April 17, 2014
No Action Yet on School Per Pupil Funding for FY 2016
Supreme Court
Decision: State of Iowa v. Nicoletto,
April 11, 2014
http://www.iowacourts.gov/About_the_Courts/Supreme_Court/Supreme_Court_Opinions/Recent_Opinions/20140411/12-1862.pdf
This decision overturned the conviction of a high school basketball coach for
sexual misconduct. The coach has a
coaching authorization but is not a licensed teacher. He had a relationship with one of the
basketball players (she was over age 16). He was prosecuted for sexual
exploitation by a school employee in violation of Iowa Code 709.15(3)(a),
convicted and sentenced for 5-years, and appealed.
Relevant Iowa Code Sections: 709.15(1)(f) Sexual exploitation statute
defines “school employee” as “a practitioner as defined in section 272.1.” 272.1(7) defines “practitioner” as “an
administrator, teacher or other licensed professional, including an
individual who holds a statement of professional recognition, who provides
education assistance to students.”
Nicoletto appealed, stating he
wasn’t a school employee as it applies to this law. “School employee” isn’t defined in the
criminal statute, but cross references to “a practitioner as defined in 272.1,”
which pertains to the Board of Education Examiners section. Nicolette claims he isn’t a professional,
since one can get a coaching authorization in two weekends of classes. He also cites Section 232.69(1)(b)(4) which
separately lists licensed school employees and holders of coaching
authorizations as mandatory reporters. He says if “other licensed
professionals” means holders of coaching authorizations, if would render the
distinctions made elsewhere in the Code superfluous.
Justice Appel writes for the
majority: “Although a coach who holds a
teaching or other professional license is clearly subject to the statute, a
mere holder of a coaching authorization without a professional license within
the meaning of section 272.1(7) does not fall under the sexual exploitation
statute.”
Possible legislative action
includes a leadership bill, which is exempt from funnel dates, or inclusion in
the standings appropriations bill.
Education stakeholder groups, the country attorneys association, the DE
and the Board of Education Examiners have been working to find appropriate
language to resolve the issue. We expect
to see a bill soon defining school employee for the purposes of this criminal
statute 709.15(1)(f) to include a coach or advisor for a school-sponsored
activity, whether serving in a paid or volunteer status.
Education
Budget Work in Progress
•
The House amended and approved SF
2347, the line-item budget spending a total of $986.1 million for FY 2015
Education Appropriations, on April 16.
The UEN is registered as monitoring the bill. The Senate refused to concur with the House
amendment and the House insisted on their changes, so a conference committee
has been assigned. The conference
committee met this morning, April 17, and elected their chairs. The Senate
conference committee members include Sen. Schoenjahn, Chair, and Senators Horn,
Quirmbach, Sinclair and Boettger. The House members include Rep. Dolecheck,
Chair, and Representatives R. Taylor, Highfill, Winckler and Steckman.
▫
Conference Committee Process: The Committee from both chambers and both
parties reviews differences in their two bills and must choose from among those
in one bill or the other (no new language).
Once a conference committee votes with a majority in each chamber’s
representatives on the committee supporting the agreement, it moves to the full
House and Senate. Legislators may vote
yes or no for the compromise, but no amendments are allowed. If it fails in either chamber, a new
Conference Committee is appointed and the new committee isn’t limited to ideas
in either bill.
The following are differences
compared to the Senate version as reported in the March 28 and April 4 weekly
updates:
·
Iowa Core
Funding: The Senate bill requires
the DE to use $1,000,000 out of their general administration appropriation for
purposes of implementing the content and assessment standards adopted pursuant
to section 256.7, subsections 26 and 28, which is the cross reference for the
core. The House amendment strikes the specific requirement for DE to support
the Core.
·
Reading Research Center and
Screening Tools: The Senate diverted from the Governor’s
recommendation and eliminated $1.9 million for the FAST/Multi-tier Support
System for early elementary reading. The House amendment adds $925,000
to the DE administration line item, which is combined with the $1.0 million
Senate increase that would have supported the Core implementation. The House directs the DE to provide the
screening tools for early elementary reading at no charge to school
districts. The Screening tools remain a UEN
priority, since DE Rules effective in March require districts to use a
screening tool for early elementary that meets standards approved by the
department. Without the funding, school
district will have to purchase the tools.
·
The House
amendment also strikes the language and $1.0 million Senate appropriation for
anti-bullying efforts.
·
The House amendment also lowers the
Senate’s increased appropriation to the University of Iowa by $4 million. The bill as amended would come in at $2.0
million below the joint budget target for the education budget. Rep. Dolecheck, subcommittee chair, explained
his intent to redirect that $2.0 million to the AEAs, by reducing their budget
cut from $15 million to $13 million in the standings appropriations bill,
formerly HSB 688, but renumbers as HF 2473.
See the
complete list of line item appropriations impacting PK-12 education in the
March 28 UEN
report. The Legislative Services
Agency has also written an analysis of the bill, Notes on Bills and Amendments
(NOBA) available https://www.legis.iowa.gov/docs/NOBA/85_S5157_HF.pdf
Standings
Appropriations and One-time Debt Reduction & Savings Pending
The Standings Appropriations
bill is typically one of the last appropriations bills introduced and sent to
the Governor. HSB 688 was
introduced last week and approved in the House Appropriations Committee with
minor technical amendment. It is now
number HF 2473. This bill may include other issues important
to education, such as setting the state cost per pupil for FY 2016, ELL
eligibility for an additional year or preschool expansion incentives by the
time the Senate is finished with their action.
The House must first pass it on the floor.
Other Bill Action
SF
366 Radon Testing and Mitigation Reporting, Senate concurred
with House amendment which eliminated the testing and mitigation mandates. The bill requires the DE to provide information
to schools regarding the risks of radon, including information on radon testing
and mitigation, relevant statistical data, sources of funding for testing and
mitigation, and encouragement to schools to implement a radon testing and
mitigation plan. The DE is also required
to survey schools on the status of radon testing and mitigation plans by Dec.
1, 2014, and report to GA by Jan. 1, 2015.
There is no testing or mitigation mandate in the bill. This bill was
sent to the Governor on April 15, his signature pending.
Advocacy
Plan: Continue contacts from grassroots
networks, staff and school leaders.
Request that the Legislature set the state cost per pupil for FY 2016
before adjourning this Session. This
discussion isn’t over until they adjourn.
Send email and make phone calls striving for three contacts per
advocate (more if your district is represented by several legislators). Use a pyramid model where each advocate
encourages another to also contact their legislators and the Governor. Engage your grassroots and parent
groups. Link the call to action on your
personal and district Facebook page. The Mar. 13 RSAI Call to Action includes a
sample letter from parent to legislator/Governor to get started. School Funding Decision Needed Now (w/parent
letter) found on the RSAI web page: http://ruralstudentadvocates.blogspot.com/2014/03/rsai-call-to-action-set-per-pupil-costs.html
Contact information:
Call or email Gov. Branstad and Lt. Gov. Reynolds and your legislators
and leave a message: schools need
sufficient school funding, at least 6% per pupil for the 2015-16 school year,
determined this session.
·
Office of the Governor: State Capitol | 1007
East Grand Ave. | Des Moines, Iowa 50319, Phone: 515.281.5211 | Contact Us
(https://Governor.iowa.gov/contact/)
·
To reach members of the Iowa House and Senate:
o
Email your legislators. The correct email
address configuration is: firstname.lastname@legis.iowa.gov and can be verified
at the above link.
o
Call the Switchboard. Leave a message for your
representative at 515.281.3221 or for your senator at 515.281.3371
Write a letter to your local newspaper explaining the impact of a
delayed decision on your district or share details from one of the education
coalition funding facts of the week. If
your district is eliminating positions or programs, please let the media know
and share the funding fact linked below.
Education Coalition Joint
Advocacy: Thanks to ISEA, IASB, SAI, Iowa AEAs
and the UEN for working together in this collaborative effort! A new Point/Counter Point document is
available to help advocates communicate effectively with legislators opposed to
action this year. Look for notice in this week’s funding fact of the week email
on Monday.
Funding fact of the week: This weekly funding fact is designed to
help local advocates generate conversations and fuel the enthusiasm for setting
the state percent of growth for FY 2015-16 during the 2014 Session. The first
issue detailed Iowa’s 37th in the nation ranking in total per pupil
expenditures. Previous issues may be
found here and a direct link to
the current issue is found here:
Sign
up to receive the Education Funding fact of the week here: http://us5.campaign-archive2.com/home/?u=e0acb6236d9a5dbd136a38ef4&id=815d3aa83c
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