Sex, Equity, Bonding, and Procurement…Lots Going On Under the Dome!

Mar 16, 2016 by

House Passes Over Sex Ed Bill for Today

HB 2199, the bill requiring that human sexuality education be offered only on an “opt-in” basis, was up for debate today on the House floor. After debating three other bills, a motion was made to rise and report meaning that the bill was not debated today. It remains on the calendar and is available for debate later.

Under current law, local school boards can make a determination whether to offer human sexuality education on an opt-in or opt-out basis depending on their own community. This bill would disallow the opt-out option.

There is general agreement that opt-in programs have lower participation than opt-out. Many worry that without human sexuality education, some students will not get age appropriate education. As a result, it is possible that there could be an increase in sexually transmitted diseases and teen pregnancies.

The bill went further in that it would prohibit a school district from exposing any child who had not opted in to the program to any program materials. This provision stemmed from a parent complaint in the Shawnee Mission School District. One child photographed a controversial poster in a classroom that was part of the adopted human sexuality program.

If passed as is, the district would have to ensure that no child who is not in the program cannot see any program materials. The district would have to ensure that, if a classroom is used for both human sexuality and another subject, no materials from the human sexuality program could be seen. Additionally, the district would have to find a way to keep students in the program from sharing anything from the program with others. This would be impossible to enforce.

KNEA opposes this bill and believes school districts and boards will make the appropriate decisions for their own communities.


Ways and Means Takes Up Masterson Equity Bill

The Senate Ways and Means Committee today held a hearing on SB 512, Senator Masterson’s (R-Andover) bill intended to address the equity ruling of the Kansas Supreme Court.

While the bill shares some similarities to the Ryckman bill (HB 2731) heard in the House yesterday, it differs in one pretty significant way. Both bills return to the equity formula provisions in place before passage of the block grant bill (SB 7) and both bills repeal the extraordinary needs fund in order to find some money for fix. But while the House Bill looks to spend an additional $23 million, the Senate Bill simply rearranges some existing school funding to bridge the gap between the $17 million from the extraordinary needs fund and the actual cost of restoring equity.

Dave Trabert of the Kansas Policy Institute expressed some support for the Senate Bill because it provides no additional funding to schools.

Problems with both bills are that 1) they eliminated the extraordinary needs fund which is the only place districts can go in the event of large changes in property values or student demographics/enrollment and 2) they create winners and losers, something that is especially problematic at a time when schools have been flat funded.

And while the block grant would allegedly let schools know what they would get in funding for its duration, they would actually cut funding to some districts. One also wonders what impact the elimination of the extraordinary needs fund would have on the adequacy case still pending in the Courts.

No action has been taken as of yet on either bill.


Bond & Interest Review Panel Bill in Senate

The bill creating the Bond and Interest Review Panel was taken up once again in the Senate Education Committee today. Senate Bill 356 as introduced was very similar to House Bill 2456, worked in the House Education Committee yesterday.

While the bill was up to be worked today in Committee, no action was yet taken. Senator Molly Baumgardner (R-Louisburg) has proposed an amendment to the bill changing the review panel structure which has been floating in committee since the bill was first debated. And today, Senator Vickie Schmidt (R-Topeka) has offered to amend the bill to match the changes made yesterday to HB 2456 with the Trimmer and Bradford amendments.

The Senate Committee will need to return to the bill later to determine which way to go.


Education Budget Committee Considers Procurement Restrictions for Schools

The House Education Budget Committee today is discussing HB 2729, a bill crafted based on a recommendation from the Alvarez and Marsal Efficiency Study.

The first section of the bill would require school districts to make purchases through the Department of Administration’s Procurement List. This list is agreements for bulk purchasing that saves the state money.

The bill provides a few exceptions the requirement:

  • Such items or services may be procured locally in an amount within 1% of total procurement cost of the amount the department is able to procure the same items or services;
  • such items or services may be procured through an education service center;
  • (such board of education determines in writing that such items have a material quality difference that would negatively impact student performance or outcomes as long as the secretary agrees with such determination in writing; or
  • prior to July 1, 2018, a contract for the procurement of such items or services in existence on July 1, 2016, is still in existence.

There is concern in school districts with a provision in section 2 that would make the above apply to the purchase of any services over $20,000. There are services that a district might purchase that cost over $20,000 such as attorney representation that, under current law, would be exempt from the standard bid procedure. Current law requires bidding and the selection of the lowest bid for “construction, reconstruction or remodeling or for the purchase of materials, goods or wares…” It specifically exempts services.

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Supreme Court Takeover – TAKE ACTION!

Feb 2, 2016 by

Big Day on the House Floor Tomorrow! Governor Brownback Wants Control of the Supreme Court!

House Concurrent Resolution 5005 will be debated on the House floor tomorrow. This resolution has been demanded for several years by Governor Brownback and legislators opposed to the school finance decisions handed down by the Kansas Supreme Court

Under the Kansas Constitution, a Supreme Court Nominating Commission first reviews the qualifications of persons who wish to be appointed. That commission, made up of representatives of the legal profession, chooses the three most qualified applicants to the Governor who selects one of the three to sit on the Supreme Court. This is known as the “merit selection system.” It is in the constitution to ensure that selection of justices is not a political decision and that justices are not subject to the prevailing political winds and instead focus on the law itself.

HCR 5005 would give the Governor full power to select justices on his/her own subject only to a confirmation vote by the Kansas Senate. As has become all too common in the federal system which HCR 5005 mimics, the selection of justices would become highly politicized in an attempt to ensure that the courts will uphold the political ideology of the Governor regardless of the rule of law.

KNEA opposes HCR 5005. Since it is a constitutional amendment, it would have to be placed on the ballot for a vote of the people. To get on the ballot the resolution must get a supermajority in the legislature – 84 votes in the House.

Let your Representative know that HCR 5005 is bad policy. Keep our courts objective and focused on the law, not politics. Click here for a House roster with links to emails.


House Ed Committee Hears Tax Credit/Voucher Bill

On day two of Bradford week in the House Education Committee, a hearing was held on HB 2457. This bill takes the current corporate tax credits for private school vouchers law and expands it exponentially.

HB 2457 would:

  • make the tax credits available to corporations and individuals,
  • eliminate the requirement that an eligible student is an at-risk student,
  • eliminate the requirement that an eligible student is in a public school now,
  • eliminate the requirement that an eligible student is currently in a Title 1 Priority or Focus school,
  • set income eligibility as 250% of the federal poverty level which is more than $60,000,
  • change the tax credit from 70% to 100%,
  • increase the tax loss to the state treasury to $12.5 million.

The proponents of the bill were Rep. John Bradford (R-Lansing), the Kansas Policy Institute, Americans for Prosperity, the Kansas Chamber of Commerce, Success for Kansas Students (represented by former public school superintendent Bart Goering), Bishop Wade Moore of Wichita (founder of Urban Preparatory Academy), and the Kansas Catholic Conference.

Opponents were parent groups Game on for Kansas Schools, Kansas Families for Education, the Kansas PTA, Mainstream Coalition, and the Goddard Education Foundation; public school groups KNEA, KASB, Northwest Kansas Educational Service Center, USD 501 Topeka, and USD 204 Bonner Springs; individual opposing were David Hand of Kanopolis and Marvin Miller of Wichita.

We will continue to watch this bill in the event that the committee chooses to work the bill.

Want to weigh in with the Committee members? Click here for Committee roster with links to their emails.

Tomorrow the Committee will have a hearing on HB 2504, Bradford’s massive school consolidation bill.

What do you think about expansion of tax credit vouchers for private schools?  Take our survey now.

 


House Commerce Committee Considers Bargaining Transparency

A bill requiring public collective bargaining meetings to be held in open meetings, HB 2325, had a hearing in the House Judiciary Committee today. KNEA testified as neutral on the bill since its provisions already apply to the Professional Negotiations Act under which teachers and community college/tech college instructors negotiate.

Appearing in support of the bill were AFT/Kansas and the Kansas Organization of State Employees. The Kansas Chamber of Commerce submitted written testimony in support. Negotiations under the Public Employer Employee Relations Act (PEERA) are not currently open. Our fellow public employee unions felt opening the meetings would be beneficial to the process.

Opposition came from the Fraternal Order of Police and the Kansas State Troopers Association.

No action was taken on the bill today.


House Judiciary Committee Hears Bill Criminalizing Teaching Materials

Senate Bill 56 rose from last year’s dustbin to get a hearing the House Judiciary Committee today. This bill was thought to be bottled up in Committee and is evidence that no bad idea ever really dies under the dome.

This is the bill that removes the “affirmative defense” from teachers.

Let’s say a parent files a complaint that you taught pornography by having your students read The Scarlet Letter in your literature class or you showed a photo of Michelangelo’s David in your art history class. Under current law you can use the affirmative defense of the literary, artistic, or educational value of the materials. This bill essentially says the complainer is right.

While we doubt that there would be many teachers dragged before grand juries, the bill would cause school districts and teachers to self-censor materials. If one has a student in class whose parent is likely to disapprove of a book, one will no longer teach that book.

This is a terrible policy that jeopardizes the quality of education in every building. It would apply to public and private school teachers in Kansas.

KNEA strongly opposes this bill. We urge you to ask the members of the committee to reject this censorship bill and protect the integrity of instructional programs. Click here to access a roster of committee members with links to their legislative email addresses.

Click here to read the bill. Note that it removes the defense from K-12 teachers but retains it for post-secondary instructors.

 

 

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