From: Cheryl L. Semmel [csemmel@usa-ks.org]
Sent: Tuesday, May 06, 2008 10:52 AM
To: USA Office
Subject: USA|Kansas Legislative Update

Importance: High

USA|Kansas Legislative Update

Tuesday, May 06, 2008

Prepared by: Dodie Wellshear, Government Relations Consultant

 

                The Legislature ground to an abrupt halt Saturday evening, when differences between the House and Senate positions on the Omnibus Appropriations Bill reached a stalemate.  As the fourth year of school finance was included in SB 531, education funding is—for the first time in years—not being held to the end of the session.  (Yea!) The House did add a cost-of-living increase for KPERS retirees. Although it seems unlikely it will survive the conference committee process, it is still alive for committee discussion.

 

                A complete summary of K-12 legislation is being prepared and will go out to members within the next week, following adjournment of the 2008 Legislature.

 

Legislative tribute to Deputy Commissioner Dale Dennis

 

                The Legislature paid special tribute to Dale Dennis, deputy commissioner of KSDE, late last week for his decades of excellent service to K-12 education and to the State. Mr. Dennis will be inducted into the Kansas Education Hall of Fame in June.

 

                Also being inducted and receiving special legislative recognition was educator and House representative, Ed Trimmer (D-Winfield).

 

                USA|Kansas wishes to add its voice to that of the Legislature in recognizing these fine men for their years of very dedicated service to K-12 education in Kansas. If you would like to send your own expression of congratulations to Rep. Trimmer and Deputy Commissioner Dennis, their contact information is:

 

    Dale Dennis, KSDE, 120 SE 10th Avenue, Topeka KS, 66612-1182

 

    Rep. Ed Trimmer, 1402 E 9th Street, Winfield KS, 67156

 

School finance bill passes easily

                SB 531, which contains the “fourth-year” BSAPP for school year 2009-10, easily passed both chambers of the Legislature on Friday, by a vote of 101-19 in the House and 36-3 in the Senate.

 

                The bill was met with some resistance by certain legislators, who were particularly troubled by the so-called “ten-mile rule” that was added in conference committee action led by House Education chairman, Clay Aurand. Rep. John Faber (R-Brewster) made an early motion to “non-concur” with the Conference Committee Report on SB 531, but that was defeated by a vote of 38-74.

 

                Worth noting is that a dyslexia provision that had been included in the conference committee report was removed from the final bill. Rep. Jason Watkins (R-Wichita), who was the chief proponent of the dyslexia action, agreed to having it removed from the final bill as he had been advised by national experts that federal law prohibits students from being counted as truant if they are removed from school for a medical condition.

 

                Provisions of SB 531 include the following:

 

·         Fourth Year Base Funding—$59 BSAPP increase for school year 2009-2010, for a total of $37 million to be held in the Keeping Education Promises Trust Fund (lockbox).

 

·         Medicaid Replacement Aid—$9 million to be placed in a new special education fund that will be distributed to district and special education cooperatives based on the total headcount of students receiving Medicaid services on March 1 of every year. This measure is set to sunset after three years, in 2010, following a Special Education Task Force study of special education funding distribution.

 

·         Special Education Task Force—A task force comprised of 11 voting members would be appointed to study special education/Medicaid funding and make recommendations to the Legislature. One appointment each will be made by the Senate President, Senate Minority Leader, Speaker of the House, and House Minority Leader. USA|Kansas will make three appointments that are to both represent the three size categories detailed in the bill and to include a school business officer and a special education director. The Kansas Association of School Boards will also have three appointments that are to reflect the bill’s three size categories, and KNEA will have one appointment that is to be a special education teacher. The Commissioner of Education or her designee would sit on the Task Force as a non-voting member.

 

·         Hold Harmless for High- and Medium-Density At-Risk—Amends the high density at-risk weighting and creates a new “medium density” at risk pupil weighting, and establishes a “hold harmless” funding provision for those districts that no longer meet at-risk density requirements. Districts have an enrollment of 40-50% at-risk (free lunch) student would qualify for the new medium density weighting of 0.06. Districts with an enrollment of 50% or more free lunch students or an enrollment of at least 35.1% at-risk students and an enrollment density of at least 212.1 students per square mile would continue to qualify for the high density at-risk pupil weighting, at a factor of 0.10. Any district that loses eligibility for continuing either the medium or high density at-risk weighting would be covered by a new “hold harmless” provision that allows the district to receive the greater of the current school year’s weighting, the previous year’s, or a three-year average. This provision would have a three-year sunset.

 

·         School District Consolidation Incentives—Would allow school district consolidation agreements to include a “dual majority” vote requirement—each district must have a majority voting favorably—for approval. The bill amends current law regarding consolidation incentives as follows:

 

        o        Two districts with less than 150 students would receive only two years of combined budget protection, effective in 2011 (would retain current law provision of three years until July 1, 2011);

        o        Consolidations involving enrollment of 150-200 students in each district would receive four years of the combined budget; and

        o        District consolidations with more than 200 students in each district or consolidations involving three or more districts would receive five years of the combined budget.

 

·         Ten-Mile Bus Rule— Would allow students living more than ten miles from the school in their home district to attend school in an adjoining district, if the receiving district agrees to accept and provide transportation for the student.

 

Again, USA|Kansas will prepare a summary of legislation for members, following adjournment of the Legislature.