Brief ⁽¹⁾

HB 2799, as amended, addresses five issues: mentor teacher state grant program; National Board of Professional Teaching Standards certification incentive program; strategy for a basic reading skills program in grades K-3; school district home rule; and suspension and expulsion of students.

Mentor Teacher State Grant Program

The bill creates the Kansas mentor teacher program, a voluntary program maintained by a school district board for providing first-year teachers with professional support and continuous assistance by an on-site mentor teacher.

A mentor teacher is a certificated teacher who has completed at least three consecutive school years of employment in the district, has been selected by the school district board as having demonstrated exemplary teaching ability, and has completed training provided by the school district board in accord with criteria established by the State Board of Education. A mentor teacher assists no more than two first-year teachers.

The State Board of Education will adopt rules and regulations for administration of this program by no later than January 1, 2000, with the grant program to be implemented in the 2001-02 school year.

To receive a state grant, a school district board must submit an application to the State Board. In its administration of this program, the State Board of Education will:

• Establish standards and criteria for evaluating and approving mentor teacher programs and applications of school districts for grants;



• Evaluate and approve mentor teacher programs;



• Establish criteria for determining exemplary teaching ability of certificated teachers as qualified mentor teachers and for mentor teacher training programs;



• Prescribe guidelines for selection by boards of education of mentor teachers and for provision by boards for training programs for mentor teachers;



• Be responsible for awarding grants to school districts; and



• Request of and receive reports from school districts containing information on effectiveness of the program.

Within available appropriations, the State Board of Education will provide grants in an amount of up to $1,000 for each mentor teacher. The state grant money received by a school district is deposited in the district's general fund and is treated as a reimbursement for the school finance purposes. This stipend is over and above the regular salary to which the mentor teacher is entitled for the school year.

National Board for Professional Teaching

Standards Certification Incentive

The bill establishes the National Board for Professional Teaching Standards Certification Incentive Program. Under the program, a teacher who attains National Board certification is issued a Master Teacher's certificate by the State Board of Education. The certificate is valid for ten years.

A teacher employed by a Kansas school district who has attained National Board certification will be paid an incentive bonus of $1,000. The bonus is paid each school year for up to ten years, as long as the teacher remains employed by a Kansas school district and retains a valid Master Teacher's certificate. The bonus is paid by the employing school district, but the district is entitled to receive state aid under the National Board for Professional Teaching Standards Certification Incentive Program equal to the amount of any bonuses paid. The state aid is deposited in the school district general fund and is treated as a reimbursement.

Strategy for a Mastery of Basic Skills Reading Program

The bill directs the State Board of Education to prepare a strategy for identifying, developing, and implementing a mastery of basic reading skills program in kindergarten and each of grades one through three of school districts based upon the goal of attainment of mastery of basic reading skills by pupils upon completion of the third grade. In carrying out this directive, the State Board will:

• Identify state standards and outcomes of mastery of basic reading skills in kindergarten and each of grades one through three.



• Prepare a plan for monitoring the progress of pupils at each grade level in achieving mastery of basic reading skills.



• Specify the means to be used for determining mastery of basic reading skills by each pupil upon completion of grade three.

The State Board's strategy must include a component for requiring school districts to provide interventions for pupils who are not making satisfactory progress toward mastering the basic skills such as, but not limited to, a restructured school day, additional school days, summer school, or individualized instruction.

The State Board of Education will report to the 2001 Legislature a strategy and proposed plan for implementing the mastery of basic reading skills program with development of standards during the 2001-02 school year and commencement of the plan in the 2002-03 school year. The State Board report to the 2001 Legislature will include estimates of the cost to the state of implementing this program.

School District Home Rule

The bill confers "home rule" powers on school district boards of education. This authority permits the district to transact all school district business and adopt policies that the board deems appropriate to perform its constitutional duty to maintain, develop, and operate local public schools, subject to the following limitations:

• School districts are subject to all legislative acts and State Board of Education rules and regulations which apply to all school districts.



• School districts may not consolidate or alter school district boundaries except as provided by law.



• School districts may not affect the courts located therein.



• School districts are subject to all legislative acts prescribing debt limits.



• School districts are subject to all legislative acts concerning elections.



• School districts may levy and collect taxes only in conformity with legislative acts which specifically confer such authority.



• In the exercise of the power conferred by this legislation (i.e., school district home rule powers), the home rule powers of cities and counties may not be superseded or impaired without the consent of the affected city or county.



• School district boards may not adopt policies which modify, diminish, or reinterpret state or federal laws which affect school district employees.



• School district boards may not adopt policies which interfere with state policy in KSA 1999 Supp. 38-141(b), i.e., that parents retain the fundamental right to exercise primary control over the care and upbringing of their children.

The home rule power of school districts is not to be construed to relieve any other governmental unit of its legal duties and responsibilities or to create any responsibility on the part of a school district to assume duties or responsibilities required of another unit of government.

Suspension and Expulsion of Students

The bill addresses certain student suspension and expulsion issues, as follows:

• The maximum duration of a short-term suspension is increased from 5 school days to 10 school days. (Under current law, the maximum duration of a short-term suspension is 5 school days, except in instances involving weapons, drugs, or dangerous behavior, where a maximum duration 10 school day short-term suspension applies. The amendment makes the 10 school days short-term suspension provision uniformly applicable.)



• The formal suspension or expulsion hearing may be conducted by any person or committee of persons authorized to do so by the board. (Current law requires that the hearing be conducted by a certified employee or committee of certified employees.)



• Only a pupil may appeal an extended term suspension or expulsion when the pupil is 18 years old or older and only a pupil's parent (or guardian) may appeal such a suspension or expulsion if the pupil is under age 18. (Under current law, either the pupil or the parent can appeal an extended term suspension or expulsion, regardless of the age of the pupil involved.)

Background

The combination of the substance of HB 2799 and Sub. for HB 2794 (mastery of basic reading skills) by the Senate Committee on Education was prompted by recommendations of the Senate Committee on Education's Subcommittee on School Reform, as further modified by the Senate Committee on Education. The substance of HB 2801 (National Board of Professional Teaching Standards certification incentives), SB 552 (school district home rule component, and SB 433 (suspension and expulsion of students) were amendments added by the Senate Committee of the Whole.

Mentor Teacher State Grant Program

HB 2799, as introduced, is one of the education reform proposals of Representatives Glasscock and Tanner. According to the sponsors, the mentor teacher program was one of several initiatives intended to make schools, teachers, and teacher education programs accountable for their results. The bill was intended to ensure that students would not have first-year teachers without adequate professional support.

The representative of Kansas-National Education Association agreed with the concept embodied in HB 2799, but expressed concern about a "one-size-fits-all" program developed at the state level and expressed a preference for peer assistance programs developed locally.

The State Department of Education's fiscal note on the bill as introduced estimated that 1,000 teachers would be involved in the program during its first year, at a cost of $1,000 per teacher, for a total of $1.0 million. In addition, the State Department estimated it would cost approximately $100,000 to develop the standards and provide the training the bill would require.

The fiscal note is no longer applicable as the Senate Education Committee amendments which, among other things, made school district participation in the program voluntary on the part of school districts and directed that the stipends be based on the number of mentor teachers (not the number of new teachers mentored). Under the Senate Education Committee amendments, no stipends would be paid until the 2001-02 school year. Amounts would be subject to legislative appropriation and could not exceed $1,000 per mentor teacher. Other changes directed that the State Board would set criteria for mentor teacher training programs. School districts, instead of the State Board of Education, would provide the training.

National Board for Professional Teaching

Standards Certification Incentive

These provisions are from HB 2801, part of the education reform program introduced by Representatives Glasscock and Tanner. According to the sponsors, the bill would provide an incentive for seasoned teachers to improve on their skills by attaining National Board certification. Currently, there are approximately 30 teachers in Kansas who have received National Board certification.

A program leading to National Board certification is offered by Emporia State University. In FY 2000, $65,000 was appropriated to the State Department of Education to pay half of the cost to the teacher ($1,000) to enroll in the program. In addition, $33,000 is available to pay a one-time bonus of $1,000 for each teacher who receives National Board certification. For FY 2001, the Governor has recommended $39,000 for one-time bonuses for teachers who receive National Board certification.

The State Department of Education estimated that there would be 30 teachers in Kansas who would qualify for bonuses under HB 2801. The Governor's recommended budget would cover the first-year cost of $1,000 bonuses for these teachers.

Strategy for a Mastery of Basic Reading Skills Program

These provisions are a modification of Sub. for HB 2794. That bill, as introduced by the House Committee on Education, was a component of the school reform proposals sponsored by Representatives Glasscock and Tanner. In its original form, the bill:

• Established a mastery of basic skills program (quite similar to that described in the substitute bill for which the State Board of Education must develop a strategy);



• Directed establishment of a professional development sequence for primary grade teachers (included in the required strategy (above));



• Prohibited promotion of pupils who had not mastered standards and outcomes of mastery for the pupil's grade level, except that a pupil could not repeat kindergarten or any of grades one through three more than once;



• Established a basic skills achievement award program under which a school that reached the standard of excellence on the statewide assessment of mathematics in the fourth grade and of reading in the fifth grade would be entitled to an award of $10 for each of the school's pupils; and



• Directed the State Board of Education to establish a statewide improvement plan if the percentage of pupils attaining mastery in reading, writing, and mathematics is less than 95 percent.

The fiscal note on HB 2794, as introduced, was estimated to require $798,752 State General Fund support in FY 2001. This fiscal note was not applicable to Sub. for HB 2794. House Education Committee amendments stripped most of the costs from the measure. This observation also applies to the amended version of the bill now contained in HB 2799.

The House Education Committee amended the bill by substituting the following provisions:

Sub. for HB 2794 directed the State Board of Education to prepare a strategy for identifying, developing, and implementing a mastery of basic skills program in kindergarten and each of grades one through three of Kansas school districts based upon the goal of basic skill mastery by pupils who complete the third grade. In carrying out this directive, the State Board will:

• Prepare a mastery of basic skills program appropriate for implementation in each school district;



• Identify state standards and outcomes of mastery for basic skills in the areas of reading, writing, and mathematics for kindergarten and each of grades one through three, which, if mastered, will result in the pupil having acquired foundational skills sufficient to achieve academic success at the fourth grade and beyond;



• Prepare a plan for monitoring the progress of pupils at each grade level in achieving mastery of basic skills;



• Specify the means to be used for determining mastery of the basic skills by each pupil upon completion of grade three; and



• Identify a professional development sequence for primary grade teachers to enable them to learn the best practices for teaching basic skills.

The State Board's strategy must include a component for requiring school districts to provide interventions for pupils who are not making satisfactory progress toward mastering the basic skills such as, but not limited to, a restructured school day, additional school days, summer school, or individualized instruction.

The State Board of Education would report to the 2001 Legislature a strategy and proposed plan for implementing the mastery of basic skills program with development of standards during the 2001-02 school year and commencement of the plan in the 2002-03 school year. The State Board report to the 2001 Legislature would include estimates of the cost to the state of implementing this program.

The main change made by the Senate Committee on Education was to limit this initiative to basic skills in reading.

School District Home Rule

This provision initially was contained in SB 552 which was proposed by Senator Brownlee. Conferees appearing before the Senate Committee on Education as proponents of the bill, as introduced, were a spokesperson for Olathe (USD 233), the Kansas Association of School Boards, and Schools for Quality Education. Generally, under Kansas law, school districts are limited to doing things specified or necessarily implied by law. SB 552 would give school districts somewhat more discretion than currently is the case, with the districts still being bound by state and federal laws and State Board of Education regulations. The Kansas National Education Association (KNEA) opposed the bill, both on policy and constitutional grounds (Kansas Constitution). The organization explained that its policy objection could be overcome by an amendment to Section 1(e)1(H) that would prohibit school districts from adopting policies that affect non-administrative school employees unless authorized to do so by the Legislature. KNEA explained that it believes "... as long as the State Board of Education has self-executing powers, local boards cannot be granted home rule by the State Legislature."

The fiscal note on SB 552, as introduced, explained that passage of the bill would have no effect on state revenues or expenditures.

Suspension and Expulsion of Students

The substance of this provision was contained in SB 433, a bill sponsored by Senator Vratil.

The Senate Committee on Education amendments added language concerning who may initiate a suspension or expulsion appeal and circumstances under which an appeal hearing would not be held. These provisions were taken from SB 519, introduced by Senator Brownlee.

The Kansas Association of School Boards presented testimony in support of both SB 433 and SB 519. A representative of the Olathe school district testified in support of the concepts in SB 519.

Senate Committee of the Whole amendments:

• Established the maximum duration 10 school day short-term suspension as uniformly applicable to all types of short-term suspensions.



• Deleted the proposed change that would have eliminated the hearing of the appeal for an extended term suspension or expulsion when the term of the suspension is completed prior to execution of the procedures that result in the actual hearing.

The fiscal note indicated that the bill would have no effect on state revenues or expenditures. Senate Education Committee and Senate Committee of the Whole amendments would not change this analysis.

The provisions contained in HB 2799 are essentially those contained in SB 433 as it passed the Senate.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html