SCHOOLS FOR QUALITY EDUCATION
SCHOOLS FOR QUALITY EDUCATION Legislative Report - February 5th, 2016 Dave Heinemann [email protected] 785-213-9895 The traditional slow start of every legislative session shifted suddenly into speed mode this week as several major issues were either being heard in committee or debated on the House floor. Leadership is now telling the committee chairs to have all bills out of their committee by February 18th in order to be considered by each house. The deadline set in the joint rules is February 24th; however, leadership has the ability to force earlier deadlines without necessarily changing the rules. This follows through with earlier remarks about their desire to have a shorter session this year in light of the record 114 days spent in session last year. First, a big "Thank You" to everyone who took the time to weigh in and help make a difference on House Bill 2504, the school realignment "consolidation" bill that would have left Kansas with only 132 school districts. Your personal participation through written testimony, e-mails, phone calls, etc. that culminated with the appearance of many who could make to trip to attend the jam packed hearing on the bill before the House Education Committee last Wednesday helped to make a difference as it now appears that the chairman of the committee has decided to not take the consolidation bill up for further action at this time by his committee. The bill's sponsor, Rep. John Bradford, R- Leavenworth, started the hearing in defense of his bill by stating that: "it does not close schools, . . . affect teachers, nor does it fire principals, . . . it does not sell school buses, it does not change any boundaries, except by the State Board, it does not affect any students, it does not kill any mascots, it does not affect the football teams and it does not increase any time that students ride the school buses." At the conclusion of the hearing, Palco school board member Tom Benoit, who testified on behalf of SQE, delivered a climactic close for all of the opposition testimony when he read each item on Rep. Bradford's list back to the committee and emphatically declared that every one of these things would occur if the bill became law. The overflow crowd burst into applause. Tom made it clear in his testimony that any decision to consolidate schools should only be made by the local district's patrons and not pursuant to a hasty or ill-conceived plan emanating from Topeka. While this battle appears to be won for now it is important to not let your guard down. Proponents of consolidation are still
looking for opportunities and we have learned from experience that conference committees in the Kansas legislature often slip bills that were previously dead into a conference committee report, so the possibility always exists that a "consolidate light pilot" version of "school consolidation" might show up when least expected. On Thursday, The House dealt with the emotional and politically charged issue of how Kansas' justices are selected to serve on the Supreme Court. Currently, Kansas has a non-partisan selection method the Kansas voters adopted in 1958 in response to the so-called "triple play" scandal of the fifties. On January 3, 1957, Governor Fred Hall called a news conference to announce the retirement of Chief Justice William Smith due to failing health. He then announced his own resignation as Governor. Lt. Governor John McCuish was immediately sworn in as Governor for the remaining ten days of Hall's term.
Governor McCuish them proceeded to appoint Hall to fill the Chief
Justice's vacancy.
Hall took his oath of office for the judicial seat and the news
conference ended as the Kansas National Guard fired a nineteen gun salute for the new Governor McCuish. Kansas voters, in response to this political maneuver, adopted a merit based system to select judges for Kansas. Supreme Court vacancies are now filled through the Governor's appointment of one of three candidates nominated by the Supreme Court Nominating Commission, a commission with nine members: a attorney as chair chosen by the members of the Kansas bar; one attorney member from each congressional district chosen by members of the Kansas bar that reside in that district; and four non-attorney members, one from each congressional district appointed by the Governor. Recently, legislators and others who have not been pleased with the court's rulings, particularly those relating to school finance, the death penalty and abortion, want to repeal the merit selection process in favor of the Governor making direct appointment subject to senate confirmation. Appointments to vacancies in the Kansas Court of Appeals used the same merit based Supreme Court Nominating Commission process until 2013 when the legislature changed the way the 14 Court of Appeals justices are selected so that all new vacancies are appointed directly by the Governor subject to Senate confirmation. This change was possible because the process for the appointment of Court of Appeals justices was set up by statute and a statutory change only needs a majority vote of both houses to become law. Because the merit based commission selection process for Supreme Court justices is in the Kansas constitution it
takes a constitutional amendment to change is. House Concurrent Resolution 5005 would have put the question on the ballot for the voters to decide if they wanted to change from the current merit selection system to the model that would have the Governor making the appointment. Our constitution also provides that any proposed amendment to the Kansas constitution must be adopted by a two-thirds vote of the House and the Senate. On Thursday HCR 5005 received 68 "yes" votes and 54 "no" votes. It fell 16 votes short of the 84 or two-thirds majority needed for passage. The resolution would probably not have received even a majority vote of 63 but for the high pressure lobbying by the Governor and other proponents for the measure.
One
legislator told me privately that he was against this, but he knew it was not going to pass so he was going vote for it anyway and avoid the heat in an election year. Many who had the courage to vote "no" have been told they will be targeted for their "no" votes this fall. In addition, each justice of the Kansas Supreme Court is periodically subject to a retention vote. Five of the seven are up for retention this year and there is much talk about how post card campaigns will be organized this fall to encourage a vote to not retain several justices. This is probably more information than you wanted to know about this issue, but it is critical for voters to understand this process and how important an independent third branch of government is for Kansas. The following explanation of vote (one of many offered on HCR 5005) probably best demonstrates the pressures and the importance of a legislator's vote: "MR. SPEAKER: As a defender of the unborn and a solid pro-life voter, I reject the notion advanced by some that this proposal is about protecting the unborn. It is not. My vote today is for separation of the powers of government and preservation of a fair, impartial and independent judiciary. I will not be bullied by special interest groups into voting for a measure which I know is wrong. I vote no on HCR 5005. – DON HINEMAN, RUSS JENNINGS, STEVEN R. BECKER Also, on Thursday, the House took up Senate Bill 188, a bill that was a holdover from the prior session and still on the House Calendar. (Bills are alive during the twoyear biennium) As reported last year, Senate Bill 188 creates an extensive list of new website reporting requirements for school districts pertaining to "Employee Compensation Information", i.e., listing the annual aggregate compensation of the highest 10 paid employees, amounts paid on behalf of board members, etc. The state board of education is charged with investigating any complaint that a school district is
not in compliance and required to impose a civil penalty of $1,000 per day on any school district found not to be in compliance. The Kansas Policy Institute and Senator Melcher appeared last year as proponents and KASB appeared as an opponent. The House leadership clearly wanted this bill out of committee last year. Good news. This morning the House killed Senate Bill 188 on final action by a vote of 58 "yes" and 61 "no". A constitutional majority of 63 would have been required to pass it. Please take the time to thank you legislator if they voted "no". Several other important hearings were held this week. On Monday the House Education Committee took up House Bill 2486 that creates a new process for state aid on general obligation bonds by establishing a school district bond project review board comprised primarily of legislators. The block grant bill repealed state aid on general obligation bond program effective July 1, 2017. It was clear from the testimony offered that several problems exist in the bill. The bill limits state participation to only that part of the project involving "direct instruction of students". This is not defined in the bill and probably would not include many portions of the building used for: counselors, health services, libraries, media centers, lunchrooms, safe rooms, security areas, utility rooms, hallways, etc. One concern raised by KASB testimony is that while the prior law apparently achieved the court required equity because differences in mill levies were almost eliminated, this proposal, by the elimination of almost 50 percent of the project deemed not to be related to direct instruction, appears to eliminate the intended equalization. The superintendent from Galena compared his district to the Burlington school district to show the huge disadvantage this bill as drafted would create. He also cited the potential advantage larger school districts might have with the politically constituted review board created by the bill.
Traditionally, legislators have never
placed themselves on boards charged with conducting the executive functions required by legislation. This apparently started last year for the first time when the finance council, composed of legislators and the Governor, was given the job of deciding which school districts qualified for the extraordinary needs funds. It was suggested that since bond state aid was part of the bigger picture of creating a new school finance formula that this bill be postponed and made a part of that process. The committee is scheduled to work this bill on Monday. The Senate will hold hearings on an identical bill, Senate Bill 356, next Wednesday.
On Tuesday the House Education Committee held a hearing on House Bill 2457. This bill seeks to expand the provisions of the corporate income tax credit for low income students scholarship program in many ways.
All income taxpayers, not just
corporate, would be able to take advantage of the tax credit and receive a full 100 percent income tax credit. Current law is 70 percent. Eligibility is expanded to those whose family household income does not exceed 250% of the poverty level. This bill is also on the House Education Committee's list to work next Monday. The House Federal and State Affairs Committee worked House Bill 2468, the "air gun" bill, that prohibits school districts from preventing organizations from using school property if they contain activities that involve the possession and use of air guns. The committee amended out the provision that would have prevented the school district from requiring the organization to obtain or pay for any part of a liability insurance policy related to air gun activities and modified the definition of “air gun” to require any such device be .18 caliber or less and have a muzzle velocity that does not exceed 700 feet per second. A subcommittee of the House Pensions and Benefits committee is currently working on proposals to expand the working after retirement provisions enacted last year. It appears that they may come up with a proposal that will help school districts be able to hire recently retired professionals that otherwise would be restricted from coming back to work. Finally, we still have a long ways to go this session and I cannot stress more the importance of making and keeping a contact with your legislators. Contact me if I can be of any help to you.
New Bills of Interest House Bill 2588 - Amends the student data privacy act to mandate that each school district adopt a written student data access policy that sets forth those persons authorized to access, manage or use the student data, in addition to defining their responsibilities, privileges and restrictions.
These school district personnel are to
receive training on the student data access policy.
Student data that is stored or
maintained by any educational agency must be encrypted.
House Bill 2589 - A child who, with parental consent, has become exempt from compulsory school attendance shall be ineligible for TANF cash assistance and food assistance benefits.
This ineligibility would not affect the eligibility of any other
assistance household member. House Bill 2590 - Creates a local school district contribution program through the Kansas income tax by authorizing an income tax check-off that is in addition to the tax owed. The taxpayer may designate any school district as the recipient and the funds shall be treated in the same manner as any other donation to the school district. House Bill 2596 - A new school finance plan that creates the classroom-based funding act. More explanation later if it appears that in will be considered. Schedule for the Week of February 1st - February 3rd (Note that this schedule often changes without advance notice) Monday, February 8th House Education Discussion and possible action on: HB 2486 - Creating the school district bond project review board. HB 2457 - Amending the tax credit for low income students scholarship program act. Senate Education Hearing continuation on: SB 342 — Creating the student online personal protection act. Subcommittee on Working After Retirement Meeting relating to: Working after Retirement.
Tuesday, February 9th House Education Hearing on: HB 2531 - Eliminating due process for certain postsecondary teachers. Senate Education Hearing on:
SB 388 - Requiring the state board of regents to adopt a policy on awarding credit hours based on CLEP test results. House Children and Seniors Hearing on: HB 2534 - Amendments to the freedom from unsafe restraint and seclusion act. House Utilities and Telecommunications Guest Speakers: David Banks, Wichita School District Facilities Division Darin Headrick, Superintendent, Greensburg USD 422 Wednesday, February 10th House Education Hearing on: HB 2533 - Creating the student online personal protection act. Senate Education Hearing on: SB 356 - Creating the school district bond project review board. House Health and Human Services Final action on: HB 2578 - Amending the school sports head injury prevention act.
Thursday, February 11th House Education Hearing on: HB 2532 - Including financial literacy as an educational capacity. Senate Education Possible action on bills previously heard: SB 323 - Creating the Jason Flatt act; requiring suicide prevention training for school district personnel. Friday, February 12th - Nothing scheduled at this time.
looking for opportunities and we have learned from experience that conference committees in the Kansas legislature often slip bills that were previously dead into a conference committee report, so the possibility always exists that a "consolidate light pilot" version of "school consolidation" might show up when least expected. On Thursday, The House dealt with the emotional and politically charged issue of how Kansas' justices are selected to serve on the Supreme Court. Currently, Kansas has a non-partisan selection method the Kansas voters adopted in 1958 in response to the so-called "triple play" scandal of the fifties. On January 3, 1957, Governor Fred Hall called a news conference to announce the retirement of Chief Justice William Smith due to failing health. He then announced his own resignation as Governor. Lt. Governor John McCuish was immediately sworn in as Governor for the remaining ten days of Hall's term.
Governor McCuish them proceeded to appoint Hall to fill the Chief
Justice's vacancy.
Hall took his oath of office for the judicial seat and the news
conference ended as the Kansas National Guard fired a nineteen gun salute for the new Governor McCuish. Kansas voters, in response to this political maneuver, adopted a merit based system to select judges for Kansas. Supreme Court vacancies are now filled through the Governor's appointment of one of three candidates nominated by the Supreme Court Nominating Commission, a commission with nine members: a attorney as chair chosen by the members of the Kansas bar; one attorney member from each congressional district chosen by members of the Kansas bar that reside in that district; and four non-attorney members, one from each congressional district appointed by the Governor. Recently, legislators and others who have not been pleased with the court's rulings, particularly those relating to school finance, the death penalty and abortion, want to repeal the merit selection process in favor of the Governor making direct appointment subject to senate confirmation. Appointments to vacancies in the Kansas Court of Appeals used the same merit based Supreme Court Nominating Commission process until 2013 when the legislature changed the way the 14 Court of Appeals justices are selected so that all new vacancies are appointed directly by the Governor subject to Senate confirmation. This change was possible because the process for the appointment of Court of Appeals justices was set up by statute and a statutory change only needs a majority vote of both houses to become law. Because the merit based commission selection process for Supreme Court justices is in the Kansas constitution it
takes a constitutional amendment to change is. House Concurrent Resolution 5005 would have put the question on the ballot for the voters to decide if they wanted to change from the current merit selection system to the model that would have the Governor making the appointment. Our constitution also provides that any proposed amendment to the Kansas constitution must be adopted by a two-thirds vote of the House and the Senate. On Thursday HCR 5005 received 68 "yes" votes and 54 "no" votes. It fell 16 votes short of the 84 or two-thirds majority needed for passage. The resolution would probably not have received even a majority vote of 63 but for the high pressure lobbying by the Governor and other proponents for the measure.
One
legislator told me privately that he was against this, but he knew it was not going to pass so he was going vote for it anyway and avoid the heat in an election year. Many who had the courage to vote "no" have been told they will be targeted for their "no" votes this fall. In addition, each justice of the Kansas Supreme Court is periodically subject to a retention vote. Five of the seven are up for retention this year and there is much talk about how post card campaigns will be organized this fall to encourage a vote to not retain several justices. This is probably more information than you wanted to know about this issue, but it is critical for voters to understand this process and how important an independent third branch of government is for Kansas. The following explanation of vote (one of many offered on HCR 5005) probably best demonstrates the pressures and the importance of a legislator's vote: "MR. SPEAKER: As a defender of the unborn and a solid pro-life voter, I reject the notion advanced by some that this proposal is about protecting the unborn. It is not. My vote today is for separation of the powers of government and preservation of a fair, impartial and independent judiciary. I will not be bullied by special interest groups into voting for a measure which I know is wrong. I vote no on HCR 5005. – DON HINEMAN, RUSS JENNINGS, STEVEN R. BECKER Also, on Thursday, the House took up Senate Bill 188, a bill that was a holdover from the prior session and still on the House Calendar. (Bills are alive during the twoyear biennium) As reported last year, Senate Bill 188 creates an extensive list of new website reporting requirements for school districts pertaining to "Employee Compensation Information", i.e., listing the annual aggregate compensation of the highest 10 paid employees, amounts paid on behalf of board members, etc. The state board of education is charged with investigating any complaint that a school district is
not in compliance and required to impose a civil penalty of $1,000 per day on any school district found not to be in compliance. The Kansas Policy Institute and Senator Melcher appeared last year as proponents and KASB appeared as an opponent. The House leadership clearly wanted this bill out of committee last year. Good news. This morning the House killed Senate Bill 188 on final action by a vote of 58 "yes" and 61 "no". A constitutional majority of 63 would have been required to pass it. Please take the time to thank you legislator if they voted "no". Several other important hearings were held this week. On Monday the House Education Committee took up House Bill 2486 that creates a new process for state aid on general obligation bonds by establishing a school district bond project review board comprised primarily of legislators. The block grant bill repealed state aid on general obligation bond program effective July 1, 2017. It was clear from the testimony offered that several problems exist in the bill. The bill limits state participation to only that part of the project involving "direct instruction of students". This is not defined in the bill and probably would not include many portions of the building used for: counselors, health services, libraries, media centers, lunchrooms, safe rooms, security areas, utility rooms, hallways, etc. One concern raised by KASB testimony is that while the prior law apparently achieved the court required equity because differences in mill levies were almost eliminated, this proposal, by the elimination of almost 50 percent of the project deemed not to be related to direct instruction, appears to eliminate the intended equalization. The superintendent from Galena compared his district to the Burlington school district to show the huge disadvantage this bill as drafted would create. He also cited the potential advantage larger school districts might have with the politically constituted review board created by the bill.
Traditionally, legislators have never
placed themselves on boards charged with conducting the executive functions required by legislation. This apparently started last year for the first time when the finance council, composed of legislators and the Governor, was given the job of deciding which school districts qualified for the extraordinary needs funds. It was suggested that since bond state aid was part of the bigger picture of creating a new school finance formula that this bill be postponed and made a part of that process. The committee is scheduled to work this bill on Monday. The Senate will hold hearings on an identical bill, Senate Bill 356, next Wednesday.
On Tuesday the House Education Committee held a hearing on House Bill 2457. This bill seeks to expand the provisions of the corporate income tax credit for low income students scholarship program in many ways.
All income taxpayers, not just
corporate, would be able to take advantage of the tax credit and receive a full 100 percent income tax credit. Current law is 70 percent. Eligibility is expanded to those whose family household income does not exceed 250% of the poverty level. This bill is also on the House Education Committee's list to work next Monday. The House Federal and State Affairs Committee worked House Bill 2468, the "air gun" bill, that prohibits school districts from preventing organizations from using school property if they contain activities that involve the possession and use of air guns. The committee amended out the provision that would have prevented the school district from requiring the organization to obtain or pay for any part of a liability insurance policy related to air gun activities and modified the definition of “air gun” to require any such device be .18 caliber or less and have a muzzle velocity that does not exceed 700 feet per second. A subcommittee of the House Pensions and Benefits committee is currently working on proposals to expand the working after retirement provisions enacted last year. It appears that they may come up with a proposal that will help school districts be able to hire recently retired professionals that otherwise would be restricted from coming back to work. Finally, we still have a long ways to go this session and I cannot stress more the importance of making and keeping a contact with your legislators. Contact me if I can be of any help to you.
New Bills of Interest House Bill 2588 - Amends the student data privacy act to mandate that each school district adopt a written student data access policy that sets forth those persons authorized to access, manage or use the student data, in addition to defining their responsibilities, privileges and restrictions.
These school district personnel are to
receive training on the student data access policy.
Student data that is stored or
maintained by any educational agency must be encrypted.
House Bill 2589 - A child who, with parental consent, has become exempt from compulsory school attendance shall be ineligible for TANF cash assistance and food assistance benefits.
This ineligibility would not affect the eligibility of any other
assistance household member. House Bill 2590 - Creates a local school district contribution program through the Kansas income tax by authorizing an income tax check-off that is in addition to the tax owed. The taxpayer may designate any school district as the recipient and the funds shall be treated in the same manner as any other donation to the school district. House Bill 2596 - A new school finance plan that creates the classroom-based funding act. More explanation later if it appears that in will be considered. Schedule for the Week of February 1st - February 3rd (Note that this schedule often changes without advance notice) Monday, February 8th House Education Discussion and possible action on: HB 2486 - Creating the school district bond project review board. HB 2457 - Amending the tax credit for low income students scholarship program act. Senate Education Hearing continuation on: SB 342 — Creating the student online personal protection act. Subcommittee on Working After Retirement Meeting relating to: Working after Retirement.
Tuesday, February 9th House Education Hearing on: HB 2531 - Eliminating due process for certain postsecondary teachers. Senate Education Hearing on:
SB 388 - Requiring the state board of regents to adopt a policy on awarding credit hours based on CLEP test results. House Children and Seniors Hearing on: HB 2534 - Amendments to the freedom from unsafe restraint and seclusion act. House Utilities and Telecommunications Guest Speakers: David Banks, Wichita School District Facilities Division Darin Headrick, Superintendent, Greensburg USD 422 Wednesday, February 10th House Education Hearing on: HB 2533 - Creating the student online personal protection act. Senate Education Hearing on: SB 356 - Creating the school district bond project review board. House Health and Human Services Final action on: HB 2578 - Amending the school sports head injury prevention act.
Thursday, February 11th House Education Hearing on: HB 2532 - Including financial literacy as an educational capacity. Senate Education Possible action on bills previously heard: SB 323 - Creating the Jason Flatt act; requiring suicide prevention training for school district personnel. Friday, February 12th - Nothing scheduled at this time.
