How about a two-tiered class system for teachers? House Ed Committee says no thanks.

Feb 19, 2018 by

House Ed Committee Rejects Another “Compromise” on Due Process

House Education Committee Chairman Clay Aurand called a meeting today for the specific purpose of addressing due process. Aurand has repeatedly expressed his opinion that due process restoration cannot pass the Senate and so the House must negotiate against its own position and somehow compromise on the issue.

This year it came in his bill, HB 2483, which would establish two tiers of teachers by restoring due process to those who had earned it prior to repeal in 2014 and provide nothing for any teachers hired since. He had an amendment to the bill that would still restore full due process to those who had earned it but provide a very limited due process (the same as in the 1980’s) for new teachers. The new teachers would have an impossible hill to climb in succeeding in a challenge under the bill as Aurand put in only three conditions under which a hearing officer could rule against the district.

In response to those who oppose a two-tiered system, Aurand also put a provision in the bill that would allow the bargaining agent (usually KNEA) to move all veteran teachers into the limited due process system.

The debate quickly showed that the committee was in no mood to establish a bill that did not restore full due process to all Kansas teachers. They repeatedly said that they did not need the bullying bill and due process bill separated and that the two issues were linked since bullying has to do with bullying of students and staff. Rep. Melissa Rooker pointed out that there are eight statutes providing real due process to students including those brought to the district’s attention for bullying but no such protections for teachers.

As to the argument of the need for the House to compromise their own position to appease the Senate or the Speaker or the Governor, Rep. Ed Trimmer said that if one of those three were to torpedo the bullying bill because they did not want to provide rights to teachers, that decision would be on those people and not the members of the House.

The Aurand amendment failed on a vote of 6 t0 10. The Committee then moved to the underlying motion to pass the original two-tier bill. That motion had been offered by Rep. Sutton. That motion failed on a unanimous voice vote.

At that point, Aurand said he recognized that the issue was done; that he recognized the committee’s position and would not go any further including not offering a standalone bullying bill.

Rep. Diana Dierks noted that the actions of the committee should not be taken as any disrespect for the Chairman but instead reflected a heartfelt desire of the majority to do right by Kansas teachers.

So here is where we are as of tonight.

The full restoration of due process rights for Kansas teachers in included in the bullying bill, HB 2578, which is on the floor but below the debate line meaning it is available for debate and passage but will not be considered tomorrow.

We will be watching for it to come up above the line and working with both Republicans and Democrats to urge its consideration.

House Higher Ed Committee Hears Repeal of In-state Tuition; Will Not Work Bill

The House Higher Education Committee held a continued hearing on HB 2643, a bill repealing in-state tuition for the children of undocumented workers (these children would have to have graduated from a Kansas high school, been in the state at least three years, be admitted to college and sign an affidavit promising to apply for citizenship as soon as they are eligible to do so). The “savings” from the bill would be used to offset tuition for foster children.

KNEA opposed the bill as did many other organization including KASB.

KNEA would be delighted to support a bill that provides tuition assistance to foster children but not at the expense of other Kansas students. Opposition to the bill was overwhelming while Kris Kobach was the primary proponent.

At the end of the hearing, the Committee Chair, Kevin Jones, announced they would not be working the bill. This means that unless the bill is referred to a timeline exempt committee, it is dead for this year.

Senate Fed & State Goes Crazy

Despite all the good news in the House committees, the Senate Federal and State Affairs Committee decided to push the ultra-conservative envelope today and passed two alarming bills out of committee.

The first, SCR 1611, calls for a constitutional convention under which the United States Constitution could simply be tossed out and delegates appointed by state politicians could re-write the whole darn thing. While the resolution is specific to what they want to change, there can be no limits put on a constitutional convention.

KNEA opposes SCR 1611.

The Committee also passed out SB 340, the campus free speech act under which colleges in Kansas would have essentially no ability to control rallies and protests on campus. All outdoor areas of campus would be “free speech zones” and if any one student invited a speaker to hold a rally, the college would have no choice but to allow it in whatever outdoor place the speaker wanted. We imagine that Richard Spencer and Louis Farrakhan are both planning their Kansas college tours right now!

Colleges would even be prohibited from stopping events based on other experiences. So, for example, while Spencer’s events create havoc (see Charlottesville, Virginia), a college could not use the safety of students as an excuse to restrict Spencer’s use of the campus. Combine this with a new House bill that would allow 18-year-olds to carry weapons on campus and we can only envision disaster.

KNEA, believing that the safety of students is paramount in determining what events will be permitted on campus, opposes SB 340.

 

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Approaching Turn-around & The Continuing Saga of Due Process

Feb 16, 2018 by

Almost Halfway Home

It’s a pro forma day under the dome which means legislators did a quick check in this morning, then headed for home.

Monday will be the last day for committee hearings with Tuesday marking the lead up to “turn around” – the time by which bills must pass the chamber of origin in order to be debated in the second chamber. The exception is for bills that are in time-line exempt committees. Those committees are House and Senate Federal and State Affairs, Senate Ways and Means, Senate Assessment and Taxation, and the House committees on Calendar and Printing, Appropriations, and Taxation. A bill can also be “saved” by being referred by leadership to an exempt committee.

Both chambers will spend Tuesday, Wednesday, and Thursday on the floor trying to pass whatever bills they have available before they begin the turn around break on Friday. The second half of the session will begin on Wednesday, February 28.

A few legislators will not get Friday off, however. Dr. Lori Taylor who has been hired to conduct the new school finance cost study will be in Topeka to meet with members of the House K-12 Budget Committee and the Senate Select Committee on School Finance with whom she will discuss the cost study. The study is expected to be delivered on March 15, a full two weeks past the deadline for a school finance the Attorney General requested at the beginning of the session.

As of today, no bills dealing with any part of school finance have advanced.

“Konspiring” with Kobach?

House Higher Education Budget Chairman Kevin Jones (R-Wellsville) surprised everyone (everyone that is except Kris Kobach) by rescheduling a hearing on HB 2643 from next Monday to yesterday. The last-minute change meant that many opponents of the bill had not had the opportunity to sign up as conferees. Kobach seemed to be the one person who knew about the change.

HB 2643 would disallow in-state tuition for the children of undocumented immigrants and use the savings to provide post-secondary tuition relief for foster children. As a reminder in-state tuition rates for the children of undocumented immigrants are only available to children who have graduated from a Kansas high school, have been in the country for at least three years, and sign an affidavit of their intent to pursue citizenship as soon as they are able.

While KNEA would normally rejoice over a bill to provide tuition assistance to foster children, we cannot support one that also puts post-secondary education out of reach of other young people.

With general outrage of the sudden change of times, Jones decided to continue the hearing on Monday. KNEA will submit testimony at that time.

What Happened with Due Process Yesterday?

Well, nothing. Committee Chair Clay Aurand canceled the scheduled meeting of the House Education Committee and announced that there would be a committee meeting on Monday for the express purpose of dealing with due process.

This gives you the opportunity over the weekend to call and email the members of the House Education Committee and let them know that the real option is to call upon Clay Aurand and Speaker Ron Ryckman (R-Olathe) to let HB 2578 to come up for action on the House floor. It sits available for action at this time.

This bill makes improvements to the statute on school district bullying plans and restores due process to all Kansas teachers. There is no need to pass any other bullying or due process bills out of committee. Let them take up the one that is already on the floor and put both issues to rest in the House of Representatives. Once that is done we can get on with the business of passing a school funding fix that will satisfy the Supreme Court and keep our schools open.

House Education Committee Members (*denotes those who voted YES to pass an amendment to the bullying bill which restores due process for K-12 teachers).  Click to view contact information for each member.

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Bathroom Use; CLEP Credit; Equity Bills; In-State Tuition

Mar 17, 2016 by

New Bill Introduction in Senate

Just up this afternoon is a Senate Bill – SB 513 – “creating the student physical privacy act.” Word under the dome is that this bill comes from Senator Mary Pilcher-Cook (R-Shawnee). It would prohibit a student from using a restroom for a gender other than that identified at the student’s birth.

The bill would prohibit policies allowing transgendered students from using the restroom facilities of the gender with which they identify. Alternative facilities may be made available to transgendered students. The bill would also give a private cause of action against the school if that student should encounter a student of the opposite gender in a facility provided for his/her gender if the school “gave such person of the opposite sex permission to use facilities designated for use by such student’s sex” or the school “failed to take reasonable steps to prohibit such person of the opposite sex from using facilities designated for use by such student’s sex.”

Currently, policy decisions on the use of such facilities are left to the wisdom of locally elected school boards in consultation with teachers, counselors, administrators, and parents.


House Ed Committee Advances CLEP Bill

The House Education Committee today held a hearing on SB 388, requiring the State Board of Regents to adopt a policy on awarding credit hours based on CLEP test results. The bill would standardize the granting of credit for performance on a CLEP examination such that the credits could easily transfer among Kansas higher education institutions.

The bill was passed out of committee and now goes to the full House for consideration.


Working the Equity Bills

The House Appropriations today worked HB 2731, the Ryckman bill dealing with school finance equity in response to the Supreme Court decision. It became clear very quickly that the bill did not have enough support in the Committee to move forward.

Most of the negative comments were directed more to the Court than to the provisions of the bill itself. One legislator even asserted that the Court had no understanding of either school finance or equity.

Reps. Jerry Henry (D-Cummings), Sidney Carlin (D-Manhattan), and Barbara Ballard (D-Lawrence) tried to impress upon their colleagues that the Court did not choose to weigh in, there was a lawsuit that they were required to hear, that the Court relied on a study commissioned, paid for, and adopted by the Legislature as the only evidence brought forth, and that the demands on schools have grown tremendously over the years and are more costly.

In the end, Ryckman chose not to put the bill to a vote.

In the Senate Ways and Means Committee, SB 512, the Masterson bill dealing with school finance equity was quickly passed out of committee and has been sent on to the full Senate for consideration.

Both bills return to the previous equity formula (before block grants) and sweep the $17 million out of the extraordinary needs fund. The balance of the needed money is new spending in the Ryckman bill and is redistributed from school districts in the Masterson bill.


On the Floors Today

House Bill 2700 was scheduled for debate on the House floor today but was pulled and returned to the Pensions committee. We suspect it will be placed in another bill and sent back for reconsideration. This is likely an effort to put the bill in a position that it can be quickly voted on by both chambers and sent to the Governor.

No other bills we are tracking were on the floor for debate today.

As we write this the Senate is still in deep debate on the second bill of nine on their debate calendar today. And the first bill was passed over after a long debate while they wait on another amendment to come forward.

We are waiting for the debate on the fifth bill, HB 2567 which deals with tuition rates for military personnel. It is rumored that there will be an attempt to pass an amendment that would repeal in-state tuition to the children of undocumented workers.

We will report on this tomorrow.

 

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