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Legislative Update

Legislative update: Short session is long on bills
 
Kentucky School Advocate
March 2019
 

By Brenna R. Kelly
Staff writer

It may be a short session, but there’s no shortage of bills in this year’s General Assembly. Before the filing deadline, legislators filed 789 bills, many of which would have an impact on Kentucky schools and districts.

Eric Kennedy
This year is not a budget session, and though the legislature opened the budget to fund some state park improvements, no education funding is expected this session, Eric Kennedy KSBA’s director of governmental relations, told a packed room of school board members and superintendents at KSBA’s annual conference. 

“One of the biggest things we’ll be advocating for next session is money for school safety,” Kennedy said. 

Senate Bill 1, the School Safety and Resiliency Act, has passed the House and the Senate and has been sent to the Governor for his signature. The final version of the bill includes some mandates contingent on funding and some that are not, he said.

Before the next budget session KSBA will work with KDE and legislators to create a way to inventory facility needs and estimate the costs needed.

Another bill for school board members to watch is House Bill 22, which would allow school boards to fill their own vacancies instead of being filled by the commissioner of education. The bill passed out of the Senate Education Committee and is awaiting action by the full Senate, he said.

“We think not only is that better for your own decision making in your local community, you know your district better than anyone in Frankfort,” he said. “We also think it will be more efficient and more timely.” 

House Bill 227 would increase the board per diem from $75 per day to $150. The bill, which would also raise the maximum per year to $6,000, passed out of the Senate Education Committee and is awaiting action by the full Senate. The board member per diem has not been changed in 19 years, Kennedy said.

Kennedy also let board members know about House Bill 205, which would allow tax credits for contributions to private school scholarships.

“We’re against every new tax exemption that reduces the money coming into the state,” Kennedy said. “The state is long on debts and needs and short on cash, so we are against anything that reduces the cash coming in to pay for the things we need.” 

Pension reform, which was the most controversial last session, seems to have fizzled out this session, he said.

“We’re hearing from legislators that with 13 working days left, we don’t think they will be able to get enough agreement on any one plan to pass it this session,” he said. But there has been talk of a special session later this year, he said. 

 

There are a few pension bills including House Bill 504, House Bill 505 and House Bill 525.

  •        HB 504filed by Rep. Scott Lewis (R-Hartford), had input from KSBA and the other education “K Groups.” While it would create a new tier of benefits for new teachers, it would not change current teachers or retirees’ benefits. The minimum retirement age would also be raised to 55. However, the bill appears unlikely to move forward, Kennedy said. 
  • HB 505filed by Rep. Jerry Miller (R-Louisville), would reinstate some of the provisions of last year’s pension bill that was invalidated the Kentucky Supreme Court. The would require districts to pay 2 percent of payroll for teacher pension benefits. Kennedy said this bill does not appear likely to pass this session.
     
  • HB 525 would change the way Teachers’ Retirement System (TRS) Board of Trustees are elected. After the annual conference, this bill led to an apparent sick out by teachers. The bill passed out of the House State Government Committee in an amended version and is awaiting action by the full House.

Other bills Kennedy asked members to watch include:

  •        Senate Bill 8, which would reform teacher tribunals, has passed out of the House Education Committee and is awaiting a vote by the full House.
  •         Senate Bill 15, which would alleviate the massive backlog and delay caused by requiring background checks of “contractors,” passed out of the House Education Committee and is awaiting a vote by the full House.
  • Senate Bill 175 would makes changes to the state’s accountability system. The changes would reduce the number of TSI schools, which would allow districts focus and offer additional supports to the schools. The bill passed the full Senate and is in the House Education Committee. 
  • House Bill 460 would require an independent district and county district in the same county where both district’s enrollment is less than 1,000 students to merge. 

Kennedy also reminded board members and superintendents that this year marks the 30th anniversary of the Rose vs. Council for Better Education decision. In the decision, the Kentucky Supreme Court reaffirmed the Kentucky constitution’s requirement that “each and every child in this state should receive a proper and an adequate education, to be provided for by the General Assembly.” 

Kennedy noted that many people may not remember the case and many legislators were children when it was handed down.

“Every budget session when the funding is sort of held steady, or cut or we lose ground with inflation, we have to consistently work to remind legislators of what our constitution says is their responsibility to education,” he said.

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