By a 68-31 vote, the House Tuesday gave final passage to S.32 (Orr), a bill to incorporate a civics test as part of the required high school government course. The bill changes significantly since its initial proposal to require a student to pass a stand alone civic test to be eligible to graduate.

 

Legislature Requires Civics Test; Time to Table Tax Exemptions

 

 

By a 68-31 vote, the House Tuesday gave final passage to S.32 (Orr), a bill to incorporate a civics test as part of the required high school government course. The bill changes significantly since its initial proposal to require a student to pass a stand alone civic test to be eligible to graduate. Instead, students must correctly answer 60 out of 100 multiple choice questions as a required component within their government course. Students may retake the test until they pass.

The questions will be taken from the U.S. Citizenship and Immigration Services naturalization test. Local schools will determine the method and manner to administer the test. Exceptions can be made for special education students. A chief school administrator may waive the requirement for good cause, which includes a student failing the civic test twice but otherwise passing the government course.

The requirement takes effect for the 2018-19 school year. The bill is awaiting the governor’s signature.

 

Rethink Tax Credits/Exemptions

When the Legislature appropriates state dollars, the total available revenue is restricted because some $4 billion dollars is uncollected annually because of existing tax credits, deductions and exemptions. Three bills before the House Ways and Means Education Committee Wednesday would have created additional tax exemptions for specific entities.

State education associations submitted a joint letter to the committee urging members to oppose granting additional tax credits/exemptions. The letter acknowledges the worthy causes and compelling good works such entities provide but notes there is no consistent process for how the state grants each tax credit/exemption. There is no rubric to determine the return on investment or to provide follow up data, although the collective cost of such exemptions is high.

A budget reform committee is preparing a report to the Legislature and is examining Alabama’s history and status of tax credits and exemptions. Many of those tax credits and exemptions have been on the books for generations without any accounting for whether they achieved their original purposes. Most of the tax credits or exemptions never expire. While the state struggles to identify revenue from new sources, an attempt to re-evaluate the current tax credit/exemption system would be a significant step to identify existing revenue that should be captured.

 

Charter School Revision Moving

The House Education Policy Committee Thursday approved H.245 (Collins) to revise the current charter school law. AASB and SSA worked with proponents on an amendment, offered by Rep. Danny Garrett, to retain the original intent and agreements to protect local funding beyond the 10-mill match. In addition, language would affirm local boards may identify educational needs and determine priorities for a local charter application. The amendment was necessary to remove local school leaders’ objections to the original bill that endangered local funding and compromised local authority. Additionally, the bill changes the application and implementation timelines in the charter school creation process. Committee members voiced concerns about diverting critical education dollars from existing public schools and emphasized the need for local buy-in for success. The bill next moves to the House for consideration.

 

Autism Services Coverage Required

Thursday, by unanimous vote, the House approved H. 284 (Patterson) to require health insurance plans cover the treatment of children with autism. Specifically, the bill requires insurance to cover applied behavioral analysis therapy, the primary treatment for children diagnosed with autism. The bill would specify a sliding scale of coverage differentiated by age group. House members rallied in support of the bill, which next goes to the Senate for committee consideration.

 

Repeal Conflicting Criminal Statute

H.493 (Baker)/S.354 (Pittman) would repeal a provision of a statute that made it a crime for a school employee to have sexual contact with a student under the age of 19. That provision directly conflicts with the Students First Act of 2011, which specifically allows a disciplinary or termination action to proceed when an employee is charged with a crime.

Repealing the provision makes clear that the current tenure law and its due process protections apply. The House Education Policy Committee approved H.493 (Baker) Wednesday. The Senate and House versions of the bill are pending floor action in their respective Chamber. AASB supports the bills.

 

New School Systems Restricted

The House County and Municipal Government Committee Wednesday approved H.444 (Harbison), a bill that would require any newly established city school system to locally fund all administrative office costs. Already, superintendent salaries must be funded from local revenue. The bill would require any overhead, personnel, building and other costs be paid by local funds as well. The sponsor’s intent is to ensure that no state funds would be diverted from existing school systems to new administrative costs in central offices. The committee added an amendment to allow the systems to continue using federal funds for critical personnel that administer federal programs in the central office. Superintendents raised the concern about specific positions such as transportation directors and school nurses where state funding must be used on those positions or forfeited. Because the funding of school systems is far from simple, any future school system would struggle with staffing a central office.

In years past, lawmakers have proposed changing how new school systems may be formed. Some proposals suggested increasing the population requirement, which is currently 5,000. Lawmakers also have proposed requiring a feasibility study to ensure a new school system would have the financial resources to thrive. Meanwhile, lawmakers have been reluctant to limit local communities’ ability to increase their taxes and exercise local control by forming their own school system.

 

Appointed Superintendents

S.267 (Brewbaker) would require Alabama to transition all elected superintendent offices to appointed positions. It’s unfortunate that every elected superintendent must face an inherent conflict and undue political pressure in an election every four years. These pressures only remain in Alabama and Florida as every other state has moved to appointed superintendents as the best governance model.

No elected school superintendent is free from the dilemma of being challenged for the top spot in a popularity election from within the system and then trying to resume business as usual when political sides have been taken within the education family. Elected superintendents face allegations that personnel and management decisions are based on taking sides in an election. Support S.267 (Brewbaker).

 

Additional Education Legislation

S.123 (Marsh) — AAA Revision — would expand the dollar amount and type of income tax credits available to donate to organizations granting scholarships with public funds to private schools. An amendmentchanges language for accountability about how many scholarship recipients are zoned to attend to actually attended a “failing” public school. The bill is pending final passage in the House.

S.179 (Shelnutt) — Access to Employees — would require all educator professional associations be given the same level of access to school employees. Approved by House Education Policy Committee.

S.287 (Brewbaker) — Flu Vaccine Information — would require school systems to include information regarding the influenza vaccine when health information is distributed to parents/guardians. Approved by House Education Policy Committee.

H.384/S.288 — Notice Timeframe — would increase the required timeframe from five to 30 days for a teacher to give notice before terminating employment with the school system. Pending in House.

 

Lissa Tucker, J.D.

AASB Director of Governmental Relations

www.AlabamaSchoolBoards.org