Legislative update from Sen. Steve Fitzgerald, R-5th Dist.

Sen. Steve Fitzgerald
Sen. Steve Fitzgerald

Sen. Steve Fitzgerald of Leavenworth, a Republican, represents the 5th District, which includes the Piper area of Kansas City, Kan.

Fighting over school dollars
Since its inception in 1992 the Kansas school finance formula has been a matter of contention in the courts. It has fueled both an ever increasing amount of money going to the school districts and constant lawsuits for even more money. And, why not? The lawyers suing the taxpayers are paid with tax dollars that are allocated for education.

At 49.2 percent Kansas is now third in the nation (up from fourth) for the percentage of budget that is allocated to K-12 education, far ahead of Massachusetts at 19.4 percent. Number two in the nation is Alabama at 51.3 percent. Continuing with the old formula would soon have us at number one in the nation – which could actually happen even with the new funding grants that are being adopted.

Educational achievement is another story. In virtually every category there has been little or no improvement in overall scores while every measure of spending is up or way up. There are many factors at play and money is only one.

Last year the legislature put $130 million into the school formula for equalization of school funding (helping poor districts) and two notable things happened. The amount became $200 million almost immediately but the legislature was not informed until months later – just the way the formula works. The formula also gave Johnson County schools $55 million of the money because of their poverty.

Meanwhile, other districts are struggling with funding shortfalls. Just because more money goes into the top does not mean that it gets to the districts that need it or to the classrooms and teachers that deserve it.
Money allocated for education has been going into the bank. Cash reserves of the school districts overall have been growing to embarrassing levels. There are many reasons for keeping reserves, but in many cases the increase has been significant. In the last four years the amount of money going to the school has been going up, the amount of money going into the district banks has been going up and the amount going to the lawyers suing for even more has been going up. The taxpayers are paying, excellent and good teachers are not getting the monetary recognition they deserve, and student achievement is stagnant. Something had to change.

Historically, Kansas schools have produced excellent students, good students, and other students. Teachers have a great effect on students; we commend them constantly and it is well deserved.

Poor teachers should be seeking other employment and it should not be difficult to help them on their way. Last year the legislature ended state mandated “tenure” for teachers and gave school districts more latitude in releasing under-performers. A bill in the legislature would help reward top performing teachers with significant monetary awards. But, it is not the role of the legislature to determine teacher pay – that belongs to the local school boards.

School boards like the old formula; they want more money. Teacher unions want more money. Well, to be fair, everyone wants more money. Not everyone can claim to have death grip on the future of the children – so the demands of the school-union group get a lot of attention and respect. Everyone wants the kids to have a good education and the best shot possible – everyone.

But, those questioning the costs are vilified as children haters, etc. The messages get pretty intense. Nonetheless, the legislature is passing a bill to stop using the old formula and go to block grants for the next few years while the funding issue is re-examined.

The absolute need for a change is convincing enough that legislators in both houses recognize that a complete overhaul is needed and “just give them more money” is not the answer that the teachers, the children, the parents, or the taxpayers deserve. A new look that will better allocate funds to actually result in better recognition of teaching excellence and increased student achievement is needed.

Bird flu found in Leavenworth County

Samples collected from a backyard poultry flock of chickens and ducks in Leavenworth County have returned a presumptive positive result for highly pathogenic avian influenza, according to the Kansas Department of Agriculture.

The samples were tested at the National Veterinary Service Lab, KDA reported late Friday afternoon.

According to a spokesman, KDA will establish a control zone around the premise. This case is the second one involving Kansas. Earlier, Cherokee and Crawford counties in southeast Kansas had been placed under surveillance after a confirmed case of the H5N2 strain of avian influenza was found in Jasper County, Mo., near Asbury earlier in the week.

Avian influenza is a contagious, rapidly spreading viral disease affecting birds. Outbreaks of a strain of avian influenza have occurred in Missouri, Arkansas, Minnesota, Oregon, Washington and Idaho and are not considered to be a threat to public health or the food supply.

Dr. Bill Brown, state animal health commissioner, confirmed that a response team from KDA’s Division of Animal Health and from USDA is being dispatched to the area to conduct surveillance activities and to collect additional sample from flocks within the control zone. “It is important to know where backyard flocks of poultry exist. We will be seeking information about the presence of backyard flocks in Leavenworth County,” he stated.

Avian influenza exists naturally in many wild birds and can be transmitted by contact with infected animals or ingestion of infected food or water. CDC considers the risk to people from these HPAI H5 infections in wild birds, backyard flocks and commercial poultry, to be low. No human infections with the virus have been detected at this time.

“We are dedicated to providing the necessary assistance and precautions to avoid any possible spreading of the disease,” Brown said. Symptoms in poultry include coughing, sneezing, respiratory distress, decreased egg production and sudden death.

If you suspect your flock has contracted the disease, quarantine the affected animals immediately. Also, be sure to restrict traffic on and off your farm and thoroughly disinfect any material leaving the farm such as tires, equipment and clothing. No effective treatment for the disease has been found. Infected animals must be humanely destroyed and disposed of properly to prevent the disease from spreading.

Although vaccines are available, they are not commonly used because no vaccine covers all 15 strains of the disease. Prevention is the best way to combat Avian Influenza. Keep wild birds away from your home or farm, and stay informed about the health of neighboring animals.

Anyone with questions may contact the KDA Division of Animal Health at 785-564-6601 or visit www.agriculture.ks.gov/avianinfluenza.

Man pleads guilty to theft of government funds

A Leavenworth man pleaded guilty Wednesday in U.S. District Court in Kansas City, Kan., to fraudulently collecting more than $46,000 in government benefits, U.S. Attorney Barry Grissom said.

Michael James Munsterman, 42, Leavenworth, Kan., pleaded guilty to one count of theft of government funds. In his plea, he admitted he received Supplemental Security Income, food stamps and Medicaid even though he did not qualify for those benefits.

In April 2011 he applied for SSI benefits claiming that he had a drug-induced heart condition that prevented him from working. He did not reveal to the government that he owned and operated a heating and cooling company and received substantial income from the business while he was receiving benefits. He also admitted that he concealed from the federal government his financial resources that far exceeded the eligibility criteria of the needs-based programs.

He fraudulently received a total of approximately $46,367 in government funds, the U.S. attorney’s office stated.

Sentencing is set for June 16. He faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. Pursuant to the plea agreement, Munsterman must also pay restitution to the victim-agencies. Grissom commended the Social Security Administration’s Office of Inspector General and Special Assistant U.S. Attorney Trey Alford for their work on the case.