state cape reports - abnl · 2013-03-05 · state cape report florida march 2013 hb 859 and sb 962...
TRANSCRIPT
Council for American Private Education
13017 Wisteria Drive #457Germantown, MD 20874301-916-8460 (tel)301-916-8485 (fax)[email protected]
www.capenet.org
Voice of America’s Private Schools
Private education: Good for Students
Good for Families
Good for America
State CAPE ReportsMarch 2013
California Association of Private School Organizations
State-CAPE Report for 2012-13 1. Statewide Private School Enrollment: Attrition Resumes Following a modest increase in K-12 enrollment enjoyed during the previous year, enrollment for the 2012-13 school year current stands at just over 500,000 students in grades K-12, representing a 3 percent decrease. Reported enrollment is a function of compliance with a state law requiring the annual filing of an affidavit. 2. Task Force on Athletic Officials/Referees CAPSO organized a task force consisting of board members, other private school representatives, representatives of the California Interscholastic Federation (at both the state and sectional levels) and public school districts for the purpose of seeking a remedy to the problem created by the lack of mandated criminal record checks for high school athletic officials. 3. Education Tax Credits By the time the SCN meets, CAPSO's board of directors will have considered adoption of the following position statement:
"CAPSO encourages exploration of the creative use of tax policies that benefit students, regardless of the schools they attend, and provide preferences for the economically disadvantaged. At present, we support endeavors designed to secure committee hearings and elicit staff analyses so as to better enable assessments of the economic implications and political viability of particular arrangements."
CAPSO has been involved in the shaping of several "test bills" with the current goal of achieving committee hearings and eliciting staff analyses. 4. Selected Current Bills of Interest SB 131 (Beall): The bill would effectively undo last year's favorable California Supreme Court decision in Quarry v. Doe 1 and reinstate previously time-barred claims against third parties to acts of childhood sexual abuse. CAPSO Position: Oppose AB 10 (Alejo): The bill would increase the state minimum wage from the current $8.00, to $8.25, $8.75, and $9.25 over the course of the next three successive years. The bill has implications for private schools because the exempt employee status of private school teachers requires receipt of at least twice the minimum wage. CAPSO Position: Watch AB 20 (Waldron): The bill would add librarians to the list of "mandated reporters" of suspected acts of child abuse and would establish additional reporting requirements for librarians witnessing documents displaying child pornography within the scope of his/her professional capacity or employment. CAPSO Position: Support AB 389 (Williams): The bill would remove the exemption on fingerprinting/criminal background checks for private school teachers holding valid state-issued teaching credentials (- the possession of which requires applicants to be fingerprinted and undergo a criminal background check). We fail to understand the purpose ostensibly served by the bill. (Probable) CAPSO Position: Oppose
NORTH CAROLINA AND SOUTH CAROLINA
• North Carolina has Interest in the IRS and its position on non-profits in general. Also, municipalities and changing views on tax exempt property.
• School choice is another area that is gaining steam in NC…following the path of many other states across the nation.
• Digital/online learning is something that we all need to be embracing…VISNET is gaining momentum and we have a big meeting with state and regional execs in Philly in late February in conjunction with NAIS.
• In South Carolina one of the large concerns is how to deal with the Affordable Health Care Act. Schools are preparing budgets with little or not guidance.
• Also, even though school choice and the charter school movement is apparent to independent educators in South Carolina, it does not pose a threat at this time.
• Schools believed that School Security and Mental Health Funding to both the North and South Carolina lists.
• In SC, of course, we've had the "near miss" (no pun intended) at Ashley Hall the week before last. And, I know that recent board level school security conversations at a number of our SC and NC schools have been difficult, and occasionally contentious, as groups with diverging views and opinions wrestle with these tough issues. The head of the North Carolina Association of Independent Schools her board have written an excellent letter to the President; the PAIS board will likely choose to do so as well, following our meeting on Wednesday, February 20th. When I get a digital copy I will forward it.
• Also, for PAIS, access, affordability and changing demographics continue to
loom large for many
STATE CAPE REPORT FLORIDA
March 2013
HB 859 and SB 962 revise the Florida Tax Credit Scholarship Program by increasing the cap on the amount of tax credits available to the program. HB 859 also removes the requirement for prior public school enrollment for students in grades 2 – 5. The provision that creates concern is allowing private schools to administer the FCAT. The FCAT is a criterion referenced assessment and is tied to the public school curriculum. While it is voluntary in the bill, once the language is in statute, it will be very easy for future Legislatures to change the “may” to “shall.” Only private schools which participate in the Florida Tax Credit Scholarship Program will be allowed to administer the FCAT at the school. (Passed: On the last day of session, the Senate President called the bill up on special order and allowed Senator Benacquisto to amend the Senate language onto the House Bill without a vote. During the third reading, the damage had been done and the amendment could not be recalled. The Governor has signed HB859 into law.)
HB 1403 and SB 1704 revise High School Athletics. SB 1704 would have created the Sunshine Independent Athletic Association (SIAA) for private schools in Florida statutes. It also prohibited the FHSAA from denying or discouraging interscholastic competition between the two associations. HB 1403 was amended, with input from Florida Council of Independent Schools (FCIS), Florida Association of Academic Nonpublic Schools (FAANS) and Florida High School Athletic Association (FHSAA), and does not include the SIAA language, but addresses student transfers, due process, and athletic investigations with regards to student eligibility for participating in athletics. SB 1704 went through a “strike all” and accepted the language of HB 1403 the last week of session. (HB 1403 passed on March 8, 2012 and was signed into law by the Governor.
HB 7119, HB 7085, HB 5103 all dealt with some aspect of Voluntary Pre Kindergarten (VPK), School Readiness, Office of Early Learning (OEL) and the Early Learning Coalitions. These bills address issues raised in the audit released December 2011 by the Auditor General in which the OEL is designated as a high risk agency. These House bills are more prescriptive while the only Senate bill, SB 1974, basically directs the OEL to correct the issues addressed in the audit. Both bills require a statewide standardized contract and monitoring tool. (FCIS and FAANS have had significant input into the conforming language. The Governor received HB 1503 on April 6, 2012 and later vetoed the bill.)
HB 293 allows private schools to request notification from the emergency response agencies that are responsible for notifying public schools when an event that threatens student safety occurs. (Time ran out on this one; talk is already circulating that this bill may return in the next session.)
HAWAII ASSOCIATION OF INDEPENDENT SCHOOLS
2013 Legislative Report
SB 238/ HB 60 is a bill that amends the definition of “student instructional hours”, giving the
Department of Education greater flexibility and focus the discussion of instructional time around students and increasing access and opportunities to those teachable moments where students learn best. It will also help to improve instruction and increase student engagement by encouraging project-‐
based learning, technology-‐assisted learning, and all other activities to which a general learner outcome is attached.
SB 244/ HB 674 is a bill that seeks to continue to improve Hawaii’s charter schools’ rankings by the National Alliance for Public Charter Schools (NAPCS). The purpose and intent of this measure is to: (1)
require charter schools to complete an annual independent financial audit; (2) require the Charter School commission to develop procedures for conducting criminal history checks of persons who are employed or seeking employment in any position that places them in close proximity to children; (3)
specify charter school enrollment requirements; (4) specify when a charter school may use criminal history information to terminate or deny employment; (5) require Charter school Commission members to disclose to the Commission a list of all charter schools in which the member is an employee,
governing board member, vendor, contractor, agent, or representative and disqualifies members from voting on or participating in the discussion of such matters, (6) authorize the Charter School Commission to hire employees without regard to chapters 76 and 89, HRS; (7) remove the requirement that a
nonprofit organization that governs a conversion charter school make minimum annual contributions to the charter school; (8) make other amendments to chapter 302D, HRS, for the purposes of clarity and consistency.
SB 564 establishes a working group within the department of agriculture to, among other things,
develop the parameters of and implement a demonstration model in which a state facility utilizes locally-‐grown produce for consumption and to advise the department of agriculture on the feasibility of implementing the demonstration model at other state facilities. In 2010, at the request of the
Department of Agriculture (DOA), HAIS launched GROW HAWAII, a three-‐year effort to build capacity for the use of Hawaii-‐grown agricultural products in schools, and cultivate healthy food attitudes and behaviors through school garden programs. HAIS values the effort on the part of the Department of
Health to convene the School Garden Task Force and continues to collaborate with the DOE, the DOA, and community stakeholders to plan, implement, and evaluate a lasting farm to school program.
SB 1084/ HB 853 proposes a constitutional amendment to permit the appropriation of public funds for private early childhood education programs, as provided by law, to help the State meet its goal of
providing an early learning system for the children of Hawaii. The Executive Office on Early Learning has developed a blueprint for a statewide early childhood education program which will ensure that our children enter kindergarten having had a quality preschool experience. This will eliminate the possible
lack of school entry requirements or negative school success, particularly be advantageous for at-‐risk children, who are especially affected by the lack of ability and access to quality early learning programs. However, for the “blueprint” to succeed, partnerships with the private sector must be forged in order to
ensure high quality standards and meet capacity needs. Furthermore, the Attorney General indicates that we need a Constitutional amendment to allow public funds to be given to private early education programs. The passing of this bill will result in an amendment appearing on the 2014 election ballot to
be ratified by state voters.
SB 1093/ HB 862 is a bill which establishes a statewide school readiness program, administered by the Executive Office on Early Learning consisting of providers of school readiness services to assist families in preparing their children for success in school. This program will serve four-‐year0old children with
priority for those who are not eligible to attend public school kindergarten in the calendar year they turn five years of age. Due to the change in age requirements, approximately 5,100 children will be left unserved without a program in place by 2014. In the 2014 school year, a child must be five years old
before August 1, 2014 into enter kindergarten. This School Readiness Program will give priority to these children born later in the year.
SB 1095/ HB 864 is a bill which establishes an early childhood education program, administered by the Executive Office on Early Learning, to prepare children for school and provide access to high quality
early childhood education. This program will serve children ages three to four years of age with a priority for four year old children. This is the last bill in a package proposed by the Governor’s initiative
to implement a statewide early childhood education program.
SB 1106/ HB 875 is a bill which resulted through Act 163 of Session Laws of 2012, which relieves the Department of Human Services (DHS) of licensure duties for programs already certified, licensed or accredited by the Hawaii Council of Private Schools (HCPS) starting July 1, 2013. Act 163 exempted
kindergarten, schools, or childcare programs licensed by HCPS and federal agencies, as they already license or accredit their programs in accordance with their standards. Programs licensed by HCPC shall apply for an exemption with DHS.
SB 46/ HB 1200 is a bill which creates the framework for authorizing private post-‐secondary education
institutions in the State. The bill creates the post-‐secondary authorization subaccount of the compliance resolution fund established pursuant to section 26-‐9(o), HRS. This bill also repeals the post-‐secondary education commission within the University of Hawaii. The purpose of this Act is to bring Hawaii into
compliance with Title IV of the Higher Education Act of 1965 by establishing the post-‐secondary education commission within the department of commerce and consumer affairs and creating the framework for authorizing private post-‐secondary educational institutions in the State.
STATE CAPE REPORT March 2013
November Elec,ons – November elec+ons in Indiana had some expected and some very surprising results. Indiana’s Superintendent of Public Instruc/on, Educa/on Reformer, Tony Benne:(R) was defeated by a virtual unknown, Glenda Ritz, (D) who was supported by the Teachers Union and a strong social media campaign. Republicans maintained the Governor’s seat, a supermajority in the Senate and gained a supermajority in the House. Tony Benne6 has since been hired in the top educa*on posi*on for the State of Florida. It is yet to be seen how this will affect the reforms that Dr. Benne: promoted in his four year term.
Common Core-‐ Indiana was one of the first states to join the common core movement. In the last two years, there has been somewhat of a rebellion in Indiana led by some conserva/ve Republicans with concerns about a “na-onalized curriculum”. Legisla-on was introduced and passed out of the Senate that would slow down the implementa)on process and would require public hearings around the state before implementa.on could con.nue.
School Choice Update – Legisla(on was introduced and passed out of the House to expand Indiana’s school choice programs. A number of family friendly changes have been proposed, including kindergarten voucher eligibility, voucher recipient’s siblings having voucher access, increased access for military and foster families, as well as special needs students. A preschool scholarship tax credit program is being proposed as Indiana finally gets serious about early childhood educa1on. There is s(ll much work to do in Senate before we know actually what program expansions are passed.
The numbers: Year one of the Program – 3919 students -‐ 16 million dollars – saved the state – 4.2 million dollars. Year two (current school year) of the program – over 9100 students – est. 35 million dollars in vouchers.
Scholarship Tax Credit Program – approximately 2.5 million dollars in scholarships from SGOs given in 2011-‐12.
2013 Legisla-ve Session – Indiana has finally started to focus on early childhood educa-on. Two different bills are exploring funding opportuni3es for preschool. Both have a school choice flavor. One program establishes a scholarship tax credit program. The other establishes a pilot of 1000 students who would receive a voucher of almost $7000.
There were a number of bills that push back on some of the reforms passed in the past few years. Two bills address the state’s school accountability (A-‐F) system by either changing the metrics or the scoring categories. In Indiana, state accredited non-‐public schools and voucher schools par1cipate in the state’s accountability system. Another bill requires the teaching of cursive wri*ng which was de-‐emphasized with the adop%on of Common Core. If passed out of both houses, teachers now will be required to clear a na$onal background check.
In a state that passed Right to Work legisla3on in 2011, this year there is also an effort to ins+tute a payroll protec+on bill that would not allow public schools to payroll deduct union dues (or at least the part that is used for PAC candidate support).
Quality Summit – In response to the increasing diversity in the student demographic that comes with School Choice Programs, INPEA, along with School Choice Indiana, hosted a Voucher School Success: Quality Summit. The goal of the summit was to engage in high level conversa4on on issues impac&ng quality in non-‐public schools. Approximately 40 people from Indiana and around the country were invited to engage in the process. The invitees included school leaders from K-‐12 and higher ed., researchers, think tank fellows, and funders with an interest in educa3on. A list of recommenda3ons within a wri)en summary was the product of the Summit. Currently an implementa+on team is being iden%fied and convened to work toward implemen/ng priority recommenda/ons.
IDEA Toolkit Project – INPEA along with Michelle Doyle (Notre Dame ACE) has been working with the Indiana State Department of Educa3on to develop a toolkit to provide guidance for public and non-‐public school leaders in the implementa2on of IDEA special educa2on services for parentally placed non-‐public school students with special needs. The document has gone through many revisions and is currently in the hands of IDOE legal counsel.
Conferences – INPEA held its biannual Teacher’s Conference (INPEC) in October with 2300 a?endees over the 2 days. The theme for the conference was “Embracing a Changing Landscape”. Prepara>ons are underway for our Administrators Conference (INPAC) to be help next September. The conference theme is “Quality Leaders for Quality Schools”.
Respec&ully submi.ed,
John F. Elcesser Execu&ve Director
1517 REISTERSTOWN ROAD � BALTIMORE, MARYLAND 21208 � P/F: 410-484-3632
EMAIL: [email protected] � WEB: WWW.MDCAPE.ORG � TWITTER: @MD_CAPE
2013 LEGISLATIVE UPDATE
TEMPORARY HOLD ON SCHOLARSHIP TAX CREDIT BILL – INCREASE TO BUDGET FUNDING
After the 2012 legislative session ended without successfully passing the scholarship
tax credit legislation, it was clear that changing the bill from its original form as the
BOAST (Building Opportunities for All Students and Teachers) tax credit to the
Maryland Education Credit (with numerous tweaks and modifications), did not
produce the hoped-for result. MDCAPE coalition partners and supportive legislators
engaged in conversations during the legislative interim to see how the nonpublic
school community could best be served despite that difficulty.
The decision was reached that the coalition would pursue a significant expansion to
the lone statewide program currently active (instituted in 2000) to benefit nonpublic
schools, the Maryland Textbook/Technology Loan Program. If the allocation was
increased in the Governor’s budget to a satisfactory level, we would potentially better
off putting our efforts into that single item and to let the tax credit have the year off.
The Governor made a 25% increase to the allocation in his budget package with a
commitment to add additional funds to the supplemental budget at session’s end.
With significantly more dollars now available upfront, the nonpublic school community
will see benefit almost immediately. Next year (2014) we intend to reintroduce the tax
credit bill with some new strategies that we hope will take it to where it needs to go.
ANNUAL MARYLAND CAPE BREAKFAST WITH SUPERINTENDENT TO RESUME THIS MAY
After the 2011 retirement of the beloved Superintendent of Education, Dr. Nancy
Grasmick, the annual MD CAPE breakfast with the state’s superintendent was put on
hold to allow for the search process to take its course. On July 1, 2012, Dr. Lillian
Lowery was introduced as the new Superintendent of Education. After meeting in
September 2012 with MD CAPE leadership, Dr. Lowery expressed her interest and
enthusiasm of creating and maintaining a relationship with the nonpublic school
community, just as her predecessor. Dr. Lowery’s first introduction to and interaction
with - the statewide nonpublic school community, will be at the May 22, 2013 MD
CAPE breakfast to be held at the Jewish Community Center of Greater Baltimore.
RABBI ARIEL SADWIN
President
MICHIGAN ASSOCIATION OF NON-PUBLIC SCHOOLS (MANS) MARCH 2013 CAPE REPORT
MANS held a successful triennial General Conference in October 2012. Over 3500 administrators and teachers gathered in Grand Rapids to participate in two full days of professional development. MANS celebrates its 40
th year of serving Michigan’s non-public schools. The 2012 Conference
theme was, “Celebrating the Past – Shaping the Future.” FEDERAL TITLE PROGRAMS: MANS continues to work with its members to assure that they are able to equitably participate in federal title programs. The Michigan Department of Education (MDE) has been increasingly helpful to non-public schools in working with LEAs who are not complying with the law. Various school reform efforts sponsored by the state including creating a statewide education authority for the lowest performing schools and “charterizing” entire school districts potentially pose a threat to equitable participation as traditional LEAs disappear in this process. MDE continues to work with MANS members and the U.S. ONPE to ensure that equitable participation continues to happen. STATE LEGISLATIVE ISSUES: The Grand Rapids Diocese and Christian Schools International are exploring the concept of “faith-based” Learning Centers. These Centers would potentially have seat time waiver students and/or full time virtual students (up to 10,000 eligible in the fall of ’13) taking their public school curriculum within a faith-based learning environment (dedicated classrooms in a faith-based school) with learning coaches and/or mentors assisting the student taking an online course. Options would be offered on an ala carte basis to parents to select including religion, extra-curricular activities, other classes, etc. The concept has been approved by MDE and would not violate the constitutional ban against aid to non-public schools. It is in response to the Michigan legislature significantly increasing the number of students eligible to receive their education virtually (up to 2% of the school age population by 2015, roughly 34,000 students). SHARED TIME SERVICES: Michigan law was amended to allow an expansion of public school districts offering to non-public school students “non-essential” or “non-core” courses. MANS worked to secure passage of legislation that would allow any school within the same Intermediate School District (ISD) or contiguous ISD to provide shared time courses. The legislation further makes non-public schools “free agents” to pursue shared time programming from any district or charter within the geographic limits stated above. This greatly expands options for non-public schools. DUAL ENROLLMENT: MANS was successful in securing passage of an amendment to the dual enrollment law. Non-public high school students are now eligible to dual enroll at a participating Michigan post-secondary institution for college and/or high school credit. In order to receive high school credit the college course must meet the definition of a nonessential elective course under the Snyder v. Charlotte decision. It is no longer a requirement for a non-public high school student to enroll as a part-time public school student to avail himself/herself of dual enrollment. PUBLIC SCHOOL FINANCE ACT: The Michigan Education Finance Project is drafting a “Michigan Public Education Finance Act of 2013” to replace the School Aid Act of 1979. The project to rewrite the School Aid Act is based on Michigan Governor Rick Snyder’s Education Message Proposals that include:
• Proposing a new – Any Time, Any Place, Any Way, Any Pace public school learning model.
• Performance-based funding rather than seat time requirements.
• Michigan’s state foundation allowance should not be exclusively tied to the school district a child attends. Instead, funding needs to follow the student.
The project to replace the 43-year old School Aid Fund will not address special education, private or nonpublic schools and early childhood issues.
MANS has met with the drafters of this rewrite and advocated for change that would impact the ability of parents to choose a faith-based education. The team will not address that issue. There has been much media report on this as an effort to bring about vouchers. This is primarily a scare tactic used by the public school lobby. There is nothing in this effort to date that would call for vouchers or tax credits to support true choice. It could be argued that it may create “public school vouchers” as the last bullet contemplates funding following student. Unfortunately that concept is kept within the realm of government supported schools. MANDATE REIMBURSEMENT: MANS and the MCC are working with the Governor’s office, state legislature and MDE to see if there is a possibility of securing an appropriation to reimburse non-public schools for state mandates. These would primarily consist of health and safety mandates that the state requires all schools to perform. It also would include the taking of attendance (enforcing the state’s compulsory education law). We are not sure how much traction we will get, but we do have a legal opinion that indicates such a reimbursement policy would not violate the state constitution as it would not directly or indirectly aid the attendance of a student at a non-public school. New York and Ohio have like provisions in their statutory law. Respectfully Submitted,
Brian D. Broderick, Executive Director Michigan Association of Non-public Schools
MoCAPE Affiliate of the Council for American Private Education Raymond E. Wicks, Ph.D., Executive Director Tel: 314-‐‑792-‐‑7323 E-‐‑mail: [email protected]
TAX CREDITS
Due to the state's economy and other considerations, there are clearly opposing views in the Missouri General Assembly regarding continuation of existing tax credit programs and the amount of funding they permit. In prior legislative sessions, some limits have been placed on existing programs. Until debate on the broader issue of tax credits is resolved, it is not likely that one which would directly or indirectly benefit private school children will have any chance of serious consideration.
PROPOSED LEGISLATION
Missouri's General Assembly is currently in session. As is common at this point in the annual session, only a limited number of bills have moved beyond the stage of committee hearings. Due to Missouri's constitutional ("Blaine") restrictions, the General Assembly rarely considers legislation that directly impacts the private and religious schools of the state. When legislation addresses "schools", that term always refers to public schools, unless otherwise specified. This year, however, there are a number of bills which could have a direct impact on the private and religious school community. Blaine Amendment
Unlike recent years, no bill has been filed to repeal or amend Blaine amendment language of the Missouri Constitution. Scholarship Programs
If authorized, this bill (HB 458 "Bryce's Law") would permit the establishment of scholarship-granting organization for special needs students and a tax credit equal to 80% of the donation. The organization must provide scholarships to eligible students attending qualified public or non-public schools. The bill has been referred to the Elementary and Secondary Education Committee, but no action is scheduled. Common Core State Standards
Bills have been filed in the House (HB 616) and Senate (SB 210) which would prohibit the state education department from implementing the Common Core State Standards initiative. The bills would also nullify any actions already taken. Both bills have been referred to committee, but no action is scheduled on either bill. Note: Missouri was among the first states to join this initiative. Early Childhood Education
Senate Bill 95 proposes to establish the "Voluntary Prekindergarten Education Program" for children ages 3 to 7 to enroll in a publicly-funded program. The bill has been referred to the Education Committee, but no action is scheduled at this time. Guns and Schools
Several bills have been filed in the General Assembly which address the issue of guns and schools. Some would permit "concealed carry" for school staff and another would require gun safety training for 1st graders. Unlike these, two others do include private schools. One would prohibit school staff from asking
whether anyone in the child's home owns a firearm, and the other would require parents to notify their child's school if they own a firearm. Little action has occurred on these bills other than being referred to various committees. Religious Books
A bill (HB 282) permitting the use of "books of a religious nature" as part of instruction has been filed and referred to the Elementary and Secondary Education committee. The bill would limit use of such books to elective course in literature and history, as long as the don't violate the federal Establishment Clause. Scientific Evolution
House Bill 179 proposes that, beginning with the 2014-2015 school year, public school entities "… create a school environment that encourages students to explore scientific questions; learn about scientific evidence; develop critical thinking skills; and respond appropriately and respectfully to differences of opinion about controversial issues, including biological and chemical evolution, and to assist teachers in finding effective ways to present controversial scientific material. These entities must not prohibit any teacher from helping students understand, analyze, critique, and review in an objective manner the scientific strengths and weaknesses of theories of biological or chemical evolution." The bill has been referred to the Elementary and Secondary Education committee, which held a hearing but has no further action scheduled. Primacy of Parental Rights
Two bills (HB 513 and HJR 26), one proposing a state constitutional amendment, seek to affirm and protect parent rights. One states, in part, that parents "… have a fundamental right to exercise exclusive control over the care, custody, and upbringing of their minor children, including all decisions involving the discipline, education, religious instruction, health, medical care, place of habitation, and general well-being of such minor children. Parents have the right to choose to educate their children in public schools, private schools, or in-home education to prepare them for future obligations in life." While it includes some exceptions, it goes on to say that "Neither the state nor any political subdivision, nor any agency, entity, or person acting on behalf of the state or any political subdivision, shall act to deny or impair the fundamental right of parents to direct the upbringing, education, and care of their children." The bills have been referred to different committees. One hearing has been held, but no further action is scheduled at this time. OTHER EDUCATION ISSUES
NCLB Waiver
Last year, the Missouri Department of Elementary and Secondary Education submitted a second-round waiver request to the U.S. Department of Education seeking relief from certain provisions of ESEA No Child Left Behind. The request was not approved at that time, but was approved several months later. Committee of Practitioners
After a hiatus of nearly two years, MoDESE reconstituted the Committee of Practitioners for the purpose of meeting the review requirement for submission of the waiver request. The MoCAPE Executive Director was appointed to the Committee, along with nearly 30 other educators state-wide, but was the only member representing the nonpublic school community. The Committee reviewed and recommended revisions to two drafts of the NCLB waiver application, but did not review the final application.
All communication between MoDESE and the Committee was by e-mail, and the two Committee "meetings" were held utilizing Internet conference software. There were no subsequent meetings of the Committee until one scheduled for late February of 2013. That also occurred by on-line conference software.
Agudath Israel of New Jersey • Archdiocese of Newark • Association of Christian Schools International Association of Schools and Agencies for the Handicapped • Catapult Learning; A Division of Educate Inc. • Christian Schools International Diocese of Camden • Diocese of Metuchen • Diocese of Paterson • Diocese of Trenton • New Jersey Association of Independent Schools
New Jersey Association of Jewish Day Schools • New Jersey Association of Lutheran Schools • New Jersey Catholic Conference New Jersey Conference of Seventh-day Adventist Schools
NJ CAPE Council for American Private Education "To promote the interests and betterment of private/nonpublic schools within the State of New Jersey"
New Jersey State Report CAPE Meeting March 9, 2013
FEDERAL ISSUES There are no major problems with Federal programs in New Jersey. We are working on the implications of Project SERV which is designed for relief from Hurricane Sandy. Nonpublic schools are clearly eligible under the terms of the program, although it did take a bit of convincing to make state officials aware of that requirement because the program is being run outside of the Office of Grants Management. There were individuals developing the Notice of Grant Opportunity who are unfamiliar with consultation requirements affecting nonpublic schools. The major issue here is what constitutes eligible items for nonpublic schools. STATE ISSUES
Governor Christie’s Fiscal Year 2014 Budget The major implications for nonpublic schools of Governor Christie’s Fiscal Year 2014 Budget, proposed on February 26, was in a very small ($2M) pilot school choice program. For several years, the NJ CAPE has quietly advanced the position that, because New Jersey budget language has the force of the law, a pilot program could be enacted within the Budget without enabling legislation. The Nonpublic School Technology Initiative was a positive result of that strategy in 1998. The opponents of the Governor’s proposal do not believe that a program can be established merely through budget language. While the details of the program are still sketchy, the actual framework is being constructed by Education Commissioner Chris Cerf. He has formed a small working group including the New Jersey Catholic Conference to work on the details. Apparently, the initial understanding was for 200 scholarships of $10,000.00 each to cover the “cost of education,” not merely tuition. We believe that, although the pilot is too small, it is a start and should not be ignored. Even Democratic supporters have argued that the program is too small, but we wish to convince them that we have to start somewhere. The Governor cannot modify his proposal at this point, and it is up to the Legislature to eliminate or modify the program when they submit their Appropriations Act in June. We believe that there are a number of issues to be determined including the following:
1. What district or districts would be involved? There is sound reasoning to
suggest that it would be a “Camden only” program – a situation which allows for better assessment possibilities and a more effective legal argument (Camden’s poor record with only 18% of the students who begin first grade graduating on time), although one district has political risks with Democratic supporters in the northern part of the state.
2. Size of the program. There are ways to increase the size of the program
a. Decrease the amount of the award to $7,500 or less.
b. Consider only elementary students.
c. Have the Democrats who are concerned about the size of the program increase the money in the Appropriations Act.
d. Permit recipients to pay a modest amount of tuition in addition to the
amount of the scholarship. The Opportunity Scholarship, which is languishing in the Legislature, does not permit award recipients to contribute anything towards their tuition.
Any or all of these could be part of modifications in the Legislature’s Appropriations Act.
Governor Christie’s Budget also retained the Nonpublic School Technology Initiative at $20.00 per pupil and provided a modest $1M increase to the nonpublic school nursing services program. Our strategy now will be to determine how we proceed with Budget testimony.
Determination of Textbook Allocations
Since its inception, the Nonpublic School Textbook Law has provided a per-pupil allocation for nonpublic school students, based upon the average per-pupil amounts spent by public school districts in the previous budget cycle. The nonpublic school community has discovered that, although electronic textbooks have been permitted under this legislation for the last 18 years, public school officials may not have counted them on the so-called “October Report” which generates the funding for the subsequent year. The New Jersey Department of Education is providing guidance to the public school districts on how and where to indicate the textbook count in this Report. Therefore, there should be an increase for the nonpublic school per-pupil amount in the subsequent school year (2014-2015) after this year’s “October Report” has been completed.
School Security The NJ CAPE has a seat on the Department of Homeland Security’s School Task Force. As a result, the nonpublic school community is fully aware of all initiatives that are taking place in the public sector. Shared Services Legislation A bill to create a single entity in each county to control a variety of services to both public and nonpublic schools has advanced through the Senate. The entity would be an Educational Services Commission or a Special Services School District. The problem for nonpublic schools is that these entities would have first opportunity to bid on nonpublic school services, thus eliminating critical competition which is always important for our students’ benefit. Most of our programs are based on a flat per-pupil amount, and thus the essential question is how much will that amount buy from each potential service provider. While the legislation has moved quickly in the Senate under the auspices of the Senate President (who wants no modifications to the bill), the Assembly has an amendment to remove all of our programs except transportation from the scope of the legislation. We have no objection to county-wide models for nonpublic school transportation because we think that such a program may provide more transportation and less of what we call “aid-in-lieu” payments to parents. Currently, the Speaker of the Assembly has no appetite for moving this bill forward, but the political landscape could change quickly.
I regret not being able to join you for the CAPE Meeting. If you have any questions on any of these issues, please feel free to call me. Respectfully submitted George V. Corwell, Ed.D. Treasurer, NJ CAPE Director: Office of Education; New Jersey Catholic Conference
New Mexico Association of Nonpublic Schools
P. O. Box 95726 Albuquerque, N.M.
87199-5726
The New Mexico Association of Nonpublic Schools had a busy 2012. Two items kept us busy and both of them concerned the instructional materials money allocated to students attending nonpublic schools. a. Two people in the state attempted to have the NM Supreme Court hear a suit that the money being given to our students was unconstitutional. The Supreme Court refused to hear it and kicked it down to a lower court. To date, we have had no further contact. We want to acknowledge the Becket Fund for providing NMANS an attorney pro-bono. Since we are a nonprofit association, this was most helpful. b. We work hand-in-hand with the Public Education Department in insuring that the instructional funds are received in a timely manner. Several years ago a large sum of money that had been allocated in the spring, was swept by the State over the summer. This, along with some accounting issues by all parties, had caused problems for the PED and the schools trying to purchase materials. As a result of a lot of effort, the money that had been swept was returned to the schools. We are also working with PED to tighten up the reporting process. The legislative session is going on in Santa Fe at this time and will end March 15. At the present time there are no bills that are of interest to NMANS. However, we remain diligent in our efforts to protect the children of New Mexico attending nonpublic schools. Respectfully submitted, Linda Honeyfield
465 State Street Albany, New York 12203 518-434-6195
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NEW YORK STATE REPORT TO CAPE MARCH, 2013 – Submitted by Jim Cultrara
AAgudath Israel of America
Association of Christian Schools International
Board of Jewish Education of Greater New York
Lutheran Schools Association
NYS Association of Independent Schools
NYS Catholic Conference
• 2013-14 State Budget Issues:
1) Mandate Reimbursement – An important agreement was enacted in the 2012-2013 State Budget to begin
to resolve the state’s liability under the Mandated Services Reimbursement (MSR) and Comprehensive
Attendance Policy (CAP) program for our schools. That agreement required the Commissioner of
Education to develop a plan to satisfy the state’s obligation under the program and required the restoration
of the original CAP reimbursement formula beginning in the 2013-14 state fiscal year. As a result, the
reimbursement formulas would drive approximately $150 million in annual reimbursement.
2) School Safety Grants – As part of the enacted gun control legislation, lawmakers included additional
funds for school safety measures for public schools only. A separate initiative for safety grants for
religious and independent schools is being advanced in state budget negotiations.
3) Extended Learning – Governor Cuomo has proposed an incentive to encourage public school districts to
extending their learning time by at least 25 percent, wherein the state would pay 100 percent of the
additional costs. In addition to the transportation problems that will result from greater disparity in school
calendars, the incentive will put greater pressure on religious and independent schools to extend their
learning time likely resulting in tuition increases. Extended days are already typical among charter
schools. We are advocating for inclusion in the Extended Learning incentive program.
• Parental Choice Update: Working with a broad-based coalition, including AFL-CIO affiliated unions
representing law enforcement, fire fighters, court officers, office workers, and building contractors, we are
advancing a $300 million Education Investment Tax Credit which provide $150 million in tuition scholarships
and $150 million of donations to the public school community. The bill has passed the State Senate each of
the last two years with very strong bipartisan support and now has more than half of the Assembly
membership co-sponsoring the Assembly version. More information on the bill can be found here. The
legislation has gained momentum, in part, because of the research on the impact of Charter schools on
Catholic school enrollment as first presented in the research of Abe Lackman and reported by CAPE here, as
well as the closing of nearly 60 Catholic schools within the Archdiocese of New York in the last three years.
▪ Pooling of Federal Funds: The NYS Coalition for Independent and Religious Schools, our NYS CAPE,
has established a protocol for and hired a Federal Funds Coordinator to facilitate the “pooling” of Title IIa
funds for several consortia of schools including the Lutheran Schools Association, the Archdiocese of New
York, and the Diocese of Syracuse. The practice has been well established in New York State for more than
20 years but this is the first year that NYSCIRS is offering the service. The State Education Department has
issued guidance on the practice. We are working with SED staff to correct inaccuracies in the document and
to offer additional helpful information.
• Hurricane Sandy Impact: Having to cancel our state-wide conference because of the storm was nothing
compared to the physical devastation and disruption of lives that continues to this day. To make matters
worse, displaced children still struggle to get to school because of an interpretation that the McKinney-Vento
Act does not apply to private school children. We’re working to fix that injustice.
OKLAHOMA PRIVATE SCHOOL ACCREDITATION COMMISSION
Serving 48 schools; 7 private school agencies Oklahoma has two private school choice programs:
1. The Lindsey Nicole Henry Scholarship for Students with Disabilities Program Act
(special needs vouchers) became effective in August 2010; and
2. The Oklahoma Equal Opportunity Education Scholarship Act (tax credit for scholarships)
was enacted in 2011 and launched in 2013.
The state also has a charter school law and enables public virtual schooling.
The Oklahoma Equal Opportunity Education Scholarship Act, launched in 2013, allows
individuals and businesses to receive Oklahoma state income tax credits for donating to a
scholarship granting organization (SGO) recognized by the Oklahoma Tax Commission. The
SGO uses those contributions to provide scholarships for eligible students to attend a private
school. Individual taxpayers may give a maximum of $2,000 annually; married couples filing
jointly may give a maximum of $4,000 annually; and legal business entities (including limited
and general partnerships, corporations and limited liability companies) may give up to $200,000
annually.
The State of Oklahoma has allocated a total of $3.5 million in annual tax credits to the
Scholarship Act, so if the total of all contributions to the SGOs in the state exceed the amount for
which tax credits have been allocation, the amount of the tax credit will be diminished on a pro-
rata basis for each class of donor, so that each class of donor (individual or legal business
entities) receives the same percentage of tax credit for their donation.
The program is capped at $5 million, of which $3.5 million is dedicated to private school
scholarships, with a separate $1.5
12139
2012-13 Oregon Federation of Independent Schools (OFIS) Report A quieter year than most. Nothing works better than our positive approach of using established communication lines to make friends and prevent problems before they occur. Once again, the Governor declared February 7, 2013 as Oregon Private Schools Appreciation Day. The private school community uses the proclamation to talk about the private school world with their parents and students and they promote the day widely. Due to budget cuts, Oregon no longer has any special laws regarding private schools and the De-part of Education no longer has anyone relating to the private school community. All special rights and privileges that flowed from private school registration are now conferred to all private schools, because private school registration has been eliminated. The state has no official idea about what is happening in the private school community or anyone overseeing it in any way. OFIS worked with the health care community, including the Oregon Department of Health, to craft a new immunization bill that eliminates the religious exemption (that was widely abused and causing families to be dishonest) and replaces it with an exemption that requires parents to certify receipt of an “education module”. This follows a large measles epidemic and general concern about the increasing number of unimmunized students. Oregon private schools report steady or increased enrollment, despite some impact from the charter school movement. Some challenges have arisen due to the rise of virtual schools, as well as various public school reform initiatives. OFIS BACKGROUND The Oregon Federation of Independent Schools is the voice of private education in Oregon, rep-resenting private preschool and K-12 schools in Oregon. Governed by a board of directors re-flecting the diversity of Oregon's private schools, OFIS works to ensure that Oregon private schools are able to operate with a minimum of government influence or control so parents can choose from a wide range of educational options for their children. OFIS conducts programs and meetings throughout the year, publishes its Oregon View newsletter and e-mails notices to keep its members informed of developments and news affecting private schools. Subject to underwrit-er approval, member schools are offered preferred insurance rates based on lower client acquisi-tion costs. OFIS members receive a complimentary CAPE Outlook subscription. At OFIS’ request, Oregon Private Schools Appreciation Day has been proclaimed by the Gover-nor every year since 1991, often affirmed by the Board of Education and/or one or both houses of the Oregon Legislature. OFIS has received recognitions and commendations for its work from the U.S. Department of Education. Mark Siegel, Executive Director Oregon Federation of Independent Schools
Pennsylvania State Cape Report Spring 2013
Organizational/Administrative Issues
PACAPE has continues to advance and move forward as a organization within the Commonwealth. Our revenues increased significantly this year as a direct result of utilizing corporate sponsors. We have made the decision to hire some paid work hours at both the administrative and support staff level. Although this is limited, it does provide for us to get some things done that were not feasible from a volunteerism standpoint. This is significant.
Legislative Initiatives and Responses
We continue to sponsor a legislative meeting sessions with leaders of the school associations and key legislators in the Spring. We have continued to be an important part of an aggressive combination voucher and tax credit initiative which ended last year in a significant increase in our Tax Credit Program which doubled our program from 75 million to 150 million dollars. We are advancing with a broad coalition currently legislation to help protect the religious liberties of early education programs in the Commonwealth.
Current Activities
1. Established and Awarded our first School Choice Champion Award to Senator Jeffrey E. Piccola on February 1st as a part of the School Choice Week activities.
2. Continuing to develop vendor relationships at the State level that could provide significant resources to the organization.
3. Continuing to develop a pilot program for PA of a teacher and administrator appreciation program which is intended to be a statewide program and will potentially affiliate with any National programs launched by CAPE.
D. Merle Skinner, PA CAPE Co-‐Coordinator 724-‐455-‐2122 ext 103 [email protected]
Sean McAleer, PA CAPE Co-‐Coordinator
PO Box 91359 ● Austin, Texas 78709 ● 512.499.8377 ● www.abouttans.org
The Public Voice of Private Schools in Texas Texas Association of Non-Public Schools
Board of Directors Officers
William D. McGee President
Dr. Larry Taylor Vice President Jay Ferguson
Secretary Connie Wootton
Treasurer
District Directors Dr. Penny Armstrong
Fort Worth Andy Broadus
Arlington Keith Currivean
Bryan Jay Ferguson
Tyler Ricki Komiss
Houston Eddie Lee Midland
Dr. Stephen Livingston Houston
William D. McGee Austin
Charles Raymer San Antonio
Walter Spencer Corpus Christi
Dr. William Summerhill Amarillo
Dr. Larry Taylor Plano
At-Large Directors
John Craig ACSI
Rhonda Durham ISAS
Rod Gilbert ACCS
Dr. William Hinz LSAC
Marquita Moss NCSA
Connie Wootton SAES
Executive Director Charles T. Evans
February 20, 2013 ANNUAL STATE CAPE REPORT Policy and Legislative 2012-2013 have been unexpectedly busy legislative years for Texas private schools. The main impetus for the increased activity is a major school reform initiative sponsored and pro-moted by the newly appointed State Senate Education Committee Chair Dan Patrick. For the first time in legislative history, private school choice, in the form of an educational scholar-ship tax credit program, will be included in a major omnibus bill that addresses school re-form, ranging from raising charter caps to revising the use of end-of-year tests. The major victory for TANS so far has been to help to convince Senator Patrick that a tax credit program is more reliable way forward than the highly toxic voucher proposals of the past. We are still waiting for the bill to be filed, but we are positioned with a strong coalition to make a major push to pass the legislation. With the re-ignition of private school choice, other bills and resolutions have been or will be filed addressing the spectrum from a constitutional ban on vouchers to universal voucher pro-grams. The result is a confusing mix of proposals all competing for attention, but we prefer this cacophony to the dead quiet on private school choice in the past several sessions. On other fronts, we still are harried by the efforts of the for-profit childcare trade association to require accredited private schools to redundantly license before and after-school childcare programs. And, as always, we are on the lookout for the random bill containing unintended negative consequences for accredited private schools. TANS also initiated a serious conversation with the state public school athletic league (UIL) to create a separate private school division. This was partly in response to a number of na-tionally reported embarrassing misjudgments on the part of the largest private school athletic league TAPPS. The proposal was taken up by the UIL’s policy committee, but it thus far has not been forwarded to the executive legislative committee for consideration. Association Over the past several years, TANS has strengthened financially to the point that the Board of Directors has decided that full-time leadership is necessary. The profile for this position is being developed, and the hope is to have the new Executive Director placed by the start of the 2013 academic year, if not before. After six years as a part-time ED, I will step aside in favor of a position within or associated with TANS focused on policy and legislative issues. TANS will continue its commitment to CAPE and the State Cape Network, with the goal of even greater involvement at the national level. Respectfully submitted, Chuck Evans
2013 CAPE Report Virginia Council for Private Education (VCPE)
SCHOOL CHOICE STAYS ALIVE!
Modifications to the Education Improvement Scholarship legislation passed the House and Senate and the sunset was extended from five to 15 years. We expect the legislation to be signed into law by Governor McDonnell.
SCHOOL SAFETY INITIATIVES School safety has been a topic heavily discussed this year at the state and federal levels. In Virginia, per an executive order by Governor McDonnell, these issues have been under study and consideration by an appointed School Safety Task Force. Private schools were underrepresented but with great effort our small voice was heard and legislation passed that allows for private school access to current and future training and resources made available through the state funded Virginia Center for School Safety. We are seeking clarification of our inclusion in a code section that requires critical communication of credible danger to public schools. We also followed a bill that will allow private schools to hire armed security officers to carry firearms on their campuses. All bills are expected to be signed by the Governor
MEDICATION ADMINISTRATION Questions posed by private school nurses in response to a public school epinephrine bill last year revealed a gap in the Code that needed direct attention. An informal memo led to a department ruling that said that only licensed health professionals could administer medication during the school day. Legislation that would allow trained employees of private schools to administer medication passed quickly through the House and Senate and in the queue to be signed by the Governor.
REDISTRICTING: VIRGINIA’S “MOMENT” IN THE SUN Colbert names Virginia Senate Republicans’ Alphadogs of the week for January 24, 2013: http://politics.blogs.timesdispatch.com/2013/01/24/stephen-colbert-takes-surprise-gop-senate-redistricting/.
ACCREDITATION AND MEMBERSHIP
• VCPE developed a detailed guidance document for peer reviewers. • Standards for virtual schools and systems were adopted. • International League of Christian Schools welcomed as a new member
association. OTHER OUTREACH ACTIVITIES
• Continued Award Programs: Extra Mile Awards, Legislator of the Year and Child Advocate Award.
• Annual meetings with Superintendent of Public Instruction and Public School Policy Analysts, Secretary of Education, Department of Health and Department of Education School Health Liaisons and other State agencies.
• Annual presentation to the State Board of Education • Annual updated legal guide Virginia Law and Private Schools: A Guide to
Opening and Operating a Private School in Virginia
2012-2013 CAPE Annual Report: Washington Federation of Independent Schools Washington finishes its Legislative Session this year on April 24, 2013. Early Learning: The Department of Early Learning, since winning the Federal Race to the Top Grant, is quickly implementing new programs. A voluntary rating system for childcare centers and a Kindergarten Readiness Assessment are two examples. A very small handful of our schools are participating in the rating system, to mixed reviews. None of our schools are presently participating in the Kindergarten Readiness Assessment. K-12: Choice: After three attempts, Charter Schools were finally approved. The former WFIS Executive Director, Judy Jennings, is currently working on the State Board of Education, and signed up for the initial Charter School Task Force. They have a very short timeline—until the end of March—to create a framework for approving Charter Schools. Although wary of the potential exodus from independent schools to charters, we are hopeful that the State’s support of charter schools indicates the beginning of an openness towards other forms of school choice. This year, WFIS helped form a coalition that created a Scholarship Tax Bill. The WFIS Board is not unanimously supporting Scholarship Tax Credits. Independent Schools (specifically PNAIS schools) worry about “gutting the public schools” or encouraging negative feelings about private schools. They also are concerned that’s State money going to private schools allows for strings that come with the money and threaten true independence. WFIS continues to encourage dialogue among our leaders and among the legislators. There is also legislation this year to prohibit half days, create more graduation requirements including community service, and change the compulsory school age from 8 to 6. Accreditation: NWAC/AdvancED continues to honor our third party accreditation agreement. The fees for accrediting a multi-‐campus school through this process has greatly increased, though; for some by $4,000. One school in Washington has left NWAC, gone with Middle States for Accreditation and is quite please with the option. We will see if others follow…
“Committed to a Higher Standard”
CAPE: State update Voucher Expansion: Governor Walker proposed expanding the Milwaukee/Racine voucher program to nine additional school districts based on size and their performance on the recently created statewide report cards released last December. Districts with at least 4,000 students and two or more schools which received a “D” or “F” on the report card are eligible. There are a total of 426 public school districts in WI. A similar method was used for the proposed expansion of charter school authorizers. The Governor also proposed increasing the maximum amount of the voucher from $6442/pupil to $7050/pupil in grades K-‐8 and $7800/pupil in grades 9-‐12. Special Needs Scholarship: Walker proposed a SNS program based on the draft that passed the State Assembly last session. The scholarship, based on the value of services for the student in a public school, would be capped at approximately $13,000. Eligibility would be limited to 5% of the previous year’s special needs population, or about 6,250 students/year. The proposal is funded from the resident district’s general aid appropriation. The WI Policy Research Institute (WPRI) recently conducted a survey of 245 private school administrators highlighting the inconsistent administration of Title funds to students in private schools. Tuition Tax Credit: Separate legislation was introduced to provide the guardians of private school students a tax credit for tuition expenses. The credit is capped at $1,500 for students in grades K-‐8 and $2,500 in grades 9-‐12. Athletics: Separate legislation was introduced requiring public schools to accept athletes in private schools and homeschool settings which do not offer their sport of choice. Accountability: As previously mentioned, a statewide report card was released last December for each public school based on a number of factors, including standardized tests. Students receiving a voucher are required to take the same tests, but private schools were not included in the original report card data at our request. The Department of Public Instruction requested our inclusion in future report cards, a concept we cannot support at this point. WI is moving away from our current standardized test, possibly mandating every student take the ACT in 10 or 11 grade.
222 State Street, Suite 201 Madison WI 53711 608/287-‐1224