House members were busy this week regulating Uber and stiffening penalties for domestic violence, as education bills teed up for final passage. Two bills, a repeal of a criminal code conflict and a 30-day notice requirement, both unanimously approved by House Education Policy Committee Wednesday, are poised for final passage. Local school leaders urge House members to act to send the bills to the governor for signature.

Education Bills Teed Up for Final Passage

House members were busy this week regulating Uber and stiffening penalties for domestic violence, as education bills teed up for final passage. Two bills, a repeal of a criminal code conflict and a 30-day notice requirement, both unanimously approved by House Education Policy Committee Wednesday, are poised for final passage. Local school leaders urge House members to act to send the bills to the governor for signature.

Ask House members to Vote YES!

Repeal conflict: S.28 (Pittman)

S.28 (Pittman)/H.27 (Baker) would strike obsolete language from the criminal code regarding employees charged with sexual contact with students. The bill ensures all employees are treated the same for school board disciplinary hearings which are separate from any criminal justice system proceedings. The bill does not affect any employee’s due process rights under the Students First Act.

Require 30-day notice: S.14 (Dial)

S.14 (Dial)/H.13 (Fincher)would require K-12 teachers to give 30-day notice when resigning from the school system.

The 30 days would replace the current five-day notice and allow school systems sufficient time to find a qualified replacement to serve students.

 

DNR for minors: a new approach

Last year, the effort to establish a Do Not Resuscitate order for minors struggled to apply a complex and ethically difficult concept in a school setting. Negotiations failed when trial lawyers refused to agree to full liability immunity for school employees. This year, bill proponents worked with education advocates to find a different approach involving two separate bills.

H.194 (Weaver) — Medical DNR for minors —would authorize a portable Do Not Resuscitate (DNR) for minors. The bill provides the DNR shall not apply in a school setting should the separate school-related bill fail to be enacted.

H.202 (Weaver) — Limited DNR in schools —would separately and narrowly incorporate the DNR order in a school setting. The bill would create a task force to develop a Palliative and End of Life Individual Health Plan to be agreed upon by parents/guardians, the attending physician and school nurse.

The bill ensures only school nurses, as medical professionals, are required to follow a medical DNR order in the plan. No other school employees are subject to the DNR order, and liability immunity is provided. As written, the bill can only pass if H.194 (Weaver) is enacted.

Urge lawmakers to reject any amendments to the bill.

 

Senate Committee discusses

State Board of Education

The Senate Education Policy and Youth Affairs Committee Wednesday discussed a constitutional amendment to repeal the current structure of the State Board of Education and superintendent. It would replace it with a governor’s cabinet position and appointed Board of Counsel to govern K-12 public schools.

S.24/S.25 (Albritton) would propose a director of education be appointed by the governor, subject to confirmation by the Senate, as a cabinet position. The sponsor intends to offer an amendment to provide the governor would appoint a 13-member Board of Counsel. Seven members would be actively serving local school superintendents and six members would be actively serving members of local boards of education.

Committee members took no action on the bill that would restructure K-12 state governance. Lawmakers questioned the potential impact of moving forward as the State Board searches for a new state superintendent. Committee Chairman Dick Brewbaker said he supports changes to the current structure in which current members serve large districts with little to no staff. Committee members said any changes will require significant discussion. Sen. Pro Tem Del Marsh said his efforts to build a strategic comprehensive education plan may include K-12 governance changes.

 

Funding school buses for 12 years

S.202 (Bussman) would increase the time local schools receive fleet renewal funding for school buses from 10 years to 12 years or a maximum of 200,000 miles. The Senate Education and Youth Affairs Committee amended the bill to clarify that minimum funding be set at FY19 levels before voting to approve the bill.

Committee members noted that school systems are losing significant value because of the current 10-year funding schedule. Many 10-year old school buses remain in good working condition. Bus replacement needs hinge more readily on factors such as mileage and wear and tear, but the current practice forces school systems to needlessly replace 10 year old buses to qualify for state funding. Members voiced strong support for the change and unanimously approved the bill, which next goes to the Senate floor for consideration.

 

Gifted program grant

Before approving a bill to authorize two-year grants for gifted programs, the Senate Tuesday reduced the local match requirement. An amendment to S.101 (Orr), offered by Sen. Bobby Singleton, lowered the required local school system match to five percent.

The bill would authorize the State Department of Education to offer competitive grants for new or existing programs for gifted or talented students. The bill establishes criteria and requires the department to adopt a formula to evaluate grant proposals. The bill is pending in the House Ways and Means Education Committee.

 

Additional committee action:

S.212 (Orr) — Cyber school— would create the Alabama School of Cyber Technology and Engineering to be located in the Huntsville area. The school would be an independent residential school with a board of trustees. The Senate Finance and Taxation Education Committee approved the bill after discussion, comparing it to the creation of the Alabama School of Fine Arts in Birmingham and the Alabama School of Mathematics and Science in Mobile. The bill next goes to the full Senate for consideration.

 

H.228 (Standridge) — In God we trust motto — would permit display of the national motto in public buildings, including public schools. Approved by the House State Government Committee.

 

Education bills introduced

S.269 (Whatley) — Revise sex education — would revise the content, materials and instruction in sex health education. Assigned to the Senate Education and Youth Affairs Committee.

 

H.366 (Knight) — Student harassment— would expand current law to include student against student harassment, intimidation, violence and threats of violence off of school property; specifically includes cyberbullying; renames statute Jamari Terrell Williams Act. Assigned to House Education Policy Committee.

 

H.356 (Boyd)/S.270 (Whatley) — Single-dose EpiPens — would amend current law to specifically allow the possession and selfadministration of single-dose autoinjectable epinephrine by a school student; names statute Kyle Grady Act.

 

Lissa Tucker

AASB Director of Governmental Relations

www.AlabamaSchoolBoards.org