Volume 34, No. 4
February 29, 2008
Click here for a look at a list of education-related bills.
Poor Revenue Projections Troubling;
K-12 Funding Worries Grow
New data from the Legislative Fiscal Office suggest even fewer dollars will be available in 2009, sparking school boards to urge lawmakers to protect schools that serve our youngest and most vulnerable students. State funding makes up to 75% of K-12 school systems’ funding. A cut to the major source of funding would be crippling to K-12 efforts which have no other sources to raise additional revenue. Local funding sources will suffer just as state revenues take a hit from the economic downturn.
Alabama school boards support all of public education, yet K-12 and higher education have a very different capacity to serve their students. By law, Alabama's students must attend school from age 7 to 16. Public K-12 schools serve some 740,000 students. Universities serve some 141,000 students. The budget proposal redirects allocations to better reflect where the students are served.
Gov. Riley’s budget proposal would give 69 percent of the ETF to K-12, which serves 77 percent of the student population. The budget allocates 27 percent to higher education, which serves 23 percent of students. (Four-year universities serve 15 percent/two-year schools serve 8 percent). The budget allocates 4 percent to "other". Local school boards commend the governor for the proposal and urge lawmakers to support moving the needle so funding more closely reflects the student population.
Clarifying the K-12 Local Investment
K-12 schools are the ONLY entity required to raise local dollars to be eligible for the first dollar of state education funding. All school systems must raise a 10-mill minimum of property taxes that must be spent as the state directs. The first 10-mills are not “local” dollars spent at the discretion of the school board. They are the seed dollars in the pool of money appropriated by statute through the foundation program. The requirement removes a substantial portion of local dollars from school system coffers. No other entity has such a requirement.
K-12 match required in 2009: $458.6 million
Higher education match in 2009: $0
The percentage of ETF revenue for K-12 has varied over the years and lost ground. The needle has moved since 2001, with a higher percentage going to higher education from K-12. In 2008, the over two percent shift translates to a loss of $155 million for K-12.
Stringent requirements for accountability and achievement standards also differentiate K-12 from higher education. State budget shortfalls directly impact school systems' ability to comply with federal, state and local accountability requirements.
K-12 public schools have the most to lose from cuts in the 2009 budget and corresponding losses in local revenue. After making significant progress in student achievement, a testament to the investment in key K-12 programs, the threat of losing ground is real. That investment is worth protecting. AASB is united with K-12 advocates in support of the proposed budget allocation targeted to K-12 and higher education.
P.E. Minimums Conflict with Curriculum;
New Requirement Approved by House Committee
Following a public hearing Wednesday, the House Education Policy Committee approved H.83, a bill to specify the minimum requirements of physical education for students. H.83 would require P.E. weekly minimums of 200 minutes for elementary students and 225 minutes for middle/high school students in public and private schools. AASB testified against the bill.
School board members share the goal of increasing opportunities for P.E. for students and commend the bill for acknowledging student health issues. Local boards work to address the many factors affecting student health in a comprehensive manner at the board table. Physical education classes, however, are only one component. With accountability and achievement requirements for K-12 students, board members have a legitimate question: how can schools do it all?
The resources needed to implement the new P.E. minimums would be additional funding and additional time for schedules. The bill would require substantial new numbers of physical education teachers to accommodate every student and the school day would have to be extended to incorporate the time.
For high school students, the conflict is serious. Current curriculum in many high schools could not incorporate the bill’s mandate and would require a complete overhaul. While reassessment of curriculum is constructive, AASB prefers that academic curriculum requirements be recommended and adopted by the state Department and Board of Education. A number of efforts are underway in that forum to address student health. Minimum P.E. requirement discussions belong in that forum. Urge lawmakers to oppose H.83.
School Boards Need $15,000 Bid Law Threshold:
Support H.442 in House Committee
The competitive bid law must keep up with the marketplace and lawmakers adjust it periodically for that reason. In 1994 the bid law was adjusted from $5,000 to $7,500. No adjustment, even for simple inflation, has been made for nearly 15 years. Currently, too many practical, common purchases fall subject to the bid law because the dollar threshold uses a 1994 cost base. It is impractical and a burdensome process to local schools who urge lawmakers to provide relief and update the threshold to the current marketplace.
The much needed fix will be before the House Government Operations Committee Wednesday, March 5. H.442, sponsored by Rep. Jeremy Oden, will be subject to a public hearing. Proponents of the legislation include school finance officers, local school boards, superintendents, the state department of education and municipal governments.
H.442/S.364 would: increase the bid threshold from $7,500 to $15,000; make the bid bond requirement optional; exempt local school boards when purchases are from certain joint purchase agreements; allow local school boards to establish a local preference zone for local bidders; and allow school boards to award contracts to the second lowest responsible bidder if the lowest bidder defaults.
A more limited approach is being pursued with H.100/S.53. While the legislation would improve the current bid law, it falls short because it does not change the bid law threshold, the most significant update local school boards require. It also fails to allow additional joint purchase agreements which provide school boards significant cost-savings. H.100 would increase the local preference allowance from 3 percent to 5 percent; simply modify wording on the required bid bond but make no change to current law requirements for a bond; and provide more flexibility in situations where the lowest bidder defaults on the contract. S.53 would do the same except it makes the bid bond optional instead of mandatory.
The $7,500 bid threshold is too low. While school boards would get some benefit from the modifications, H.100/S.53 do not provide the most important fixes: increasing the $7,500 threshold and allowing certain joint purchasing agreements. Local school boards urge the comprehensive, inclusive approach to address the bid law in H.442/S.364 to accomplish those core goals.
Please contact members of the Government Operations committee to urge your strong support and ask they vote YES to H.442. Committee members include Representatives: Oliver Robinson, Chair; Lea Fite, Vice Chair; Arthur Payne; Barbara Boyd; Merika Coleman; Victor Gaston; Mike Hill; Ralph Howard; Mike Hubbard; Jody Letson; Pat Moore; Johnny Mack Morrow; and Harry Shiver. For contact information, visit www.alabamaschoolboards.org
Non-Education Bills Can Impact K-12
Often inadvertently, K-12 schools are subject to legislation with unintended consequences. The application to school buildings or school systems may not be apparent at first blush, but some potential problems are identified in the following:
H.242/S.199: A bill in a 13-bill energy package would have imposed a new minimum requirement for an energy code to K-12 school buildings. K-12 worked with the bill sponsor to ensure that K-12 was removed from the scope of the legislation in a bill substitute.
H.241/S.353: Part of the energy package, it would require schools as a state-funded project to be subject to a detailed review about incorporating energy saving design specifications. K-12 advocates must work to remove K-12 from the bill.
H.132/S.309: For schools that have boilers or other high pressure vessels, the bill could potentially subject the system to steep fees, fines and penalties that are assessed daily. K-12 advocates will work to clarify public schools are not intended to be captured by the legislation.
The volume of legislation introduced each session spans a wide array of subject matters. While many bills directly address education, others indirectly have significant impact on K-12. School board members should continue their dialogue with local lawmakers to help identify areas that will affect schools in their districts, directly or indirectly.
House Approves Posting Bill
H.222, by Rep. James Buskey, would require uniform requirements for posting notices of vacancies for county and city superintendents as well as state education officials. The bill specifies posting protocol which includes a 30-day posting period before which the position can be filled. School boards and superintendents successfully worked to remove objectionable provisions in committee. The bill next moves to the Senate.
For education-related bills & information
www.alabamaschoolboards.org
On education funding and policy decisions,
local perspective can make a BIG difference.
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21 Days remain in the
Regular Legislative Session.
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March Leadership Conference Approaches
If you haven’t registered for AASB’s March 14-15 Conference, it’s not too late. The academy course addresses Leadership for Developing a Highly Effective Staff. Learn how to support your governance teams’ efforts to motivate employees, drive employee performance and effectively evaluate it.
An early bird program entitled Connecting with 21st Century Learners will be held March 14 from 1 to 3 p.m. For more information and to register, go to our website at www.AlabamaSchoolBoards.org or call AASB at 800/562-0601.
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