March 21, 2012
FEDERAL LEGISLATION
1. Reauthorization of ESEA (No Child Left Behind)
On February 28, 2012, the House Education and the Workforce Committee held a markup for its draft reauthorization of the Elementary and Secondary Education Act. The Committee considered the Student Success Act (HR 3989) and the Encouraging Innovation and Effective Teaching Act (HR 3990), as well as the All Children are Equal Act (ACE). Even though the Senate bill and markup were bi-partisan, the House Committee Democrats voted as a caucus to support only Democrat proposals. Both HR 3989 and HR 3990 were passed out of the committee, along straight party-line votes (23-16). The ACE Act, however, which supports that all Title I eligible students receive equal treatment under the law, and was a bipartisan effort, was defeated.
HR 3989 and HR 3990 will now move to the full House of Representatives and it is unclear whether a reauthorized bill would come out of chamber in time for the start of the 2012-2013 school year.
2. FY 2013 Federal Budget - On February 13, 2012, President Obama released the FY 2013 federal budget (2013-2014 school year). The administration’s commitment to improvements in student achievement continues with emphasis on support for improvements in teaching and strengthening teachers and school leaders. The FY 2013 budget calls for a $1.7 billion (2.5 percent) increase above FY 2012 levels. The budget consolidates 38 programs into 11 with an emphasis on eliminating duplicative or ineffective programs. Although there is a proposed increase in education funding, new funds support competitive grant programs such as Race to the Top (RTTT) and Investing in Innovation (i3). Special education (IDEA State and Preschool grants), Title I grants to districts, Career and Technical Education and 21st Century Community Learning centers are all level funded.
PENNSYLVANIA LEGISLATION
1. Budget Hearing (Senate) – On Monday, February 27, 2012, the Senate Appropriations Committee held a budget hearing with Secretary Ron Tomalis of PDE. The senators were most concerned with the Chester Upland issue and although this was not the Higher Education hearing, many of the senators inquired about the impact of the budget on higher education. Below are some highlights of the hearing which are of interest to Montgomery County school districts:]
Moratorium on school construction project requests – When asked about changes to PlanCon reimbursement, Secretary Tomalis stated, “our approval process is strictly a linear chronological check and the practice of the Commonwealth has been ‘you start along that path and we will fund you regardless of the merit of the projects’.” He said the changes are a result of “so many projects that have come into the queue in the five/six years that we need to balance that capital situation.” When asked how it will affect school districts that have received approval for projects, Secretary Tomalis stated, “for the school districts that have already received approval and the Commonwealth has committed its share of the bond payment, we will honor that commitment.”
Keystone Exams- When asked about the limitation on keystone exams to Algebra I, Biology and Literature, Secretary Tomalis stated, “We think that going into these three subject areas and going very deep into those three subject areas will allow us to focus our attention on where these students need to learn and we’ll engage in discussion with the state board to see if we want to build out to all 11 exams.” Sen. Piccola asked if the department’s decision is budget related. Secretary Tomalis stated, “It is in part a budget issue” and said the three assessments will cost $15 million.”
Mandate Relief – Secretary Tomalis affirmed that the department is trying to “provide more relief to school districts in this regard” and urged the legislature to revisit the issue of economic furloughs.
Special Education – In response to concerns regarding special education funding, Secretary Tomalis said, “I’m comfortable with how it is funded now, we have to acknowledge the differential in the special categories of children, and see if we can provide some reimbursements for school districts based on the category. It’s important that the money follows the student.”
Charter School Reimbursement – Asked if the Administration is open to changing the cyber charter school funding formula, Secretary Tomalis stated, “I think it’s time we look at that funding formula in a way that comprehensively reforms charter schools overall both the approval process and how the standards that we hold up against charters; not just for the grant of charters but also revoking the charters.”
2. Budget Hearing (House) - The House Appropriations budget hearing with Secretary Tomalis was held on Monday, March 5. There was much discussion on whether the governor’s proposed budget increases or decreases funding for public education. Rep. Matt Bradford (D – Montgomery) spent quite a bit of time debating this issue with Secretary Tomalis. That debate resonated throughout the questioning, being revisited and debated by the legislators along party lines. Aside from the funding debate, other concerns were as follows:
Financially distressed school districts - As with the Senate, the legislators expressed concerns regarding the status of Chester Upland. Secretary Tomalis indicated that lawsuits have been filed and PDE is in settlement discussions. Tomalis indicated that other districts in similar situations are closely following this matter to see how PDE will resolve it.
Cyber charter schools- When asked what PDE is doing to make funding for cyber charter school more equitable, Tomalis said the issue of funding is “in the context of the overall reform for charter schools and it is part of the language that was put in that was under decision by the legislature on the charter reform issue was to put together a funding panel that will come back with very specific recommendations to the legislature on how to change that cyber funding formula.” He added “the easiest thing we can do is look at the special ed reimbursement rates on the cybers and look at that problem.”
3. Marcellus Shale Law - On February 14, 2012, Gov. Corbett signed into law HB 1950, now Act 13, which rewrites the Oil and Gas Act allowing local governments to choose whether to impose a shale well fee, establishes regulatory oversight and provides for zoning decisions for gas drilling. The law does not provide for any revenues from natural gas drilling to go into the state’s general fund.
4. Senate Bill 1309 (Property Assessment Appeals) - Some concern was raised by districts regarding the status of this bill which would impose restrictions on the districts’ ability to appeal the assessment of property. Senator Mensch is a sponsor of this bill. His rationale is that he does not want spot assessments in neighborhoods. The bill was moved to the Finance Committee and at this time Sen. Brubaker’s staff is researching the language and there are no plans to move it out of committee in the near future. I will continue to monitor.
5. Senate Bill 1296 (Superintendent Contracts) – Sets forth provisions for length of term for superintendent contracts, limitations on compensation, severance, evaluation and removal. The bill was approved by the Senate Education Committee on March 6 and has been referred to the Senate Appropriations committee.
6. Senate Bill 209 (Equity in Interscholastic Athletics Disclosure) - This bill was ‘fast tracked’ in the Senate. On March 14, 2012, the Senate passed this bill which requires school districts to annually complete a disclosure form, established by PDE, reporting athletic opportunities for male and female students. Under the current language of the bill, the disclosure form will need to be made available for public inspection and on the districts’ website. The information required to be reported on the disclosure form is quite extensive and includes student athlete and team data as well as a breakdown of expenditures for all teams and contributions to teams from booster clubs, alumni and other non-school sources. The bill as currently written indicates that the disclosure form would be in use beginning October 15, 2013, and October 15 of each subsequent year, and districts would have to disclose the information no later than November 1 each year.
7. Senate Bill 1115- (Special Education Funding Formula) - This bill was referred to Senate Appropriations on March 14. It amends the School Code to develop a formula for distribution of special education funds. The bill is promoted by the Education Law Center but not supported by PSBA and PSEA. A major concern is that it does not address charter school special education funding and provides for PDE authority over districts in special education.
8. House Bill 2230 (School District Property Tax Reduction) - On March 12, 2012, The House Finance Committee held the first of several public hearings on Rep. Grove’s (R-York) bill to amend the Local Tax Enabling Act expanding local income tax opportunities to result in property reduction and allows for the creation of a School Property Tax Millage Rate Reduction Fund.
9. Act 1 Exceptions - On February 28, 2012, Rep. Metcalfe (R-Butler), Chairman of the State Government Committee, sent a letter to Governor Corbett requesting the Governor to issue a directive to PDE requiring establishment of written procedures for evaluation of Act 1 waiver requests. A copy of that letter is attached.
10. State Board Of Education Hearings - State Board of Education hearings on revisions to Chapter 4: Keystone Exams commenced on Wednesday, February 29, 2012. The first round of testimony reflected concerns about what seems like PDE’s shifting target for school districts whereby resources are focused on implementation of curriculum changes in light of the Keystones only to be informed midstream that PDE has revised its focus. Requests were made for PDE to extend the moratorium on Keystone Exams until PDE reviews its vision.
Other public testimony stressed the importance of Civics and Government to promote engaged citizens in our society. Mixed messages are being sent to school districts in that Secretary Tomalis has publicly noted that he would like to see the Civics and Government exam move forward and yet, these proposed revisions completely remove the exam from the implementation timeline. It was stressed by those testifying that school districts have not moved away from aligning curriculum standards but school districts need direction from PDE as early as possible to prepare for the standards as mandated by PDE.
11. Prevailing Wage- Although there was talk of possible passage of legislation to exempt public schools from prevailing wage requirements, there were not enough votes in the House. It seems that support continues to dwindle.
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February 15, 2012
FEDERAL LEGISLATION
1. Reauthorization of ESEA (No Child Left Behind)
After spending time on Capitol Hill, it is quite apparent that partisan politics have prevented any real decisions to be made. The political contrast in opinion and attitudes permeates the staff members to the respective party legislators. Accountability and teacher evaluations are at the forefront of the differences.
Rep. Kline (R) released draft policies to address teacher quality and accountability as outlined in the Student Success Act (SSA) and the Encouraging Innovation and Effective Teachers Act (EIETA). These Acts would shift authority back to states and LEAs.
· The SSA focus is on states establishing academic standards that apply to all students, particularly in math and reading, but eliminates the federal requirement that states administer assessments in science. Other assessment areas would be at the discretion of states. The SSA eliminates Adequate Yearly Progress (AYP) and replaces it with a state-determined accountability system. SSA would repeal the federal requirements around teachers and paraprofessionals and removes the requirement that teachers be highly qualified.
· The EIETA rewrites the existing teacher program to allow for the development and implementation of teacher evaluation systems.
· The EIETA includes private sector initiatives requiring states to reserve 10% of their funds to support state and local programs that operate outside of traditional public school systems. The private sector must partner with the LEA or ESA.
The democratic position believes that accountability under NCLB has improved student achievement and that NCLB should be rewritten to save the aspects that are working. Also, AYP set unattainable goals but the view is that Rep. Kline’s proposals abandons flexibility. There is a push to fix the School Improvement system.
Both parties do believe in consolidating federal programs by sacrificing some for the greater good; a push toward consolidating smaller programs under one larger program such as Educational Technology (professional development).
2. Sequestration
Fiscal year 2012 budget implications dominate the federal discussions especially with Appropriations. Sequestration refers to across-the-board cuts the economy will face as of January 2013, due to the Super Committee’s inability to identify $1.2 trillion in revenues/spending cuts.
There has been a marked increase in media attention detailing efforts to exempt defense from the sequester. Exemption of any sector is at the direct expense of any other sector, including education.
3. All Children are Equal (ACE) Act
The ACE Act reforms Title I of the Elementary and Secondary Education Act, which provides funds to local school districts to improve the education of disadvantaged students. Currently, the formula diverts funding from higher-poverty school districts to lower-poverty school districts. The ACE Act has the support of a diverse range of advocacy groups to ensure that all Title I eligible students receive equal treatment under the law.
4. E-Rate
The E-Rate program received a two year waiver from the regulatory requirements in the Consolidated Appropriations Act for FY 2012. Due to the waiver, at least for the next 2 years, the $2.25 billion in E-Rate discounts are available to school districts without risk of Appropriations cuts.
5. On February 13, 2012, President Obama released the FY 2013 federal budget (2013-2014 school year). The administration’s commitment to improvements in student achievement continues with emphasis on support for improvements in teaching and strengthening teachers and school leaders. The FY 2013 budget calls for a $1.7 billion (2.5 percent) increase above FY 2012 levels. The budget consolidates 38 programs into 11 with an emphasis on eliminating duplicative or ineffective programs. Although there is a proposed increase in education funding, new funds support competitive grant programs such as Race to the Top (RTTT) and Investing in Innovation (i3). Special education (IDEA State and Preschool grants), Title I grants to districts, Career and Technical Education and 21st Century Community Learning centers are all level funded.
PENNSYLVANIA LEGISLATION
1. On Tuesday, February 7, 2012, with Occupy demonstrators shouting loud enough to be heard through the closed doors of the Assembly room, the Governor delivered his proposed 2012-2013 budget address. The proposed budget with regard to education includes:
· Collapsing basic education subsidy, pupil transportation, non-public and charter school transportation and Social Security reimbursement into a single Student Achievement Education Block Grant - this is a shift away from formula funding and a push toward setting the groundwork for portability of funds. PDE indicated that districts will need to find ways to decrease transportation costs, suggesting more sharing initiatives between districts;
· Level funding for special education for the 5th year in a row;
· Increasing Early Intervention state funding by 4%, however both Head Start and Pre-K counts are impacted;
· Level funding for services to non-public schools and for non-public textbooks (already cut by 5% mid-year); and
· Placing a moratorium on any new school construction project requests - this area in the budget has presented many questions. PDE refers to projects ‘in the pipeline’ but it is unclear what that means. Some in PDE have said there is not enough funding for reimbursement for all projects and that only those at PlanCon H will see reimbursement. At the current time there are only 100 projects at PlanCon G.
2. Act No. 6 – approved by the Governor on February 2, 2012 authorizing PA to join the Interstate Compact on Educational Opportunity for Military Children:
· Removes impediments to educational success experienced by children of military personnel due to frequent moves by their parents.
· Includes provisions to facilitate transfer of records; timely enrollment; course placement; assessment; qualification for educational programs and extracurricular activities; and, graduation of children of military personnel.
· Students would be allowed to continue their enrollment at grade level in the receiving district commensurate with their grade level (including Kindergarten) from a LEA in the sending state regardless of minimum age.
· The Department of Education, Department of State and local education agencies may incur minimal expenses related to the coordination and adherence to the provisions of the compact, which can be borne within their existing operating budgets.
3. Senate Bill 858 - Reconsideration is back on the House calendar:
Further amends the PA School code allowing a person to be eligible for election or appointment as a district superintendent or assistant superintendent if the individual holds a graduate degree from an accredited institution of higher education in business or finance. It requires if hired under this clause, the individual must complete a leadership development program meeting the Pennsylvania Leadership Standards as outlined under Section 1217 of the Public School Code.
Note that PDE has not issued any certification for individuals qualifying under this section. PDE is waiting for such a hire before certification will be given.
4. Senate Bill 1381 - On February 8, the Senate Education Committee considered testimony on proposed legislation sponsored by Sen. Williams to amend the School Code to require school employers to conduct an employment history review for all prospective school employees, not just professional staff.
· It would require prospective employees to identify EVERY employer they have ever had, and would require school officials (public and private) to send a special form to each of those former employers to determine if the person had ever been named in any kind of situation related to child sexual abuse.
• Allows hiring on a provisional basis, pending final responses to the request.
• Penalizes any former employer who did not supply that information up to $10,000.
5. House Bill 823 - On February 8, the Senate Local Government Committee considered amendments to the Pennsylvania Municipalities Planning Code to require notice to school superintendents as part of the application for final review of subdivision and land development plans. If passed, this legislation would require municipalities each month to notify in writing the superintendent of a school district in which a development plan received final approval by the municipality in the preceding month. At a minimum notice, the location of the development, the number and types of units to be built, and the expected construction schedule.
6. House Bill 1877- This bill would eliminate the need for school districts to pay collection fees to the county if the district contracts with a third party for tax collection rather than the county tax claim bureau. Several business managers representing Bucks, Montgomery and Chester County school districts presented testimony on Monday, February 13, 2012, before the House Finance Committee.
7. On January 23, the Pennsylvania Supreme Court heard oral arguments on the House and Senate redistricting map submitted for approval. Two days later, in a 4-3 vote, the Court invalidated the plan and sent it back to the Legislative Reapportionment Commission. This ruling sent candidates and parties into a tailspin given that the first day to circulate nomination petitions for this year’s General Assembly race was January 24. In recognition of the timeline, the court order did indicate that signatures dated January 24 or 25 would be deemed valid as to timeliness. Current district lines will remain in force until the commission comes up with a new plan that is legally approved. Keep in mind that the US congressional redistricting plan will still go into effect January 2013.
8. Financially distressed school districts
On January 24, the Senate Education Committee held a public hearing on financially distressed school districts in Pennsylvania. Sen. Piccola, committee chairman, indicated that “bold executive leadership” is needed to address the state’s financially distressed districts. Education Secretary Ron Tomalis testified that some school districts have reached a “funding cliff” but Sen. Piccola indicated that no plan has been presented to give guidance on fixing this problem.
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January 11, 2012
FEDERAL LEGISLATION
Reauthorization of ESEA (No Child Left Behind)
In the first weeks of 2012, the House Education Committee will be circulating draft bills that address teacher quality and accountability. Committee chair Rep. John Kline indicated that he is not a proponent of the Adequate Yearly Progress measurement, stating that it was “always going to be unworkable” and a “huge intrusion of federal government into K-12 education.” It is unclear whether there will ultimately be bi-partisan agreement reached on an NCLB overhaul, but the issuance of conditional waivers by Secretary Duncan is viewed as a means to continue the discussion.
PENNSYLVANIA LEGISLATION
- The Senate and House will return to full session in Harrisburg on January 17, 2012. The House Education Committee will commence 2012 by meeting in Bucks County on January 12. Committee members have been requesting information on possible charter reform, with emphasis on cyber charter schools due to a push by Auditor General Jack Wagner.
- 2011-2012 Mid-Year Budget Projections were reported on Tuesday, December 20, 2011. Budget Secretary Charles Zogby projected a $500 million revenue shortfall in the state’s general fund budget. State tax collections are nearly $487 million below estimates. As such, the administration asked state agencies to draft budget alternatives based on level funding and on a 5 percent cut to their bottom lines. When asked whether the basic education subsidy funds would be subject to cuts, Zogby indicated that no promises could be made. On January 4, 2012, the Corbett administration, citing bad economic conditions, announced that the State Budget Office has frozen $160 million in state spending. The administration also asked agencies not directly under its jurisdiction to reduce their spending by $66 million. At this time, basic education subsidy funds paid to school districts have not been affected but there have been reductions in funds for other education funding including services to nonpublic schools (5 percent cut), Head Start supplemental assistance and Pre-K Counts. The state-related universities - Penn State, the University of Pittsburgh, Temple and Lincoln Universities - will also see a reduction of 5 percent in state funding.
- Senate Bill 1 moved to the House and was referred to the House Education Committee. It was unclear in early December whether SB1 would move out of Committee. As it turned out, SB1 remained in Committee and on December 14, a week before the Legislature was set to break for the year, House members scurried to add language to various bills to address easier formation of charters, an expansion of the Educational Improvement Tax Credit (EITC) and school vouchers. There were not enough votes for any bill passage and special mention was made that the single factor in curbing the momentum on vouchers was concern about further cuts to cash-strapped school districts. Although voucher backers will continue the fight, lawmakers are indicating that the budget shortfall and the 2012 election year will divert momentum elsewhere.
- SB 1183, now Act 111 of 2011, was signed into law by Governor Corbett on December 20, changing Pennsylvania’s Megan’s Law to comply with the federal Adam Walsh Child Protection and Safety Act of 2006 by expanding the availability of information on sex offenders, including juvenile offenders. Also known as the School Assault law, Act 111 creates the offense of institutional sexual assault in a school or child center. This new offense provides that:
It is unlawful for a teacher, coach or other employee of a public or private school, or a volunteer or employee of a center for children to engage in sexual intercourse, deviate sexual intercourse, or indecent contact with a student, or a child receiving services at the center.
The law applies whether or not the student is 16 years old, the age of consent in Pennsylvania.
The penalty would be a third-degree felony, punishable by up to seven years imprisonment and/or a fine of up to $15,000.
- SB 458, now Act 105 of 2011, was signed into law by Governor Corbett on November 22, 2011. The law renames the Mental Health and Mental Retardation Act of 1966 to the Mental Health and Intellectual Disability Act of 1966. Terms contained in the law such as “mental retardation” and “mentally retarded” have been changed to “intellectual disability” and “those with intellectual disabilities.”
- Pennsylvania has been awarded $41,326,299 in the third round of the federally funded “Race to the Top” grant program. Highlights of the grant include:
· Allocation over the next four years by PDE.
· Half of the grant funding will be appropriated to local education agencies (LEA).
· Implementation of a new teacher evaluation, currently piloted in more than 100 school districts, charter schools, career and technical centers, and intermediate units.
· Development of a new principal evaluation, to be piloted during the 2012-2013 school year.
· Further development of Pennsylvania’s Standards Aligned System, to provide educators with tools and resources to improve student achievement.
· Funding allocation to provide students to greater access to quality charter schools and online curricular options particularly in the areas of science, technology, engineering and math courses.
- The once-a-decade redrawing of the Congressional districts, utilizing the U.S. Census data, preoccupied legislators in the latter part of 2011. Although the redistricting map is on its way for consideration by the state Supreme Court, appeals are expected to be filed. Oral arguments are set for January 23. Upon approval by the Court, Montgomery County school districts may see changes to their respective U.S. and/or State Representatives and State Senators.
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FEDERAL LEGISLATION
Re-authorization of ESEA (NCLB) The re-authorization process has been under
discussion for three years. There is
some consensus on the issues that must be addressed in rea-uthorization, but
little consensus on how those issues should be resolved. The areas that are in most need of correction
are as follows:
1.
Accountability – Needs to be revised to be more consistent
throughout the country and must provide multiple sources of measurement of
student academic growth.
2.
Standards – State standards must be more rigorous and more clearly defined.
3.
Assessment of student performance – The “one test a year-reported the
following year” does not work. There is
no consensus on what would work for the purposes of this federal mandate.
4.
Special learners – The question of how to measure the
progress of students with IEPs and English Language Learners is recognized as a
problem but there is no consensus on how to resolve it.
The Senate is attempting to address all issues in one bill, while the
House is planning to provide separate legislation to correct each issue. Some of those that are currently in bill form
are:
1.
HR 1891 – This bill would streamline ESEA programs, eliminating 42 programs.
2.
HR 2445 – This bill provides for more flexibility in the use of federal
funding under ESEA. School districts
could move dollars to the programs needed locally – providing more control by
local school districts.
NCLB WAIVERS PROPOSED
Secretary Arne
Duncan is proposing a NCLB “waiver” program for states and for local
districts. This process requires state
departments of education to apply for the waiver. The application will require states to agree
to school reform provisions similar to those in the “Race to the Top”
applications in return for waivers of some NCLB requirements.
FORMULA
GRANTS OR COMPETITIVE GRANTS
The Obama Administration is proposing a move
from formula grants (based on need and enrollment) to competitive grants for
Federal Programs.
PENNSYLVANIA
LEGISLATION REPORT
Signed Into Law
Omnibus Education Act 24 of 2011 provides the following key changes for
school districts:
1.
Exempts
non-reimbursable construction projects from PlanCon requirements.
2.
Repeals
the requirements that state funds to local districts that exceed the Act 1
Index (in percentage of increase) be used for new or innovative purposes.
3.
Places a
two year moratorium on required professional development for certified school
employees.
4.
Expands
school boards’ authorization to hire persons to serve as superintendents or
assistant superintendents of schools to those who have:
a.
A
graduate degree in business or finance.
b.
Four
years of experience in business, finance or management.
(They must complete a PA Inspired
Leadership program after appointment as commissioned officer for the first
time.)
5.
Places a
moratorium on the collection of data other than that required to meet federal
requirements, distribute funds, and maintain the health and safety of
students.
Proposed Legislation
1.
School Choice/ Vouchers
a.
Senate
Bill 1 is expected to move out of the Senate Education Committee soon.
b.
If it
passes the Senate, the House leadership has indicated that more study and
discussion will be required during any consideration. A pilot voucher program may result
2.
Charter School Reform
a.
Both the
Senate and House Education Committees have held hearings on this issue.
b.
Senate
Bill 904 provides for the following:
i. Establishes a commission to regulate charter
schools, including cyber charter schools.
ii. Establishes a committee to study Charter
School funding issues.
iii. Expands to include colleges and universities
as agencies that can approve the establishment of charter schools.
iv. Standardizes aspects of applications,
renewals, and data disclosure for charter schools.
Strike Free Schools Legislation House Bill 1369 prohibits strikes by school
employees and lockouts by employers. It
also provides for penalties for both employees and school districts that
violate the provisions of this proposed law.
STATE SENATE
1.
PSSA
Investigation
2.
Mandate
Relief
a.
Furloughs
for economic reasons will include teacher and principal evaluations.
b.
Bidding
thresholds
3.
SB 1225
– Library Code Update
4.
SB 1115
– Special Education Funding – fair allocation of special education funding with
a “costing out” type formula.