School Counselor Legislative Report Prepared for the Kansas Counseling Association and its members February 24, 2017

By Bernie Koch, Lobbyist Kansas Counseling Association

The Kansas Legislature is now on a ten-day unpaid break. The House and Senate return March 6.

This period is called the turnaround and is supposed to mark the halfway point of the legislative session. The turnaround break is normally only four or five days. The unusually long break is supposed to help save days for later in the session when difficult decisions might be faced.

Here is an update of some of what occurred this week. I will try to put together a more comprehensive look at the halfway point and legislation of interest to school counselors sometime next week.

This would be a good time to contact your legislators to let them know you want them to fund education.

Where we are on taxes and budget

You have probably been reading and hearing the news about what’s happened with income tax increases. Here’s a summary that I hope is not too complicated.

 On Wednesday, Governor Sam Brownback vetoed Substitute for House Bill 2178, the income tax bill that would have gone a long way toward fixing Kansas structural budget problems.  On Wednesday, the Kansas House of Representatives successfully overrode the Governor’s veto by a vote of 85 to 40. It takes 84 votes to override a veto in the House.  Later that day the Senate vote to override the veto was not successful. It was 24 to 16. 27 votes are needed to override.

With the failure by three votes to override the Governor’s veto of the income tax bill, here’s what’s happening.

Both the House and Senate Tax Committees met briefly “at the rail” on the 3rd floor of the Statehouse Thursday and passed out bills that could be part of a new tax package.

The overall thinking is that if most of the “yes” votes will hold, tweaking the income tax brackets or when the tax increase take effect could bring in the three Senate votes needed to pass an override. With the Governor’s veto sustained and bills that raise less money now in the mix, Senate budget writers are going to begin to look at where to cut the budget. They appear to be looking at cuts that assume that some income tax bill will pass, but one that will not cover all of expected future shortfalls for a few years.

This is not good news for education funding. It puts even flat funding at risk.

Here’s how House members voted on the veto override: http://www.kslegislature.org/li/b2017_18/measures/vote_view/je_20170222103333_628237/

Here’s how Senate members voted on the veto override: http://www.kslegislature.org/li/b2017_18/measures/vote_view/je_20170222162940_919940/

Any day now, the Supreme Court could rule

Here’s a quick reminder. Lawmakers know that a decision could come any day now on the school finance lawsuit that challenges the adequacy of state funding for public education.

A court ruling in favor of the school districts that are suing the state could force lawmakers to find an additional $150 million to $500 million.

Up next, school finance

School finance is expected to move to the forefront when legislators return for the second half of the session. Some hearings have been held, but more are expected. Any court decision will certainly play a part in what happens.

Although the formula was supposed to be written this year after two years of block grants, little preparation has occurred. Some legislators are suggesting that with tax and budget issues taking up so much time, rewriting the formula should be delayed another year. The Kansas Supreme Court may have something to say about that.

Due process reversal passes House

It started out as a bill on arbitration, but House Bill 2186 ended up being a bill that returns due process to teachers. The amendment on due process was added during debate on the House floor.

When teachers receive notice their contracts will be terminated or non-renewed, the notice would include a statement that the teacher could have a hearing upon written request with the clerk of the board of education.

The definition of “teacher” would include any professional employee who is required to hold a certificate to teach in any school district. It specifically does not include supervisors, principals, superintendents, or any person employed under the authority of the statute governing the hiring of these kinds of administrative personnel.

Here’s a link to a description of what’s in the bill. The portion having to do with due process is near the end. http://www.kslegislature.org/li/b2017_18/measures/documents/supp_note_hb2186_02_0000.pdf This is a very important bill for the Kansas-National Education Association. Here’s a link to how House members voted on the bill: http://www.kslegislature.org/li/b2017_18/measures/vote_view/je_20170222105154_001808/

Bill on working after retirement gets strong House approval

Once again this year, the complicated issue of public employees working after retirement for other public entities has surfaced. House Bill 2268 passed the House 116 to 9 this week.

The bill makes several changes to KPERS relating to working after retirement.

Under this bill, starting on July 1, 2017, individuals who retire at age 62 or older and are subsequently re- employed by a participating school district would be exempt from the current $25,000 earnings cap. The school district would be required to make a contribution to KPERS equal to 30 percent of the retiree’s compensation.

This is an extremely complicated bill, but the purpose is to allow school districts and others to employ KPERS retirees (under certain conditions) when there is a shortage of available people to fill a position.

Here’s the link to the supplemental note on the bill. Good luck trying to understand. http://www.kslegislature.org/li/b2017_18/measures/documents/supp_note_hb2268_01_0000.pdf

If the bill passes, the best way to get information (as I’ve suggested in the past) is to contact the KPERS office in Topeka.

Find your legislator

Want to contact your legislator to let them know what you think of any issue?

Here’s a quick and easy way to do it. Just go to: http://openstates.org/find_your_legislator/

Enter your full address, click on the magnifying glass icon. A map of your legislative district and the names and pictures of your state senator and representative will appear.

Click on their name to get contact information.

Bill tracker

Below is a listing of the bills we are tracking for the educator members of the Kansas Counseling Association. You can click on the bill number for more information. It will take you to the Kansas Legislature’s web site, where you can read information on the bill.

Many bills will have a Supplemental Note or Fiscal Note. Click on SN or FN to get information in layman’s terms. Bill Number Bill Subject Current Status Last Action and Sponsor

SB 138 Exempting KPERS licensed school retirants In Senate Financial 02/02/2017 - Senate from the working after retirement earnings Institutions and Referred to Financial Institutions Senate Ways and limitation Insurance and Insurance Means Committee

SB 146 Continuation of 20 mill statewide levy for In Senate Assessment 02/03/2017 - Senate schools and property tax exemption of certain and Taxation Referred to Assessment and Senate Assessment portion of property used for residential Taxation and Taxation purposes from such levy Committee

SB 205 Allowing certain time away from work or In Senate Financial 02/21/2017 - Senate normal duties to be credited as participating Institutions and Referred to Financial Institutions Senate Ways and service under KPERS and KP&F Insurance and Insurance Means Committee

HB 2048 School district plan addressing child sexual In Senate Education 02/15/2017 - Senate abuse; establishing Erin's law Referred to Education House Corrections and Juvenile Justice Committee

HB 2078 Authorizing the reduction or elimination of In House Education 01/20/2017 - House property tax exemption by a school district Scheduled Hearing in Education: House Education Wednesday, 1/25, 3:30 PM, Rm Committee 546-S HB 2113 Permanently exempting postsecondary In House 01/20/2017 - House educational institutions from the public Appropriations Referred to Appropriations House Appropriations buildings law under the personal and family Committee protection act

HB 2138 State fire marshal; school lockdowns; rules and In House Local 01/25/2017 - House regulations Government Referred to Local Government House Local Government Committee

HB 2142 Establishing a unified school district employee In House K-12 02/15/2017 - House health care benefits program Education Budget Withdrawn from Appropriations; House K-12 Education rereferred to K-12 Education Budget Committee Budget

HB 2165 Development and implementation of ethnic In House Education 01/26/2017 - House studies in schools Referred to Education House Education Committee

HB 2171 Student privacy and protection act In House Federal and 01/27/2017 - House State Affairs Referred to Federal and State House Federal and Affairs State Affairs Committee

HB 2179 Due process for terminating teachers' In House Education 02/21/2017 - House contracts Motion pending to withdraw Steven G. Crum, D-98th from Committee and place on General Orders; Motion withdrawn

HB 2186 Enacting the uniform arbitration act of 2000 In Senate Judiciary 02/23/2017 - Senate Referred to Judiciary House Judiciary Committee HB 2242 Enacting the classroom-based funding act In House K-12 02/15/2017 - House Education Budget Withdrawn from Appropriations; House K-12 Education rereferred to K-12 Education Budget Committee Budget

HB 2243 Authorizing school security officers to use In House Corrections 02/02/2017 - House certain types of emergency safety and Juvenile Justice Scheduled Hearing in Corrections House Corrections and interventions and Juvenile Justice: Monday, Juvenile Justice 2/6, 1:30 PM, Rm 152-S Committee

HB 2268 Extending the sunset date on certain working In Senate Financial 02/23/2017 - Senate after retirement exemptions Institutions and Referred to Financial Institutions House Financial Insurance and Insurance Institutions and Pensions Committee

HB 2270 Creating the education finance act In House K-12 02/15/2017 - House Education Budget Withdrawn from Appropriations; House K-12 Education rereferred to K-12 Education Budget Committee Budget

HB 2324 School district finance and quality performance In House K-12 02/15/2017 - House act of 2017 Education Budget Withdrawn from Appropriations; House Appropriations rereferred to K-12 Education Committee Budget

HB 2360 Establishing the division of the state employee In House 02/14/2017 - House health benefits plan in the department of Appropriations Referred to Appropriations House Appropriations administration Committee

HB 2374 Expanding the tax credit for low income In House K-12 03/06/2017 - House students scholarship program Education Budget Referred to K-12 Education House Taxation Budget Committee Bernie Koch Government Relations - [email protected]