LEGISLATIVE NEWSLETTER

January 30, 2009

Board Members Need to be Involved

Last week we called your attention to a list of bills that threaten board authority with regard to everything from budgets to terminating contracted employees. Two more bills in that category have come to our attention.

SB 2320 GRANTS FULL COLLECTIVE BARGAINING RIGHTS TO ALL SCHOOL DISTRICT EMPLOYEES. NDSBA will vigorously oppose this expansion of bargaining rights. School districts are the only political subdivision required by law to bargain with any employees. It is also noteworthy that the state itself is NOT required to collectively bargain with its own public employees.

HB 1473 is another bill allowing for a vote on school budgets. This one requires a school board—at the time of adoption of its final budget for the current year—to adopt a “projected” budget for the next year. The board must publish the projected budget and then electors have 90 days to submit a petition to increase that budget by up to 10 percent or decrease it up to 5 percent. The question must go to a vote of the people and the district is bound by the vote. We explained to the committee that this just won’t work with school district budget cycles.

NDSBA needs your help!
Board members: Please contact your legislators immediately regarding these bills and those highlighted in the January 23 newsletter, which can found by clicking the “Past Issues” icon at the top of this page.

Highlights of this Week’s Hearings

The Governor’s Commission bill (HB1400) had a full-day hearing on Monday. Most of the time was devoted to explaining the lengthy bill. Many spoke favorably about the process taken by the Commission and the overall intent of the bill. Opposition testimony came from school counselors who object to the fact that career counselors would not need the same credentials as school counselors. Dakota Prairie School District was opposed to the bill because they do not feel it fits their district well. The Farm Bureau testified in opposition to the bill because of pre-school provisions, granting funds for mentors and instructional coaches, and generally spending more money. Regarding the formula, those receiving the minimum don’t think it’s enough, and those receiving the maximum think it is unfair they don’t receive all the formula allows.

HB1400 will be studied, pulled apart, amended, and put back together several times before a final product is approved. A summary of the bill and preliminary printouts can by found by going to our Home Page and choosing the “”Adequacy Study” Quick Click (on the right side).

NDSBA opposed HB1422 because it limits school boards to a maximum of 4 percent increase in dollars levied and limits taxable value on property to a maximum of 2 percent. This bill would remove “market value” from the computation of taxable value.

HB1347 was heard on Monday in House Judiciary. This bill would severely limit a school board’s ability to take positions on initiated and referred measures. NDSBA testified that we believe is the duty of elected school boards to evaluate and communicate potential effects of such measures. We believe that unless taxpayer money is being appropriated to support or oppose an issue, boards have every right to communicate their position on measures.

NDSBA supported HB1273 that provides grants for mentors and instructional coaches as part of comprehensive efforts for professional development. This was part of the Commission’s recommendation, but because it is grant money and not part of the formula, the issue was put in a separate bill.

HB1309 is the bill that requires North Dakota to join an Interstate Compact for Education of Military Students. There was excellent testimony from Minot and Grand Forks School Districts relating the exceptional working relationship they have with Air Base families and steps they take to assist military students to transition into a new school. NDSBA recognizes the difficulties these students face but believes North Dakota schools are addressing them. It was our suggestion to draft an Interim Study Resolution on the topic. This will allow time for a more comprehensive look at what is being done and also time to see how this Compact functions and the costs involved. We believe the House Education Committee will agree to amend the bill into a study.

Next Week at the Legislature

You may notice that next week’s hearing schedule is shorter. This is because all bills requiring money must be out of the originating committee and re-referred to the Appropriations Committee by February 5. Committees will be discussing the bills they have heard and voting a DO or DO NOT PASS recommendation.

NOW IS THE TIME TO START TALKING SERIOUSLY WITH YOUR LEGISLATORS. IF THEY DON’T HEAR FROM YOU, THEY WILL ASSUME YOU HAVE NO OBJECTION TO BILLS UNDER CONSIDERATION!

Everyone has access to bill topics and texts, hearing schedules, and bill status reports at the Legislature’s Web site. NDSBA’s Web site includes this weekly Legislative Newsletter, hearing schedules for the upcoming week, and the list of bills NDSBA is tracking. Updated information will be posted Thursday or Friday each week depending on when information becomes available.

ADDITIONAL INFORMATION:

ND State Web site: www.nd.gov

ND Legislative Information Web site: www.legis.nd.gov

Legislature Toll Free # 1-888-635-3447

Bismarck Legislative # 328-3373