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Exactly as spoken.

House Education Committee

March 1, 2011
Video Transcript

Bills discussed (8)

Bill Title Sponsor Status
SB306 · 3 mentions in chapter, transcript
Matched: “SB306”
Pre-2017 bill
HB1479 · 2 mentions in transcript
Matched: “Committee, we have had a request for a special order on House Bill 1479, and that request is to”
Pre-2017 bill
HB1296 · 1 mention in chapter
Matched: “HB1296”
Pre-2017 bill
HB1433 · 1 mention in chapter
Matched: “HB1433”
Pre-2017 bill
HB1527 · 1 mention in chapter
Matched: “HB1527”
Pre-2017 bill
HR1020 · 1 mention in chapter
Matched: “HR1020”
Pre-2017 bill
SB138 · 1 mention in chapter
Matched: “SB138”
Pre-2017 bill
SB384 · 1 mention in chapter
Matched: “SB384”
Pre-2017 bill

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Speaker 2 0:00
We appreciate the opportunity to be here at the House Education
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Representative Eddie L. Cheatham Unverified 0:03
Committee today. Thank you, Mr. Fletcher. I think I identified a couple of young legislators in training back there. Students, we're very glad to have you with us, and we certainly wish you the best as you continue your future in education. And education is very important, and that's what this committee is all about. So we're glad to have you with us today. The committee, you should find a pink sheet on your desk somewhere and just remind you of that function tonight if you can be there. I think it will be very good. It will be a chance to do a little fellowshipping. Also, I would like to make an introduction. A gentleman you probably, most of you probably already know. He's made a change in his hat that he wears. As a matter of fact, I told him a while ago, I said, you know, the other day you smiled at me in the hall. the first time, and then I found the next day you'd change jobs, so I know why. Seth Bloomley, would you stand up, Seth, and wave at everybody, wherever you're back in the back? Seth is now the new communications director of ADE, so he'll be with us. He's standing behind the pillar. Seth, you don't have to hide anymore since you're working for a good organization. That's better. Thank you, Seth. Let's see. Committee, I will just mention one other thing I think that I have here in front of me. Celebration of National Board Certification. And that event is going to be at UALR
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Chair Unverified 1:51
at Dixon Hall Auditorium, 930 to 330 on March the 12th. That's a Saturday. But it should be
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Representative Eddie L. Cheatham Unverified 1:58
a very interesting meeting. AEA is one of the sponsors for that. So if you have a chance here in Little Rock at weekend, that might be something good to attend. Committee, we have had a request for a special order on House Bill 1479, and that request is to
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Chair Unverified 2:23
run that bill Thursday. Seeing no objections, we will place that on the calendar for a special order, House Bill 1479. Okay, we're at the point, I think, we're going to honor a couple of our, well, I shouldn't say honor, we're going to give them a little
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Representative Eddie L. Cheatham Unverified 2:44
leeway, we're going to let a couple of senators run some bills they have down here, and I've got at least, I believe, I see Senator Fletcher and Senator Jeffress, I don't see Senator Key in the room. So we normally let one Senate bill a month out of here. So, Mr. Fletcher, if you want to go first, this might be your chance. Would you each identify yourself with the record, please? Then you may proceed.
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Speaker 19 3:20
Thank you, Mr. Chair. I'm Senator Mike Fletcher, representing District 27, Malvern. I'm Barry Ballard,
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Speaker 20 3:27
President of Ouachita Technical College Representative Oyemok, representing
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Speaker 19 3:31
District 26 Thank you, gentlemen Senator Ugo This is a bill to rename the Ouachita Technical College to the College of the Ouachita's at Malvern I'd be glad to answer any questions you have and I have Dr. Ballard here to answer any questions but this is a good bill and I sure would appreciate the report on it Committee, any questions?
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Representative Eddie L. Cheatham Unverified 3:55
You got bills in the back of your packet, where the Senate bills are. It may be one of the simplest bills
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Chair Unverified 4:02
we've had this session, and it may be for
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Representative Eddie L. Cheatham Unverified 4:05
a good thing, though. Seeing any, no questions? Yes, Ms. Clemmer, you're recognized. I was just going to move due past. Okay. Any other comments or questions from the committee? Anyone in the audience want to speak for or against this bill? Seeing none, we have a motion to do pass. Ms. Clemmers, all in favor say aye. Aye. Opposed, like a sign, I believe the aye has happened. Senator, you're lucky. I'm glad I got that one. Thank you very much. Senator, I just want to remind you that you were on candid camera in this room. I'm just, yeah. Thank you very much. Thank you. next we have senator jeffress with house senate bill 306 you'll find that also on the
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Chair Unverified 5:02
back of your packet committee senator would you recognize
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Speaker 33 5:05
yourself for the record please and you may proceed senator jimmy jeffress thank you mr
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Speaker 34 5:11
cheatham it's with a great deal of trepidation that i come before you this morning. But I have sat in this room many, many hours before, and most of them I can say with all honesty that I've enjoyed it. Mr. Cheatham and committee House Bill, Senate Bill 306 rather, is a fairly straightforward, simple thing, but it's in three sections. And let me kind of tell you what this is. A few years back, the legislature passed legislation to allow state employees leave time in order to go for school conferences with their children. And at that point in time, we did not have in the legislation mention of preschool. And since then, we have set up pre-K education. So we wanted to make sure that those parents with preschool children were allowed to go to parent-teacher conferences with their children, and that's covered. And then I began having a series of inputs from the public on different other things. For example, there was a state employee who contacted me and said that they had a special needs child that was in an institution that's more than 18 years of age, but that they have regularly scheduled parent-teacher conferences on his status. So I thought that that was a situation that deserved equal treatment, as well. So we made sure that all these situations got covered. Now every institution or every activity that we can think of that we have for public education that covers children are covered in this bill so that state employees can attend parent-teacher conferences during the day for their children. That's all this bill is, and I'd entertain any questions if you have any. Representative Stewart.
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Representative Randy Stewart Unverified 7:06
Yes, thank you. Just a question on the front page there. It talks about the following relation. It talks about grandchild. If I have a grandchild that has a parent-teacher conference, can I go and along with if my daughter is also a state employee, we both get a day off? No,
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Speaker 34 7:25
I think, Representative Stewart, if you go back to the original legislation, legislation, this talks about if you are the guardian of that grandchild. Okay, because it doesn't say it
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Representative Randy Stewart Unverified 7:34
in this part here, but in the original legislation it does?
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Representative Tim Summers Unverified 7:37
I think so. All right, thank you. Rep. Summers, do you have a question? Yes, sir, Mr. Chairman. Thank you. Senator Jeffers, I'm not familiar with the other legislation, but I know you are. Surely this isn't as open-ended as it looks. For example, if a mother and father and grandfather all worked for the state and they had a child involved in an athletic event somewhere that they were helping with, does this mean all of those would be able to attend those events without using any of their
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Speaker 34 8:19
time off? Representative Summers, we go back to the original legislation. and it talks about parent-teacher conference on the educational aspect of the, you know, we require parent-teacher conferences about the educational progress of the child. This is not about activities that the children are involved in to allow them to go do that. This is for conferences to talk to the teachers and staff about the educational progress of the
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Representative Tim Summers Unverified 8:49
child. Okay, I'm confused then about the items that list under 2A as educational activity. It says assisting with athletic, music, theater, and I'm sure I'm just not understanding, and I apologize for that. Well,
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Speaker 49 9:04
where do you see I'm looking for that? On page 2.
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Representative Eddie L. Cheatham Unverified 9:18
Mr. Summers, I believe that's existing law already. We're not making a change to
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Speaker 34 9:29
that. That's there already. Isn't that correct, Senator Jeffress? And I'm sorry. I may have misinformed the committee a moment ago about this being just for parent-teacher conferences for the educational development of the children. But you're right, Chairman Cheatham. This is already existing legislation, and all we're doing is allowing pre-K children's parents to be involved, and also this one child that I know of who is over 18 that's in an institution of some sort that is a developmentally
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Representative Tim Summers Unverified 10:05
challenged child. So does that mean, then, saved
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Speaker 59 10:14
by the bell, excuse me.
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Speaker 29 10:16
First, Mr. Hall, can you
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Speaker 62 10:19
hear me now? Mr. Hall, Peggy called, I understand. That was you calling.
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Representative Tim Summers Unverified 10:31
I might understand that in a hypothetical situation, if you had both parents and grandparents and just say all of them worked for the state, and if they had a child and they volunteered to go to a classroom program or an athletic or music event, all four of them would have paid time off for that? I don't think so,
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Speaker 34 10:55
Mr. Summers. As I said a moment ago, I think this is for a parent to go do that. I'm just speaking hypothetically, as you said, too. We can think of any number. We can create scenarios until the kingdom comes that would raise our eyebrows, But I don't think that that is what the intent and purpose of this is, and I don't know. I've never been told that it's being abused. The problem we have, and I hope you understand this, and unfortunately the problem we have is we have a dearth of parents who are wanting to go to these parent-teacher conferences. We have a hard time getting anyone there as it is. And, you know, if a parent, mom and a dad both wanted to go, I certainly don't think it would be a bad thing. But I'm sorry, I can't answer your other question about that. I
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Representative Tim Summers Unverified 11:45
guess my concern is just it appears to me that it's pretty
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Speaker 34 11:50
open-ended. But the only thing I can say to that is, you know, parents just being what they are, this is existing legislation that's been on the books for a number of years, and I've never been made aware that it's being abused by anyone. We're just trying to add preschool children to the list and also developmentally disabled children no matter their age, and that's all we're trying to do.
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Representative Tim Summers Unverified 12:15
It sounds like if I've got a problem with it, it should be with the previous existing bill. Well, yeah, and,
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Speaker 65 12:23
you know, I'm sorry that I can't answer it any more definitively than that, but the
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Speaker 34 12:29
question never came up anywhere, and to my knowledge, I've never been made aware that it's being abused. And like I said, I would hope that we would have, if there are problems occurring with parents, everybody wanting to come, that that's a good problem to have.
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Representative Randy Stewart Unverified 12:47
Thank you, Senator. Thank you, Mr. Chairman. Thank you, Mr. Summers. Representative Stewart. Yes, just a follow-up. And I think, if you will refresh my memory, there is a limit to one day per year or
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Speaker 34 13:00
one day per semester. I'm not certain of that. It was in the original
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Representative Randy Stewart Unverified 13:04
legislation, but. Okay. I think it's not open-ended. I think we did put a
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Speaker 34 13:07
limit on it on the number of days. I don't know if there's anyone here from the State Department that can answer this question or not. But, you know, I can hold this back if you'd like for me to get those answers. Certainly, Ms. Summers, there's no great timeline or deadline to pass this just so we get it. Senator, of course, it's your
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Speaker 4 13:25
will, your bill. Let me just pull it down, and
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Speaker 34 13:27
we'll try to get these questions answered because I don't want anybody to go out of here thinking I tried to do something that, you know, before they
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Speaker 65 13:35
got all their questions in. I've got a couple
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Speaker 74 13:38
more questions. Let's go ahead and take those since you're here. Representative Carnine. Thank you, Mr. Chair.
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Representative Les "Skip" Carnine Unverified 13:50
In terms of do you remember on the original bill, and this may be another issue, When you've added the pre-kindergarten program, does this, is there anything in this that would require that it be a state-approved pre-kindergarten program, or is this open-ended? I think it's open-ended. Okay. The second, well, again, obviously, on most of the pre-kindergarten programs, there's income qualifications. That's one of the things I was maybe making the point. Do state employees, is there a level of pay which they would technically qualify at the lower ends for their children to attend the pre-kindergarten programs? I know under special services that this is not an issue. Yeah. And that's another question I guess we need
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Speaker 34 14:48
to try to seek an answer to. And certainly I'll pull the bill down, and we'll try to get those questions answered for you and Mr. Summers and anyone else. If you have one, if you'll identify the questions for me, I'll get you the
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Representative Debra M. Hobbs Unverified 15:07
answer. Mrs. Hobbs, I think you were next. Thank you, Mr. Chair. Thank you, Senator Jeffress, for your willingness to get these answers. And I'll just throw this one out to you, and you may already know it. But I assume that what this does is just define
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Speaker 81 15:23
what constitutes pay leave. Is that correct?
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Speaker 34 15:26
No, this bill doesn't do anything like that. It just adds pre-kindergarten to the existing language. Right. You'll have to look at the existing language to see if that defines
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Representative Debra M. Hobbs Unverified 15:36
it. Yeah, okay. Okay. Okay. And is it correct that employers still, if, you know, if this is not a good day and they have a lot going on, they still have the option of saying, you know, I can't let you go today? Well,
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Speaker 34 15:53
we're not talking about any employer. We're talking about the state. Right. And that's what I'm talking about, though. And, you know, parent-teacher conferences are set a year. Once the school year starts, the calendar is set. These parents know that. They should work with the employer ahead of time to try to work all these things out. I know that's not, we don't live in the best of all possible worlds. But, you know, in a situation where a parent who really is involved with their child, they should go to their employer and, you know, tell them these are dates that I need to go have. And we're just talking an hour or two leave, you know, not an all-day affair to go shopping. You know, this is just time off in order to go to the school for the conference and
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Representative Debra M. Hobbs Unverified 16:39
back to work. Well, I know, at least in our area, most schools have evening parent-teacher conferences to address that. And so I guess what I'm wondering is if a parent can come in and say, well, I've got an appointment, you know, at this time or this day, so you have to let me off. Is that correct? I will get the original language,
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Speaker 81 16:57
and we'll go through all this. Thank you. Thank
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Speaker 88 16:59
you, Mr. Chair. Thank you. I have one other question, Representative Clemmer.
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Representative Ann V. Clemmer Unverified 17:05
Thank you, Mr. Chairman. Thank you, Senator. I have one question. I think maybe we've been asking around it, and I just want to be clear when we come back. This is – we're not – are we giving them one extra day of leave? No, I don't think so, as I was
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Speaker 34 17:20
telling Ms. Hobbs. I think this is just time enough to go to the school for a conference and then back to work. But I'll – But I mean the previous legislation – Yeah, I'm going to get that previous legislation,
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Representative Ann V. Clemmer Unverified 17:32
and we'll look at it, and I'll bring it back. Okay, I guess my question, though, just surrounds, is it a little bit of the extra time off than your normal leave time?
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Speaker 34 17:43
Yes, I believe it's extra above and beyond what you're already given. But there
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Representative Ann V. Clemmer Unverified 17:48
is a finite amount of time, you believe, in the original legislation. I think that's our question, is the number of hours, if it's eight hours, and if it's adding to that leave. Yeah, I will get the
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Speaker 34 17:58
original legislation, and we'll look at it and try to get everybody's questions answered, and I'll try to get with you on that, too. Okay, thank you.
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Representative Eddie L. Cheatham Unverified 18:05
Senator, if you don't mind, I think I'll
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Chair Unverified 18:08
have Mark pull that code and e-mail to the committee, each member, so we can look at that before we meet, if that's okay with you.
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Representative Eddie L. Cheatham Unverified 18:15
Absolutely, sure. Okay, okay. Senator, I'm sorry, I really wasn't serious a while ago when I said we just passed one bill a month, city bill a month. But the conversation is good.
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Speaker 13 18:26
But good points raised, and we appreciate you coming back. And,
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Speaker 34 18:29
committee, again, this is not the law. I mean, the law is already here. I'm just trying to add a couple of situations to the existing law that would be covered. And I bet you didn't even know that we had a problem with the existing law until I came down here today. So aren't you glad I came here? It's a good thing. Thank you, Senator. All right. Thank you, committee. And I will be, like General MacArthur, I
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Speaker 101 19:05
shall return. Okay. Okay. okay what do you say committee next on the agenda
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Representative Eddie L. Cheatham Unverified 19:19
I think Mr. Carnot you're next but I think you told me 1296 you're going to pass
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Speaker 62 19:26
over excuse me Mr. Chairman. 1296, you're going to run today? Yes. 1097, I'd like to pass
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Representative Eddie L. Cheatham Unverified 19:32
over. Okay. All right. Do you want
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Speaker 80 19:38
to go ahead and run 1296, Mr. Carnine?
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Speaker 105 19:56
Thank you, Mr. Chairman. I have with
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Representative Les "Skip" Carnine Unverified 20:13
me Mr. Goff from the Department of Education, and he's going to be the technical expert on this bill. And for the explanation of the bill, I'm going to turn to Mr. Goff at this point in time and ask him to make any comments and identify himself.
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Bill Goff Unverified 20:33
My name is Bill Goff. I'm Assistant Commissioner for Fiscal and Administrative Services with the Department of Education. And I have written out a few words explaining this with the Chair's permission. I would like to hand this
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Speaker 109 20:52
out to the committee members.
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Bill Goff Unverified 21:07
when you're discussing the revenue receipts of a school district you're talking about two different assessment tax assessment years two different tax collection years and the school district fiscal year doesn't correspond to any of those so therefore it gets complicated in a hurry when you start talking about it the intent of this legislation is to simplify how districts report their property tax receipts and let me stick to the script now and and read what you have before you a school districts fiscal year begins July 1st and ends the following June 30th. Therefore, it receives property tax revenue from two different tax years. Current law defines receipts of a school district as its beginning fund balance, remaining property taxes from the calendar year the school year begins, 40 percent of the property tax is not pledged for debt service from the following calendar year, net proceeds of all other funds accrued or placed to the credit of the district during the fiscal year. That third bullet is known as the 40% pullback. Districts must compare their tax collections from March through June to a calculated amount based on property assessments times mills other than debt service times 40%. If districts collect less than this calculated amount, they accrue the difference at June 30th. In other words, they record the difference as revenue, and it is reflected in the school district's fund balance. If districts collect more than this calculated amount, they defer the difference. In other words, they record the difference as deferred revenue that is not available for district expenditures until July 1st of the following fiscal year. House Bill 1296 will, beginning with the 2011-2012 school year, start phasing out the 40% pullback provision. A district will record property tax revenue in the year received, but will have the option of accruing additional revenue based on a gradual phase-out of the 40% calculated amount. The phase-out will prevent a district that is now accruing additional revenue from having a substantial one-year decline in its legal fund balance. In other words, this
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Speaker 114 23:29
will convert to a cash basis method of recognizing property tax
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Representative Eddie L. Cheatham Unverified 23:37
revenue. Committee, Dr. Carnot, do you need to address anything? Well, I
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Representative Les "Skip" Carnine Unverified 23:41
think the last statement is the purpose of this. I know many of you, and I certainly have had a number of school districts, The personnel, superintendents, business managers talked to me about trying to modify the 40 percent pullback provision simply because we think it's appropriate now to move to a cash basis plan. Now, I will also say this, and that this is going to accelerate a need for the state to modify the school district budgeting process, which we anticipate that will probably take the next 18 months to work through that. But this is the start of a process to go to a cash basis. We think that's the most appropriate way for the state of Arkansas to move forward. This is a – I will say this particular process was started back really during the Depression years as a way to deal with issues in terms of collections, both of property tax and state receipts. So from that standpoint, this is the first move to reform our budgeting process in the state of Arkansas.
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Speaker 62 25:02
Thank you. Committee, questions? Representative Summers, do you have a question? My phone won't ring. I'll shut it off,
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Representative Tim Summers Unverified 25:16
Mr. Chairman. I do have, and Mr. Goff, I'm more visual on these things, and I just have a hard time sitting down and getting my hands around this. Have you got maybe a comparison of how this would work in a couple districts that you could give us starting with the fund ballots and work us through exactly what the numbers
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Bill Goff Unverified 25:43
mean? Yes, sir. In fact, I've got a spreadsheet with me. I only brought one copy. I'll be glad to leave that with Mark for our handout. But if I can summarize that, because approximately 50 percent of the districts in the state are accruing additional revenue at June 30th, and approximately 50 percent of the districts are deferring revenue that they've collected, but they cannot recognize as revenue until the following fiscal year. So that's about how it works out numbers-wise. Now, the amount being deferred by school districts is substantially greater than the amount being accrued by school districts. Those deferring school districts are typically those in high-population areas. A lot of times it's due to a lot of housing within the district where the homeowners are paying their taxes through an escrow account at the mortgage company because the mortgage company is required to pay those taxes in April of each year. So, therefore, those districts are collecting faster than a district without a lot of housing. But I think statewide those districts are deferring about $83 million of taxes they've collected by June 30th, but they're deferring the revenue into the following fiscal year.
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Representative Tim Summers Unverified 27:04
Is the problem because of the different timelines that things occur in collection of taxes and physical years?
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Bill Goff Unverified 27:14
Yes, sir, it is. It is definitely just a timing issue. And the key component of that is when do taxpayers pay their taxes. And it does vary from district to district. And I
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Representative Tim Summers Unverified 27:27
think it said in here somewhere that it was optional to school districts? The way this
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Bill Goff Unverified 27:34
is worded is that if a school district collects the revenue by June 30th, then they must recognize it in the year it's collected. So that part's not optional. Now, those that are accruing additional revenue, they do have the option of going ahead and converting to cash bases during the 11-12 school year. Or they can go through the phase-out process, process, which basically we're reducing that 40 percent by 4 percent per year until it's completely gone. So a district would have the option of immediately converting to cash bases, which we suspect a lot of them will do, or gradually phasing out that accrual option.
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Representative Tim Summers Unverified 28:19
There's always two sides to everything. What's the
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Bill Goff Unverified 28:24
other side of this? And that's a good question. I mean, we've talked to a lot of people, and we feel like there is wide support for this change. The 40 percent pullback, as I said a while ago, it's difficult to explain. So, therefore, school administrators oftentimes have a difficult time explaining to their school boards why they have money in the bank that they can't recognize as revenue or why they are accruing additional revenue they haven't received yet. So the complexity is difficult to explain. And one other question, is
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Representative Tim Summers Unverified 29:03
there any concern from the audit side regarding this change that you're aware of? I have talked to audit
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Bill Goff Unverified 29:11
and was told that they have no problem with this change. Thank you, Mr. Goff. Thank you, Mr. Chairman.
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Representative Eddie L. Cheatham Unverified 29:20
Thank you, Mr. Summers. We have two more questions,
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Chair Unverified 29:23
but I guess before those, let me just ask quickly. Well, Representative Carnot, and you've vetted this
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Speaker 62 29:29
pretty thoroughly with other organizations that have been very closely monitoring what you're trying to do. Yes.
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Representative Les "Skip" Carnine Unverified 29:35
I think this is one in which we've probably received more requests to update our process, and this 40 percent pullback has been the number one thing. Now, that doesn't mean that when you first mention that you want to make this change, either that they can make it automatic, just do it, or they can go through a process of phasing it out, that there hasn't been indeed some questions. But I would suspect we could ask any of the school boards, administrators, associations. This has been up and available to be looked at, and we've actually, I think, this probably has been the one that they've looked at the most originally. MR.
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Bill Goff Unverified 30:22
May I make one comment? MR. Yes, sir. MR. Dr. Dr. Kimbrell just informed me that there was one amendment suggested by the Administrators Association that I thought was in place, but apparently it has not been amended, and that That is to say that this change alone will not put a district into fiscal distress. In other words, if a district has been accruing revenue at June 30th and they stop doing that, their fund balance will be less than it had been under the accrual process. We had said it would be okay to amend to say that this accounting change would not by itself put a district in fiscal distress. That wording was provided, but apparently it has not been amended at this point. And I think this is
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Representative Les "Skip" Carnine Unverified 31:13
one in which this one's, I was just made aware of this, that evidently it's because of all the other bill activity has not gotten here. I didn't realize it hadn't gone in. Mr. Carnot, you may want to. I think this is one in which I probably should have started just like I did with the first one, and that
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Representative Eddie L. Cheatham Unverified 31:33
is this needs to be pulled down for the day.
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Representative Les "Skip" Carnine Unverified 31:37
Yes, sir. You need to pull it down a minute and then bring it back. But we have a couple other questions, if you want to address those while you're here. Well, and let me mention what it is so that the next time hopefully we'll have it. One of the things we did recognize is that districts, and, again, as a percentage, it's quite small, but there are those that are in a situation with fiscal distress, that they're right on the borderline. And this particular would allow them to be held harmless under this provision of the automatic. It's going to take them a little bit longer to get to a cash basis, which I think is the appropriate way to go. And so that is the amendment that I thought we had already run, but it is not. So, see, I didn't recognize it this morning. I was talking about two of the other bills that we're trying to get done. So I, again, apologize that it's not there with it, and certainly we're available to answer any additional questions. Okay.
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Representative Eddie L. Cheatham Unverified 32:38
Thank you. I had Rep. Stewart, do you still have a question or do you want to? Okay. Thank you, gentlemen. Thank you for coming, and we'll see you in a few days. Okay. Rep. Roebuck is requesting we
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Chair Unverified 32:52
pass over House Bill 1412, but I believe she is going to run 1433 at this time.
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Representative Johnnie J. Roebuck Unverified 33:10
Thank you, Mr. Chair, and I've asked Philip Young to join me at the table as my co-presenter. Excuse me, you may proceed. Thank you, Mr. Chair. Members, we bring today House Bill 1433, and it may look like a simple bill, but let me tell you that there are many hours, blood, sweat, tears, a little blood on this bill. But we started working on this, I did, some time ago in asking some questions about our educational cooperatives. cooperatives, and I want to start by saying, prefacing the presentation of this bill, that I am probably the best friend that the educational cooperatives have. So this is not anything against cooperatives. In fact, I worked for a cooperative for five years, and looking back in my career, it was probably the best five years of my life. I loved working for the cooperative and helping school districts. Saying that, I just wanted to give you a little background. In 1981, we were actually at the Capitol. I'm an old lady, and I was here when we actually passed Act 860, and that was a huge day for us to begin to help school districts around the state by pulling together a service center around our state, and some of you in the room, you were here at that time as well. Since that time, since 1981, we've actually had 13 additional acts that have impacted the cooperatives. And so this has been something that as time has gone on, it's been a work in progress. And each time that we had a new act and we amended, the co-ops became stronger and it clarified and defined how important they are to the education of our children in the state. And we started in 1983 with five pilots, and so that was very important to us. I was actually employed by one of those pilots. So I've been at this from the very beginning, and I cannot say enough about how wonderful it is to have educational service cooperatives. In fact, Dr. Benny Gooden, are you in the room, Dr. Gooden? He's not here. But last night, as I was reading through my hundreds of e-mails, there was one from Dr. Gooden, and he gave me his legislative notepad from the Fort Smith Public Schools. And I don't know if you read Dr. Gooden's work or not, but he's usually right on target. Not always. Sometimes I disagree. But last night he was right on target. It dealt with the cooperatives, and he talked about the history of those cooperatives and how important they are to us. And so we understand that, and today I confirm what Dr. Gooden has said. Now, then why do we need this bill? The cooperatives are doing independent audits, and they are certainly evaluating themselves, but we have in the current legislation, we talk about having a schedule for evaluations that's established by the commissioner. And so you'll see in this bill that we actually say that each cooperative shall be evaluated and will start with the 12-13 school year, and they will be evaluated at least once within each five-year period. So it's not an annual. It's within each five-year period. You'll also see that the final evaluation, including any self-evaluation, will be included in an annual report that will be made available on their website. Now, in my office upstairs, I have all 15 annual reports, and I've gone through all 15 since we started working on this back in October. And so what we're saying to the co-ops in this bill is that you don't have to send those anymore to all of us. You can put them on your website, and that will be the way that you will actually present your final evaluation and your annual report. So that's a plus for us saving paper and trees. The evaluation criteria, if you'll look at page two, will be developed collaboratively between the Department of Education and the directors of those 15 co-ops. And we are giving them until September the 1st, 2012 to define that criteria. Now you'll also see that as they are developing that, that cooperatives will be ranked. And so you'll see the ranking there. And then you also see that if a cooperative receives a performance category level of level one for two consecutive years, then the department has a choice to either withhold the base funding – and we understand, and Dr. Gooden pointed that out – that's minimal funding for these co-ops. We know that. But the base funding would be withheld, and also the department would take over, could, or take over administration of the co-op. And so the Department of Education would set the rules for carrying out this bill. And I'm very pleased to tell you that all of the co-op directors have met extensively to discuss this. I met with them back in November. In fact, it was Election Day and pouring down rain. When I met with them, I still remember. And they were very open to discussion. And since that time, they have worked with me very collaboratively to bring this bill to you. And Philip Young is here sitting beside me representing those co-op directors. And with that, Mr. Chair, we'll take questions. And I will call on Mr. Young if you will permit for him to make a few comments. Yes, that
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Representative Eddie L. Cheatham Unverified 39:09
will be fine. Recognize yourself the record, please, and you may proceed.
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Speaker 134 39:15
I'm Philip Young, Director of the Arch Fort Education Cooperative.
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Speaker 135 39:20
We appreciate so much Dr. Roebuck in working with us since the fall. We have met several times with her, and her goal has been one that we have learned to share with her. And it reminds me of we feel like that we have a lot of credibility in the state as witnessed by Dr. Gooden's letter and other comments from superintendents across the state. But as with credibility, you have to always maintain it. And without accountability, there cannot be much credibility. And so we do understand and recognize this as increased accountability for us, that we must prove that we are meeting the needs of our school districts and prove to everyone that is a stakeholder in the funding that we receive and the work that we do. So we appreciate it very much, Dr. Roebuck, and we do support the bill and look forward to working with the Department in developing some real evaluation criteria that mean something.
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Chair Unverified 40:24
Thank you, sir. Thank you for being with us. I believe I have a question. Mr. Stewart,
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Representative Randy Stewart Unverified 40:31
I believe, is first. Yes. Thank you, Mr. Chair. I think this is a really good bill, but I've got one question on the one part of it. paragraph or the first page it talks about everyone will be evaluated in 2012, 2013, and then again at least once within each five-year cycle. So it could be four years between visits. So then turn over to page two on the back, and it says, for all education cooperatives that receive a performance category level of one for two consecutive years, but you wouldn't have consecutive
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Representative Johnnie J. Roebuck Unverified 41:05
years. MS. That's correct, Mr. Stewart, and as usual,
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Speaker 138 41:08
you are a great student of the process. That probably should say evaluation cycles. MR. Two consecutive evaluations. It's
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Representative Randy Stewart Unverified 41:21
always nice to point out a mistake by your teacher. I'm her former student.
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Speaker 140 41:27
MS. And I'm sure the reason you're able to do
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Speaker 142 41:31
that is because of your professor that It taught you how to critically think and read. Rep. Summers,
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Speaker 62 41:39
you had a question? No, I love the bill, and I'd love to make a motion at the proper time. Rep. Klemmer. Mr. Chair,
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Representative Johnnie J. Roebuck Unverified 41:49
if I could, we will, Mr. Steerick, promise you that we will amend on the Senate side.
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Representative Ann V. Clemmer Unverified 41:57
Thank you, Mr. Chairman. Representative Robeck, I have a little bit of a problem if an educational co-op has a one that we would wait potentially four years, would there be a way that we could, I mean, if you're in immediate need of improvement to wait possibly four years? I mean, I know that wouldn't have to be the case, but might it be that it would go four years before you would come back? Because I don't know. I mean, I like what you're
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Representative Johnnie J. Roebuck Unverified 42:35
doing. I just. And that's a good question, Representative Klemmer. And when the department, and we did discuss this, when the department is setting the rules, and certainly, you know, we could do something there or we can also do it here, But I think the department will, in concert and collaboration with the co-ops, discuss how that would be done, that if you were in a one that you might have some things that you would do. It wouldn't be a full evaluation, but you might have something that would be submitted later, and they would be working with you during that time. It wouldn't be like you just get a one and then we forget about you. But you get a one and then there are things that the department will do to help you and other co-ops certainly will be working with you. So it's not just like we're going to leave you alone and then come back and give you a one later.
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Representative Ann V. Clemmer Unverified 43:26
It's an indicator of need. Okay, that sounds like a great way to approach it. I just would hope that they would know our intent would
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Speaker 93 43:33
not be for them to be without follow-up for a few years.
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Representative Johnnie J. Roebuck Unverified 43:37
It would be an ongoing process if someone were in one that their colleagues would help them, but also the department. Okay, thank
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Representative Eddie L. Cheatham Unverified 43:48
you. Committee, any additional questions? Seeing none, we'll go to the audience. Anyone want to speak against this bill, for this bill? Mr. Abernathy, are you standing for a reason? Very good, very good. Would you identify yourself for the record, please, and you're speaking for this bill.
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Speaker 149 44:09
Richard Abernathy, director of AAEA, And I just want to compliment Dr. Roebuck for working with our cooperative directors because there has been a lot of blood, sweat, and tears on this particular piece of legislation. But at the end, when the administrators evaluated it, we do believe that it will enhance our co-ops, make them a little more accountable. But we also know that we cannot survive in the world of professional development without our co-ops assistance. So we certainly support the bill and we support Dr. Roebuck's effort in leading this legislation.
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Chair Unverified 44:43
Thank you for your comments, sir. Anyone else in the audience speaking for or against? Seeing none, we're back to repetitive Summers. Motion do pass. And Dr. Roebuck, I believe you did say you would amend this bill on the Senate side to clarify the questions that have been brought forward. I certainly will. Thank you, sir. And we hold you
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Representative Eddie L. Cheatham Unverified 45:06
at your word, because I know your word is good as maybe gold. It's my student's. Maybe gold. Thank you. Committee, we have a motion to do pass. All those in favor say aye. All opposed, like a sign. I believe the ayes have it. Thank you. Committee, next on the agenda, we have now House Bill 1435. I do not see Mr. King in the room, so we'll pass over that at this time. House Bill 1479 is the one we're putting on special order for Thursday. House Bill 1527, and I think that may be me. And I believe I will, if I can find it up here.
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Speaker 15 45:47
I'll get Dr. Roebuck back up here, and she can run this. Thank you.
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Representative Johnnie J. Roebuck Unverified 46:34
Mr. Chair, you're recognized to present House Bill 1527. Thank you, Madam
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Representative Eddie L. Cheatham Unverified 46:37
Chair. I'm looking for Mr. Woods, and he's hiding. Evidently, he's supposed to be up here with me to explain all the questions you have. I've got a substitute, which may be better. I don't know. And if your substitute would identify
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Representative Johnnie J. Roebuck Unverified 46:52
himself for the record, please. My name is Bill Goff, Assistant Commissioner
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Bill Goff Unverified 46:56
for Fiscal and Administrative Services, Department of Education. Mr. Chair, you're recognized to present your bill
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Representative Eddie L. Cheatham Unverified 47:04
Thank you, Madam Chair Committee House Bill 1527 Really just clarifying some definitions Related to the bonded debt assistance for school districts And of course it's pretty short But it's pretty critical Some things we've done And we would entertain questions And I'm going to let my partner here Explain things that are a little more over my head thank you madam
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Chair Unverified 47:38
chair members questions members questions seeing no questions
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Representative Johnnie J. Roebuck Unverified 47:43
see anyone in the audience wish to speak against the veil for the veil
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Chair Unverified 47:52
seeing none mr. chair would you like to close for
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Speaker 75 47:56
your bill? Madam Chair, we're closed. Mr. Chair is closed. Motion.
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Chair Unverified 48:00
Representative Pierce, you're recognized for a motion. Do pass. Do pass. What's the will of the committee? All in favor? Aye. Any opposed? No. Mr. Chair, you've passed your bill. Thank you,
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Representative Bobby J. Pierce Unverified 48:15
Madam Chair. Thank you, committee. My partner just reminds me that
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Speaker 154 48:40
Mr. Woods could have done any better than he
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Representative Eddie L. Cheatham Unverified 48:43
did Mr. Pierce are you going to run Senate Bill 138 yes Mr. Chair you may get in the table there Do you have someone coming with you? Good. Okay. Okay, all right. Would you each identify yourself
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Speaker 67 49:07
with the record, please? Then you may proceed. Good morning. I am
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Speaker 155 49:15
LaVita. I'm LaVita Wills-Hale, and I'm with the Arkansas Out-of-School Network.
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Speaker 156 49:18
Paul Kelly with Arkansas Advocates for Children and Families. Thank you, Mr.
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Speaker 158 49:25
Chair. If you'll look on the front
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Speaker 160 49:28
page of this bill from Section 24 down to 30, you will see basically what the bill says. If you'll read that. This bill came about from like four years of working with this to get this bill up to where it is right now. We started out in Tennessee, and we came to here. And after they got through with us in Tennessee, the first 30 minutes of laughing because we had a Bubba and a Bobby Joe in the audience working on this bill, they decided we were serious after about the first hour of it. But the Bobby Joe and the Bubba, they just couldn't understand that. But we got them past that, and we've been working on this bill ever since. Mr. Representative Powers and Senator Keyes and me have been working on this with the other ones here. and this bill is for one thing it's to keep our kids in the afternoon from getting in trouble because as everybody knows the time kids get in trouble is usually from 3.30 to 5.30 that's when they end up in trouble and this bill is going to try to keep the rate of dropouts and the rate of people going to the juvenile centers low because our expense for a kid is somewhere around $64 to $6,200 somewhere in there but to put one in the juvenile center is $84,000 so we can save a lot of money by working on these programs. And the physical impact to the state of Arkansas, if you'll look at your green sheet, it says no impact to the state treasury. So that's what we're working on there. And if you have any other questions, my two partners here will be glad to answer these questions, and I will answer what I can. Thank you.
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Representative Tim Summers Unverified 51:13
Committee, questions? Representative Summers? Thank you, Mr. Chairman, and I know these after-school programs do a tremendous amount of good in Benton County, the Boys and Girls Club, very involved. It talks about the grant programs, where do the dollars come from for the
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Speaker 156 51:32
matching part of it? Well, each person or each entity who applies for a grant will have to provide a 20% match and that match could come from the same sources that they may be using to fund their current program if they were able to raise that money, or a school could contribute some of Title I or some 20 percent local funding for that, and then 80 percent would be state funding. And, again, this is authorizing and enabling legislation so we can sit down for the next couple of years and write the rules and regulations to everyone's satisfaction. So, hopefully, by then, revenue situation will improve and we'll be in a position to ask for state support for these programs. But, again, we'd like to spend some time working all this out So we can give you a good product to consider when it comes time to ask for funding, and everyone has reached some agreement about how this will actually work. You know, the devil is always in the details.
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Representative Tim Summers Unverified 52:47
Don't you all have some tremendously supportive data proving the good work that this does, some outcomes? Yes, I have a
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Speaker 164 52:55
copy of a report that I
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Speaker 156 52:58
know I've sent to all of you all. But, yes, the research, this is why Arkansas Advocates is so interested in getting this bill passed because the research on this is very clear that it really improves educational outcomes, reduces juvenile delinquency, and many of the risk-taking behaviors that occur when children do not have healthy, productive things to do with adult supervision during times that they are out of school. And it also really relieves some pressures on working families who, you know, if you just gather around the water fountain when summer's coming, everybody's talking about what they're going to do for their kids, with their kids, that will keep them out of trouble during the summertime, which is also a time when a lot of learning loss occurs, particularly for those kids who are struggling in school. Thank
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Chair Unverified 53:52
you, Mr. Chairman. Thank you, Mr. Summers. Vice Chair Roebuck has a
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Representative Johnnie J. Roebuck Unverified 53:58
question. Thank you, Mr. Chair. Just want to go back and refresh my memory. The Governor's Task Force on the after-school and summer programs, what year was that report released?
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Speaker 165 54:08
August of 2008. And I think that's
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Representative Johnnie J. Roebuck Unverified 54:11
important for us to know that sometimes we receive reports, and that was a very pretty report, by the way, your cover. And we put them on our shelf, and sometimes we forget about them. And that report to me was very timely, and I was so glad to see this bill because it comes right out of that report and those recommendations. I don't know, Mr. Chair, if there are people in the room that served on that task force, but I think it would be appropriate for us to know if they are here, if they would stand and let us know that their work is being appreciated today. Are there people in the audience that have served on that, that did serve on that task force? I know so many of them were practitioners. I know that Pat Dunlow-Wright served as the chair of that committee, and since she's one of my constituents, I'd like to particularly thank her publicly, but she's doing good work today and not here. But that was my concern when I read the report that we would how in the world were we going to do some of
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Speaker 146 55:12
those recommendations, so I applaud you for bringing the bill, Mr. Pierce.
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Representative Eddie L. Cheatham Unverified 55:16
Thank you. Thank you, Mr. Chair. Thank you. Representative Clemens, did you have a question? Or
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Representative Ann V. Clemmer Unverified 55:23
did I just dream that? I don't know. I might have, but I think I can hold
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Representative Eddie L. Cheatham Unverified 55:28
it. I know these are worthwhile programs. Thank you. Committee, any other questions? Seeing none, anyone in the audience wants to speak against this bill, for this bill? Seeing none, committee,
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Chair Unverified 55:41
Representative Summers, do you have a motion? Do pass. Do pass. All those in favor say aye. Aye.
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Representative Eddie L. Cheatham Unverified 55:46
Opposed, like a sign, believe the ayes have it. Thank you, Representative Pierce, and ladies and gentlemen, thank you for the work you do. Committee next, we have on the agenda Senate Bill 273. I don't see Senator Elliott in the room, so we'll pass over that. Senate Bill, let's see, Senate Bill, House Bill 1727, Representative Carter. I do not see him in the room. Anyone want to run that bill? Last, we have House Resolution 1020, Representative Letting. He is in another committee running some bills, and Representative Summers has so graciously agreed to run this resolution for him. Recognize yourself with the record, please,
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Representative Tim Summers Unverified 56:34
and you may proceed. Tim Summers, this is House Resolution 1020, commending the University of Arkansas for its academic accomplishments and elevation to the highest classification bestowed by the Carnegie Foundation for the advancement of teaching among United States universities. Thank you, sir. Any questions or
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Chair Unverified 56:56
comments from the committee? Seeing none, anybody in the audience wants
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Representative Eddie L. Cheatham Unverified 57:02
to speak against or for this resolution? Seeing none, committee, we're back to you. I would entertain a motion. Motion to
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Chair Unverified 57:08
pass by Representative Stewart All those in favor say aye Opposed? Like a sign I believe the ayes have it Thank you Mr. Summers
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Speaker 62 57:19
You did a wonderful job running that bill Thank you Mr. Chairman That's the way you run these
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Representative Eddie L. Cheatham Unverified 57:28
Committee the only other bill that I see on the active list I believe is House Bill 1032 And I didn't see that representative in the building So we will pass over that bill also Committee anything else? We remind you of the function tonight. We'd like to see each of your smiling faces there. If nothing else, meeting adjourned.
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Agenda

Call to Order

0:47

SB384

3:47

SB306

5:03

HB1296

20:31

HB1433

33:03

HB1527

47:11

SB138

49:02

HR1020

56:23

Adjournment

57:48

Documents

No documents posted.

Speakers

Speaker 2
1 segment
Representative Eddie L. Cheatham Unverified
46 segments
Chair Unverified
16 segments
Speaker 19
3 segments
Speaker 20
1 segment
Speaker 33
1 segment
Speaker 34
30 segments
Representative Randy Stewart Unverified
7 segments
Representative Tim Summers Unverified
21 segments
Speaker 49
1 segment
Speaker 59
1 segment
Speaker 29
1 segment
Speaker 62
6 segments
Speaker 65
2 segments
Speaker 4
1 segment
Speaker 74
1 segment
Representative Les "Skip" Carnine Unverified
13 segments
Representative Debra M. Hobbs Unverified
3 segments
Speaker 81
2 segments
Speaker 88
1 segment
Representative Ann V. Clemmer Unverified
8 segments
Speaker 13
1 segment
Speaker 101
1 segment
Speaker 80
1 segment
Speaker 105
1 segment
Bill Goff Unverified
19 segments
Speaker 109
1 segment
Speaker 114
1 segment
Representative Johnnie J. Roebuck Unverified
23 segments
Speaker 134
1 segment
Speaker 135
2 segments
Speaker 138
1 segment
Speaker 140
1 segment
Speaker 142
1 segment
Speaker 93
1 segment
Speaker 149
1 segment
Speaker 15
1 segment
Speaker 75
1 segment
Representative Bobby J. Pierce Unverified
1 segment
Speaker 154
1 segment
Speaker 67
1 segment
Speaker 155
1 segment
Speaker 156
7 segments
Speaker 158
1 segment
Speaker 160
4 segments
Speaker 164
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Speaker 165
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Speaker 146
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