By Vermont School Boards
Association, Vermont Principals’ Association, Vermont Superintendents
Association
February 14, 2011 - Issue #4
H.65,
a bill that adjusts the state’s FY2011 budget, has been approved by both the
House and Senate. We expect it will be
signed by Gov. Shumlin and enacted into law this
week. H.65 contains four noteworthy
provisions relating to public education.
Commitment
to Act 153
H.65 includes $250,000
in additional funding for the Department of Education to reimburse school
districts pursuant to Act 153 of 2010. The
reimbursement programs are 1) up to $20,000 to reimburse districts for legal
and consulting costs related to planning a RED school district merger, and 2) up
to $10,000 in reimbursement for transition costs related to two or more
supervisory unions signing a joint services agreement pursuant to 16 V.S.A. §
267. According to testimony from the
Department of Education, this money should be sufficient for the Department to
fund all legitimate Act 153 reimbursement requests for the FY2011 fiscal year.
Plan
to Assist Districts in Reducing Expenditure
H.65 includes language
intended to support districts in a multi-year expenditure reduction processes. It would direct the Commissioner of
Education, in consultation with education organizations, to develop a plan in
the next seven weeks that would provide sufficient support and assistance to
school districts to initiate or continue cost-cutting
exercises. Here is the relevant
language:
The commissioner of
education shall, in consultation with the Vermont school boards association,
the Vermont superintendent’s association, the Vermont principals’ association,
and Vermont-national education association, develop a plan by April 1, 2011 to
assist Vermont schools to achieve at least $23.2 million in reduced local
education spending systemwide by fiscal year 2013. The
plan would identify the technical assistance, facilitation, and adoption of
best practices needed by schools to assist them in reaching this goal. To
recognize the accomplishments of model supervisory unions and districts for
actions in the past two fiscal years as well as the next two fiscal years, the
plan would also include the ways incentives and awards for innovation could be
used to promote the goal of obtaining the best educational outcomes for
students in a most cost-effective way.
We first reported on
this language in our prior Education Legislative Report. We will be monitoring, reporting, and
participating in this process as it unfolds over the next several weeks.
Blue
Ribbon Tax Commission
H.65 amends the
education charge of the Blue Ribbon Tax Commission. The Commission, which recently released recommendations
regarding sales and income taxes, is now charged with examining education
and the property tax. H.65 actually does
not add any new language to the Commission’s existing charge to examine
education; the bill would delete some language related to the charge and it
amends reporting dates. Here is the
updated language for the Commission pertaining to education as amended by H.65:
(1) Goals. In
consultation with the house committees on education and on ways and means and
the senate committees on education and on finance, identify the five most
important short-term goals and the five most important long-term goals for an
education system, taking into account the following: student educational
achievement, education governance, finance, spending controls, and cost
savings; and design a quantifiable nonmonetary measure of whether schools
provide a “substantially equal educational opportunity” for student educational
achievement; and report its findings by July 1, 2011.
(2) Evaluation. Evaluate
Vermont’s current education governance, finance, and spending control systems
in light of the goals established in subdivision (1) of this subsection, the
current education governance model, and the proposed changes to education
governance made by the general assembly and determine the elements of the current
systems which achieve these goals well and should be maintained and those
elements which do not achieve these goals well and should be modified or
eliminated and report its findings by September 1, 2011.
We will monitor and
report on the Commission’s activity as it begins its work on education. Commission meetings have not yet been
scheduled.
Release
of Federal Education Jobs Money
Finally, H.65 contains
the official language that would release the $19.3 million in federal education
jobs money to school districts.
Information regarding the federal money can be found at this link:
http://education.vermont.gov/new/html/pgm_finance_data.html#jobs_fund
The five members of the
Senate Education Committee co-sponsored S.53,
a bill that would remove the cap on the number of prekindergarten children a
district may count in its average daily membership (ADM). The Committee took testimony on the bill last
week.
Our Associations support
S.53 as drafted because this change eliminates the complexities and potential
liabilities involved in managing a cap and deciding which children will and
won’t get services. The bill continues
to leave pre-K as an optional service, so each district can decide whether to
provide services. We believe the cost
impact of S.53 on public education would be limited and gradual. Department of Education records indicate that
only 40 prekindergarten students were served statewide in FY2011 that were not
counted in a district’s ADM as a result of the cap. The bill does not amend existing law that
requires a comprehensive needs assessment in any district that is considering
starting or expanding a prekindergarten program. School districts remain under pressure to
control overall spending, and we know that when local boards contemplate adding
any service, including prekindergarten, they must consider the costs in the
context of the whole school budget and local education tax rates.
Governor Shumlin expressed his support for repealing the
prekindergarten ADM caps in his budget address on January 25.
The Senate Committee on
Economic Development, Housing, and General Affairs took testimony this week on
a draft bill that would remove a long-standing prohibition on non-teacher and non-administrator
employees drawing unemployment benefits during summer months. VSBA staff attended the hearing and cautioned
committee members that the proposed bill would add very significant costs to
nearly all public school districts.
Our Associations are analyzing
the impact of the proposed bill but we have not completed our work as of this
writing. However, we are confident in
saying that the bill would cover thousands of employees and cost millions of
dollars annually. Given the current
fiscal crisis, this is not a year to begin to entertain such a bill.
We will continue to
analyze and monitor this issue closely.
Look for updates in an upcoming Education
Legislative Report.
H.46
was approved by the House on February 10.
It will now move to the Senate for consideration.
H.46 is a bill that
would require K-12 school athletic team coaches to be trained in recognizing
the symptoms of concussions, and would prohibit coaches from allowing a student
athlete to return to play if the coach has reason to believe the student
suffered a concussion. The student would
have to be evaluated and cleared by a qualified medical professional prior to
returning to school-sponsored sports activities. The concussion-symptom training materials
would be developed by the Commissioner of Education in consultation with the
VPA and the VSBA. The bill is only applicable
to school sponsored athletic teams; non-school teams that use school property
excluded from the requirements of H.46.
A bill has been approved
by three House committees (the House Education Committee, the House Ways &
Means Committee, and the House Appropriations Committee) pertaining to
unanticipated tuition costs to approved independent schools and the excess
spending threshold. The House is
scheduled to vote on the bill this week.
H.45
would exempt from the calculation of excess spending any tuition costs to
approved independent schools that are solely attributable to unanticipated
students newly residing in a district after the district’s budget for the year
was approved by voters. In other words,
the district will still be responsible for the unanticipated tuition costs;
however, those tuition costs will not be counted in the district’s excess
spending threshold calculation. This
exemption is current law when pertaining to public schools; the new exemption would
be triggered when students choose to attend approved independent schools.
The excess spending
threshold is defined in law in 32 V.S.A. § 5401(12). H.45 would take effect for tax rates
calculated for FY2012 budgets.
The following
education-related bills have been introduced by one or more members of the
Legislature from January 31 – February 11. To read any bill’s full text or see its status
in the legislative process, go to http://www.leg.state.vt.us/database/status/status.cfm.
H.168
AN ACT RELATING TO NOTICE OF MEETINGS OF PUBLIC BODIES
Introduced
by Representatives Wilson of Manchester and Masland
of Thetford
Statement
of purpose: This bill proposes to allow a
public body to provide notice of a regular or special meeting
to each member of the public body by electronic
mail, provided that a copy of the notice
provided by electronic mail is posted in or near the municipal
clerk’s office and on the website, if one exists,
of the public body.
H.169
AN ACT RELATING TO MAKING MISCELLANEOUS CHANGES TO TECHNICAL EDUCATION LAWS AND
OTHER EDUCATION LAWS
Introduced
by Representative Mook of
Bennington
Statement
of purpose: This bill proposes to:
1.
require
the Commission on Career and Technical Institutions of the New England
Association of Schools and Colleges to evaluate technical centers;
2.
expand
the times during which technical education classes are offered and authorize
related increases in the calculation of full-time equivalent students;
3.
authorize
the awarding of technical education degrees, which would not replace high
school diplomas;
4.
develop
ways to shorten and simplify the process by which the commissioner grants
approval to new technical education programs;
5.
amend
the amount of tuition the Southwest Vermont Career Development Center may
charge for a student who resides within the New York or Massachusetts portion
of the Bennington regional labor market;
6.
make
miscellaneous technical changes to 16 V.S.A. § 4030 concerning the correction
of erroneous data reported by school districts; and
7.
require the department of education, in
collaboration with other entities, to publish best practice guidelines related
to the provision of special education services and develop materials for
related training.
H.170 AN ACT RELATING TO PUBLIC FUNDING
OF INDEPENDENT SCHOOLS
Introduced by Representative Mook of
Bennington
Statement of purpose: This bill proposes
to require independent schools to comply with requirements relating to school
quality, the provision of special education, and other issues imposed on public
schools in order to receive public funding. It also proposes to limit the
payment of tuition to schools located inside Vermont.
H.177 AN ACT RELATING TO EXTENDING THE
TIME WITHIN WHICH THE BATTENKILL VALLEY SUPERVISORY UNION SHALL CONSIDER THE
ADVISABILITY OF JOINING AN ADJACENT SUPERVISORY UNION
Introduced by Representative Browning of
Arlington
Statement of purpose: This bill proposes
to allow the Battenkill Valley Supervisory Union
until July 1, 2012 to determine whether it is able to achieve the maximum
educational opportunities for its students consistent with administrative and
financial effectiveness and efficiency by:
1.
joining
one of two adjacent supervisory unions, as instructed by the state board of
education; or
2.
discussing the formation of a regional education
district with districts in another supervisory union or unions.
H.179 AN ACT RELATING TO REQUIRING THE
STATE TO PAY FOR 100 PERCENT OF SPECIAL EDUCATION EXPENDITURES
Introduced by Representatives Cheney of
Norwich, Clarkson of Woodstock and Haas of Rochester
Statement of purpose: This bill proposes
to require that 100 percent of special education expenditures be paid at the
state level from the education fund.
H.202 AN ACT RELATING TO A SINGLE-PAYER
AND UNIFIED HEALTH SYSTEM
Introduced by Representative Larson of
Burlington
Statement of purpose: This bill proposes
to set forth a strategic plan for creating a single-payer and unified health
system. It would establish a board to ensure cost-containment in health care,
to create system-wide budgets, and to pursue payment reform; establish a health
benefit exchange for Vermont as required under federal health care reform laws;
create a public–private single-payer health care system to provide coverage for
all Vermonters after receipt of federal waivers; create a consumer and health
care professional advisory board; examine reforms to Vermont’s medical
malpractice system; modify the insurance rate review process; and create a
statewide drug formulary.
H.204 AN ACT RELATING TO PROMOTING
POSITIVE BEHAVIORAL INTERVENTION AND SUPPORTS IN SCHOOLS, REDUCING THE USE OF
PHYSICAL RESTRAINT, AND PROHIBITING THE USE OF OTHER BEHAVIORAL INTERVENTIONS
Introduced by Representatives Donahue,
French, Batchelor, Burditt,
Frank, Haas and Mrowicki
Statement of purpose: This bill proposes
to promote positive behavioral intervention and supports in schools, reduce the
use of physical restraint, and prohibit the use of mechanical, chemical, and
prone physical restraint and seclusion as methods of addressing challenging
student behavior.
H.219 AN ACT RELATING TO SCHOOL DISTRICTS
THAT DEVELOPED A FY 2012 BUDGET MEETING THE PROPOSED REDUCTIONS RECOMMENDED
PURSUANT TO CHALLENGES FOR CHANGE
Introduced by Representatives Browning
of Arlington, Stevens of Shoreham, French of Shrewsbury and Waite-Simpson of
Essex
Statement of purpose: This bill proposes
to recognize each school district that developed a FY 2012 budget meeting the
proposed reductions recommended pursuant to Sec. E2 of No. 135 of the Acts of
the 2009 Adj. Sess. (2010) (Challenges for Change) by excluding the district’s
FY 2012 and FY 2013 budgets from the calculation for excess spending, by
exempting those budgets from the requirements of a divided ballot, and by
calculating the district spending adjustment in those fiscal years using an
increased figure for the base education amount.
H.227 AN ACT RELATING TO FUNDING THE
TWINFIELD USD #33 BIOMASS PROJECT
Introduced by Representative Ancel of Calais
Statement of purpose: This bill proposes
to appropriate $67,500.00 of the fiscal year 2012 school construction funds to Twinfield USD #33 for its biomass project.
H.228 AN ACT RELATING TO THE CREATION OF
AN EARLY CARE AND EDUCATION TASK FORCE
Introduced by Representative Frank of
Underhill
Statement of purpose: This bill proposes
to create an early care and education task force.
H.234 AN ACT RELATING TO PROVIDING STATE
FINANCIAL SUPPORT FOR SCHOOL LUNCHES, SUMMER MEALS, AND SNACKS FOR LOW INCOME
CHILDREN
Introduced by Representatives Donovan of
Burlington and 13 other representatives
Statement of purpose: This bill proposes
to use state funds to pay the student’s portion of a reduced price school
lunch.
S.44 AN ACT RELATING TO PUBLIC FUNDING
OF INDEPENDENT SCHOOLS
Introduced by Senators McCormack, Giard and MacDonald
Statement of purpose: This bill proposes
to require independent schools to comply with requirements relating to school
quality, the provision of special education, and other issues imposed on public
schools in order to receive public funding.
S.53 AN ACT RELATING TO THE NUMBER OF
PREKINDERGARTEN CHILDREN INCLUDED WITHIN A SCHOOL DISTRICT’S AVERAGE DAILY
MEMBERSHIP
Introduced by Senators Mullin, Lyons, Baruth, Doyle and Kittell
Statement of purpose: This bill proposes
to remove limits on the number of prekindergarten children who may be included
in a school district’s calculation of average daily membership.
S.57 AN ACT RELATING TO A SINGLE-PAYER
AND UNIFIED HEALTH SYSTEM
Introduced by Senator Ayer
Statement of purpose: The same as H.202; see above.
S.67 AN ACT RELATING TO THE OPEN MEETING
LAW
Introduced by Senator White
Statement of purpose: This bill
proposes to amend the open meeting law to clarify when a public body may enter
executive session. The bill also proposes to allow members of a public body to
participate in a meeting if certain requirements are met. In addition, the bill
proposes to authorize the award of attorney’s fees and litigation costs to a
complainant who substantially prevails in a case alleging violation of the open
meeting law.
END