Education Conference Committees Reach Agreements

After a long day of meetings, House and Senate leaders have negotiated a series of agreements on education bills that will go to the House and Senate for up or down votes without amendment.  If either chamber rejects a proposal, a new conference committee can be appointed to continue negotiations.  On several bills, it will take a procedural vote called “agree to disagree” because at least one of the three Senators and three House members refuse to sign the report.  Subsequent committee reports take only four of the six members to sign an agreement.

Each of these measures could be voted upon by the House and Senate Thursday or Friday at the latest, so contact your Legislators immediately to express any concerns.

Here are the agreements reached Wednesday evening by Senators Steve Abrams, R-Arkansas City, Tom Arpke, R-Salina and Anthony Hensley, D-Topeka; and Representatives Ward Cassidy, R-St. Francis, Amanda Grosserode, R-Lenexa, and Valdenia Winn, D-Kansas City:

SB 2140 – Read to Succeed Act.  The conference committee agreed to several additional amendments to this bill, which now contains the following major provisions:

First, most provisions of the bill apply only to districts with a percentage of students scoring at the lowest reading level on state assessments that is greater than the state average.

Second, beginning in the 2016-17 school year, students in those districts may not be promoted from first to second grade if they score below a certain standard on a reading assessment selected by the district to identify reading comprehension.  The State Board of Education will determine acceptable assessments and minimum scoring levels.

Third, there are number of exceptions to this policy, including certain special education and bilingual students.  The district must also allow students to take a second test to quality for promotion to second grade; allow promotion based on proficiency demonstrated through teacher-developed portfolios; allow parents to require the student be promoted after a conference, or upon recommendation of teacher, principal and superintendent if parent fails to respond.

Fourth, schools in these districts must provide early screening and interventions.

Fifth, a grant program is established to provide funding to school districts or non-profit organizations through the Kansas Children’s Cabinet for reading assistance programs.

Sixth, the bill creates a task force to study interventions to improve reading.

Seventh, the bill would establish the Kansas Reads to Succeed Incentive Program to make a monetary award of $10,000 each to those districts that have at least one elementary school identified as being among the top 100 public elementary schools, based on the demonstration of improvement in grade four reading proficiency.

SB 23 – Various School Finance Provisions.  The conference committee report bundles four previous bills into one.  The new bill would do the following:

·         It extends the statewide 20 mill levy for two years, which was the original content of SB 23.  (KASB supports.)

·         It allows expanded use of capital outlay funds going forward, but only if the state certifies that the state aid program for capital outlay is funded at the statutory level.  (This funding is not currently contained in either the House or Senate budget proposals.)  If the state aid level is certified, capital outlay funds could be used for school district property maintenance, various equipment for academic uses, computer software, and performance uniforms. (KASB supports.)

·         It contains the provisions passed by the Senate in SB 171 which would require each school district and the Kansas Department of Education to report on their respective websites the budget summary for the current school year, as well as actual expenditures for the immediately preceding two school years showing total net transfers and amounts spent per pupil by specific function, disaggregated to show the per-pupil revenue amounts from local, state, and federal sources.  (KASB opposed the original bill, which included extensive new reporting requirements, but does not oppose this amended proposal.)

·         It would authorize a second count of military students on February 20 to determine the number of students enrolled in a school district to continue through the 2017-2018 school year, as passed in HB 2109. The authorization is set currently to expire at the end of the 2012-2013 school year.

·         It allows a local school board that has qualified to levy an ad valorem tax for ancillary school facilities weighting for two years to continue to levy the tax for up to six years. The amount of the levy would be reduced to 90.0 percent in the first year of the six-year period; 75.0 percent in the second year; 60.0 percent in the third year; 45.0 percent in the fourth year; 30.0 percent in the fifth year; and 15.0 percent in the sixth year.  Current law allows local school boards that have levied an ad valorem tax for ancillary school facilities for two years to continue to levy the tax for up to an additional three years.  (KASB is neutral.)

The most controversial aspect of the bill is the ancillary weighting change, which passed the House narrowly as an amendment to SB 23, because it applies only to a small number of districts and provides additional funding through a special property tax.  At least one conferee, Sen. Anthony Hensley, D-Topeka, said he will not sign the bill because the ancillary weighting is included, which will require an “agree to disagree” to pass both Houses before the conference committee report can be considered.  If the report is defeated in either House because of the ancillary weighting provision, conferees could consider removing that portion.

SB 171 – Mandatory10 Percent Local Option Budget.  Another controversial proposal was placed in SB 171, after the original contents concerning school budget reporting were removed.  The concept was recommended by the House Education Budget Committee in HB 2003, and then amended by the House into SB 23.  Senate conferees are cool to the concept, but agreed to put the issue into a stand-alone bill for an up or down vote.

This proposal is mechanically much simpler than earlier versions, but the intent is the same.  It would require each district have a local option budget of at least 10 percent, and transfer an amount equal to the 10 percent into the school district general fund as “local effort” to finance a base budget per pupil of $4,264, rather than the current $3,838.  Although this will result in a higher base budget, it will not provide any change in the amount of funding any district actually receives.  The purpose to provide a higher base amount to help defend the state in the school finance case, and to claim a portion of current “local funding” as “state funding.”

KASB testified as neutral on the original bill, which as introduced appeared to actually provide addition revenue to districts.  It was clarified that is not the intent.  KASB does not support this version because it simply shifts funding and attempts to claim as state funding local option budget funds when LOB state aid is $90 million underfunded.  This report will also require an “agree to disagree.”

HB 2109 – Children’s Internet Protection Act.  This subject material was passed by the Senate in SB 104 and would require technology protection measures be implemented and enforced in public school districts and public libraries. The bill would define “technology protection measure” as any computer technology or other process that blocks or filters online access to certain visual depictions.  (KASB is neutral.)

The following bills were agreed to earlier in the day by the conference committee composed of Senators Abrams, Arpke and Hensley and Representatives Kasha Kelley, R-Arkansas City; Ward Cassidy, R-St. Francis, and Ed Trimmer, D-Winfield:

HB 2349 – School District Efficiency Audits.  The bill directs Legislative Post Audit to conduct three efficiency audits per year.  The House will move to concur in Senate amendments that added a sunset provision and exempted school districts from having required audits if they have had a similar audit in the past five years. KASB supported the original bill and believes the amendments improved it.

HB 2261 – School District Balances, Bullying Policies and Celebrate Freedom Week.  The conference committee report contains provisions from three previous bills.

·         As in the original bill, it provides permanent authority for districts to transfer certain unexpended restricted fund balances for general education purposes and removes the 10 percent limit on the contingency fund. KASB supports.

·         It requires school districts to include in their bullying policies staff and parents, as passed by the House in HB 2222.  KASB supported the original bill but is concerned about the ability of school policies to address parents.

·         It establishes Celebrate Freedom Week in Kansas schools annually in September and directs the Kansas State Board of Education to provide for teaching certain topics of American history and government through academic standards during that week as passed by the House in HB 2280.  The committee agreed to limit the requirements of the bill to grades K-8, so it does not interfere with the regular schedule of teaching history and government in high school.  KASB is neutral.

HB 2319 – Innovative School Districts.  The bill allows up to 10 percent of districts in the state to become “innovative school districts” exempted from most state laws in exchange for higher outcomes standards. The conference committee added language specifying districts remain subject to the state open meetings and open records requirements. KASB supports the bill.

The Senate has already concurred on House amendments to SB 128, which expands time students have to complete certification in career technical education program that result in school district incentive payments. As amended by the House, it also extends the expiration date of the Kansas postsecondary technical education authority from 2014 to 2017. The action sends the bill to the Governor.

Gun Bill Appears to Exempt Schools

As reported earlier, the conference committee on HB 2052 reached a tentative agreement Tuesday night on language that would exempt school districts from new requirements for public building security, the position passed by the House of Representatives and supported by KASB.

The agreement would include provisions passed by both the House and Senate allowing school boards to permit employees licensed for concealed carry of handguns to bring such weapons into schools, even if the building is posted to prohibit concealed carry by the general public.  KASB believes schools already have similar authority, and was neutral on this provision.

On Wednesday, the Senate adopted a conference committee report for HB 2033, concerning the regulation of knives.  This agreement includes a Senate provision specifically allowing school districts, juvenile detention centers and jails to regulate the carrying of knives.  The Senate agreed to drop another provision that would have removed a prohibition on “throwing stars.”  Senate concerns were based on a reported incident where a student was expelled for bringing an artifact with sharpened edges to school, which caused some Legislators to believe the school district had overreacted.  The conference committee directed that a letter of concern be sent to the State Board of Education to be communicated to local boards.  The House will likely vote on this report on Thursday.

Tax Talks Stall

Despite progress in reaching agreement on other issues, the Senate and House appear increasingly deadlocked on a tax plan.  The Senate and Governor Brownback want to continue the state sales tax rate at its current level to finance the state budget and allow for future income tax rate cuts.  The House voted to allow the rate to drop by 0.6 percent as scheduled on June 30, creating a projected budget crunch by Fiscal Year 2015.  Leaders of the two tax committees said today they do not expect an agreement by Friday, when the Legislature scheduled to end the regular and not return until May 8 for the final wrap-up session.

Many legislators are concerned about an unexpected drop in state general fund revenues in March, and want to wait on a new official state revenue projection due in April before finalizing tax and budget policies.

Tuesday action on education bills; today's agenda

Gun Bill Appears to Exempt Schools

The conference committee on HB 2052 reached a tentative agreement Tuesday night on language that would exempt school districts from new requirements for public building security, the position passed by the House of Representatives and supported by KASB.

The agreement would include provisions passed by both the House and Senate allowing school boards to permit employees licensed for concealed carry of handguns to bring such weapons into schools, even if the building is posted to prohibit concealed carry by the general public.  KASB believes schools already have similar authority, and was neutral on this provision.

Also Tuesday, the conference committee also agreed on language for HB 2033, concerning the regulation of knives.  This agreement includes a Senate provision specifically allowing school districts, juvenile detention centers and jails to regulate the carrying of knives.  The Senate agreed to drop another provision that would have removed a prohibition on “throwing stars.”  Senate concerns were based on a reported incident where a student was expelled for bringing an artifact with sharpened edges to school, which caused some Legislators to believe the school district had overreacted.  The conference committee directed that a letter of concern be sent to the State Board of Education to be communicated to local boards.

Final agreement on weapons legislation, which includes a number of other provisions, will have to be approved by both the House and Senate.

Education Conference Committees Begins

A conference committee made up leaders from the Senate Education Committee and House Education Committee met twice Tuesday, but spent relatively little time on the bills actually passed by both chambers, with relatively technical differences to be resolved in conference.  Instead, the committee spent more time discussing two bill passed by the House that did not receive action in the Senate.  (Under legislative rules, a conference committee can include provisions from other bills that have passed at least one house.)

House Education Committee Chair Kasha Kelley, R-Arkansas City, asked Senators to considering including HB 2222, which would require school districts to add staff and parents to school bullying policies; and HB 2280, which would establish an annual “Celebrate Freedom Week” in September for providing instruction in topics of U.S. government and history.

Although no hearings were held in the Senate Education Committee, KASB supported the original HB 2222, but is concerned that adding parents to bullying policies would be extremely difficult to enforce, because school districts have almost no authority over parents.  KASB was neutral on HB 2280, because the areas of instruction are already contained in state history and government standards and the bill allows local boards to determine a different time for instruction.

Discussion on these bills will continue today.  Also today, a second conference committee on education bills, this one composed of leaders from the Senate Education Committee and House Education Budget Committee, will meet to address a different set of bills:

SB 23 – Extends 20 mill statewide school levy. (KASB supports.)  However, the House committee added an amendment requiring a mandatory 10 percent local option budget to finance higher base state aid per pupil for school finance lawsuit defense, which KASB opposes.  New information from the Kansas State Department of Education indicates the bill as amended would actually reduce funding for schools by about $50 million, which was not the intended effect.

In addition, a House floor amendment broadens allowable uses for capital outlay revenues, but does not take effect until state capital outlay aid is restored.  KASB supports this provision

.

SB 171 – Requires reporting additional school budget information on district website.  KASB opposed in committee; amendments removed requirements for new reporting of student activities information.

HB 2140 – Substitute bill by Senate Education, containing an amended version of the Governor’s Read to Succeed program; now including first grade retention in some cases and literacy assistance programs.  KASB opposes requirements for mandatory retention if schools are demonstrating improvement; believes amendments have substantially improved the bill.  Here are additional details on the bill, which was not considered by the House.

• Beginning 2017, certain students may not be promoted from first to second grade if scoring at lowest level on state reading test or alternative test; exceptions for ELL, special education; one year only.
• Applies only to districts with a percentage of students scoring at the lowest reading level greater than the state average; allows student to take a second test; allows promotion based on proficiency demonstrated through teacher-developed portfolio; parents can require the student be promoted after conference, or upon recommendation of teacher, principal and superintendent if parent fails to respond.
• Schools must provide early screening, interventions.
• Grants to school districts or non-profits for reading assistance programs through Children’s Cabinet – “may” collaborate with school districts.
• Creates a task force to study interventions to improve reading.

Offer on Tax Policy Expected

House members of a conference committee say they will make an offer on a major tax bill today.  The Senate and Governor Brownback want to continue the state sales tax rate at its current level to finance the state budget and allow for future income tax rate cuts.  The House voted to allow the rate to drop by 0.6 percent as scheduled on June 30, creating a projected budget crunch by Fiscal Year 2015.  Reaching an agreement on tax policy is seen as a prerequisite to an agreement on a two-year budget deal.

Many legislators are concerned about an unexpected drop in state general fund revenues in March, and want to wait on a new official state revenue projection due in April before finalizing tax and budget policies.

Conference Committees Open on Weapons, Education Bills

The first day of the last week of the regular session opens with a conference committee on weapons in public building, including schools, and setting the stage for conference negotiations on a long list of education bills.

Guns in Schools

The conference committee Federal and State Affairs bills (Senators Ostmeyer, Emler and Faust-Goudeau; Representatives Siegfreid, Brunk and Ruiz began discussing HB 2052 – Concealed carry in public buildings – this afternoon, but did not address the major difference regarding school districts.  The Senate version of the bill requires most public building to allow concealed carry of handguns unless the building has specific security measures, and DOES apply to school districts; however, it allows a four-year exception for all building, including schools, if the governing body files a security plan.  The House version of this legislation, passed in HB 2055 exempts school districts entirely.  (The Senate has introduced a new substitute bill HB 2055, with a different subject, so don’t be confused by the numbers.)  KASB prefers version passed by House in HB 2055.  School leaders are encouraged to contact members of the conference committee, as well as your local Senators and Representatives, to voice your concerns about this measure.  The House version allows more local control for boards.

Both the House and Senate versions authorize local school boards to permit any employee, who is licensed to carry a concealed handgun, to carry a concealed handgun in any school building if the employee meets such institution's own policy requirements regardless of whether such building is conspicuously posted to prohibit concealed handguns.

The conference committee is also studying differences in HB 2033, concerning the regulation of knives.  As amended, the bill would prohibit municipalities from regulating the transportation, possession, carrying, sales, transfers, purchases, gifting, licensing, registration, or uses of a knife or knife-making components.  In addition, the bill would prohibit a municipality from passing any ordinance, resolution, or rule that would be more restrictive regarding knife manufacturing than the manufacture of any other commercial product.  KASB believed that the original bill would not impact the ability of school districts to regular knives, but the Senate amended the bill to specifically exclude from the definition of municipality school districts, jails, and juvenile correctional facilities.  The House did not consider that exemption.

Native American Students – Graduation Requirements

The Federal and State Affairs conference committee tentative agreed to House amendments to SB 111 that would add children “in the custody of a federally recognized Indian tribe in this state” to the list of individuals awarded a high school diploma upon the completion of State Board of Education requirements, even if they have not completed additional graduation requirements adopted by the local school board.  Currently, this provision applies to children the custody of the state.  KASB was neutral on this provision.

Education Conference Committees Begins Tuesday

The conference committee of House and Senate Education Committee leaders (Senators Abrams, Arpke and Hensley; Representatives Kelley, Cassidy and Trimmer) will meet tomorrow at 8 a.m. to consider the following bills:

SB 128 – Expands time to receive tech education incentive payments.  The House Education Committee amended to extend expiration date of postsecondary technical education authority from 2014 to 2017.

HB 2261 – Permanent ability to transfer unexpended balances; requires 65 percent of transfer spent on instruction; removes limit on contingency fund.  The Senate Education Committee amended the bill by requiring the school district superintendent’s report on unencumbered balances be sent to the State Board of Education.  KASB supports.

HB 2319 – Innovative school districts exempted from most state laws in exchange for higher outcomes standards.  The House version allows up to 10 districts to be authorized by the State Board as public innovative districts; the Senate Education committee amended to allow up to 10% of districts (28).  The bill allows districts would be exempt from most state laws governing districts, except finance, special education, health, and safety laws, but the districts must agree to demonstrate success in student completion for military service, postsecondary certification or other postsecondary programs.  KASB supports.

HB 2349 – Directors Legislative Post Audit to conduct three efficiency audits per year.  The Senate Education Committee added sunset and exception language proposed by KASB.  KASB supports.

The conference committee composed of the Senate Education and House Education BUDGET Committee leaders (Senators Abrams, Arpke and Hensley; Representatives Cassidy, Grosserode and Winn) has not announced a first meeting, but will conference on the following bills:

HB 2109 – Extends second military count date to 2017.  The Senate made technical amendments.

SB 23 – Extends 20 mill statewide school levy. (KASB supports.)  House Education Committee amendment adds mandatory 10 percent local option budget to finance higher base state aid per pupil for school finance lawsuit defense (KASB opposes).  House floor amendment broadens allowable uses for capital outlay revenues, but does not take effect until state capital outlay aid is restored (KASB supports).

SB 171 – Requires reporting additional school budget information on district website.  KASB opposed in committee; but committee amendments removed requirements for new reporting of student activities information.  KASB is now neutral.

HB 2140 – Substitute bill by S Education; amended Governor’s Read to Succeed program; first grade retention, literacy assistance programs.  KASB opposed the original requirements for mandatory retention for schools demonstrating improvement; believes amendments have substantially improved the bill.  Here are the key points:

·         Beginning 2017, certain students may not be promoted from first to second grade if scoring at lowest level on state reading test or alternative test; exceptions for ELL, special education; one year only.  (Currently, there are no plans for a state reading assessment in third grade.)

·         Applies only to districts with a percentage of students scoring at the lowest reading level greater than the state average; allows student to take a second test; allows promotion based on proficiency demonstrated through teacher-developed portfolio; parents can require the student be promoted after conference, or upon recommendation of teacher, principal and superintendent if parent fails to respond.

·         Schools must provide early screening, interventions.

·         Grants to school districts or non-profits for reading assistance programs through Children’s Cabinet.

·         Creates a task force to study interventions to improve reading.

Legislature Heads to Conference Committee Week

The House and Senate worked late into Tuesday night to finish floor debate on a long list of bills.  The House took emergency final action on its bills last night and adjourned until next Monday.  

The next major step in the process for most bills will be conference committee meetings between House and Senate committee leaders to resolve differences between the versions of the bills passed by the two chambers.  When and if agreements are reached, the conference committee report goes to the House and Senate for up or down votes without amendment.  Adjournment for the regular session is expected one week from Friday, on April 5.  The final wrap-up session will begin May 8.

Bills Passed by the Senate 

HB 2140 – Read to Succeed Program.  The Senate heavily amended the Governor’s reading proposal and passed on final action Wednesday.  KASB believes the amendments substantially improve the bill.  The full text of the amended version of the bill is not yet available, but here is our understanding of the key provisions:

Mandatory Retention in Low-Performing School Districts; Exceptions.  The bill continues to require certain school boards to adopt mandatory retention policies for certain students, effective beginning in school year 2016-2017.  However the bill was amended on a motion by Sen. Laura Kelly, D-Topeka, to deal with first grade students, rather than third grade students.  Because the state does not currently provide a state reading assessment in third grade, the “trigger” for possible mandatory retention would be an alternative standardized assessment.  At this point, the bill does not specific how this assessment would be determined.

This requirement continues to be applicable only to school districts that have a higher-than-statewide average percentage of pupils scoring at the lowest achievement standard on the most recent reading state assessment.  These districts must adopt policies to prohibit the promotion of a pupil from grade one to grade two if the pupil scores at the lowest achievement standard on the most recent reading state assessment or an alternative standardized reading assessment.  The policy must provide for a second alternative standardized reading assessment approved by the local school board prior to retaining the pupil.

The board policy may make exceptions to mandatory retention if the district provides additional instruction until the pupil has achieved appropriate grade-level reading skills.  The original exceptions were limited to (1) bilingual students with less than two years’ instruction in the district; (2) special education students whose individualized education plan (IEP) indicates participation in the assessment program is not appropriate; (3) a pupil previously retained for at least one year, and (4) a pupil whose parent requested a meeting to review the decision to retain the pupil and, after the review, the parent determines the pupil should be promoted to fourth grade.

The bill now includes two additional exceptions proposed by Sen. Vicki Schmidt, R-Topeka: (1) a pupil who has demonstrated through a teacher-developed portfolio that such pupil has achieved the appropriate reading skills for the pupil's grade level, and (2) a pupil who is recommended to be promoted by a teacher and such recommendation is approved by both the principal and the superintendent when a parents fails to request a meeting.

Kansas Reads to Succeed Grant Program.  The bill was also successfully amended by Sen. Pat Pettey, D-Kansas City, to include school districts, as well as a nonprofit organizations alone or working in collaboration with a school district, to apply for a grant to develop research-based interventions and strategies to assist with acquiring reading skills at the named grade levels and to prevent grade retention; provide training and education on the interventions and strategies to teachers in rural communities; and provide after-school, summer school, and parent education programs using these interventions and strategies.

Kansas Reads to Succeed Task Force.  The amended bill would establish the Kansas Reads to Succeed Task Force to study and recommend interventions and strategies to assist pupils in kindergarten and grades one through three with acquiring reading skills; conduct hearings, receive information and consider recommendations regarding interventions and strategies; and report its work to the Legislature by January 13, 2014.

Kansas Reads to Succeed Incentive Program.  The bill continues to require the Kansas Children’s Cabinet to make a monetary award of $10,000 each to those districts which have at least one elementary school identified as being among the top 100 public elementary schools, based on the demonstration of improvement in reading proficiency.

Because the Reads to Succeed program was placed in a House bill, it will likely be sent to a conference committee next week, although the House had not had any hearings or debate on the issue.  The House could also vote to simply concur in the Senate version of the bill.

HB 2052 – Weapons in Public Building.  The Senate gave final action approval to its version of legislation on concealed carry in public buildings, including schools.  It requires most public building to allow concealed carry of handguns unless the building has specific security measures, such as metal detectors, at all public entrances.  However, also allows a four-year exception for all building, including schools, if the governing body files a security plan with state and local law enforcement.

The Senate rejected an amendment that would have exempted school districts from the public buildings requirement.  That exception is contained the version passed by House in HB 2055.  KASB prefers the House version.  The difference will likely be resolved in a conference committee.

Both House bill and the Senate bill authorize any local school to permit any employee, who is licensed to carry a concealed handgun, to carry a concealed handgun in any school building if the employee meets such institution's own policy requirements regardless of whether such building is conspicuously posted to prohibit concealed handguns.

Other Bills Passed by the Senate.  The Senate passed three bills on final action Tuesday: HB 2156, which repeals an obsolete school finance statute (KASB is neutral), HB 2261, which makes permanent the ability of school districts to transfer certain funds from restricted funds to general educational uses (KASB supports), and HB 2221, which requires “equal access” for different teacher organizations (KASB is neutral).

Bills Passed by the House

HB 2391 – Ancillary Weighting.  The House approved a bill to lengthen the phase-out of funding certain rapidly growing districts are entitled to receive from ancillary weighting, which is financed from a special local property tax.  The current phase-out period is three years.  The original bill provided for a nine-year phase-out; an amendment by Rep. Steve Hubert, R-Valley Center, reduced the length to six years.  KASB was neutral.  This bill has not yet passed the Senate, which has not had hearings on this issue, but it could be added to another bill in a conference committee report.

SB 23 – Statewide levy; Mandatory LOB; Capital Outlay.  The House also approved this bill, which now contains three parts.  The first part, which passed the Senate, extends the statewide 20 mill levy for the maximum two years (KASB supports).  The second part, added in the House Education Budget Committee, amends the state school finance law to require that districts adopt a minimum 10 percent local option budget, which is calculated to finance a higher base budget per pupil.  The mandatory LOB provision does not change any funding levels for districts, but is designed to help the state defend itself in the school finance court case by attempting to count the first 10 percent of the LOB as state funding for a higher base budget per pupil.  KASB opposes this provision, and testified that counting 10 percent of LOB as state funding when LOB aid is not fully equalized probably weakened the court case.  It also makes the school finance system even more complex.

The House approved a third provision by adopting an amendment by Rep. Marvin Kleeb, R-Leawood, to broaden the allowable uses of school district capital outlay funds.  However, the new authority would not take effect until the state is funding the capital outlay state aid equalization program that was suspended in 2010.  It is estimated that restoring the capital outlay aid program would require over $25 million.  KASB supports with this provision with the state aid “trigger” included.  The Senate Education Committee considered, but did not pass, a bill to broaden the capital outlay definition without the state aid trigger.  KASB opposed that measure.

SB 171 – School Budget Reporting.  The House approved on emergency final action a bill requiring districts to report additional school budget information on district website.  KASB opposed the original bill, but Senate committee amendments removed requirements for new reporting of student activities information.  KASB is now neutral.

HB 2197 – School Activities Association.  Finally, the House approved this bill making changes to the Kansas State High School Activities Association Governing Boards.  It would establish a board of directors for each league that is a part of the association.  Each school in the league would have two directors appointed by the local board; one district employee, one non-employee.  It also adds four members of the executive board of the KSHSAA appointed by the Governor, one from each of the state’s Congressional districts.  KASB is neutral.  This change is in a House and the Senate has not held hearings or voted on this issue.

What Did NOT Pass Tuesday

HB 2141 – Local Advocacy Reporting.  The Senate adjourned before debating a bill requiring public entities, including school boards, to report money spent to employ or contract for the services of a lobbyist, for an association that employs a lobbyist; or an association that has an affiliated organization that employees a lobbyist.  KASB supports an alternative to legislation prohibiting lobbying by public entities, but is concerned about the reporting requirements.  The current language of the bill makes local units of government (not the lobbyists) responsible for filing reports when they may not know if associations or affiliates engage in lobbying.

SB 22 – Corporate tax credits for private school scholarships.  After failing to be advanced to final action Monday, this bill was not brought up for debate Tuesday and was sent back to the House Education Committee.

In addition, after a day for rumors regarding possible attempts to amend the prohibition on Common Core academic standards, contained in HB 2289, into a bill on the floor, no effort was made.

The House also did not bring up SB 64, concerning changes in school board and other local elections, for floor debate, although it remains on House general orders.

Bills in Conference

At this point, the only measure bills concerning school districts actually in conference committee are the House and Senate budget plans and the competing revenue bills.  Although both budgets contain the Governor’s recommendations for school funding, the House tax bill is projected to result in a very low state general fund ending balance in Fiscal Year 2015.  The Senate tax plan results in a healthier ending balance in FY 2015 because it continues the state sales tax at the current rate.  However, it also includes deeper cuts in state income tax rates in the future.

Bills Ready for House, Senate Debate Next Week

The last scheduled day for most committees to act on bills was today (Friday).  The House and Senate will spend Monday through Wednesday debating bills on the floor.  There are now only two weeks left in the regular session.  This Capital Update reports on bills scheduled or available for debate this week, so you can contact your Legislators before they vote.  A report on other action this week will be sent later this weekend.

Two bills are scheduled for debate Monday, March 24, on House General Orders.

SB 22 – Corporate Tax Credits for Scholarships to Private Schools.  This is a substitute bill introduced and recommended by the House Education Committee this week, based on HB 2400.  It creates a state income tax credit for contributions made to organizations that provide scholarship for certain low income or special education students to attend private schools.  The committee attached a two year sunset to bill, which means the program will expire on June 30, 2015, unless Legislature votes again to reauthorize this program.  Here is a brief description of the bill.

• Scholarships are available to low income (185% of poverty) and special education students.
• To first qualify, students must reside in Kansas and have been enrolled in public school in the prior year unless under age six.  Students currently attending private schools are not eligible.
• Corporations (not individuals) receive a tax credit equal to 70% of contributions.  If the tax credit exceeds their tax liability, the unused portion of the credit could carry over.
• The state total of tax credits authorized could not exceed $10 million per year.
• Contributions go to “scholarship granting organizations” which must be 501(c)(3) charitable organizations.  They must distribute at least 90% of contributions (Up to 10% could be used for administrative expenses of the organization.)
• The maximum scholarship that would be awarded is $8,000, which means the state would subsidize 1,250 students at the maximum award if all $10 million is awarded in a year.
• The SGO could not make scholarships funded by a student’s relative, or accept contribution directed to specific student. (No other apparent limits.)
• Qualified school: any nonpublic school providing education to elementary and secondary students. (No accreditation, testing or other accountability requirements.)
• The committee added a declining enrollment provision to cushion the budget reduction for school districts losing students under the program.

KASB is strongly opposed to this bill, and urges school leaders to contact their House members immediately about this proposal, which is scheduled for action Monday.  Here are some concerns:

• The bill would indirectly fund private schools by diverting state tax dollars through a tax credit.  The effect is no different from directly writing a check to the private school.  Taxpayers should not fund schools that do not have to serve all children or follow public accountability.
• There are no standards for eligible schools, such as accreditation by the state or independent accrediting organizations; students are not required to be tested so there is no measure of results; schools are not required to report outcomes such as graduation rates or college preparation.
• Home schools would apparently be eligible, meaning schools could receive scholarship support even if they do not charge tuition or have expenses similar to public or other private schools.
• SGO’s are apparently free to set other additional restrictions on students receiving scholarships, so funds could be limited to gifted students, athletes, specific ethnic or religious groups.

HB 2391 – Ancillary weighting.  Extends the weighting phase out from three to nine years.  Ancillary weighting is a special weighting for rapidly growing districts that must approved by the state court of tax appeals, and is financed entirely by local property tax.  KASB is neutral.

There are seven additional bills concerns school districts that are available for debate this week, but are not scheduled for general orders on Monday.

SB 64 – School Board Elections.  Recommended Friday as a House substitute bill based on HB 2227.  It moves local municipal elections, including those for school board members, from April to November of odd-numbered years.  Elections would remain non-partisan.  Possible amendments could move the local election date to even-numbered years and require partisan ballots.  KASB opposes all of these changes, and urges school leaders contact their Representatives about this issue.  Key points:

• KASB adopted a resolution in December that reaffirms a long-standing position supporting the current system of electing board members in April of odd-numbered years.
• Currently, board members take office with the new budget and school year.  This bill would have board members take office the second Monday in January, in the middle of school year and budget year; and when superintendent evaluations and teacher negotiations are beginning.
• School governance should not be a partisan issue.
• Partisan ballots would prohibit many federal employees, including military personnel, from running in local elections.
• Moving the election to November of even-numbered years with other elections would over-crowd the general election ballot and reduce attention to school board candidates and issues.
• Moving the election to even-numbered Novembers could also eliminate the option of board representation by election districts.

SB 23 – Statewide Mill Levy and Mandatory LOB.  As passed the Senate, renews the 20 mill statewide school district levy for the maximum two years.  KASB strongly supports: if the statewide levy is not renewed, $575 million will be cut from district general fund budgets.  However, the House Education Budget Committee amended to include a mandatory 10 percent local option budget as provided in HB 2003, also on H General Orders, which KASB opposes.  The mandatory LOB does not change any funding levels; but is designed to help in school finance court case by inflating the base budget per pupil.  KASB believes attempting to count 10 percent of LOB as state funding when LOB aid is not fully equalized probably weakened the court case.  It also makes the school finance system even more complex.

HB 2285 – Definition of machinery and equipment for taxation.  Changes to definition of taxable property to reduce taxes on certain “fixed” equipment.  The bill would reclassify this property as machinery and equipment, rather than real property, and be taxed at a lower rate.  New machinery and equipment is exempt from property tax.  KASB opposes for the following reasons:

• It reduced total valuation for ad valorum taxation; resulting in less revenue or higher mill levies on other property, with a disproportionate impact on certain areas of the state.
• Estimated to result $8 million reduction in revenue from the 20 mill levy, or $17 base state aid if not made up by the state.
• Because the change will cause some districts to have much lower wealth per pupil, it will re-allocate local option budget state aid among districts.  Many districts may have to reduce their local option budgets or raise the LOB mill levy to offset the loss.
• It will also reduce revenues to district capital outlay funds in certain districts, with no compensating state aid.

SB 171 – Budget reporting.  Requires reporting additional budget information on the district website.  KASB opposed the original bill, but the Senate Education Committee removed requirements for new reporting of student activities information.  KASB is neutral on the bill.

SB 104 – Children's Internet Protection Act.  Requires schools and libraries to adopt a process or use technology to block access to inappropriate material.  KASB believe this already essentially required by the federal e-rate program, and does not object to the bill.

HB 2003 – Mandatory 10 percent local option budget.  KASB opposes (see above, SB 23).

HB 2197 – High School Activities Association Governing Boards.  Recommended Friday by the Federal and State Affairs with amendments not yet available.  KASB was neutral on the original bill.  We will report on the amended version when available.

Three bills are scheduled for debate Monday, March 24, on Senate General Orders.

HB 2158 – School Finance.  Would repeal an obsolete statute regarding the area vocational school fund in the unified school district budget document.  KASB is neutral on this non-controversial bill, but it could be used for various school finance amendments.  School leaders are encouraged to review your school finance formula concerns with Senators and urge them contact you if new amendments are offered.

HB 2261 – Use of Cash Reserves and Contingency Fund.  Makes permanent a district’s authority to transfer certain unexpended balances in restricted funds, and removes the current 10 percent limit on the contingency fund.  KASB supports.

HB 2221 – Equal access for teacher organizations.  Requires districts to provide access to teacher mailboxes and programs for professional organizations other than the exclusive bargain unit, such as Kansas National Education Association.  KASB is neutral.

Here are the other bills available for Senate debate but not scheduled for Monday, March 24:

HB 2140 – Read to Succeed.  Substitute bill recommended by the Senate Education Committee after the Governor’s original proposal failed.  KASB opposes in part; believing a new state requirement should not be imposed unless schools are not demonstrating improvement.  Here are the key provisions as we understand them, although the final language of the bill is not available:

• Applies only to districts with a percentage of students scoring at the lowest reading level that is greater than the state average.
• Beginning 2017, certain students may not be promoted from third to fourth grade if scoring at lowest level on state reading test or alternative test.
• Exceptions are provided for ELL and special education students; and a child may be retained for one year only.
• A student is allowed to take a second test.  If that test is failed, the student may still promoted at the request of the parents following a conference.
• Schools must provide early screening, interventions.
• Grants for reading assistance programs will be made through Children’s Cabinet to non-profits organizations that “may” collaborate with school districts.
• Creates a task force composed of teachers and reading specialists to study and make recommendations on interventions and strategies to improve reading in grades K-3; and report to the Kansas Legislature by January 13, 2014.

KASB believes that if the reading retention is part of the bill, it should only apply to districts which fail to demonstrate improvement on state reading tests, rather than those districts above the state average.  School leaders are encouraged to contact your Senators about the impact of this bill on your district.

HB 2141 – School Board Advocacy.  Require public entities, including school boards, to report to the state money spent to employ or contract for the services of a lobbyist, for an association that employs a lobbyist; or for an association that has an affiliated organization that lobbies.  The bill was recommended this week by the Senate Ethics, Elections and Local Government Committee as an alternative to legislation prohibiting lobbying by public entities.  KASB supports efforts to develop an alternative that allows public bodies to continue to communicate legislative positions and concerns, but is concerned about some aspects of this bill.  It places the reporting requirement on local units of government that may not know if organizations or their affiliates engage in lobbying.  Under current ethics laws, it is the responsibility of the lobbyists to make reports.

HB 2052 – Concealed carry in public buildings.  This substitute bill was recommended by the Senate Federal and State Affairs Committee on Friday.  Although the new language is not yet available, it appears to be based on SB 186:

• Requires most public building to allow concealed carry of handguns unless the building has specific security measures; DOES apply to school districts.  It allows a four-year exception for all building, including schools, if the governing body files a security plan with state and local officials.
• Authorizes any local school to permit any employee, who is licensed to carry a concealed handgun, to carry a concealed gun in any school building if the employee meets such institution's own policy requirements regardless of whether the building is posted to prohibit concealed handguns.

KASB testified against SB 186 because we prefer the version of this bill passed by House in HB 2055.  The House version exempted schools entirely from the public building security requirements.  KASB believes the provisions concerning school district employees, which are in both the Senate and House version of these bills, does not substantially change current law.  Superintendents now have authority to allow anyone to have a weapon in a school, and may do at the direction of school board policy.