Legislative Action Committee Meeting April 23, :00 PM A G E N D A

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Legislative Action Committee Meeting April 23, 2015 7:00 PM A G E N D A 1. Review: a. Federal NCLB changes b. PSSA Opt Outs 36 to date c. Basic Education Funding d. Keystone Exam and PSSA letters e. Consider getting out from NCLB waiver if and when federal law is reauthorized. f. Talking points from March 26 meeting 2. Breakout Session: a. Talking points: Basic Education Funding Every Child Achieves Federal Legislation: reauthorization of Elem. & Sec. Ed. Act formerly known as NCLB Next Meeting: Thursday, May 28, 2015, 7 pm Focus will be on budget

Education Update for April 20, 2015 Key Legislation in the News Property Tax Relief Tax Reform Proposals: House Republican lawmakers on Tuesday unveiled a property tax relief plan that they see as a better alternative to one Gov. Tom Wolf proposes. Like the governor's plan, it calls for increasing the state's income and sales tax rates to shift the school funding burden off homeowners. But there are many differences between the two proposals as became evident during an airing of the proposal before the House Finance Committee last Tuesday. One of those differences is the pace at which the House GOP plan is moving. Read the rest of the story: Key Differences Exist Between House GOP, Wolf Property Tax Plans (from The Patriot-News, 4/14/15). See also an article in The Pittsburgh Post-Gazette, 4/15/15. In Legislative News Legislative Schedule Both the House and Senate are in session this week with a full floor and committee schedule, and then will break until May 4. Last Week s Hearings and Meetings Property Tax Relief: HB 860 The House Finance Committee held a hearing on the bill but took no action. HB 860 implements a property tax relief plan for school district taxpayers by increasing the statewide PIT to 3.7% for the purpose of providing millage rate reductions and increasing the sales tax (without expansion of the base) to 7% for the purpose of increasing homestead/farmstead exemption allocations. Click here to watch a recording of this hearing. Pension Reform: The Senate Finance Committee held a hearing to discuss pension plan design proposals. The committee heard testimony from the following organizations: Commonwealth Foundation, SEIU, PEW Charitable Trusts, PSEA, FTI Consulting, Mercatus Center at George Mason University and TIAA-CREF. Click here to watch a recording of the hearing. State Budget: Leadership in the House and Senate had their first meeting with the Wolf administration on the budget. More to come as negotiations begin to take shape and working groups are formed to begin discussing the many large components of the budget proposal, such as pensions, education, property tax reform and liquor privatization. Charter School Report: The Joint Legislative Budget & Finance Committee released a report on the feasibility of alternative methods of authorizing charter schools. Generally, the report reviewed PA charter school law as well as the laws in other states in regarding charter school authorizers. The report, which found that few colleges and universities across the state have shown much interest in the idea, recommended that the General Assembly consider allowing institutions of higher education to become authorizers on a pilot basis, consider the creation of an Independent Charter Board, and, if alternative authorizers are permitted, require them to adhere to all nationally recognized standards in authorizing charter schools. In Last Week s Legislative Action School Director Elections: HB 342 unanimously approved in the House. The bill amends the Pennsylvania Election Code to clarify that all candidates for the office of school director will be required to submit 10 signatures for nomination. Initially, the bill would have required 25 signatures. Transition to Work: HB 400 unanimously approved in the House. The bill establishes the Work Experience for High School Students with Disabilities Act, which would designate the

Office of Vocational Rehabilitation (OVR) in the Department of Labor & Industry as the lead agency responsible for developing connections between local education agencies and employers to promote the successful transition from school to competitive, gainful employment. OVR would arrange for, monitor and support the placement of high school students with disabilities in internships, on-the-job training and full- or part-time work in integrated settings with private and public sector employers. Epi-Pen Administration: HB 423 unanimously approved in the House. The bill provides immunity to school bus drivers who administer epinephrine to students suffering allergic reactions in compliance with school district policy and training. This Week s Floor Calendar The following bills may be considered this week: Governmental Practices: HB 11 (establishes the Lean Government Practices Program. Initially, the bill would have required all financially struggling political subdivisions, including school districts, to engage in training provided by the State Office of Innovation regarding the use of lean government practices. However, that language was removed.) Tax Collectors: HB 160 (clarifies that a tax collector may not deposit taxes into an account with his or her individual name. Rather, the account must include the name of the office, title or position and may include the municipality by which the tax collector was elected or appointed. The deputy tax collector must be a signatory on the account.) This Week s Committee Schedule Tuesday, April 21 House Finance Committee to consider the following bills: Property Tax Relief: HB 860 (implements a property tax relief plan for school district taxpayers by increasing the statewide PIT to 3.7% for the purpose of providing millage rate reductions and increasing the sales tax without expansion of the base to 7% for the purpose of increasing homestead/farmstead exemption allocations) EITC Expansion: HB 752 (increases the tax credits available to businesses under the EITC program by $70 million ($7 million increase in credits available for contributions to the prekindergarten scholarship organizations, $42 million increase in credits available for contributions to scholarship programs and $21 million increase in credits available for contributions to educational improvement organizations. The bill also increases the tax credits available for contributions to opportunity scholarship organizations by $30 million.) Senate Education Committee to consider the nomination of Pedro Rivera as Secretary of Education and to consider the following bills: Dual Enrollment Programs: SB 104 (creates a Dual Enrollment Expansion Task Force to examine the issue and make recommendations about how to expand dual enrollment and Advanced Placement programs to allow students to earn college credit in high school) Post-High Scholarships: SB 329 (establishes a Ready to Succeed Scholarship program within PHEAA)

Wednesday, April 22 House Education Committee to consider the following bills: Graduation Credits: HB 833 (amends the Public School Code to allow computer science or information technology courses taken during grades 9-12 to count a one credit towards a science or math graduation requirement) Senate State Government Committee to consider the following bills: Bargaining and Executive Sessions: SB 643 (clarifies that negotiations sessions during collective bargaining do not qualify for executive sessions) Bargaining Disclosure: SB 645 (requires employers to provide notice of the terms and estimated cost prior to signing collective bargaining agreements. Notice must be posted on the employer s website 2 weeks prior to the signing and remain posted for 30 days after the signing.) Other Upcoming Committee Meetings April 27: Basic Education Funding Committee to hold a final hearing (University of Pittsburgh) Across the State PSSA Opt-Outs Kelly Aquila's daughter landed in the emergency room for severe stomach pain several times before doctors told them there was nothing medically wrong. They ended up seeing a therapist and learned Briane, who is now in sixth grade, was extremely stressed out by Pennsylvania System of School Assessment (PSSA) exams, which are administered to students in grades third through eighth. "It never dawned on me it was the test," Aquila said. The Whitehall-Coplay School District parent is part of a growing number of Pennsylvania parents opting out of state standardized testing. Opt-out parents say that the emphasis on testing detracts from real learning, stifles teacher and student creativity and stresses everyone out. Read the rest of the story: Lehigh Valley PSSA Test Opt-Outs on the Rise (from lehighvalleylive.com, 4/17/15). (Click here to read a story on PSSA opt-outs in Beaver County.) Graduation and the Keystone Exams In two years, Pennsylvania students will have to pass three standardized tests -- the Keystone Exams -- to graduate high school. Right now, 65 percent of Philadelphia School District students graduate in four years, but district officials expect a big drop when the Keystone Exam requirement comes into full effect. "While our graduation rate remained steady last year, extrapolating from current seniors, only 22 percent of the Class of 2017 will graduate on time," according to a report published by the district in January. That estimate is based on the number of current seniors on track to pass all three Keystone Exams and obtain the requisite class credits to graduate this spring. Read the rest of the story: Philly School District Projects 22 Percent Graduation Rate in 2017 (from newsworks.org, 4/8/15).

Senate Education Committee Unanimously Passes Bipartisan ESEA Rewrite By Lauren Camera on April 16, 2015 3:01 PM In a calculated and largely fireworks-free markup of a bipartisan Elementary and Secondary Education Act rewrite, members of the U.S. Senate education committee approved the measure 22-0 Thursday amid much back-slapping and promises to continue working across the aisle. "The vote today is about how we conducted this markup," said Sen. Lamar Alexander, R-Tenn., the chairman and co-author of the bill, who worked closely in crafting the measure with Sen. Patty Murray, D-Wash., the ranking member. "I can tell Sen. Murray was a preschool teacher... [because] she plays well with others." "She suggested early on when I put down the chairman's mark... that that wasn't the best way to deal with a contentious issue," continued Alexander, referring to the original conservative bill he introduced in January. "That turned out to be good advice." Over the course of three days, committee members considered more than 50 amendments out of the 87 that were filed, most of which were either adopted via voice vote with little controversy or withdrawn out of respect for maintaining the bipartisan nature of the legislation. On Day Three, the committee considered a handful of amendments, and approved three that focused on the funding formula for Title II, which deals with issues like teacher preparation. (See full list below.) Only one amendment was offered and then withdrawn, from Sen. Al Franken, D-Minn., who offered the Student Non-Discrimination Act that's aimed at protecting LGBT students from harassment and bullying. "I am going to continue to work on this because I feel so strongly about this," Franken said. "It's going to be hard to pass this amendment on the floor, but I believe I can do it. It's our responsibility as adults to protect children. In America you cannot bully kids

because of their race, ethnicity, disability, and in America you should not be able to bully a kid because he or she is LGBT." The issue of bullying headlined Tuesday afternoon's markup session, with Alexander and Sen. Robert Casey, D-Pa., offering dueling amendments. All three amendments that deal with bullying have been punted to the floor debate. In clearing the bill out of committee, Alexander and Murray overcame a major legislative hurdle that now readies the measure for prime-time debate in the Senate chamber. But that process, in addition to eliciting a much-more partisan debate, may prove challenging to even schedule. The current legislative backlog includes an anti-human-trafficking bill, Loretta Lynch's nomination for U.S. Attorney General, a congressional response to the Iran nuclear framework, and a looming vote on a conferenced fiscal year 2016 budget. And while Majority Leader Mitch McConnell, R-Ky., has mentioned education as something the Senate might address this legislative work period, which ends May 22, the federal K-12 overhaul has yet to be specifically scheduled for floor time. In addition to wrapping up the markup process for the ESEA overhaul, the committee also cleared two nominations for the U.S. Department of Education: Ericka Miller for Assistant Secretary for Postsecondary Education, and Michael Yudin for Assistant Secretary for Special Education and Rehabilitative Services. The committee also adopted technical changes to a federal workforce training measure signed into law last year. Miss any of the markup? You can read about all the action here: Committee members filed 87 amendments in total. The markup began Tuesday and here's an overview of the major debates and amendments adopted.

The markup continued Wednesday morning and picked up again later in the afternoon. Here's a list of the amendments offered Thursday and the results: An amendment from Sen. Richard Burr, R-N.C., that would alter the Title II funding formula so that it's based 80 percent on poverty and 20 percent on population. PASSED via voice vote An amendment from Sen. Robert Casey, D-Pa., that would reinsert holdharmless language in Title II. (Hold harmless provisions are found in multiple titles of the bill and generally designed to safeguard any specific schools from substantial funding cuts.) PASSED 13-9 An amendment from Burr that would modify Casey's hold-harmless amendment by mandating a 14.29 percent reduction each year over 7 years. PASSED 11-10 An amendment from Sen. Bill Cassidy, R-La., that would provide an exemption from use of a weighted lottery for schools that specialize in a specific learning disability. FAILED 5-17 An amendment from Sen. Chris Murphy, D-Conn., that would clarify that federal funds can be used to assist in the creation of programs to reduce juvenile delinquency FAILED 10-12 An amendment from Sen. Al Franken, D-Minn., that would add the Student Non- Discrimination Act to the base bill. WITHDRAWN Final Passage on Amended Bill: 22-0

No Child Left Behind: Senators Unveil Bipartisan Agreement on Rewrite The bill would give states more flexibility with accountability, but keeps annual testing. Sen. Lamar Alexander, chairman of the Senate education committee, and Sen. Patty Murray, the committee's top Democrat, unveiled a bipartisan bill to reauthorize No Child Left Behind on Tuesday. By Allie BidwellApril 7, 2015 4:59 p.m. EDT+ More The Senate education committee's top lawmakers on Tuesday unveiled a bipartisan plan to rewrite the long-outdated education law No Child Left Behind. The long-awaited legislation, dubbed the Every Child Achieves Act of 2015, gives states significantly more leeway in developing their own accountability systems, as long as they meet minimum federal standards, such as ensuring all student subgroups are counted and enacting "challenging academic standards." Although states will still be required to use testing data in their accountability systems, it will be up to them to decide how much weight to give test scores and how they will use them in terms of accountability. The bill is the second proposal to come out of the education committee. Sen. Lamar Alexander, R- Tenn., who chairs the committee in January released a working draft meant to spur discussion among committee members. The committee then hosted a series of hearings on the central issues in updating the law, including funding, annual testing, student and teacher accountability and the role of the federal government in public education. The committee plans to hold a markup session of the bipartisan bill next week. [READ: No Child Left Behind Rewrite Heads to House Floor Despite Democrats' Objections] Despite an extensive and controversial debate over the role of standardized testing, the Senate bill keeps annual testing in place. Students would be tested in English and math in third through eighth grades as well as once in high school; science tests would also be administered three times

between third and 12th grade, for a total of 17 federally-mandated tests. A pilot program would allow states to experiment with "innovative assessment systems" within the state. "Basically, our agreement continues important measurements of the academic progress of students but restores to states, local school districts, teachers and parents the responsibility for deciding what to do about improving student achievement," Alexander said in a statement. "This should produce fewer and more appropriate tests. It is the most effective way to advance higher standards and better teaching in our 100,000 public schools. We have found remarkable consensus about the urgent need to fix this broken law, and also on how to fix it." Sen. Patty Murray, D-Wash., said in a statement that the compromise is "an important step" toward fixing the broken law, formally known as the Elementary and Secondary Education Act. "While there is still work to be done, this agreement is a strong step in the right direction that helps students, educators, and schools, gives states and districts more flexibility while maintaining strong federal guardrails, and helps make sure all students get the opportunity to learn, no matter where they live, how they learn, or how much money their parents make," said Murray, the ranking minority member of the committee. The Senate proposal also includes a dig at the Common Core State Standards. "The federal government may not mandate or incentivize states to adopt or maintain any particular set of standards, including Common Core," the bill summary says. "States will be free to decide what academic standards they will maintain in their states." [MORE: As House Prepares to Vote on NCLB, Advocates Push for Preschool Funding] Another federally backed reform the bill targets is teacher evaluation systems. The Senate proposal would end "federal mandates on evaluations" as well as the federal definition of a highly qualified teacher and allow states to develop their own evaluation systems if they choose to do so, and to define teacher qualification on their own. It would also prohibit the Secretary of Education from requiring states to develop and adopt certain academic standards, assessments or accountability systems as a condition for approval of a waiver or federal grant. Critics have chided the Obama administration for using NCLB waivers and Race to the Top grants as a way to push states to adopt education reforms it favors, such as teacher evaluation systems and college- and career-ready standards. Many states, opponents argue, were coerced into adopting Common Core because it met the administration's criteria. The proposal would not allow Title I dollars federal funds given to support low-income students to follow students between schools. The practice, known as "Title I portability," has been backed by Republicans, including some who feel the flexibility should be extended to students whose families choose to send them to private schools. Opponents of Title I portability including the Obama administration have said the move would divert much needed funds from low-income communities. Those who favor it say it's a matter of civil rights and equity.

Teachers unions and other education advocacy groups were also pressuring lawmakers to include dedicated funding for early childhood education in a reauthorization bill. A $27 billion proposal backed by the nation's two largest teachers unions suggested adding preschool funding as its own title in the law. While the Senate didn't agree to do that, the bill includes a provision clarifying states, districts and schools can use various funds to improve early childhood education programs. A House bill to overhaul No Child Left Behind made it out of the education committee, despite strong objections from Democratic members who say they were left out of the process, but has not yet gone to the floor for a full vote. Randi Weingarten, president of the American Federation of Teachers, said in a statement that the bipartisan plan is "significant" and gives "a glimmer of hope" in the reauthorization process. [ALSO: Senators Debate Testing, Federal Role in No Child Left Behind Rewrite] "Today, in a bipartisan manner, Sens. Alexander and Murray took an important first step by showing that, even in this current climate, one can find common ground by listening to teachers, parents and other important voices in education," Weingarten said. "Their framework restores ESEA s original intent of mitigating poverty and addressing education equity." Lily Eskelsen Garcia, president of the National Education Association, gave a more tentative endorsement of the Senate bill, saying union members will "review the bill with a fine-tooth comb." "We are also looking for concrete steps that remedy opportunity gaps for students and fix the broken test, label, and punish regime ushered in under No Child Left Behind," she said in a statement. "In the end, when all is said and done, the fundamental question that lawmakers have to grapple with is, what will this bill do differently for students in classrooms and schools across America if it s signed into law?"

Legislative Action Committee March 26, 2015 HB 156 (Cyber bullying) Talking Points 1. What are they key changes to existing law? This law would require the chief school administrator to report all incidents. Four hours additional training Additional reprint Required to report more frequently 2. What are the potential costs to the school district? Districts would have to pay for every employee to complete 4 hours of training Portal monitoring Possible additional cost for increase staff 3. What are the potential positive impacts to the school district? Would raise parent/student/faculty awareness of issue Protection for teacher making the report Everyone wants to reduce bullying Easier to address because it s centralized 4. What are the potential negative impacts to the school district? Increase costs, increased paperwork, too short a time frame to implement (11/1/2015) Erodes relationship with police and district and police and parents, potential unwanted police involvement in a case Decrease relationship with school Doesn t hold PARENTS responsible/accountable Does not solve the problem 5. What questions do you have? Definition of blogging P2 Line 27 (i) places a reasonable student SPED? ES? Who will have access to e reports when allegation is made Will data follow from district to district Will there by parent education? Under what circumstances are teachers responsible after school hours How long does the report in safe schools stay on the student records? What happens if a person makes a false report (revenge reporting), or it is a misunderstanding, is it on the permanent record damages student s reputation What is done with the data collected? Intrusive because of monitoring/or is this just for cases that are reported? Nothing regarding repeat offenders Mandated parent training The word bullying needs to be defined What is bill s ultimate goal? Is this proactive or reactive? How will this bill help the child getting bullied?

Legislative Action Committee March 26, 2015 Talking Points for House Bill 210 This bill streamlines the process from 11 to 5 steps It allows districts who were denied reimbursement during moratorium to apply for it It develops an electronic database There is no potential costs or negative impact to school districts Capital improvement projects that were delayed can now proceed Cutbacks in staff that were made to compensate for denied reimbursement can be reversed

Legislative Action Committee March 26, 2015 Talking Points for Omnibus Education Bill 1. What are they key changes to existing law? Fair changes made to the cyber charter funding formula Basic Education Funding (BEF) increases Positive changes to charter school reconciliation Moratorium on Planning and Construction (PLANCON) lifted Extra special education funding for intermediate units 2. What are the potential costs to the school district? Implement accountability without funding Increase in funding does not cover the costs Will accountability in terms of justification be a burden to the district 3. What are the potential positive impacts to the school district? Increased funding to school districts without having to find new revenue streams Better funding, more equitable, to charters. Better use of district funds Having to spend less for cyber and charter schools 4. What are the potential negative impacts to the school district? Accountability factors Schools do not receive reimbursement for construction projects Costs will some of these be mandates or simple lack of funding. 5. What questions do you have? What else is going to be attached/end up to this bill?