House Handles Budget and School Finance Fix

Apr 28, 2018 by

House Budget Bill Passes with Minimal Changes

The House this morning passed HB 2365 on a final action vote of 92 to 24. Debate on the budget lasted into the night yesterday with many amendments offered and most defeated.

The most significant amendment offered by Rep. Steven Becker (R-Buhler) was one to strip out the language added in Committee by Rep. Brenda Landwehr (R-Wichita) that would have lapsed all new spending added by the Committee if the Supreme Court were to rule against the State in the school finance case. Landwehr’s amendment had come to be known as the “trip-wire.”

The debate on removing the trip-wire was vigorous and in the end, the Becker amendment was adopted on a vote of  71 to 53. KNEA supported the Becker amendment.

Other interesting amendments and their results were:

Motion by Rep. Whipple (D-Wichita) to prohibit non-disclosure agreements signed by state employees to silence those employees in cases of sexual harassment and/or abuse. Adopted 100 to 12.

Motion by Rep. Jennings (R-Lakin) to prohibit taxpayer funds from being spent on defense or fines for any state-wide elected official found in contempt of court (can you say Kris Kobach?). Adopted 103 to 16.

Motion by Rep. Holscher (D-Olathe) to prohibit taxpayer funds from being used for penalties or settlements of sexual harassment claims and prohibit making such claims secret except at the request of the victim. Adopted on a voice vote.

Motion by Rep. Clayton (R-Overland Park) on legislative transparency would have required names on bills. Objections and challenges came from Rep. Schwab (R-Olathe) first on germaneness (it was ruled germane) and then as not allowed under the rules. The Rules Committee determined that the amendment was out of order because changes to rules have to be done through resolutions.

Motion by Rep. Parker (D-Overland Park) to expand Medicaid. It was challenged on germaneness but found to be germane. Failed 56 to 66.

Motion by Rep. Whitmer (R-Wichita) to strip $45 million out of K-12 funding (the money he says KSDE spent illegally) and transfer it to higher ed. The amendment would also freeze tuition. The motion failed.

A motion by Rep. Garber (R-Sabetha) to stop state money from going to any city or county in Kansas that adopts a resolution or law contrary to federal law (can you say “sanctuary cities?”). Under questioning, it became clear Garber had no real understanding of the extent of his amendment. For example, if a city adopted a gun resolution that was more liberal on gun ownership than federal law, the state could not provide any funding. Failed 28 to 69.

The bill was advanced on a voice vote with the final action vote this morning.

School Finance Fix

Last night, once the budget was done and the House went home, the Appropriations Committee met and moved the contents of HB 2796 into SB 61, creating Sub for SB 61 – the school finance $80 million fix. What it does is provide a mandate that every district levy a 15% LOB (they all do now) and direct that the money raised be counted towards adequacy by the Court. It also removes the language that took $80 million out of what was believed to have been in SB 423. Sub for SB 61 is a simple fix of the problem discovered on April 9.

The bill was brought to the floor for debate this morning.

The first amendment was offered by Rep. Jerry Stogsdill (D-Prairie Village) and it was a big one. It would have stripped out the mandatory LOB language, added the “Trimmer amendment” that increases BASE aid, added the “Pittman amendment” that brings special education funding up to the statutory 92% reimbursement, ends the cap on bond and interest and adds funding for parents as teachers and the ABC therapy program (two programs wanted by the Senate).

The amendment was challenged on germaneness because Sub for SB 61 is a simple policy fix and the amendment is an appropriation. After a long delay, the challenge was withdrawn and the debate on the Stogsdill amendment went on.

In the end, the Stogsdill amendment was defeated by a vote of 42 to 78.

The next amendment came from Rep. Sydney Carlin (D-Manhattan). This one would just repeal the cap on bond and interest; it was one part of the prior amendment. The amendment failed on a vote of 53 to 66.

Rep. Jeff Pittman (D-Leavenworth) offered an amendment to increase special education aid from 84% as in SB 423 to 85% – an additional $6 million. This amendment failed on a vote of 49 to 68.

Rep. Jarrod Ousley (D-Merriam) offered an amendment to allow other districts to enter the mental health pilot program and expand cooperative opportunities. The original Landwehr amendment specified which districts could participate. Ousley’s amendment carefully kept the Landwehr amendment intact but would merely allow the State Board to choose other districts that could participate. Landwehr opposed the Ousley amendment. The amendment failed on a vote of 43 to 77.

Rep. Kristey Williams (R-Augusta) offered an amendment to mandate a 2.5% pay raise for all teachers. It was ruled not germane because you can’t put an appropriation proviso in a policy bill.

Rep. Melissa Rooker (R-Fairway) offered an amendment stripping out the requirement that a certain percentage of LOB dollars must be directed to the at-risk and bilingual programs based on the percentage of students in those programs. Districts should be able to decide how best to expend the dollars they get to serve their students. Rooker believes the requirement is a likely violation of equity.

Williams opposed the Rooker amendment because 248 school districts have LOB authority they are not using including her own district. They have taxing authority they are not using – they should look at their own effort and if they need money, they should go to 33%.

The Rooker amendment, the last amendment of the day, failed on a vote of 54 to 64.

In the end, not one amendment was adopted and Chairman Fred Patton (R-Topeka) who argued for a “clean fix” bill with no amendments got exactly what he wanted.

The bill was advanced on a voice vote.

Later, on emergency final action, the bill was passed on a vote of 92 to 27.

 

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Quiet Day One of Wrap-up Session

Apr 26, 2018 by

Day one of the 2018 legislative wrap-up session was a quiet one. A number of conference committee reports were adopted and some new bills were introduced. The House was done shortly after noon today and the Senate later in the afternoon. Neither chamber planned to work into the night as this is the day of annual Legislative Shrimp Peel, an event to raise money for Kansas Special Olympics.

School Finance Measures

Of the bills introduced in the House, several were addressing the error in SB 423, the school finance bill. We don’t have the numbers yet and they won’t be available online until later but here’s what we understand about three of them:

HB 2796 – This would repeal the mandatory LOB provision that caused the error, restore other LOB provisions that had been changed, and adjust BASE aid accordingly.

HB 2797 – This would somehow amend the mandatory LOB provision so that the lost $80 million would be restored but we believe would keep the mandatory 15% LOB levy.

HB 2798 – This would strike provisions requiring school districts to adopt a minimum local option budget and transfer funds from the supplemental general fund to certain categorical funds; restore certain provisions relating to local option budgets and adjust the BASE aid accordingly.

There was another bill read in – probably HB 2799 – that would do what HB 2798 does and increase BASE aid by adjusting how the cost of living index was applied. It would also increase special education aid to the statutory 92% reimbursement and repeal a cap on bond and interest payments.

There is also a bill in the Senate (we do not have a number yet) that we understand is the same as HB 2796.

We will be keeping an eye on these bills as the session continues.

The KPERS Repayment

Yesterday we reported on a Governor’s Budget Amendment (GBA) that would prepay $82 million in money owed to KPERS. KNEA supported the GBA. The House Appropriations Committee not only supported it, they augmented it by increasing the payment to $192 million before passing their budget bill out of committee.

In response to good revenue projections, the budget committees now have the ability to not just afford the school finance costs in SB 423 but to do good work in other areas as well. These revenue projections are why there is a move to increase the funding in the school finance plan which would, in turn, raise the chances of the plan being constitutionally adequate thus keeping our schools open and ending the need for a special session.

But after adding the increased spending to the budget bill, the committee adopted an amendment by Rep. Brenda Landwehr (R-Wichita) that would lapse all the new spending if the Supreme Court did not accept the school finance plan. House Minority Leader Jim Ward (D-Wichita) said the Landwehr amendment was cruel in that it “dangles money” in front of constituents only to pull it back based on the Court ruling. 

The Landwehr amendment was adopted after an 11 to 11 tie vote with Committee Chair Troy Waymaster (R-Bunker Hill) breaking the tie with his YES vote.

In other words, don’t count on the KPERS restoration just yet.

The House will debate the budget bill tomorrow.

House Doesn’t Take the Senate’s Massive Tax Cut

The House did take action today on Sub for HB 2228, the Brownbackian tax cut bill passed by the Senate on April 7. Because the Senate put the plan in a House bill, the House could not amend it, only vote to concur or non-concur in the changes.

Tax Committee Chairman Steven Johnson (R-Assaria) made a motion to non-concur in the Senate changes and send the bill to a conference committee. That motion was passed on a voice vote. What this action means is the chances of the House adopting the Senate tax cuts is remote but what tax cut bill might emerge from conference is anyone’s guess.

KNEA continues to believe that Kansas would be best served if legislators would resist the urge to cut taxes while we are only 10 months into recovery from the disastrous Brownback tax experiment.

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Bills Debated Yesterday Pass on Final Action Today

Mar 28, 2018 by

Four education bills debated yesterday, one in the House and three in the Senate, were all passed on final action votes this morning.

In the House, HB 2773, the Safe and Secure Schools Act was passed on a vote of 119-5. The bill, which was supported by KNEA, would require the State Board of Education to work with other agencies to develop standards for school security and school safety plans. Local school districts would be required to develop security and safety plans and submit those plans to the State Department of Education. The bill would also allow schools to offer firearms safety instruction using the NRA’s Eddie Eagle program or another research-based program. Such instruction would be optional.

The Senate passed three bills:

SB 352 makes adjustments to the school transportation formula, moving the funding for transportation from the highway department to the state general fund and codifying in a slightly different way than the “curve of best fit” calculation being used by the State Department of Education in distributing funding.

SB 422 repeals the 10% at-risk funding floor and expanded uses of capital outlay funds – two issues flagged by the Supreme Court as equity violations in the last Gannon decision. The bill also changes two LOB provisions that the Court deemed to be equity violations. One provision would have based LOB aid on the prior year’s LOB; that was repealed but the new bill requires advance notice to the state of a district’s intent to raise the LOB. The other provision dealt with changes in the LOB election process. The new bill allows a protest petition process for LOB increases. Some believe that this will still not be acceptable because of evidence that it is much more difficult to raise a property tax in a low-income community than it is in a wealthy community.

Both of these bills go now to the House which is working on its own transportation and equity fixes.

The Senate also passed Sub for HB 2602, the bill establishing the dyslexia task force. This bill had already passed the House but the Senate made changes to the make-up of the task force. The bill now goes back to the House for a vote to either concur in the Senate changes (and send the bill to Governor Colyer) or to non-concur and form a conference committee. Advocate groups believe the changes to the bill made by the Senate are improvements over the House version and hope the House will simply concur and move the bill to the Governor for quick action.

 

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Thank a Legislator! Considering Fixes to Equity

Mar 13, 2018 by

What’s a Great Way to Say “Thank You” to Representatives Who Support Kansas Teachers?

Last week, 73 members of the Kansas House of Representatives voted to restore due process rights to Kansas teachers, sending the bill over to the Senate where it awaits a hearing now.

Recent news has revealed that while Kansas teachers are 42nd in the nation in teacher salaries, they are dead last in pay when compared to private sector workers in their own state. For every dollar earned in the private sector in Kansas, a Kansas teacher earns 71 cents. On top of that, the retirement system for new Kansas teachers is significantly worse than that provided in our neighboring states. And then, to add insult to injury, the Kansas Legislative Research Department reported that Kansas is one of only two states in the nation that have no job security measures – such as due process – for teachers. These are three big reasons why Kansas is struggling to find teachers to staff our classrooms and why young Kansans are choosing alternative occupations.

So we should be thanking those legislators who are trying to turn this around every chance we get.

If your Representative is one of the 73, you can click here to find a thank you note to post on your social media feeds – Facebook, Instagram, Twitter, any and all channels.

Looking at Solving the Equity Issues

In Gannon, the Supreme Court found four provisions of SB 19 that violate equity in the school finance formula.

  • The 10% at-risk floor,
  • The expansion of capital outlay to include utilities and property and casualty insurance,
  • The election provisions on LOB increases, and
  • Basing LOB funding on the prior year’s LOB.

HB 2445 would repeal the first two and make changes to the other two to bring the formula into compliance.

The bill provides that LOB increase elections would be subject to protest petition and possible election. Schools for Fair Funding suggested that it would be more equitable to allow LOB increases based solely on a resolution and vote of the school board. The Kansas City, KS schools brought compelling evidence that school districts with a low assessed valuation per pupil have a significantly greater challenge in winning an LOB election than communities with a high AVPP.

The bill would base LOB payments on current year levels but would require districts to notify the state by April 1 of their intent to seek a higher LOB. The intent of this provision is to give the state legislature more predictability in funding needs.

The bill also would codify into law the current practice in distributing transportation aid on a “curve of best fit.” This was a recommendation of the Legislative Post Audit.

The Kansas Policy Institute testified in opposition to the bill but had no alternative ways to meet the Court’s ruling. In fact, when asked by Rep. Steve Huebert (R-Valley Center) asked what Dave Trabert’s advice would be in addressing the Court, Trabert responded that he would tell the Court, “Thank you for your opinion, we’ll take it under advisement.” In other words, just defy the Court and let our schools close. What great advice!

 

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Your Action Needed Now!

Feb 6, 2015 by

House Ed Committee to debate changes to PNA!

Take action now!

On Tuesday of next week, the House Education Committee is set to debate and possibly vote on HB 2034, the “minority report” bill changing collective bargaining for teachers.

This bill is opposed by KNEA, the Kansas Association of School Boards, United School Administrators/KS, and the Kansas School Superintendents Association.

The four educational organizations have offered a separate bill with suggested improvements to the Professional Negotiations Act that would make bargaining more efficient, more effective, and more focused.

Contact the members of the House Education Committee and urge them to reject HB 2034 and instead adopt the agreement offered by KNEA, KASB, USA/KS, and KSSA.

The members of the committee are listed below. Their names are linked to their email addresses.

Ron Highland

Jerry Lunn

Valdenia Winn

John Barker

Tony Barton

Sue Boldra

John Bradford

Carolyn Bridges

Rob Bruchman

Diana Dierks

Willie Dove

John Ewy

Amanda Grosserode

Dennis Hedke

Nancy Lusk

Charles Macheers

Marc Rhoades

Chuck Smith

Ed Trimmer

 


Anti-education

Governor Brownback and the Kansas Legislature are ramping up their attacks on the education community in the hopes that Kansans will “pay no attention to the man behind the curtain.”

Yesterday Brownback announced $44.5 million in cuts to education ($28.3 million from K-12; $16.2 million from higher ed) to take effect in March. The cuts are needed thanks to the reckless income tax cuts passed at the Governor’s behest. Revenue continues to plummet and the promised “shot of adrenaline to the heart of the Kansas economy” has not materialized. Yet still, Brownback insists that his plan is working and he will “stay the course.”

The legislature is also considering changes to LOB state aid calculations that would reduce school funding by $39 million and they will be delaying capital outlay payments to schools to address a “cash flow” problem.

The cuts announced yesterday include a 1.5% across the board cut to K-12 schools (about $42 off of Base State Aid Per Pupil this year) and a 2% cut to higher education. Specified were cuts to each of the Regents 4-year institutions and an additional $4.5 million to be cut from community colleges and tech colleges.

Anti-KNEA

But apparently part of the problem is that the KNEA is controlling school board elections. That’s why Sen. Mitch Holmes needed to introduce legislation moving school board elections to November. Said Holmes, “The teachers unions do not want to give up the majority they currently enjoy in low turnout, off-cycle elections,” (Read more here: http://www.kansas.com/news/politics-government/article9366713.html#storylink=cpy)

We suppose Holmes wants you to believe that teachers unions control the school boards and that’s why school spending goes up – you know, to cover the enormous salary increases being granted by the union-controlled school boards.

In reality, moving school board elections to November and making them partisan will simply result in turning local elections into the kind of election circus one sees with state and federal elections. Imagine the kind of mail you’ll be getting for school board candidates!

Anti-intellectual

Another big part of the problem in Kansas today is apparently being caused by liberal elite college professors writing in our newspapers. Sen. Forrest Knox has introduced a bill to require that the Regents universities adopt policies prohibiting professors from identifying themselves as professors when writing editorials or op-eds. We wouldn’t want readers to know that the writer might be educated or knowledgeable on the topic of the editorial especially if that editorial might be critical of Governor Brownback or the Kansas Legislature.

There is speculation that this bill is directed at a group of Kansas professors writing as Insight Kansas. Included in Insight Kansas are political science professors like Burdett Loomis at KU and Chapman Rackaway at Fort Hays State. (Read more here: http://cjonline.com/news/2015-02-05/legislation-bans-professors-using-titles-newspaper-columns)

Anti-piano

And now we need to stop that piano! It seems that the Kansas City, Kansas School District purchased a grand piano for $48,000. The Governor cited this purchase in his press release announcing his education cuts. Brownback said the district should have hired a teacher instead.

Facts conveniently ignored by critics of the purchase:

  • The piano replaces one that is at least 40 years old.
  • The piano was for Sumner Academy, a nationally recognized high school that has an arts focus.
  • The piano is used to help students prepare for concerts and auditions when applying for prestigious post-secondary music programs.
  • Sumner Academy and the KCK Schools serve predominantly low-income students who would otherwise not have access to such an instrument.

But we should not be surprised. This is the Governor that made a name for himself early in his first term by ending the Kansas Arts Commission.

So, pay no attention to the “men” behind the curtain. The first string they pulled dismantled the state’s revenue stream. Now they’re dismantling state services, silencing dissent, and hiding behind straw pianos.

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