Weekly Legislative Report

Monday, June 28, 2010

In this report...

·                  Education Spend Number Still Unknown

·                  House, Senate Voting Agendas Could Quickly Change

·                  Energy Conservation Bill on Way to Governor

·                  Special Education Funding Bill Sent to Senate

·                  School Foods Reform Bill to be Voted, Act Now

·                  Education Committee to Consider Three Bills

Education Spend Number Still Unknown

Discussions regarding the budget were ongoing throughout the weekend. Still unresolved is how much of an increase basic education will receive. Recent reports indicate that budget negotiators have proposed trimming the basic education subsidy increase from $354 million to as low as $200 million or a spend number somewhere in between. Also proving challenging is what to do if Congress does not extend the Federal Medicaid Funding (FMAP). The FMAP extension is worth $850 million to Pennsylvania, and if it is not approved by Congress, more cuts would be necessary. Today when both chambers return to session, legislative leaders will brief their members about the latest negotiations. When an agreement is struck, and details are made available, PASBO will post information on its website at  http://www.pasbo.org.

The Pennsylvania School Funding Campaign, which includes PASBO as a member, asks that you contact your legislators to request that no more further cuts are made to basic education. The $354 million increase would restore state funding to the 2008-09 level. To send an email, go to: http://www.capwiz.com/pasbo/issues/alert/?alertid=14923286.

House, Senate Voting Agendas Could Change Quickly

Both chambers are scheduled to be in session through Wednesday, but the schedule is likely to be extended until a budget is passed. For now, the House Calendar includes the consideration of HB 2060 (Briggs), which amends the Public School Code to for management of concussions and head injuries to students participating in athletic activities. Two other bills of interest on which the House could act include: HB 1838 (Santasiero), which allows for the suspension of real estate taxes for certain disabled veterans during the time of pending certification by the State Veterans' Commission; and HB 2576 (Shapiro), which amends the Crimes Code to further provide the crime of institutional sexual assault, adding that a school employee, public or private, commits a felony of the third degree when sexual intercourse, deviate sexual intercourse or indecent contact with a student of the school who is younger 18 years of age at the of the act. A conviction would constitute a bar to employment.

The following School Code bills are on the Senate Calendar: SB 250 (Corman), which would reauthorize the Mandate Waiver Program; SB 553 (Rafferty) which would require a super majority for passage of school taxes; and SB 1134 (O’Pake), which provides for the suspension of operating privilege related to truancy.

Energy Conservation Bill on Way to Governor

HB 687 (Dermody) has passed both legislative chambers and is soon on its way to the Governor's desk. Under the bill, school districts will have an easier time making energy conservation improvements to their facilities, according to the sponsor. The bill broadens the definition of "conversation measure" and extends the time for which improvements can be made from 15 years to 20 years. The list of allowable energy-saving measures is expanded to include technology upgrades; water and sewer conservation measures; upgrades that improve the accuracy of billable revenue-generating systems; and automated or remotely controlled systems that reduce costs.

Special Education Funding Bill Sent to Senate

Rep. Mike Sturla's HB 704 passed the House last week by a vote of 173-25. The bill, which would change the funding and accountability of special education, now awaits consideration by the Senate Education Committee. HB 704 would create a legislative commission responsible for developing a new special education funding components, which would be applied to in a new formula only on the increase above the 2008-09 total special education appropriations set aside 1 percent of the appropriations for the contingency fund of special education funding; to the extent funds are available, establish a competitive grant program that would consider inclusion practices and adequate yearly progress of school districts and charter schools; establish an accountability system that includes a special education plan to be approved and monitored by PDE; establishes a new special education funding formula to be applied to the increase in special education spending. Accountability requirements provided under the bill are waived unless the new formula is fully funded.

School Foods Reform Bill to be Voted, Act Now

Tomorrow, the House Health and Human Services Committee is scheduled to consider HB 1572 (Gerber), which would impose nutritional standards for all foods and beverages sold in competition with reimbursable meal programs. The bill would ban the sale of beverages other than water, reduced fat milk and fruit juices made from 100% juice. Snacks that have more than 100 calories, 30 percent total calories from fat, more than 35 percent weight from added sugars and more than 230 milligrams of sodium could not be sold.

Minority committee chair, Rep. Matt Baker, will offer an amendment on behalf of PASBO that would recognize school district authority and the responsibility of the Pa Department of Education to publish nutrition standards. To read more about PASBO's position and the amendment, go to: http://www.pasbo.org/Uploads/10Apr_HB1572_Memo.pdf. If your legislator is a member of the House Health and Human Services Committee, please contact him or her by telephone in support of the amendment. For a list of Committee members and their contact information, go to: http://www.legis.state.pa.us/cfdocs/cteeInfo/cteeInfo.cfm?cde=20&body=H.

Education Committee to Consider Three Bills

The House Education Committee meets on Wednesday to consider: HB 2061 (Briggs) which amends the School Code providing for disclosure by school entities of certain interscholastic athletic opportunity information; HB 2507 (Bishop) which amends the School Code further providing for charter school facilities; and HB 2603 (Roebuck) which amends the School Code providing for costs of tuition and maintenance of certain exceptional children in approved institutions.

Last week the Committee reported out HB 2519 (Roebuck), which rolls over the language from the Fiscal Code to the School Code regarding certain education issues and language the implemented education funding for the 2009-10 budget; and HB 2540 (Harkins), which amends the School Code to include "grandchild" as a near relative for purposes of bereavement leave and payment of salaries.