REPORT FROM THE CAPITOL -- DAY TWENTY-ONE, 2009
by Herbert Garrett on 2/19/2009

This legislative day started bright and early with the Senate Education and Youth Committee and the Senate Finance Committee both meeting promptly at 8am.  HB 233, providing for a two-year moratorium where increases in the assessed value of real property shall be limited to zero per cent (except for various exceptions like substantial improvements, additions, or rezoning), was discussed by the Senate Finance Committee. Speakers brought issues regarding the bill's constitutionality,  the lack of  a process to handle errors and commissions, another limitation to school district local revenues, the cost to counties to maintain two valuations (fair market and the frozen values), and whether the bill's language actually makes it a three-year moratorium.  While no vote was taken, it was clear that the bill would be brought back, discussed and voted on at the next Senate Finance Committee meeting.

Back down the hall in the Senate Education and Youth Committee, SB 84 (the school board governance bill) was heard.  An amendment by Senator Eric Johnson clarified some language concerning conflict of interest for board members.  Senator Buckner, District 44, introduced four additional amendments.  The only one to pass added language to "local boards of education play a critical role in setting the policies that lead to the operation and success of local school systems."  One amendment did not receive a second; one was defeated; and another was withdrawn.  The recommended amendment that would have changed the statement holding board members to the same code of conduct as "judges and district attorneys" to read "all elected officials" was not approved; look for more clarification and a return of this amendment.  #SB 84~ received a "do pass."

In the afternoon, a very strange meeting of the Academic Achievement Subcommittee of the House Education Committee was held, with much discussion over HB 215 ("Graduating Everyone Matters Act," or 3-diplomas bill) and HB 208 (provides for a bilingual certification on high school diplomas).  At the end of the meeting, HB 215 received a "do pass" after removing all references to the General Diploma and changing the language from three diplomas to two diplomas—a Career/Vocational/Technical diploma and a College Preparation diploma. Seven members voted in support of the bill and four opposed.  Prior to that vote, a decision had been reached for HB 215 to remain in the sub-committee for additional work.  Frustration was expressed that the DOE had established one diploma without input or involvement of the legislators.  [Editor's note:  One wonders why "legislative involvement" is needed for a decision that is clearly one to be made by the State Board of Education.]

Another lengthy discussion began on HB 208, Representative Alisha Thomas-Morgan's bill seeking to  acknowledge a student's bilingual proficiency on the high school diploma.  Questions concerning cost, requirements for testing, and clarification of the term "certification" or "endorsement" were raised.  Members recommend tabling the bill until Representative Morgan could meet with the DOE to answer some of the issues.  She preferred to continue and met briefly with the DOE while discussion to move forward with the bill continued.  Several amendments were discussed including removing the testing requirement and letting the department establish the requirements.  Finally, the bill was tabled with for additional clarification before being reconsidered early next week by the subcommittee.  HB 215 came up for discussion again with changes and passage noted earlier in this report.  Representative Millar's motion to table HB 215 was defeated.

HB 193 received a "do pass" in both the subcommittee and by the full House Education Committee.  It converts the 180-day school year to "the equivalent thereof" or clock hours.  Representative Graves made it clear that the intent was "not to transform HB 193 into the four-day school week."  For example, local boards could decide to extend or shorten the school day to maximize learning, make-up "snow days" or to accommodate testing schedules.  It was noted in the full committee that this bill is for minimum instructional hours and boards could require more hours if desired.

The full House Education Committee also approved Chairman Coleman's substitute to HB 280 to provide additional compensation for teachers in mathematics and/or science.   The teachers who are beginners are below step 4 on the state salary schedule for teachers would be moved to pay step 4.  Teachers receiving a satisfactory evaluation would continue to advance on the pay schedule until they reach the highest pay step.  An amendment to the legislation would require that every five years a teacher shortage survey would be conducted.  If mathematics and/or science did not continue to be an area of need, this bill would sunset.  Four members opposed the bill.

On the House floor, HB 251 passed 139 to 23.  This is the bill that provides school choice to a student within a school district beginning in the 2010-2011 school year.  A parent or guardian may enroll their child in any school in the district if space is available.  The parent would be required to provide transportation.  Local systems must establish a universal streamlined process available to all students to implement these transfers by July 1, 2010.

While General Assembly-watchers are somewhat frustrated that the legislature's three-day work schedule has served to drag out the length of this year's session, there are some weeks when those watchers are glad to have only been subjected to the legislative process for three days.  This is one of those weeks.  They gather again on Tuesday, February 24, for Day 22.