NDEA 2007 LEGISLATIVE REPORT

Issue 7 - February 15, 2007

Investing in Public Education

For a PDF copy of the full report, click here!  

Education Funding - Even before the 2007 Legislature began, there was no doubt an increase in education funding would be proposed.  The Governor had recommended at least $60 million.  The Commission on Educational Improvement had developed a plan to revise the funding formula to solve the equity problem.  That Commission also recommended some increases.  The bill was SB2200, and everyone wondered how much money would go into it during the first half of the session and whether the bill would change.  There is currently about $80.5 million in the bill.

During the first half of the session, there were other attempts to put more money into education.  HB1441 would have put $195 million into education, and an amendment to HB1051 would have put an additional $30 million into education.  Although both of those proposals were defeated, maybe, by the end of the session, more money for education can be found.

Early Childhood Education and Kindergarten - The House and Senate have approved additional funding for early childhood education and full-day kindergarten.  This is good!  Research shows that a good beginning for children makes a difference. 

Minimum Wage - Education support staff should see wage increases over a three-year period.  HB1454 has passed both the House and Senate.  It is a done deal.  The bill increases minimum wages to $7.25 by 2009, contingent on a federal minimum wage increase.
 
Access to Higher Education - Several bills were introduced to provide loan reduction, tax credits, and lower interest rates for college students.  Over a period of years, SB2347 would provide full tuition grants with eligibility based on ACT scores.  HB1249 provides loan forgiveness for individuals who teach at grade levels or content areas deemed to be teacher shortage areas.

Paying Teachers Off Schedule - Although NDEA said school districts would not have a problem finding teachers if salaries for the profession were better, the House passed HB1177 that allows school boards to pay additional salary for positions necessary for school approval. 

Education Support Staff Bargaining - Once again, the legislature said "no" to allowing political subdivision and state employees to bargain.  If passed, SB2267 would have provided bargaining rights to education support professionals.  This concept will be introduced again next session.  NDEA believes all school employees should have bargaining rights.

Reorganization Hiring - SB2227 required reorganization school boards to first offer contracts for available positions to teachers involved in the districts that are reorganizing.  The bill was defeated, but a resolution, SCR 4030, has been introduced to study reorganization issues, including effects on teachers.
 

Great Public Schools are a Basic Right

North Dakota Education Association, PO Box 5005, Bismarck ND 58502-5005
Phone 701.223.0450 Fax 701.224.8535 www.ndea.org

Week of February 19 – 23, 2007

HOUSE EDUCATION COMMITTEE – PIONEER ROOM

SENATE EDUCATION COMMITTEE – MISSOURI RIVER ROOM

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• PDF file (374) 

2007 LEGISLATURE EDUCATION BILLS

North Dakota Education Association, PO Box 5005, Bismarck ND 58502-5005
Phone 701.223.0450    Fax 701.224.8535    www.ndea.org

2/15/07

Note: Bills are described as first introduced

Abbreviations:  L = Legislative Report  /  Cm = Committee  /  H = House   /  S = Senate  / DP = Do Pass Recommendation / DNP = Do Not Pass Recommendation / Am = Amended /   Cf = Conference Committee / P = Pass  /  F = Fail  /  FV = Final Vote After Conference Committee Action

Committees: AG = Agriculture / AP = Appropriations / ED = Education / FT = Finance and Taxation / GV = Government and Veterans Affairs / HS = Human Services / IB = Industry, Business and Labor / JU = Judiciary / NR = Natural Resources / PS = Political Subdivisions / TR = Transportation

HOUSE BILLS

SENATE BILLS

Download:

• PDF file (722K) 

NDEA 2007 LEGISLATIVE REPORT

North Dakota Education Association, PO Box 5005, Bismarck ND 58502-5005
Phone 701.223.0450 Fax 701.224.8535 www.ndea.org

Issue 6: February 8, 2007

Investing in Public Education

SB2227 – Employment of Teachers in Reorganizing School Districts

SB2227 requires the board of a reorganized district to offer contracts of employment to teachers employed in the districts that are reorganizing unless the position currently held by the teacher will not be staffed in the reorganized district or unless the performance of the teacher is not what it should be.

The bill means that the board of a reorganization would have to "nonrenew" teachers that will not have positions in the new reorganized district. These teachers would have a right know the reasons and a right to a hearing. If there are simply more teachers than jobs, the bill does not tell boards how to determine which teacher(s) get those jobs. We believe that is still a local decision to be negotiated like regular Reduction In Force (RIF) policies are negotiated. If the reorganization board believes a teacher’s performance is not what it should be, then the teacher should know the reasons and be entitled to a cause nonrenewal hearing.

In the history of reorganizations, all new districts have hired from within—except New Rockford-Sheyenne. In that reorganization, several teachers were not offered positions in the new district, but there were jobs for them. The reorganization board advertised those positions and filled them with other teachers. The New Rockford and Sheyenne teachers who didn’t get jobs were not informed of the reasons why. They all had good evaluations.

The New Rockford-Sheyenne reorganization board did not violate any law; however, their actions affected the lives of many individuals. Students and parents wondered why long-time teachers were let go. Students picketed the school. Community members came to board meetings, but the board did not have to inform anyone about the reason(s) behind their decisions.

We know reorganized districts make decisions about curriculum and positions. Reorganizations frequently expand curriculum opportunities for students, and that is good. Sometimes the curriculum is different from what has been available previously in the districts involved in the reorganization. SB2200 does not mandate a reorganization board to hire every teacher, it only mandates that if the board is not going to hire a current teacher, then the board must notify the teacher of the reasons by April 15 and give the teacher a right to a hearing. This is the decent thing to do.

Members – You are urged to contact the Senate Education Committee and your Senators immediately and ask them to support SB2227.

Great Public Schools are a Basic Right

NEXT WEEK – CROSSOVER
SB2013 AND SB2200 – EDUCATION FUNDING

Next week there will be few committee hearings. Friday, February 16, is "crossover." This is the date when the legislature has to finish with bills in the house of origin, and most of the committees have finished their work. Thus, you will see legislators putting in long hours on the floor making decisions to pass bills on to the next chamber or defeat them.

This is the time when the Appropriations Committees are gathering all the money bills and determining what should be funded. The Appropriations Committees are putting in long hours. Even though the state anticipates a huge ending balance, it is necessary to save some of it. The Appropriations Committees are getting lots of pressure from citizens and state agencies to increase funding for various worthwhile programs—education included.

By the end of Friday, February 16, the Senate will vote on SB2013 and SB2200, the main education bills. Will the Senate Appropriations Committee fund the bills as presented, decrease funding, or increase funding? Whatever they do, will be done shortly. Then the full Senate will vote on the bills.

The Senate has some privileges not available to the House. Senators can propose amendments on the floor. We anticipate this will happen. At this time, we do not know when the two education bills will get to the Senate floor. We will send out a NDEA Cyberline and an email message to Local Presidents when we know.

Certainly members have opinions about the proposed funding formula. There are things to like and dislike about the bill as it is at this time. Members should contact their Senators about these bills. But, please remember, the Senate decisions on these bills are not final because the bills will be reviewed again by the House.

The House Appropriations Committee will be scheduling a full hearing on SB2013, the DPU budget bill, and the House Education Committee will schedule a full hearing on SB2200, the funding formula bill. NDEA will notify you when those hearings are scheduled.

When the House and Senate finish their work next Friday, they will take a break. They will not be in session Monday and Tuesday, February 19 and 20.

HB1441 – EDUCATION FUNDING AND PROPERTY TAX RELIEF

$195 million for education. Wow! That would have been incredible. Think what could have been done for students and taxpayers with that kind of an increase in state funding. Alas, it is not going to happen. The majority of legislators are sticking to equity and are not willing to do anything more to improve adequacy—even when there is a huge projected ending balance.

The House defeated HB1441 33/59 on a straight party-line vote. The bill would have provided $195 million for education with up to 30 percent allowable for property tax relief.

HB1107 – STATE MILEAGE REIMBURSEMENT RATE

Many school districts reimburse employees at the state mileage rate. There is a real possibility the rate will be increased from 37.5 cents per mile to 45 cents per mile. HB1107 has been given a Do Pass recommendation. The bill is now with the House AP Committee.

HB1478 – TAX CREDITS FOR CONTRIBUTIONS TO NON-PUBLIC SCHOOLS

Once again, the Legislature has said "no" to diverting public dollars to help fund non-public schools. The House defeated HB1478 on a vote of 31/61. The bill would have provided tax credits of $250 to $500 for contributions made to non-public schools.

SB2267 – COLLECTIVE BARGAINING RIGHTS FOR ESP

The Senate Political Subdivision Committee debated the pros and cons of granting collective bargaining rights to state employees and employees of political subdivisions, which would have included education support professionals. Ultimately, the number of those who simply do not want to extend bargaining rights won. The Committee debate over the pros and cons of collective bargaining ended with a 3/2 Do Not Pass recommendation, and the 2007 Legislature once again said "no" to collective bargaining. The Senate defeated the bill 14/31.

Here is how your Senators voted on the bill when it came to the Senate floor:

YEAS: Anderson; Bakke; Behm; Fiebiger; Heitkamp; Horne; Mathern; Nelson; O'Connell; Pomeroy; Potter; Seymour; Triplett; Warner

NAYS: Andrist; Bowman; Christmann; Cook; Dever; Erbele; Fischer; Flakoll; Freborg; Grindberg; Hacker; Holmberg; Kilzer; Klein; Krauter; Krebsbach; Lee, G.; Lee, J.; Lindaas; Lyson; Marcellais; Nething; Oehlke; Olafson; Robinson; Stenehjem; Taylor; Tollefson; Urlacher; Wanzek; Wardner

ABSENT AND NOT VOTING: Heckaman; Tallackson

BUDGET FORECAST

On Tuesday, February 6, legislators heard an updated budget forecast. The news is even better than the November projection. This February projection includes an additional $6 million in revenue with projected budget reserves of $420,296,115. Of course, there are many bills proposed to spend that money.

At the end of the 2003-05 biennium, the ending balance was about $68 million. No one knows for sure how much of the $426 million this legislature will spend, certainly not all of it. Education will get a fair share, currently $80.5 million in SB2200, plus additional money in some other bills. State employees will receive well-deserved raises of 4 percent each year of the biennium. Corrections will get something to either build or renovate the prison. Other departments are also looking at revenue for special projects.

We are nearing the half-way point in the legislature. The two Appropriations Committees are reviewing all the bill requests, and then the bills get passed to the other chamber when the process starts all over. It usually ends with compromise worked out by conference committees at the end of the session.

HB1451 – CARBONATED BEVERAGES

In its original form, HB1451 prohibited schools from selling carbonated beverages in elementary or middle schools. The House ED Committee heard testimony on the bill January 24. Many people spoke about the importance of healthy beverages. The Committee decided to re-work the bill and amended it to say that at the expiration of all current contracts, new contracts must meet or exceed the 2006 school beverage criteria established by the American Beverage Association and national industry leaders for school vending. This directive includes cafeteria sales, vending machine sales, and concession sales except those occurring outside the regular school day. The amended bill then received an 11/0 Do Pass recommendation.

HB1169 – STATE SUPERINTENDENT QUALIFICATIONS

As we have seen in previous legislative sessions, HB1169 removes the requirement for the State Superintendent to hold a teacher license. NDEA believes it is important for the State Superintendent to have an education degree and teaching background. NDEA opposed the bill.

The House Education Committee heard testimony on the bill January 24 but waited until February 7 to take action. Committee members were informed that North Dakota is one of two states that require their state superintendent have a teacher license. Some Committee members felt there is value in the ability of the State Superintendent to go into a classroom and teach. The first Do Pass motion failed 5/6. The Committee voted again later in the day, and the Do Pass motion carried 7/5. Thus, the Committee recommendation is to eliminate the requirement for the State Superintendent to have a teacher license.

SB2046 – TFFR BILL

We are half way to a tiered TFFR system. The Senate voted 36/11 to approve SB2046. The bill creates a special tier for new people entering the profession. These Tier Two members will have a five-year vesting period with a rule of 90. Current members will be considered Tier One members, and there are no changes in retirement calculations or benefits. Those who re-enter the profession after they have taken a refund will be considered Tier Two members. The bill also increases the employer contribution to 8.75 percent. The bill now goes to the House GV Committee where discussion will begin again.

SB2279 – SPECIAL EDUCATION FUNDING

An additional $57 million for special education? Not this time. SB2279 would have brought reimbursement for special education costs to 35 percent and 40 percent over the biennium. We all know the federal government has not provided the funds it promised, and local school districts made to make up the difference between the lack of federal funding and insufficient state funding. Currently the state covers about 22 percent of the cost. The bill would have provided much needed revenue for special education. Unfortunately, a majority of Senators were unwilling to do that. The bill was defeated 20/24 on a straight party-line vote.

SB2354 – PHYSICAL EDUCATION REQUIREMENTS

It looks like students will have more opportunity to participate in physical education classes. The Senate Education committee gave SB2354 a Do Pass recommendation. The bill requires school districts to increase their physical education classes to one-half unit every year, and once every four years, the unit must be a concept-based fitness class that includes instruction in the assessment, improvement, and maintenance of personal fitness.

HB1372 – TEACHER MENTORING PROGRAMS

In its original form, HB1372 appropriated $250,000 to establish a grant program for teacher mentoring. NDEA testified that mentor programs provide valuable support for beginning teachers and often are the determining factor in whether a beginning teacher continues in the profession. Unfortunately the House Education Committee turned this bill into a request for the Legislative Council to study the feasibility and desirability of state support for teacher mentor programs, and the House approved the bill.

Rather than making a decision about teacher mentor programs now, the action of the Committee and House likely delays implementation of teacher mentor programs for an additional two years – unless a different decision is made when the bill is processed through the Senate Education Committee and the Senate.

SB2287- TEACHER LICENSES

The Senate Education Committee heard testimony today on SB2287. The bill would have allowed ESPB to take action if a teacher accepted a position for which the individual was not qualified and action against an administrator who made such an assignment. With so many changes in "highly qualified" still happening, it is premature to consider this. However, the Committee amended the bill to allow ESPB to take action only if the individual "knowingly" accepted a position or assigned someone to a position. Now, one will have to prove whether the individual actually "knew" the assignment was one for which the teacher was not highly qualified. The amended bill got a 3/2 Do Pass recommendation, and the Senate passed the bill. The bill now goes to the House Education Committee.

SB2372 – TAX CREDIT FOR PURCHASE OF CLASSROOM MATERIALS

It is not likely teachers or any education employees will be able to take a tax credit for unreimbursed classroom materials. The Senate Finance and Taxation Committee gave SB2372 a Do Not Pass recommendation. NDEA provided information from members who had sent email messages to NDEA about what they spend on their students. Responses came from all over the state and were from elementary and secondary teachers in all curricular areas. NDEA testified that since this legislature seemed to be concentrating in equity, passing this bill would be a small step towards adequacy.

The bill had a $3.2 million estimated cost for over 6,900 teachers, but during Committee discussion, no Committee members actually cited the cost as why they had reservations about the bill. Instead, they felt a tax credit of $250 might give school districts another excuse not to provide sufficient classroom budgets. They also wondered if educators bought what was actually needed vs. what they might like to have. They were not sure how to define "classroom supplies" and weren’t sure how to verify the expenses were for items actually used in the classroom. Ultimately, the bill got a 6/1 Do Not Pass recommendation. Senator Horne voted in favor of the bill in Committee.

Here is how your Senators voted on the bill when it came to the Senate floor:

YEAS: Bakke; Fiebiger; Heitkamp; Horne; Krauter; Marcellais; Mathern; Nelson; O'Connell; Potter; Robinson; Seymour; Taylor

NAYS: Anderson; Andrist; Behm; Bowman; Christmann; Cook; Dever; Erbele; Fischer; Flakoll; Freborg; Grindberg; Hacker; Holmberg; Kilzer; Klein; Krebsbach; Lee, G.; Lee, J.; Lindaas; Lyson; Nething; Oehlke; Olafson; Pomeroy; Stenehjem; Tollefson; Triplett; Urlacher; Wanzek; Wardner; Warner

ABSENT AND NOT VOTING: Heckaman; Tallackson

Some NDEA members who responded to the request for information identified items they had purchased. If you are curious, here is a list of items members cited in their email messages: books, supplies, posters, classroom materials, CDs, music, rewards, awards, batteries, tape, paper, pencils, markers, treats, printed paper, incentives, magazines, reading materials, cooking supplies, gifts, bulletin board materials, lined paper, games, chairs, professional resources, props for performances, erasers, glue sticks, manipulatives, art supplies, crayons, balls, Kleenex, hand lotion, mittens, model rockets, holiday party supplies, videos, DVDs, book shelves, office supplies, ink cartridges, cleaning supplies, and a microwave oven.

HB1194 – TRACKING STUDENTS

The House defeated HB1194 on a vote of 32/59. The bill would have placed kids into a tracking system of Basic, Standard, or Advanced courses with diplomas reflecting the track. The bill also stipulated which courses would be in each track. The House agreed with the House Education Committee that this state is not yet ready for something like this.

HB1491 –Electronic Course DELIVERY

Many students take on-line courses. In its original form, HB1491 directed school districts to accept credit for these courses if the courses meet or exceed the content standards of this state and if the courses are taught by licensed teachers in the state in which the courses originate. The House ED Committee heard testimony on the bill January 23. They liked the concepts in the bill, but they re-worked it extensively.

The bill now requires DPI approval for any electronic course delivery. DPI approval is contingent on the course being aligned with ND state content and performance standards, and the course must be sufficiently challenging for students, given the grade level at which it is offered. All teachers involved in delivery of the course must meet or exceed licensure and qualification requirements of the state in which the course originates. And, all students must have ongoing contact time with the teacher of the course. The Committee set the effective date for this bill as July 1, 2009. The amended bill received a Do Pass recommendation.

SB2385 – SCHOOL NURSING PROGRAM GRANTS

We won’t know until next week whether there will be some money for school nursing program grants. The Senate Human Services Committee gave the bill a Do Pass recommendation, but they cut the appropriation down to $1 million. The bill is now with the Senate Appropriations Committee where a hearing is scheduled for February 12.

NEW BILL LISTING

Only one new bill was added to NDEA’s list in the last week. NDEA members should refer to the Bill Updates Report on the website for descriptions of all bills, and members should go to the Legislative Website for the complete text of bills. Here is the new bill.

Resolutions and Constitutional Amendments

• HCR3045    Healthy lifestyles for children

LEGISLATIVE INFORMATION AND CONTACTING LEGISLATORS

Through the Internet, you can access much information about the legislature on the main legislative website www.legis.nd.gov . You are encouraged to go to this site and explore it. Below are step-by-step instructions for how to access some of the information. We suggest you bookmark these specific pages or save them on your desktop for quick easy access.

EMAIL YOUR CONGRESSMEN AND/OR LEGISLATORS

It is important for education employees to contact legislators and congressmen about education issues. Here is how to send an email message to them.

1. www.ndea.org
2. Select "Legislative News" on left side
3. Select "Contact your congressional team & state legislators" on right side
4. Enter your zip code
5. Scroll down and enter your street address
   Now you have all your elected officials for congress and your legislative district.
6. Save this!
   To save on desktop: File – Send – Shortcut to Desktop
   To save as a favorite: Favorites – Add to favorites
7. Select name

NORTH DAKOTA CENTURY CODE

Many bills include references to sections of North Dakota Century Code. Here is how find NDCC.

1. www.legis.nd.gov
2. Choose "Century Code" under "Laws and Constitution" on left side
3. Save this!
4. Scroll down and you will see a list of all the chapters

Note: 15.1 is school code

BILL STATUS, VERSIONS OF BILLS, FISCAL INFORMATION, AND VOTE RECORDS

NDEA’s legislative information includes a list of education related bills NDEA is tracking and the status of those bills. Out website also updates with descriptions of the bill and committee/floor action. The ND legislative website will have complete text of all versions of bills and amendments. The fiscal notes tell you what the cost of the bill is to the state, school districts, and/or other political subdivisions. This is also where you can find out how your legislator voted on each bill.

1. www.legis.nd.gov
2. Choose "House and Senate Bills" on right side
3. Choose "Bill Status Inquiry" on right side
4. Save this!
   
5. To check on status of bill or vote record, enter the number of the bill in the "Status" box
6. Select House or Senate Journal number on the right side to see how your legislator voted

OR

5. To follow bill versions and the fiscal note, enter the number of the bill in the "Versions" box
6. Select the version or fiscal note you want to see

COMMITTEE HEARING SCHEDULE

Committee hearing schedules for the following week are available late Thursday night on the Internet. Here is how to find those schedules.

1. www.legis.nd.gov
2. Choose "Committee Hearings" on right side
3. Save this!

Download:

• PDF file (216K) 

2007 LEGISLATURE BILL UPDATES

North Dakota Education Association, PO Box 5005, Bismarck ND 58502-5005
Phone 701.223.0450    Fax 701.224.8535    www.ndea.org

February 15, 2007

This update includes brief descriptions and updates on the status of many bills.  Following the first posting of this report, bills with updates will be marked with asterisks (***) preceding the bill number.

You are encouraged to read the full text of bills or print copies of bills using the Internet.   Go to:  www.legis.nd.gov. On this site, you can read bills, check schedules, and check the journals to find out how your legislator voted, etc.

Committee Abbreviations:   AG = Agriculture / AP = Appropriations / ED = Education / FT = Finance and Taxation /  GV = Government and Veterans Affairs / HS = Human Services / IB = Industry, Business and Labor / JU = Judiciary / NR = Natural Resources / PS = Political Subdivisions / TR = Transportation

Bill Categories:   Funding Bills, Taxes and Economic Development, Teaching and Students, Employee Rights, TFFR Retirement, Education Support Professionals, SNDEA, Joint Powers Agreements and School District  Organization, Resolutions and Constitutional Amendments, Other

Download:

• PDF file (1,006K) 

2007 LEGISLATURE EDUCATION BILLS

North Dakota Education Association, PO Box 5005, Bismarck ND 58502-5005
Phone 701.223.0450    Fax 701.224.8535    www.ndea.org

2/08/07

Note: Bills are described as first introduced

Abbreviations:  L = Legislative Report  /  Cm = Committee  /  H = House   /  S = Senate  / DP = Do Pass Recommendation / DNP = Do Not Pass Recommendation / Am = Amended /   Cf = Conference Committee / P = Pass  /  F = Fail  /  FV = Final Vote After Conference Committee Action

Committees: AG = Agriculture / AP = Appropriations / ED = Education / FT = Finance and Taxation / GV = Government and Veterans Affairs / HS = Human Services / IB = Industry, Business and Labor / JU = Judiciary / NR = Natural Resources / PS = Political Subdivisions / TR = Transportation

HOUSE BILLS