Volume 34, No.14
May 21, 2008

Click here for a look at a list of education-related bills.
Click here for AASB’s statement on the education budget

Senate Kills Education Budget & K-12 Suffers;
Special Session Required

At midnight, the Senate adjourned sine die without passing the education budget.  The attempt to end the budget filibuster failed by a single vote, 17-14, with 4 not voting.  With one more vote, the delay spearheaded by higher education could have ended for the budget to be considered.   

It was a sad day for K-12 public education students.  It was a confusing day in the Senate where vote counts varied all day; loyalties were tested; and messages were mixed.  Several key senators, who usually support K-12, refused to vote to end the debate while saying they supported K-12 and the budget.  In the end, higher education didn't have the votes to add its $25 million amendment, so it used delay tactics to kill the budget instead.  When the Senate cloture vote failed, the die was cast.  (See Senate cloture vote results below ).

The Legislative Session has ended with the Senate failing to accomplish a primary mandate:  to adopt an education budget.  The governor now must call a special session.  However, it will not be soon enough for school boards who face personnel decisions this week.  The consequences of no budget will now be felt by children, teachers and their families in local school systems.

Universities Show Reckless Disregard

Sen. Hank Sanders pointed to the University of Alabama and Auburn University, not necessarily all of higher education, as responsible for drawing a line in the sand.  With it willingness to kill the budget, the universities tried to bully the Senate to irresponsibly change the budget.  Sanders noted universities cowered behind rhetoric, claiming to be victims of the budget process.  The whole premise was puzzling because at no time was the $25 million that higher education demanded attributed to any specific need.  It was an arbitrary figure that the universities insisted be restored, or they would kill the budget.  And they did. 

Sen. Quinton Ross asked how a university could afford to pay over $40 million for a football coach and then claim that its share of $25 million was necessary at the expense of K-12.  Senators siding with higher education claimed the $25 million “will not hurt K-12.”  The proposed budget allocated more than $130 million above 2009 revenue projections.  Adding $25 million on top was an illusion to get up front dollars to be paid from proration next spring.  With proration, K-12 is disproportionly harmed because it relies so heavily on state funding. Killing the budget hurt K-12; adding $25 million could hurt students further by pushing the budget well beyond its projections and forcing mid-year cuts.

Lt. Gov. Jim Folsom closed the session urging members of the Senate to show some independent thinking and act as a body to find a solution.  His comments highlighted the perception that the battle was waged between very high-financed lobbyists and had little to do with public education at large.  No matter how the final day’s events are dissected, the Senate broke down, and the system failed all of Alabama’s students.

Business Bills Also Pending Special Session

The budget will continue to hinge on the fate of a corporate tax loophole fix to capture $67 million for the education budget base.  A compromise for H.350 had been reached, and the bill was waiting to be considered following the budget.  Also waiting was H.144, the bill to provide an additional state income tax deduction for small business employers and employees for health care costs.  Both bills will be key to funding the education budget without even deeper cuts to all of public education.

$15,000 Bid Threshold Signed into Law

ACT 08-379:  Gov. Riley last week signed H.442 into law.  The new bid law provisions go into effect August 1.  It was an effort supported by the Alabama Association of School Board Officials, AASB, School Superintendents of Alabama and the state Department of Education.  The increased threshold and new provisions will have a positive impact for schools seeking the best prices for quality goods and services in the marketplace.

ACT 08-281:  Gov. Riley also signed H.398, the alternative teaching certificate provisions, into law effective immediately.  The new law should help school systems in their efforts to recruit and retain teachers from various career fields. 

Good Bills Perished May 19

By far, the largest category of bills were those that languished with no action. 

H.317 – School Nurse Law – would have removed language to give school systems authority to employ licensed practical nurses (LPNs) under the supervision of registered nurses. 
H.415 - Statement of Economic Interest – would have raised the income limit of a public official or public employee required to file a statement of economic interest with the state Ethics Commission from $50,000 to $75,000.  The limit would increase annually based on the Consumer Price Index.

May 19:  Senate Cloture Vote Roster
Senate Fails to Muster 18 Votes to Consider Education Budget
17-14, 4 Not Voting

Yes -  your senator voted to end the filibuster and supported K-12 in the budget;
No -  your senator refused to end debate, which supported the effort to kill the budget;
Not Voting -  your senator declined to vote. Because 18 affirmative votes were needed, as good as NO for K-12.

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Enacted Legislation:  A Recap of Education-Related
Legislative Acts Coming Soon.
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The 2007 Regular Legislative Session has ended.
A Special Session Looms.

'08 ARCHIVES

2008 Enactments

June 12

May 21

May 9

May 2

April 25

April 18

April 11

April 4

March 28

March 14

March 7

Feb. 29

Feb. 8

Feb. 15

Feb. 22