filed on June 16, 2011.
This week:
U.S. Education Secretary Announces Deregulation Plan
Budget Update: Senate Moves Bills
House Floor Action
House Committee Action
Senate Floor Action
Senate Committee Action
Next Week: Committee Meetings
Two Weeks Remaining to Submit Proposals for PSBA’s 2012 Legislative Platform
PSBA Accepting Nominations for the Timothy M. Allwein Advocacy Award
U.S. Education Secretary Announces Deregulation Plan
In an article published this week in Politico, U.S. Secretary of Education Arne Duncan authored an editorial opinion, "Revamp No Child Left Behind - Now", announcing in very broad terms the Department of Education’s plans to provide regulatory relief from onerous requirements under No Child Left Behind, in the event Congress is unable to complete the ESEA reauthorization before the 2011-12 school year begins. While specific details have not yet been unveiled, it appears that the secretary plans to provide a deregulation waiver process to states that commit to reform plans to improve the academic performance of students in their local school districts. Such deregulation would be provided in exchange for state reform efforts that include closing the achievement gap and raising high school graduation rates. The structure of the process is not yet clear. It appears as though states currently approved for Race to the Top grants, or have high scores but were not approved, may receive waivers on that basis since such states have already had to demonstrate their commitment. Although each state would submit its own proposal, the department would manage the plans. Duncan also indicated that he would prefer Congress to act first, without the need for the department’s deregulation plan.
Budget Update: Senate Moves Bills
As the June 30 deadline to complete a budget nears, the Senate took action this week to move the process along, making clear its intention at this point to keep the final plan at the $27.3 total proposed by Gov. Corbett. The General Assembly will be in session next week Monday through Friday, with passage of the budget a top priority.
On Monday of this week, the Senate adopted Senate Resolution 100, which is a temporary rule relating solely to procedures for the adoption of the 2011-12 budget, and it essentially could prohibit the Senate from using surplus funds for the budget. The rule prohibits the Senate from considering any amendment that proposes spending at a level different from the amount contained in bill as reported from the Appropriations Committee unless it contains sufficient line-item reductions so that it does not result in a net increase in the total spending. However, the rule may be temporarily suspended on the Senate floor by a majority vote.
The next action occurred on Tuesday, when the Senate Appropriations Committee approved two budget-related bills. Both bills were approved with no amendments added. HB 915 amends the General Appropriation Act of 2010 to add an appropriation of federal funds for the Education Jobs Fund in the amount of $387.8 million, and to reduce the state appropriation to the Department of Education for basic education to $4.7 billion (from $5.1 billion). Then the committee approved on a party-line vote the state budget plan under HB 1485. The bill as originally introduced contained the governor’s proposal; it had been amended in the House with an alternate budget plan developed by House Republicans. In its current form, HB 1485 maintains the $27.3 total budget suggested by the governor, but shifts funds to provide some increases for education.
During the committee meeting, a motion was made by Senate Democrats to suspend the temporary budget rule under HR 100 for the purposes of providing additional funding for education. The motion was ruled out of order with the rationale that a committee cannot suspend a rule adopted by the entire Senate. A question was raised as to whether changes will be made to the rule in order to entertain amendments. It was indicated that the question will have to be determined by the full chamber. HB 1485 is set on the Senate calendar for second consideration next week. If the bill passes the full Senate without any amendments added, it would be presented to the governor. If the bill is amended on the Senate floor, it will return to the House for concurrence.
House Floor Action
This week the House did not take final action on HB 1326, which would eliminate all 10 exceptions under Act 1. The bill remains on the House calendar.
The House passed SB 1030, legislation that amends the Unemployment Compensation Law to allow for the continuation of federal unemployment compensation benefits through the end of the year. Last year Pennsylvania and other states were given federal authority to change their laws so that the unemployed could continue to receive federally funded unemployment compensation benefits while they look for work. In order to keep Pennsylvania triggered “on” for the federally funded extended benefits program, a simple technical change to the law was required. However, the General Assembly used the opportunity to enact various UC reform measures. The bill now goes to the Senate for concurrence, where it is expected to be passed and sent to Gov. Corbett.
Among the reforms under SB 1030 are provisions to freeze the maximum weekly benefit rate of $572 for one year then increase it by between 1% and 1.5% over the following five years until the debt to the federal government is paid. It also would count severance pay of more than $17,800 against UC benefits, which would delay benefits for people who receive large severance packages upon separation from employment. UC claimants also would be required to actively search for work.
A related issue is the need for the General Assembly to take legislative action to pay back $3.8 billion in federal loans to the state’s Unemployment Compensation Trust Fund. This week legislators agreed to return in the fall to tackle the solvency problems of the fund.
The House also passed HB 139, which removes the restriction that school districts not be reimbursed for a percentage of the cost of renovation and additions to existing school buildings that they would normally be entitled to if relocatable or modular classrooms are not removed. HB 139 also revises current language in the School Code affecting the Philadelphia School District. The bill removes the requirement that future appropriations paid by the city or county to the school district be not less than the highest amount paid in previous years.
House Committee Action
The House Education Committee postponed consideration of SB 612, legislation regarding furlough of school employees. The committee did approve these two bills:
HB 1454, which requires the Department of Education to display on its website value-added assessment system data (PVAAS), including academic growth and projections for achievement on future assessments, for the school district level, the school level, the grade level, the classroom level and the teacher level;
SB 858, which permits districts to hire certificated superintendents or non-educator candidates who have a graduate degree in business or finance. Under current law, school districts may only consider candidates who have at least six years of teaching experience and have completed a graduate program that includes Pennsylvania school leadership standards.
The House Judiciary Committee approved:
HB 338, which provides that any person who intentionally makes a false report of suspected child abuse against a school, school employee, private residential rehabilitative institution, private residential rehabilitative institution employee, detention facility or detention facility employee commits a misdemeanor of the third degree (up to 1 year imprisonment and fine of up to $2,500). It would also expedite the appeal process for employees of a juvenile facility or school who are named in reports of suspected child abuse in those facilities.
HB 1646, which makes assaulting school crossing guards, volunteer firefighters, or special fire police while they are on duty an aggravated assault. The crime currently is considered simple assault.
Senate Floor Action
The Senate approved SB 704, which increases the number of members on the State Tax Equalization Board from three to five, adding the secretary of education and the secretary of revenue, or their designees. The bill also requires the board to grant a hearing if a school district, other political subdivision or taxpayer states objections in writing to the board.
Senate Committee Action
The Senate Appropriations Committee approved:
SB 200, which establishes standards for the management of concussions and traumatic brain injuries to student athletes involved in interscholastic sporting competitions or other athletic events. Athletic activities include interscholastic athletic competitions sanctioned by the PIAA; an
athletic competition sponsored by or associated with a school entity, including
cheerleading, sports activities sponsored by clubs and school-affiliated organizations; and school-sponsored noncompetitive cheerleading.
Under SB 200, the Departments of Health and Education must post on their websites information about concussions and head injuries to be available to students, parents and coaches. A student athlete must return an annual form, signed by the parent or guardian, acknowledging receipt of such information.
The bill also requires coaches to complete a concussion management certification training course offered by specific approved providers. Coaches must remove athletes from the field of play if the athlete exhibits symptoms of a head injury, and the student may not return to play until an appropriate medical professional evaluates the student and provides written clearance to return to play. A certified athletic trainer must be working under the direction of a licensed physician in order to be an “appropriate medical professional.” SB 200 also imposes minimum penalties to coaches if they violate this provision.
The Senate Education Committee approved:
SB 391, which establishes provisions for certain school employees to be trained in diabetes care and management. The bill sets minimum training standards and rules for schools and parents regarding the care of students with diabetes, and the possession and use of diabetes medication. Under SB 391, schools with diabetic students would be required to designate one employee (other than the school nurse) to receive training on diabetes management. A parent of a student with diabetes who wants the student receive diabetes-related care at school must provide the school with written authorization for the care and instructions from the student’s health care provider, consistent with the district’s policies regarding school health services. This is similar to HB 1338, which was recently approved by the House Human Services Committee.
SB 1127, which prohibits a school board from taking any action above and beyond a ministerial or emergency nature between October 1 and the board’s reorganizational meeting following a primary election. It also exacts a financial penalty on any school director who violates the prohibition.
SB 172, which establishes the Pennsylvania MESA (Mathematics, Engineering and Science Achievement) Initiative within the Department of Education. SB 172 requires PDE to coordinate the efforts of the state that relate to MESA education from the kindergarten level through the graduate level to avoid unnecessary duplication of initiatives. The department will work with the TEAM Pennsylvania Foundation and the five established STEM regions in the state to create in each STEM region an infrastructure for the MESA Initiative that would include industry mentors, certified MESA teacher-coordinators and school administrators. A State MESA Commission would be established to oversee the work.
SB 1087, which requires the Department of Education to revise and implement a statewide system for teacher evaluation that includes student performance as one of the measures. The new evaluation system would be implemented by Jan. 1, 2012. As the system is being developed, the department would provide periodic reports to the House Education Committee on the status of the work, with reports due Sept. 1 and Nov. 1, 2011 and Jan. 1, 2012. The report due on Sept. 1 would include a proposal by the department for a comprehensive revision of the current rating system for professional employees. Once the new evaluation forms are being implemented, any existing state forms as well as any locally-developed alternative rating forms would become null and void.
SB 1129, which clarifies payment issues in cases where a host district contracts with a third party for the provision of educational services. SB 1129 authorizes the third party to seek payment directly from the district of residence and to provide notice to the host district that payment has been sought. When payment is made to the third party, the payment would satisfy the contractual payment obligation of the host district. (Under current law, students may be placed in rehabilitative institutions outside of their school districts of residence if circumstances warrant such placements. The resident district remains obligated to pay for these services. In many cases, the school district in which a rehabilitative institution is located contracts with an intermediate unit to provide the educational services or with the institution and the district acts as a pass-through for these funds.)
Next Week: Committee Meetings
Committee meetings scheduled at this time include:
Monday, June 20
The House Education Committee will consider SB 612, legislation regarding the furlough of teachers for economic reasons. The bill requires seniority to be a factor in determining furloughs and also requires an equal number of administrators to be furloughed as are teachers.
Two Weeks Remaining to Submit Proposals for PSBA’s 2012 Legislative Platform
School boards have about two weeks remaining to submit proposals for consideration for PSBA’s 2011 Legislative Platform. The association is accepting proposals now until Thursday, June 30, 2011. Guidelines for platform submissions are posted on PSBA’s Web site. The PSBA Platform Committee will review proposals on Aug. 6. The recommendations of the committee will be brought before the Legislative Policy Council for a final vote on Oct. 20.
PSBA Accepting Nominations for the Timothy M. Allwein Advocacy Award
PSBA is now accepting nominations for the recipient of a newly created award to recognize outstanding legislative advocacy work by members. The Timothy M. Allwein Advocacy Award, named in honor of the association’s assistant executive director for governmental and member relations who died unexpectedly in February, may be presented annually to the individual school director or entire school board to recognize outstanding leadership in legislative advocacy efforts on behalf of public education and students that are consistent with the positions in PSBA’s Legislative Platform. Guidelines and application forms are available on PSBA’s web site. PSBA will accept nominations until July 16, 2011. The award will be presented during the PASA-PSBA School Leadership Conference in October.
For more information, please contact Cynthia Eckerd at the Pennsylvania School Boards Association's Governmental and Member Relations office at 1-800-932-0588.
Pennsylvania School Boards Association
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