The Alabama Association of School Boards

Leg-Alert

Volume 35, No. 4
February 27, 2009

Local Boards Must Know
If Proration Help Still Coming in 2009

Gov. Riley planned to release another $219 million from the Rainy Day Fund during the current fiscal year to reduce the effective level of proration from 9 percent to 5.7 percent. Alabama voters last November approved a constitutional amendment to increase the Education Trust Fund’s available credit line, in part due to the pending revenue shortfall. The governor called proration in December at 12.5 percent, but accessed half of the Rainy Day Fund to reduce impact to 9 percent. “The second half of the Rainy Day Fund will be distributed during the remainder of the fiscal year,” said Gov. Riley when he announced proration.

But apparently that was before the federal dollars were available. One scenario could use stabilization dollars instead of the Rainy Day Fund to ease the current year shortfall. Use of the Rainy Day Fund is a now or never proposition unless the budget is inflated for 2010 or 2011 to ensure proration is called to access to those dollars. A final grim scenario would be to do nothing and keep proration at 9 percent for local schools. AASB does not endorse this final option, but local school boards must know soon how this budget year is resolved.

Questions Abound About Federal Dollars

Additional staff, competing interpretations and the mere complexity of the package have all contributed to a delay in deciding exactly how K-12 and other government service budgets stand after passage of the federal stimulus package. While programmatic dollars to Title I and special education are charted system by system, the distribution of $730 million in “stabilization funds” remain a murky question. Many factors are in play, and each decision leads to yet more decisions.

Stabilization funds can be spent over two or even three years. Even if all of the funds were spent for 2010, the Education Trust Fund budget hole would not be filled. Splitting the dollars over three years provides a longer-term safeguard as the economy faces uncertainty but could translate into deeper cuts.

AASB advocates distribution of the earmarked public education portion ($598 million) through the state’s Foundation Program. The act specifies that the funds be distributed through the state’s formula. The remaining $133 million is left to Gov. Riley’s discretion for other government services, which could include education as well.

Distributing K-12 stabilization dollars to each school system through Other Current Expense (OCE) would grant systems the flexibility to plug the deepest holes according to their unique needs. School boards could protect core student learning, preserve teaching and support personnel jobs and allocate dollars to their highest priorities to bolster student achievement.

How the stimulus and stabilization dollars will be used and offset by the ETF revenues in crafting the 2010 budget will paint the K-12 outcome. So far, AASB believes leaders are committed to protecting the Foundation Program and core student learning, including state-funded teacher units (divisors). But that decision and the fate of any other K-12 budget need and program is unresolved.

Compulsory School Age Raised to 17
In Drop-Out Prevention Effort

S.334, sponsored by Sen. Arthur Orr, would raise the mandatory school age from 16 to 17 years of age. AASB supports requiring children to attend school until the age of 17 in its resolutions.

The bill would set up procedures for students over the age of 17 intending to drop out of school. If the student plans to withdraw prior to graduation, the bill would require an exit interview. A parent/guardian would have to give written consent and be provided information explaining the impact dropping out of school may have on a student’s future. The bill codifies efforts currently underway by the state Department of Education to address drop-out prevention and provides additional program criteria. S.334 next goes to the full Senate.

H.226, sponsored by Rep. Thad McClammy, will be considered by the House Education Policy Committee Wednesday. H.226 would require parental consent before a student aged 16- or 17-year-old can withdraw from school.

School Board Training
Linked to Student Achievement

Lawmakers are moving with speed to approve school board member training legislation. Research shows that school boards that receive training provide governance that positively impacts student achievement. Using data to make financial and programmatic decisions helps local boards govern toward the goal of higher student achievement.

S.220/H.182 would require each school board to craft a policy outlining orientation and ongoing training requirements for its members. Supported by the full education community, the legislation grants local boards autonomy to determine the training that best meets their needs. Please support S.220 by Sen. Ted Little and H.182 by Rep. Jeremy Oden.

Competitive Bid Laws for Schools
Clearer in New Code Section

The Senate Finance & Taxation Education Committee Wednesday approved S.418, the bill to consolidate purchasing laws affecting local school boards. Last year’s successful effort to raise the competitive bid law threshold to $15,000 made clear that school systems’ needs and application of purchasing laws differ significantly from other local entities.

S.418 would transfer purchasing laws from Title 41 and create a new section, to apply only to school boards, in Title 16 of the Alabama Code (which addresses public education). Current language in Title 41 would remain for counties and municipalities. In the future, changes for each would be considered in the appropriate context.

Thanks to Sen. Ted Little for ensuring that AASB and his local school boards were supportive of this legislation during the committee discussion. S.418, by Sen. Jim Preuitt, awaits full Senate consideration, and H.601, by Rep. Mac McCutcheon, is pending in House committee.

House Approves School Nurse Law Update

The House voted 101-0 Thursday to approve a bill to update obsolete language in Alabama law regarding school nurses. H.47, sponsored by Rep. Robert Bentley, would provide authority for school systems to employ licensed practical nurses under the supervision of registered nurses.

Current language in the code conflicts with the practical staffing that school systems need for our students. S.184, sponsored by Sen. Quinton Ross, is pending in the Senate.

House Approves School Tax Vote Requirement

The House approved H.253, sponsored by Rep. Richard Lindsey, by a vote of 90-0 Thursday. The bill is a constitutional amendment that, if approved by voters, would make it easier to renew the existing local 1-mill countywide property tax for education. It would remove a 3/5 super majority requirement and changes it to a simple majority.

Five specific taxes comprise the 15 mills counties are authorized to levy to support local schools. But only this specific 1-mill tax has a 3/5 super majority requirement for approval. The constitutional amendment would put all of the education taxes on a level playing field.

Arrest on School Campus Clarified

H.272, sponsored by Rep. Mac McCutcheon, would outline the procedure for issuing an arrest warrant for public employees in the line of duty. It would apply to a warrant for a misdemeanor offense and includes education employees. The bill sponsor plans to add language that specifies that any arrest on a school campus may not take place in front in the presence of students. The bill is before the House Judiciary Committee.

Student Harassment Prevention Act

H.216, sponsored by Rep. Betty Carol Graham, would create the “Student Harassment Prevention Act.” The legislation had been amended last year by AASB to include language limiting employee liability. That language was stripped in the Senate and was not included in this year’s bill as approved by the House Education Finance Committee. AASB is concerned about the absence of the liability language.

The bill would require the state Department of Education to develop a model policy for local school boards. H.216 is pending House action.

One-Month Reserve Bill Approved

The Senate Finance and Taxation Education Committee approved S.165, sponsored by Committee Chairman Hank Sanders. S.165 would codify when school systems may access the one-month reserve as outlined by the School Board Fiscal Accountability Act. As amended, the bill specifies, but is not limited to, use of the reserve fund when the governor declares proration or there are reductions in state funding.

Education Bills Status

H.300: Would propose the “Academic Freedom Act.” Local school boards OPPOSE the effort to introduce creationism in the classroom. A public hearing is scheduled Wednesday in the House Education Policy Committee.

H.464: Would implement a school disciplinary point system linked to student’s ability to obtain a drivers’ license. House approved 96-0.

H.438: Would authorize Alabama to join the Interstate Commission on Educational Opportunity for Military Children. House approved by vote of 95-0.

H.495: Would establish School Superintendents of Alabama (SSA) to administer professional development programs for county and city superintendents. House approved by 101-0.

H.629: Would require all public schools to start after August 15. AASB OPPOSES statewide school start date proposals.

S.305: Would provide the “Tim Tebow Act” to allow home-schooled students to participate in public school extracurricular activities. A public hearing is scheduled Wednesday in Senate Education Committee. OPPOSE

S.306: Would require an automated external defibrillator to be placed in each public K-12 school. Pending in Senate.

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