The 1st meeting of the Budget Review Subcommittee on Education of the Interim Joint Committee on Appropriations and Revenue was held on Monday, November 19, 2007, at 10:00 AM, in Room 171 of the Capitol Annex. Representative John Will Stacy, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Brett Guthrie, Co-Chair; Representative John Will Stacy, Co-Chair; Representatives Jon Draud, Derrick Graham, Rick G. Nelson, and Tommy Turner.
Guests: Representative Fred Nesler; Dr. William Hacker, Commissioner, Department for Public Health; Paul McElwain, Director, Division of Nutrition and Health, Kentucky Department of Education (KDE); Dr. Larry Stinson, Associate Commissioner, Office of District Support Services, KDE; Mark Ryles, Director, Division of Facilities Management.
LRC Staff: Greg Rush, Jonathan Lowe, Linda Jacobs Ellis, and Matt Ellis.
Chairman Stacy welcomed all in attendance and introduced Dr. William Hacker, Commissioner, Department of Public Health and Paul McElwain, Director, Division of Nutrition and Health, Kentucky Department of Education (KDE), for a presentation relating to Methicillin-resistant Staphylococcus aureus (MRSA) in the public schools. Upon completing the presentation, the floor was opened to any questions.
Chairman Stacy stated appreciation for the efforts to educate schools about MRSA and asked what steps were being taken to continue this education. Mr. McElwain replied that good hygiene was stressed in the elementary schools along with hand sanitizers in every classroom. He added that middle and high school students are harder to reach, but efforts to reinforce the issue within high schools and athletic departments are forthcoming.
Chairman Stacy thanked the guests for their presentation and introduced Dr. Larry Stinson, Associate Commissioner, Office of District Support Services, Kentucky Department of Education (KDE) and Mark Ryles, Director, Division of Facilities Management, KDE, for a presentation relating to the facilities planning process for local school districts. Upon completing the presentation, the floor was opened to any questions.
Chairman Stacy asked who appoints the Local Planning Committee (LPC) for each local school district. Dr. Stinson replied that generally the Superintendent, along with other entities specified in the regulation, appoint the members of the board.
Representative Nelson complimented the Chair for his focus on building new schools and invited the subcommittee to Harlan County for a tour of newly constructed facilities. He then asked the advantage of having a LPC if their recommendations are able to be overturned by the Local School Board, School Facilities Task Force (SFCC), and the Department of Education (KDE). He closed by stating his appreciation for the presenter's appearance in front of the subcommittee.
Chairman Stacy stated an interest in taking the subcommittee members to observe the conditions of schools throughout the state, adding that this would generate a better understanding of the issue than looking at charts and graphs.
Representative Graham stated that he was concerned that decisions being made by the Department of Education (KDE) are not always consistent with the recommendations from the local school districts. There must be cooperation between the KDE and local districts to achieve the best possible outcome for the schools. He then asked if it was the policy of the Commissioner or the KDE to push independent school districts in the state toward a merger with the county school districts. Dr. Stinson replied that he doesn't feel that the KDE has taken any steps to eliminate independent districts, adding that there are positive steps being taken to provide assistance by making a positive impact in the classroom, while still continuing to enforce the rules.
Representative Draud stated that the test scores and achievements from independent districts are very good and he's seen no indication that the state would push these schools to merge. He added that he is proud of the progress made to eliminate Category 5 schools.
Chairman Stacy asked if school districts allowed Priority 2 projects to be moved ahead of Priority 1 projects. Mr. Ryles replied that the intent of prioritizing projects is to allow the General Assembly to determine a timeframe to complete them. In some cases it is necessary for a district to reprioritize a project which is allowed in the regulation, but it is still subject to the approval of the Department of Education (KDE).
Chairman Stacy stated that some members of the General Assembly are concerned that facilities funded in a budget are changed once the legislative session has ended. He asked if the funding should be non-amendable to solve this problem. Mr. Ryles replied that the Department of Education does not allow this to happen in most cases, adding that regulations are going forward to try to remedy the situation.
Chairman Stacy stated disappointment in the School Facilities Construction Commission's (SFCC) handling of funding and use of authority, adding that the wealthy districts get more funding than poor districts with more need. He asked how the determination is made for a facility to qualify for renovation. Mr. Ryles replied that architects and engineers evaluate factors such as accessibility, safety, and feasibility to see if the cost of renovation exceeds 80 percent of replacement, adding that this aids the district in making the decision to recommend renovation.
Chairman Stacy stated that at times state funds are used unwisely in some instances by building a new facility instead of renovating existing facilities. This causes extra funds to be taken out of the pool and away from other districts who may need them. Funding needs to be looked at on the statewide level instead of on a piece by piece basis. He asked if the current formula for funding allows districts with a number of poor facilities to catch up with other districts. Mr. Ryles replied that the task force recommends that districts with a large number of poor facilities continue to receive targeting funding. These small districts with a small tax base are problematic for the formula to reach and the issue is being reviewed to find assistance for these areas.
Representative Nesler stated that he felt the plan for facilities works in most cases, adding that exceptions tend to cause problems for the districts. He explained that the construction of an elementary school at Fancy Farm did not happen though leaders were in agreement, adding that the mishandling of this project causes tension between the taxpayers and the government.
Representative Graham asked if members of the Department of Education take procedural training to help deal with local interests between districts in regional areas of the state, adding that each of these different parts of the state have specific issues and needs. Mr. Stinson replied that there is not a specific attempt to provide training by region, but all information is looked at to make an informed decision in regard to the separate issues. Decisions are made to benefit the state as a whole and sometimes are not optimal on the local level.
Chairman Stacy stated appreciation for the guests and their presentation, adding that the members are here to express and address the concerns of their constituents in making sure that all state dollars are best spent.
There being no further business, the meeting adjourned at 12:00 PM.