Publications: SAC Legislative Bulletin

SAC Legislative Bulletin

March 03, 2006

SAC Legislative Bulletin

The official legislative newsletter for the School Administrators Coalition (SAC) which includes

MASA, MAESP, MASSP, MO-CASE, MUSIC, MO K-8, MARE, MSHSAA, & MAPT

For a complete listing of bill summaries that impact education go to
http://www.mcsa.org/reference

If you can not access this link, simply copy and paste the above address in your browser.

TUITION TAX CREDITS

HB 1783 sponsored by Rep. Bearden would create the Missouri "Student Success Scholarship" Tax Credit program and provide a one hundred percent tax credit for contributions to educational assistance organizations to fund scholarships for eligible students in the Kansas City, St. Louis City, and Wellston Public Schools. HB 1783 has been assigned to the House Special Committee on Urban Issues and is expected to be heard very soon (either next week or the week following).

Passage of this bill is a top priority of the House of Representatives and it will take a very strong lobbying effort by the entire education community to defeat the bill. Detailed information about the bill and talking points for lobbying against the bill are included as links to this bulletin.

We need for you to do the following as soon as possible:

1. Contact your state representative and talk to him/her about HB 1783. Explain your reasons for opposing the bill.

2. Explain the importance of this bill to the entire public education community and ask him/her to vote "no" on HB 1783.

3. Categorize the response you get regarding HB 1783 into one of four categories. Either "yes" or "leaning yes" or "leaning no" or "no".

4. Email your response to Penney Rector at penney.rector@mcsa.org or fax your response to Penney Rector at 573-556-6270.

5. Please complete the above tasks as soon as possible as our timeline for action is short.

The name and phone number of your state representative is provided at the bottom of this email.

SIXTY-SIX AND TWO-THIRDS

SOLUTION OR DILEMMA

HB 1582 sponsored by Rep. Muschany remained in the House Special Committee on Student Achievement and Finance this past week, presumably, because the vote count to pass the bill out of committee was deadlocked at a four to four count. The School Administrators Coalition (SAC) is strongly opposed to HB 1582 for a number of reasons (see SAC Legislative Bulletin No. 5). HB 1582 includes the following items:

1. Starting in fiscal year 2008, each school district is directed to adopt as a goal the expenditure of at least two-thirds of its current operational expenditures on classroom instruction.

2. Classroom instruction is defined, as previously, by the U. S. Department of Education Institute of Education Sciences but has been amended to add "library and media services" and "guidance service".

3. DESE shall ensure that actual classroom instruction expenditures are reported in both the districts annual accountability report card and in the departments "Report of the Public Schools" publication.

4. The State Board of Education shall report each January to the General Assembly and to the governor a list of the school districts that have met the goal of spending two-thirds of their operational budget on classroom instruction.

5. The State Board of Education shall, also, offer analysis regarding the effectiveness of the goal as well as statistical correlations regarding each districts educational outcomes and percent of current operational expenditures used for classroom instruction.

6. The governor shall annually publicly recognize those districts meeting the two-thirds goal for classroom expenditures as "Governors Students First Districts".

7. Upon approval of either SB 983 or HB 1582, the approved bill shall be placed on the statewide ballot in November, 2006 or at a special election to be called by the governor for that purpose.

SAC believes the following arguments against HB 1582 are most compelling:

1. The bill still contains a mandate for the public schools with language that states, "Each school district shall adopt as a goal the expenditure of at least two-thirds of its current operational expenditures on classroom instruction." This contrasts with the proponents argument that the bill has been watered down.

2. No positive correlation has been established between meeting the two-thirds expenditure requirement for instruction and student performance. In fact, Standard and Poors through their School Matters research conclude there is no significant correlation between any percentage spent on instruction and student proficiency rates.

3. The legislation can be considered a vote of "no confidence" in the ability of locally elected school board members to establish the proper priorities for spending school district revenues. Thereby, HB 1582 represents a significant erosion of local control.

The House Special Committee on Student Achievement and Finance includes the following members: Rep. Brian Baker, Chair, Rep. Carl Bearden, Rep. Joe Aull, Rep. Jane Bogetto, Rep. Michael Corcoran, Rep. Scott Muschany, Rep. Tim Flook, and Rep. Will Kraus. School administrators are urged to contact their state representative and to ask him/her to vote "no" on HB 1582.

SPECIAL COMMITTEE ON

STUDENT ACHIEVEMENT AND FINANCE

The Special Committee on Student Achievement and Finance met on Wednesday, March 1, and heard three bills: HB 1511, sponsored by Rep. Lager, HB 1770, sponsored by Rep. Baker, and HB 1769, also sponsored by Rep. Baker.

HB 1511 would require DESE to establish standards for early childhood programs receiving Title I or Missouri Preschool Project funds. Such standards would include a focus on cognitive, language, physical, social and emotional development; an assessment of student needs; and would require highly qualified, certificated teachers to be employed. The School Administrators Coalition testified for informational purposes, expressing support for the bill so long as it does not impact fee based early childhood programs exempted from the definition of "teacher" by SB 266, sponsored by Sen. Gibbons last session.

HB 1769 would prohibit registered sex offenders from entering school and daycare owned property unless the registered sex offender is the parent of a student and is dropping off or picking up their child, or the offender provides notice to the school or daycare center and is escorted by a school official while on the property.

HB 1770 would prohibit certain sex offenders from living within one mile of a school or daycare. This bill would not require current residents to move but would apply should a registered sex offender move after enactment of the bill.

In Executive Session, the committee voted the following bills "do pass":

HB 1511 (early childhood standards referenced above) was voted "do pass" as a consent bill.

HCS HB 1180, sponsored by Rep. Corcoran, was voted "do pass" as a consent bill. HCS HB 1180 would allow a school district to petition DESE for a waiver of the financial penalty and allow the school district to transport children who live less than one mile from the school when a dangerous condition exists or safety reasons necessitate that the child be transported.

HB 1770 and HB 1769 (referenced above) were combined and voted do pass with clarification to insure that only registered sex offenders would be subject to the provisions of the HB 1769.

SUMMER SCHOOL PENALTY

SB 644, sponsored by Sen. Shields, would phase out the summer school penalty enacted last session as reliance upon the new formula is phased in. The gifted penalty would remain intact as it is not addressed by SB 644. The Senate Education Committee voted the bill do pass on February 7, 2006, and the bill is now on the Senate informal calendar awaiting perfection. The bill may be debated at any time on the Senate floor. The School Administrators Coalition supports elimination of the summer school and gifted penalties and encourages administrators to contact their representatives to express support. The School Administrators Coalition is strongly in support of gifted education programs but does not want school districts to be penalized when gifted student populations fluctuate through no fault of the school districts.

HB 1273 and HB 1136, sponsored by Rep. Baker and Rep. Ervin respectively, were heard jointly in early February by the Special Committee on Student Achievement and Finance chaired by Rep. Baker. The bills are identical and would eliminate the summer school penalty enacted last session. Both bills initially included repeal of the gifted penalty but were amended at hearing to require school districts to identify gifted students in accordance with current MSIP requirements and to reinstate the penalty should gifted participation drop by forty percent or more. The bills have not yet been placed on the House calendar for debate on the House floor.

TAX INCREMENT FINANCING

SCS SB 832 would modify tax increment financing laws to include, in part: prohibit use of tax increment financing for projects located in one hundred year flood plains except river front development projects and projects located within the incorporated limits of a municipality; prohibit the use of tax increment financing for certain Greenfield development; prohibit the use of tax increment financing for development of previously undeveloped or vacant land when the development will be predominantly residential; prohibit certain members of the tax increment finance commission from being employees of the municipality; and allow for referendum petitions in opposition to tax increment financing projects in those municipalities that do not currently possess such authority. SCS SB 832 is on the Senate informal calendar awaiting debate in the Senate floor.

HCS HB 1070, sponsored by Rep. Johnson, would redefine the term "blighted area" by setting forth criteria that must be met to establish blight; restrict the use of tax increment financing for vacant land; redefine the term conservation area; require that real property tax revenues attributable to the residential portion of a development pass through directly to the affected school districts unless commission members representing the affected districts agree to forego the revenue; require a super majority vote to proceed with a project if the tax increment financing commission makes a negative recommendation or a percentage of registered voters request reconsideration of the decision to proceed with the project; and authorize projects within the one hundred year flood plain in St. Charles County if certain conditions are fulfilled. HCS HB 1070 was taken up for perfection in the House on March 1 and immediately laid over. The bill can be taken up for debate at any time in the House.

SENATE EDUCATION COMMITTEE

The Senate Education Committee met on Tuesday, February 28, and considered the following bills: SB 970, sponsored by Sen. Gross, would adjust the foundation formula to compensate for decreases in funds received from fines. Both formula and hold harmless districts would benefit from the adjustment for the decline in fine receipts. SB 947, sponsored by Sen. Shields, would establish early childhood standards for programs receiving Title I or Missouri Preschool Projects funds. This bill is identical to HB 1511. SB 834, sponsored by Sen. Nodler, would amend Missouris special education statutes to comply with amendments enacted with the reauthorization of the IDEA. And, SB 894, sponsored by Sen. Nodler, would require school districts with levies below the average levy of the performance districts to annually certify to DESE that they are providing an adequate education to students. If these districts assert that they are not providing an adequate education, the bill would create a legal presumption that any inadequacy is due to a lack of sufficient local effort.

The Committee voted the following bills "do pass" during executive session:

SB 947, sponsored by Sen. Shields, would require DESE to establish standards for early childhood programs receiving Title I or Missouri Preschool Project funds, as referenced above.

SB 834, sponsored by Sen. Nodler, would amend Missouris special education statutes to comply with amendments brought about by the reauthorization of the IDEA.

SCS SB 894, sponsored by Sen. Nodler, would require "low-levy" school districts to annually certify that they are providing an adequate education to students, and any failure to provide an adequate education would be presumed to be due to a lack of sufficient local effort. The bill was amended to exclude the special school districts located in St. Louis County and Pemiscot County.

HOUSE ELEMENTARY AND SECONDARY

EDUCATION COMMITTEE

The House Elementary and Secondary Education Committee met on Wednesday, March 1, and considered three bills:

HB 1281, sponsored by Rep. Robb, would alter the fee the state auditor charges to register bonds. Currently the auditor charges one-tenth of one percent of the total bond proceeds. The bill would establish a $50 per hour rate to register bonds. HB 1474, sponsored by Rep. Chinn, would establish the Founding Documents Protection Act and provide that no teacher, administrator or school board member could be prohibited from reading or posting certain historical documents, statements and verses. HB 1059, sponsored by Rep. Cunningham, would establish procedures for the evaluation of credits for students transferring into a Missouri public school from out of state, from an unaccredited public or private school, or from the home school setting.

In executive session, the committee voted HB 1281 (relating to the auditors fee) do pass, and voted HCS HB 1449, sponsored by Rep. Wright, "do pass" as a consent bill. HCS HB 1449 would allow retired teachers to return to the school district to substitute or work part-time without undergoing a background check, so long as they return to the district within one year of retirement.

OTHER HEARINGS OF INTEREST

HB 1075, sponsored by Cynthia Davis, was voted "do pass" by the House Children and Families Committee. The bill would alter the way in which school districts can present information relating to contraception and sexually transmitted diseases. In addition, entities that provide abortion services could not provide materials, information or instruction for use in the classroom.

HB 1678, sponsored by Rep. Rupp, and the companion bill SB 1004, sponsored by Sen. Days, were heard in the House Children and Families Committee and the Senate Aging, Families and Mental Health Committee, respectively. These bills remove a sunset provision from the early childhood special education First Steps program.

HB 1732, sponsored by Rep. Fraser, was heard in the House Health Care Policy Committee and would allow students to self administer physician approved medications for asthma and anaphylaxis.