| NCSA Legislative Positions |
January 28, 2010
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The NCSA Legislative Committee met to discuss legislation introduced in the 2010 Session. The committee, chaired by Dr. Keith Lutz, took positions on the bills listed below. It should be noted that NCSA will monitor and will act, as necessary, on over 100 newly introduced and carryover bills. The committee understands that a number of bills have the potential to impact public education and will respond to legislative activity whether at the hearing or floor debate stages. Just because a bill is not listed below does not mean that nothing is being done to communicate concerns or issues to lawmakers about specific provisions in pieces of legislation. This communication effort is ongoing and continuous throughout the legislative session.
LB 697 (Pahls): This bill would prohibit the use of wireless communication devices on school buses. NCSA supports efforts to prevent texting by school bus drivers although it appears a new federal regulation has already addressed that issue. We can support the bill so long as proper language is added that would permit a bus driver to use a cell phone for appropriate communication with the school district officials (dispatch communication).
LB 898 (Haar): This bill would create the Student Expression Act. We oppose this measure and do not intend to negotiate on a compromise.
LB 899 (Nordquist): This bill would preserve roughly $7 million in General Funds currently earmarked for the three state defined benefit plans (School employees, State Patrol, and Judges) along with the Omaha Public Schools retirement plan. We believe these funds should remain as committed funds to these retirement plans.
LB 966 (Pahls): This bill would require each school district to budget at least 65% of all expenditures toward the classroom. We believe this bill unnecessarily infringes on a school board’s prerogative to budget as it deems most appropriate. We oppose this bill.
LB 1006 (Adams): This bill would change the kindergarten enrollment date to July 31st as per one of the recommendations in a recent interim study conducted by the Education Committee. NCSA will support this measure.
LB 1021 (Avery): This bill would impose multiple requirements upon the Nebraska School Activities Association (NSAA). We will oppose this measure.
LB 1028 (Louden): This bill would permit the creation of charter schools. We oppose this measure.
LB 1069 (Adams): This bill would provide needed technical and substantive changes to the laws governing the Educational Service Units Coordinating Council (ESUCC). We support this measure.
LB 1095 (Lathrop): This bill would change distribution of core service funds so that ESUs within a learning community receive the funds they would otherwise receive if they were not located within a learning community. The ESUCC supports this legislation and so does NCSA.
| NCSA Legislative Bill Summaries |
January 31, 2010
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Compositive Document (updatd 1-31-2010)
Download PDF
| Hearing Held for Braille Instruction Bill |
January 19, 2010
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Today the Education Committee heard public comment on LB 754, introduced by Senator Giese, to essentially make Braille instruction “the default” for blind or visually impaired students unless members of the child’s IEP team determine such instruction is not appropriate.
Jane Byers, Special Services Coordinator for Papillion-LaVista Public Schools, testified against the bill and reminded the committee that the contents of LB 754 essentially represent current practice under Rule 51. She also noted the considerable problem among Nebraska schools in finding and maintaining special education instructional staff, a fact not mentioned by supporters of the legislation.
The Education Committee took no action on LB 754 today and the bill remains held in committee.
| Bill Aimed Partially at Administrative Costs |
January 19, 2010
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Senator Rich Pahls of Omaha has introduced another bill (LB 966) to limit, ostensibly, the amount a district expends on administration. LB 966 creates the Classroom Educational Expenditure Act. The bill represents a second attempt by Senator Pahls at relatively the same idea. The first such attempt was made in 2009 under LB 240, which remains held in the Education Committee.
LB 966 states that no public school district may spend less than 65% of its total operating expenditures on “direct classroom instruction” in any consecutive three-year period (based on the school fiscal year). Any district failing to meet this requirement is not eligible for accreditation.
The bill defines direct classroom instruction as the amount of funds expended by a district related to:
- Regular instructional programs;
- English language learners’ instructional programs;
- poverty programs;
- early childhood education programs; and
- special education instructional programs.
The items specifically not considered direct classroom instruction include amounts expended by a district related to:
- Support services for pupils;
- support services for safety and security;
- regular pupil transportation;
- school-age special education pupil transportation;
- support services for staff;
- support services for school improvement;
- support services for implementation of standards;
- the school board or board of education and its members;
- executive administration services;
- general administration business services;
- acquisition and maintenance for vehicles other than pupil transportation vehicles;
- any principal or his or her office;
- maintenance and operation of building and sites;
- any federal programs or funds received or expended;
- categorical grants from corporations and other private interests;
- community services;
- state categorical programs;
- debt service;
- summer school;
- adult education; and
- transfers of funds.
LB 966 defines “total operating expenditures” as the amount of funds expended by a district related to all items included as direct classroom instruction plus all those items not included as direct classroom instruction.
While LB 966 contains an operative date of September 1, 2013, the bill specifically includes school fiscal years 2011-12 and 2012-13 in the three-year requirement described above.
| Senators reject student allergy plan requirements |
January 11, 2010
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LB 72, introduced by Bellevue Sen. Abbie Cornett, would have required the state Department of Education, in consultation with the state Department of Health and Human Services, to develop and make available policy guidelines for the management of students with life-threatening allergies.
The policy would have included annual education and training for school personnel on management of students with life-threatening allergies, procedures for maintaining a file for each student at risk for anaphylaxis and strategies to reduce the risk of exposure to anaphylactic causative agents in schools. Anaphylaxis, Cornett explained, is a serious immune response that occurs as a reaction to an allergy.
Acknowledging the current fiscal situation of the state, Cornett said the proposal was worth the $46,000 cost associated with it. “If we can save one child’s life with that amount,” she said, “we are justified.”
Under an Education Committee amendment, adopted 29-0, Educational Service Units would also be required to adhere to guidelines outlined in the bill. The amendment also removed an indoor air quality requirement.
A provision relating to immunity from civil liability was removed from the committee amendment by a floor amendment, adopted 30-1, offered by Omaha Sen. Steve Lathrop.
Opposition to the bill centered on its fiscal impact. While he acknowledged the importance of the proposal, Omaha Sen. Scott Lautenbaugh cautioned senators to be wary of any additional costs. “I wish I could tell you that $40,000 isn’t a lot of money,” he said. “Every dollar counts.”
Papillion Sen. Tim Gay said many school districts already have allergy policies in place. Calling the bill an “unfunded mandate,” he also questioned whether schools that didn’t have one could afford to enact a policy.
LB 72 failed to advance on a vote of 21-27.
Commissioner Breed Presents RTTT Application to State Board
 On January 6th Commissioner of Education, Dr. Roger Breed, presented to the State Board of Education Nebraska's official draft application for the Race To The Top (RTTT) Grant Program. The Nebraska application, entitled, “Bright Future for Nebraska Students Initiative," is designed to provide “sustainable and systemic changes in the state education system that will result in higher levels of achievement for Nebraska public school students, a clear reduction in learning gaps, and increased graduation and college going rates.”
The State Board voted 6-2 to authorize Commissioner Breed to sign the application on behalf of NDE. The RTTT application is due January 19th and first-round awards will be notified in April.
Bill Introduction Continues
January 7, 2010
 Lawmakers reconvened January 7 for a second day of bill introduction.
New bills may be introduced for the first 10 legislative days, or until January 21. Senators will begin general file and select file consideration of bills carried over from 2009 on January 11.
Live coverage of the legislative session is provided at www.NebraskaLegislature.gov where citizens also may find information on bills, the legislative calendar and Nebraska state senators.
Gov. Dave Heineman’s State of the State address is scheduled for January 14, and committee hearings are scheduled to begin on January 19 and continue through the end of February.
The session will last 60 legislative days and is tentatively scheduled to adjourn April 14.
Legislature Convenes
January 6, 2010
The 101st Legislature, Second Session, convened on January 6, 2010 at 10:00 a.m. (CT). Eighty-five new bills and resolutions were introduced on the first day of the session. Short (60-day) sessions typically see the introduction of between 500 and 600 measures. Bill introduction will continue through January 21st, the 10th day of the Legislative Session.
 One of the first bills to be introduced in the 2010 Session was LB 697, offered by Senator Rich Pahls of Omaha, to prohibit the operator of a school bus, including any school bus that transports pupils by direct contract with the students or their parents, from use of any type of interactive wireless communication device whenever the vehicle is in motion. The bill does not apply to use of any dispatch communication device.
Senator Pahls is concerned in part about reports of bus drivers texting while transporting students.
ARRA and Education Reform:
What the Stimulus can tell Us about ESEA Reauthorization  Presentation by Mary Kusler, AASA Government Relations December 17, 2009 Download |
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