The Alabama Association of School Boards

Leg-Alert

Volume 35, No. 5
March 6, 2009

K-12 Schools Seek Assurance that
2009 Shortfall Relief is on the Way

First things first, before lawmakers tackle crafting the 2010 Education Trust Fund budget, local school boards seek confirmation that proration for the current year will be lowered as originally intended. When Gov. Riley first announced proration last December at 12.5 percent, he accessed half of the Rainy Day Fund to lower proration to 9 percent. He said that the remaining half would be released by the end of the fiscal year to lower proration to 5.5 percent. That plan has been questioned recently.

The option to use federal stimulus dollars has changed the dynamics for the education budget. However, the bottom line for 2009 must be clear for local school boards to finish this fiscal year. Whether state officials use the remaining dollars in the Rainy Day Fund or direct a portion of the federal stimulus dollars to 2009, local boards must know the final shortfall for the current year. School boards seek assurance that the final figure for proration will be reduced by September 30 at the close of the fiscal year.

Governor’s Revised Budget Expected
Following Legislative Spring Break

Lawmakers are expecting to return from their spring break on March 24 to find a revised budget proposal from Gov. Riley for 2010. The budget proposal is expected to delineate between the federal stimulus sources and state revenue sources in separate columns for each line item. It is a complicated proposition that is taking weeks of study.

The formula used to disburse the federal stabilization dollars will be important in determining how K-12 is impacted. In addition, the governor has to choose to use the federal dollars over a two- or three-year timeframe.

AASB strongly advocates that the state fully fund the state Foundation Program for K-12. Ensuring funding to the core program is vital for Alabama’s public school students. These basics include funding to maintain the divisors for state-funded teacher units and essential key support through Other Current Expense or OCE.

AASB supports prudent education budgeting. The federal stimulus package will avert the potential disaster K-12 faced with the education budget shortfall. However, the inherent risk remains in the ETF by its reliance on the most volatile revenue tax

sources subject to economic cycles. Alabama’s funding support and budget discipline for public education must be re-examined. Local boards urge lawmakers to focus on a data-based limit to annual appropriations, minimize the reliance on borrowed funds and ensure that windfall gains are not used for ongoing expenses

B-I-N-G-O Now Sung to the Tune of
“Sweet Home Alabama”

Television and radio airwaves Friday morning were filled with new lyrics sung to the tune of “Sweet Home Alabama” the day after anticipated gaming tax bills were introduced. The bills propose a constitutional amendment which, if approved by voters statewide, would impose a statewide tax on electronic bingo and create a state gaming commission.

The tax receipts would be split by dedicating 70 percent to the Education Trust Fund and 30 percent to the General Fund for Medicaid. Proponents’ goal is to provide additional, ongoing state revenues.

Sponsored by Rep. Marcel Black and Sen. Quinton Ross, H.676/S.471 face an uphill battle politically. Many Republican lawmakers and Governor Riley are opposed because they believe it legitimizes gambling. Supporters contend that gaming is already present in the state and should be subject to paying taxes. Because the legislation proposes a constitutional amendment, it does not require the governor’s signature. The amendment would be placed on the primary party ballot for 2010.

Line Item Funding Flexibility Sought for K-12

Local school boards would have authority to transfer funds between and among line items with passage of S.426, sponsored by Sen. Hank Sanders. The Senate Finance & Taxation Education Committee Wednesday approved the bill. It would authorize flexibility for the current 2009 fiscal year. Flexibility for 2010 would be allowed if authorized in the upcoming ETF budget act. The bill would allow flexibility in any fiscal year proration is declared at three percent or greater.

The bill requires local boards to submit their plan to transfer funds to the state Superintendent. The flexibility would not apply to funds appropriated for salaries, fringe benefits, or student materials. Similar restrictions apply to Public School Fund monies dedicated to specific capital projects or debt service.

Student Achievement
Linked to School Board Training

Exciting research confirms what school boards have always known: training matters. Governing a school system requires immediate familiarity with a complex and sophisticated education system. Citizens elected or appointed to the school board have a very steep learning curve beginning their first day of service.

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.

Lawmakers have acted swiftly on this non-controversial legislation. H.182, sponsored by Rep. Jeremy Oden, was approved by the full House Thursday by a vote of 87-0. It is expected to be considered by the Senate Education Committee, chaired by Sen. Vivian Davis Figures, on Wednesday, March 11. S.220, sponsored by Sen. Ted Little, was unanimously approved by the House Education Policy Committee Wednesday. It awaits final passage in the House.

Time to Update School Nurse Law

Current law is in conflict with the how school systems address our students’ needs. H.47/S.184 would provide authority for school systems to employ licensed practical nurses under the supervision of registered nurses.

School boards urge quick passage of the school nurse legislation. H.47, sponsored by Rep. Robert Bentley, and S.184, sponsored by Sen. Quinton Ross, are pending in the Senate Finance & Taxation Education Committee.

Statement of Economic Interest
Filing Limit Increased

The House Thursday approved H.262 by a vote of 95-0. The bill would raise the income limit for public employees required to file a statement of economic interest ethics form. The bill would increase the minimum threshold from $50,000 to $75,000, with a provision to increase the limit annually by the Consumer Price Index. Sponsored by Rep. Marcel Black, the legislation would impact public school employees that must comply because they exceed the current minimum threshold.

Applicants to Teaching Programs
Subject to Child Protection Act

H.571 proposes a practical application of the “Alabama Child Protection Act of 1999.” The bill would require that applicants for teacher preparation programs be screened by a criminal history background check as part of the initial application process. Proponents of the bill recognize that graduating teachers would have to be screened before being hired. The legislation prevents an individual from seeking and obtaining a teaching degree if they are ineligible for a teaching position because they would not pass the background check. H.571, sponsored by Rep. Yvonne Kennedy, was approved by the House Education Committee Wednesday. S.270, sponsored by Sen. Vivian Davis Figures, is pending in the Senate.

High School Drop Outs

H.226, sponsored by Rep. Thad McClammy, was approved by the House Education Policy Committee Wednesday. H.226 would create the “Alabama Dropout Prevention Act of 2009.”

The legislation raises the compulsory school age to age 17 and outlines a process for any student age 17 or younger to withdraw from school.

The bill additionally would require the state Department of Education to establish a targeted dropout prevention program and to implement strategies to lower student dropout rates. H.226 awaits consideration by the full House.

School Start Date Bills Keep Coming

Another bill to push back the school start date was introduced in the Senate Thursday. H.629 would require all public schools to start after August 15 each year. Local school boards and superintendents respect local lay control and will fight to protect each community’s ability to set the school calendar. AASB opposes school start date bills.

Student Harassment Prevention Act

The House Thursday approved H.216, a bill that would create the “Student Harassment Prevention Act.” The bill would require the state Department of Education to develop a model policy for local school boards. AASB worked with proponents of the bill. However, concerns remain about the absence of the liability language for employees in this legislation.

Subcommittee Discusses Process to Help
Address School Rebuilds After Natural Disasters

The House Finance Appropriations Committee directed a subcommittee to meet and discuss the needs of schools that suffer natural disasters. Chaired by Rep. Terry Spicer, the subcommittee invited representatives from the Legislative Fiscal Office, state Department of Education, Building Commission and Office of Risk Management to brief them on the current process. The information focused on the financial gap between insurance coverage, especially of dated buildings, and the cost to rebuild. The subcommittee asked the parties to assess potential solutions for the subcommittee to consider that would provide financial coverage to address that “gap.”

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Local school boards work with legislative leaders to accomplish the public’s highest priority -- educating our children.

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