June 22, 2009

 

 

 

STATE NEWS

 

Budget News

 

On Monday, June 8, the House Appropriations Committee voted down Senate Bill 850 on a straight party line.  The Senate Republicans have declined further budget meetings with the Governor and House Democrats until the House Democrats pass a budget plan through their chamber.  The Governor has announced that he will present an amended budget by the end of next week with a $500 million reduction. 

 

Education Funding Bus Tour

 

The Governor's Office and the Department of Education are conducting a bus tour on the education budget.  School district leaders, teachers, community leaders, and other advocates will discuss the local impact of this year's education budget and the importance of maintaining Pennsylvania's investment in public education.  The final stop was on Friday, June 12^th , at Norristown School District.

 

Senate Bills

A similar bill, Saylor’s HB 970  is in the House Education Committee.

 

·         SB 687 requires that all property owned by or leased to any charter school or cyber charter school be exempt from every kind of state, county, city, borough, township or other tax as well as costs or expenses for paving curbing, sidewalk sewers or other municipal improvements.  Bill awaits consideration by the full Senate.

 

·         SB 833 establishes a 15-member commission to recommend a school district consolidation and realignment plan to the state legislature.  The commission, consisting of legislators, teachers, school board members, superintendents, parents, the chairman of State Board of Education and the Secretary of Education, would have one year to devise and submit a plan that identifies an optimal number of school districts and timelines for  redrawing boundaries, but could not amend it.  The bill has been referred to the Senate Education Committee.

 

·         SB 834 would establish standards for teacher preparation programs in state statute. Teacher education programs would require at least nine credits hours of instruction in accommodations and adaptations for students with disabilities in inclusive settings.  It also requires an additional three credits of instruction in working with students who are English language learners.  This bill has been referred to the Senate Education Committee.

 

Senate Education Committee unanimously reported the following bills:

 

·         SB 441 allows a certified registered nurse practitioner or a licensed or certified physician assistant to perform the physical exam necessary to receive a teaching certificate.  SB 441 was amended to also update the criteria that disqualify an individual from receiving a teaching certificate to include the illegal use of alcohol or controlled substances.  Individuals disqualified for this reason may receive a teaching certificate if upon review by PDE they are determined to be of good moral character.  SB 441 awaits further consideration by the full Senate.

 

• SB 736 requires school entities to develop a written policy to allow school children to possess epinephrine auto-injectors (Epi-pens).  This bill was amended to allow school entities to prohibit students from possessing an epi-pen if they are under 10 years old.  Students also must demonstrate competency to the school nurse (based on age, cognitive function, maturity and demonstration of responsible behavior) that they know how to self-administer the medication.  Schools entities that prohibit a student from carrying an epi-pen must store it in close proximity to the student and notify the student’s classroom teachers of its location and how to access it.  Further, schools must obtain updated prescriptions and parental approvals annually.  SB 736 was further amended to require the PA Department of Health to provide school entities with technical assistance and information regarding the administration of medication for allergies by school employees.  SB 736 awaits further consideration by the full Senate.

 

House Bills

 

·         SB 189 would provide extended health insurance coverage for dependent young adults up to age 30 under their parents’ insurance plan, provided they have no other coverage, are not married, have no dependents, are residents of PA or are enrolled as full-time students in a higher education institutions. Health insurers would be allowed to require premium increases for the coverage. This bill was sent to the governor on June 2, 2009.

 

House Education Committee adopted

 

• HB 1493 that would distribute basic education funding using the school funding formula adopted by the General Assembly in 2008, which is based on the findings of the state's 2007 Costing-Out Study, with small enhancements to improve the effectiveness and fairness of the formula.  The legislation will allow the state to meet the year-2 adequacy funding targets of the state’s six-year plan to fully implement its new education funding formula by using $418 million in federal economic stimulus funds to increase basic education funding above current levels.  HB 1493 has been re-committed to the House Rules Committee.

 

• HB 1121 requires the development of academic standards in world languages but does not require those standards to be part of Chapter 4 or be included toward any graduation requirement.

 

Pennsylvania Department of Education

 

Active Schools Grant allows middle schools to apply for grants of up to $5,000 to implement evidence based physical activity programs that improve cardiovascular, lung and bone health and lower childhood obesity.  Applications for the 2009-2010 school year will be accepted June 1 through June 30. 

 

21^st Century Learning Center Grant recipients will be required to include at least 30-60 minutes of physical activity into after school and summer programs.

 

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April 15, 2009

 

 

STATE NEWS

 

Senate Education Committee approved the following bills:

 

SB 55 expands the list of criminal offenses that would prohibit a person from being employed in public or private schools.  Under the bill, an employee’s failure to report a conviction would result in termination from employment and a fine of up to $2,500.  The bill was sent to the full Senate for consideration.

 

SB 56 expands the duties and responsibilities of the Office of Safe Schools, entities and police departments in reporting incidents of school violence.  The bill allows PDE to take disciplinary action against any chief school administrator or principal who intentionally fails to submit the report, enter into a Memorandum of Understanding (MOU) or report an incident.  Administrators would be subject of criminal prosecution and possible civil penalties ranging from $2,500 to $5,000.  The bill was sent to the full Senate for consideration.

 

SB 206 prohibits limitations on the wearing of official military uniforms on school property.  The bill was referred to the Veterans Affairs and Emergency Preparedness Committee.

 

SB 213 authorizes the Commonwealth to join the Interstate Compact on Educational Opportunity for Military Children to assist military families with matters related to school enrollment, record transfers, extracurricular activities and graduation requirements.  The bill was sent to the full Senate for consideration.

 

SB 287 requires PDE to establish a reporting standard for the annual financial report (AFR) that will eliminate duplicative reporting requirements between school districts’ annual audits and the AFRs.  The bill has been referred to the Senate Appropriations Committee.

 

SB 329 amends the state Public School Building Authority Act to raise the level at which the competitive bidding process must occur in awarding contracts from $4,000 to $25,000.  The bill has been referred to the Senate Appropriations Committee.

 

SB 332 raises the level at which school districts must solicit competitive bids or price quotes for construction contracts and the purchase of materials, supplies and equipment.  The threshold for soliciting competitive bids would be raised from $10,000 to $25,000.  The threshold for obtaining written or telephonic price quotes would be raised from $4,000 to $7,000.  The bill has been referred to the Senate Appropriations Committee.

 

Senate Local Government Committee approved the following:

 

SB 419 allows local government entities to publish legal notices on their Web sites rather than in newspapers under certain restrictions.  The bill requires the Center for Local Government Services to maintain an online list of local agencies providing Web-based notice.  The bill has been referred to the Senate Appropriations Committee.

 

The House Education Committee approved the following legislation to be placed in the House Tabled Bills Calendar.

 

            HB 520 permits PDE to reimburse school districts for school construction projects without requiring them to remove mobile classrooms from school property.  This bill also requires districts to demolish a school building within 10 years of it becoming unused unless it can be sold for at least 50% of its fair market value or donated to a nonprofit or political subdivision.

 

HB 705 requires school districts to establish parent involvement programs, policies and committees to identify resources available to parents to improve the academic performance of their children.

 

HB 713 establishes the Science Technology Partnership Program to provide grants to higher education institutions that partner with public and nonpublic schools to enhance their science curricula. Grants many not exceed $200,000 per subject area.

 

HB 794 establishes a program to assist teachers and public school in defraying the costs incurred when teachers seek National Board for Professional Teaching Standards certification.

 

HB 870 requires the Secretary of Education to establish state standards for business, computer and information technology courses.

 

HB 929 allows school boards to establish a program known as “Operation Recognition” to provide high school diplomas to veterans of the Vietnam War who did not graduate because of entry into military service.

 

Public School Employees Retirement System (PSERS) and the State Employees Retirement System (SERS) met with the House Education and State Government Committee to review the projected Pennsylvania employer contribution rate spike and potential options to address funding issues.  Testimony presented by PSERS and SERS indicates there are only three ways to remedy funding issues – increase funding to the systems, decrease liabilities of the systems or defer liabilities.  As a result of the hearing, State Government Committee Chairman Babette Josephs (D-Philadelphia) will be organizing a workgroup consisting of legislators and state and national pension fund experts to address these issues.,

 

PA Department of Education

 

PDE announced steps to increase participation in school breakfast programs by allowing school breakfasts to be included as part of instructional time during regularly scheduled homeroom periods and classroom instruction.

 

Secretary Zahorchak discussed the elimination of the Governor’s Schools of Excellence.  Last year, 643 students participated in the eight summer programs at a cost of $4,264 per students.  According to the secretary this is “nearly half what some of our school districts spend per pupil for an entire school year – and an amount that was sadly unsustainable in this recession.”

 

 

 

STATE NEWS

 

House Appropriations Hearing

 

Governor Ed Rendell wants to use $418 million in federal economic stimulus dollars for the basic education subsidy in 2009-2010.  The new education funding plan will increase the Governor’s initial proposal for basic education subsidy by $118 million, allow the state to stay on schedule with phasing-in the new school funding formula adopted in July over six years, and provide full funding for the second year of the phase-in.  Rendell initially proposed increasing basic education by $300 million in state dollars; this state money now will be redirected to other budgetary needs.

 

Education Secretary Gerald Zahorchak told members of the House Appropriations Committee that Rendell plans to use $418 million in stimulus funds for basic education subsidy in 2009-2010 and $737 million in stimulus funds for the subsidy in 2010-2011.  Representative Mario Civera (R-Delaware) raised concerns about the Commonwealth’s ability to sustain funding at these levels in three years when stimulus funds are gone if the state’s economy has not recovered.  Zahorchak said the funds are necessary to keep pace with meeting districts’ adequacy funding targets and to help school boards act responsibly and not turn to local taxpayers to fulfill this need.

 

Zahorchak faced questions from legislators regarding the Governor’s plan to close the Scranton School for the Deaf and the Scotland School for Veterans’ Children, as well as plans to provide college tuition relief by legalizing video poker, institute standard end of course exams, explore school district consolidation, and temporarily shutter the Governor’s Schools of Excellence.

 

Senate Appropriations Hearing

 

Last week, Secretary Zahorchak also appeared before the Senate Appropriations Committee to respond to lawmakers’ questions regarding the Governor’s proposed budget for education.  Foremost on the minds of senators were the Secretary’s plans for school consolidation, standardized testing for graduation, tuition relief, and use of the federal stimulus money  Graduation Competency Exams (GCA’s)

 

Last week the Pennsylvania Department of Education (PDE), State Board of Education, and the Pennsylvania School Boards Association (PSBA) announced they have reached an agreement on high school graduation requirements and the end of course exams (Graduation Competency Assessments - GCAs) proposed by the state last year.

 

Under the agreement, GCAs will be replaced with a series of state-developed standard final exams called “Keystone Exams” that will be offered to school districts, along with a voluntary model curriculum and diagnostic tools to identify and help struggling students.  School districts could still use locally developed and administered tests to make high school graduation determinations, provided that the tests have been independently validated to make certain they are academically rigorous.  Further, school districts that use an independently validated local assessment would not have to use the state-provided standard final exams.  The cost to validate local assessments would be shared equally between the state and the school district.  This had been a sticking point in the initial proposal of the State Board with school districts concerned that they alone bear the entire cost to validate local assessments and this would make the local assessment option impractical.

 

Schools also could continue to use other options for assessing high school students for graduation, such as student performance on the PSSA state math and reading exams, Advanced Placement, or International Baccalaureate exams.  The State Board of Education will continue to gather public input over the next several months and will be ready to take formal action on the agreement once the moratorium on regulations pertaining to high school graduation that was enacted by the Legislature expires in June.

 

FEDERAL NEWS

 

American Recovery and Reinvestment Act State Allocations

 

The final bill will provide $53.6 billion for the State Stabilization fund, which will be divided as follows:

 

§           $5 billion for Secretary Duncan to spend on “Race to the Top” grants

§           $14 million for USDA administration, oversight and evaluation

§           $48.3 billion to Governors to restore State aid to school district and higher education institutions to the greater of 2008 or 2009 funding years.

 

Race to the Top Grants

 

The $5 billion allocated for the Race to the Top Grants will be disseminated in the following way:

 

§           Up to 1% ($50 million) for technical assistance to state

§           Up to $650 million for the Secretary’s Innovation Fund

§           Approximately $4.3 billion to states meeting certain criteria

§           States must provide at least half of all Race to the Top grants to all districts by Title I formula

§           States may use remaining funds to improve student achievement giving priority to high need school districts

 

To receive Race to the Top grants, states must apply to the Secretary of Education. Applications must:

 

§           Assure the Secretary that the state will, in FY 09, 10 and 11, maintain state support for K12 and higher education at least at FY06 levels;

 

§           Address four areas:

o       Equity in teacher distribution, i.e. whether highly qualified teachers are evenly distributed between high and low- poverty schools

o       State development of a longitudinal data system that complies with the America COMPETES Act’s requirements

o       Enhanced assessments for ELL students and students with disabilities, and improved academic content standards and student academic achievement standards, and

o       Compliance with corrective actions for low performing schools

 

§           Address how the state would use grant funding to continue making progress towards achieving its student academic achievement standards

 

Innovation Fund:

 

The $650 million Innovation Fund is open to districts or consortia consisting of a non-profit organization plus districts or schools.  The three bases for making awards as gains in closing the achievement gap:

 

§           To allow recipients to expand their work and serve as models of best practices

§           To allow recipients to partner with the private sector and philanthropic organizations; and

§           To document and identify best practices that can be scaled

 

These funds are primarily geared toward the advancement of Charter schools.

 
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February 25, 2009

 

 

Legislative Services and Grants Development

 

STATE NEWS

 

House Education Committee Members

 

The House has completed the committee assignments.  Representative Curry will continue as Subcommittee Chair on Higher Education.  He represents Cheltenham, Jenkintown, and Springfield School Districts.  Also serving on the education committee are Tom Murt representing Bryn Athyn, Hatboro-Horsham, Lower Moreland, Upper Dublin, and Upper Moreland School Districts; and Tom Quigley representing Pottsgrove, Pottstown, and Spring-Ford School Districts.

 

State Board of Education

 

The State Board of Education held its first meeting of the new year, selecting high school reform; health, wellness and safety; and teacher and administrator quality as its three priority issues for 2009.

 

BEC on Student Enrollment

 

The Basic Education Circular (BEC) on Enrollment of Students combines two previously published BECs concerning “Enrollment of Students” and “Education of Children Residing with an Adult Other that a Natural Parent.”  Specific procedures outlined in the BEC include the following:

 

·        A school district must enroll a student within five school days after a school district receives proof of residency, age and immunization record.

·        Parents are allowed a wide variety of options in providing proof of a child’s age, immunization documentation and proof of records.

·        A school district may not deny or delay a child’s school enrollment based on information contained in a disciplinary record or sworn statement.  However, if a student is currently expelled for a weapon’s offense, the school district can provide the student with alternative education services during the period of expulsion.

 

Budget

 

Governor Rendell has now announced that he projects a $2.3 billion deficit in the budget for next year. Attached is more information on his budget proposal.

 

Graduation Competency Assessment Hearings

 

The State Board of Education will conduct its second regional public hearing on “high school reform” on Thursday, February 19, beginning at 10:00 a.m. at Westmoreland County Community College in Youngwood.  The purpose of the hearings is to provide Board members an opportunity “to listen to concerns and hear suggestions about ways to improve its proposal to strengthen state high school graduation requirements.”  The focus will be the proposed graduation competency assessment plan. I will let you know when there is a hearing in our area.

 

FEDERAL NEWS

 

House Stimulus Bill

 

House Appropriations Committee approved its $819 billion 2009 Stimulus bill, “American Recovery and Reinvestment Act of 2009.”  In it all of our districts would receive increases in IDEA funding, most would see increases in Title 1 funding and monies for construction over the next two years.  I have not provided you with the information because it is so preliminary to be relatively worthless for any budgeting purposes.  However, I did email all of our federal legislatures letting them know that we need and support any bill that provides us with additional funding.

 

Key provisions of the economic stimulus include the following increases:

 

$13 billion for Title I grants for disadvantaged students;

$13 billion for special education grants;

$1 billion for education technology;

$300 million for teacher quality;

$100 million for Impact Aid; and

$66 million for the McKinney-Vento Homeless Assistance program for students.

 

Senate Stimulus Bill

 

The Senate passed its $838 billion version of a stimulus package.  The Senate’s version eliminates funds for school construction jobs.  It calls for more tax cuts, greater tax breaks for home buyers and for the purchase of new cars.

 

Now both branches will try to hammer out a compromise bill to meet the President’s weekend deadline.

 

 

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  STATE NEWS

 

Senate Education Chair

 

Senator Jeff Piccola (Dauphin) was named chairman of the Senate Education Committee replacing long-time chairman James Rhoades who was killed in an automobile accident shortly before the November election.  Senator Piccola served in the House of Representatives from 1977 until his election to the Senate in 1995.  He has been a member of the Senate Education Committee since his election to the Senate. Piccola was the prime sponsor of the "Education Empowerment Act" that allowed for state oversight of poorly performing school districts and paved the way to transfer oversight of the Harrisburg School District to the mayor of Harrisburg.  Considered a "conservative" on many issues Piccola has been an advocate for charter schools and the Education Improvement Tax Credit Program (EITC).  The EITC allows businesses to earn tax credits from state business taxes by making donations to "education improvement organizations" to assist public schools and to "scholarship organizations" that provide scholarships to help low and moderate income parents to pay tuition for pre-school and K-12 schools.  Piccola was one of only two senators who voted last spring against restrictions on the State Board of Education’s authority to implement graduation competency assessments (GCA’s).

 

State Report Card for Higher Education

 

Attached is a summary of the State Report Card on Higher Education released by Measuring Up 2008, the most recent in the series of national and state-by-state report cards for higher education.  The key findings this year reveal that most of the 50 states are making some advances in preparing students for college and providing them with access to higher education.  Pennsylvania received an A in college completion.  Sixty-five percent of college students complete a bachelor’s degree within six years – a top performance on this indicator. The lowest grade received was an F in affordability.  Financial aid to low-income students is high compared with other states but poor and working-class families must devote 61% of their income, even after aid, to pay for costs at public four-year colleges.  The full Measuring Up report can be accessed at http://measuringup2008.highereducation.org/index.php.  Pennsylvania’s report card is at http://measuringup2008.highereducation.org/states/report_cards/index.php?state=PA.

 

Shortfall in State Revenue

 

The state Department of Revenue reported that Pennsylvania collected $1.6 billion in General Fund revenue in November, $93.1 million, or 5.4% less than anticipated.  General Fund collections to-date in fiscal year 2008-2009 are $657.9 million, or 6.8%, below estimate. Following the revenue announcement Governor Rendell announced another $128 million in proposed spending cuts, to include a pay freeze for more than 13,000 non-union state employees and directed 51 cabinet and executive officials to donate back their cost-of-living increase. Additional spending reductions are not yet specified but the Governor expects nearly 400 out of a total 500 appropriations under his jurisdiction will be reduced.

 

Open Records Fees

 

The new state Office of Open Records announced that under the new schedule, agencies, including school districts, may charge no more than 25 cents per page for copies of public documents.

 

School Safety Issues

 

The State Board of Education and PDE announced a collaboration to form a working group to examine school safety issues.  Newly appointed Senate Education Committee chair, Jeffrey Piccola has stated that he intends to reintroduce legislation that would streamline the reporting process, require school districts to streamline the reporting process, require school districts to submit violence reports to local law enforcement to verify the report, and hold administrators personally responsible for the report’s submittal, subjecting them to a potential fine for late submittal to the department.

 

MJG/dlk

 

STATE NEWS

 

Shortfall in State Revenue

 

Secretary of Revenue Tom Wolf reported that General Fund revenue in October was 14.7 percent less than anticipated.  Fiscal year-to-date General Fund collections was $564.8 million below estimate.  Several education initiatives have been targeted for reduction in the current fiscal year.  These include Technology Initiative (11%); Science is Elementary (6%); Science and Math Programs (4%); Teacher Professional Development (6%); and Nonpublic and Charter School Transportation (2%).  Specifics concerning how each program will be reduced are not yet available.

 

General Assembly

 

Members of the House of Representatives will return to their post-election session on Wednesday, November 12.  Much of the remaining time will be devoted to routine end of session business and the election of caucus leaders.  Since the Senate does not plan to consider substantive legislation during this "sine die" session there is little purpose for the House to take up new legislation.

 

Most of the floor time during the post-election session will be devoted to departing members of both the House and Senate delivering "good-bye" messages to their colleagues and constituents.  With 27 members leaving the House and 7 leaving the Senate plenty of floor time will be consumed.

 

The House Education Committee has two meetings planned but will not act on any bills. On November 12, the committee will have a public hearing on Chapter 49 of the State Board of Education regulations dealing with teacher preparation programs.  A public hearing on the "state of special education" will be conducted by the sub-committee on special education.  Representative Barbara McIlvaine- Smith will preside at the hearing on special education.

 

Both the Democrat Caucus and the Republican Caucus in the House of Representatives will elect their caucus leadership on November 18.  Republicans had planned to hold their elections earlier and recently changed the date.

 

Currently, William DeWeese is the Democrat Leader.  He is likely to face a challenge to his office.  Among other current Democrat officers are:  Keith McCall, Whip; Mark Cohen, Caucus Chair; Dwight Evans, Appropriations Committee Chair; and Todd Eachus, Policy Committee Chair.  Dan Surra, the caucus administrator, lost his election and will not return to the House.  Selection of officers in the Democrat Caucus is affected by the potential for Democrats to elect one of their senior members to the position of House Speaker when the new session convenes in January.  Their elections are also complicated by some members calling for Bill DeWeese to step down due to ongoing criminal investigations concerning alleged payments of House staff bonuses for political work.  The outcome of either of these situations would affect the Democrat leadership line-up.

 

On the Republican side of the House things appear less complicated.  Having lost several key elections they are unlikely to have one of their members elected House Speaker. Currently, Denny O'Brien, a Republican, is the Speaker but he was elected by the Democrat caucus with support of six Republicans.  With a more solid Democrat majority (104-99), such an arrangement is not likely to occur again. Republican Leader Sam Smith is expected to keep his position.  Mario Civera is expected to hold onto the Minority Chairmanship of Appropriations and Mike Turzai may succeed Dave Argall as Whip. Representative Argall is expected to seek the Republican nomination to fill the vacant Senate seat previously held by the late Senator James Rhoades.

 

Senate caucus elections also are planned for late November.  Senate leadership is not expected to change dramatically since the Republicans continue to hold a comfortable majority (30-20) and few leaders were affected by the elections.  Senator Scarnati will continue as President Pro Tempore and Senator Pileggi will remain Majority Leader. However, both the Republican and Democrat chairs of the Appropriations Committee will be new. Neither Senator Gib Armstrong (Lancaster) nor Senator Vince Fumo (Phila.) stood for reelection to their Senate seats.

 

One other committee chairmanship that is certain to change is the majority chairmanship of the Education Committee.  Senator James Rhoades who held that position for many years was killed shortly before the election.  Consequently his senate seat and committee chairmanship are vacant.  A special election will be held to fill his seat. Senator Rhoades' daughter, Ali Rhoades-Hobbs, and Representative Dave Argall are seeking the Republican Party endorsement to run for the seat.  Representatives Tim Seip and Neal Goodman are seeking the Democrat endorsement.

 

Election Outcome

 

This week's election had little impact on the Pennsylvania Senate. In most cases Democrats held onto seats held by Democrats and Republicans held onto seats held by Republicans.  One exception occurred in Beaver County's 47th Senate District where Republican Elder Vogel defeated Democrat Jason Petrella.  Senator Gerald LaValle did not seek reelection and Petrella was the second Democrat candidate to pursue the seat. The first candidate was Representative Sean Ramaley who is the only sitting House member indicted in the "bonusgate probe.”  Following his indictment he dropped out of the Senate race and Petrella replaced him.  Petrella's alleged close association with several figures tied to the probe likely affected the election outcome in this heavily Democrat district.

 

In the House 27 new members were elected and several House districts changed party allowing the Democrats to secure a 104-99 margin.  One seat is subject to a mandatory recount.  In Johnstown's 71st House District Democrat Bryan Barbin won by a margin of less than 1% causing the need for a recount.  If the outcome holds, Barbin will replace retiring Ed Wojnaroski.

 

Republicans lost several seats in Bucks, Montgomery and Chester Counties.  In District 31 (Bucks) Democrat Steve Santarsiero will replace retiring Republican Dave Steil. Republican Jay Moyer (Montgomery 70th) was defeated by Matthew Bradford.  And, in Chester County two Republican seats will be held by Democrats.  Paul Drucker will succeed Carole Rubley in the 157th District and Tom Houghton will replace retiring Art Hershey in the 13th District.

 

In other parts of the state, Republicans picked up several seats now held by Democrats. These include District 15 in Beaver County now held by Vince Biancucci, District 57 in Westmoreland County now held by retiring Tom Tangretti, and District 75 in Elk County now held by Dan Surra.

 

Longtime Republican Chair of the House Education Committee, Jess Stairs (Westmorland) did not seek reelection and will retire.  Two key House members who were the prime sponsors of legislation to establish a statewide school employee’s health insurance plan will end their service this month.  One is retiring and one lost his election. Representative Steve Nickol (York-R) is retiring and did not run for reelection.  He was prime sponsor of HB 1841.  Representative Nickol was also one of the most knowledgeable members concerning PSERS and was a member of the PSERS Board. Representative Dan Surra (Elk-D) was the prime sponsor of HB 1277, the most recent version of the statewide health insurance proposal. Representative Surra lost his reelection bid.

 

Outgoing House and Senate members will conclude their service on November 30.  New members take office on December 1 and will be sworn in when the House and Senate convene the new session on Tuesday, January 6, 2009. All House and Senate bills and resolutions introduced this session that were not enacted or passed will die when the chambers officially adjourn later this month.

 

FEDERAL NEWS

 

New Standard for School Bus Seating Systems

 

The U.S. Department of Transportation’s Highway Traffic Safety Administration has issued new final standards that require higher seat backs on all new school buses manufactured on or after October 21, 2009 and mandate lap and shoulder belts on small school buses manufactured on or after October 21, 2011.  A small school bus seats 15 or fewer persons and may have one or two wheelchair seating positions.

 

U. S. Department of Education Issues Final NCLB Regulations

 

The rules intend to clarify assessment provisions, call for uniform and disaggregated graduation rates and revise parental notification for supplemental education services and public school choice. They will become effective 30 days after they are published in the Federal Register.

 

Graduation Rate:  All states must use the same formula to calculate how many students graduate from high school on time and the number of drop outs.  The final regulations define the “four year adjusted cohort graduation rate” as the number of students who graduate with a regular high school diploma divided by the number of students who entered high school four years earlier, adjusted for transfers, students who emigrant and deceased students.

 

            The four-year adjusted cohort graduation rate must be reported at the high school, district and state levels in the aggregate as well as disaggregated by sub groups beginning with report cards providing results of assessments administered in the 2010-11 school year.

 

            Optional Extended-Year Adjusted Cohort Graduation Rate.  States may seek approval from the secretary to report a second graduation rate that includes students who take more than four years to graduate.

 

            Graduation Rate Goal, Targets and AYP.  For a school or district to make AYP it must meet or exceed that state’s graduation rate goal or demonstrate continuous and substantial improvement from the prior year.

 

            Disaggregating Graduation Rate Data.  Prior to 2010-11 school year states will be required to report aggregate and disaggregated graduation rates by subgroups at the high school, district and state levels using either the four-year adjusted cohort graduation or a transitional rate. More information will be available once states receive approval for their plan from the USDOE secretary.

 

Testing, AYP, Reporting Changes

 

            Assessments and Multiple Measures.  States may use “multiple up-to-date measures of student academic achievement” for Title I accountability reports.

 

            National Assessment of Educational Progress.  States and districts must include the most recent NAEP reading and mathematics results for the state including participation rates for students with disabilities and for limited English proficient students on their report card. The data must be disaggregated for each subgroup.

 

            Parental Notification.  States must make more information available to the public about what tutoring providers are available, how these providers are approved and monitored, and how effective they are in helping students improve.

 

            Same Subject Identification for Improvement.  The law requires that every subgroup meet the state’s Annual Measurable Objective (AMO) in each subject each year. A school is identified as “in need of improvement” if the school does not meet the AMO in the same subject for two consecutive years regardless of the subgroup.

 

            Restructuring.  A school’s restructuring plan must include more that replacing the principal.

 

MJG/dlk

Attachment

 

STATE NEWS

 

The Senate and House concluded their pre-election work this week and will not return to Harrisburg until November. The Senate will return for two days (November 20 and 21, 2008) to confirm executive nominations, elect caucus leaders, bid farewell to departing members and complete other end of session duties. The House will return for four to six days after the election. A few educations bills are in position where action could be concluded during this time period, if they do not encounter controversial amendments.

 

SB 219 amends the School Code to allow Certified Registered Nurse Practitioners (CRNP) and Physician Assistants (PA-C) to certify that candidates for teaching certificate are not disqualified by reason of physical or mental disorders from performing as teachers. The bill also requires the Department of Education to establish a procedure for transmitting fingerprints for applicants for employment to the FBI for criminal history reports.

 

SB 467 would amend the Sunshine Act to increase the maximum penalty for a first time violation from $100 to $1,000, plus the costs of prosecution. The penalty for second or subsequent violations would be no more than $2,000, plus costs of prosecution.  There has been discussion in the House to lower the fines.

 

SB 472 would secure statutory authority for the “Science in Motion” grant program, which funds institutions of higher education that partner with public and nonpublic schools to enhance their science curricula.

 

SB 731 would require school entities to develop policies concerning student possession and use of epinephrine auto-injectors for self-administration while on school property or while at school events.

 

BILLS APPROVED THIS WEEK

 

SB 295 won final approval and was sent to the governor for his signature. This bill would limit "idling" by diesel-powered commercial vehicles to five minutes in any continuous 60 minute period. Several exceptions are provided in the bill including two that affect school buses and school vehicles.

• When a bus, school bus or school vehicle must idle to provide heating or air conditioning when non-driver passengers are onboard, provided that the bus does not idle for more than 15 minutes in a continuous 60-minute period, except when idling is necessary to maintain a safe temperature for students with special needs who are transported by a school bus or school vehicle.
• For a school bus located off school property during queuing for the sequential discharge or pick-up of students because the physical configuration of a school or the school’s surrounding streets does not allow for stopping.

 

SB 1258 won final Senate approval and was sent to Governor Rendell who is expected to veto the bill. This bill would limit school districts and other taxing entities from appealing assessments on properties a taxing entity considers under-assessed.  Similar bills were passed earlier this year and were vetoed by the Governor.

 

GRANT OPPORTUNITY

 

The Pennsylvania Department of Environmental Education has announced that applications for the 2009 Environmental Education Grants Program are now available.  Grant amounts vary from $3,000 for mini-grants up to $20,000 to provide environment education on timely and critical topics including sustaining energy sources, air quality, watersheds and wetlands. Applications are available at www.depweb.state.pa.us.

 

UPDATE ON GRADUATION COMPETENCY ASSESSMENTS

 

State Education Secretary Gerald Zahorchak has stated that during the Department of Education review of strategic plans from more than 300 school districts that “there is little evidence from this source to conclude that local assessments are comparable or aligned to state academic and performance standards.”  For this reason he called for districts to submit their local assessments to the department.  Three hundred and fifty schools complied.  PDE has contracted with Pennsylvania State University for a two phase study.  The first phase will create a database to document and describe the range of local assessments used to measure proficiency in reading and mathematics throughout the 350 districts.  Researchers will review the assessments to gauge the degree of alignment to standards.  The second phase will include an in-depth analysis and description of the assessments used in a selected sampling of districts.  The study is expected to be completed by the spring of 2009 and a final report will be submitted to the department in early May. Dr. Zahorchak did not address the Request for Proposal for the development of 10 Competency Assessments, corresponding curriculum and diagnostic assessment tools that was issued by PDE on August 28, 2008!!!

 

 

FEDERAL NEWS

 

HR 2638 the “Consolidated Security, Disaster Assistance and Continuing Appropriations Act of 2009,” was signed into law by President Bush.  This bill provides level funding at the current Fiscal Year 2008 allocations for all K-12 education programs through March 6, 2009.

 

Reauthorization of ESEA

There is a consensus that NCLB needs revision, but there is no consensus about what revisions should be made.  In general, many education groups argued that ESEA should be refocused, reframed and renamed to supplement the improvement of educational outcomes for low income and minority students.

 

IDEA Mandatory Funding   

All members of Congress are committed to the idea of fulfilling their 40% commitment, however the current budget continues to reflect a 17% funding. Both the House and Senate have bills to ensure full funding by 2015.

 

Medicaid Reimbursement

The ability for schools to claim administrative and transportation costs associated with services provided to students with disabilities and low-income students was extended until April 1, 2009. Both House (HR 1027) and Senate (S 578) have proposed bills ensuring a long term solution reinforcing the right of school districts to claim Medicaid reimbursement for administrative and transportation related costs.  The bills will expand Medicaid to include 504 students and create a uniform methodology for claiming that would make it easier for school districts to participate.

 

E-Rate SB 609 and HB 278 would permanently exempt the Universal Service Fund from Anti-Deficiency Act guaranteeing that E-Rate funding would not be disrupted.

 

 

 

September News

 

PSSA Test Dates:  The Department of Education recently announced that it will revert to the originally posted PSSA testing schedule for the 2008-2009 school year, and will not be using the revised schedule that was announced in August.  The secretary also noted that school officials generally supported the department’s plans to test later in the school year to allow for maximum instruction prior to the assessment, and for consolidating multiple testing windows into one so there will be less testing disruption during the school year. PDE will move forward with these changes in 2009-2010.

 

Immunization Catch-Up:  The state Department of Health, Division of Immunizations, is again offering the School Immunization Catch-Up Program for the 2008-2009 school year.  School districts that want to participate in the SICU Program for the 2008-2009 school term must complete the Vaccine Ordering and Vaccines for Children Program Eligibility Forms and return them to the Division of Immunizations.  The SICU forms as well as the steps to implementing a SICU Program can be found on the Department of Health's website at www.health.state.pa.us/immunizations.

 

HB 1067: Omnibus Bill

 

Section 1303.1. Anti-bullying Policy – Districts do not have to establish new anti-bullying policies; however policies must contain the following information and be incorporated into the Code of Student Conduct:

1.      Delineate disciplinary consequences for bullying and may provide for prevention, intervention and education programs

2.      Be available on internet website and in every classroom

                        a.  be prominently posted in each school building

b.  policy and procedures for reporting bullying incidents must

     be  reviewed with students within 90 days of adoption

3.  Policy must be reviewed every three years. Information related to the development and implementation of any bullying prevention intervention and education programs must be annually reported to PDE

4. Bullying shall mean an intentional electronic, written, verbal or physical act or a series of acts. Schools shall not be prohibited from defining bullying in such a way as to encompass acts that occur outside of school if those acts meet requirements below

a.       directed at another student or students (which occurs in a school setting)

b.      that is severe, persistent or pervasive

c.       that has the effect of doing any of the following:

1.      substantially interfering with a student’s education

2.      creating a threatening environment; or

3.      substantially disrupting the orderly operation of the school; and “school setting” defined as in the school, on school grounds, in school vehicles, at a designated bus stop or at any activity sponsored, supervised or sanctioned by the school.

 

Section 1310.1. Classroom Placement of Twins or Higher Order Multiples

A parent or guardian of multiple birth children may request that their children be placed in the same or separate classrooms.  This request shall be honored unless after consultation with the school superintendent or designee, the principal determines that alternative placement is necessary.  The parent or guardian must request the classroom placement no later than 10 days after the first day of attendance.  If the principal, in consultation with the teacher of each classroom in which the multiple births are placed, determines that the requested classroom placement is disruptive to the classroom, the principal may determine the appropriate classroom placement for the siblings.  The district is not required to place the children in separate classrooms if the request would require additional classes be added to the grade level. A parent may appeal the principal’s placement in the manner provided by school district policy.

 

Section 1305-A. Transfer of Records

Whenever a pupil transfers to another school entity or nonpublic school, a certified copy of the student’s disciplinary record shall be transmitted to the school to which the pupil has transferred.  The school entity to which the student has transferred should request the record.  The sending school shall have to 10 days from receipt of the request to supply a certified copy of the student’s disciplinary record.

 

Section 1615. Virtual High School Study Commission

The virtual high school study commission is established within the Department of Education to examine the feasibility and costs associated with creating a state-operated, internet-based high school, which would provide secondary students’ throughout the commonwealth with access to a wide range of learning services including expanded curricular offerings such as higher level mathematics, science,  foreign languages and advanced placement courses; scholastic aptitude testing preparation programs; expanded offerings for gifted and talented students, and increased offerings for at-risk students.

 

Section 1720-A. Term and Form of Charter

A governing board of a school district of the first class may renew a charter for a period of one year if the board of school directors determines that there is insufficient data concerning the Charter school’s academic performance to adequately assess that performance and determines that an additional year of performance data would yield sufficient data.  The one-year renewal may not be appealed to the state charter school appeal board.  The district does not have the authority to renew a charter for successive one year periods.

 

Summer News

 

STATE ISSUES

 

Fall Legislative Calendar

 

Legislators will have just 10 days to complete legislative business at the conclusion of the 2007-2008 session following their return to Harrisburg in mid-September.  The House plans to be in session nine days prior to the November election, returning on September 15^th while the Senate has planned only 10 session days.  Although the House is planning three weeks of sine die session after the election, the Senate is not scheduled to return except for one day to elect an interim Senate president pro tempore.  Therefore, any bills that will require final Senate action will need to be considered before November 4^th.  The Governor has announced his priority issues for the coming session as the pending increases in electric rates and health coverage for the uninsured.

 

Bills Signed into Law

 

SB 1063:  signed by the Governor, now Act 32 of 2008 will reduce the number of earned income tax collectors in Pennsylvania from 560 to 69, largely following county lines.  Municipalities and school districts in each tax district will have delegates on a committee that will appoint a company to collect earned income taxes for them.

 

SB 1412:  reauthorizes the Keystone Opportunity Zone program and extends the tax-free status for unoccupied zones for an additional seven years beyond the current December 31, 2008, expiration date.  The bill also authorizes creation of up to seven new expansion zones if contiguous to a current zone.

 

HB 1150:  requires insurance companies to provide up to $36,000 per year for applied behavioral analysis (ABA) training and other treatments for children with autism under the age of 21.  Currently, insurers are not required to cover autism services and most families obtain some services through the state’s Medical Assistance program.  Governor Rendell has stated he will sign the bill.

 

House Resolution 803:  urges the Secretary of Education to direct school districts to provide training in the playing of Taps.

 

 

Graduation Competencies (GCAs)

The Independent Regulatory Review Commission (IRRC) issued written comments that echoed concerns state lawmakers and others have raised about a proposal to require high school students to pass a battery of tests, known as Graduation Competency Assessments (GCAs), before they can graduate.  (See attached summary.)

 

The commission asked several questions about why the proposed regulations were needed, how the tests would be implemented, and how much it would cost the state's 501 school districts.

 

The IRRC said changes to Pennsylvania's high school graduation testing requirements should be tailored to individual school districts, instead of being mandated statewide.

 

If the State Board of Education determines that regulatory changes are needed, it should consider administering those changes on a case-by-case basis, not as a statewide mandate.

 

For now, the state Education Department plans to develop tests that school districts can administer voluntarily, starting in the 2009-2010 school year.

 

Although language included in the School Code bill accompanying the budget prohibits any final action on the proposal until after June 30, 2009, the State Board is not prohibited from further considering the proposed revisions and may discuss the IRRC comments at the next scheduled meeting in September.

 

Meanwhile on July 28^th, Secretary of Education Gerald Zahorchak announced that the department will conduct an evaluation of districts' local assessment systems and requested that all school districts submit to the department by August 30^th a list of local assessments used in 2007-2008, a sample copy of each listed assessment, and student/scoring guides or rubrics utilized with portfolios and projects.  According to the Secretary, the department will conduct a detailed analysis of local assessment data from a sample of districts and may request additional documents for that analysis.

 

Spot Assessments

Both the House and Senate approved HB 1438 and SB 1247, but the Governor vetoed the two bills that would have eliminated “spot assessments.” The bills would have allowed local tax entities to appeal a property’s assessment only if the property is subdivided or substantial improvements have been added or removed.  School district officials indicated that the bill would have reduced revenues from the sale of properties that had gained substantial value over time and thus would increase the overall tax burden.

 

In his veto message, Governor Rendell stated, “This right to appeal assessments is a fundamental structure of our property tax law since it ensures that taxpayers can seek redress if they believe that assessors have undervalued, or overvalued, the fair market value of properties in their communities.  Undervaluing of properties may result in a higher millage rate being imposed on all taxpayers.”

 

Governor Rendell also recommended that the legislature start to tackle the long term solution to this problem - the passage of legislation that would compel regular assessments at the county level.

 

Burden-of-Proof in Due Process Hearings

Three bills have been introduced that would place the burden-of-proof on school districts in due process hearings concerning placement and services for students with special needs.

 

The 2005 U.S. Supreme Court decision in Schaffer v. Weast determined that the party seeking “relief” in such disputes has the burden of proof in due process hearings under the Individuals with Disabilities in Education Act (IDEA).  HB 2718 (McIlvaine Smith), HB 2438 (O’Brien) and SB 1414 (Rhoades) would return Pennsylvania to a pre-2005 process that places burden of proof on school districts in all such cases.

 

Advocates for parents of children with disabilities are pressing lawmakers to consider these bills in the remaining days of the 2007-2008 legislative session.

 

State Board of Education

Karl Girton, Chairman of the State Board of Education, resigned from the State Board of Education, effective August 1^st. Girton had served on the Board for 16 years and was appointed chairman by Governor Mark Schweiker in 2002.  Previous to his term on the State Board, Girton served on the school board of the Millville Area School District and as President of the Central Susquehanna Intermediate Unit.

 

Governor Rendall appointed Mr. Joseph Torsella as the new chairperson.  Mr. Torsella is President and CEO of the National Constitution Center in Philadelphia.  He lives in Flourtown, Montgomery County.  Mr. Torsella was appointed to the Board in May.

 

FEDERAL ISSUES

 

Teacher/Administrator Recruitment and Mentoring Bill

This competitive program requires colleges of education to partner with districts in high poverty and geographically isolated districts for the purpose of conducting in school teacher mentoring programs.  In addition to the teacher program, the new Higher Education Act provides leadership development grants for education agencies to encourage teachers to become principals and principals to become superintendents.

 

HB 6239

Congressman Graves has introduced this bill to temporarily suspend identifying schools as in need of improvement and imposing sanctions on such schools until the last day of the 2008-2009 school year or until the reauthorization of ESEA.

 

Education Poll

The 40^th annual Phi Delta Kappan/Gallup poll of the Public’s Attitudes Toward the Public Schools found that two-thirds of American’s believe NCLB needs to be changed significantly or permitted to expire and only one in four believe it has helped local schools.  More than 7 in 10 parents gave their schools an “A” or “B.”  More than 7 in 10 of all those polled believe that the next president should rely on education leaders for guidance in education policy rather than on politicians or business leaders.

 

New Disability Definition

Congress has taken action to widen the definition of “disability” under the Americans with Disabilities Act (ADA).  The proposed legislation is the ADA Restoration Act of 2007 (H.R. 3195) and essentially expands the definition of disability to ensure that employers continue to hire individuals whose symptoms of their respective physical and mental health issues are virtually eliminated by their treatment.

 

The push for expanding the definition of “disability” stems from actions of some retailers, who were indiscriminately firing persons with disabling conditions that had been corrected by appliances or medication, such as those with hearing problems who wear hearing aids or epileptics whose seizures are under control through prescription medications.

 

There are two primary concerns with this legislation.  In terms of employment, we want to make sure that the legislation would not require schools to hire individuals they would not normally hire regardless of disability status due to safety concerns.  For example, we would want to make sure school districts would not have to hire school bus drivers who rely on hearing aids.  While the listening devices essentially eliminate the driver’s hearing disability, technical failure of the listening device would put students in harm’s way.

 

Another major concern centers on the definition of eligibility.  The eligibility definition being altered in the legislation is the same one used for eligibility for 504 educational services.  This legislation may expand the definition of eligibility, leaving districts responsible for providing additional services, the related new administrative costs and potential litigation.