The Alabama Association of School Boards

Leg-Alert

Volume 35, No. 6
March 13, 2009

Spring Break Promises
No Relief To K-12 Funding Worries

Gov. Riley will present his revised budget to lawmakers following the legislative spring break scheduled March 16-21. However, the perception that the regular legislative session could end without a budget is gaining momentum. Some in Montgomery believe additional revenue receipts are needed before working on the 2010 budget. If that thinking becomes a reality, it may be July or August before a special session is called to deliver a budget. That scenario would be disastrous news to K-12 schools. Most personnel cuts must be made by the end of this school year.

No decision has been communicated to school boards about intentions to use either the remaining half of the Rainy Day Fund or stimulus dollars to relieve current year proration. When he called proration at 12.5 percent last December, Gov. Riley tapped half the Rainy Day Fund to bring it to 9 percent proration and said he intended to release the other half to lower proration to less than 6 percent by the end of the fiscal year. Local school boards must know if plans have changes for the 2009 budget so they can act now.

Economic News Hitting State Hard;
K-12 Schools’ Role Will Be Vital

Alabama’s unemployment rate rose to 7.8 percent in January and exceeded the U.S. rate of 7.6 percent. The state had fared better than the rest of the nation until now.

The headlines confirm the need to use federal stimulus and stabilization dollars to stem Alabama’s deepening slide into recession. Local schools not only provide the basic learning foundation for our students, but are also the largest employers in some communities. Cutting education employee jobs would not only hurt students but also have a devastating impact on local economies.

The federal dollars must adhere to the federal intent to fill in the gaps from state dollar shortfalls to keep K-12 schools whole. AASB believes the state Foundation Program must be the first priority and be fully funded at pre-prorated 2009 levels.

Local school boards must fund the basics to deliver learning to our students. Even with federal dollars, there is simply not enough funding for the education budget. Cuts must be made, but it is critically important to preserve the divisors to save state-funded teaching units and to protect Other Current Expense (OCE) to retain support employees.

Stars’ Appeal Help Move Gaming Bills

The House Tourism and Travel Committee Wednesday approved H.676, the bingo bill. Bill supporters lined up country starts George Jones, Marty Stewart, Randy Owen and Tracy Lawrence to make an appearance at the state house. They urged legislators to make Alabama a tourism destination for country music and entertainment at the gaming establishments.

If approved by voters statewide, the constitutional amendment would impose a statewide tax on electronic bingo and create a state gaming commission. The amendment would be placed on the primary party ballot for June 2010. Because the legislation proposes a constitutional amendment, it would require 63 out of the 104 votes on the House floor. It would require 21 out of 32 votes on the Senate floor. If approved by the Legislature, it would not require the governor’s signature.

The bill provides for a state gross receipts tax of 20 percent on the bingo gross revenue. The tax receipts would be split by dedicating 70 percent to the Education Trust Fund and 30 percent to the General Fund for state Medicaid. The bill limits the number of operators in the state by defining “points of destination” outlined in the bill.

Help From Line Item Budget Flexibility
On the Way for School Boards

The Senate Tuesday approved S.426, the flexibility bill sponsored by Sen. Hank Sanders, by a 32-0 vote. It would authorize budget flexibility among education line items for the current 2009 fiscal year. Flexibility for 2010 would be allowed if authorized in the upcoming ETF budget act. The bill additionally would allow flexibility in any fiscal year proration is declared at 3 percent or greater.

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. The bill would require that
school boards submit their plans to the state Superintendent of Education.

School Boards Urge FINAL Passage for
School Board Training: S.220/H.182

S.220/H.182 would require each school board to craft a policy outlining orientation and ongoing training requirements for its members. The bill would address the need for school board members to quickly master complex education matters upon their election or appointment. Ongoing board member training also correlates to higher student achievement in school systems.

The full education community supports this non-controversial legislation that is moving quickly through the legislative process. AASB asks lawmakers to act soon for final passage!

H.182, sponsored by Rep. Jeremy Oden, is poised for final passage on the Senate floor. S.220, sponsored by Sen. Ted Little, is poised for final passage on the House floor.

Law Update Needed for School Nurses

H.47/S.184 would provide authority for school systems to employ licensed practical nurses under the supervision of registered
nurses. The current law in Alabama is obsolete and must be updated to allow schools to address student needs.

Sponsored by Rep. Robert Bentley and Sen. Quinton Ross, the legislation will be in line for final passage in the Senate following spring break. AASB supports H.47/S.184.

Senate Approves Consolidating
Competitive Bid Law for Schools

The Senate Tuesday approved S.418, sponsored by Sen. Jim Preuitt, to better streamline the competitive bid laws for education. Approved by a vote of 32-0, the bill simply relocates within the Alabama Code all laws pertaining to purchasing for schools to the education section, Title 16.

The need to consolidate and relocate the laws for schools became evident when the effort to raise the minimum threshold ran into complications last year. Other government agencies were also impacted. The purchasing needs for schools differ greatly from other local government entities. Ensuring that each are addressed completely within their own portion of the Alabama Code helps to clarify the law and make them user-friendly in the future.
AASB urges support for S.418/H.601.

Amendment Needed for
Student Harassment Prevention Act

H.216/S.466 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.

The potential exposure to liability that education employees may face as a result of the legislation has prompted additional discussion. AASB supports an amendment to ensure education employees are protected. AASB worked to insert agreed-upon

language in the legislation last year, but it has not yet been included in the current bill. H.216 is pending in the Senate Education Committee.

School Tax to Require Simple Majority

H.253 awaits final passage in the Senate. 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.

Only the 1-mill tax has a 3/5 super majority requirement for approval. The constitutional amendment would change the requirement to a simple majority. Local school boards urge final passage of H.253.

Additional Education-Related Bills

H.719 would require all public and private K-8 students to take physical education without allowing any substitution. AASB has opposed legislation that dictates curriculum. Pending in the House Education Policy Committee.

H.724 would require the state Superintendent of education to develop a high school diploma with a community service endorsement. Pending in the House Education Policy Committee.

S.334/H.226 would raise the compulsory school age to 17 and set up a process for a student to withdraw from school. The Senate and House bill differ in approach and potential solutions. S.334 was approved by the full Senate. H.226 awaits House action.

H.199 would require school boards to adopt a system-wide comprehensive safety plan. Local boards already have safety plans that comply with a gubernatorial executive order and the federal No Child Left Behind Act. Approved by the House.

S.101 would prohibit public students from wearing clothes that expose their undergarments. Local school boards currently can address these issues in their code of conduct. The bill has a public hearing scheduled Wednesday, March 25, in the Senate Education Committee.

S.305 would create the “Tim Tebow Act” to allow home-schooled students to participate in public school extracurricular activities. AASB OPPOSES allowing non-students to participate without enrolling. A public hearing is scheduled for Wednesday, April 1, in the Senate Education Committee.

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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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Legislative Spring Break: March 16-20
Next LegAlert publication date: March 27

18 Days remain in the