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DLN State Report 5.16 and 5.23

Blog Posts24 May 2013

Georgia

Georgia Governor Nathan Deal released an executive order on May 15 re-affirming state sovereignty in regards to education. The order affirms that Georgia will maintain its sovereignty in deciding educational standards, including decisions on curriculum and instruction. In addition, all standards in Georgia will be up for public review and comment for sixty days and all standards will be voted upon in a public meeting.  Finally, the order prohibits the collection of student data to be shared with the federal government or collected for commercial product development.

Iowa

Bill: HF 215
Status: 05/22/2013 – H Conference committee report adopted; Passed House, ayes 95, nays none; S Conference committee report adopted; Passed Senate, ayes 40, nays 10; Message from Senate. H.J. 1089
Relevant Elements: 1, 4, 5, 7
Iowa HF 215 emerged from conference committee on May 22 with the House voting 95-0 and the Senate voting 40-10. It is the education reform bill and its centerpiece is a series of teacher leadership, mentorship and professional development programs. The conference version would:

  • Establish a competency-based education grant award for no more than ten school districts annually for the purposes of developing, implementing and evaluating competency-based education pilot and demonstration projects.
  • Establish a competency-based instruction task force.
  • Appropriate $1.5 million per year for administering the state online learning initiative.
  • Require students in grades 3-11 to be administered an assessment that is aligned with the state common core standards in both content and rigor.

Louisiana

The Louisiana Supreme Court ruled the current way the statewide school voucher program is funded is unconstitutional on May 7, according to The Times-Picayune. Act 2, part of Republican Gov. Bobby Jindal’s 2012 education reform package, “diverts money from each student’s per-pupil allocation to cover the cost of private or parochial school tuition.” The law authorizes the new Course Choice Program and the Louisiana Scholarship Program. The vote was 6-1 and the plaintiffs were the Louisiana School Boards Association, the Louisiana Association of Educators and the Louisiana Federation of Teachers. Justice John Weimer wrote of the decision, “The state funds approved through the unique MFP process cannot be diverted to nonpublic schools or other nonpublic course providers according to the clear, specific and unambiguous language of the constitution.” The ruling also found that the instrument Governor Jindal used to pass the minimum foundation program violated proper procedure and for that reason was void from the beginning. The legislature passed a resolution not a law to appropriate the MFP funds. The court found the resolution was made with the intent of it having an effect as if it were a law. Justice Greg Guidry wrote in his dissent, that he “saw no constitutional reason the state could not use a student’s per pupil allocation ‘to fund scholarships’ because a student’s per pupil allocation reverts to the state when he or she leaves the system.”

Maine

In Maine, an effort to impose a moratorium on virtual charter schools is well on its way, as well as the requirement that all charters schools in the state function as nonprofit organizations, according to BDN Maine. The Education Committee endorsed three measures that relate to these issues on May 13. The vote of 8-4 recommended the passage of three bills that would, “keep the profit out of public education.” The Democrats are at odds with Republican Gov. Paul LePage who proposed legislation, LD 1529 that would remove the 10-school cap on public charter schools. The three bills are LD 995, LD 481, LD 671.

Bill: LD 995
Status: 03/12/2013 – (H) Bill REFERRED to the Committee on EDUCATION AND CULTURAL AFFAIRS . In concurrence. ORDERED SENT FORTHWITH
Relevant Elements: 7
LD 995 An Act to Establish a Moratorium on the Approval and Operation of Virtual and Public Charter schools, is sponsored by Senate President Justin, Alfond, D-Portland and would prohibit the Maine Charter School Commission from authorizing any virtual charter school until the legislature enacts a virtual charter school law that is separate from the current charter school law.

Bill: LD 481
Status: 02/14/2013 – (S) On motion by Senator Millett of Cumberland, REFERRED to the Committee on EDUCATION AND CULTURAL AFFAIRS , in concurrence.
Relevant Elements: 6
LD 481, an Act to Amend the Law Governing Virtual Public Charter Schools is sponsored by House Education Committee Chair Bruce MacDonald, D-Boothbay, and would require all full and part time virtual charter school teachers to hold a valid teacher certification or obtain one within three years. The Department of Education and Maine Charter School Commission would determine the cost of running a virtual charter school.

Bill: LD 671
Status: 02/26/2013 – (S) On motion by Senator Millett of Cumberland, REFERRED to the Committee on EDUCATION AND CULTURAL AFFAIRS , in concurrence.
Relevant Elements: 7
LD 671, an Act to Protect Charter Schools by Requiring Them to be Operated as Nonprofit Organizations, is sponsored by Rep. Matthea Daughtry, D-Brunswick. It would require all public and virtual charter schools to operate as nonprofit organizations.

Bill: LD 1533
Status: 05/15/2013 – (H) Bill REFERRED to the Committee on EDUCATION AND CULTURAL AFFAIRS . In concurrence. ORDERED SENT FORTHWITH.
Relevant Elements: 8, 9
Maine LD 1533, sponsored by Senate President Justin Alfond, D- Portland, was introduced and referred to the joint Education and Cultural Affairs Committee on May 14. It would:

  • Include an online learning provider’s demonstrated experience in collaborating with schools to develop innovative practices related to online learning as a basis for approval of the online learning provider by the Department of Education.
  • Require an online learning provider to reapply for approval annually.
  • Allow courses to be of varying lengths and to be worth varying amounts of credit to assist in remedial course work and proficiency-based pathways to graduation.
  • Require an online learning provider to use surveys approved by the Department to gauge the satisfaction of its students with the online learning provider and the courses offered by that online learning provider and provide the results of the surveys to the legislature.
  • Establish the Maine Online Learning Program Reimbursement Fund to provide funds to a school administrative unit for the cost of courses provided by an online learning provider to students in that school administrative unit.
  • Detail the eligibility requirements, guaranteed reimbursement allocations and dollar amount limits.
  • Appropriate funds from the Maine Learning Technology Fund.

Massachusetts

Bill: HB 3401
Status: 5/23/2013 – Amendment(s) adopted as amended (Senate Committee on Ways and Means); New text substituted – see SB3; Ordered to a third reading; Passed to be engrossed (36/3)Relevant Elements: 1, 9
Massachusetts, HB 3401, sponsored by the House Ways and Means Committee, passed the House on April 24 with a vote of 127-29. It passed the Senate Ways and Means Committee as SB 3 on May 16. HB 3401 is the General Appropriation Bill for FY 2014. As passed by the House it would make the following appropriations:

  • $795,548 for the education technology program.

Bill: HB 529
Status: 03/21/2013 – Hearing Scheduled JED – 05/07/2013 10:00 AM A-1
Relevant Elements: 2, 7
Massachusetts HB 529, sponsored by Rep. Martha Walz, D-Boston, was heard in the Senate Education Committee on May 7. The bill relates to charter schools and advocates at the hearing urged lawmakers to abolish caps on the number of charter schools that can legally operate in the state on May 8, according to The Boston Globe. Advocates cited a study by Stanford University that showed, “83 percent of Boston charter schools have significantly better gains than their traditional public school peers in reading and math and that no Boston charter schools have significantly lower gains.” The study also showed that low income Hispanic and African American students in Boston have shown an increase in performance in reading as compared to their peers in traditional schools in the city. Edward Cremata co-author of the report and research associate told the Senate Education Committee, “To put it bluntly, the charter sector here is the highest quality that we have seen in any of the 29 states or any of the cities that we have looked at. We find that a student in the charter school [in Boston] gains an ­additional 12 months in reading every year compared to their traditional public school counterpart and additional 13 months in math.”

Present at the hearing was Mayor Thomas Menino who urged a continuance on the current moratorium on charter schools and suggested lawmakers remove the cap on “in district” charter school. “In district” charter schools, unlike charter schools, have more restrictions and are overseen by school districts but are still allowed some flexibility on budgets, school day scheduling as well as central office mandates on curriculum.

Current law allows for expanded intervention in public schools that are classified as level four or level five in a five tiered classification system putting them in the lowest performing levels, according to The Associated Press. Schools with the classification of five would be in the position of being taken over by the state while a school classified as a four would be subject to a “turnaround.”  Mayor Menino asked for more steps to be taken to deal with schools at level three that were on the edge of slipping into a level four or five.

Nebraska

Bill: LR 199
Status: 05/15/2013 – Referred to Executive Board
Relevant Elements: 1, 2, 7
Nebraska LR 199, sponsored by Sen. Heath Mello of Lincoln, was introduced and referred to the Executive Board on May 15. It would require an interim study to acquire additional information, including financial requirements, regarding efforts to establish a statewide virtual/digital educational system. The bill would require the study to include:

  • Developing a plan and budget for state support of online high school courses including short and long-term objectives.
  • Establishing a single statewide virtual education resources website.
  • Establishing a process to evaluate new courses and establishing a digital library with digital media content.
  • Appointing the Appropriations and Education Committee to conduct a join interim study to fulfill the above study.

Nevada

Bill: SB 58
Status: 05/20/2013 – In Assembly. Read first time. Referred to Committee on Education. To committee.
Relevant Elements: 2, 6, 7
Nevada SB 58 passed the Senate 19-0 on May 18. On May 20 it was read a first time in the Assembly and referred to the Assembly Education Committee. It would revise provisions governing the manner in which distance education is provided. It would reverse existing limitations on distance education that provide for student enrollment only under certain circumstances. The bill would provide that a student is entitled to enroll in a distance education program unless the student is ineligible or otherwise prohibited, fails to satisfy certain enrollment conditions, or fails to satisfy the requirements of the distance program itself.

Existing law provides that before a student may enroll in a full-time or part-time program provided by a school district other than the district of residence, he or she must receive permission from the board of trustees of the home district. This bill would eliminate the requirement for part-time students and provide that full-time students would automatically be granted permission unless the student is ineligible.

Existing law provides that an unlicensed employee of a school district be directly supervised by a licensed employee in instructional situations. This bill would grant an exception to the provisions for an unlicensed employee who is supervising distance education students when the students receive instruction from a licensed employee remotely, through electronic means.

New York

Bill: SB 5252
Status: 05/21/2013 – REPORTED AND COMMITTED TO FINANCE
Relevant Elements: 8, 10
New York SB 5252, sponsored by Senate Education Committee Chair John Flanagan, R-East Northport, passed Chair Flanagan’s committee on May 21. It would provide that school districts would be eligible for an apportionment for all technology purchases necessary to administer computer-based state assessments.

Bill: SB 5509
Status: 05/16/2013 – REFERRED TO EDUCATION
Relevant Elements: 1, 2, 6, 7, 8, 9
New York SB 5509, sponsored by Sen. Catharine Young, R-Olean, was introduced and referred to the Senate Education Committee on May 16. It would direct the Education Commissioner to establish an online learning committee to make recommendations for the establishment of a statewide online and blended learning program. The recommendations would include definitions of online and blended learning, connecting modules throughout the state, best practices that can be replicated, implementation guidelines for schools without online programs, funding opportunities, partnerships with higher education, professional development, assessments, technology support and barriers to implementation.

North Carolina

Bill: SB 402, HB 974
Status: 05/23/2013 – Amend Adopted A14; Amend Failed A15; Passed 3rd Reading; Senate Engrossed
Relevant Elements: 9, 10
North Carolina SB 402, sponsored by Senate Appropriations/Base Budget Chair Peter Brunstetter, R-Winston-Salem, passed the Senate Finance Committee on May 21, was amended and read a second time on May 22 and passed the Senate 33-17 on May 23. It is the Senate version of the Appropriations Act of 2013 and will have to be reconciled with Republican Gov. Pat McCrory’s proposed budget as well as with House provisions. The $20 billion budget would give school districts more flexibility in how they use state funding and would allow for merit pay and limited contracts. Among the contentious issues among the parties will be tenure. The House version would modify tenure while the Senate version would phase it out. School grading will also be a contentious issue. Governor McCrory’s budget, HB 974, would allocate an additional $52.4 million over two years to fund services for an additional 5,000 at-risk four year olds to serve a total of 30,000 four year olds per year in Pre-K, while the Senate version would transfer 2,500 slots out of the pre school program to childcare subsidy, according to newsobserver.com.

  • Dedicate lottery funds to support the purchase of reading tablets and technology to help deal with grade three reading achievement and other high priorities. The Senate version does not contain such provisions.

Bill: HB 902
Status: 05/15/2013 – Senate Ref To Com On Education/Higher Education
Relevant Elements: 1, 2, 4
North Carolina HB 902, the Education and Workforce Innovation Act, sponsored by House Appropriations Committee Chairwoman Linda Johnson, R-Kannapolis, passed the House 115-0 on May 14 and is now in the Senate Education/Higher Education Committee. It was designed to: “build programs that integrate workforce training and classroom instruction so students can graduate with the competitive edge needed in a global economy,” according to Wral.com.

The bill would establish the Education and Workforce Innovation program to foster innovation in education that would lead to more students graduating career and college ready. The program would use funds appropriated to it to award competitive grants to an individual, a local school administrative unit, or a regional partnership of more than one local school administrative unit, to advance comprehensive, high quality education that would equip teachers with the knowledge and skill required to succeed with all students. The bill would specify the requirements to be met by the various types of applicants including alignment of K-12 and postsecondary instruction to reduce college remediation needs. All applicants would be required to leverage technology to efficiently drive teacher development, connect students and teachers to online courses and foster virtual learning communities. There would be a matching requirement for funds stating that all funds appropriated by the state must be matched by a combination of private and local funds.

The bill would also create the North Carolina Education and Workforce Innovation Commission that would publish a report including how funds and personnel resources were utilized and their impact on student achievement, retention and employability. The commission would also conduct a study to determine the most efficient way to fund dual enrollment for high school students in college coursework.

Pennsylvania

Bill: HB 1366
Status: 05/09/2013 – PN 1764 Referred to EDUCATION
Relevant Elements: 4
Pennsylvania HB 1366, sponsored by Rep. Ryan Aument, R-Lancaster, was introduced and referred to the House Education Committee on May 9. It would:

  • Establish, maintain or expand programs that implement competency based education, with a focus on self-paced mastery of a customized learning plan.

South Carolina

Bill: HB 4206
Status: 5/22/2013 – Referred to Committee on Education and Public Works
Relevant Elements: 1
South Carolina HB 4206, sponsored by Rep. Todd Atwater, R-Lexington, was introduced and referred to the House Education and Public Works Committee on May 22. It would require successful completion of three high school-level virtual learning credit units during high school in order to graduate from an accredited school, subject to the availability of coursework and the appropriation of funds. It would take effect beginning with the 2016-2017 school year.

Texas

Bill: SB 2
Status: 5/22/2013 – S House appoints conferees-reported
Relevant Elements: 2, 7, 8
Texas SB 2 passed the House with amendments on May 17 with a vote of 114-23 and entered conference committee on May 21 to consider House amendments. The bill would:

  • Increase the charter school cap on licenses to 305 by 2019 in yearly increments from the current cap of 215.
  • Require school districts to give each charter school the opportunity to make an offer to purchase unused or underused facilities.
  • Strengthen the state’s authority to close low-performing charter schools and make sure only the high quality programs are allowed to expand.
  • Require the state’s education commissioner to revoke the license of a charter school if the school has failed to meet for three years the required standards.
  • Require the commissioner to annually report on the performance of open-enrollment charter schools compared to the performance of campuses and programs operating under charters granted by school districts of matched traditional campuses.
  • Detail the merits by which the Board approves or denies an application for a school.
  • Require the commissioner to develop and adopt performance frameworks that establish standards by which to measure the performance of an open enrollment charter school.
  • Provide for charter holders to establish new schools if the charter holder can document a high degree of student performance in the existing charter school.
  • Allow for out of state operators to operate charters in Texas if certain performance measures are met.

Latest amendments:

  • Add new requirements for the Commissioner of Education with regards to requirements for charter school applicants regarding their financial status.
  • Provide circumstances when an open enrollment charter school would be able to serve as a provider school district and the requirements to do so.
  • Require that teachers and administrators employed by a charter school must hold a baccalaureate degree. Previous versions only required a high school diploma.
  • Add a new section covering the authorization of grants for charters primarily serving students with disabilities.
  • Require the majority of members of the governing body of an open enrollment school must be qualified voters.
  • Require a report comparing public schools and require a performance contract.

Bill Updates:

  • California SB 714 was read a second time and amended by the Senate Appropriations Committee on May 7 and re-referred to the same committee on the same day where it is scheduled for a May 20 hearing. The amended version would remove the requirement that was provided for in a previous version, that the Superintendent of Public Instruction adopt emergency regulations authorizing a school district, county office of education or charter school to receive state apportionments for pupils enrolled in an online course.
  • Colorado SB 260 was signed by Democratic Gov. John Hickenlooper on May 18. The bill is effective immediately and will change K-12 public school financing for fiscal year 2013-14 by increasing the base per pupil funding to $5,954.28 to reflect a 1.9 percent inflation rate.
  • Connecticut HB 6358 passed the House unanimously on May 9 with amendments and is pending consideration by the Senate. It would permit an additional, non-traditional method for high school students to earn academic credits towards graduation by demonstrating mastery based on competency and performance standards adopted by the state Board of Education.
  • Florida SB 1514/Chapter 2013-45 was approved by Republican Gov. Rick Scott on May 20 and takes effect July 1, 2013.
  • In Florida, the budget, known formally as the General Appropriations Act is SB 1500 and has been delivered to Republican Gov. Rick Scott who will have until May 24 to act on the $74.5 billion budget.
  • In Florida, public school funding will now be more available to private online learning companies after HB 7029, sponsored by Rep. Jose Diaz, R-Miami, passed on the last day of the legislature, according to The Herald/Times Tallahassee Bureau. Republican’s felt that its passing was one of the more important victories of the year for school choice. The bill’s sponsor said, “We want to open up access and give our kids the very best.” Critics of the bill felt otherwise, “If you want to get at the largest portion of the state budget that has not been privatized, it is education,” said Jeff Wright who is a public policy advocate for the Florida Education Association. If the bill is signed, private providers would be allowed to bypass the approval process and get approved on a temporary basis as well as allow out-of-state providers, which had previously been barred to come in. A few days prior to the final vote on HB 7029, the House and Senate had cut the amount of financing to Florida Virtual and other providers for part-time students. The bill is pending delivery to Republican Gov. Rick Scott who will have 15 days from receiving the bill to sign or veto the bill or it becomes law without his signature.
  • Illinois HB 494 passed the Senate on May 21 and has now passed both chambers.
  • Indiana Republican Gov. Michael Pence signed HB 1338/Public law 280 on May 11. It takes effect July 1, 2013.
  • Iowa HF 604 emerged from conference committee on May 16 and the House passed their report 87-10 and the Senate passed it 27-21 later the same day.
  • Minnesota HF 630 was approved by Democratic Gov. Mark Dayton on May 22 and will be effective July 1. The bill is the omnibus K-12 Education Policy and Finance Bill.
  • Missouri HB 2 was delivered to Democratic Gov. Jay Nixon on May 22 who would have until July 7 to sign or veto the bill or it would become law without his signature. It would appropriate money to the state Board of Education and the Department of Elementary and Secondary Education for the 2014 fiscal year.
  • Oklahoma HB 2048 was signed by Republican Gov. Mary Fallin on May 14. The bill will be effective 90 days after adjournment, which is currently scheduled for May 31.
  • Oregon Democratic Gov. John Kitzhaber signed HB 2426 on May 13. It takes effect on January 1, 2014 and will require district school boards to adopt policies for the use of personal electronic devices in schools.
  • Pennsylvania HB 1123 passed the House 196-0 on May 15 and is pending delivery to the Senate.
  • Tennessee SB 157, was signed by Republican Gov. Bill Haslam on May 14. It is his proposal to impose enrollment limits on state virtual schools and takes effect immediately.
  • Texas HB 1926 passed the Senate on May 22 with amendments and the House will now consider Senate amendments.
  • Vermont SB 130 passed the House with amendments on May 8 and the Senate concurred in House amendments on May 13 and the bill is pending delivery to Democratic Gov. Peter Shumlin. The bill would expand existing secondary school programs, including dual enrollment and early college, into a flexible pathways initiative.
  • Washington Democratic Gov. Jay Inslee signed HB 1642/Chapter 184, 2013 Laws on May 8. It takes effect on July 28, 2013 and will require each school district board of directors to adopt an academic acceleration policy for high school students.
  • Washington SB 5496/Chapter 161 was signed by Democratic Gov. Jay Inslee on May 7 and will be effective July 28, 2013. The bill will provide a clear process for private schools to obtain state approval to offer online learning options.