued for fair treatment of teachers and bargaining rights.

On a requested roll call vote, the amendment failed 49-70. Five Republicans joined 44 Democrats in supporting teachers while only one Democrat voted against the amendment.

The five Republicans who supported teachers on the vote were Rocky Fund (Hoyt), Don Hill (Emporia ), Deena Horst (Salina ), Tim Owens (Overland Park ), and Dale Swenson (Wichita ).

The lone Democrat to vote against restoring these teachers to the definition of professional employee was Tom Hawk (Manhattan ).

Democrat Cindy Neighbor (Shawnee ) did not vote; Democrat Marti Crow (Leavenworth ) was absent.

This maintains the loophole in the law that allows only school districts to pass the KPERS rates on to retired employees who return to work. While the law says the employer shall make the KPERS contribution, school districts can pass that on to the employee through reduced salary or benefits.

Passage of the Flaharty amendment would have restored professional status to these retired professionals and had no cost to the state.

Semi-COLA reduced, passed

The House, you’ll recall, attached what can only be described as a “semi-COLA” to SB 362, sending the bill to conference.

The amendment by Rep. Harold Lane (D-Topeka) would provide a one time $500 payment to KPERS retirees who have 10 years of service credit and have been retired for 10 or more years. Payment for this “COLA” would come right from KPERS in 2007 with a requirement that the state pay it back in 2008.

In conference, Senate negotiators were put in a difficult bind. How does one advocate the elimination of any COLA for retirees? But the Senators were worried about the $12 million the state would have to repay in 2008.

As a compromise, Senate negotiators reduced the COLA to $300 with a promise to reconsider the additional $200 in the veto session after the next revenue estimates. The House agreed and a conference committee report was written.

Two-tiered system gets overwhelming approval

With the COLA issue resolved, SB 362 went back to both chambers for adoption.

The House approved the bill on a vote of 116 – 3; the Senate said “yes” 37 – 3. The bill now goes to the Governor for her signature.

Click here to read the KPERS document comparing the two benefit plans.

Gamble Goofs! Guys and Gals Go Ga-Ga over Gaming!

“Barnett found out that a blackjack table isn’t the only place where you take it in the shorts if the opposition draws 21.”  Ric Anderson in the Topeka Capital Journal

March 28, 2007; a day that will live in Kansas  history!

That morning the Senate had handled a few sports team resolutions and then, about 10:45 took up SB 66 – the expanded gaming bill. Senator John Vratil moved to concur in the House amendments and Senator Pete Brungardt immediately offered a substitute motion to non-concur and form a conference committee. This was a planned procedural movement to make sure the bill got into a conference committee.

After much contentious debate, the motion to non-concur passed but Senator Jim Barnett – an ardent gambling opponent – made a subsequent motion to concur. It seems that the bill would not be in conference until the House got the notice of the Senate action and acceded to the request for a conference committee. Because of this, gaming proponents immediately launched a filibuster to keep the vote from happening before the House took action.

It certainly appeared at that time that there were not enough votes in the Senate to pass the bill out. At least that’s the impression one got from the initial maneuver.

While the Senate filibuster was intended to stall a vote on the Barnett motion to concur until the House acted, House leadership appeared to be sitting put waiting until the Senate gave up.

Senator Marci Francisco (D-Lawrence) held the floor for over three hours at one point telling her colleagues that as a child she had won an endurance contest proving she was the girl who could stand the longest with her arms outstretched.

The high point of the filibuster was probably when Senator David Wysong (R-Mission Hills) read the rules of blackjack, Texas hold-em, and craps!

Sounding exhausted after over 12 continuous hours, the gaming filibuster came to an end at 11:15 p.m. when Senator David Wysong (R-Mission Hills) was told by his fellow gaming proponents to halt his reading of gambling statutes.

Through the long night we heard studies on gambling, listened to scientific treatises on evolution, seals and polygamy, and even got what sounded like a chamber of commerce Las Vegas promotional brochure read. It was an experience not soon to be forgotten.

When Senator Wysong stopped, the filibuster was over and Senator Jim Barnett (R-Emporia) closed on his motion to concur in the House amendments to SB 66.

A roll call vote was called for and the preliminary count came to 21 in favor, 16 against with three senators absent. A “call of the Senate” was then imposed. The doors were closed, Senators were told to get in their seats, and a search went out for the three missing lawmakers – Senators Les Donovan (R-Wichita), Karin Brownlee (R-Olathe), and Nick Jordan (R-Shawnee).

Under a call of the Senate, no lawmaker may leave the floor until the missing Senators are located and return to cast their votes. The time during a call is often used to pressure the other lawmakers who are considered swing votes to change one way or the other. This is a more common practice in the House.

With the Senate poised to concur in the House amendments to SB 66 and a call of the Senate in place, Senator Jim Barnett (R-Emporia) asked to withdraw his motion to concur.

Senate President Steve Morris (R-Hugoton) did not immediately rule and was cited a Senate rule that Senator Phil Journey (R-Wichita) believed would allow Barnett to withdraw the motion at that time.

Upon further study of the rules, Majority Leader Derek Schmidt (R-Independence) read the Senate rule and indicated that it was not clear on the issue. He also stated that when the Senate rules were vague, the Senate was directed to turn to Robert’s Rules of Order. Citing Robert’s Rules, Schmidt told the body that once the motion has been read and voting begun, it no longer belongs to the maker of the motion but to the body and the entire body would have to agree to withdraw the motion.

Journey accepted the Majority Leader’s analysis and the vote was finished.

At that time, Senator Hensley moved to reconsider the action. This is another procedural motion. The intent is to have supporters vote NO on reconsideration of the previous vote. Doing this means that the issue is over for certain and could not be reconsidered again.

Senator Susan Wagle (R-Wichita) rose to say that Speaker Neufeld had called while the vote was being taken in the Senate, and that the House had acceded to the original Senate vote to send the bill to conference. Stating that a motion to concur was always in order, President Morris indicated that the action of the House, taken when it was, was irrelevant.

Senator Tim Huelskamp (R-Meade) moved to postpone the vote on reconsideration indefinitely. Huelskamp’s motion was defeated.

Hensley’s motion to reconsider was then defeated on a voice vote.

With the Senate voting to concur in the House amendments to the SB 66 on a vote of 21 to 19, the bill now goes to the Governor who is expected to sign it into law.

An end to one of the most contentious issues in legislative history

This vote removed one of the most divisive issues of the last few years. Expanded gaming has been a major topic of concern for a number of years and generated much heated debate. Proponents cite the revenue benefit to the state that destination casinos and slots will generate and express concern that Kansans are already taking the gambling money across the borders into Oklahoma and Missouri. Opponents cite the problems of gambling addiction and its impact on individuals and families. They question whether the additional revenue is worth the social cost.

Perhaps the outcome would have been different if House Speaker Melvin Neufeld had acted to bring a motion to accede and put the bill in conference committee. Neufeld, who is an opponent of expanded gaming, first saw his chamber take this issue up on the floor over his opposition. When he had the chance to get the bill in conference and perhaps change it, he instead bottled it up in his office and let the Senate filibuster continue. In the end, Neufeld’s gamble backfired when the bill was passed in the Senate.

This is a good example of what happens when you are too confident about your votes. Had the anti-gaming forces chosen to accept putting the bill in conference they would have had the opportunity to change it. Instead, gaming opponents were confident they could defeat the bill outright and it was the opponents in the Senate who offered the amendment to concur. The opponents in the House, agreeing with their compatriots in the Senate, held up the consideration of whether or not to accede to the Senate. As a result, the bill was passed exactly as crafted in the House.

It is a very difficult subject and all Kansas legislators are to be praised for their commitment to both sides of this issue and their passion for the future of our great state.  

Your bill tracker

Bills passed…

SB 109 allowing school districts to pay employees at the first regularly scheduled pay date even if that is before September, passed both chambers and now awaits the Governor’s signature.

SB 129 is an adjustment in the school safety and security act to give districts and law enforcement more reasonable time limits and protect the rights of students. It overwhelmingly passed both chambers and now awaits the Governor’s signature.

SB 144 which extends the statewide 20 mill property tax levy for schools for another two years was rolled into a tax conference committee report on HB 2044 and adopted by both chambers.

Bills in limbo…

HB 2310, requiring schools to have policies on bullying and programs to implement those policies, passed both chambers and went to a conference committee. An amended version is in the SB 68 Conference Committee Report which will be voted on in the veto session.

HB 2185 which would allow Kansans who have left the state to return within five years and qualify for in-state tuition was amended in the Senate before being passed. It now awaits review by a House/Senate conference committee.

Bills dead…for this year

SB 69 which would allow districts to use the declining enrollment and cost of living local property taxes if they have an LOB of at least 25%. Current law requires the maximum LOB. The House amended it to simply grandfather in the districts using these weightings. The Senate negotiators dug in and the bill has not survived the conference committee process. It now depends on the passage of the conference committee report on SB 23 which will remove the mandatory election entirely.  

HB 2343, the early graduation incentive program for students going into the construction trades appears dead. Senate education negotiators would not agree to put it into any conference committee report and it has only passed one chamber.

HB 2140, declaring English to be the official language of the state but allowing schools and other units of government to continue to serve the public in other languages, passed both chambers but withered in a conference committee. Both sides dug in over the appropriation of money for ESOL classes. Count this one dead for this year

HB 2367, the anti-illegal alien bill. KNEA and KASB submitted joint testimony in opposition to this bill along with the Kansas Board of Regents, Olathe Public Schools, Kansas Methodist Women, and the Kansas Catholic Conference. The bill would not simply strip the children of undocumented workers of in-state tuition rates but would effectively ban them from even attending a Regents Institution.

The bill was referred back to the House Judiciary Committee for further study where it will wither away for this session.  

The future of KPERS… 

What are the details of the proposal on a different KPERS plan for future teachers and state employees?

Click here to read the KPERS issue brief on the plan.

Special Note: current employees would not be under this plan! Your plan can only be changed if a change includes a benefit enhancement!

Want to be a legislative know-it-all?

Stop hoping someone forwards this to you!

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

School issues:

Salaries at Schools for Deaf, Blind

HB 2422, setting the salaries for teachers at the Kansas Schools for the Deaf and Blind to the Olathe teachers’ salary schedule passed the full House on a vote of 124-0. The bill has been proposed every year for four years by Rep. Arlen Siegfreid (R-Olathe) and, although it has never passed as is, the provision has been put into an appropriations bill. Siegfreid hopes this time the legislature will pass it and get it into law.

KNEA joined representatives of the schools in supporting the bill. KNEA lobbyist Mark Desetti asked legislators to pass the bill but also consider as a long-term solution treating teachers at these two institutions the same as all other public school teachers.

Desetti told the Committee, “This bill is a fix that would not be needed if teachers at those institutions were treated the same as their peers throughout Kansas. We believe that the Legislature should put the teachers at the Schools for the Deaf and Blind under the professional negotiations act. By doing so, you would give those teachers a say in their salaries, benefits, and working conditions and empower them to be a part of the solution.”

KNEA worked with the Senate Ways and Means Committee to have the sister bill, SB 338, amended so that all certified or licensed non-classified personnel at these schools would be covered. This amendment had been requested by the superintendents of the schools and it is supported by KNEA.

The amended bill was passed by the Senate Committee and then by the full Senate on a vote of 39-0.

The two bills are slightly different so they will have to be conferenced before they can become law.

It’s “amend-a-palooza” in House Ed!

Legislators call it “Christmas-treeing.” That’s when people start adding other bills and amendments to an underlying bill in an attempt to get some bit through that otherwise can’t seem to stand on its own. It usually happens on the House floor.

This week the House Education Committee took up SB 68 which lifts the sunset on non-proficient at-risk weighting. This weighting is a benefit to all school districts and has near universal support. In committee action, a number of amendments were proposed and passed.

Representative Eber Phelps (D-Hays) amended SB 69, the bill allowing districts to continue receiving COLA or declining enrollment weighting without going increasing their LOB, into SB 68. SB 69 sits far below the debate line on the House floor.

Representative Rep. Owen Donohoe (R-Shawnee) amended in HB 2343, the early graduation incentive for construction trades students. The House had added a tuition relief program to HB 2343 and the bill languishes in the Senate Education Committee.

Rep. Sue Storm (D-Overland Park ) amended in the contents of HB 2123 which was Chairman Aurand's transportation bill changing the 10-mile rule. The Senate Education Committee had gutted the original HB 2123.

The bill as amended then passed the committee.

House Committee strips children of undocumented workers of college opportunity

The House Federal and State Affairs Committee, known for their advocacy for extreme positions (this is the Committee that passed the book banning bill, the English as the official language bill, and the “no domestic registry bill), has passed HB 2367 which prohibits illegal immigrants from getting any state benefits.

Bill sponsor Lance Kinzer (R-Olathe) admitted to having no evidence of illegals getting benefits but had some “anecdotal information.” In his attempt to legislate by anecdote, he has managed to strip the children of illegal immigrants of in-state tuition rates. These rates were passed just three years ago and were subject to many repeal attempts – all of which failed – last year.

KNEA and KASB jointly testified against the bill because we believe it goes even further and would stop these students from even enrolling in a Kansas institution of higher education.

The bill is still subject to a vote of the full House and Senate action.

Kinzer has sponsored several highly controversial bills this year including the book banning bill and the bill prohibiting cities from enacting domestic partnership registries.

Higher Ed Issues:

Tech colleges? Same place they were in January!

Despite all the hoopla at the end of the 2006 session and the beginning of this session, technical education is right now just about where it was when the 2007 session started.

The big discussion was around the report of the Technical College Commission which has been given to many committees under the dome and generated one bill. HB 2556 which establishes a Technical Education Authority – a kind of board of supervision – under the Kansas Board of Regents has passed the House and was sent to the Senate Ways and Means Committee where it had a hearing but has not been acted on. The bill was in response to the governance recommendations of the Commission.

At the same time, HB 2014 extending the Technical and Vocational Education Commission passed the full house on a vote of 104-17 and moved over to the Senate where it still sits on the Senate debate calendar.

Deferred maintenance: all talk and no pay

The other 500 pound gorilla in the room (no offense to PSU intended) has been the issue of deferred maintenance at Regents institutions. As of today, not much has happened except talk.

This inaction continued even when the bursting of ancient pipes shut down a portion of Kansas State and allowed human wastes to drip into a classroom (and on to a professor) at the University of Kansas.

At this point in the session, the issue is still generating discussion and, after the rejection of the Governor’s plan to use increased turnpike tolls, the Republican leadership has teed up proposals to let counties with Regents universities raise their own sales or property tax, raise non-resident tuition and earmark the money for deferred maintenance, and make colleges use the interest they earn on tuition money for deferred maintenance.

In other words, don’t look for a real solution any time soon.

Tax Issues:

Will the Senate go cut happy?

The constitutional amendment that, if passed, would allow the legislature to cap property tax valuations for all Kansans over age 65 regardless of wealth still awaits action on the Senate floor.

This amendment takes some real explaining. It is a constitutional amendment that allows the Legislature to cap valuations for seniors – it would not automatically enact those limitations. Of course, any voter voting YES is likely to expect the Legislature to enact those limits.

In addition the amendment allows the Legislature to limit the application of the cap. For example, the Legislature could say only low-income seniors get the break. But this decision would be made after voters passed the amendment expecting that they would get the break. Which senators do you think would sponsor a bill to limit this tax break to only low-income seniors after Kansans had passed the amendment?

If passed, SCR 1602 would dramatically reduce revenue from property tax collections. Local units of government that depend on property taxes – cities, counties, and schools – would be forced to either cut services or raise mill levies to stay even.

Like every so-called tax cut, this is really a tax shift. Seniors would pay less while those under 65 and businesses would pick up the slack.

SCR 1602 has been sitting on the debate calendar of the full Senate for some time now. Hopefully it won’t come up for debate.

KPERS Issues:

House Republicans (and one Democrat) vote to endorse second-class status for retirees!

In floor action this week the Kansas House of Representatives, on a nearly party-line vote, rejected an amendment by Rep. Geraldine Flaharty (D-Wichita) to restore professional status to retired teachers who return to work.

Last year the House stripped these teachers from the definition of “professional employee” thereby stripping them of any salary, benefit or working condition guarantees. The Flaharty amendment would have reversed that action.

The action came as the House debated SB 362, the second tier KPERS benefit structure for new employees. Flaharty rose to offer her amendment and was followed by Bill Otto (R-Leroy) and John Grange (R-El Dorado) who argued it was good to keep these teachers out of the definition and Ann Mah (D-Topeka), Annie Tietze (D-Topeka) and Dale Swenson (R-Wichita) who argued for fair treatment of teachers and bargaining rights.

Rep. Richard Carlson (R-St. Mary’s) unsuccessfully challenged the germaneness of the amendment in an attempt to get consideration thrown out. Rules Chairman Clark Shultz (R-Lindsborg) ruled that the amendment was germane to the underlying bill as both dealt with retirement under KPERS.

On a requested roll call vote, the amendment failed 49-70. Five Republicans joined 44 Democrats in supporting teachers while only one Democrat voted against the amendment.

The five Republicans who supported teachers on the vote were Rocky Fund (Hoyt), Don Hill (Emporia ), Deena Horst (Salina ), Tim Owens (Overland Park ), and Dale Swenson (Wichita ).

The lone Democrat to vote against restoring these teachers to the definition of professional employee was Tom Hawk (Manhattan ).

Democrat Cindy Neighbor (Shawnee ) did not vote; Democrat Marti Crow (Leavenworth ) was absent.

This means the loophole in the law that allows only school districts to pass the KPERS rates on to retired employees who return to work. While the law says the employer shall make the KPERS contribution, school districts can pass that on to the employee through reduced salary or benefits.

Passage of the Flaharty amendment would have restored professional status to these retired professionals and had no cost to the state.

House amends two-tiered KPERS with a “semi-COLA”

After rejecting fair treatment for teachers, the House amended SB 362 on a vote of 70 to 50. They then attached what can only be described as a “semi-COLA” to the bill.

As COLAs for current retirees continue to die long slow deaths in committee rooms, Rep. Harold Lane (D-Topeka) took it upon himself to get something moving. A motion by Lane to provide a one time $500 payment to KPERS retirees who have been retired for 10 or more years managed to pass the full House today. Payment for this “COLA” will come right from KPERS and so have no impact on the state budget.

SB 362 as amended was then passed on a vote of 111-10.

Since the House version of this Senate bill was amended, they will have to go to conference to work out the differences – the “semi-COLA.”

Click here to read the KPERS document comparing the two benefit plans.
 

The End is Near!

The session is coming to its end! Most committees have stopped meeting and all action has moved to the floor as legislators scramble to meet the deadline for passage of bills from the second chamber.

With the last day of the session scheduled for April 3, legislators have reserved Monday, Tuesday, and Wednesday for floor debate. Conference Committees will get into high gear starting on Thursday. That will allow for four days to get the whole ball of wax wrapped up.

Following a break of about two and one half weeks, legislators will return for the traditional “veto session.” Veto sessions are meant to last three days but can be – and often are – extended.  

Your bill tracker

HB 2343, the early graduation incentive program for students going into the construction trades has been rolled into SB 68.

SB 109 allowing school districts to pay employees at the first regularly scheduled pay date even if that is before September, was moved out of House Appropriations on  Friday and put on the House Consent Calendar where it should pass without debate.

HB 2140, declaring English to be the official language of the state but allowing schools and other units of government to continue to serve the public in other languages, passed both chambers but is now subject to a conference committee.

HB 2185 which would allow Kansans who have left the state to return within five years and qualify for in-state tuition was amended in the Senate before being passed. It now awaits review by a House/Senate conference committee.

HB 2310, requiring schools to have policies on bullying and programs to implement those policies, passed both chambers but is now subject to a conference committee.

SB 69 which would allow districts to use the declining enrollment and cost of living local property taxes if they have an LOB of at least 25%. Current law requires the maximum LOB. The House Education Committee amended the bill into Senate Bill 68.  

SB 129 is an adjustment in the school safety and security act to give districts and law enforcement more reasonable time limits and protect the rights of students. It has passed from the House Ed Committee to the full House where it awaits consideration.

SB 144 which extends the statewide 20 mill property tax levy for schools for another two years passed the Senate unanimously and now sits in the House Taxation Committee.

This week’s links:

The future of KPERS… 

What are the details of the proposal on a different KPERS plan for future teachers and state employees?

Click here to read the KPERS issue brief on the plan.

Is this the future for technical education?

The Technical School and Vocational Education Commission has issued its final report. Part of that report is in House Bill 2556.

Click here to read the Commission’s report.

Want to be a legislative know-it-all?

Stop hoping someone forwards this to you!

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

 

School issues:

Wild ruckus in House Ed as COLA bill debated

The committee worked itself up in their debate on SB 69. This bill would the bill would lower the maximum percentage of Local Option Budget (LOB) required in order for a school district to access the cost-of-living weighting or the declining enrollment weighting to 25 percent. Current law requires the district using these weightings to be at the maximum LOB or 30%, soon to be 31%.

Currently the COLA weighting is used by three districts – Shawnee Mission, Lawrence and Blue Valley. These districts would now need to move up to 31% LOB and hold an election to continue using the COLA.

An amendment by Representative Eber Phelps (D – Hays) would grandfather these districts in but require others to be at the maximum LOB. This amendment passed.

An amendment offered by Representative Marti Crow (D – Leavenworth ) would have changed the COLA requirements provide equalization aid and give the option only to schools that are designated as “underserved.” The COLA was passed as a way to increase teacher salaries so as to attract teachers to districts with a high cost of housing. The Crow amendment would use the money to attract teachers to hard-to-staff schools. The amendment failed.

During the second day of debate on the bill, an amendment was offered by Representative Deena Horst (R-Salina) to lower the amount of money a district could access from 5% to 2% over a three year period.

This highly controversial amendment passed on a 10-9 vote. While KNEA and most of the education lobby corps opposed the COLA when it was originally debated, we do not believe that it should be removed from those school districts that are using it. We have told legislators that we believe it is best not to monkey with the three-year school finance plan instead suggesting that they use this period to thoroughly study the entire school finance system.

Said KNEA lobbyist Mark Desetti, “The three-year plan gives the legislature breathing room – room in which to examine the system, analyze its benefits and deficiencies for all districts, and come to consensus on how to best meet the needs of every Kansas child regardless of ability, income or geography.”

The bill was passed out of the committee as amended. This amendment promises to cause much debate as it goes to the floor for consideration.

A request to reconsider their action the next day was denied by Chairman Aurand.  

The bill will be up for debate by the full House next week. Should be fun!

Salaries at Schools for Deaf, Blind

HB 2422, setting the salaries for teachers at the Kansas Schools for the Deaf and Blind to the Olathe teachers’ salary schedule awaits a final action vote in the full House. The bill has been proposed every year for four years by Rep. Arlen Siegfreid (R-Olathe) and, although it has never passed as is, the provision has been put into an appropriations bill. Siegfreid hopes this time the legislature will pass it and get it into law.

KNEA joined representatives of the schools in supporting the bill. KNEA lobbyist Mark Desetti asked legislators to pass the bill but also consider as a long-term solution treating teachers at these two institutions the same as all other public school teachers.

Desetti told the Committee, “This bill is a fix that would not be needed if teachers at those institutions were treated the same as their peers throughout Kansas. We believe that the Legislature should put the teachers at the Schools for the Deaf and Blind under the professional negotiations act. By doing so, you would give those teachers a say in their salaries, benefits, and working conditions and empower them to be a part of the solution.”

KNEA is now working with the Senate Ways and Means Committee to have the bill amended so that all certified or licensed non-classified personnel at these schools would be covered. This amendment had been requested by the superintendents of the schools and it is supported by KNEA. Ways and Means will work the bill on Monday.

Tax Issues:

Still chopping!

A constitutional amendment that, if passed, would allow the legislature to cap property tax valuations for all Kansans over age 65 regardless of wealth still awaits action on the Senate floor.

This amendment takes some real explaining. It is a constitutional amendment that allows the Legislature to cap valuations for seniors – it would not automatically enact those limitations. Of course, any voter voting YES is likely to expect the Legislature to enact those limits.

In addition the amendment allows the Legislature to limit the application of the cap. For example, the Legislature could say only low-income seniors get the break. But this decision would be made after voters passed the amendment expecting that they would get the break. Which senators do you think would sponsor a bill to limit this tax break to only low-income seniors after Kansans had passed the amendment?

If passed, SCR 1602 would dramatically reduce revenue from property tax collections. Local units of government that depend on property taxes – cities, counties, and schools – would be forced to either cut services or raise mill levies to stay even.

Like every so-called tax cut, this is really a tax shift. Seniors would pay less while those under 65 and businesses would pick up the slack.

At this moment SCR 1602 is sitting on the debate calendar of the full Senate.

KPERS Issues:

KPERS Select Committee Republicans vote to keep retired teachers in second class status

You can let the members of the House know how important this issue is. Click here to send an email message to your Representative and the members of the House Appropriations Committee. Be sure to personalize your message!

At a meeting of the House Select Committee on KPERS, the Republican members voted to block an amendment to a bill that would have restored retired teachers who return to work to professional status.

Last year the Legislature stripped retired teachers who return to work from the definition of professional employee thereby stripping them of employment rights including the salary and benefit guarantees of the collective bargaining agreement. This was done at the behest of the Kansas Association of School Boards which protested a statute to protect KPERS which requires the employer to pay the full actuarial rate into KPERS if a retired employee is hired.

Despite the fact that the law says the employer will make the KPERS contribution, the loophole in the law allows school boards to ignore salary agreements in the collective bargaining agreement thereby lowering the teacher’s salary and passing the KPERS contribution on to the employee. The loophole only applies to school districts. All other KPERS employers must make the contribution.

KNEA has been working to repeal the loophole and force school districts to honor the intent of the law. Last night in the House Select Committee on KPERS, Representatives Geraldine Flaharty (D-Wichita) and Harold Lane (D-Topeka) offered an amendment to put these retired professionals back into the definition of professional employee.

Voting with a show of hands, Democrats Flaharty, Lane, and Margaret Long (Kansas City) voted YES while Republicans Sharon Schwartz (Washington), Ty Masterson (Andover), Kevin Yoder (Overland Park), and Clark Shultz (Lindsborg) all voted NO . Committee Chair Richard Carlson (R-St. Mary’s) did not vote while Rep. Lana Gordon (R-Topeka) was absent.  

House Appropriations Sub-Committee on KPERS doesn’t recommend restoring retired workers to professional status; sends discussion to full committee

On Friday in the House Appropriations Sub-committee on KPERS, Rep. Bill Feuerborn (D-Garnett) asked the committee to recommend that retired teachers who return to work be put back into the definition of professional employee.

While Republicans on the Select KPERS Committee voted to reject this recommendation, the sub-committee suggested that it would be best to take up the proposal in the full House Appropriations Committee. This action puts it to the full committee but with no recommendation.

We’ll be watching for the discussion in the full Committee.

You can let the members of the House know how important this issue is. Click here to send an email message to your Representative and the members of the House Appropriations Committee. Be sure to personalize your message!

Two-tiered KPERS comes out of committees; identical in both chambers

The two-tiered KPERS system advanced to the floor of both chambers. The Senate has SB 362 passed unanimously by the Ways and Means Committee; the House has HB 2558 passed unanimously by the House Select Committee on KPERS. Both bills are identical.

Then gets passed by full Senate

In floor action the full Senate passed SB 362 on a 40-0 vote.

The bill moves the second tier KPERS benefit program for new employees hired on or after July 1, 2009 closer to reality. The fundamental differences are as follows:

• The employee contribution goes from 4% to 6%,
• There is less subsidization for early retirement,
• The monthly benefit is based on the final average salary of the five highest years (currently the three highest years),
• Vesting is in five years rather than 10,
• These beneficiaries would receive an annual 2% cost of living adjustment beginning at age 65.

The only change for current employees is that they also get 5 year vesting.

The twin sister bill in the House, HB 2558, is awaiting consideration by the full House.

If it passes the House without amendment, there will be no need for a conference committee and the proposal is certain to become law.

Click here to read the KPERS document comparing the two benefit plans.

Still waiting in the wings…

As for current retirees, there have been no hearings yet on proposals to grant a 3% ad hoc COLA to those already in retirement. We’ll keep watching.

Your bill tracker

Bills in limbo…

HB 2343, an early graduation incentive program for students going into the construction trades. It had a Senate hearing on Tuesday but so far has not come out of the committee.

Bills up for action next week…

SB 109 allows school districts to pay employees at the first regularly scheduled pay date even if that is before September. It gets a hearing in House Appropriations on Monday.

HB 2140, declaring English to be the official language of the state but allowing schools and other units of government to continue to serve the public in other languages, passed the House on February 21 and has moved out of the Senate Federal and State Affairs Committee. It sits on the Senate floor awaiting debate next week.

HB 2185 which would allow Kansans who have left the state to return within five years and qualify for in-state tuition was amended in the Senate before being passed. It now awaits review by a House/Senate conference committee.

HB 2310, requiring schools to have policies on bullying and programs to implement those policies. The House took out the extensive survey requirements and added in a “character education” requirement. The Senate Education Committee took out the character education and put the surveys back in. It awaits action on the Senate floor

SB 22 and SB 23 were put together in one bill by the House Education Committee and now await final action on the House floor. SB 22 provides grants to universities expanding teacher prep programs while SB 23 consolidates a number of teacher scholarship programs into one mega-program.

SB 68 extends the non-proficient at-risk weighting that is set to sunset at the end of this school year. House Ed was supposed to hear this bill today but has delayed the hearing until next Tuesday.

HB 2014, extending the Technical and Vocational Education Commission passed the full house on a vote of 104-17 and moved over to the Senate. The Senate Education Committee passed the bill out and it now sits on the Senate debate calendar.

HB 2556 which establishes a Technical Education Authority – a kind of board of supervision – under the Kansas Board of Regents has passed the House Education Committee and will now go to the full House for consideration. It still languishes on the floor debate calendar.

SB 69 would have allowed districts to use the declining enrollment and cost of living local property taxes if they have an LOB of at least 25%. Current law requires the maximum LOB. The House Education Committee amended the bill to keep the requirement for having the maximum LOB but grandfathering districts who have already accessed it at 30%. They also amended the bill to gradually reduce the amount of money available under the COLA. This has set off a firestorm of controversy. A request to reconsider their action in committee was denied by Chairman Aurand.  

SB 129 is an adjustment in the school safety and security act to give districts and law enforcement more reasonable time limits and protect the rights of students. House Ed will work this bill on Wednesday.

SB 144 which extends the statewide 20 mill property tax levy for schools for another two years. This bill awaits a vote on the Senate floor.

This week’s links:

The future of KPERS… 

What are the details of the proposal on a different KPERS plan for future teachers and state employees?

Click here to read the KPERS issue brief on the plan.

Special Note: current employees would not be under this plan! Your plan can only be changed if a change includes a benefit enhancement!

Is this the future for technical education?

The Technical School and Vocational Education Commission has issued its final report. Part of that report is in House Bill 2556.

Click here to read the Commission’s report.

Want to be a legislative know-it-all?

Stop hoping someone forwards this to you!

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

School issues:

Military second count bill date

The Senate Education Committee held a hearing on HB 2159 which modifies the military impact second student count date in response to the time schedule for military redeployment to Kansas. The Legislature had approved a second count date (Feb. 20) for schools that see a large increase of students (25 students or 1% of their enrollment) who are dependents of military personnel due to the federal Base Realignment and Closure Act. Kansas will see a large increase in military personnel under BRAC.

The problem is that the second date was set for two years only and the realignment will not be completed until possibly 2011. This bill extends the count date for two more years. The bill, which has already passed the House, will be debated next week.

10-mile transportation bill

The Senate Education Committee held a hearing on HB 2123 which amends the “10-mile rule” under which buses can come into a neighboring district to pick up kids. Under current law if a child lives more than 10 miles from his/her attendance center in the resident school district and fewer than 10 miles from an attendance center in a neighboring district, the neighboring district can transport the child to the closer school. HB 2123 would delete the requirement that the neighboring district’s school be within 10 miles. The bill has passed the House twice but never made it out of a Senate Committee.

No action has been taken yet.

Salaries at Schools for Deaf, Blind

The House Education Committee held a hearing on HB 2422, setting the salaries for teachers at the Kansas Schools for the Deaf and Blind to the Olathe teachers’ salary schedule. The bill has been proposed every year for four years by Rep. Arlen Siegfreid (R-Olathe) and, although it has never passed as is, the provision has been put into an appropriations bill. Siegfreid hopes this time the legislature will pass it and get it into law.

KNEA joined representatives of the schools in supporting the bill. KNEA lobbyist Mark Desetti asked legislators to pass the bill but also consider as a long-term solution treating teachers at these two institutions the same as all other public school teachers.

Desetti told the Committee, “This bill is a fix that would not be needed if teachers at those institutions were treated the same as their peers throughout Kansas. We believe that the Legislature should put the teachers at the Schools for the Deaf and Blind under the professional negotiations act. By doing so, you would give those teachers a say in their salaries, benefits, and working conditions and empower them to be a part of the solution.”

Related services in special ed

The House Federal and State Affairs Committee discussed House Bill 2436 which would add some language to the “related services” section of the Kansas special education law. The intent of the proposed change is to get a specific program for children with autism into the statute.

KNEA and KASB jointly testified that the change was inappropriate in that it would statutorily mandate a specific special education intervention and that as written the fiscal note to the state would be approximately $11 million dollars.

There was much confusion in the committee room as legislators discussed whether or not the bill would address the concerns of the parents who brought it to the Legislature and whether the Federal and State Affairs Committee was the right place to hear an education bill.

The Committee adjourned without taking action.

At-risk bill pulled from floor action

Senate Bill 93 was pulled from the Senate floor and sent back to the Education Committee on Tuesday.

Senate Bill 93 changes the high density at-risk formula from a stair-step (one weighting for school districts with 40 to 49% poverty, a second one for districts with poverty at 50% and above) to a linear transition from 35% to 50% and above. Under the current law if a district was at 50.1% poverty and lost one child over the summer, they could lose thousands of dollars in aid. SB 93 would mitigate that loss.

KNEA supported the bill as introduced originally but pulled support because of an amendment added in the Committee earlier in the session.

To hold districts harmless would require an additional $2.6 million – an amount that is already in the ’08 education budget. The Committee amendment pulled the extra $2.6 million out of the bill thereby cutting money to most school districts. Representatives of the education community asked that the bill be reworked so that districts would not lose. Senate leadership did just that.

Post-secondary issues:

Two bills on Technical Education moving through the House

HB 2014, extending the Technical and Vocational Education Commission passed the full house on a vote of 104-17 and moved over to the Senate. The Senate Education Committee held a hearing on the bill but took no action. The Committee will consider taking action on bills on Tuesday and Wednesday of next week.

House Bill 2556 which establishes a Technical Education Authority – a kind of board of supervision – under the Kansas Board of Regents has passed the House Education Committee and will now go to the full House for consideration.

The only substantial amendment made in committee came from Rep. John Faber (R-Brewster). The Faber amendment allows the Board of Regents to pick their two representatives to the Authority rather than having the Governor pick two Regents to serve.

The Bill comes from a recommendation made by the Kansas Technical College and Vocational Education Commission.

Tax Issues:

Senate Tax Committee declines opportunity to modernize Kansas tax system

Continuing on the path of cutting taxes with no concern about the impact on state revenue, the Senate Tax Committee approved two tax cuts and decided to take no action on a bill to review the entire tax system with the intent of making it fair and stable.

Senate Bill 305 would have established a Tax Modernization Commission whose task would be to review the entire Kansas tax system in order to ensure that the system is fair to all citizens and businesses and provides a stable revenue stream for state services through good times and bad. The bill was supported by Kansas Action for Children, KNEA, KASB, the Kansas League of Municipalities and the Kansas Livestock Association.

The tax committees now work in a piecemeal fashion when making tax policy. They routinely enact tax cuts that put pressure on local units of government to make up the loss by raising local property taxes. KNEA and others have consistently urged the committees to review the tax system and consider how to widen the tax base so that the overall tax rate can be reduced, easing the pressure on local property taxes.

With a cut-cut here and a cut-cut there…

Instead of looking at the whole system, the tax committees have focused on cutting business taxes, adding sales tax exemptions, and moving constitutional amendments to cap property valuations.

The decision to set SB 305 aside is a disappointment. The enthusiasm with which the committees are passing tax cuts and caps will lead the state to a repeat of recent history. In the late 90’s the Legislature went on a tax cutting spree when economic times were rosy and found themselves cutting programs and raising taxes when the post 9/11 recession hit. Finding themselves in rosy economic times once again, they again embark on a tax cutting spree. Unfortunately economic conditions, like history, tend to repeat themselves.

At the same time, the full Senate has passed HB 2031 which reduces the business franchise tax and repeals income tax on social security benefits for certain low-income retirees. This bill will reduce state revenue by $50 million over three years. Neither the Senate nor the House have suggested how the loss will be made up.

KPERS Issues:

The Senate Ways and Means Committee unanimously recommended Senate Bill 362 which creates a new KPERS plan for people joining the work force after July 1, 2009. The new plan is similar to the current plan but uses a 5 year averaging instead of 3 years for benefit calculation, raises the retirement age, and increases the employee contribution from 4% to 6% in exchange for an annual 2% COLA beginning at age 65.

In a hearing earlier in the week, KNEA opposed the bill as bad for recruitment and retention of teachers. New teachers, we said, should not have to work longer for a lower benefit. United School Administrators also questioned the bill on the basis of recruitment and retention.

On Thursday, however the Committee with very little discussion voted to send the bill to the full Senate with their recommendation that it be passed. This action was not unexpected. The Senate has been toying with the idea of a two-tiered system for several years. If this bill becomes law it will have no immediate impact on the KPERS unfunded actuarial liability but down the road could reduce the number of years it would take to put the system in balance.

To see the details of the plan, read the KPERS Issue Brief. Click here.

A companion bill, SB 364, would raise the employee contribution for current employees from 4% to 6% and give them an annual 2% COLA beginning at age 65. This bill was sent back to KPERS for more consideration. Legislators were concerned about its cost and wondered if there were other options for granting a COLA to current workers. It is highly unlikely that this bill will resurface this session.

Both of these bills have House twins. SB 362 is HB 2557 while SB 364 is HB 2558. The House Select Committee on KPERS held a hearing on these bills Thursday. KNEA lobbyist Terry Forsyth testified against the two-tiered system before the committee.

The Select Committee plans to debate and work the bills on Monday evening.

Waiting in the wings

As for current retirees, there have been no hearings yet on proposals to grant a 3% ad hoc COLA to those already in retirement. We’ll keep watching.

This issue could come up in the KPERS “Omnibus” discussions. Every year there is a KPERS Omnibus bill which contains a plethora of ideas culled from the whole variety of bills that were introduced during the session. This work may begin next week.

Your bill tracker

Bills in limbo…

SB 109 allows school districts to pay employees at the first regularly scheduled pay date even if that is before September. This bill is idling in House Appropriations.

HB 2140, declaring English to be the official language of the state but allowing schools and other units of government to continue to serve the public in other languages, passed the House on February 21 and has had a hearing in the Senate Federal and State Affairs Committee. There it sits.

HB 2185 which would allow Kansans who have left the state to return within five years and qualify for in-state tuition had a hearing the Senate Ways and Means Committee where it awaits action.

Bills up for action next week…

HB 2310, requiring schools to have policies on bullying and programs to implement those policies. It was amended on the floor by Rep. Kasha Kelley to have a “character education” requirement. It will have a Senate hearing on Monday.

HB 2343, an early graduation incentive program for students going into the construction trades. It will have a Senate hearing on Tuesday.

SB 22 provides grants to universities expanding teacher prep programs. House Ed will work this bill on Tuesday.

SB 23 consolidates a number of teacher scholarship programs into one mega-program. House Ed will work this bill on Tuesday.

SB 68 extends the non-proficient at-risk weighting that is set to sunset at the end of this school year. House Ed will work this bill on Friday.

SB 69 would allow districts to use the declining enrollment and cost of living local property taxes if they have an LOB of at least 25%. Current law requires the maximum LOB. House Ed will work this bill on Tuesday.

SB 129 is an adjustment in the school safety and security act to give districts and law enforcement more reasonable time limits and protect the rights of students. House Ed will work this bill on Wednesday.

SB 144 which extends the statewide 20 mill property tax levy for schools for another two years. This bill awaits a vote on the Senate floor.

The future of KPERS… 

What are the details of the proposal on a different KPERS plan for future teachers and state employees?

Click here to read the KPERS issue brief on the plan.

Click here to read SB 362, the newly introduced bill to enact the plan.

Special Note: current employees would not be under this plan! Your plan can only be changed if a change includes a benefit enhancement!

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School bills:

What’s passed the House?

HB 2014, extending the Technical and Vocational Education Commission. (104-17)

HB 2123, deleting the 10-mile rule for transporting students. Under current law a bus from a neighboring district can come into another district to pick up a student if the student lives more than 10 miles from his/her school of residency and less than 10 miles from a school in the neighboring district. This deletes the requirement that the neighboring district school be less than 10 miles away. (121-1)

HB 2159, adjusting the military second count day for schools due to a change in redeployment of soldiers. This is a good one for Ft. Riley and Ft. Leavenworth neighbors in particular. (120-0)

HB 2130, requiring schools to have policies on bullying and programs to implement those policies. It was amended on the floor by Rep. Kasha Kelley to have a “character education” requirement. (109-13)

HB 2343, an early graduation incentive program for students going into the construction trades. (122-0)

HB 2459, not actually passed; this is the character education bill amended into the bullying bill.

What’s passed the Senate?

SB 22 provides grants to universities expanding teacher prep programs. (39-0)

SB 23 consolidates a number of teacher scholarship programs into one mega-program. (40-0)

SB 68 extends the non-proficient at-risk weighting that is set to sunset at the end of this school year. (35-5)

SB 69 would allow districts to use the declining enrollment and cost of living local property taxes if they have an LOB of at least 25%. Current law requires the maximum LOB. (39-1)

SB 109 allows school districts to pay employees at the first regularly scheduled pay date even if that is before September. (38-0)

SB 129 is an adjustment in the school safety and security act to give districts and law enforcement more reasonable time limits and protect the rights of students. (40-0)

All of the above bills still need to pass the second chamber to become law. What’s the only bill to already pass both chambers?

Senate Bill 30 – the school finance lock box!

What’s passed a Committee but has been blessed so it can be considered after the turnaround break?

SB 93 changes the high poverty at-risk to a linear transition.

SB 144 which extends the statewide 20 mill property tax levy for schools for another two years.
 

Among the many bills withering away due to lack of action are…

• HB 2022; Employees can serve on school boards
• HB 2063; Reduce the transportation mileage from 2.5 miles to 1.0 miles
• HB 2090; Calculating weight and height of students in grades 4, 7, 9, and 12
• HB 2223; ESOL training grants to school districts
• HB 2253; Special education vouchers
• HB 2275; Shutting off vending machines during the school day
• HB 2338; Changing at-risk from a head count of kids in poverty to an FTE count of kids in programs
• HB 2347; Required gifted training for all teachers
• HB 2389; Charter school appeals to the State Board
• SB 61; Eliminating the required election to go to  31% on the LOB
• SB 70; Allowing school districts to bring buses into their neighboring districts to get students.
• SB 142; Changing the Cost of Living weighting from housing cost to a comparative wage index
• SB 170; Putting limits on vending machines and beverage sales in schools
• SB 171; Requiring schools to provide fresh fruits and vegetables between meals
• SB 280; Dealing with corporal punishment
• SB 281; Requiring minutes of PE, fitness tests, and body mass index calculations of students
• SB 282; Special Education vouchers

Tax Bills:

Franchise tax elimination would cut state revenue by over $44 million each year!

The House passed HB 2031 repealing the franchise tax on business against the advice of the Governor and the Department of Revenue.

According to the budget department this repeal would cost the state $44 million in revenue in 2008. Extending the cut out results in even greater revenue reductions in subsequent years - $45 million in 2009, $46 million in 2010, $47 million in 2011, and $48 million in 2012.

The resulting revenue loss will lead to a shift in taxes and a possible tax increase down the line a few years.

KNEA and KASB jointly opposed the franchise tax elimination.

Radical property tax cuts pending in the Senate!

The Senate Assessment and Taxation Committee has fired out a constitutional amendment that, if passed, would allow the legislature to cap property tax valuations for all Kansans over age 65.

This amendment takes some real explaining. It is a constitutional amendment that allows the Legislature to cap valuations for seniors – it would not automatically enact those limitations. Of course, any voter voting YES is likely to expect the Legislature to enact those limits.

In addition the amendment allows the Legislature to limit the application of the cap. For example, the Legislature could say only low-income seniors get the break. But this decision would be made after voters passed the amendment expecting that they would get the break. Which senators do you think would sponsor a bill to limit this tax break to only low-income seniors after Kansans had passed the amendment?

If passed, SCR 1602 would dramatically reduce revenue from property tax collections. Local units of government that depend on property taxes – cities, counties, and schools – would be forced to either cut services or raise mill levies to stay even.

Like every so-called tax cut, this is really a tax shift. Seniors would pay less while those under 65 and businesses would pick up the slack.

At this moment SCR 1602 is sitting on the debate calendar of the full Senate.

What’s a cut-happy legislator to do?

If legislators want to make the people of Kansas happy with their tax burden then they need to stop monkeying with the tax system in a piecemeal fashion.

KNEA and KASB are urging the Tax Committees to take a comprehensive look at the entire Kansas 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.

A bill to do this is Senate Bill 305 which would create a Tax Modernization Commission charged with reviewing the system and restoring common sense.

SB 305 is tentatively scheduled for a hearing in the Senate Assessment and Taxation Committee on March 6. We’ll be there!

KPERS Bills: Waiting in the wings

No action has as yet been taken on any bill dealing with KPERS.

Three bills exist each of which would provide a 3% COLA for current retirees. Those bills are:

HB 2178 by Harold Lane (D-Topeka),

SB 167 by John Vratil (R-Leawood), and

SB 263 by Anthony Hensley (D-Topeka)

Introduced just today in the Senate for consideration in the second half of the session are:

SB 362 would establish a two-tiered retirement system. Under this bill new teachers beginning in 2009 would be under a different retirement plan that has a 6% employee contribution, 5 year vesting, a later retirement age, and a regular 2% COLA after retirement. Current employees would stay under the current plan.

SB 364 would increase the current employee’s rate from 4% to 6% and would add a regular 2% COLA after retirement.

At the end of yesterday’s business, House Speaker Melvin Neufeld announced the appointment of a Select Committee on KPERS. Members of this committee are;

Rep. Richard Carlson, Chair (R-St. Mary’s)

Rep. Kevin Yoder, Vice-Chair (R-Overland Park )

Rep. Lana Gordon (R-Topeka)

Rep. Ty Masterson (R-Andover)

Rep. Clark Shultz (R-Lindsborg)

Rep. Sharon Schwartz (R-Washington)

Rep. Geraldine Flaharty, Ranking Minority (D-Wichita)

Rep. Harold Lane (D-Topeka)

Rep. Margaret Long (D-Kansas City ) 

Other Bills:

House reaffirms lowest minimum wage in the nation!

Declaring an increase in Kansas ’ abysmal minimum wage of