NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.

 

The most recent FIR version (in HTML & Adobe PDF formats) is available on the Legislative Website.  The Adobe PDF version includes all attachments, whereas the HTML version does not.  Previously issued FIRs and attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

 

 

F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Sharer

 

DATE TYPED:

3/10/03

 

HB

 

 

SHORT TITLE:

Educational Standards Waivers

 

SB

80/aSEC

 

 

ANALYST:

Segura

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

NFI

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

 

Responses Received From

 

State Department of Education (SDE)

Commission on Higher Education (CHE)

 

SUMMARY

 

     Synopsis of SEC Amendment

 

The Senate Education Committee amendments are technical in nature and do not change the original intent of the bill. The amendment does include a new subsection that reads:

 

The state board shall only waive requirements that do not conflict with the federal No Child Left Behind Act of 2001 or rules adopted pursuant to that act.

                   

     Synopsis of Original Bill

 

Senate Bill 80 adds a section to the Public School Code requiring the State Board of Education (SBE) to waive for all public schools that exceed educational standards certain statutory requirements, including the following:

 

(1)    accreditation review,

(2)    length of school day,

(3)    individual class load requirements,

(4)    subject area requirements,

(5)    graduation requirements,

(6)    evaluation standards for school personnel and

(7)    purchase of instructional materials from the SBE-approved list. 

 

Additional waivers could be requested to support innovations.

 

     Significant Issues

 

Existing statutes provide for a basic set of consistent requirements for all schools.  The SBE cannot currently waive statutory requirements, and the state’s accountability system is developed to reflect those statutory requirements.

 

SDE reports this bill is potentially in conflict with the federal No Child Left Behind Act (NCLB) with a single state accountability system that is applied equally and fairly.  The state accreditation process ensures that a school adheres to statutory requirements that will be aligned with NCLB.                                                                                                                                           

 

ADMINISTRATIVE IMPLICATIONS

 

For the state’s accountability system to be effective, all schools must submit similar data to the SDE in order to ensure appropriate comparisons are made between the SBE’s performance standards, achievement of the schools district’s students and compliance with the provisions of NCLB.

 

TECHNICAL ISSUES

 

Since the waiver process is outlined for schools that exceed educational standards, may it be assumed that these schools would continue to meet all requirements of the State Accountability system and other federal laws such as the NCLB? 

 

POSSIBLE QUESTIONS

 

1.                  Could a waiver of state statutory requirements be construed as giving up legislative

      authority?

2.                  How many school districts have expressed an interest in this type of waivers?

 

RS/njw