
February 9, 2009 - Issue #4
HUHouse Considers Sexual Abuse BillU
HUSenate Education Considers Dropout
ProblemU
HUSENATOR McCormack Introduces Act
82 RepealU
HUSenate Stimulus Negotiations
Decrease Education Funding ProvisionsU
HUHouse MEMBERS Drafting “Fiscal
Note” Bill CO-SPONSORS INVITEDU
HUSpeaker Appoints Ed Finance TeamU
House Considers Child Sexual Abuse
Bill
S.13, the sexual abuse prevention
bill, was approved by the Senate on January 23rd by a near unanimous vote. The bill as it passed the Senate can be found
at this link: HUhttp://www.leg.state.vt.us/docs/2010/bills/Senate/S-013.pdfUH.
We summarized the major provisions of the bill in our Education
Legislative Report of January 19, 2009.
Upon
arrival at the House, the Judiciary Committee was given jurisdiction over the
bill, and referred the components of the bill related to public education to the
Education Committee for review and comment.
Under the rules of the House, the Judiciary Committee retained primary
jurisdiction over S.13, meaning that the Education Committee may make
recommendations for changes to the bill, and the Judiciary Committee will
either agree to the recommendations or will send the bill to the floor of the
House without them.
The
Education Committee worked on the education parts of the bill for most of last
week, and will meet on Tuesday morning in an effort to reach consensus on a set
of recommendations to present to the Judiciary Committee later on Tuesday. In general, the Education Committee has
expressed considerable concern over the potential of the bill to add burdensome
requirements to school systems without commensurate funding or other support
for their implementation. Our
associations, after expressing support for the intent of this bill, made a
number of suggestions to the Education Committee last week. The committee was receptive to our comments,
and we expect some of them to be incorporated into its recommendations on
Tuesday.
Senate Education Considers Dropout
Problem
The
Senate Education Committee, chaired by Sen. Bobby Starr, spent several days
last week considering how to decrease the number of high school dropouts in
Vermont. Broadly speaking, the Committee
is considering three approaches, or some combination thereof: (1) raising the
age of mandatory attendance to 18; (2) expanding access to alternative
education programs for high school students; and (3) expanding the Act 176 High
School Completion program, possibly to include enrolled students as well as
dropouts. At this point, it is unclear
what approach the committee is likely to pursue. Committee members have requested cost
analyses of their concepts from the Joint Fiscal Office.
On
Friday afternoon, the committee took testimony from Dr. Peter Rodis, a child
psychologist and professor of education at Dartmouth College. Rodis expressed his observation that most
eventual school dropouts experience early problems achieving school success
that leads to humiliation and low opinions of themselves as students at the
elementary level. He suggested to the
committee that the most effective technique for improving dropout prevention is
to build “connective tissue” between schools, parents, and other public
agencies serving children, particularly pediatric and community mental health
services. Rodis believes that when needs
of at-risk children can be identified early and communicated at the local level
among area schools, doctors, social agencies, and parents, the best outcomes
and cost efficiencies can be realized.
Senator
McCormack Introduces Act 82 Repeal Bill in Senate Committee
Senator Richard McCormack
(D-Windsor) introduced S.24, the bill to repeal the two-vote provisions of Act
82, in the Senate Education Committee on Wednesday last week. This important initiative is co-sponsored by
Senators John Campbell (D-Windsor), Ann Cummings (D-Washington), Edward
Flanagan (D-Chittenden), Doug Racine, (D-Chittenden), Mark MacDonald (D-Orange)
and Virginia Lyons (D-Chittenden).
Repeal of Act 82 has been a high
legislative priority for our associations since its ill-considered enactment in
the final hours of the 2007 legislative session. The House passed a repeal bill last year,
only to have it stymied without debate in the Senate. The introduction of S.24 signals an
opportunity for Senators to follow through on the verbal promises many of them
have made to support repeal of Act 82’s two-vote requirement.
Judging from the lukewarm
reception received by Senator McCormack in the Senate Education Committee on
Wednesday, more Senators will need to voice support for S.24 if we are to be
assured that the bill will get a prompt review by the Committee. If you have discussed repeal of Act 82 with
your Senators, and they have responded with a promise to support repeal,
contact them and ask them to add their names to the list of sponsors of S.24
and to contact their colleagues on the Senate Education Committee to ask for
hearings on the bill.
Senate Stimulus Negotiations Decrease
Education Funding Provisions
The amount of education funding
to be included in the federal stimulus bill is a hot topic in Washington this
week. An amendment to the stimulus bill,
now in the U.S. Senate, would significantly reduce the total amount of
education appropriations, among other changes.
The amendment and the bill are both expected to be voted on in the Senate
this week.
According to Education Week, the original bill passed by the Senate
Appropriations Committee would have provided between $120 billion and $140
billion for education, while the Nelson-Collins amendment, negotiated by
congressional moderates, would reduce that amount to roughly $80 billion. (In fiscal year 2008, the U.S. Department of
Education’s discretionary budget was about $60 billion.) The Nelson-Collins amendment would eliminate
$16 billion in school construction grants, shrink relief to local school
districts from $79 billion to $39 billion, and cut Head Start’s proposed
funding from $2 billion to $1 billion.
The proposed funding for special education and Title I funds would be
left largely intact.
Education
Week is reporting
that it expects the Nelson-Collins amendment, and the revised bill, to both
pass the Senate, and that President Obama has signed off on the changes. However, the final word on education stimulus
will not be clear until the Senate bill is negotiated in conference committee
with the U.S. House of Representatives.
House Members Drafting a Property Tax
“Fiscal Note” Bill; Co-Sponsors Invited
Editor’s
Note: The following article was
originally published in the Vermont League of Cities and Towns Weekly Legislative
Report #6 and is reprinted with permission.
A bill requiring the preparation
and publication of fiscal notes to fully and openly illuminate the property tax
implications of legislative actions is in the drafting phase.
Several House members are hard at
work drafting the fiscal note bill for introduction. It would require that “any bill voted out of
a standing committee of the general assembly be accompanied by a fiscal note”
that “shall contain an estimate of the effect of the bill upon those who pay
property taxes in the state for the fiscal year in which the bill would become
effective.” Its preparation is “for the
sole purpose of assisting the general assembly and the public in conducting
informed deliberations on legislative proposals.”
The fiscal note would not make
any statement as to whether the bill was good or bad or whether the impact on
the property tax would be justified. It
would simply shine the light on the tax consequences of legislative
initiatives, and allow legislators and the public to weigh the benefits and the
cost impact.
If passed, Vermont would join 42
other states that already analyze the financial impact that actions of the
state legislature have on local taxes and expenditures, according to a U.S.
Advisory Commission on Intergovernmental Relations publication. What would make the Vermont bill unique is
that it looks not at local government, but directly at the property tax, which
is now actually 71 percent a state tax.
Despite the property tax now being over $1.2 billion (after deducting
$120.7 million in property tax adjustments) and the entire state General Fund
taxes and other revenues being less than that at $1.183 million, there has
never been a formal mechanism to measure the impact of individual pieces of legislation
on the amount of property taxes people pay.
This is not the first fiscal note
bill to be considered by the Vermont Legislature. In 1986, the House actually passed H.758,
which would have required a note containing an estimate of the affect on municipal
expenditures or revenues. The bill did
not become law as it died in the Senate.
The House members who have
already signed onto the bill (meaning that they have agreed to sponsor and
introduce it) are:
Rep.
Carolyn Branagan of Georgia
Rep.
Dennis Devereux of Mt. Holly
Rep.
Sandy Haas of Rochester
Rep.
Rick Hube of Londonderry
Rep.
Ann Manwaring of Wilmington
Rep.
John Moran of Wardsboro
Rep.
Will Stevens of Shoreham
Rep.
John Zenie of Colchester
Local officials should encourage
their House members to contact Rep. Moran and to sign on to the bill as
well. It would be great to empower the
legislature with the knowledge of the tax consequences their actions have on
property tax bills. The bill will have
to be introduced by the end of February, so please get your legislators to sign
on.
Speaker
Appoints Members to Education Finance Team
Speaker Shap Smith informed the
House Democratic Caucus that he had responded to a request from Governor
Douglas to work together on education finance issues by putting together a
bipartisan team of seven representatives. The team includes Representatives
Joey Donovan (D-Burlington), Dave Sharpe (D-Bristol), Janet Ancel (D-Calais),
Peter Peltz (D-Woodbury), Rick Hube (R-South Londonderry), Anne Manwaring
(D-Wilmington) and Pat McDonald (R-Berlin).
The governor has called for a collaborative process to examine
“wholesale transformation” to Vermont’s education funding system.
New Education-Related Bills Introduced
The following bills pertaining to
education have been introduced by one or more legislators between January 28th
and February 6th. To read a
bill as introduced, or to follow its progress after introduction, go to HUhttp://www.leg.state.vt.us/database/status/status.cfmUH
and enter the number of the bill. The
statements of purpose following each bill below may be abbreviated forms of the
statements contained in the bills as introduced.
H.98 AN ACT RELATING
TO LIBRARIES AND MINORS
Introduced by: Reps.
Obuchowski of Rockingham, Mrowicki of Putney, and Partridge of Windham
Statement of Purpose: This bill proposes to raise from 15 to 17 the
age of a person whose documented library-based activities, including requests
for and borrowing of library materials and accessing of computerized
information, may be made available to the person’s parent or guardian.
H.122 AN ACT
RELATING TO INCOME SENSITIVITY HOUSEHOLD INCOME
Introduced by: Reps.
Gilbert, Bissonnette, Clark, Howrigan, Mitchell, Pearce, Pellett, Perley, and
Wizowaty
Statement of Purpose: This bill proposes to exempt up to $25,000
for a child of a homestead claimant under the income sensitivity adjustment
provisions.
H.123 AN ACT RELATING TO A CONTINUATION OF
SERVICES FOR PREGNANT AND PARENTING STUDENTS
Introduced by: Reps.
Fischer, Bray, Davis, Rench, Haas, Jewett, Maier, Mook, Mrowicki, Nuovo, Peltz,
Sharpe, Stevens, and Zenie
Statement of Purpose: This bill proposes to repeal the sunset of
the funding mechanism that supports pregnant and parenting students who are
enrolled in high school to attend teen parent education programs.
H.141 AN ACT
RELATING TO ELIMINATION OF INCOME SENSITIVITY
Introduced by: Reps.
Shand of Weathersfield, Clark of Vergennes, and Condon of Colchester
Statement of Purpose: This bill proposes to eliminate income
sensitivity in education property taxes and replace it with a flat exemption
for the first $60,000 of grant list value.
H.142 AN
ACT RELATING TO NONCOMPLIANCE WITH THE NO CHILD LEFT BEHIND ACT OF 2001
Introduced by: Reps.
Jewett, Clarkson, Conquest, Lanpher, Maier, Mook, Mrowicki, Nuovo, Sharpe,
Stevens, Sweaney, Webb, and Zuckerman
Statement
of Purpose: This bill proposes to direct the state board
of education not to comply with the testing and consequence provisions of the
federal No Child Left Behind Act of 2001.
H.143 AN
ACT RELATING TO REMOVAL OF TUITION COSTS FROM THE EXCESS SPENDING CALCULATION
Introduced by: Reps.
Trombley of Grand Isle and Johnson of S. Hero
Statement of Purpose: This bill proposes to subtract from excess
spending calculation any tuition paid by a school district that does not
maintain a school.
H.155 AN ACT RELATING TO RECIPROCAL MEALS AND ROOMS
TAX EXEMPTION FOR PUBLIC SCHOOL TEACHERS AND STUDENTS
Introduced by: Rep.
Branagan of Georgia
Statement of Purpose: This bill proposes to exempt public school
teachers and their students from meals and rooms tax, but only if they are from
a state which grants Vermont teachers and students a similar exception.
H.159 AN ACT
RELATING TO DESIGNATING PUBLIC SCHOOLS
Introduced by: Reps.
Trombley of Grand Isle and Johnson of S. Hero
Statement of Purpose: This bill proposes to permit schools to
designate one public school as the school to which it will pay tuition for
students in its district attending one or more grades in another district.
H.165 AN
ACT RELATING TO REQUIRING THAT HEALTH INSURANCE OFFERED TO SCHOOL EMPLOYEES
MIRROR THAT OFFERED TO CLASSIFIED STATE EMPLOYEES
Introduced by: Rep.
Hube of Londonderry
Statement of Purpose: This bill proposes to require that the sole
health insurance plan offered to school district and supervisory union
employees mirror that offered to classified state employees.
H.173 AN ACT
RELATING TO EDUCATION PROPERTY TAX EXEMPTIONS
Introduced by: Reps.
Rodgers of Glover and Hube of Londonderry
Statement of Purpose: This bill proposes to repeal all education
property tax exemptions other than those required by federal law and to direct
the additional revenue to state aid for school construction projects.
S.45 AN ACT RELATING TO NONCOMPLIANCE
WITH THE NO CHILD LEFT BEHIND ACT
Introduced
by: Senators
White and Ayer
Statement
of Purpose: The bill
proposes to direct the state board of education not to comply with the testing
and consequence provisions of the federal No Child Left Behind Act of 2001.
S.46 AN ACT RELATING TO THE
RESPONSIBILITY FOR PROVIDING SPECIAL EDUCATION AND COMPLYING WITH THE NO CHILD
LEFT BEHIND ACT; UNFUNDED MANDATES; ANNUAL ADJUSTMENTS TO EDUCATION PROPERTY
TAX RATES; AND A STUDY CONCERNING CONSOLIDATION OF SCHOOL DISTRICTS
Introduced
by: Senator
Hartwell
Statement
of Purpose (abbreviated):
The bill proposes to (1) transfer special education costs and NCLB requirements
to the state; (2) authorize the commissioner to exempt districts from state
mandates upon approval of less costly alternatives; (3) permit the education
department to refuse to perform mandated actions unless the state provides 100%
funding; (4) require the legislature to assume greater responsibility setting
the statewide education property tax rate; (5) perform a study on efficiency
through district consolidation;
S.68 AN ACT RELATING TO EXPANDING
ELIGIBILITY FOR THE STATE'S HIGH SCHOOL COMPLETION PROGRAM
Introduced
by: Senators
Kittell, Choate, Giard, McCormack, Miller, and Racine
Statement
of Purpose: This
bill proposes to expand eligibility for the state’s high school completion program
so that a student enrolled in high school may participate in the program.
S.72 AN ACT RELATING TO FREEDOM OF
EXPRESSION FOR STUDENTS
Introduced
by: Senator
White
Statement
of Purpose: This
bill proposes to ensure that students are afforded freedom of expression within
the public schools of the state.
S.74 AN ACT RELATING TO REMOVING A
SCHOOL DISTRICT’S PORTION OF SPECIAL EDUCATION COSTS FROM THE CALCULATION OF
EXCESS SPENDING
Introduced
by: Senator
White
Statement
of Purpose: This
bill proposes to exclude a school district’s portion of special education
expenses from the calculation of “excess spending” under 32 V.S.A. § 5401.
S.75 AN ACT RELATING TO STATUTORY RAPE
Introduced
by: Senators
Miller and White
Statement
of Purpose (abbreviated):
The bill proposes to include within school health curricula a discussion of the
criminal penalties under state law for consensual sexual activity between
teenagers. This bill also proposes to
decriminalize consensual sexual activity between teenagers within four years of
age, and reduce the criminal penalty for consensual sexual activity between
teenagers within five years of age.
~ End ~