While much of the education policy focus in 2009 was on state aid to schools, senators also passed legislation providing assistance for children of deceased officers and firefighters, offering loan forgiveness for teachers and changing state scholarship programs.
LB545, the state aid to schools bill, introduced by York Sen. Greg Adams, originally would have reduced the amount of state aid due to fiscal constraints. An amendment to allocate $234 million of federal stimulus funds, however, resulted in an overall increase in state aid.
General file debate spanned four days as senators debated how to address the $61 million gap between the available federal stimulus funds and what the current formula demands.
Adams brokered a compromise between the interests of large and small school districts that resulted in what he called a balanced impact on the state’s schools.
The bill decreases the cost growth factor by 0.5 percent in fiscal year 2009-10 and by 1 percent in FY2010-11. The averaging adjustment threshold is the prior year’s amount increased by the basic allowable growth rate plus 0.5 percent, or the statewide basic funding per formula student – whichever is smaller.
The bill reduces school employee retirement aid for non-equalized districts from $30 million to $15 million per year. The reduction reflects changes proposed in LB187, a Nebraska Retirement Systems Committee bill that proposed a 1 percent rather than a 2 percent additional employer contribution for the next five years. These changes will free up a total of $30 million dollars over the next two years, Adams said.
Other provisions of the bill will:
- recreate reorganization incentives by allocating $800,000 in lottery funds to small school districts that consolidate;
- reformulate an existing hold harmless provision in learning communities;
- exempt from spending lids early retirement agreements made before July 1, 2009;
- make changes to employer retirement contributions, excluding them from spending lids and future general fund operating expenditures;
- reduce school district spending authority from 2.5 percent of their general fund operating expenditures to 1.5 percent;
- base the instructional time allowance on the statewide average rather than on a comparison group average;
- enable school districts to use stimulus bond programs with the current levy cap of 5.2 cents per $100 valuation; and
- set the certification date for state aid to schools as March 1 for next year.
Also in relation to state aid, senators passed a bill delaying the certification of state aid and budget authority to school districts.
The certification date typically falls on Feb. 1. The bill further delays the certification date of state aid to schools from April 1 to June 1.
Adams, the sponsor of LB548, said additional time is needed to provide accurate state aid estimates to school districts in light of newly available federal stimulus funds.
LB548 passed on a 35-3 vote.
Children of law enforcement officers and firefighters who perish in the line of duty will be offered postsecondary education assistance under a bill passed this session.
LB206, introduced by Lincoln Sen. Danielle Nantkes, permits children of deceased police officers and firefighters to attend state universities, colleges and community colleges free of tuition and fees.
The bill limits the assistance to children under 26 years of age. Beneficiaries are required to apply for federal financial aid, as well as state scholarships and grants, to offset tuition and fees.
LB206 passed on a 47-0 vote.
Senators also passed a bill that forgives some educational loans for teachers who pursue graduate degrees.
The Attracting Excellence to Teaching program provides forgivable education loans to teachers who work in areas of high need as established by the state Department of Education.
LB547, introduced by Adams, allows $600,000 of the $1 million program to be used for teachers pursuing graduate degrees and $400,000 for undergraduate degrees. Under the bill, the graduate degree must be in the teacher’s endorsed area and teachers must commit to stay in the teaching profession for at least two years.
The bill passed on a 49-0 vote.
The state will help provide funding for career education student organizations under a bill passed by senators this session.
LB476, introduced by Platte Center Sen. Arnie Stuthman, creates the Center for Student Leadership and Extended Learning to provide financial and administrative support for career education student organizations. These organizations include FFA, Future Business Leaders of America, Family Career and Consumer Leaders of America, Distributive Education Clubs of America, SkillsUSA and Health Occupations Students of America.
The bill repeals the Career Education Partnership Act, thereby freeing up the $450,000 per year required by the measure.
LB476 passed on a 49-0 vote.
Several technical changes to education policy also were approved by senators this session.
LB549, sponsored by Adams, is a cleanup bill from the state Department of Education and includes provisions from four other bills.
LB257, sponsored by Scottsbluff Sen. John Harms, eliminates the Seamless Delivery System Pilot Project, which ended in 2001, making the statutes obsolete.
LB530, introduced by Cedar Rapids Sen. Kate Sullivan, extends the authorization for school districts and educational service units to enroll students in early childhood education programs when the students are kindergarten eligible, but not of mandatory attendance age. The authorization does not apply to early childhood education programs that receive state grants or funding through the Tax Equity and Educational Opportunities Support Act. The extension will apply to the 2009-10 school year.
LB461, sponsored by Adams, allows members of the state Board of Education to run for state office without having to resign.
The bill also includes provisions originally found in LB548, an Adams bill that clarifies that student records include academic and disciplinary material when a student transfers and expands the application of requirements for vehicles used to transport school children.
LB549 passed on a 45-0 vote.
Adjustments to learning community procedures also were approved by lawmakers.
Created by legislation passed in 2007 and enacted in January, a learning community is a political subdivision that shares the territory of member school districts and is governed by a learning community coordinating council.
LB392, sponsored by Adams, requires a primary election for candidates running for the coordinating council. The deadline to establish elementary learning centers is delayed under the bill and nonvoting coordinating council members are authorized to participate in achievement sub-councils.
LB392 passed on a 47-0 vote.
Introduced by Adams, LB62 allows for option enrollment in the first school year a learning community is in place.
Currently, option enrollment is specified to end once a learning community is established.
The bill delays the transportation adjustment by one year to coincide with the current open enrollment provisions.
LB62 also assigns the state Department of Education responsibility for determining the average percentage of students qualifying for free or reduced price lunches in learning communities and member districts.
The criteria for open enrollment are specified in the bill. If space is available for additional students in the district, a student who has a sibling in that district will have first priority. Students who will contribute to the socioeconomic diversity of the enrollment will receive second priority.
LB62 passed 46-0.
Senators also gave final approval to a bill that requires children entering seventh grade to have booster shots for diphtheria, pertussis and tetanus.
Under LB464, sponsored by Papillion Sen. Tim Gay, the timing of the booster coincides with a requirement that Nebraska children obtain a physical examination prior to entering seventh grade. As with other immunization requirements, diphtheria, pertussis and tetanus boosters can be waived for religious or medical reasons.
The bill passed on a 46-0 vote.
A bill addressing dating violence was amended into LB63, a bill brought by Omaha Sen. Mike Friend aimed at reducing violent crime and gang activity.
LB64, sponsored by Omaha Sen. Gwen Howard, requires the state Department of Education to develop a model dating violence policy by March 1, 2010, to assist school districts in developing policies, which districts must adopt by July 1, 2010.
Lawmakers also addressed postsecondary education this session.
LB440, introduced by Omaha Sen. Brenda Council, removes the mention of race, ethnicity and culture from a diversity-based state scholarship program. The bill harmonizes the state’s Student Diversity Scholarship Program Act with the state constitution, which was amended by voters last November to prohibit racial and gender preferences in public admissions and hiring decisions.
The bill also includes provisions from LB103, a bill introduced by Adams that raises the cost threshold from $500,000 to $2 million for capital construction projects requiring approval from the Coordinating Commission of Postsecondary Education.
LB440 was passed on a 44-0 vote.
In an effort to resolve funding disputes between state community colleges, senators passed LB340, introduced by Omaha Sen. Tanya Cook, which requires the Coordinating Commission for Postsecondary Education to evaluate the community college funding formula.
The bill requires community college officials to resolve disputes about how to divide state aid.
Under the bill, the commission’s study will focus on four areas: the role and mission of community colleges, changes in the weighting of courses to reflect that role and mission, the role of the Nebraska Community College Association and whether membership should be required. Each community college is required to participate in the study and the findings will be reported to the Legislature by December 15.
The bill passed on a 49-0 vote.
A bill requiring schools to develop student allergy plans remains on general file.
LB72, introduced by Bellevue Sen. Abbie Cornett, would require the state Department of Education, in consultation with the state Department of Health and Human Services, to develop and make available policy guidelines for the management of students with life-threatening allergies.
