Conference Committee Continues On School Finance- Until House Member Walks Out.

Apr 2, 2019 by

Rep. Kristey Williams, House K-12 Budget Chair and other conferees.

9:00 AM meeting

Conferees gathered shortly after 9:00 this morning to continue discussion on school finance – or actually on school policy proposals.

The Senators came in with a counter to the last House proposal. The House had offered changes to their policy on the use of some at-risk funds.

  • Those funds could only be spent on at-risk students “ranked in the lower 50th percentile in such student’s class.”
  • Schools would be required to “evaluate outcomes data for such students , including, but not limited to, school attendance, academic progress, graduation rates, pursuit of postsecondary education or other career advancement.”
  • Funds could only be expended on “evidence-based instruction” which would be defined as “an education delivery system based on independent research that consistently produces better student outcomes over a five-year period than would otherwise be achieved by the same at-risk students.”

The Senate counter-offer rejected the bullet listed above, accepted the second, and added language to the third that would required programs to have been peer reviewed.

The Senate also accepted language extending the Dyslexia Task Force.

The Senate has so far rejected the House language ending support for bilingual students after seven years and instead suggested that the issue be revisited after an LPA study that is already scheduled and will file a report in January of 2022. During the discussion, Representative Kristey Williams (R-Augusta) asserted that schools have no incentive to help bilingual students progress and that this limit was needed to incentivize schools to help kids. She also admitted that there was no data to indicate kids were staying in bilingual programs beyond the time needed to master English.

The Senate also suggested that instead of calling for a study of graduation requirements with the goal of getting financial literacy and computer science accepted as math or science credits along with the goal of establishing an IT Commission, that both issues be handed to the Governor’s Education Council as study items.

The House agreed to the language on peer-review of programs and the extension of the dyslexia task force but will take the 50th percentile language under consideration.

As for the graduation requirements and IT Commission, Williams said it was likely the Governor’s Council would not give enough consideration to her issues and she questioned the membership of the Council because it had no legislators on it.

The Conference Committee broke to go on the floor and agreed to meet again at 1:30 this afternoon.

1:30 PM meeting

The committee reconvened at 1:30 and made a little progress when the House accepted the Senate’s offer on the dyslexia task force and peer-review of instructional programs for at-risk students. On the bilingual issue, the House agreed not to change the funding until after the LPA study was released but asked for language requiring the KSDE to collect more data on bilingual students and programs in the meantime.

The House also agreed to drop the IT Commission but to still require KSDE to study graduation requirements, doing so in conjunction/coordination with the Governor’s Education Council. Finally the House dropped some language on reporting local sources of revenue though still reporting funds spent on litigation and the number of virtual students in the district. All accountability reporting to the public would be done via a link to the KSDE website.

They broke and will meet again at 4:30.

4:30 PM meeting

It started with offers and ended with anger and a walk-out.

The Senate came with another offer – one that included an agreement by the LPA to move up the bilingual study, giving them data to make a decision in 2020 instead of 2022. They also accepted the House’s last offer on at-risk expenditures. But they held their position on the other not-yet-agreed to policy pieces in SB 16.

After some back and forth – with Baumgardner educating the conferees on a number of issues. First, Baumgardner noted existing bullying hotline that could be widely promoted instead of creating a new one. Next, she explained why the House proposal on transportation isn’t feasible (Baumgardner had clearly done some detailed research on this one). Finally, she spoke of the reality of bilingual education, specifically why some kids need more time to master English.

After her explanations were complete, the wheels seemed to come off the bus- as it were. Williams became visibly more angry and complained that the KSDE and others were not sharing information with her that should have been brought to her attention during committee hearings.

Williams was clearly planning to end the meeting when Baumgardner announced that the Senate had a funding offer.

The Senate offered Senate Bill 142, the inflation factor proposed by the SBOE and the Governor and passed by the Senate 32 to 8, language on special education funding that would retain 92% as a policy goal of the state, and accepting some accountability suggestions from the House.

Baumgardner and Hensley did an excellent job explaining the importance of the 92% to parents of special needs children and their teachers. “They would feel like an afterthought,” Baumgardner said.

An angry Williams’ clapped back asserting that the state had abandoned the 65% policy goal on “instructional spending” and that others had decided that priorities were “outside of the classroom.” “As for the rest of your offer,” Williams said, “no comment.”

Williams also refused to commit to a meeting tomorrow telling Baumgardner only that if they could meet before 5:00, would they meet. Baumgardner asked her to consider the difficulty for those constituents who listen-in or attend the meetings but Williams would not budge. Instead, she abruptly left the room.

Now, we are all left wondering what happens next.

read more

Education Conference Committee meeting

Apr 1, 2019 by

11:00 AM meeting

The Conference Committee on House Sub for SB 16 started meeting this morning at 11:00. Conferees represent the Senate Select Committee on School Finance and the House K-12 Budget Committee. Members of the Conference Committee are Senators Molly Baumgardner (R-Louisburg), Jim Denning (R-Overland Park), and Anthony Hensley (D-Topeka) and Representatives Kristey Williams (R-Augusta), Kyle Hoffman (R-Coldwater), and Valdenia Winn (D-Kansas City).

The first meeting was devoted to reviewing the Senate position on school finance – essentially, the Governor’s package to address Gannon increasing the current school finance formula by $90 million per year and making no policy changes to the formula (SB 142) and the House position on education policy contained in House Sub for SB 16 and having no funding for schools at all.

Interestingly, they are also discussion House Sub for HB 2395, the Williams/Landwehr school finance bill that repeals the last two years of the current school finance plan as well as the requirement to fund a CPI adjustment into the future. Williams continues to refer to this as the “House position” even though it is not. The House has not passed this bill as they can’t get 63 votes for it on the floor. Under pressure, Williams admitted that it was the House Committee’s position.

For your information, according to the joint rules of the House and Senate, “Only subject matters which are or have been included in the bill or concurrent resolution in conference or in bills or concurrent resolutions which have been passed or adopted in either one or both houses during the current biennium of the legislature may be included in the report of the conference committee on any bill or concurrent resolution.”


Essentially, that means that items in HB 2395 that are not in SB 16 or SB 142 may not be included in the conference committee report because those items have not “been passed or adopted in either one or both houses.”

After a presentation on the issues by staff, questions from Senators were answered. Baumgardner asked about the House positions on out-of-state students (taking them back to full funding), bilingual education (cutting off students who need additional time to master English), the required study of graduation requirements with an eye toward allowing financial literacy and computer science to count as math and science credits, and the formation of an IT commission.

Hensley asked why the House wanted to repeal the provision calling for reimbursement of 92% of the excess costs of special education. Other questions focused on changes to transportation, the proposed bullying hotline, and bond caps.

1:00 PM meeting

The Committee reconvened at 1:00 when the Senate made an initial offer to the House. The Senate offer is to:

  • Accept the House position in SB 16 on ACT and ACT workkeys requiring the KSBOE to provide ACT exams and 3 workkeys assessments for students in grades 11 and 12, and pre-ACT exams for students in grade 9 for school year 19-20 and beyond.
  • Accept the House position in SB 16 to replace the LPA audit on the cost of providing educational opportunities in FY 21 with an LPA audit on the unencumbered cash balances held by school districts.
  • Accept the House position in SB 16 on transfers from the state general fund to the capital improvement fund for fiscal years 20, 21, and 22.

The Senate asked the House to give consideration to the Senate position on evidence-based at-risk programs. The Senate is holding all their other positions including the funding response to the Gannon decision.

3:30 PM meeting

In a quick meeting, the House agreed to take the Senate positions on the ACT, the LPA audit, and the capital improvement transfers (which were the actual House positions originally).

The meeting then devolved into a debate over funding and approaches to funding with Sen. Baumgardner explaining that the Senate position was that of the State Board of Education and the Governor and would likely satisfy the Court’s Gannon ruling and Williams arguing that the legislature should be targeting funds and controlling how they can be spent because, according to her, schools are getting worse, not better.

The meeting had to end by 4:00 since the Appropriations/Ways & Means conference committee had the room reserved for their meeting.

They will meet again tomorrow morning at 9:00.

read more

Senate: Fund Schools; House: Micromanage Schools

Mar 27, 2019 by

The first week of April is the time reserved to reconcile the differences between House and Senate versions of bills and to pass conference committee reports with the final compromise bills.

Of greatest interest to educators, naturally, is what the Legislature plans to pass as a response to the Gannon school finance decision. With the actions of both chambers over the last few days, it appears they will go into a conference committee with two bills. Senate Bill 142 – passed by the Senate and not even considered by the House – provides an additional $90 million per year to the school finance plan passed over the 2017 and 2018 sessions. House Substitute for Senate Bill 16 – passed by the House and non-concurred in by the Senate – contains the conservative wish list of legislative micro-management policies crafted primarily by Representatives Kristey Williams (R-Augusta) and Brenda Landwehr (R-Wichita). Somehow the final school finance plan must be crafted out of these two bills.

Just to be clear, here is what the the two bills do:

Senate Bill 142 provides $90 million new dollars to public education and continues that $90 million over four years to reach the level that would have been in place if the Montoy promises had been kept and then adjusted for inflation. All the funding is added to BASE aid to benefit all students. After the phase-in, SB 142 continues the annual CPI adjustments into the future.

House Sub for SB 16 provides no new money to schools. Instead, it puts a number of new accountability regulations in place requiring new reports of student performance and school finances of schools and the Kansas State Department of Education. Also mandated are a study of graduation requirements with the intention of allowing financial literacy and computer science courses to count as math and science credits, the creation of a new IT Commission to study technology in the schools, and a Legislative Post Audit study of unencumbered balances in school districts. This bill puts limits on the number of years a bilingual student can receive funding and removes the requirement that the Legislature reimburse schools for 92% of the excess costs of special education.

KNEA supports Senate Bill 142.

KNEA – and the entire public education community – opposes House Sub for SB 16. Passage of this bill was only achieved by enacting a call of the House and using the time to badger Republican representatives until a 63rd vote could be secured. It was passed on a vote of 63 to 61 – the bare minimum for passage. Click here to see how your Representative voted.

With your Legislators back home for four days, there will be opportunities to communicate with them about the importance of meeting the Gannon school finance decision and getting our school funding system settled and constitutional.

read more

ACTION ALERT: BAD SCHOOL FINANCE!

Mar 26, 2019 by

This morning the Kansas House gave final action approval to Sub for Senate Bill 16, the bill packed chock full of terrible school policies. The bill passed 63 to 61 but only after a call of the House which enabled Speaker Ron Ryckman (R-Olathe) to strongarm folks into changing votes. The deciding vote was cast by Ronald Ellis (R-Meriden) giving the bill the one vote needed for passage.

  • SB 16 removes the requirement to fund 92% of the excess costs of special education, allowing future legislatures to reduce funding;
  • Limits bilingual weighting, cutting off children who don’t become fluent English speakers on schedule;
  • Requires a study of graduation requirements with the intention of allowing financial literacy and computer science to count as math or science credits;
  • Creates an IT Commission to advise on technology issues in schools with no educators serving on it;
  • Establishes but does not fund a bullying hotline;
  • Layers multiple new reporting requirements on schools; and
  • Provides no funding to meet the Gannon school finance decision.

A motion to amend the bill to reinstate due process for teachers failed last night on a vote of 55 to 68. All Democrats were joined by 14 Republicans in supporting teachers.

Debate on the House school funding bill, Sub for HB 2395, is expected to take place later today.

  • HB 2395 eliminates two years from the current school finance plan;
  • Eliminates a requirement to fund a CPI adjustment annually into the future;
  • Cuts in half the dollars going to BASE state aid (from the Senate position); and
  • Creates a new behavioral mental health weighting that will not be available to all schools.

This bill will not meet the Gannon decision and should be voted down.

TAKE ACTION NOW!


Sub for HB 2395 is irresponsible and should be defeated. We urge all supporters of our public schools to contact their state representatives now. CLICK Here to contact your Representative. Ask him/her to vote NO on Sub for HB 2395 and to pass SB 142 instead. It is time to move a responsible bill to the Kansas Supreme Court – that bill is SB 142.

read more

Big issues front and center! Your Action Needed!

Mar 22, 2019 by

House Ed Budget Committee sends two bills to the floor

Two bills were moved out of the House K-12 Budget Committee last night – one dealing with funding, the other with policy. Both bills will now go to the full House for debate next week. And both bills are opposed by KNEA and the education community generally.

But the first action was to deal with SB 142, the Senate’s school finance bill that represents the best response available at this time to the Gannon school finance decision. A motion by Jim Ward (D-Wichita) to pass the bill out favorably was defeated on a 5 to 7 vote – a number which would be repeated several times during the meeting.

Next up was Senate Bill 16 which dealt with naming evidence-based programs that could be paid for with at-risk funds. The bill was brought by Mike O’Neal on behalf of JAG-K (Jobs for America’s Graduates). The Senate added Boys and Girls Clubs to the bill and sent it over to the House.

On a motion by Kyle Hoffman (R-Coldwater), the bill was gutted and a new bill created. House Sub for SB 16 now contains nearly all of the education policy changes sought by House K-12 Budget Committee Chair Kristey Williams (R-Augusta) and the conservative legislators on the committee. There are no funding pieces in the bill at all.

Pieces that were removed from the bill include the bullying task force, the vouchers for targets of bullying, and the restrictions on roofing contracts. The limit on funding bilingual students is changed from four years to five. The 15% cap on unencumbered balances is removed and replaced with an audit of unencumbered balances by the Division of Legislative Post Audit.

The bill still removes the requirement that 92% of the excess costs of special education be reimbursed. It keeps all the new accountability reporting, the study of graduation requirements in the hope of letting financial literacy and computer science count as math or science credits, the establishment of an IT Commission, the extension of the Dyslexia Task Force, and O’Neal’s JAG-K language but without Boys and Girls Clubs. The bill also creates a new bullying hotline.

Also included is a change to the tuition tax credit scholarship (voucher) program that will tend to concentrate vouchers in urban areas. Currently these vouchers are available to students in the 100 lowest performing schools in the state. The change in this bill is to limit the vouchers to the 100 lowest performing elementary schools in the state.

The amendment creating Sub for SB 16 was adopted on a vote of 7 to 5 and the bill was subsequently passed out of committee on a party line vote of 8 to 4.

Sub for SB 16 will do nothing to address the Gannon decision and parts of it could jeopardize equity in our current formula created additional legal problems in the Courts. KNEA opposes Sub for SB 16.

This action was followed by a new Hoffman motion to amend HB 2395, Williams’ school finance plan, to take out all the policy pieces that are now contained in Sub for SB 16.

As amended, HB 2395 (now Sub for HB 2395) would provide about $90 million in new funding but splits that funding essentially half and half between BASE increases and two weightings – a slight increase in at-risk weighting and the creation of new “behavioral health intervention weighting.” The Senate plan in SB 142 would apply the full $90 million increase to the BASE without messing about with a formula that has been deemed to be constitutional.

But there are other very significant and very troubling changes. First, instead of honoring the promises of the 2017 and 2018 school finance actions, this bill repeals entirely the BASE increases in the last two years. SB 142 has all four years funded. This new bill also deletes the current provision that calls for an annual CPI increase to school funding once the Montoy Safe Harbor is reached. Sub for HB 2395 ends all commitments to school funding before reaching the Montoy Safe Harbor and beyond.

If Sub for HB 2395 were to become that Legislature’s response to Gannon, we will likely remain in court far into the future. The best hope for bringing Gannon to an end is to pass SB 142. KNEA opposes Sub for HB 2395.

TAKE ACTION NOW!

Both of these bills (Sub for SB 16 and Sub for HB 2395) will be available next week for debate on the House floor. We urge all supporters of our public schools to contact their state representatives now. CLICK Here to contact your Representative. Ask him/her to vote NO on Sub for SB 16 and Sub for HB 2395 and to pass SB 142 instead. It is time to move a responsible bill to the Supreme Court – that bill is SB 142.

Will the Senate take action on Medicaid expansion?

Thursday, on a vote of 69 to 54, the House passed KanCare expansion, an action that could bring health insurance coverage to as many as 150,000 currently uninsured Kansans. KanCare is the state’s Medicaid program. The expansion is allowed under the Affordable Care Act. The state will pay 10% of the cost while the federal government is required to pay 90%.

Both the House and Senate have voted previously to expand KanCare only to have the action vetoed by then-Governor Sam Brownback. A motion to override Brownback’s veto passed the House but fell a vote short in the Senate.

House leadership has been determined to stop to KanCare expansion but the majority of members have been just as determined to pass it. And on Wednesday, when HB 2066 came to the floor, they got their chance. Kathy Wolfe Moore (D-Kansas City) made a motion to gut the bill and replace the contents with KanCare expansion. This action was necessary because Brenda Landwehr (R-Wichita), the chair of the House Health and Human Services Committee and a hardcore opponent of expansion refused to give a hearing to a bill on expansion.

The amendment was ruled not germane by the House Rules Committee Chair but the ruling was overturned by the members on a vote of 55 to sustain the ruling and 62 to overturn. After a long debate, the Wolfe Moore amendment passed on a vote of 69 to 53 and the bill advanced to final action on a vote of 70 to 54.

Now the bill goes to the Senate but time is almost up for consideration. KanCare expansion is needed in Kansas. We have already seen four rural hospitals close (Independence, Fort Scott, Oswego, and Horton) with many more on the verge of closing. Expansion will help them by paying for more preventative care and limiting the practice of using the emergency room for care. Expansion will help many working Kansans caught in the gap between KanCare eligibility and eligibility for ACA health insurance subsidies. They earn too much to qualify for KanCare but not enough to be eligible to get financial help to buy private insurance.

KanCare expansion will create jobs, protect hospitals and communities, and improve health and financial security for 150,000 Kansans. Here’s what some legislators had to say about why they voted YES on expansion:

  • “I discerningly vote “yes” on HB 2066… Rural hospitals, mental health, and the working poor are losing. While imperfect, today’s decision gives them a chance. Healthcare cannot be solved exclusively in Kansas; let’s resoundingly IMPLORE FEDERAL dialogue, action, and results.” MARK SAMSEL
  • “I vote yes on HB 2066. It ensures that thousands of Kansans can look forward to a healthier and more productive future. And at a time when 86% of Kansas hospitals have negative operating margins, this proposal will provide immediate help for their bottom line, stabilizing operations, aiding in staff recruitment, and providing a lifeline to much-needed retooling and reconfiguring of health care delivery. It has been said that in Kansas a person’s zip code is a greater determinant of health outcomes than genetics. For rural Kansans, HB 2066 gives hope that it need not always be so.” DON HINEMAN, BRAD RALPH, JOHN P. WHEELER, JR., JIM KARLESKINT, SUZI CARLSON, SUSAN CONCANNON, LEONARD A. MASTRONI
  • “Expanding accessibility to preventative healthcare will alleviate crisis health situations, reduce hospital operating losses, and ultimately lead to healthier rural communities. I vote YES on HB 2066.” ADAM SMITH

TAKE ACTION NOW!

CLICK Here to contact your Senator now. Ask them to take action on House Bill 2066 and expand KanCare. It is time to help working Kansans get the health care they deserve; time to step up for our rural hospitals; time to do the right thing. Ask them to call HB 2066 to the floor of the Senate for action.

read more

Debate on several issues continues under the dome tonight.

Mar 20, 2019 by

KEY POINTS:

-House K-12 Budget Committee is continuing to discuss potential school finance solutions, largely ignoring the Governor’s solution while Chairperson pushes HB 2395 (which education community opposes).

-Medicaid expansion reaches the debate phase on the House floor after the rules chair is overturned on a procedural ruling. The debate is expected to continue-possibly into the night.

-House K-12 Budget Committee Chairperson Kristey Williams has told her committee that they will convene a committee meeting tonight upon adjournment of the House.

House K-12 Budget continuing the discuss school finance solution

Yesterday, the House K-12 Budget Committee held a hearing on SB 142, the Senate school finance bill that addresses the Supreme Court ruling in Gannon. This bill matches the solution that was originally in SB 44, Governor Kelly’s school finance bill.

KNEA provided testimony in support of the bill as did KASB, United School Administrators of Kansas, Game On for Kansas Schools, the Kansas PTA, and a number of other organizations and individual school districts. SB 142 is a clean response to the Supreme Court decision and, at this time, the best response that has been put forward. It should be noted that Schools for Fair Funding does not believe this is the full amount needed. KNEA believes it is past time to send a legislative response to the Court and that this bill needs to be passed.

Today’s Committee schedule indicated that the committee would consider the bills that they have heard (HB 2395, the bill carried by House K-12 Budget Committee Chairperson, Kristey Williams and that is widely opposed by the education community, as well as SB 142, the bill the education community supports). But due to other actions today, we are not certain whether action will happen today or not – so read on to see why!

KanCare (Medicaid) Expansion comes to the House floor!

The House was set to debate and vote on a bill today dealing with “advanced practice registered nurses” when Rep. Kathy Wolfe Moore (D-Kansas City) moved to amend the bill by gutting it and inserting the contents of a Medicaid expansion bill that had been introduced but ignored by House leadership.

The germaneness of the amendment was challenged and the Rules Chair ruled the amendment as non germane. That ruling was in turn challenged which sets up a vote on “shall the ruling of the rules chair be sustained?” A NO vote means the ruling chair’s ruling is not sustained – it is overturned – and debate on the amendment can go forward. Historically, the rules chair is rarely overturned but in this case he was on a vote of 55 to 62.

Debate went on for some time with most of the time taken up by expansion opponent Brenda Landwehr (R-Wichita). Landwehr decried doing this “on the floor” and not property “vetting” the issue. The sad truth, of course, is that, as chair of the House Health and Human Services Committee, Landwehr could have held a hearing on the bill at any time and fully vetted it but she chose to block it. Instead she held a “round table discussion” of expansion without ever taking up the actual bill.

Speaking passionately in favor of expansion were Representatives Tom Cox (R-Shawnee) and Jim Kelly (R-Independence). Cox spoke of his own personal health challenges and how important it was to help other people through theirs. He pointed out that he was lucky to have affluent parents who could afford insurance and co-pays while many are not so lucky. Kelly shared his experience “at ground zero” where the hospital closes, doctors leave, and people desperately scramble to find health services. The Independence Hospital was the first to close, followed by Fort Scott, Oswego, and Horton. Thirty more are “on deck to close,” said Kelly. We should also remember the impact those closures have on the people who work in those hospitals as well as the impact on the local economy.

Opponents complained about deficits and the pressure on the budget – a budget they put at risk through votes first for the Brownback tax disaster and now through the passage of more tax cuts for multi-national corporations and wealthy individuals in SB 22. The budget is not a concern when cutting corporate taxes but it is when they have to vote on caring for working Kansans!

In the end, the amendment was adopted on a vote of 69 to 53.

It was then that Majority Leader Dan Hawkins (R-Wichita), an expansion foe, moved to rise and report. This was an unusual motion in that it was done before debate ended and a vote was taken on the bill. Hawkins noted that the intent was to allow folks to craft amendments which could be brought forward in the debate which would continue later.

The House then recessed until 3:45 – meaning a conflict with the scheduled 3:30 meeting of the K-12 Budget Committee. But Representative Williams announced that her committee would meet upon adjournment of the House tonight. And we have no idea when that might be!

Look for a more detailed update on tonight’s proceedings in tomorrow’s edition of Under the Dome.

read more