School finance bill lacking, Wyandotte County legislators say

Jim Birmingham asked a question about school finance and education issues at the legislative forum held Saturday morning at the West Wyandotte Library. (Staff photo)

by Mary Rupert

Wyandotte County legislators tackled the subject of school finance legislation that passed this session at a public forum Saturday at the West Wyandotte Library, 1737 N. 82nd, Kansas City, Kan.

The forum was sponsored by the Kansas City, Kan., Area Chamber of Commerce. A school finance bill passed and is on the governor’s desk, awaiting his signature.

While the school districts did get an increase of $73 million statewide, the legislative session itself was not particularly good for issues that were supported by Wyandotte County residents and the local boards, according to legislators.

“Draining” was how Rep. Tom Burroughs described the legislative session. “Strenuous,” said Rep. Louis Ruiz, “the most bizarre since I’ve been here.” And Rep. Valdenia Winn said it was “a little challenging,” but she will “continue to fight for the people.”

Some of the legislators agreed that the trend is to chip away at benefits for the needy and at local control.

Jim Birmingham asked the legislators at the forum about some of this year’s education issues, including allowing districts to increase local property taxes, and eliminating due process for teachers.

Wyandotte County legislators met with the public during a forum Saturday morning at the West Wyandotte Library, 1737 N. 82nd. At the forum were Rep. Pam Curtis, Rep. Tom Burroughs, Rep. Louis Ruiz, Rep. Stan Frownfelter, Rep. Kathy Wolfe Moore, Sen. Pat Pettey, Rep. Val Winn, Sen. Steve Fitzgerald and Sen. David Haley. The forum was sponsored by the Kansas City, Kan., Area Chamber of Commerce. (Staff photo)

School funding

Sen. Pat Pettey, D-6th Dist., said legislators were biding their time for much of the session, waiting for the Kansas Supreme Court ruling to come down.

The education funding bill that passed directs a commission to study efficiency. Sen. Pettey said.

Public education is the big money cost in the state government, she said, and in any business, employees are the biggest expense.

Traditionally, the state derives most of its income from income taxes, sales taxes and property taxes. In the last few years, the income tax revenues have been reduced in a plan that the governor had hoped would lead to more economic development and more companies locating in the state.

However, if state revenues decline, a shift is inevitable to make local taxpayers pick up the slack through local property taxes, according to local legislators.

“We’re not going to be able to pay our bills in another year because of the changes in the tax laws,” Sen. Pettey said. “We are constantly going to be saying, ‘Hey, you’ve got to do this job better, but with less money.’”

When the state is not going to pick up its part of the pie, the financial burden will fall to the local units of government to increase the local option budget to pay more for public education.

The court ruling allowed districts already at 31 percent of their Local Option Budget to go to 33 percent without an election, but none of the school districts in Wyandotte County are at 31, so if they want to increase it, they will have to have an election, she said.

“This question between the haves and the have-nots is never going to go away, it’s always going to continue,” Sen. Pettey said.

A new court case has been brought by Johnson County parents to take away the cap on the LOB, she said.

In the long run, she said, if there’s not going to be any money, everybody is going to be biting the other person’s hand to get their share, and they’re not going to get any money.

Due process

The loss of due process for teachers also drew some legislators’ comments.

Sen. Pettey pointed out there were already procedures in place to terminate teachers that could be used, instead of eliminating due process. Wanting to eliminate due process – “I call it whining and not wanting to do your job,” she said. “If you think a teacher is not doing their job, then you should be doing your job to help them improve or help them move on to a new location,” Sen. Pettey said.

Bill Reardon, a former state representative who is a lobbyist for the Kansas City, Kan., Public Schools, said those in favor of eliminating due process had said there were hundreds of these cases a year where districts couldn’t fire bad teachers.

Out of 286 districts, with 50,000 plus teachers, there have only been 10 cases a year asking for these due-process hearings, Reardon said.

Reardon said the Kansas City, Kan., district is currently looking at the possibility of continuing due process for teachers even if this bill is signed into law and due process is not required.

Rep. Kathy Wolfe Moore, Sen. Pat Pettey and Rep. Valdenia Winn discussed education issues during a forum Saturday at the West Wyandotte Public Library. (Staff photo)

‘Dark places’

Rep. Val Winn, D-32nd Dist., said a number of legislators were simply going along with the wishes of some big businesses and organizations such as Americans for Prosperity to shrink the size of state government through tax cuts, so there is no money there.

Rep. Winn said at one point in the legislative discussion, a state representative from another county went to the microphone and proposed to include a tax credit, “here’s $10 million for scholarships to private schools, because those Title I schools are dark places of lack of opportunity.” Rep. Winn said there may be some reasons why some Title I schools are not achieving, but it wasn’t because they were “dark places.”

“I could have really come unglued the night we passed that,” she said. “I had to put my hand over my head to make sure I was breathing.”

Tax credits to private school students, allowing districts to increase local taxes without a vote of the people, and taking due process rights from teachers were three areas of concern for her.

As far as the elimination of due process, Rep. Winn said school districts already can fire bad teachers with the current laws. But with lack of due process, then personal vendettas can be carried out, she believes.

“It’s a right that individuals in the United States, based on our constitution, should support, not try to successfully erode,” she said. “The smart thing for Gov. Brownback to do would be to line-item veto that.”

Teachers should recognize there is an attack on them, mobilize and vote these people out, Rep. Winn said.

Education and the local economy

Rep. Kathy Wolfe Moore, D-36th Dist., said many Johnson County legislators ask why they shouldn’t be able to fund their schools, as they can afford it, and they want the best schools. Why shouldn’t they take the cap off the LOB?

For Wyandotte County, it’s important for that not to happen, she said.

“If they can fund their communities to the tune of whatever they like to, it becomes a different class of school. They’re able to have better facilities, pay their teachers more, pay more for curriculum. Because we’re situated right next door to Johnson County, right away it becomes a great disparity.”

Rep. Wolfe Moore said Wyandotte County finally has a housing market that’s coming out of the ground, and one of the first things people look at is the schools when they’re choosing housing.

“If we have a school district right next door to this county whose schools are far superior because of the financial wherewithal, then our community is going to suffer,” she said. “It might not mean as much to a county out in the middle of the state.”

But here it would be a terrible effect, she said.

One mill in Wyandotte County yields $600,000, while one mill in Johnson County yields $2.3 million in tax revenue, Rep. Winn said.

Sen. Pettey said over the last several years, the 32 mills statewide for education funding have now been reduced to 20 mills.

The argument from Johnson County is that it sends the largest amount of money to the state in taxes, therefore it should receive those dollars back. That view is not shared by all the other counties, however.

“That pot is for the whole state to have quality education no matter where you live in the state of Kansas,” Sen. Pettey said.

Rep. Winn pointed out that both Wyandotte and Johnson counties received funding back besides education funding, including economic development funding at Village West here, and millions of bioscience development dollars in Johnson County.

Sen. Pettey believes the larger picture is that the entire state would benefit from having quality education.

“The easiest way out of poverty is through education,” she said. “So if we don’t want to see poverty increasing in Wyandotte County or the state of Kansas, then we have to be able to work to have the best education and to help our students stay in school, and that isn’t cheap. But the results are the most important thing, because we end up paying for it at the end if we don’t keep them in school.”

“We keep our eye on the ball at all times and realize these are direct hits against those most in need, which would be our county,” Sen. Pettey said.

All of the punitive pieces went onto the bill in the Kansas Senate after 11 o’clock at night, in a session that went until 2:30 in the morning, she said. Some of those issues, such as due process, had never had a hearing, never been introduced during the session, she said. That process lacked transparency and openness, she said.

Back to the basics

Attending the session, Mary Ann Flunder, a member of the Kansas City Kansas Community College Board of Trustees, urged the schools to get back to the basics because some of the students are lost when they get to college.

Reardon said that in the past, the students were passing the state assessment but some were not yet ready for college work. Then, the school district applied for a waiver to allow it to give a harder test, the ACT. It was part of an effort to increase academic performance in the district.

“The scores have not been good this past year,” he said. “It has been a reality check for our kids and our teachers, that they are not meeting what they need. I admire the district for doing that.”

The district was willing to take a more difficult course, knowing initially that it was not going to do as well, he said. But the different assessment test and the plan that was announced last year sets the district on a course toward more improvement.

Senate committee endorses health compact bill

by Dave Ranney, KHI News Service
Topeka — Several senators Tuesday spoke in favor of a House-passed bill that has the goal of Kansas officials eventually being able to take over federally funded health care programs, including Medicare, within the state’s borders.

“I think we’re headed in a direction here where the state of Kansas can do a better job,” said Sen. Ralph Ostmeyer, a Grinnell Republican and chair of the Senate Federal and State Affairs Committee.

“Some people seem to think the states can’t do this job, but I really believe the federal government can’t even hardly see us,” said Sen. Rob Olson, an Olathe Republican. “So I think we probably could handle this better here in this state than the federal government could.”

Sen. Caryn Tyson, a Parker Republican, said she thought state officials were likely to have more success eliminating Medicare fraud and abuse than their federal counterparts.

The nine-member committee – seven Republicans, two Democrats – approved House Bill 2553 on a voice vote, with the Democrats in opposition. The measure now goes to the full Senate.

Ostmeyer said he expected Sen. Mary Pilcher-Cook, a Shawnee Republican, to “carry” the bill during Senate debate, which has yet to be scheduled.

“This is a very simple bill,” said Pilcher-Cook, who testified in favor of the measure. “It simply addresses whether the state or the federal government gets to make decisions in regard to the citizens’ health care.”

Pilcher-Cook, one of the Legislature’s most vocal critics of Obamacare, said the bill was designed to “give back the freedoms” that were lost when Congress passed the Affordable Care Act.

The bill would allow Kansas to join a multi-state compact, which, in turn, would ask the federal government to let its members run the federally funded health care programs – primarily Medicare and Medicaid – in their states.

The member states, Pilcher-Cook said, would be free to either adhere to the federal regulations or adopt their own standards.

A state-run system, she said, would be more efficient.

Before the compact could take effect, it would have to win approval in both the U.S. House and U.S. Senate, which doesn’t seem likely so long as Democrats control the Senate.

“This bill doesn’t do anything in the near future,” Pilcher-Cook said.

Also testifying in support of the bill were Reps. Brett Hildabrand, a Shawnee Republican, and Lance Kinzer, an Olathe Republican and chair of the House Judiciary Committee, and Dan Tripp, a former South Carolina legislator-turned-consultant for a national group called Competitive Governance Action.

Tripp said eight states already have passed legislation for joining a compact.

Dave Wilson, a past volunteer president with AARP Kansas, testified against the bill, calling it frivolous and scary.

“I’m surprised to hear the same people who talk about the need for smaller government say they want to take this on,” Wilson said. “The potential exists for the state having to put a whole new structure, a whole new bureaucracy, in place. The proponents say that wouldn’t have to happen, but it’s a possibility and, I think, a danger.”

Wilson said there would be little to stop legislators from using Medicare to pay for Medicaid cost overruns.

Sen. Tom Holland, a Baldwin City Democrat, voiced his opposition.

“I know how this Legislature operates, I’ve been here 12 years,” he said. “I cannot imagine, quite honestly, that we would open up our Medicare beneficiaries to the shenanigans that the Legislature might pull when it comes up against financial issues in the future. I think this a very bad bill, and I will be voting no.”

The KHI News Service is an editorially independent initiative of the Kansas Health Institute. It is supported in part by a variety of underwriters. The News Service is committed to timely, objective and in-depth coverage of health issues and the policy-making environment. More about the News Service is at khi.org/newsservice or contact 785-233-5443.
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Legislative update from Sen. Pat Pettey

Legislative update from Sen. Pat Pettey, D-6th Dist.

March 26, 2014

In this issue:

• Senate nearing first adjournment

• House releases school finance plan

• Governor signs bills

• Renewable portfolio standards

• Net metering

• Sedgwick County vote blocked

• Suspended license amendment

• Over at the House

• Pat’s thoughts

• Health information

• Education information

Senate nearing first adjournment

Legislators worked all day on the floor Monday through Wednesday, reserving Thursday and Friday for possible committee work.

The extended days are in preparation for the upcoming first adjournment, scheduled for April 4.

After this date, bills that haven’t passed both chambers can no longer be debated although certain bills are exempt from this deadline.

Following a short break, legislators will return for the veto session in late April. At that time, exempt bills, conference reports, and any vetoes by the governor will be considered.

If you have any questions about any of the legislation being considered, feel free to contact my office at 785-296-7375 or stop by my legislative office, located in 125-E of the Topeka Statehouse. My assistant’s name is Jennifer Parson.

House releases school finance plan

Late last week, House Republicans introduced a 59-page bill (HB2773) to address school finance that also addressed other topics related to education including expanding charter schools and establishing tax credits for vouchers.

Shortly after the introduction of the bill, House leadership rejected the bill and said a new bill would be introduced.

This week, House Republicans introduced House Bill 2774. In addition to funding capital outlay and local option budget equalization to comply with the court ruling, the bill seeks to expand innovative districts to not exceed 56 districts, alter the transportation weighting portion of the formula to cut funding, and create alternative teacher licensures that bypass the State Board of Education and do not require any teaching-related coursework.

The House Committee on Appropriations discussed the bill Wednesday and has scheduled a hearing on it for Monday, March 31.

The chair indicated that nothing is off the table and everything will be considered.

This means there could be amendments added to include the expansion of charter schools or establishing tax credits, as we saw in the previous bill.

In other words, just because HB2774 has been introduced does not mean HB2773 or any of its elements are dead.

t set in stone, either.  Right now, the proposed amount is $129 million. This figure was provided by the deputy commissioner of the Kansas Department of Education.

The bills introduced by Democrats in the House (House Bill 2768) and Senate (Senate Bill 443) that solely fund equalization have yet to be brought up for discussion in committees.

I am concerned that many of the policy changes proposed in both HB 2773 and HB 2774 have not received hearings or been worked by either House or Senate Committee on Education.

It is for this reason that I do not believe now is the time to include these policy changes. I firmly believe in solely funding equalization, and discussions for policy changes should be reserved for the 2015 session when there is time to thoroughly vet them.

Governor signs bills  

• Party swapping The bill that prohibits voters from changing party affiliations between the candidate filing deadline and the date the primary election results are certified has been signed into law by Gov. Brownback. It will go into effect July 1, 2014. The bill passed the Senate on a vote of 27-12 and the House on a vote of 72-49. This bill is just part of the effort to silence the opposition. I voted against it.

• Victim’s notification The governor has also signed into law the bill introduced by my Senate colleague, Sen. Oletha Faust-Goudeau (D-Wichita) that strongly urges the Department of Corrections to notify a victim’s family within 14 days prior to the release of a criminal defendant. The law is known as Adrian Olajuwon Crosby and Dominique Nathaniel Tyree Green’s Law.

Renewable portfolio standards

On a vote of 25-15, the Senate passed a bill that would repeal the Renewable Energy Standards Act. Senate Sub for House Bill 2014 would put an end to the standards that will require Kansas investor-owned utility companies to have at least 20-percent of their peak demand come from renewable sources, such as wind energy, by 2020.

Proponents of the bill argue that with the RPS in place, the cost of utilities has gone up by 22-percent and it impedes a free market in Kansas.

However, the reality is that most of the increase in costs is from the construction of a new coal plant and from renovations made to existing plants to meet new emission standards.

According to a study by the Kansas Corporations Commission, the compliance with the standards only accounts for an increase in rates of 0 to 1.7-percent, or just a fraction of a cent.

Wind energy is inexpensive, and the renewable portfolio standards provide incentives to bring job growth to the state, especially in rural areas.

Repealing the standards also jeopardized agreements made with companies that came to Kansas specifically for the opportunity to utilize renewable energy, including the Mars factory that was recently built in Topeka.   I voted against the bill. I am pleased that the House voted against concurring with the Senate thereby killing it for this session.

Net metering  

The full Senate debated and passed 39-0, House Bill 2101, the bill on net-metering.

The Senate Utilities Committee reworked the bill; in addition to protecting current customer-generators, the committee work restored some allowance for generation capacity and proposed options such as time-of-use rates and minimum bills for a rate proceeding.

I think a good compromise was reached and I voted for the bill.

Sedgwick County vote blocked  

On a vote of 28-12 the Senate approved House Bill 2125, which prohibits Sedgwick County from holding a second public vote on whether to allow slot machines at the race track. I voted against this bill. I believe it is simply political retribution against the owner of the race track who contributed to the campaigns of moderate Republicans and, as a result, silences the will of the people.  This bill is repugnant and entirely unnecessary.

Over at the House  

• Autism coverage On a vote of 114-3, the House passed the House Bill 2744, which requires insurance companies to provide coverage for autistic children up to the age of 12 starting in 2016.

Autism Speaks was very active in suggesting modifications to the bill.  The bill is on General Orders in the Senate. I hope the Senate will concur with the work of the House on HB2744 so that we can start providing necessary insurance coverage to more Kansas children with autism.

We have learned that by including treatment for autistic children in the SHEP (State Health Employee Plan) that the cost is low and affordable at 31cents PMPM.  Early intervention with children can make a big difference in cutting lifetime costs and can enable many autistic children to start school and succeed in regular classrooms.

• Health compact A bill that seeks to exempt the state of Kansas from federal health care laws passed the House on a vote of 74-48. House Bill 2553 permits Kansas to join a multi-state compact where member states would retain full authority over health care rules, regulations, and orders within their respective jurisdiction while still receiving federal dollars up to the amount appropriated for the state under the current federal health care law.

This bill would give the state of Kansas the ability to accept federal dollars for Medicare, but privatize it like it has done for Medicaid under KanCare. The bill currently awaits a hearing in the Senate Committee on Federal and State Affairs. I do not support this bill.

• Raffle amendment On a vote of 102-19, the House approved a constitutional amendment that would legalize charity raffles. The proposed amendment would alter Section 3 of Article 15 – which prohibits lotteries with the exception of bingo, betting on dog and horse races, and state-owned and operated lottery – to authorize the Legislature to establish licensing, conduct, and regulation of charitable raffles by nonprofit, religious, charitable, fraternal, educational, and veterans organizations. Sub for SCR 1618 passed the Senate unanimously a few weeks ago. It now goes to the governor’s desk. If signed by the governor, it will be included on the ballot for public vote during the 2014 general election.

Thoughts  

In the last two days we have worked over 70 bills on the Senate floor. A lot of them do not reflect less government, but just the opposite.

One bill designated Tylosaurus as the official state marine fossil.

HB 2223 allows home brewers the opportunity to taste and judge their brews in events as well as increasing the annual beer production for microbreweries.

HB 2673 added required training for pharmacy technicians and had regulations touching  nearly all who work in the health field.

We passed a bill to add the Bonnie Sharp memorial interchange at I-635 and Metropolitan.

HB 2272 gives the Southeast part of Kansas, close to Oklahoma , to go after a casino but lowers the financial threshold.

I voted favorable for each of these bills and that would be true of most of the work we did. However, with 10 to 15 percent of the bills they were unnecessary . I felt they were retaliation to the federal government , local government or an organization. Politics is not always pretty.

Health information

From the American Heart Association: “People in some communities in Kansas have limited opportunities to make healthy food choices. These communities are referred to as food deserts. There are three times as many supermarkets in wealthy neighborhoods as in poor neighborhoods.”

Education information  

The roots of the Kansas State Board of Education are founded in the State Constitution.

• 1861—The first State Constitution Article VI noted the responsibility of the state to provide for the education of its people.

• 1873—The first State Board of Education was created by the Legislature.

• 1915—Legislation created a State Department of Education.

• 1966—Citizens amended the State Constitution, Article VI to provide for a State Board of Education which “shall have general supervision of public schools, educational institutions and all the educational interests of the state, except educational functions delegated by law to the state board of regents.”

A sample of the duties and responsibilities of the Kansas State Board of Education include:

• Determine statewide curricular standards • Establish high school graduation requirements

• License K-12 educators

• Establish state accountability systems

• Implement and administer federal and state programs

• Accredit schools

• Serve as the Board for the State School for the Deaf and the State School for the Blind