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February 9, 2009 - Issue #4

 

UInside This Report

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

HUNew Bills IntroducedU

 

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. 

 

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