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.

Charter Schools, Tax Credits, Budget and Taxes, Board Advocacy and Elections, Much More

            The Senate Education Committee plans to vote today on significantly broadening authority for operating charter schools in Kansas, and the House Education Committee may vote on a major tax break to fund scholarships for private schools.  The House will take final action on a budget for the next two years, and then debate a tax plan to fund that budget.  The Senate will debate its budget plan, having already passed a tax bill.

             Also today, committees may look at restrictions on lobbying by school districts and other public bodies and changes in local elections.  A hearing is scheduled on repealing the in-state tuition benefits for certain undocumented students.  Several hearings have been scheduled for tomorrow, on common core standards, ancillary weighting changes and new financial reporting requirements.

Charter Schools in Senate Education

                The Senate Education Committee is expected to vote today (Wednesday) on SB 196, which essentially requires the State Board of Education to grant authority to itself, the State Board of Regents, the governing board of any public or private postsecondary institution, the governing body of any city or county, or local boards of education to “authorize” public charter schools.  Such schools would be exempt from most – but not all – state school laws and regulations, and would have their own independent governing boards.  These schools would receive funding equal to the average amount of general state aid per pupil and local option budget state aid per pupil, which would be about $5,700 for each pupil enrolled in these schools.

                Committee Chair Steve Abrams, R-Arkansas City, offered several amendments to the bill today, and will propose the bill be amended into a House bill in committee, HB 2140.  This action would allow the House bill, if approved by the Senate, to go directly to the House or to a conference committee.  This would by-pass the House Education Committee, which refused to recommend a similar bill, HB 2320.  If the bill is recommended by the Senate Committee its chances of passage are very good.

                The committee will resume discussion on the bill tomorrow at 1:30 p.m.  School leaders are urged to contact the Senate Committee members with concerns, and be prepared to contact all Senators and Representatives if the bill passes out of committee.  Committee members are: Steve Abrams, R-Arkansas City, Chair; Tom Arpke, R-Salina, Vice Chair; Dan Kerschen, R-Garden Plain; Jeff Melcher, R-Leawood; Ralph Ostmeyer, R-Grinnell; Dennis Pyle, R-Hiawatha; Vicki Schmidt, R-Topeka; Caryn Tyson, R-Parker; Kay Wolf, R-Prairie Village; Anthony Hensley, D-Topeka; and Pat Pettey, D-Kansas City.

                KASB’s concerns about the bill focus on these areas:

·         The bill allows entities other than local school boards to operate public charter schools.  Article 6 of the Kansas Constitution states that public schools are to be “maintained, developed and operated by locally elected boards.”  We believe this means the bill is unconstitutional.

·         The bill would potentially allow existing non-public schools to become charter schools and receive state funding.  It is estimated that public schools currently enroll approximately 90% of school-aged children in the state.  If new charter school enrollment was one percent of current public school enrollment, this would equal approximately 4,500 students, times $5,700, which would cost the state an additional $25.6 million.

·         This cost would either require additional state spending or reducing current funding for school district aid to cover the cost of the new program.

·         Charter schools could also enroll students currently attending school districts, which would require additional state funding.  Although these districts would eventually lose funding for students leaving the district, under to the declining enrollment provision in current law, students transferring from public schools to charter schools would also cost the state more money.

·         The bill also provides a tax deduction for contributions to charter schools.  However, as of today there is not an official “fiscal note” on the estimated impact of the bill.

Hearings Thursday: Common Core, Ancillary Weighting and Budget Reports

                The House Education Committee continued it debate on the issue of common core academic standards Tuesday evening.  A hearing has been set for bill prohibiting the implementation of these standards, HB 2289, on Thursday in the committee.

                The House Education Budget Committee will hold a hearing Thursday afternoon on HB 2391, which extends the phase-out of funding for ancillary school facilities weighting, which is funded by local mill levies in a small number of high-growth districts.  A hearing is also scheduled on SB 171, which amends the Kansas uniform financial accounting and reporting act to require districts post certain additional expenditures information on their district website.  KASB is neutral on both of these measures.

Education Scholarship Tax Credit Bill in House Education

                The House Education Committee is expected to vote today on HB 2400, which would allow businesses to receive Kansas income tax credits for contributions to organizations granting scholarships of up to $8,000 for students to attend private schools.  The bill is somewhat unclear whether such students must be either low income or special education, or both.  The maximum credits available are limited to $10 million.  Unlike the charter school bill, these scholarships may only go to students who have been attending public schools, or are beginning school for the first time.  As a result, the lost revenue to the state would be somewhat offset by the eventual reduction in public school enrollment and therefore funding.

                For example, the fiscal note states “if the program has a 50%utilization rate for the tax credit, approximately $5.0 million would be generated for scholarships, with 625 students receiving scholarships ($5.0 million / $8,000 maximum scholarship = 625 students).  If all 625 students were previously attending public schools and would be attending non-public schools with the scholarship program, local school districts would experience a reduction of FTE students to be counted in the school finance formula.  However, this reduction would not occur for approximately three years after the program begins, or the 2015-2016 school year, as school districts are allowed to utilize the higher of the actual FTE student count, or a three-year average, whichever is greater.

                “Using the current base state aid per pupil (BSAPP) funding of $3,838 for the 2012-2013 school year, this would amount to a reduction of state aid totaling at least $2,398,750 ($3,838 BSAPP X 625 students = $2,398,750).  The actual reduction of state funding would likely be higher, as each student who would receive a scholarship under this program would likely qualify for additional weightings under the current school finance formula.”

                As a result, the long-term impact of this program would likely be a modest reduction in student enrollment, and in funding for the districts affected.

                The contents of HB 2400, if approved by a majority of the committee, could be placed in a Senate bill.  Therefore, school leaders are also encouraged to share concerns about this bill with their Senators and Representatives.

House Advances Budget; Tax Debate Today

                The House today advanced to final action HB 2231, its budget bill for the next two years and adjustments for the current year.  School district funding was not amended, which keeps major state aid programs at the levels proposed by Governor Brownback, essentially providing level funding for the current school year through the 2014-15 school year.  Tomorrow, the House debates its budget bill, substitute for SB 84.  Without passage of a revenue bill, the House budget would face a deficit in FY 2015 and require further spending cuts.

                The key difference between the House tax bill and the plan already passed by the Senate in HB 2059 is that the House plan allows 0.6 percent of the state sales tax rate to expire this June 30 as scheduled under current law, but keep 0.4% of the sales tax in the state general fund for two additional years.  The Senate plan keeps the 0.6% in place permanently, but allows the 0.4% to go to the highway fund beginning in on June 30.

                The House is also scheduled to debate HB 2047, which requires local governments units, including school districts, to take a special vote before spending additional property tax revenue received due to higher valuations.  KASB opposes that measure, but would encourage support for amendment that will be proposed on behalf of the Kansas Association of Counties and League of Municipalities.

                The Senate debates its budget bill, substitute HB 2143, this afternoon (Wednesday).

Lobbying, Elections and Guns

                The Senate Ethics, Elections and Local Government Committee met Tuesday but had no discussion on either restrictions on public entities employing lobbyists or changes in local election procedures.  The committee is scheduled to meet at 9:30 today and could take up either of these issues, which were reported in detail yesterday.  The House Elections Committee meets today at 1:30, and may also take up local election changes.

                The Senate Federal and State Affairs Committee is scheduled to meet at 10:30 for hearings an possible action on bills previously heard, which includes bills concerns weapons in schools and other public building.  A staff briefing on gun legislation is scheduled for Thursday, so action is more likely at that time.  As KASB has previously noted, HB 2055, which was referred to this committee, exempts school districts from new requirements that most public buildings either allowed concealed carry of weapons by licensed individuals or provide specific security measures at all public entrances.  SB 186, which had a hearing in the committee last week, does not exempt school districts, but provide all public building with the option of a four-year exemption of the governing board adopts and files a security plan.  Both bills allow, but do not require, school boards to permit employees who are licensed for concealed carry to bring weapons into schools even if the public is not allowed to carry weapons.

                Between the two bills, KASB supports the House version, which leaves security issues up to the local school board (although the Senate bill allows a four-year exemption for schools).  KASB is neutral on the issue of allowing school employees to carry weapons, which KASB legal staff believe is already allowed under current law.

In-State Tuition for Undocumented Students

                The House Federal and State Affairs Committee holds a hearing today (Wednesday) on HB 2192, which would repeal the in-state tuition benefit for certain undocumented students attending Kansas colleges.  KASB will testify against the bill.  KASB’s position is that the in-state benefit provides an incentive for undocumented students to stay in school and prepare for postsecondary education.  School districts are accountable for graduation and performance levels of these students.

Paycheck Deduction Bill to Governor

                The House voted 68-54 to concur in Senate amendments to HB 2022, which includes the ban on teacher organizations using payroll deductions for political action committees that originally passed the House in HB 2023.  The amended bill also includes provisions allowing employers to withhold a portion of employee salaries in certain circumstances.  The bill now goes to the Governor.

Tuesday Report: Budgets, Public Lobbying, School Choice, Other Action Monday

                The Kansas House will debate the state budget today, with the Senate following Wednesday.  The Senate has already passed a tax bill that continues the state sales tax at its current rate permanently, as proposed by the Governor.  The House has not yet voted on an alternative plan passed by the House Taxation Committee that lets part of the sales tax expire as scheduled in June, but delays a shift in tax revenue to the state highway fund.  Without additional revenue, reductions in state funding for K-12 education become much more likely.

                Yesterday, the Senate Ethics, Elections and Local Government Committee proposed new language that would restrict lobbying by public entities, including school districts.  House and Senate Elections Committees may also take up changes in local government elections this week.  The House and Senate Education Committees will continue to debate separate bills to provide state funding to private, religious or charter schools independent of local school boards.

                The pace of committee work is intensifying as the 2013 Legislature approaches a Friday deadline for most bills to be out of committee.  The House and Senate will spend next Monday through Wednesday debating bills on the floor and preparing for conference committee meetings to resolve differences. 

Public Funds for Lobbying

                School boards and other local units of government could face restrictions on how to communicate with legislators under a new bill proposed Monday in the Senate Ethics, Elections and Local Government Committee.  The committee voted to add an amended version of the SB 109 (prohibiting the use of public funds for lobbying) into HB 2141, but did not take final action on the bill, which means the new language is still subject to change.

                The new language attempts to make a distinction between “lobbying” and employing or contracting for the services of a “lobbyist.”  The new language prohibits any “public entity” from employing or contracting for the services of a lobbyist; paying membership dues or providing other financial support to an association that employs a lobbyist or to an association that has an affiliated organization that employs a lobbyist.  Public entity is defined as a “municipality” which is in turn defined to mean any “county, township, city, school district or other political or taxing subdivision of the state, or any agency, authority, institution or other instrumentality thereof.”

                However, the bill also says that “Nothing in this section shall prevent officers or employees of the state or a municipality or an association representing certain municipalities from directly communicating with the legislature in their official or unofficial capacity.”  This appears to mean that public entities and their associations may “communicate” with Legislators, but may not hire someone who is “required to register as a lobbyist.”  A lobbyists is defined under the state ethics law as “(1) Any person employed in considerable degree for lobbying; (2) any person formally appointed as the primary representative of an organization or other person to lobby in person on state-owned or leased property; or (3) any person who makes expenditures in an aggregate amount of $100 or more, exclusive of personal travel and subsistence expenses, in any calendar year for lobbying.”

                However, there are various exceptions, including “Any state officer or employee engaged in carrying out the duties of their office.”  Lobbying is defined under the ethics law as “(1) Promoting or opposing in any manner action or nonaction by the legislature on any legislative matter or the adoption or nonadoption of any rule and regulation by any state agency; or (2) entertaining any state officer or employee or giving any gift, honorarium or payment to a state officer or employee in an aggregate value of $40 or more within any calendar year, if at any time during such year the person supplying the entertainment, gifts, honoraria or payments has a financial interest in any contract with, or action, proceeding or other matter before the state agency in which such state officer or employee serves, or if such person is the representative of a person having such a financial interest.”

                The new version of the bill removes any criminal sanctions for violations of the proposed law; however, individuals could be liable for violating existing state ethics laws.

                The new proposal does not make clear exactly what actions would be permitted for local units of government in communicating with Legislators.  Limiting the role of lobbyists could place additional duties on school district employees or unpaid local board members to testify and work with Legislators.

                School leaders are strongly urged to communicate concerns about this issue to members of the committee, as well as your local Senators and Representatives.  (Committee members are Senators Dennis Pyle, R-Hiawatha, Chair; Mitch Holmes, R-St. John, Vice Chair, Steve Fitzgerald, R-Leavenworth; Garrett Love, R-Montezuma; Greg Smith, R-Overland Park; Kay Wolf, R-Prairie Village; Oletha Faust-Goudeau, D-Wichita; and David Haley, D-Kansas City.)  If a bill comes out of committee, it will go first to the Senate.  Because the new language has been added to a House bill, if passed it could either go directly to the House for a vote to simply concur in Senate amendments, or be sent to a conference committee.

School Board Elections

                In addition to the public lobbying issues, the Senate Ethics and Elections Committee also may take up proposals this week to change how local municipal elections, which include school boards, are conducted.  Both the Senate committee and House Elections Committee are considering some combination of the following:

·         Moving local elections from April of odd-numbered years to November of even-numbered years (when federal, state and county elections are held);

·         Moving local elections from April of odd-numbered years to November of odd-numbered years (so a general election would each November);

·         Making local election partisan (which would bar federal employees and military personnel from running for local office); and

·         Requiring all local candidates to run for at-large positions within the city or school district, rather allowing local election districts (a change the Secretary of State says would be required if local elections are held with other general election races).

·         Requiring school board members elected in November to take office the second Monday in January following the election, rather than July 1.

                KASB supports the current election system.  If a bill changing the election process is approved by either committee, it will likely be consider by the House and/or Senate early next week, so it is critical school leaders share their concerns about local election issues as soon as possible.

Charter Schools; Private School Tax Credits

                The Senate Education Committee Monday began consideration of SB 196, which would allow the State Board of Education, the State Board of Regents, public or private postsecondary institutions, cities and counties, as well as local school boards, to “authorize” public charter school “operators” to operate schools that would be exempt from most state school laws.  Students enrolled in those schools would generate state funding equal to the base state aid per pupil plus the average per pupil amount of local option budget state aid of the district where the student resides.

                KASB opposes this bill, and stated in testimony it violates the intent of the Kansas constitution, which requires that public schools be “maintained, developed and operated by locally elected boards.”  A similar bill, HB 2320, was defeated by a 9-10 vote in the House Education Committee.  It is possible efforts will be made to add this language as an amendment to a bill on the House floor, or place the Senate bill into a House bill and ask the House to simply concern in the Senate version.

                As a result, school leaders are encouraged to contact both House and Senate members about this bill.  KASB has two overriding concerns:

·         The bill usurps the role of local school boards by authorizing entities that may have no connection or accountability to the community to set up schools that the locally elected board believes would be detrimental to the community as a whole.

·         Existing private schools that do not currently receive state funding could convert to charter schools, which would either require additional funding or reduce funding available for all school districts; or new charter schools could enroll students currently in public school districts, reducing their enrollment and therefore funding.

In addition to this bill, the House Education Committee held a hearing today on HB 2400, which would establish a tax credit for organizations making contributions for scholarships to low income or special education students attending private schools.  KASB opposes the reduction in revenue this bill would authorize at a time when the school finance system is significantly underfunded compared to state law, legislative studies and court orders.

                The House Education Committee is scheduled to begin meeting at Tuesday at 7 a.m. in addition to the regular 1:30 p.m. meeting to consider this bill, and will hold a session at 5 p.m. Wednesday evening to continue committee discussion of common core academic standards.

Budget Push Back

                As noted last week, the House Appropriations Committee and Senate Ways and Means Committee both approve budget bills that avoid reducing K-12 state aid to school districts.  The Senate has already passed a tax bill, HB 2059, to finance that budget and has scheduled debate on its budget bill (HB 2143)for Wednesday.  The House is scheduled to debate its budget its budget bill (HB 2231) today (Tuesday).

                Because both the House and Senate tax bills raise less revenue than proposed by Governor Brownback to finance his budget recommendations, both budget committees reduced spending in areas outside of K-12 education; including across-the-board cuts to higher education (the state universities , Washburn University and the state’s community and technical colleges).  On Monday, higher education leaders voiced major concerns about these reductions in the House Education Budget Committee.  However, under the “pay-go” rules, adding funding to one part of the budget requires reducing spending in another area.  The largest other area of the budget that has not been reduced is K-12 education.

                The House tax bill, SB 84, would delay for two years transferring 0.4 percent of the state sales tax from the state general fund to the state highway fund.  This plan was offered to allow 0.6 percent of the sales tax to expire as scheduled on June 30 of this year.  The Governor recommended and the Senate tax bill includes keeping the 0.6 percent in place permanently to “stabilize” the budget after major income tax cuts were approved last year.  Today, the Secretary of Transportation warned that the delay in state sales tax transfer to the highway fund will delay major transportation projects.

                It should be noted that the Governor’s budget for K-12 education transfers over $100 million per year from the state highway fund to help pay for school district transportation weighting and special education transportation aid.  The House and Senate budget bills approved that transfer.  The delay in sales tax transfer would further reduce funds available for transportation projects.

                If the House fails to approve either an extension of the sales tax or a delay in the shift to the highway fund, a further round of budget cuts may be required, which could include school district aid.  School leaders should be prepared to communicate with Legislature on both sides the impact budget reductions since 2009 have had on district programs as well as the potential impact of further reductions.

Other Legislative Action Today

                The House sent to final action SB 128, which extends the state postsecondary technical education authority until 2017 and provides additional time for students to complete approved technical certification programs that trigger $1,000 incentive payments to school districts.

                The House Federal and State Affairs Committee held a hearing on HB 2373, which requires that children in the custody of Native American tribes must be awarded high school diplomas upon completion of minimum State Board of Education requirements even if they do not complete additional requirements of a local Board of Education.  This legislation amends an existing state law providing a similar requirement for students in foster care.  The committee then amended that provision into SB 111, which establishes a Native American Day at the statehouse, and recommended the bill favorably for passage.

                The Federal and State Affairs committee also completed a hearing on HB 2197, which would make changes in the governance structure of the Kansas State High School Activities Association.

                The Senate Education Committee recommended HB 2109, which extends the second count date for military students until 2017.

                The Senate Education Committee recommended HB 2221, which requires that local boards provide equal access to employees’ physical and electronic mailboxes and staff meetings for professional organizations other than the exclusive bargaining agent for teachers.

                The Senate Education Committee recommended HB 2349, which provides for three annual school district efficiency audits conducted by the Legislative Division of Post Audit.  The committee adopted two amendments.  The first would place a four year “sunset” on the bill, as requested by the Post Audit Division.  The second, proposed by KASB, clarified that a school district would not be required to have an LPA audit if it had undergone a similar audit in the past five years.  (The bill also specifies that districts are to be selected first on the basis of volunteers.)  KASB supports the bill.

                The House Pensions Committee received a briefing on a new “plan design” that would shift new public employees to a pure “defined contribution” retirement plan, rather than the “cash balance” plan approved last session.  The committee also held a hearing on HB 2403, a new proposal for issuing state bonds to finance some of the unfunded liability in the system.

Today's Schedule

The Legislature enters the final scheduled week of committee hearing and deliberations today. Here is a summary of today's schedule.

House Pensions. The committee begins studying a new proposal to shift the Kansas Public Employees Retirement to a pure "defined contribution" retirement plan for future employees. Representatives of the Brownback administration will also speak to the Senate Ways and Means Committee.

House Federal and State Affairs. This committee is continuing a hearing on HB 2197, which would restructure the governing board of the Kansas State High School Activities Association. Several opponents of the bill were unable to testify last Thursday.

House Education. Hearings begin on HB 2400, which would establish a new state tax credit for contributions made to organizations funding scholarships for certain students attending private schools. The committee is scheduled to take action tomorrow. KASB opposes the bill.

Senate Education. The committee has a long list of bills that received hearings over the past several weeks and may be considered. These bills include: HB 2109 (second military count date), HB 2221 (equal access for teacher organizations), SB 196 (expanding authority to establish public charter schools; KASB opposes), HB 2261 (school district cash reserves; KASB supports), HB 2349 (school district efficiency audits; KASB supports), and several bills repealing out-dated statutes.

Senate Ethics, Elections and Local Government Committee. The committee could take up bills to change local municipal elections, including school board races, today or later this week. The House Elections Committee also has several bills concerning local elections available for action. KASB opposes changing the current system of local elections.

Senate Tax Plan Advances; Guns, Elections and Charter School Debates Continue

Senate Advances Revenue Plan; Budget Next

The Kansas Senate last night gave tentative approval to a modified version of the Governor's revenue bill, a key step in avoiding cuts in K-12 education funding.  Final action on HB 2059 is scheduled for today.

The bill is projected to raise $316.2 million more than the current law in Fiscal Year 2014 and $276.5 million in FY 2015.  The largest revenue measure in the bill is maintaining the state sales tax rate at the current 6.3%, rather than allowing it to drop 5.7% on June 30, as scheduled under current law.  The Senate Committee of the Whole modified another component, allowing a gradual phase-down of state income tax deductions as the state income tax is reduced.  This measure raises $103.8 million in FY 2014 and $119.7 million in FY 2015.  The Governor had proposed immediate elimination of the home mortgage interest and property tax deductions.

The committee turned back several amendments to allow the sales tax to drop on June 30.  Those efforts were mostly supported by Democrats and moderate Republicans who had originally supported the sales tax when it was adopted as a three-year emergency measure.  Supporting the sales tax extension were many conservatives who had opposed the sales tax increase when it adopted three years ago.

The Senate version also contains the Governor's proposal for continuing reductions in state income tax rates. Those cuts could produce another budget shortfall if state revenues growth slower than historical averages.

Also Tuesday, the House Taxation Committee Tuesday approved an alternative to the Governor’s revenue plan that was inserted as a substitute bill into SB 84.  (Placing the plan in a Senate bill is designed to expedite negotiations with Senate.)  Unlike the Senate version, the House bill allows the state sales tax rate to drop from 6.3% to 5.7% on July 1, as scheduled under current law.  However, it keeps 0.4% of the sales tax flowing into the state general fund for the FY 2014 and 2015.  Beginning in FY 2016, the 0.4% would go to the state highway fund.  Under current law, that 0.4% would go to the SHF beginning in 2014.  This change is expected to raise $179 million for the state general fund in FY 2014 and $202 million in FY 2015.  The bill also provides a phase-out of income tax deductions, rather than immediate elimination, raising $108 million in FY 2014 and $87 million in FY 2015.  The total additional revenue under this plan is about $137 million less than the Governor’s plan for each of the next two years.

Unlike the Senate version, the House bill has a different approach to future income tax cuts, similar to a formula that passed the House last session.  In any fiscal year that state general fund revenues exceeds 2%, the percentage increase above 2 percent would be used to automatically reduce state income tax rates under a complicated formula.  In effect, the more state revenues increase over 2% per year, the faster income taxes would be reduced.  If revenues grow less than 2 percent per year, or actually decline, taxes would not be cut.

The Governor's original tax plan was expected to raise $455.4 million in FY 2014 and $356.0 million in FY 2015.  The House committee plan raises $287.4 million in FY 2014 and $290.5 million in FY 2015, but much less beginning in FY 2016.  The Senate plan raises $316.2 million in FY 2014 and $276.5 million in FY 2015, but revenues begin to decline in FY 2017 and FY 2018.  Because both the House and Senate revenue proposals raise less than the proposals in the Governor's budget, each chamber will have to make adjustments to either reduce spending below the Governor's proposals or reduce the state general fund ending balance.

This morning, the Senate Ways and Means Committee begins assembling its version of the state budget bill for the next two years.  The House Appropriations Committee approved its version Tuesday.

School Board Elections Hearings Underway

The Senate Ethics, Elections and Local Government Committee yesterday opened hearings on SB 211, which would move local elections to November of EVEN-numbered years and make these elections partisan, and on SB 145, which moves local elections to November of ODD-numbered years and makes the elections partisan.  KASB Region 3 Vice President Gail Billman represented KASB in opposition to these changes.  The hearing continues at 9:30 a.m. today.

The House Elections Committee delayed its scheduled hearing on HB 2227 until this afternoon at 1:30 p.m.  The bill would shift local municipal elections, including school boards, from April of odd-numbered years to November of odd-numbered years.  However, it maintains the non-partisan nature of these elections and does not require all local officials to run for at-large positions – differences that were included in HB 2271, which received a hearing last month.

KASB opposes all three measures, based on positions adopted by the Delegate Assembly supporting the current election system.

Guns in Schools Bills Not Amended

The House will take final action today on HB 2055.  The bill requires most public buildings to either provide specific security measures, such as metal detectors, or allow persons with concealed carry licenses to carry weapons into the building, but specifically exempts school districts from this requirement.  The bill also allows local school boards to permit employees who are licensed to bring weapons into school facilities, even if buildings are posted to prohibit concealed carry by the public.  KASB is neutral on the bill because it leaves the decision on local weapons policy for school to the local school board.  No proposals to change these provisions were proposed.

However, the Senate Federal and State Affairs Committee holds a hearing today on SB 186, which has provisions similar to HB 2055 regarding security in public buildings, but does NOT exempt schools.  KASB opposes the measure because it overrides the decisions of local boards.

Charter Schools, Common Core and Education Tax Credits

The House Education Committee continues discussion today on HB 2320, which would allow the State Board of Education, the State Board of Regents, public and private universities, cities and counties, and local schools boards to “authorize” public charter schools that would exempt most state school laws and regulations, and (except for those approved by local boards) essentially operate independently of local boards.  KASB strongly opposes the bill, believing that it violates the Kansas Constitution’s requirement that public school be “maintained, developed and operated” by local elected boards.

Also today, the committee receives a report on student achievement by the Kansas Policy Institute. A hearing on HB 2400, which appears to provide tax credits for contributions to scholarship programs for special education students attending private schools, is now scheduled for a hearing next week.  

Open Records, Meetings

Wednesday, the Senate Federal and State Affairs Committee held a hearing on SB 10, which would limit fees that public agencies may charge for making copies of documents for Kansas Open Records Act requests, and also requires that all public meetings have minutes kept under a format determined by the Kansas Secretary of State.  KASB opposed the bill because of the potential high cost of complying with certain records request.  The sponsor of the bill, Sen. Jacob LaTurner, R-Pittsburg, proposed several amendments that would address some of KASB's concerns.  The bill is not expected to received further action this year.

Audits and Innovative Districts in Senate Education

The Senate Education Committee hold hearings today on HB 2349, which directs the Division of Post Audit to conduct three school district efficiency audits each year, and on HB 2319, which authorizes school districts to become designed as "innovative" districts and exempted from most state school laws and regulations in exchange for higher student completion standards.  KASB supports both bills.  Tomorrow, the committee hears HB 2109, which extends the military student second count date.

Other Issues

Today, the House Federal and State Affairs Committee holds a hearing on HB 2197, which makes certain changes to the Kansas State High School Activities Association Board of Directors, and the House Education Budget Committee holds a hearing on SB 23, which reauthorizes the statewide 20 mill school district levy for two years.

House Budget and Tax Plan, Guns, Elections, Much More

The House Appropriations Committee voted Tuesday to approve a budget bill that reduces spending levels proposed by Governor Sam Brownback, but did not consider any reductions in K-12 state aid.  Also Tuesday, the House Tax Committee approved an alternative to the Governor’s tax plan that raises more revenue that current law, but less that originally proposed by Governor.  We hope to learn today how closely the spending bill matches the revenue bill.

Other issues under considering beginning today include a House floor debate and a Senate committee hearing on guns in public buildings, including schools; hearings on local election changes in both House and Senate committees; continuing discussion of dramatically expanding the state charter school law; limiting charges for open records requests, and much more.

House Committee Budget Cuts Spare K-12 Aid

Governor’s Brownback’s budget recommendations released in January essentially held state general fund spending flat from the current Fiscal Year, 2013, through the next two years, FY 2014 and 2015, and maintained the statutorily required ending balance of 7.5% both years, despite a projected $700 million drop in state revenues due to the income tax cuts enacted last years and expiration of a temporary sales tax increase.  The Governor accomplished this primarily by transferring over $100 million from the State Highway Fund to partially pay for school district transportation weighting and special education transportation; by keeping the state sales tax rate at 6.3% instead of dropping to 5.7% (raising $262.3 million next year), eliminating the mortgage deduction from the state income tax ($162.5 million), and reducing state ending balances.  From the beginning, however, there was strong opposition to the Governor’s proposals on the sales tax and mortgage deduction.

On Monday, the Appropriations Committee received documents showing it had reduced spending below the Governor’s budget by $20.8 million in FY 2014 and $37.7 million in FY 2015.  However, without the Governor’s revenue additions, the general fund ending balance would drop from $568.9 million (9.2% of expenditures) this year to $73.6 million (1.2%) next year, and projected an unconstitutional deficit of $328.4 million (-5.4%) in FY 2015.  That would require either much deeper cuts in spending or additional revenue.  By 6 p.m. Tuesday night, the committee had adopted an untallied batch of additional spending cuts, mostly focused on saving in the state highway plan, a four percent cut to higher education funding, and capping expenditures on state employees.  Although the total impact of the cuts was not yet available, it appears to be somewhere around $100 million each year.  The combined budget bill, containing adjustments in the current year and appropriations for FY 2014 and 2015, was passed out of committee in HB 2231.

The bill adds funding to maintain the base budget per pupil at $3,838 this year and next year, with a small projected increase in FY 2015, keeps local option budget state aid and special education aid at the same level all three years, and provides the formula increases for bond and interest aid and KPERS contributions for school employees.

Alternative Revenue Plan Passes House Committee

 After 90 minutes of debate, the House Taxation Committee Tuesday approved an alternative to the Governor’s revenue plan that was inserted as a substitute bill into SB 84.  (Placing the plan in a Senate bill is designed to expedite negotiations with Senate.)  Unlike the Governor’s proposal, the new bill allows the state sales tax rate to drop from 6.3% to 5.7% on July 1, as scheduled under current law.  However, it keeps 0.4% of the sales tax flowing into the state general fund for the FY 2014 and 2015.  Beginning in FY 2016, the 0.4% would go to the state highway fund.  Under current law, that 0.4% would go to the SHF beginning in 2014.  This change is expected to raise $179 million for the state general fund in FY 2014 and $202 million in FY 2015.  The bill also provides a phase-out of income tax deductions, rather than immediate elimination, raising $108 million in FY 2014 and $87 million in FY 2015.  The total additional revenue under this plan is about $137 million less than the Governor’s plan for each of the next two years.

To entice votes from conservative Legislators, the Governor’s revenue plan also included further income tax rate reductions through 2018, which was projected to create a new budget shortfall.  The new bill has a different approach, similar to a formula that passed the House last session.  In any fiscal year that state general fund revenues exceeded 2%, the percentage increase above 2 percent would be used to automatically reduce state income tax rates under a complicated formula.  In effect, the more state revenues increase over 2% per year, the faster income taxes would be reduced.  If revenues grow less than 2 percent per year, or actually decline, taxes would not be cut.  The committee did not release a document showing long term projections of the plan, but it seems likely the state would again face a budget shortfall in FY 2016, when the 0.4% sales tax portion is shifted to the highway fund.

While this new approach is headed to the House floor, the Governor’s original plan, now contained in HB 2059, is scheduled for debate on the Senate floor today (Wednesday).  Governor Brownback met with the Senate Republican caucus Tuesday evening.  The Senate Ways and Means Committee is scheduled to develop its budget bill this Thursday and Friday.  So far, that committee has also sustained the Governor’s recommendations for K-12 education.  If the Governor’s plan is defeated or substantially reduced, the Ways and Means committee will also have to consider reductions in the Governor’s spending plans.

School Board Elections

Both House and Senate committees hold hearings on major local election bills today.  The House Elections Committee hears HB 2227 at 1:30 p.m.  The bill would shift local municipal elections, including school boards, from April of odd-numbered years to November of odd-numbered years.  However, it maintains the non-partisan nature of these elections and does not require all local officials to run for at-large positions – differences that were included in HB 2271, which received a hearing last month.

The Senate Ethics, Elections and Local Government Committee holds a hearing on SB 211, which would move local elections to November of EVEN-numbered years, and make these elections partisan.  On Tuesday afternoon, the committee announced it would also be hearing SB 145, which moves local elections to November of ODD-numbered years, like HB 2227, but also makes the elections partisan.

KASB will oppose all three measures, based on positions adopted by the Delegate Assembly supporting the current election system.

Guns in Schools

The House will debate three measures dealing with firearms today on general orders at 11 a.m., including HB 2055.  The bill requires most public building to either provide specific security measures, such as metal detectors, or allow persons with concealed carry licenses to carry weapons into the building.  However, as recommended by the House Federal and State Affairs Committee, the bill exempts school districts from this requirement.  The committee did add an amendment allowing local school boards to permit employees who are licensed to bring weapons into school facilities, even if buildings are posted to prohibit concealed carry by the public.  KASB is neutral on the bill because it leaves the decision on local weapons policy for school to the local school board.

However, the Senate Federal and State Affairs Committee holds a hearing Thursday on SB 186, which has provisions similar to HB 2055 regarding security in public buildings, but does NOT exempt schools.  KASB opposes the measure because it overrides the decisions of local boards.

Charter Schools, Common Core and Education Tax Credits

 The House Education Committee Tuesday began working HB 2320, which would allow the State Board of Education, the State Board of Regents, public and private universities, cities and counties, and local schools boards to “authorize” public charter schools that would exempt most state school laws and regulations, and (except for those approved by local boards) essentially operate independently of local boards.  The committee began considering amendments offered by committee chair Kasha Kelley, R-Arkansas City.  KASB strongly opposes the bill, believing that it violates the Kansas Constitution’s requirement that public school be “maintained, developed and operated” by local elected boards.

Today, the committee continues its discussion of Common Core academic standards.  Thursday, the committee receives a report on student achievement by the Kansas Policy Institute.  Friday, the committee is tentative scheduled to hear a HB 2400, just introduced today, which appears to provide tax credits for contributions to scholarship programs for special education students attending private schools.  KASB is studying the impact of the new bill.

Open Records, Meetings

Wednesday, the Senate Federal and State Affairs Committee holds a hearing on SB 10, which would limit fees that public agencies may charge for making copies of documents for Kansas Open Records Act requests, and also requires that all public meetings have minutes kept under a format determined by the Kansas Secretary of State.  KASB opposes the bill because of the potential high cost of complying with certain records request.

School Finance and More in Senate Education

The Senate Education Committee held a hearing Tuesday on SB 244, which would eliminate the virtual, bilingual, vocation, non-proficient at-risk and new facilities weightings, and require the at-risk weighting be prorated in order to achieve a base budget per pupil of $4,492.  There were no proponents of the bill; in fact, Committee chair Steve Abrams, R-Arkansas City, said he did not know where the bill came from.  KASB joined a long list of opponents, including several school districts who said they would receive additional funding under the bill, but opposed shifting funds within the current formula.

Wednesday, the committee holds a hearing on two bills, including HB 2221, which requires schools to provide equal access to employee mail boxes and other treatment for any teacher organization that engages in collective bargaining, professional development or liability protection.  KASB is neutral on the bill.  Thursday, a hearing is scheduled on HB 2349, which directs the Division of Post Audit to conduct three school district efficiency audits each year.  KASB supports the bill.  On Friday, the committee hears HB 2109, which extends the military student second count date.

Other Issues

On Thursday, the House Federal and State Affairs Committee holds a hearing on HB 2197, which makes certain changes to the Kansas State High School Activities Association Board of Directors.  Also Thursday, the House Education Budget Committee holds a hearing on SB 23, which reauthorizes the statewide 20 mill school district levy for two years.