|
|
THE CONFERENCE:(11/2008) (1/06) Statement (2/05) -Capitol Correspondent:
********* Life Insight: Columns-2008 2008 PL Conferences
********* 2008
Throughout this website, the NCC provides links to other websites solely for the user's convenience. By providing these links, the NCC assumes no responsibility for, nor does it necessarily endorse the websites or organizations linked. |
PARENT ADVOCATE Dec. 2005 Vol. 12, No. 3; June 2005 Vol. 12, No. 2; Feb. 2005 Vol. 12, No. 1 (from most recent) Microsoft Settlement Benefits Low Income KidsAs part of a class action lawsuit involving the alleged overpricing of Microsoft products sold in Nebraska, the parties to the lawsuit negotiated a settlement that potentially will make available several million dollars worth of computer hardware and software to schools with a significant number of low-income students. Under the terms of the proposed settlement, Nebraska consumers who purchased certain Microsoft products between 1997 and 2002 are entitled to file a claim with the settlement administrator and receive rebate vouchers that can be redeemed for cash on future purchases of computer hardware and software products. The parties to the lawsuit settled on an agreed amount of $22.6 million in rebate vouchers as the approximate value of the claims Nebraskans are entitled to submit.
The parties also assumed that not every Nebraska consumer entitled to claim a rebate voucher will do so. Based upon similar lawsuits in other states, the average claim rate is less than 5%. In order to ensure that a fair amount of the settlement proceeds benefit a significant number of Nebraskans, the settlement proposed to distribute one-half of all unclaimed vouchers (and one-half of vouchers claimed but not redeemed) to public schools with enrollments of 50% or greater free and reduced-price-lunch eligible students (i.e., children from low-income families). The Nebraska Catholic Conference, as a class member representing Nebraska’s Catholic schools, filed an objection to the proposed settlement, asserting that the distribution of unclaimed vouchers to a select group of public schools unfairly excludes and discriminates against similarly-situated, low-income students educated in non-governmental schools. The Nebraska Catholic Conference identified as least 14 Catholic schools in Nebraska that meet the same criteria of 50% or greater enrollment of free and reduced-lunch eligible students. These 14 schools educate approximately 1100 students schools have predominantly minority student enrollments, i.e., African-American, Hispanic/Latino, and/or Native American. The Conference’s objection argued that, as a matter of justice and equity, the proposed settlement needed to be amended so that all schools, non-govern-mental as well as public, which meet the criterion of low-income enrollees would be eligible for the distribution of settlement proceeds. A hearing to approve the proposed settlement, and to consider the Conference’s objection, was held on November 17 in the District Court of Dodge County, Judge John Samson presiding. The judge took the matter under advisement and scheduled a follow-up hearing for November 29. Prior to that hearing, the attorneys for Microsoft and the attorneys representing the settlement class agreed to amend the settlement to include non-governmental schools in the distribution of the unclaimed/unredeemed vouchers. At the November 29 hearing, Judge Samson granted preliminary approval to the revised settlement, and scheduled a subsequent hearing for December 16 to consider granting final approval of the settlement. At the December 16 hearing, public schools whose benefits under the revised settlement will be reduced slightly (less than 3%) had the opportunity to object to the revised settlement and present arguments in favor of the original, discriminatory settlement. At the time Parent Advocate went to press, it was unknown if any public schools intended to appear, and the outcome was yet to be determined. The Catholic Conference extends its
sincerest thanks to NFCSP Vice-President Nicole
Neesen of Omaha who served, pro-bono, as the Conference’s attorney during
court proceedings. The NFCSP board of directors encouraged and supported the
Conference’s plan to file the objection to the original proposed settlement.
NFCSP Encourages Members to Claim Vouchers
The claims deadline was January 16, 2006. Claim forms can be obtained by calling (866) 778-1153 or downloaded at: www.microsoftproductssettle ment.com/nebraska.
Nebraska Department of Education Set to Track All StudentsAll schools in Nebraska are now being instructed by the Nebraska Department of Education (NDE) to assign an identification number to each student. Then, using those numbers, the schools are to electronically file a report allowing NDE to identify, track and monitor the educational progress of every student in the state. The Nebraska Student and Staff Records System (NSSRS) test piloted by a grouping of 15 school districts and non-governmental schools this year, will be operational for all schools by the 2006-07 school year according to NDE timelines. Data collected by the NDE will include each student’s name, date of birth, gender, race/ethnicity, school enrollment data (school, grade level, entry date, exit date), special education status if applicable, Limited English Proficiency status if applicable, and, in the case of public schools, proficiency level on assessments of state standards. Non-governmental schools are not required to report assessment data to the state, but are required by NDE regulations to report student academic achievement to the parents and the governing authority of each school. NDE envisions that the NSSRS data submissions will allow it to efficiently generate various reports required by federal law or desired by state authorities, including more accurate assessment of graduation rates, movement of students between schools, and post-graduate follow-up by coordinating the NSSRS with various post-secondary data bases. Individual schools will be able to extract various reports for their own use as well. Rep. Osborne Opposes Hurricane Relief for Students Attending Private Schools Nebraska Third District Representative Tom Osborne recently opposed legislation proposed by the chairman of the House Education Committee to provide parents of children displaced by Hurricanes Katrina or Rita with federal assistance that could be used to reimburse private schools for costs of educating these children. Rep. Osborne, himself a member of the Education Committee, was absent when that panel rejected the bill, on a 21-26 vote. However, the chairman, Ohio Rep. John Boehner, subsequently asked the House Budget Committee to include the proposal in its budget reconciliation package. That, according to a report by Nebraska Public Radio, prompted Rep. Osborne to join with two other members of the Education Committee in sending a letter to the House Budget Committee urging that the proposal be rejected, which is what ultimately happened. In an interview with the radio network, Rep. Osborne said he sympathized with the desire to assist hurricane victims, but doesn’t think tax dollars should be distributed to private schools: “And my main objection is simply that private schools are able to pick and choose who attends their institution. Sometimes they’re not burdened with some of the more expensive students—children with disabilities and so on—and as a result there’s an uneven playing field.” Rep. Osborne’s views are disappointing and troubling. His ideas about non-governmental schools’ admissions policies are stereotypical and simplistic; while they may be generally true in theory, realities are more complex, if not totally different. Moreover, his comments about children with disabilities show a misunderstanding of public policy governing special education; by law , public school districts are designated as the agents for delivering special education and related services to all eligible children and are provided with additional public funding for these purposes. Throughout the country, more than 12,000 hurricane-displaced students have enrolled in Catholic schools.
Duchesne Academy of the Sacred Heart, Omaha, was identified by the U. S. Department of Education as a No Child Left Behind Blue Ribbon School for 2005. Duchesne was one of only fifty private schools nationwide awarded this honor. The Blue Ribbon School designation is awarded to private schools that score in the top ten percent on standardized tests. Nine Catholic school educators in the Archdiocese of Omaha were honored at the Archbishop’s Dinner for Educational Development in October. Administrators of the year were Betty Getzfred, St. Boniface School in Elgin, and Sheila Haggas, Dushesne Academy in Omaha. Elementary teachers of the year were Peter Menks, Christ the King School in Omaha, and Helen Meyers, St. Michael School in South Sioux City. Secondary teachers of the year were Patricia Dowd, Mount Michael in Elkhorn; Deana Policky, St. Francis School in Humphrey; and Sharon Rief, Central Catholic High School in West Point. Maginn Family Foundation inner-city and special education awards went to Marcia Reagan, St. Bernard School in Omaha, and Jean Sullivan, Sacred Heart School in Omaha. Monsignor Adrian Herbek, Pastor of St. Mary’s Parish in David City, was recently honored for his dedication to Catholic Education by Conception Seminary College in Conception, Missouri. He received the College’s Alumni Award for Distinguished Service. Ordained in 1959, Monsignor Herbek has served as a Catholic school administrator at Wahoo St. Wenceslaus, Lincoln Pius X, and David City Aquinas. He was also instrumental in the development and construction of Bishop Neumann High School in Wahoo and the Cathedral of the Risen Christ in Lincoln.
1.35 Multiplier Defeated Again!For the second time in three years, a proposal to punish successful private school activities programs has been defeated. Known as the 1.35 multiplier, the proposal to revise rules of the Nebraska School Activities Association (NSAA) would have required all private schools in the state to multiply their enrollments by 1.35 for purposes of determining which class the school would be placed in for purposes of extracurricular competitions. Proponents of the concept note that private schools win a disproportionate share of state championships and therefore they must have an unfair advantage over the public schools within their respective class. The “advantages” cited include the ability of private schools to control their enrollments, enrollment of fewer children from low-income families, and ability to exclude children with special needs or limited English proficiency.
One of the many offensive aspects of this attempt to handicap successful competitors was the request by proponents to have the vote on the issue conducted by closed ballot. All other NSAA bylaw changes have historically been conducted by voice vote or show of hands. The proponents apparently believed that their ballot question would receive more favorable response if the delegates did not have to publicly show where they stood on the issue. However, both the request for a closed ballot and the proposition itself were soundly rejected in both of the two NSAA districts in which the proposal was introduced; numerous public schools were included in the opposition. A variation on the proposal, a “subtractor” of sorts, was introduced and adopted in one district. It would permit all schools, public and private, to reduce their enrollment count for classification purposes by not counting students that are deemed unable to participate in extracurricular activities. It will be a ballot question in all six NSAA districts in January.
PARENT ADVOCATE Vol. 12, No. 2, June 2005; Dec. 2005 Vol. 12, No. 3; Feb. 2005 Vol. 12, No. 1Textbook Loan Funding Increased/ ThreatenedThanks to grass-roots lobbying efforts by NFCSP members, the Textbook Loan Program received a meaningful increase in funding and withstood the most serious challenge to its continued existence since the program was declared constitutional in 1989. Early in the legislative session, NFCSP directors and members contacted state senators serving on the Appropriations Committee to request an increase in funding. In response to strong support by committee members Senator Pat Engel and Senator John Synowiecki, the committee voted to infuse an additional $69,000 per year into the program, over and above the $351,000 included in the Governor’s original budget proposal, for a total annual appropriation of $420,000 for each of the next two fiscal years. However, once the Committee’s budget recommendations were sent to the floor of the Legislature for consideration by all 49 state senators, Senator Ernie Chambers filed an amendment to the budget bill proposing to eliminate all funding for the Textbook Loan Program. On May 5, Senator Chambers stepped to the microphone and called the program “a stratagem to circumvent the constitution.” He noted that the state sectarian or religious operation, and constitution prohibits direct aid to a continued, “So religious people are very clever in circumventing the law. They say loan it to us. The effect is the same. That’s what you call defeating the spirit of the law. If you violate the words in the law, you can be punished. If you find a way to violate the spirit, you’re all right. And that’s what the Catholic Church has managed to do, not only in this regard but others.” Senator Mike Friend, the first of several senators to rise in defense of the program, urged his colleagues to defeat the proposed amendment. He and others noted the program’s small impact on the state budget while also noting the vital importance of non-governmental schools to the state and the taxpaying families that choose them for a myriad of reasons. Several senators observed that the program had been litigated all the way to the Nebraska Supreme Court, and that the Court had upheld the program as constitutional in all respects. In the end, Senator Chambers conceded that his amendment had no chance of being adopted and withdrew it before taking it to a vote. The Appropriations Committee’s recommendation of $420,000 for the program sailed through the remainder of the budget debate. NFCSP members are
encouraged to thank Senators Mike Friend, Pat Engel, Mike Foley, Pam
Redfield, John Synowiecki, Adrian Smith, Lowen Kruse and Gail Kopplin
for their vocal support for the program.
School Endowments Could Benefit From LB 28 LB 28, sponsored by Senator Matt Connealy and co-sponsored by 21 other senators, provides a state income tax incentive for individuals and businesses to contribute to permanent endowment funds, including school endowments. The bill was passed, 39-4-6, by the Legislature and signed into law by Gov. Dave Heineman. The bill allows an individual to claim a state income tax credit of 30% of the present value of planned gifts to Nebraska endowments, up to a maximum credit of $10,000. Planned gifts are defined in the bill and include various estate planning devices such as charitable remainder trusts, charitable annuities and paid-up life insurance policies meeting specific criteria established in the federal tax code. Corporations are allowed a 20% credit, up to $10,000, for outright gifts to endowments.
The amount contributed upon which the credit is
claimed cannot also be claimed as a charitable deduction on the taxpayer’s state
income tax return. As enacted, the credits are allowed for tax years commencing
January 1, 2006. The legislation calls for the program to terminate on January
1, 2010.
Advocacy Efforts Still Needed To Preserve Federal Funds For Important No Child Left Behind Programs Three federal education programs highly valued by the private school community are at risk to be eliminated or drastically reduced in the 2006 federal budget. In February, when President Bush released his proposed 2006 budget, no funds were allocated for either Enhancing Education through Technology (NCLB Title II-D) or Safe and Drug Free Schools and Communities (NCLB Title IV-A). Title V-A (Innovative Programs), which was nearly eliminated during the 2005 budget debate, was recommended at a level of $100 million. That amount represents a 50 percent cut from the nearly $200 million appropriated for Innovative Programs in FY 2005 and nearly a two-thirds decrease from the FY 2004 level of $296.5 million. All three of these programs have been widely used by both public and private schools across the country. In a survey the Council for American Private Education (CAPE) conducted this spring to determine the value of these programs to private schools, nearly a thousand school administrators voiced overwhelmingly the critical need for continued funding of these programs. [In Nebraska, Title V, Part A’s average allocation of approximately $5 per pupil per year has resulted in Catholic-school children having access to library materials, computer hardware and software, and audio-visual equipment to which the children might not otherwise have had access. While the per-pupil dollar amount may not seem significant, the precedent of equitable inclusion of private school children in a federal education program is very significant.] Various coalitions of public and private school representatives have formed to convey to Congress the importance of funding these three educational programs. The U.S. Conference of Catholic Bishops recently sent out an Action Alert urging the Catholic school community to: “Please contact your members of Congress by phone, fax, or e-mail and communicate to them that these programs are effective and much-needed within our schools and that the proposed reductions and eliminations would be harmful to the students who rely upon them. All constituents should contact their two Senators and members of the House of Representatives and urge them to continue funding both Enhancing Education Through Technology and Safe and Drug Free Schools and Communities at the same level as in FY 2005. Innovative Programs funding should be returned to that of FY 2004, $296.5 million. During 2004, grassroots efforts to convey to Congress the value of funding NCLB Title V (Innovative Programs) was crucial to funding being restored. Similar efforts will be needed to secure appropriations for Fiscal Year 2006. You Can Make a Difference!
More information about this important document will be published in a future issue of this newsletter.
Notables
Bill graduated from St. Patrick and after college, returned to serve as the school’s Band Instructor. He subsequently became the Dean of Discipline, Principal, and then Superintendent. ************** Omaha Creighton Prep’s Academic Decathlon Team won the state championship for the second year in a row, and represented the State of Nebraska at the national competition where the team took second place in their division. Team members were Colin McMahon, Matthew Kaipust, Craig Reeson, Matthew Seidholz, Sean Kennedy, Daniel Goodroad, Brendan Reilly, William Dooling, and David Gilman. ************** Phil Hranac, Kearney Catholic, won the state boys class C-1 golf championship for the second year in a row. Phil is the son of NFCSP Director Kathie Hranac. ************** Patrick Braga-Henebry, Lincoln Pius X, was selected for the Omaha World-Herald’s 10-member All State Academic Team. Patrick scored 35 on the ACT, 1510 on the SAT, graduated first in his class, and was captain of the speech and debate teams. ************** Other Catholic school students recognized for their academic excellence by the World-Herald included Kyle Francis O’Donnell, Lincoln Pius X, selected for the All Eastern Academic First Team; Natalie J. German, Humphrey St. Francis, Daniel Norwood, Kearney Catholic and Sara Wirth, Grand Island Central Catholic, selected for the All West-Central Academic First Team; and Casey Langwith, Omaha Marian, Colin McMahon and Craig Reeson, Omaha Creighton Prep, selected to the All Metro Academic Second Team. ************** Jane Connealy, a 10th grade English composition and social literature teacher at Lincoln Pius X High School, was named winner of the 2005 Freda Drath Battey Distinguished Educator award from the University of Nebraska-Lincoln College of Education and Human Sciences. The award is presented annually by the college for excellence in teaching, coupled with recognition in other complementary educational activities, such as counseling of students or initiation of student-oriented programs.
2005-06 2006-07 Total General Fund Appropriations: $2,972,439,069 $3,162,797,235 K-12 Programs/Funding (LB 425, Sec. 47)Equalization Aid-Public Schools $ 683,473,181 $ 734,055,263Special Education $ 169,204,057 $ 174,280,179ESU Core Services $ 8,163,027 $ 8,266,325ESU Technology $ 2,533,948 $ 2,566,013High Ability Learners $ 2,336,921 $ 2,336,921School Lunch Subsidy $ 421,087 $ 421,087Textbook Loan Program $ 420,000 $ 420,000School Breakfast Subsidy $ 271,378 $ 271,378In addition, an estimated $250,000,000 per year in federal funds will flow through the state to local school districts as additional state aid. Property taxes and other locally assessed fines and fees allocated to K-12 public education exceed $1 Billion annually according to the Annual Financial Report Statewide Totals published by the Nebraska Department of Education. In total, expenditures on public K-12 education in Nebraska in 2003-04 (the latest year for which figures are available) exceeded $2 Billion, which amounted to an average tax-funded expenditure of $7,798 per public school student.
PARENT ADVOCATE Vol. 12, No. 1, Feb. 2005; Dec. 2005 Vol. 12, No. 3; June 2005 Vol. 12, No. 22005 Legislative Issues Look Familiar! / Action Alert!As the 2005 Legislature moves into high gear, familiar issues are once again the focus of NFCSP advocacy efforts: textbook loan program funding and fair treatment of private-school teachers in professional development programs. One of the primary duties of the Legislature during its sessions in odd-numbered years is adoption of a two-year budget, a task commencing with the submission of a proposed budget by the Governor. This year, he proposed funding for the textbook loan program at the same level as the last two years, or $351,259 per year. During the most recent textbook loan cycle, requests totaled more than $408,000. Under the statutes and regulations governing the program, requests exceeding the appropriation pre-determined by the Legislature during the prior budget cycle are not funded. This resulted in denial of 14% of the textbook loan requests. NFCSP advocates have begun approaching members of the Appropriations Committee about increasing the amount to approximately $424,000, the funding level of the program at the beginning of 2001 before several rounds of budget cuts.
Budgeting a mere $70,000 increase
in textbook loan funding is inexpensive compared to the proposed $61.3
million increase in state aid to public schools. Nonpublic schools educate
12% of the students in Nebraska, but the proposed increase is only 1/10th
of 1% of the proposed increase to public schools. NFCSP members are
encouraged to contact the Appropriations Committee members and urge them to
support an increase in textbook loan program funding. Committee members
are Senators Don Pederson, Chris Beutler, Jim Cudaback, Pat Engel, Lavon
Heidemann, Lowen Kruse, Marian Price, John Synowiecki, and Nancy
Thompson. (see contact info on pg. 2) LB 467, which had a public hearing before the Education Committee Feb. 7, contains several initiatives sought by the Nebraska Department of Education. Section 7 of the bill establishes the Highly Qualified Teacher Program, which consists of providing tuition reimbursement to teachers who pursue additional college credits in their area of teaching or an endorsement in another area of teaching. As drafted, the bill is discriminatory; it provides the tuition reimbursement only to public school teachers. Nebraska’s non-governmental school teachers collectively educate approximately 40,000 students, or one out of every eight students in the state. Catholic schools alone educate approximately 30,000 students. For comparison purposes, the Omaha public school district educates approximately 45,000 students, and the Lincoln public school district educates approximately 31,000 students. Clearly, private/parochial school teachers contribute a great deal to Nebraska’s education framework for the mutual benefit of all Nebraskans, just like their public school counterparts.
NFCSP members are encouraged to
e-mail or write letters to the Education Committee members and urge them to
amend the bill to extend the proposed state-sponsored professional
development incentives to state certificated teachers employed in state
approved and accredited non-governmental
schools. The introducer of the bill is
Senator Dennis Byars of Beatrice. Other members of the Education
Committee, besides Senator Byars, are Senators Ron Raikes, Patrick
Bourne, Gwen Howard, Gail Kopplin, Vickie McDonald, Ed Schrock and
Elaine Stuhr.
Write a Note,
Influence a Vote Sometimes just a few letters, calls or e-mail messages can be the determining factor in how a legislator votes! Here are a few suggestions for writing an effective letter or e-mail to your legislator: § Identify the topic, including the bill or amendment number. § Be yourself. Use your own words and be direct and specific in stating your position, either for or against the bill or amendment. § Make it clear why you are taking that position. If possible, use personal examples of how and why the issue makes a difference to you. § Be positive, never curt and do not make threats. § Avoid using undue criticism and express appreciation for a recent vote, if you can. § Focus on being persuasive, but do not overlook opportunities to express thanks when your legislator votes the way you like. If, on the other hand, the legislator casts a vote which is contrary to your views, do not hesitate to let the legislator know of your disapproval, in a polite way. You might prefer to telephone a legislator, especially if time is short. When talking to the senator, or a member of his/her staff: § Identify yourself, and give your address. § If you reside in the legislator’s district be sure to identify yourself as a constituent. Follow-up a telephone conversation with a short letter or e-mail expressing thanks and reiterating your strongest points.
You may contact any senator marked with an asterisk (*) by e-mail by typing the initial of the legislator’s first name plus complete last name followed by @unicam.state.ne.us (example: jdoe@unicam.state.ne.us ). You can also e-mail the senator through the Nebraska Legislative webpage at www.unicam.state.ne.us . The senator’s regular mailing address is: Name, District No., Nebraska State Legislature, P.O. Box 94604, Lincoln, NE 68509-4604.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Notables
Multiplying
the enrollments of all private schools by 1.35 artificially inflates the
enrollment numbers and thus causes many such schools to compete in a higher
class (e.g., in basketball, Class B Lincoln Pius X would have to compete in
Class A; Class C-2 West Point Central Catholic and North Platte St. Patrick
would have to compete in Class C-1).
Bill
McGahan
