A Recap of the State Board Of Education's
April 2007 Work Session

Governor Calls for Prohibition on Hiring State Officials in K-12 Schools

Gov. Bob Riley, who serves as president of the state Board of Education by virtue of his office, asked fellow members to forbid state officials from working in public elementary and secondary schools.

Riley proposed the Alabama Administrative Code rule at the board’s K-12 work session at Decatur High School in Decatur Thursday.

The proposed rule would prohibit the state Department of Education and any city or county board of education from:

• employing any elected state official or entering into any personal or professional services contract under which services are to be performed by a state official; or
• entering into any contract or business relationship with any corporation, partnership, company, joint venture or other business entity in which any elected state official holds a financial interest of 5 percent or more.

The proposal also limits K-12 employee absences and leave for “outside employment and activity.” If approved, Riley’s proposed rule would not grandfather in existing K-12 employees who serve as state officials.

“If you work in the K-12 system, we expect you to be there,” Riley said. “And it is very, very difficult to do when you work in the Legislature.”

The governor said the proposal is important “if we are going to do what is best for students, not what’s best for our appropriations.”

Riley also had a member of his legal team explain the legal grounds he believes the state board has to approve the rule. He said the state board, in his opinion, would not be infringing on local boards’ authority by setting the boundaries for hiring state officials.

“We make decisions about curriculum. We set standards for what teachers must do. We even tell them whether or not they can have a soft drink in the school,” Riley said. “I think we’re pushing the outside of the envelope when … we say we don’t have the legal authority to tell a local board what to do. Of course we do. If not, there is no reason for us to exist.”

The board decided to discuss the governor’s proposal in more detail at a future meeting. Morton also reserved his comments on the issue for that time.

Also during Thursday’s work session, Dr. Susan Lockwood of the School Superintendents of Alabama and Dr. Jim Williams of the Public Affairs Research Council of Alabama presented a report on the adequacy of the other current expense (OCE) allocations to local school systems.

They reported the state’s Foundation Program established more than 10 years ago provides state funding to systems for salaries, fringe benefits, instructional support and other current expense, generally used for operations and maintenance.

However, systems had to sink local dollars into such OCE expenditures as utility services, maintenance and operations supplies, custodial salaries, property repairs and services, secretary and clerk salaries, insurance services, office and general supplies and telephone service.

Lockwood and Williams also reported the state’s Foundation Program seems to more equitably allocate state funding compared to the old funding system.

“Before the foundation program, the rich were getting richer and the poor were getting poorer, and that disparity has been eliminated … through the operation of that 10-mill contribution of local funds,” Williams said. “The state puts in 89 percent of the money and the locals 11 percent; that’s an average.”

Generally, Williams said, the wealthiest school systems with the greatest local tax capacity have received $2.50 in state dollars for every $1 of local money they have invested since the birth of the Foundation Program. Poorer systems have received $8 for every dollar they have put into the funding program. Each school system is required to generate 10 mills of property tax to participate in the state funding program.

“Now, equity is a good thing, but obviously if we share an inadequate amount of money, then everybody goes hungry when you equitably distribute that,” Williams said. “So, there’s an adequacy issue.

“The locals are putting their money in to make up for the places where they perceive there is not adequate support from the state Foundation Program,” Williams said, if they have local money to invest in those areas.

“The strongest features of our program are in the instructional areas and the salary-related things. That’s where the state ought to be putting its priorities. We just have to make sure the other areas are adequately funded, as well,” Williams added.

At its June 14 meeting in Montgomery, the state board is expected to vote on the repeal and adoption of new administrative rules for special education services. Regional hearings across the state drew public input, including concerns related to autism.

Morton said the public feedback was considered in revisions made to the proposed code. The changes would align Alabama’s special education services rules with new federal Individuals with Disabilities Education Act regulations. If approved, the changes would become effective July 19.

In other business, the board received the list of preferred trustee board candidates for the Alabama School of Fine Arts. The five positions will be voted upon at a future meeting. If affirmed, the trustees’ new terms will begin in July.

Thursday’s work session was the first of two out-of-Montgomery meetings the board has planned. Members of the board were greeted Thursday by Decatur Superintendent Dr. Sam Houston, the principal, members of the Decatur school board – including AASB District 8 Director Dr. Charles Elliott – and other area school superintendents and administrators. Two students who are part of Decatur High’s budding international baccalaureate program also addressed the board. The board’s next regular meeting is May 10 in Montgomery.

—Denise L. Berkhalter