98RS HB882


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HB 882 (BR 2204) - J. Barrows

     AN ACT relating to elementary and secondary education and declaring an emergency.
     Create new section of KRS Chapter 157 to provide for a five percent annual increase in the base guarantee level in the Support Education Excellence in Kentucky funding program; create new section of KRS Chapter 160 to establish the position of finance officer hired by the superintendent with the qualifications and training requirements established by Kentucky Board of Education; amend KRS 7.410 to require the Office of Education Accountability to develop a formula for evaluating the impact of funding allocation and disbursement on per pupil revenues and expenditures; amend KRS 157.390 to require the Department of Education to create a comprehensive professional compensation plan for certified staff and a plan to expand access to the education technology network to education advocates; amend KRS 158.785 to delete the three year time limit on the status as a state managed school district; amend KRS 160.190 to permit member chosen to fill a vacancy on the school board due to resignation or removal to serve for the duration of the unexpired term; amend KRS 156.132 to apply the procedures for removal and suspension of school officers to the removal of school officers in deficit districts; amend KRS 160.550 to provide the removal of school officers who cause deficits; amend KRS 156.255 to 156.295 to establish the Office of School District Audits attached to the commissioner's office to conduct annual audits of school boards, issue subpoenas and require information under oath, and establish penalties for failure or refusal to cooperate with auditors; create the Advisory Committee for School District Audits to review and make recommendations regarding school finances, and permit school district to contract for audits; amend KRS 161.800 to authorize superintendents to reduce the number of teachers and administrators under certain circumstances and to restore personnel based on seniority; amend KRS 160.470 to permit school board to levy tax rate on real property that generates a 4% increase in revenue in conformity with HB 44 and provide for a public hearing on the tax levy; amend KRS 160.473 to require a school district that levies a real property tax rate generating a four percent increase in revenue to levy personal property tax rate that does not exceed the prior year's tax rate; amend KRS 157.621 to permit school districts that had levied a special voted building tax before the 1990 education reform act to levy up to five cents above the Tier I level and provide for a public hearing; require the Department of Education to conduct a study of professional development training in the use of educational technology; require the Department of Education to conduct study of the impact of average daily membership and average daily attendance on the distribution of state funding; and declare an EMERGENCY to exist in Sections 16, 17, and 18 for district boards of education and their authority to levy real and personal property tax rates and special voted building tax rate.


     HFA (1, M. Treesh) - Delete the subsection that established that anyone who knowingly expends or authorizes the expenditure of school district funds or who knowingly authorizes or executes any employment, purchase, or contract, in violation of a budget approved by the Kentucky Board of Education for reduction of the deficit is subject to removal from office as provided in KRS 156.132.
     HCA (1, J. Barrows) - Retain original provisions but delete provisions establishing the Office of School District Audits within the Department of Education; delete provision granting right of restoration to teachers under limited contracts after reduction in workforce; delete language concerning recall votes and reconsideration by school district levying special voted building tax; create the Division of School District Audits in the Department of Education.
     HFA (2, M. Treesh) - Delete all of Section 7 that required that a person be appointed by the Commissioner of Education to fill any vacancy on a board of education due to resignation or removal as provided under Section 9 of the Act to complete the term.
     HFA (3, M. Treesh) - Amend KRS 6.145 to require that if a legislator is forced to leave office because of conviction of a felony or resigns under indictment or investigation, the legislator's successor shall be appointed by either the minority or majority floor leader of the House or Senate to fill the remainder of the term.
     HFA (4, K. Stine) - Allow the board of education, at its discretion, to ask the county clerk to place the order or resolution of tax before the voters for approval.

     Mar 4-introduced in House
     Mar 5-to Education (H)
     Mar 6-posted in committee
     Mar 13-reported favorably, 1st reading, to Calendar with committee amendment (1); floor amendments (1) (2) and (3) filed
     Mar 16-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for March 17, 1998; floor amendment (4) filed
     Mar 17-3rd reading, defeated 38-54 with committee amendment (1) and floor amendment (2)
     Mar 19-reconsidered; returned to the Orders of the Day
     Mar 20-recommitted to Appropriations and Revenue (H)

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