LEGISLATIVE NEWSLETTER

March 27, 2009

Education Bills Go To Appropriations

Senate Appropriations held a hearing on HB1400 this week. NDSBA, NDCEL, and several superintendents provided testimony in opposition to the use of federal stimulus money in lieu of foundation aid to fund requirements in HB1400 including teacher salaries. The committee appeared to agree that the distribution formula and requirements for use of this federal money do not fit well as a substitute for foundation aid.

NDSBA and NDCEL met with Lt. Governor Dalrymple on Thursday at which time he indicated uses of the federal money do not appear as flexible as originally thought and that any savings to the state budget realized from use of federal money will be significantly less than the $63 million once suggested. This was welcome news and reinforces what NDSBA had been saying for quite some time.

The Senate Appropriations Education Subcommittee met Thursday to discuss HB1013 (DPI budget) and HB1400. It appears, from their discussion, the only portion of school funding they may replace with federal money would be $11 million budgeted to fund the new “at-risk” factor in the formula. The computation of that factor would have been made on a poverty count similar to the formula for distribution of federal stabilization money to schools. The “at-risk” factor in the foundation aid formula would be delayed until 2011-2013. This is the one area of the proposed school funding budget that fits fairly well with the federal distribution plan and can probably be supported.

The subcommittee will be considering HB1400 next week. Senator Bakke, who sits on the Senate Education Committee, submitted a proposed amendment to the Appropriations Committee that would restore the Pre-K language and funding to the bill. In addition, the Lt. Governor submitted a list of items changed or removed from HB1400 by Senate Education that he would like the subcommittee to consider restoring, including early dismissal days for professional development and ELL testing levels. Some Appropriations Committee members also want to consider increasing transportation funding.

NDSBA provided testimony on two other bills this week. We supported HCR3058 which is a proposed constitutional amendment that would cap growth of the Foundation Aid Stabilization Fund but allow the excess to go to the Common Schools Trust Fund so schools could benefit from the money. It also would allow the Governor to access the Stabilization Fund to pay out statutory per pupil payments when inaccurate enrollment projections would otherwise cause foundation aid shortfalls to schools—such as the $5 million projected shortfall this year. We believe flexibility in use of the stabilization fund is important.

HB1171 eliminates qualifications for home schools as well as monitoring of home schools by school districts. NDSBA has a long-standing policy opposing any further relaxation of regulations and accountability for home school programs. We testified that North Dakota’s compulsory attendance law requires children to attend an approved school. School approval for home schools must maintain some level of regulation and accountability or the compulsory attendance law becomes meaningless for these students.

The legislature (other than Senate Appropriations) was not in session Thursday and Friday because many legislators needed to return home due to flooding in many communities. Hearings are complete and bills have either been placed on the calendar for a vote or sent to Appropriations. Conference committees should begin meeting next week.

Since the legislature did not meet two days this week the 80th day deadline has been changed from April 30 to May 2 and could possibly be even later if flooding causes cancellation of more session days.

Go to bill tracking for up-to-date status of bills.

Please continue conversations with your legislators regarding potential impacts of pending bills as we move into the final lap of this Session.

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