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HomeMy WebLinkAboutSchool Bd Leg Pos Paper 1999Enclosure 1 Albemarle County School Board Legislative Position Paper 1999 General Assembly Session Albemarle County School Board Summary of Legislative Position Paper 1999 General Assembly Session Funding and Revenue Zssues Alternative Education Programs (Support) Block Grants for Remediation Funding (Support) Changes to Composite Index (SupporO Financing of School Construction, Renovation, and Debt Service (SupporO Instructional Technology Funding (SupporO Opposition to Unfunded Mandates (Support) Opposition to Vouchers and Tax Credits (SupporO School Resource Officers (SupporO State Funding for Four-Year-Old Programs (Support) Teacher Salary Increases (SupporO Governance Zssues Flexibility in Use of Additional Teaching Personnel (SupporO Local Authority on Suspension and Expulsion Policies (SupporO Local Control of Public School Calendar. (Support) Opposition to Binding Arbitration (SupporO Opposition to Changes in Current Charter Schools Law (SupporO Opposition to Mandated Intemet Use Policy (SupporO Opposition to Mandated Non-prescription Drug Policy (SupporO Opposition to Written Contracts with At-Will Employees (SupporO Part-Time Non-Public School Student Access (Support) Virginia Retirement System Accountability to Local School Boards (Support) Other Zssues Changes to Special EduCation Discipline Procedures (Monitor) ' Opposition to Changes in the Comprehensive Services Act (SupporO Opposition to Changes in the Compulsory Attendance Law (SupporO Opposition to Changes in the Freedom of Information Act (Support) Provisions Concerning Executive Sessions Requirement for Elementary School Guidance Counselors (SupporO School Board Representation on VHSL Executive Committee (SupporO LEGISLATIVE POSITION PAPER- ALBEMARLE COUNTY SCHOOLS 1999 GENERAL ASSEMBLY SESSION The purpose of this paper is to outline positions of the Albemarle County School Board regarding legislative issues to be considered during the 1999 Virginia General Assembly. The following process and resources will be utilized to prepare for, monitor, and respond to the coming legislative session: I. Resources The following organizations and contact persons will serve as resources: · Virginia School Boards Association (VSBA) (Mr. David Blount) · Virginia Congress of Parents and Teachers (Ms. Diane Seargent) · Virginia Association of School Superintendents (VASS) (Ms. Bet Neale) · Thomas Jefferson Planning District Commission (Ms. Bonnie Fronfelter) IL Staff Legislative Committee A staff legislative committee has been established to coordinate legislative efforts for the county and the school division. This committee includes Dr. Kevin Castner, Mr. Mark Trank, Mr. Frank Morgan, and Mrs. Diane Ippolito. Mr. Trank will also work directly with Ms. Roxanne White, Assistant County Executive, to coordinate efforts between local govemmem and the school division. IlL Activities The legislative process consists of three phases: the Pre-Session Phase, the Legislative Session Phase, and the Post-Session Phase. Specific activities for each phase will be as follows: Pre-Session Activities (August - December, 1998) · VASS Legislative Conference, October 15-17. · VSBA Delegate Assembly, November 19. · Development of a Draft Legislative Position Paper for the School Board to review on October 26. · School Board action on a Legislative Position Paper on November 9. At the same time, the Board of Supervisors will be developing a similar paper in conjunction with the Thomas Jefferson Planning District. · Meeting of the Board of Supervisors and the School Board with the local legislative delegation on November 23 to present the Legislative Position Papers of both bodies. This year's long General Assembly session will begin January 13, 1999 and will end February 27, 1999. A Reconvened Veto Session will be April 7, 1999 (usually a one-day session). A VSBA Legislative Conference is tentatively scheduled for February 8 and 9 but could be moved to February 11 and 12. Legislative Session Activities (January - April, 1999) Ms. White and Mr. Trank, assisted by Mr. Morgan and Mrs. Ippolito, will monitor information from the General Assembly through the aforementioned support groups. The school division legislative committee will provide input to the local delegation, as requested. The committee will also provide information to the School Board throughout the legislative session and will assist the Board in any involvement it wishes ro undertake during the session. Post-Session Activities (7~;ay- July, 1999) A summary of legislation affecting schools will be developed by the staff legislative committee for the School Board and staff. Mr. Trank will provide a summary of the legislative session for the SChool Board through a Thursday Letter. Necessary adjustments will also be made to policies and practices to comply with new legislation. 2 Funding and Revenue Issues · Alternative Education Programs · Block Grants for Remediation Funding · Changes to Composite Index · Financing of School Construction, Renovation, and Debt Service · Instructional Technology Funding · Opposition to Unfunded Mandates · Opposition to Vouchers and Tax Credits · School Resource Officers · State Funding for Four-Year-Old Programs · - Teacher Salary Increases Monitor * Support Oppose Alternative Education Programs Position Alternative education should be the joint responsibility of the local school board and the state. Localities should not be required to provide services to expelled or suspended students without state funding of such services. Control and governance of locally delivered alternative education programs should rest with the local school board. Rationale Although the General Assembly has established and provided a measure of state funding for several regional programs that provide alternative education options for students who have violated policies related to weapons, alcohol, drugs, or intentional injm3r to another person and who have been suspended long-term or expelled for these offenses, the number of students requiring such services far exceeds the capacity of these regional programs. Therefore, localities have had to absorb the costs for alternative programs, if they are offered at all. In spite of pressing needs in this area, the Albemarle County Schools have only been able to provide a limited degree of alternative education options, including Project Return II, limited space (2) in the program offered by the Charlottesville City Schools, and programs offered at some individual schools (such as CLIQUE at Walton Middle School). Middle and high school principals have identified alternative programs as a high-priority issue. 4 Monitor * Support Oppose Block Grants for Remediation Funding Position State funding for remediation should be provided to school divisions in a block rather than in individual categories, with local school divisions having the flexibility as to how these funds are allocated. Rationale For FY 1999-2000, a total of $236,910,041 in 19 differem categories is identified in the state education budget for remediation, at-risk, and related programs. (See Attachment A.) The block grant approach with flexibility for local school divisions as to use of this funding would promote both .efficiency and focus. 5 Att:achmen~ A Total, year I998 F'~s~/.Year I999 F'mcal Year ~00 3I% .6 ?/2~/98 Monitor Support Oppose Changes to Composite Index Position The Board supports Changes in the Code of Virginia that would change the formula for the Composite Index that accounts for land-use taxation programs and local construction costs provide a mechamsm for appealing decisions as to a locality's Composite Index. The Board supports the use of the Composite Index to determine the local share of educational funding. However, the rigidity of the formula is of concern in that some localities receive ability-to-pay ratings based on factors that cannot be tapped as revenue sources. The Board opposes any chan~e in the formula that results in cost-shifting to localities. Rationale The Composite Index is a calculation of local ability to pay based on local real. estate values, local adjusted gross income and total state adjusted gross income, local and state average daily membership, and taxable retail sales. The formula to determine this calculation has several significant flaws: It does not consider revenue-sharing agreements, such as the One that exists between Albemarle County and the City of Charlottesville, which decreaSe tax revenue that can be spent by the locality collecting it. · It does not recognize counties that utilize land-use value-assessment programs or local debt incurred for school construction and renovation costs. * Using local adjusted gross income as a factor penalizes localities with a concentration of wealthy Persons and no means by which to capture revenue for such income. · No consideration is made'form'rios of artificially high property values and lower- than-average gross incomes. * No state appeals process exists for localities to air such problems other than in extraordinaxy circumstances. 7 Monitor Suppor~ Oppose Financing of School Construction, Renovation, and Debt Service Position A permanent sustained funding source for school construction, renovation, and debt service should be found immediately, with the state conmbuting directly to local building and maintenance needs. Localities should be permitted to carry funds over for projects not completed or in the planning stages. Further, any formula utilized to allocate these funds to localities should not penalize those localities that have already made a significant investment in capital projects. (This language was added based on additional information received by staff since October 26.) Rationale Statewide, school construction and renovation needs totaling in excess of $3 billion have been identified. In Albemarle County, over $100 million m projects have been completed over the past ten (10) years., although approximately $1.5 million in maintenance proiects have been deferred until FY 2003-2004. Another $50 million in capital needs is projected over the next five years. Because of continued enrollment growth projections, local construction and renovation needs will remain critical. For this reason, Albemarle County should not be penalized for its previous significant investment for capital projects. While the General Assembly reco~m~ized construction and renovation needs to a limited degree in the current biennium, this support is in no way commensurate with the actual neec[ Monitor Support Oppose Instructional Technology Funding Position The state should reinstate predictable and secure funding for technology initiatives and maintain assistance for each year in the biennium. Funding for technology resources, which has been provided for the second year in the current biennium, needs to be provided by the state. Further, this funding needs to encompass not only hardware, software, and networking needs, but also staffing needs for technical support and training. Rationale The Board believes that educational technology is essential to providing a high- quality education for all studems. Further, the Standards of Learning mandate that students demonstrate specific technology competencies. However, technology requires a significant and ongoing investmem in hardware, software, mining, and technical support. Through'the Capital Improvement Program (CIP), Albemarle County has made a significant investment in this area. The Board believes that the state needs to continue and increase its financial leadership and commitmem to this area. This funding should include provision for positions to support and maintain hardware and software and for training. 9 Monitor * Support Oppose Opposition to Unfunded Mandates Position Localities should not be subiect to unfunded state mandates of any kind. Rationale The impact of unfunded mandates is significant, particularly in a county school system that is spending in excess of $1 million per year just to maintain programs as enrollment grows. In FY 1998-99, Albemarle County is spending over $1.3 million just to meet the requirements of the revised Standards of Accreditation. Unfunded mandates to school divisions are a gross inequity that hinder the ability to provide needed programs and services, This inequity_ is exacerbated by the fact that even when funding for a mandate is provided, it is only funded p.artiall¥, to a level adjusted for the Composite Index. 10 Monitor Support Oppose Opposition to Vouchers and Tax Credits Position The presem state policy which entities all children of the Commonwealth to a free public education should not be changed. Legislation which would provide entitlement to a monetary voucher or tax credit to choose a private or parochial alternative should not be adopted. Rationale At a time when new mandates have placed a greater financial burden on public schools, any strategy that would dilute existing revenue streams is ill advised. 11 Monitor Support Oppose School Resource Officers Position State funding should be provided for school resource officers. Such funding could be provided on an incentive or matching basis. Rationale Because of events in the nation over the past two years, the issue of school safety has come to the forefront. Schools are communities, and school resource officers serve schools in a way that is consistent with the larger concept of community_ policing. Further, School Resource Officers are a well-proven way to prevent problems before they occur. The Albemarle County School Division has worked closely with the Albemarle County Police Department to place full-time resource officers at all three comprehensive high schools and an additional officer to serve the five middle schools. This initiative has been for the most part at local expense. Additional state funding would allow the School Division to both maintain and increase these services. 12 Monitor * Suppor~ Oppose State Funding for Four-Year-Old Programs Position State funding to support expansion of Four-Year-Old Programs needs to be increased. Rationale The requirements of the Standards of Accreditation necessitate increased emphasis on the school-readiness of disadvantaged students. The Albemarle County School Division has utilized state funding for at-risk four-year-olds to implement the "Bright Stars" program as part of a partnership w/th local government. Federal Head Start programs have also been implem.ented in some schools. The Board strongly supports these programs and believes that the state should provide additional support for them. 13 Monitor Support Oppose Teacher Salary Increases Position The state education budget should provide funding to support teacher salary increases. Rationale The ability of local school boards to provide reasonable salary increases has been severely hampered by rising health insurance costs and the requirement to make additional prefunding payments to the Virginia Retirement System (VRS). Rising health insurance costs have also diverted funds from teacher salaries. The lack of competitive salaries is hindering teacher recruitment, especially in areas such as math, science, and special education, and also in the area of minority recruitment. In Albemarle County, the costs of maintaining and improving programs and services in the face of ongoing enrollment growth and other costs related to state mandates have prevented funds from being used for salaries. 14 Governance Issues · Flexibility in Use of Additional Teaching Personnel · Local Authority on Suspension and Expulsion Policies · Local Control of Public School Calendar · Opposition to Binding Arbitration · Opposition to Changes in Current Charter Schools Law · Opposition to Mandated Internet Use Policy · Opposition to Mandated Non-prescription Drug Policy · Opposition to Written Contracts with At-Will Employees · Part-Time Non-Public School Student Access · Virginia Retirement System (VRS) Accountability to Local School Boards 15 Monitor Support Oppose FleXibili ,ty in Use of Additional Teaching Personnel Position When additional funding is provided by the state for teachers and other instructional personnel, flexibility should be provided to the local school division as to how to use this funding. Rationale The Board believes that how additional funding for staff is used should be based on the needs of the given school division and its student population. School divisions should have latitude to try different approaches to using additional personnel; for example, using such staff to provide summer or extended-year services. A "one size fits alF' model is not an effective one in a state as diverse as Virgima. Further, flexibility in this area would help to alleviate space problems caused by additional staffing. 16 Monitor * Support Oppose Local Authority on Suspension and Expulsion Policies Position Local school divisions should retain all authority to establish policies for suspension and expulsion, within the framework of existing state and federal law and regulation. Rationale State and federal law and regulation already provide adequate procedural safeguards. Additional statutory control would be superfluous. 17 Monitor * Suppor~ Oppose Local Control of Public School Calendar Position Since the 1980s, The Code of Virginia has required public schools to open after Labor Day dnless a waiver is granted based on a local school division meeting specified conditions. The Albemarle County School Board supports legislation that would return control of the public school calendar to local school boards. Rationale The Board firmly believes that decisions on the School Division Calendar should be determined locally based on community needs and priorities. 18 Opposition to Binding Arbitration Monitor * Support Oppose Position A requirement for binding arbitration should not be added to the grievance procedure omlined in The Code of Virginia. Rationale Virginia law vests final author/tv concerning the g~rievance procedure with the local school board. The grievance procedure as it is currently structured provides more than adequate procedural safeguards. A requirement for binding arbitration would.be superfluous. 19 Monitor * Support Oppose Opposition to Changes in Current Charter Schools Law Position Legislation approved in 1998 allowing the establishmem of charter schools, which vested authority for these schools in the local school board, should not be changed. Rationale The local school board should retain final authority in this area. (The Albemarle County School Division is in the process of developing a local policy and regulations to provide a process for individuals or groups to apply to start a charter school.) 20 Monitor Support Oppose Opposition to Mandated Internet Use Policy Position The School Board opposes the imposition of state and federal requirements on local school boards regarding policies governing student access to the Intemet and the use of software or filtering or blocking technologies to restrict the availability of Intemet information. Rationale Decisions in this area, which have significant fiscal and instructional implications, properly belong to the local school board. Local school boards should have flexibilitw in developing policies on student use on the Intemet. Albemarle County currently has a strong policy governing this area. 21 Monitor Suppor~ Oppose Opposition to Mandated Non-prescription Drug Policy Position Any policy governing the use of non-prescription drugs should remain the purview of local school divisions. Rationale .Decisions in this area involve too many variables to make any over-arching statutory requirement feasible. 22 Monitor * Suppor~ Oppose Opposition.to Written Contracts with At-Will Employees Position Written contracts, to include written notice to offer, should not be required for full-time or part-time at-will employees such as bus drivers and custodians. Rationale Such a requiremem would limit local flexibility by giving property rights to an individual holding such a position. Further, existing policy provides adequate safeguards for such employees. 23 Monitor Support Oppose Part-Time Non-Public School Student Access Position Local school boards should have the authority to determine policies governing participation in school activities by non-public school students. Further, school divisions should receive prorated Average Daily Membership (ADM) funding for all such students, regardless of the course being taken. Rationale The Albemarle County School Division has been involved in a three-year pilot allowing access by non-public school students in specified areas on a space-available basis. Allowing non-public school students to participate in programs where space is available is appropriate; however, prorated ADM funding should be provided by the state for all such students, regardless of the course being taken 24 Monitor * Support Oppose Virginia Retirement System (VRS) Accountabili~ to Local School Boards Position, Legislation should be adopted requiring the Virginia Retirement System (¥RS) to provide local school boards and governing bodies with a copy of its annual audit report. Rationale Since FY 1995-96 the mandated VRS contribution has steadily increased, with increases projected to continue for several more years. The projected increase for FY 1999-2000 will be approximately 14.52%, which will translate into about a $500,000 increase for the Albemarle County Schools. These increases cause local, school boards to allot budget for retirement benefits that could have been spent on raises for employees. The VRS needs to be more accountable to localities that are bearing the brunt of these increases. 25 Other Issues · Changes to Special Education Discipline Procedures · Opposition to Changes in the Comprehensive Services Act · Opposition to Changes in the Compulsory Attendance Law · Opposition to Changes in the Freedom of Information Act Provisions Concerning Executive Sessions · Requirement for Elementary, School Guidance Counselors · School Board Representation on VHSL Executive Committee 26 Monitor Support Oppose Changes. to Special Education Discipline Procedures Position Legislation should not be adopted at this time that supports the decision of the Fourth U.S. Circuit in Virginia Department of Education v. Riley, removing restrictions on disciplining students and on withholding educational services to them when their behavior, unrelated to their disability, endangers themselves or others. Such legislation should be deferred pending full development of federal regulations for the June, 1997 Reauthorization of the Individuals with Disabilities Education Act (IDEA). Rationale The discipline issue is a major, point of contemion relative to the Reauthorizauon of IDEA. Given the fact that regulations for IDEA have not yet been completed, any legislation in this area would be premature. 27 Monitor Support Oppose Opposition to Changes in the Comprehensive Services Act Position The Comprehensive Services Act should not be revised to require greater participation by Family Assistance and Planning Teams (FAPT) in making decisions as to spec/al education placements. Rationale Local school divisions have the final legal and fiscal responsibility for providing an appropriate educational placement for students with disabilities. Although FAPT teams serve an important role in determimng the services that should be provided for children, the f'mal decision should remain with the school division. The local school division will ultimately be held legally accountable; therefore, the school division should have final authority in this area. 28 Monitor * Suppor~ Oppose Opposition to Changes in Compulsory Attendance Law Position The School Board does not support any change in the current Compulsory Attendance Law. Rationale Adequate work and other educational options do not currently exist for students who would leave school early under a chan~e in the current law. 29 Monitor Support Oppose Opposition to Changes in the Freedom of Information Act Provisions Concernin~ Executive Sessions Position Any legislation to change the Freedom of£nformation Act should maintain the integrity of student records and the privacy of sensitive material. Further, any such legislation should maintain the privacy of executive sessions whereto a personnel ~ssue, student discipline, or other sensitive information is being discussed - e.g., minutes of executive sessions should not be required by law. Rationale Confidentiality in these areas is essential to protecting the privacy fights of individuals. 30 Monitor Support Oppose Requirement for Elementary School Guidance Counselors Position Elementary school guidance counselors should be required and included in the mimmum requirements of the Standards of Accreditation. Currently, the Standards allow schools the option of having a counselor or of using this position for reading instruction. Rationale The Board believes that elementary guidance counselors play an extremely important role in the total elementary .school program and that schools should not have to choose between reading instruction and guidance. The Board has continued to require Albemarle County elementary schools to have guidance services. 31 Monitor Suppor~ Oppose School Board,Representation on VHSL Executive Committee Position School board member representation on the Virginia High School League (VHSL) Executive Committee should be increased from one to three. Rationale Many of the decisions made by the VHSL Executive Committee have profound impact on resource' needs of high schools. Given that school boards must ultimately make decisions as to resource allocation, increased school board member representation on the Executive Committee is both necessary and appropriate. 32