SB 271 is a sneaky, last minute revision--of an already bad policy--literally written by Parents for Choice in Education with only one purpose: label schools as "failing" as an excuse for vouchers

The many topics this post touches on are all worthy of lengthy pieces that I don't have time for.  However, the links are excellent and the cut-and-pasting will be informative.

 1.  An overview of SB 271 and how it was purposefully held back until the end of the session in order to avoid most public scrutiny, especially the House Education Committee.  (A familiar tactic used with HB 477)

2.  The whole philosophy underlying the law--that lazy or bad teachers and administrators are the unique cause of public school problems, and that pressuring them through simplistic public "accountability" measures will make them work harder--is flawed.  Teachers are the most important school based factor in education, but school based factors are only 20% of the factors behind "student achievement."  The explicit message of laws like this is that the 60% of achievement explained by student and family background characteristics are only "excuses," and the low grades of poorer schools just show that those teachers and administrators are poor.

3.  The origins of school grading spring from Jeb Bush in Florida.  He then used his "non-profit organization" and ALEC to spread the practice as far as possible.  This has been touted as a great success by reform advocates.  To the surprise of no one, emails have been unearthed further demonstrating that Jeb Bush has been manipulating laws to funnel education money to connected companies (See Stephenson, Howard: Utah), including the absolute dependence on expensive standardized tests for school, teacher, and student data.  The proposals all have different details, but the school grades have not been successful in improving education in other states, including the original, Florida-- 1 and 2. See also Indiana...and note that the flawed grades there were leading to 22% D and F ratings of schools.  (Florida rated fewer than 10% of their schools as D or F.)  The PCE proposal in SB 271 would rate over 50% of Utah schools as D or F.  Does anyone not trying to make money off of miracle schools or software believe that?

4.  The statistical basis of comparison in both the current and proposed versions of school grading (see lines 52-56 & 89-112 of SB 271) is the Student Growth Percentile or SGP.  This has become a common measure to rate schools and teachers, but the creator of the measurement has declared that it is a measurement of student achievement not meant to make any determination of cause...such as what factors of the school or teacher caused that growth.  Here's the technical explanation of why that is (the context is rating teachers based on SGP's, and every problem exists equally at a school level ranking which is really an amalgation of teacher rankings according to SGP) as well as the source of that quote about the measurement.  And another by the same author, Rutgers professor and statistician, Bruce Baker.  Here's an illustrated version by another excellent education blogger.  The New Jersey evaluation in question has some differing details, but the core critique here is the same: that the compared sets of students matched by score independent of context actually condemn many excellent teachers working with difficult students and likely obscure some poorer teachers working with more advantaged students.

5.  It will be statistically impossible to compare scores for two years because of our new curriculum and testing, yet both plans will ram numbers into a formula and do it anyway.  Almost all schools have transitioned into teaching the new English and math cores this year, despite the fact we will still take the old CRT end-of-year tests this year.  That could be bad in English, but it is ridiculously bad for math.  The students have been sorted into Math 7, Math 8, and Math 9 classes independent of math skill, and they study parts of pre-algebra, algebra, and geometry each year.  Secondary math teachers have been working like first-year teachers again trying to keep up.  However, there are no tests to match what they are learning, so they will be given tests from the old classes.  An 8th grade class may have to take an algebra test, even though they may have only devoted 30% of their time to that subject. 

Comparing the scores of these tests to last year when the students were actually in those classes and taught that content to this year when they will NOT be able to study all of the same things is "educational malpractice" to quote Senator Stephenson.

Students will take the new computer-adaptive tests based on the new core in the spring of 2014.  These scores from a completely different test, with different questions and types of questions, and based on a different core will be compared to this year's tests based on the old core, but taken by students being taught the new core.

The comparisons and thus school grades will be invalid and actually misleading, but "educational malpractice" is only bad if it prevents legislative pet projects, not enables them.

6.  The "old formula" actually has never been used--it has been in the planning and working-out-kinks phase for two years--with frequent communication between the Utah State Office of Education and Senator Niederhauser.  The school grading was delayed last year specifically so the formula (as crappy as I think it is) could be further refined, as specifically stated by Senator Niederhauser.

7.  Parents for Choice in Education and Senator Adams are lying.   They claim that SB 271 is somehow a natural extension of the original school grades as understood and implemented over the last two years.  I hope Senator Niederhauser isn't fudging the truth too, but he may be.  I am very suspicious of his original intentions in passing the bill in 2011. 

Testimony at the March 8 meeting of the State School Board, along with Senator Niederhauser's quote above, explained that the formula had been worked on collaboratively for two years.

It seems to me that Senator Adams admitted that his bill is a new concept when he said, "This bill actually sets criteria that is more reflective of what school grading should be."

In two Urgent Action email action blasts sent two hours apart yesterday afternoon, PCE claimed very different facts about both the intentions of Niederhauser and the legislature and how the school grades about to take effect are "vague" and do not provide "accurate accountability."

Senator Adams, on behalf of President Niederhauser, is sponsoring SB271 - School Grading Amendments - making final technical changes to solidify the positive work the legislature has done to provide parents and citizens with clear accountability and transparency for the performance of all public schools.

 

The opposition is working hard to strip the standards of measurement out of the existing law, leaving it vague and creating a moving target on what signifies student growth from year to year. This would not provide accurate accountability for how our students are actually performing. 

President Niederhauser and Senator Adams believe that every child is capable of making a years worth of growth in a years worth of time. The original School Grading law and SB271 both recognize this and reward schools for both the number of students who are proficient as well as those who achieve a full year's growth! We cannot allow this principle to be undermined. The opposition favors a system that equally distributes how many schools get each letter grade, establishing a false measure of accountability that predetermines winners and losers rather than setting a standard whereby all schools can strive to achieve success!

.. 

We need School Grading to move forward as the legislature intended. The Senate has already passed SB271. We need the House of Representatives to approve this amendment! 

 

Please take a few minutes to contact your Representative right now! Tell them you support SB271 and ask them to fully support Senator Adams and President Niederhauser in bringing clear accountability and transparency to our public schools through School Grading.

They are blatantly lying that the punitive changes and last minute unveiling of SB 271 are just "technical changes" to move school grading forward "as the legislature intended."  But they may be telling the truth that they convinced Adams and Neiderhauser to run the bill this way in order for Niederhauser to avoid being the bad guy.  Niederhauser spoke in favor of the bill and said it just needed "tweaks" if the House was concerned.  He didn't mention working with any educators and their concerns.  I think the State Board of Education may have just been speaking diplomatically when they said they felt supported by Senator Niederhauser last week.

8.  The newly proposed formula in SB 271, intentionally held until the last 10 days of the session to avoid public comment and rush the bill through hurried votes, sets up a system with bars so high that almost all Utah schools will rank as "D" or "F schools."  (It also sets up two separate grading systems because of legal requirements and makes Utah the only state of those adopting school grades to put the exact measurements into law, making them extremely difficult to revise, even during the once-a-year legislative session. ) This negative labeling is intentional in PCE's bill because of their intense antagonism toward the public schools that educate the vast majority of Utah children.

9.  In the interim education committee meetings in 2011 after the original school grading bill passed, Senator Stephenson went public with his desire to identify and punish "F schools" by privatizing them, whether the measurements were accurate or not.  Senator Niederhauser certainly knew Senator Stephenson's intentions and that school grading had been used for this purpose in New York.  (They support schools with low grades in Florida with millions of dollars of assistance, while they just close down "bad schools" in New York and cross their fingers.  Guess which model Utah's law follows.)

10.  The intentionally impossible-to-reach standards for a school grade of "A,"  based completely on test scores set by SB 271, are meant to strengthen the propaganda that Utah schools are failing, and then give cover for school closings and transfers to private parties.  Senator Niederhauser voted for SB 271 as it now stands yesterday.  If he starts out his Senate Presidency with this underhanded betrayal of the collaborative work of two years with educators, he will confirm his true opposition to public ed in Utah and support of privatization and vouchers. 

From the horses' mouths: SB 110 moves toward vouchers; SB 133, SB 82, and SB 257 are designed to gather all Utah students' data in one place and allow national vendors free access

SB 110 School-Based Budgeting

During the Senate Education Committee hearing, Stephenson says, "I believe we could empower school communities to actually take charge of their budgets."

Lisa Snell of the libertarian think tank, the Reason Foundation, says "This is not a new program. It’s not a crazy idea,"

Later, Stephenson says, "I’m fighting disinformation – they’re saying this is some kind of voucher bill, and it’s got nothing to do with vouchers.”

Then Lisa Snell, co-author of Reason Foundation's Annual Privatization Report,  says on March 5th "student-based budgeting or backpack funding is both all about vouchers AND part of a movement toward a totally new public education system.

"The growth of student-based budgeting in school districts and a few states mirrors a national trend toward more decentralized school funding where the money follows the child. In the United States, we are in a transition period, moving from funding institutions to funding students. K-12 education funding is moving closer to the funding model for higher education, where the money follows students to the public, private or nonprofit school of their choice."  (Underline and bold text mine)

SB 82 Student Achievement Backpack and SB 257 Personalized Educator Evaluation Technology with SB 133 School Performance Report Amendments as an enabler making sure all of the data, every student's test score in every classroom of more than 10 students, is legally accessible.

In the Senate Education Committee, Jerry Stevenson says about SB 82 ""It adds transparency to what our education system is doing,"

Judi Park of the State Office of Education says, ""It's going to be much more costly than what the fiscal note would suggest."

Howard Stephenson says, ""I just support this bill 100 percent, and I think what we're hearing in opposition to it are excuses for not wanting parents to receive this information," he said. "Parents have a right to all the information in the most easily accessible way."  So it's all about the parents and their rights.

I say, "Every parent in every district in the state can log into a website and see their student's grades, test scores, records, etc.  This unnecessary bill,SB 82, is a transparent ploy for some other goal."

Just before the South by Southwest (SXWE) educational technology conference this week, educational technology salesman and advocate, and friend and presenter at Parents For Choice in Education conferences, Tom Vander Ark, says,

The Ed-Fi solution extracts student information from a variety of educational data systems, and then standardizes, integrates and communicates it to educators and other parties through Web-based dashboards, reports and other applications.  Ten states license the Ed-Fi solution directly and four additional states benefit from partnerships with inBloom, which uses Ed-Fi XML interchanges to support states’ and districts’ adoption of personalized learning tools....

Digital Learning Now! created a 10 element state policy framework that embraces the potential of digital learning–all 10 elements rely on a great longitudinal data system.  DLN is releasing a Smart Series paper every month on critical digital learning topics.  The second paper Data Backpacks: Portable Records & Learner Profiles detailed next steps for states. 

 States should:
Adopt the Ed-Fi standards and join the Ed-Fi Alliance.

District and school leaders should:
 Encourage your state to adopt the Ed-Fi solution to ease transfer of gradebook data and use of common dashboards and reporting tools.
Work with a vendor on a super gradebook and expanded learner profile.

 (underlining mine)
So Ed-Fi = inBloom = massive database of student data for vendors.
SB 82 = "super gradebook" necessary to "ease transfer of gradebook data" to Ed-Fi/inBloom

During SXSW, Tom Vander Ark says,

Data is Beautiful.  inBloom is everywhere at SXSW with briefings, receptions, and parties. Along with the subtler Ed-Fi Alliance launch, data plumbing, policies and tools are all the rage in Austin.

 Marketing as education policy...

The paper mentioned above, Data Backpacks: Portable Records & Learner Profiles, outlines the goals and connected programs of this "Big Data" (their words) push.

To paraphrase the paper: It's hard to see your student's records with fees and forms.  [Is this true anywhere in the US in 2013?] Data is in a "patchwork" of systems. [That's an obvious buzzword of the paper. Turn it around and say "States and districts have insisted on autonomy when choosing data and grading programs.]

To quote from pgs 5-6:

"This expanded Learner Profile

must represent a holistic view of the

student’s unique learning preferences,

such as his or her best learning modality

(such as, “does the student learn best

through visual representations in some

cases and with hands-on learning in

others?”) and learning environment

(such as, “does the student perform

better in small-group or whole-class

settings?”)

Next-generation digital

tools, services, platforms, and systems

now give us the opportunity to collect

and classify information down to the

individual keystrokes of comparable

students in parallel situations.
(Underline mine)

Pg. 2 and 12: Make a new official transcript called the student backpack, specifically to enable the data (the uncomfortably specific data detailed above) to be shared with the inBloom database and mined by vendors.

Pg. 11 sidebar: BloomBoard is the designated "personal teacher professional development plan" program  SB 257 designed to be compatible with the new super gradebook SB 82.

The dots have been connected.  I half apologize to Common core conspiracy theorists.  You got part of the scheme right; you just missed who was perpetrating it.  Bill Gates and a bunch of unethical education technology profiteers want to eliminate student privacy and destroy neighborhood schools in order to enable a voucher system that funnels money to the best advertisers. 

Howard Stephenson, Stuart Adams, and Parents for Choice in Education shill for legislation in behalf of these national organizations who do not care what the majority of Utah parents want for our children.  Their words talk about "students, not systems," but their actions show that their motive is just to force students into a different system meant to exploit them for the profits of connected individuals and companies.

Connect the dots: Stephenson & Adams want to give away public ed. money to connected companies…and enable a national database of Utah students to be mined for profit??

                                      (UPDATE AT BOTTOM OF POST 3-9-13)
I’ve got a lot to say about custom RFP’s (Referrals to Friends of stePhenson) this session and in the past (Imagine Learning, iSchool, Waterford, etc.), but I’ll have to limit my focus tonight. Senator Stuart Adams had become PCE’s admitted newest waterboy over the last couple of sessions, and I’m fairly certain they coordinate and spread around which of their legislator friends will carry certain bills.

1. Senator Howard Stephenson wants to make sure all legal obstacles to accessing and publishing teacher data—student scores grouped by teacher—are removed with his SB 133. He claims the public will benefit from teachers being ranked and compared by standardized test scores. All questions of population and demographics, and the inevitable screwing over of special ed., ELL, and other poor students, are waved off: “There will be plenty of context.” (The simple fiscal note also took a month to be returned, resulting in this bill being slightly hurried in the second half of the session.)

As a separate caveat that will be important further down, remember that all of this supposed “teacher data” is more accurately a bunch of individual student test scores. The scores of actual Utah students attached to records containing names, grades, and social security numbers.

(The whole concept is wrong because of important technical and practical considerations, as well as questionably moral. Here is a one link to the posts on VAM (Value-Added Measurement) by an educational statistician at Rutgers, with a large focus on New York where this has already happened and been demonstrated inaccurate and harmful to teachers AND thus students. )

2. Senator Jerry Stevenson is now running SB 82, Student Achievement Backpack.  This bill’s original non-public drafting was requested by Howard Stephenson, and the numbered bill was listed under his name until a few days ago. Somehow the bill got switched to another senator; I suspect this was in order to diffuse the concentration of educational software bills being promoted by Stephenson. (This bill was not revealed to the public until late February and then was held in committee for two more weeks, ensuring that it will not have to go through the House Education Committee and face more testimony from the public. It will instead be rushed right to the House Floor Calendar if it passes the Senate. The public may not comment on the floor, unless they have the legislators’ personal cell numbers to text like the lobbyists do.)

I believe every school district in Utah has an online portal where parents can access their student’s records, seeing their current grades and past test performance. I could be wrong about some rural district, but I doubt it. All parents have to do is log in. In keeping with local control and budget priorities, the contracts for providing these online services are handled by the individual districts. When students switch schools, the records with grades and test scores are sent on with the student, with a slight delay while the new school requests the record from the old one.

So the bill really is pointless. Half a million dollars this year and $110K a year to duplicate what already exists, but centralized and controlled by the state. However Stephenson was vehement in his support for the concept and criticism of the educators who were explaining this to the Senate Education committee. All of the concerns about duplication and wasting scarce education fund money were only “excuses for not wanting parents to receive this information.”  It’s all about the children you selfish teachers! (Notice that the sponsor has chosen not to make the fiscal note public. Does it contain any concerns that the claimed costs are too low?) PCE’s spokesperson perpetuated the misconception that having access to your student’s records was some new innovation.

3. Stephenson certainly has a specific company, who may or may not be one of the Utah Taxpayers Association’s secret clients, in mind to design and administer this database. He has demonstrated in the past that he has no qualms about tailoring RFP’s (Requests For Proposals) in order to ensure that a favored contractor wins the government contract.

4. There’s a larger playing field of educational philosophy these bills are being positioned on. Both bills are based on and tacitly strengthen the assumption that teachers are the only variable that matters in education, and that their interests are opposed to students. There are many horrible teachers lazing around, and if we only pressure them more by centralizing this newly available data on teachers and students, we’ll quickly and innovatively find magic silver bullets to educate poor students that are cheap AND effective! (One of those assumptions is actually true, and leads to substantial profits for those involved…)

Both also lay the ground for a largely privatized system of “backpack” funding, the euphemistic term for vouchers, where students are constantly switching schools or “voting with their feet” in a competitive arena of variously priced schools. Of course, continually jumping back and forth between schools and losing most neighborhood schools, except those still educating the very poorest and most disabled students, won’t harm the students academically or socially.

4. Having all Utah students’ data in one expensive, redundant database at the state would I guess allow for slightly easier transfers in such a scenario. Charters often struggle a little bit more sending information in a timely fashion as they don’t always have the same staff and experience with the paperwork as the districts, but it still seems a bit weird to be pushing this so hard.

5. So now look at Senator Adam’s other seemingly unconnected bill which was the most out-of-the-blue bolt of technological wonder in a session full of software that will save education, SB 257, Personalized Education Evaluation Technology.  (This bill wasn’t revealed to the public until the last day of February. It too will skip public comment in the House Education Committee.)

Wow. What a concept! We’ll push the total dismantling of district economies of scale and teacher contracts with SB 110, mandating a huge increase in principals’ budgeting and HR responsibilities, but then pilot a way to have a computer program replace their evaluations of teachers. Maybe it makes a strange kind of sense. If you plan on making the principal do what a staff of accountants and HR people previously handled at the district level, he or she will not have time for the unimportant work of observing and mentoring teachers. It’s a great way to spend $70,000 this year before expanding the program next year and claiming that this isn’t taking away local control. “21st Century local control” means you get to turn the computer on yourself.

I don’t for a second believe Senator Adams (or even Senator Stephenson) came up with this chestnut alone. Who in the world is pushing this solution searching desperately for a problem?

6. While my head was spinning from the ridiculousness of this newest way to claim technology can replace teachers and principals (ridiculousness that passed the Senate Education Committee on a 5-1 vote earlier today), I saw a bunch of tweets from some national education people I follow about the Gates Foundation’s national student database. I continue to be very “meh” on the Common Core, but have largely dismissed the conspiracy theorists claiming the national takeover. It was hard for me to swallow their hypocritical denunciations of the Gates Foundation funding and backing, when they accepted their money and theories, as well as other out-of-state millions from Walmart channeled through Parents for Choice in Education, when they backed their pet proposals for merit pay or vouchers.

But this new information about what the Gates foundation is doing along with Fox New’s educational software company, Amplify, and others, is something that may unite varied groups in Utah against national student databases. It’s not the government gathering student data into one place to exploit our children; it’s educational software companies...

A few excerpts from a Reuters article from the SXSWedu technology conference going on right now in Texas:

But the most influential new product may be the least flashy: a $100 million database built to chart the academic paths of public school students from kindergarten through high school.

In operation just three months, the database already holds files on millions of children identified by name, address and sometimes social security number. Learning disabilities are documented, test scores recorded, attendance noted. In some cases, the database tracks student hobbies, career goals, attitudes toward school - even homework completion.

Local education officials retain legal control over their students' information. But federal law allows them to share files in their portion of the database with private companies selling educational products and services.

Entrepreneurs can't wait.

…

The database is a joint project of the Bill & Melinda Gates Foundation, which provided most of the funding, the Carnegie Corporation of New York and school officials from several states. Amplify Education, a division of Rupert Murdoch's News Corp, built the infrastructure over the past 18 months. When it was ready, the Gates Foundation turned the database over to a newly created nonprofit, inBloom Inc, which will run it.

…

Schools do not need parental consent to share student records with any "school official" who has a "legitimate educational interest," according to the Department of Education. The department defines "school official" to include private companies hired by the school, so long as they use the data only for the purposes spelled out in their contracts. 

The article interviews several software executives who will use this database to “personalize” programs for students as they sell them. Then it interestingly moves on to professional development for teachers.

Companies with access to the database will also be able to identify struggling teachers and pinpoint which concepts their students are failing to master. One startup that could benefit: BloomBoard, which sells schools professional development plans customized to each teacher.

The new database "is a godsend for us," said Jason Lange, the chief executive of BloomBoard. "It allows us to collect more data faster, quicker and cheaper." 

What a fortunate coincidence! Read the “open” RFP for software in SB 257 lines 55-76.  This program must contain “personalized professional development plans” with a “reporting dashboard,” a “free observation tool,” and a “free online library of professional development. ” Now go to Bloomboard’s website and see what three features are offered on the front page:

• Free observation & evaluation tools for districts

• Individualized learning plans & personalized support recommendations for teachers

• An open marketplace of workshops and resources for professional development

Next, scroll down one page to watch the handy video, remembering that lines 64-66 of the bill require the program to tell you the most effective resources according to “data on the implementation of professional development activities.” Another lucky break! This program happens to claim that exact function. (1:13-1:26 in video.)


Very convincing.  Evaluations are hard!

One page below, the sample dashboard with three tabs is even more convincing. The very non-generic evaluation and goals under the “Coach” tab are powerful, and the “Connect” tab shows an “online library of professional development” complete with articles and videos of classroom games, all apparently categorized on Levels 1 to 4. You just plug in a teacher’s test scores and a video, and this program, based on a proprietary collection of data that is 100% trustworthy, will give us personalized weblinks to other peoples’ educational training that we never could have googled ourselves. The program will pay for itself because now we can stop paying teachers to meet together for professional development. They will just go home and on their own time read a few links of “online resources” that are “more personalized” than face-to-face training. It’s brilliant!

7. And the key to making this marvelous miracle of 21st Century education work…a database with all of the students’ scores, identified by teacher and class, gathered to one central location.

This would normally seem an insurmountable obstacle in a state devoted to protecting its children.  However, in *another* fortunate coincidence, SB 133 allows the necessary data to be made available, and SB 82 unnecessarily gathers it into one central database. SB 257’s coincidental match with Bloomboard’s specifications will then not be in vain, and BOTH school choice AND school profits will be enabled. And all for the children.

Life is just full of surprises.

UPDATE:  Well, I found some smoking guns of a sort.  There is no more need to only infer what is happening from the non-coincidental program links.  I have quotes from those organizing the massive database, inBloom or Ed-Fi. The dots have been connected.  They make a cute picture of a dollar sign: $ :which is now hanging on Bill Gates' refrigerator. 

PCE wants pro voucher State School Board candidates by Thursday for flawed elections, and UEA "monopolizes" the caucus??

Parents for Choice in Education (PCE) appealed to supporters today to file and run for the State School Board. They realize informed advocates of public education on the board often intelligently oppose PCE initiatives to weaken public education and want a majority of sympathetic votes.

The Parents for Choice in Education PAC operates on extremely large out-of-state donations from anti-public ed. organizations and individuals. They literally have no grassroots financial support in Utah. They reported over $209,000 dollars sitting in their PAC account on their August 2011 report, which is the most recent posted at the Lt. Governor's website. This money came from large donations in the election years of 2010 and 2008. (The state switched systems in 2008, and the reports showing the millions of out-of-state money received during the voucher fight in 2007 and the systematic support of pro-voucher candidates in 2004 and 2006 do not show up. I know there's some way to link to the old system. I would be grateful if anyone could post a link in the comments.)

The PCE PAC received $179,000 in 2010. $4000 was from the Conservative Caucus of Utah politicians; the other $175,000 came from two national anti-public education organzations: All Children Matter, founded by the DeVos and Walton families, and The American Federation for Children, a new group (with the same founding board as the National Alliance for school Choice) founded by the same people apparently to avoid the bad publicity from All Children Matter being fined $5.2 million for hidden illegal campaign contributions in Ohio. (It looks like PCE was one of the final recipients of All Children Matter funds before it became defunct) The AFC is apparently also closely affiliated with ALEC and its proscriptive model bills to weaken public education. In 2008, the PAC received just over $342,000. $175,000 came from All Children Matter; $164,000 came from Patrick Bryne, the Overstock.com CEO who contributed millions in 2007 to the voucher campaign and continues as one of the only 3 sponsors of Howard Stephenson's Red Meat Radio program; the other $3424 was donated by the Board Members of PCE.

PCE has poured tens of thousands into State School Board elections before, and appears to be ready to enter the fray this year again. They are looking for candidates in all districts having an election this year: 1, 4, 7, 8, 10, 11, 12, 13, and 15. Here is part of PCE's plea:

Dear School Choice Supporter,

If we want to empower parents with quality school choice options, both public and private, we absolutely must recruit like-minded candidates for the State Board of Education. The innovation and reform necessary to improve our public school system will require a majority of supportive board members - something we currently do not have. This upcoming election provides us with a rare opportunity to change this!

We urge you to please consider becoming a candidate for fthe Utah State Board of Education. If, we ask you to help us recruit good candidates to run for the 9 spots up for election this year.

We need committed individuals to serve who understand how critical it is that we find solutions for an outdated public school system that will better meet the diverse learning needs of our students. 21st century innovation has the power to transform our one-size-fits-all system. The State Board of Education and the legislature have the most direct influence on our state's K-12 education. We can't expect change unless we are willing to get involved!

The whole process for State School Board elections is literally run by special interests, as a committee of industry lobbyists and then the governor get to select which candidates the public gets to vote on in this non-partisan election. This is detailed here, here (with more links to the 2008 vote), and here. (Gov. Herbert has expressed his desire for an open election, but the latest in many attempts to un-rig the elections, HB 331, appears to have had a weird provision for the primary date, increasing costs, and was killed by the House Education Committee without a hearing)

In 2008, there were shenanigans in my State School Board district 13, where the election winner resigned the day the election was certified because he suddenly "discovered" that he didn't live in the district, ensuring that the BYU Education professor who would have otherwise been eligible to contest the seat had no opportunity. The erstwhile winner, C. Mark Openshaw refused to answer opinion surveys and emails while campaigning, literally putting up no signs and making no campaign appearances. His family's blog said he didn't even want to win!

It appears Mr. Openshaw is running again from the state candidate website (Scroll to the bottom), and unopposed, though his paperwork is not linked like the others as of this moment. What kind of school board member was he the last 4 years? I have no idea. Maybe I would actually love his representation on the board, but I have no easy way of knowing. I saw his name mentioned one time in the paper with a lukewarm comment about the upcoming school grading system. The State School Board needs to get some sort of public vote display up on their website showing official votes of each individual on proposals. That would be positive all around and give voters better information on which to base their votes.

Two of the districts, 10 and 12, have no candidates filed today, two days before the deadline. The positive thing is that if only two candidates file for a district race, they get to completely avoid the flawed lobbyist selection board and governor narrowing. The scary thought is that some of these candidates might run unopposed. Who will sign up for an automatic State School Board seat on Thursday afternoon? We'll see how it shakes out.

PCE also encouraged supporters to run for delegates at the caucus with this comment:

The teacher's union works hard to monopolize the caucus system, ensuring their powerful stronghold and dominance over our taxpayer-funded, public school system. YOU can make sure this doesn't happen! Get involved in the legislative process and become a Delegate.

After years of barely fighting off destructive voucher proposals and other bad policy, I only wish public education supporters had more "dominance" PCE. I only wish. If more teachers would run and become delegates, maybe we could get support for more legislators in Utah Valley who value public education like the silent majority does. Our "taxpayer-funded, public school system" needs to continue to serve the public, not the whims of out-of-state multi-millionaires.

.

Online education silver bullets: Big fights today over funding Electronic High School, but really the repeal of SB65 virtual vouchers via HB 147

I try to know everything about everything, but I just don't know a lot about the Electronic High School of Utah. This post will probably be less informative than some, but I'm hoping to get some clarification from comments and/or if I can listen this afternoon to the House Education Committee hearing on two related bills. I did learn as I wrote the post that Rep. Brad Last's HB 147 contains a final section REPEALING Howard Stephenson's SB 65 Statewide Online Education program that falsely divided and diverted education funding into online vouchers. That explanation comes after I explain some background on last year's bill and others this year.

The Electronic High School currently gets funded a lump sum and is available in a non-competitive role as a public school. Students can completely enroll there, take just a few classes, or make up classes they failed. Last year's SB 65, Howard Stephenson's "virtual voucher" bill, authorized payments of a large percentage of student funding to any public online school per class that a student enrolled in. During the committee hearing on the bill, Stephenson said he supported Electronic High School at first, but that it was time for it to transition over to competitive funding and stand on its own. I am not 100% sure what actually happened in the wording of the substituted and amended bill. Lines 79-89 address Electronic High School, and lines 182-190 show that it is eligible one year later than other entities to participate somehow...and that's all my tired brain can do right now. I'm not sure when or if Electronic High School loses its dedicated funding stream.

SB 65 diverted big chunks of per student funding to any online provider (even private as Stephenson envisioned, but he was eventually forced to amend the bill to only address public online classes) under the false paradigm that per student funding statistics are true marginal costs, when student funding is actually pooled and shared hyper-efficiently. (See my recent post on Tuition Tax Credits for a long explanation of the funding pie.) Schools cannot maintain current programs and function when too much money is diverted away to other programs.

This year, Stephenson is running SB 178, which amends his SB 65 from last year. I'm really unsure that I have my head around what this bill and the next two I will discuss actually do. There are moving pieces and multiple ripple effects as funding and enrollment of charter and traditional schools are modified. SB 178 appears to decrease the amount of funding flowing from districts and charter schools to online programs per class. The bill also deals with how much FTE a student can count for (The district subdivides its pooled funding per student further, dictating how many teachers a school can hire, which is just an arbitrary method of distributing funds evenly. This unit used on the district level is called FTE.), but I don't get how it is different than the original SB 65. I doubt it's really too hard on online providers or great for districts, but I could be wrong here. Another sign is that Parents for Choice in Education bill tracker says they "initiated" this bill. (A revealing list. who's carrying PCE's water?) SB 178 passed a Senate Education committee hearing and is on the Senate floor.

There are two additional bills dealing with Electronic High School scheduled to be debated in the House Education Committee today at 4:00 pm. (Agenda)

The first is Rep. Sandstrom's HB 336. I definitely don't understand the ramifications of this one. Its summary states:

This bill:
12 . specifies the purpose of the Electronic High School;
13 . provides that the Electronic High School may only offer courses required for high
14 school graduation or that fulfill core curriculum course requirements;
15 . removes the Electronic High School as an online course provider in the Statewide
16 Online Education Program; and
17 . makes technical amendments.

I don't know what removing Electronic High School from the SB 65 program really does to it. I'm not sure what classes are being offered currently that do not fulfill graduation requirements. I also don't know what the intent language in lines 55-64 does as it seems to just repeat the lines that were crossed out, Lines 79-91. But PCE opposes this bill with this complaint:

Allows EHS to continue to operate with line item funding, no accountability for student outcomes, and no accountability for funding with a reported 30% - 50% completion rate

So it appears that this keeps EHS open for all students to attend as it currently functions.

Brad Last's HB 147 has some identical provisions to HB 336, and also seems to share other provisions with SB 178. But PCE is spitting mad about this one and is email blasting its followers with all caps warnings that defeating this bill is its #1 priority. (Emphasis is my representation of theirs). The summary reads:

This bill:
12 . specifies the purpose of the Electronic High School;
13 . provides that the Electronic High School may only offer courses required for high
14 school graduation or that fulfill core curriculum course requirements;
15 . requires a school district or charter school to offer online courses at the grades 9
16 through 12 level and online concurrent enrollment courses to students enrolled in
17 the school district or charter school in grades 11 and 12;
18 . allows a school district or charter school to develop and teach online courses, and to
19 ensure a wide selection of high quality online courses are offered;
20 . requires a school district or charter school to contract with an entity for online
21 course content or online course instruction;
22 . allows a school district or charter school to form a consortium with other school
23 districts or charter schools for the purpose of contracting with an entity for online
24 course content or online course instruction;
25 . allows a student the option to enroll in online courses for a certain number of course
26 credits each year;
27 . provides that online course credit hours are included in daily membership, except a

28 student may not count as more than one FTE, unless the student intends to complete high
29 school graduation requirements and exit high school early;
30 . provides that a student enrolled in an online course may not take more than a full
31 course load unless:
32 . the student intends to complete high school graduation requirements and exit
33 high school early; or
34 . if allowed by local school board or charter school governing board policy;
35 . provides for the administration of statewide assessments to students enrolled in
36 online courses;
37 . repeals provisions relating to the Statewide Online Education Program; and
38 . makes technical amendments.

Which seems very similar to these lines from SB 178:

prescribes procedures for the completion of a course credit acknowledgement;
26 . prohibits a student who enrolls in an online course from being counted in
27 membership for a released-time class, if counting the student in membership for a

28 released-time class would result in the student being counted as more than one FTE;
29 . permits a student taking an online course to take more than a full course load if
30 allowed under local school board or charter school governing board policy;

Both prohibit a student from counting as more than one FTE and allow more than a full course-load to be taken with permission, but the technicalities of the other differences escape me right now. SB 178 has the language about not being able to take released time, which is the current vogue false accusation of PCE and certain charter lobbyists right now, that schools are getting overfunded when students are at seminary or ATC. I don't know if that is the whole issue, or if SB 178 totally cuts dedicated funding to EHS. There's a bunch of stuff about districts workign together to make quality online programs, and I can't see why that would be especially controversial.

2 minute later update - PCE has once again helped me better understand the bill. Their complaint reads:

Repeals the Statewide Online Education Program, strips the student's ability to choose the courses that best meet their academic needs, no longer allows funding to follow the student

Just part of their Email Alert reads:

PCE IS TARGETING HOUSE BILL 147 AS OUR #1 BILL TO DEFEAT this session! This bill would REPEAL our biggest school choice victory last year, the Statewide Online Education Program signed into law last year...PLEASE CALL AND EMAIL EVERY COMMITTEE MEMBER AND ASK THEM TO VOTE NO ON HB147. TELL THEM NOT TO SUPPORT A BILL THAT TAKES AWAY SCHOOL CHOICE!

PLEASE CALL AND EMAIL THE BILL SPONSOR, BRAD LAST, AND ASK HIM WHY HE IS REPEALING A SCHOOL CHOICE BILL!

We can't defeat this without your help!

Call and email all Representatives on the committee.
Please forward this email to friends and family.

I see now that Line 37 of the HB 147 summary is a doozy: "repeals provisions relating to the Statewide Online Education Program;..." I thought it was something just related to EHS when I first saw that, but lines 237-262 of the bill appear to repeal most of the language of SB 65.

I don't approve of the method of sticking this on the end of a bill on a very loosely related topic, despite SB 65 damaging EHS, but I fully support this concept. Wow Rep. Last! I REALLY want to hear his committee presentation now to hear his motivations. Does he get the false paradigm based on bad funding numbers that I keep explaining? Or that pitting public schools against each other damages rather than strengthens student achievement and sense of community? I guess we'll find out.

This is a great idea, therefore PCE will stack the committee hearing like always with their highly motivated folks (How many times will they quote the national school choice guy who said Utah is #1 in online ed?), and a LOT of peer legislator pressure will be brought to bear. I predict HB 147 as written fails because legislative leadership is committed to silver bullet technology both as excuse for large class sizes and as their camel's nose in the voucher tent, though I could see some sort of substitute/compromise being worked out where the EHS stays funded as in both HB 147 and HB 336.

HB 336 will be heard right before HB 147, and I don't think both of them can be law simultaneously. They would also seem to conflict with Stephenson's SB 178. If HB 147 passes by some miracle, there will be definite conflict between the bills/agendas.

Sorry for the sort of stream-of-consciousness research here. I have learned more just as I typed this up. I urge you to contact your legislators in support of HB 147, explaining the false assumptions behind SB 65 and the practical problems they are causing. Legislators of the House Education Committee, be aware of the manufactured wave of opposition coming your way. Support public education by opposing efforts to fracture its funding based on purposeful misrepresentation of how education funding works.

Why do we allow Howard Stephenson to drive Utah's education agenda? 2012 Edition - "Intent Language" to circumvent public process

I asked the question a few months before the 2011 legislative session, and I ask it now again halfway through the 2012 session. Before I discuss Stephenson's claims about the Feb. 15 Public Education Appropriations Committee that spent 2 hours on a 10-minute agenda item titled "Other Business," I want to review his actions over only the last few years. He has been in office since 1992 -- imagine what else he has pulled in those 15 years before I was paying attention. (If we're getting rid of Hatch and Bennett, why not this deadwood in 2014??)

Much of what I wrote in 2010 still applies:
"Howard Stephenson thinks public education is socialism (Very end of post). He runs public education bills to benefit specific companies, hypocritically overriding local control and increasing the costs of public education when it's one of his pet projects. He constantly misrepresents his bills and abuses the legislative process in order to pass controversial provisions with little or no scrutiny: 2008 (plus an ongoing $190,000 annual expenditure of education funds just to spite an employee of the State Office of Education who ran against Greg Hughes at the county Republican convention. Seriously.), 2009, 2010. He is unabashedly conflicted as a paid corporate lobbyist--he is the only legislator whose entire livelihood depends on the issues he supports and how he votes on those issues. Combining his last two issues--he literally ran a bill in 2010 authorizing conflicts of interest for charter school board members as a sneaky provision in a larger charter school bill.

Senator Stephenson is on all public education interim and Senate committees in the state of Utah and is literally the sponsor of half of the education bills for 2011..."

It's hard to believe the stuff Stephenson gets away with. He brings that US Congress ethic to Utah. Stephenson constant refrain when others question his tactics is to claim they are just sore losers when policy they don't like passes. The links above detail a variety of legislative abuses designed to pass his agenda with little scrutiny, even as he hammers Public Ed. about "transparency."

2008 -- Lumping failed personal bills together with teacher raises and other bills about to pass in an unconstitutional "omnibus" bill modeled after the pork bills we all hate from the national congress, one of which added $190,000 in unnecessary administration costs to route around a specific employee who ran for office.

2008 and 2009 -- Presenting bills in committee as one thing, then making last minute switches harmful to public education and trying to pass them without debate. In addition, the link about specific companies details Stephenson going off about how the State Office of Education is hurting kids because they disagree with him, especially about which specific companies to give large contracts to. (Extra articles)

2009 and 2010 -- Sneaking "minor" provisions into larger funding bills and hoping no one notices. Stephenson was ultimately unsuccesshttp://www.blogger.com/img/blank.gifful in forcing districts to further help fund charter schools in the Public Education budget bill in 2009 and 2010, the same dishonest policy he only partially forced through his 2008 omnibus and the same one he is trying to sneak around legislative process with his meeting this year. He did however succeed in specifically authorizing charter school board members to have financial conflicts of interest as part of a larger charter school funding bill, as detailed above. Seriously.

2012 Let's now discuss the Public Education Appropriations Committee last Wednesday. Stephenson, who thinks Public Ed. is socialism and that the USOE and USBE "hurt kids," is of course the Chair of this crucial committee and controls the agenda. This meeting was scheduled from 5:00 to 7:00 as part of their required-by-the-Open-Meeting-Act public agenda. 99.9% of the public has no idea what this committee does, what it was doing that night, or what is the history of practice in this committee. I listened to about 45-50 min of this meeting in 3 different intervals, but I am a nerd. They were basically going through a list of requests, whether from legislators' bills or from the USOE, and prioritizing which of the long list of items should receive the limited amount of funding available. The first list of items is available publicly as a link on that agenda. There was apparently a new list available for those in attendance that differed slightly from the linked one. Tyler Slack posted pictures of the 3 pages on Twitter, @tslack, scroll back to Feb 15.

The last item on the agenda from 6:50 to 7:00 was Other Business. I came home from some other commitments after 8:00 and was shocked to find that the committee meeting was still going in the window I had open on my computer. New lists of "philosophical items" were apparently provided to the committee, but not the public attending. The committee then debated these items for almost 2 more hours. One of them was the very controversial proposal to divert local funds, specifically voted and approved for local districts, to charter schools statewide, which was rammed 25% through in the 2008 omnibus, but defeated in 2009 and 2010 when Stephenson tried to latch them onto the larger education budget bills. This plan was put in as "intent language" for how the money in the budget should be spent. I missed all this and returned to hear the committee discussing what they had done. I heard Aaron Osmond say he was "taken back" and uncomfortable that he hadn't known of these important discussion items before the meeting and thought it wrong that those affected entities (school board, etc.) could not offer input. A couple others said they hadn't known about the items either. Stephenson replied "Yea, we should have probably made the sheet available before the meeting." If the members of the committee didn't know, and I'm betting most didn't though they won't publicly speak against Stephenson, how could the public know? And how could that conceivably not be a violation of the Open Meetings Act?

I would love to know what other philosophical items were debated. The articles about the meeting all only mention the district funds proposal. I think the document should be posted online when the minutes of the meeting are posted online, which apparently will not be for another couple weeks. How about some member of the committee stepping up before then?

I listened to about 20 min of the State School Board meeting the next day during my lunch, and heard them discuss what had happened the night before. They were angry and of the opinion that the unannounced discussion of "major policy items" violated the Open Meetings Act. I specifically heard a man state for the record that he had never seen the Public Education Appropriations Committee debate major policy items at the end under "Other business." They asked State Superintendent, Larry Shumway, to write a letter to the legislature asking them to disregard the intent language as it was not advertised on the public agenda beforehand. Schenker's account from the Trib and the USBE's blog post quoting parts of the letter. I thought this was very well-stated.

Stephenson's replied in the Trib:
“I think Superintendent Shumway is playing to the crowd knowing that the Legislature, when somebody charges ethics, is always at a disadvantage in the court of public opinion and knowing that he is unfairly using this claim even though he knows very well this is the same process that has been used for decades and is currently being used by other committees this session.”

Then to KSL (buried in the middle of this longer article):
Subcommittee co-chairman Sen. Howard Stephenson called Shumway's letter a "cheap shot" at the legislative process. "He realizes that in the court of public opinion, issues tend to stick whether they have merit or not," the Draper Republican said.

Stephenson, R-Draper, said the subcommittee conducted business like it has every other year without complaint. Furthermore, he said it only makes recommendations to the Executive Appropriations Committee, which vets and screens budget priority lists.

"Nothing that was passed will be law," he said. "There must be one or two things they didn't like that elicited the complaining this year."

Senate President Waddoups echoed Stephenson in the Trib article above:
“We wrote that law,” Waddoups said, noting the committee’s actions were nothing more than recommendations. “It’s not like we don’t know it and have legal counsel to advise us on it.”

He called the school board’s request that the recommendations be set aside “totally out of line.”

“I think what they’re doing is making an argument that they are against what the committee did and because they disagree with it and the results of what came out of there, they’re looking to change it without getting the committee itself to do it,” Waddoups said.

So it's just sore losers whining about a "normal" process that the person in the state School Board meeting said he hadn't seen in years of attending and Senator Osmond had not been advised about. I know who I believe. Read the USBE link, and if you're feeling really brave, try and listen to the 3:37 audio recording of the meeting itself. With his track record and documented efforts to subvert the process on this exact issue of diverting local funds, why should we listen to Howard Stephenson?

.

SB 151 Stephenson's "anti-voucher" voucher bill. Quick education funding points to consider while listening to committee.

UPDATE: Stephenson canceled the committee meeting this morning because he wanted to work on changes to the bill. He still threw out his claim this bill is not a voucher. See my budget explanation below to see what you think. Also stay tuned for when the bill comes back up for a committee hearing in the next week or so. Will it be scheduled on a Monday morning at 8:00 to make it harder for the public to attend?

SB 151, Student Opportunity Scholarships, by Howard Stephenson, will be debated in the Senate Education Committee today, Tuesday, Feb. 4,at 4:00 pm. Click on the legislature's website, scroll down to the Upcoming Events section, and you should be able to click on the Live Now option at 4:00 to listen live to the committee hearing. (The committees often start a few minutes late--keep refreshing the page if it's not up right at 4:00. If you can't find it, post a cry for help on Twitter with the hashtag #uted, and the State School Board's account, @UTPublicEd will usually reply with a direct link. I expect both the live committee room and the online following will be packed, so I have some worries about something going wrong with the feed, but the front page links have been working for me after a bad first week of the new website.)

This is a new voucher bill "limited" to only some students. A lot of well-off families can get a $5500 school voucher if their kid scored below proficient on even one of four state tests, if their school has gotten an F grade for two years under Utah's new law (I had some info wrong about this provision in some tweets Saturday), or if a young student is behind in reading at all.

Some quick (for me) and important points to think about:

1. All voucher proposals are framed disingenuously by misrepresenting school funding. OK, this point ended up not quick. But it's the most important. I'll be posting further on this. I think many people could benefit from this hopefully easy-to-understand explanation of school funding. Consider forwarding this to others and asking questions about this to your legislators or in committee meetings.

Here is a very long and chewy document detailing the education funding for the state of Utah for last school year and the current school year. I'll refer to some specific pages shortly. The state spends most of our state income tax on K-12 public education. (A very significant portion of income tax funds is also spent on our higher ed. system) The legislature designates a "WPU" or Weighted Pupil Unit amount each year. The districts receive that amount of funding from state income taxes per student, with extra WPU's for special ed. students, administration, extra transportation money for small, rural schools, and some other programs. This is NOT some specific amount of money it takes to educate one child or a "marginal cost" per student coming and going from the school. It is a blunt, fair way to evenly distribute money to the state's districts on a per student basis. These distributed WPU's to each district are called "Above the line" funding and are summarized on page 8 of the document.

On pages 9 and 10 of the document, it summarizes further state income tax funds sent out as "below the line" funding for a variety of purposes such as transportation, ELL students, gifted students, students in custody, library books and equipment, school nurses, dual immersion language programs, classroom supplies, and the Beverly Taylor Sorenson Arts Program. Notice these are not sent out on a per student basis. They are lump sums. That nurse, art instructor, or amount of money for classroom supplies has to stretch to cover however many students show up. (Different programs are divided differently, some to pilot schools, some proportionally. And the legislature changes the total amount of "below the line" funding every year as they debate specific programs.)

Therefore, neither type of funding, "above the line" or "below the line," represents a marginal savings for an individual school. If a student switches to a private school, the state will still send the same amount of "below the line" funding that year to the districts. The state will keep one WPU (designated as $2816 this year) in the general education fund for that student. So the total savings for a student moving out or switching to a private school = Near $0 for a local school or district. One WPU of $2816 for the state education fund from income tax. If that student is a special education student, some complicated formula will save the state some more of that money. The local school wouldn't cut concrete costs much, but would save in faculty and staff time with the various meetings and paperwork. The vast majority of students who were Below Proficient on one test or attend what will be labeled as "F" schools are not special ed. and will only save one WPU.

This is because almost every cost at a school or district is a fixed cost. If one student enrolls or moves out of a school, the only cost difference for that school is some paper. The teachers, computers, library books, copy machines, training sessions, utilities, buses, bond payments, etc. do not change. When a school loses 30-40 students, depending on the district and whether it's an elementary or secondary school, they lose a teacher. 30 * $2,816 = $84,480. 40 * $2816 = $112,640. That more than covers the cost to pay that teacher and there is no net gain to the district from these changes.

Your child's district and school get funded from various other sources as well. Local district funds via property taxes are voted on and approved by the residents of that district in LUMP SUM amounts for school programs, including maintenance and upkeep. No local district funds are collected or spent on a per student basis.The funds serve hundreds of students simultaneously in large fixed costs. Your student does not receive a pro-rated portion of the janitor's time. See Heading II Local Revenue on pg. 11 of the funding document. The state also collects some property tax and distributes it in lump sums in that orange box about leeways. (This fact is also important in understanding the claims that districts are funding "phantom students" and should give up this locally collected money to charter schools with no publicly elected governing bodies.) Federal funds largely pay for lunches at all schools and for lots of extra help in Title I schools.

Therefore, representing a $5,500 voucher as a savings to schools is fundamentally dishonest. The schools and districts basically save nothing, and the state fund saves one WPU of less than $3,000 dollars. Via the tax-credit-converted-to-scholarship-in-order-to-claim-it's-not-a-voucher, the private school actually receives substantially more public money than a public school for enrolling the same student.

1B. Many articles comparing states will lump all of that income tax money together, above the line and below the line, the property tax whether voted on and collected by the state or district, and then divide that total by the number of students in the state. That gives a number of just under $5400 the state spends per student. That raw number is semi-useful for blunt comparisons with other states when comparing funding effort, but it doesn't represent a marginal cost for educating each individual student as I've shown. And it gets worse. Senator Stephenson and his lobbying organization, the Utah Taxpayer's Association, take that larger total and add the small amount of state income tax spent as capital funds to build new facilities, the huge construction bonds voted on by constituents of local districts specifically for building new schools (such as the $200 million dollar bond approved by Alpine District voters recently), and even sometimes count the federal funds specifically earmarked to meals and specific Title I schools, and count that as total funding as well because "it's all taxes." Dividing that larger total by the number of students gives them a per student funding number of $7,000 or $8,000 per student. They then claim this shows that a $5,500 voucher actually saves the state money.

Think about what they're doing. The argument boils down to claiming that if a student in St. George leave public school and takes a $5,500 voucher to attend private school, money is incrementally saved on WPU's statewide, construction of elementary schools in Eagle Mountain, and school lunches in Logan. It willfully misrepresents that number as actual savings to schools. In this case, the state saves one $2,816 WPU from the general education fund that they don't send to Washington School District for that student, while giving out a tax credit of $5,500 from that same fund. Stephenson will use this false representation of total taxes spent on schools today in committee. Listen and understand. Post questions here if you have any, and I will do my best to answer them within a day or two.

I think most members of the public have not researched the annoying intricacies of public education funding and are largely at the mercy of the claims of others about the impacts of vouchers and other funding proposals. So save that 99-page document and study up. I don't understand much of it still and probably flubbed a detail in my explanation, but my main point about the allocation of education funds is verifiably true.

I know Senator Stephenson and other members of the legislature understand very well the reality of how these funds are collected and distributed. I feel they purposely frame their arguments with misleading statistics in order to advance their ideological goals rather than help the public make informed decisions or represent their constituents. These misrepresentations of school districts wasting thousands of dollars per student are a large part of the lack of trust most educators feel toward the legislature as they struggle with 30+ students in their classrooms.

2. The program would allow up to $5,000,000 to be taken each year out of the general education fund via credits for donations to private school scholarship organizations.

3. Senator Stephenson admitted at the Utah Taxpayer's Association's pre-legislative conference (my notes: they're tough to read sometimes. Scroll down to Stephenson's comments about 2/3 of the way down) that most private schools will not accept a student who scores below grade level or is not proficient in English. He claims that the Catholic schools are eager to take these students. I would love to hear someone from that system confirm that sentiment. He also doesn't say how much capacity remains in those schools statewide. I think I'm right in saying there is a waiting list to enroll in both Judge Memorial and Juan Diego high schools. I am not familiar with the amount of Catholic elementary and middle schools in the state. Would a generous estimate be that 200-300 additional voucher students could enroll?

Stephenson says these vouchers would create a market for private schools focused on low-achieving students, so new quality schools would quickly spring up to better serve those students. (At $5500 a pop with no mandated programs, he's right that some schools would take that money.)

4. There will be a very large number of students who qualify for the voucher-- NOT just 2 or 3 difficult students from a class. Off the top of my head, I would estimate at least 100-200 students of the 1200 at my school received at least one state test score below proficient last year. (Schools with more affluent demographics will have fewer students, some Title I schools would have over 50% with at least one score below proficient.) Each of those students who take a voucher represent up to a $2,684 loss to education funding ($5,500 - $2,816 = $2,684.)

5. The school grading bill is brand new and based on those same test scores. Many Title I schools will get F's based on those standards. No fancy program will "solve" the difficulties of educating all struggling students. Senator Stephenson is on the record as wanting to "dismantle" and privatize those schools that the school grading program sets up for F's. This voucher bill would make 100% of the students at those schools eligible for vouchers, thus thousands of potential $2,684 losses. Stephenson is pursuing his stated goal through indirect means.

There's more to say, but it will have to wait.

.

USOE details huge list of 35 education related "Boxcar" bills

"Boxcar" bills are potential bills that are named and numbered by a certain deadline (Feb. 4 this year by the looks of it), but have no content publicly available besides that name and number. The actual text and effects of the bill remain secret until the legislator decides to make them available to the public. Once they are available to the public for 24 hours, they can be started in the bill process normally--being assigned to a committee and progressing through committee and floor votes in both houses of the legislature. OR...a bill can be passed "under suspension of the rules," thus skipping committee hearings with pesky questions from the public and rushing to the front of the line to be considered on the floor. for example, HB477, the GRAMA bill, controversially rushed from unveiling of text through two easy votes in the Senate and House to the governor's office in only a few days.

Bob Bernick wrote an excellent commentary on the subject at the end of November. At that time, 60% of the proposed legislation was still secret. On Feb. 4, as near as I can tell, about 200 House bills, resolutions, and rules changes dropped into the system along with over 110 Senate bills, concurrent resolutions, and joint resolutions. All but one or two of the House bills numbered from HB 330 to HB 510 read "2/4/2012 Bill Numbered by Title Without any Substance" as of late tonight, February 6. The Senate, which is about 1/3 the size of the House, reads the same for all but one or two bills from about SB 173 to SB 279, plus a bunch of the resolutions. The list of bills by number is here. You can check the Bill Status links on each bill, and see that designation on Feb. 4, 2012, even later when the text of the bill gets added.

Why would a transparency loving legislature maintain at least 30% of its proposed legislation secret two full weeks into the session? Bernick said in the article above that "sources inside the Legislature tell UtahPolicy that the percent of “protected” bills is increasing, as legislators learn, from experience and talking to colleagues, that one way to avoid unnecessary attention in this day of emails, texts, and other instant communications, is to keep what could end up as a controversial bill under wraps."

As Joe Pyrah commented about boxcar bills a couple of years ago when he was still a reporter: "They know DAMN well what will go into those bills."

I posted a list of ominous sounding Boxcar bills with commentary last year, and I am thankful the USOE blog beat me to it this year with a long list of education-related Boxcar bills with very uncontroversial sounding names such as: HB371 Tuition Reimbursement for Private Education — Rep. Keith Grover, HB375 Improving Student Academic Learning in Schools — Rep. Merlynn Newbold, SB67 Teacher Effectiveness and Outcomes Based Compensation — Sen. Stuart Adams, SB73 Extended School Calendar Incentives — Sen. Howard Stephenson, and SB223 Pledge of Allegiance Reinforcement Act — Sen. Aaron Osmond. (I've loved your rational tone on education so far Sen. Osmond...but really?!)

At least those boxcars are honest and descriptive. The vague bill titles are even scarier, like: HB331 School Board Election Provisions — Rep. Jim Nielson, HB392 Charter School Funding Revisions — Rep. Stephen Sandstrom, HB430 Education Program Funding Amendments — Rep. Bradley Last, SB175 School Grading Amendments — Sen. Wayne Niederhauser, SB178 Statewide Online Education Program Amendments — Sen. Howard Stephenson, and SB213 Charter School Enrollment — Sen. Howard Stephenson. they could possibly be minor technical alterations, but they are more likely crucial changes disguised in bland language. As I documented in my Boxcar bill post last year, Senator Stephenson especially has repeatedly sprung large changes in the waning days of the legislature.

Sign up for updates of status changes on any bills you want at the bottom of the webpage for each individual bill. Let others know what is happening. It's probably not good.

Notes from the Utah Taxpayer's Association's pre-legislative conference

I attended the mostly informative and interesting Utah Taxpayer's Association's pre-legislative conference this morning in the Senate Building. We met in the nice Room 210 with 3 large screens for the various powerpoints we saw. It was less than half full. I counted during the private golf presentations, and there were about 82 people in the room, with a couple coming in and out from the hallway. That is counting 4 people from 2 companies looking to manage or buy government golf courses, 2 ALEC people here for a press conference afterwards, a number of legislators who were presenting bills, charter school people - Chris Bleak who presented, Carolyn Sharette, Steve, Sheldon Killpack who presented - and a bunch of guys in suits. People left after presenting and others entered. The crowd may have topped out at 90 people.

I think there were fewer than 10 "regular" members of the public in attendance counting myself, and the rest were lobbyist/insider types there for work and looking out for their respective interests. For example, the nice gentleman I sat next to ended up being a policy director for the UEA, but I Googled his name right at the end and didn't get a chance to really talk to him. Another indicator of who the meeting was really about was the list of "sponsors" on the back of the agenda who apparently paid for the handouts, the muffins and juice at the door, and probably a room fee. (Meetings of affluent lobbying groups apparently have sponsors.) They were: Billy Casper Golf, a management firm who presented for 15 min. about allowing them to run government golf courses while causing other bills to be pushed off of the agenda, Red Leaf Resources, an oil shale firm who wants favorable laws, 2 companies wanting to manage or buy our state parks: American Land and Leisure and Recreation Resource Management, Questar Gas, and Rio Tinto--both of whom have various tax, regulation, and clean air laws frequently before the legislature. But they of course did this out of the goodness of their hearts, wanting nothing in return; and our legislators would never be influenced by this, even if these companies are in fact paying clients of Senator Stephenson and the Utah Taxpayer's Association. (A law firm specializing in business litigation, and environmental and mining laws, Parsons, Behle, and Latimer, "sponsored" the 2012 Fast Tax pamphlet which is actually a very cool summary of government taxes, fees, and revenue generators in Utah. But they don't want any influence. It is just part of their charitable outreach for politicians with printing needs.)

What citizen could be cynical about conflicts of interest in our state legislature? Conflicts of interest are products of the liberal media, unless we are talking about Barney Frank or Newt Gingrich. But the real point is to never let the Utah Taxpayer's Association's euphemistic name and rhetoric mask the fact that the group is really just a lobbying firm with secret clients that makes a handsome living for its few employees, chief among them longtime State Senator Howard Stephenson. The organization and its aims are not about regular citizens; it exists purely to lobby for laws that financially benefit its secret clients. If Senator Stephenson stepped down from his influential position in the legislature tomorrow, the Association's revenues would immediately plummet.

The notes are long and fairly rushed as it was hard to keep up sometimes. Royce Van Tassell, 2nd-in-command at the Taxpayer's Association under Stephenson, was the emcee of the event. He frequently gave short introductions of the speakers and/or bills. I often wrote the presenter's name, and then wrote VT for Van Tassell, followed by his introductory comment. Hopefully, it's not too confusing. [Comments in brackets are my own thoughts about what I am summarizing.] I indicate questions with a ? followed by the question. Assume answers come from the presenter.

A traffic jam on I-15 made me 10 min. late and I only caught the last bit of Speaker Lockhart's remarks.

My notes:
Sitting by Jay Blain. Googled him right at the end and he is a UEA bigwig. I wish I had known and talked to him a little more.

Lockhart and Waddoups - Some issue will pop up. Maybe national popular vote says Waddoups.

9:19 Dougall – New revenue worst of times b/c of many requests.
1-time money: $128 million 49 gen 79 in education fund
Ongoing revenue: $280 million, 91 general, 188 in ed fund

Immediate needs:
Structural deficit 52 mill
Public ed growth 41 mill
Medicaid 68 , 44 one-time
Other Medicaid 28 M, 18 M 1-time
Legal 14 mill 1-time
Bldg myce 53 mill
1%WPU increase $23 mill
Employee bees 37 mill
Pay down debt 85 1-time

These exceed revenue coming in, both types
Reserve funds, Rainy Day gen 122 mill Ed. 110 Disaster 12
Debt level graph, Stay below line slightly below limit. Excessive debt limits flexibility. What if other downturn? 7 yr cycle? Started May 2008, 3 ½ yrs from next downturn?
Increased revenue volatility. Sales, income, corporate tax volatility increasing. Sales huge increase in swing since 1935. Even bigger in income tax. Showing Powerpoint graphs. Jay Blain points out big down swing in income coincides with Flat Tax implementation in 2007.

Lyle Hillyard on phone – US lost bond rating. Utah has never lost. 2 of 5 criteria are worrisome. 1. How much $ from Fed.? Hill Air Force Base, other firms, like the money, can’t control this area. Can control 2. How close to bond limit? We stayed at 40% historically. Now at 85% for I-15 extra length opportunity. Not stay here, but back down to 40-50% like used to be. Pressure for state bldgs to keep bond limit high. We’re pleased w/ Rainy Day Fund. Volatility might need higher than 6% gen 8% ed fund levels. Gov can make budget rec’s alone, not consensus of leg. Only see Gov final product. People see our deliberations. Go to committee, not leaders. Priority list, hearings, public process. People panic. See tough decisions. Mid Feb brings final rev estimates. Concerned w/ challenges. Uintah Basin rev up says Sen Van Tassell. Done at 9:33

Privatization concerns, 3 items.
Sen. David Hinkins – Audit Gen fund $ reduced rec to State Parks. Reward park financial perf. Business plan updated annually, max revenues, minimize expenditures. Analyze capital investment. Use lower cost staffing, seasonal employees, overlap of support staff eliminate. Reduce law enforcement cost. Reduce #, limited status, sep entity for enforcement at dept level, reduce retirement. Audit recs consider closing high cost w/ low visits, transfer to local. Privatize some, which best? 4 golf courses, 42 state parks, some heritage parks, This is the Place—if cut $800,000 they will give park back to us. So better as is. Benefit to state. Benefit to taxpayers—expect recreation in Utah. Why live here. Not looking to close any, but streamline. American Land and Leisure run Strawberry Res. Concessionaires. Most people don’t know diff. Still good. Not actually turning parks to individuals to make profit, just concessionaires. Can do more efficiently in some cases. Test case at Otter Creek St Park right now w/ concessionaire. They say their bus partnership model working. Privatization premature. Audit made parks more accountable. Now show costs of each park. Responded to requests. Costs are down. Look at all alternatives.

Billy Casper Golf Pres: Douglas White and Mike Cutler, VP’s, Dan Parkinson citizen, and Billy Casper himself. About quality. Industry rounds played way down 10%. 4.6 mill lost golfers. How retain golfers? Price quality service in parks. OP model must stop taking tax subsidies. Myths of privatization: Rates increase state approves, Res lose access, conditions worse, loss of jobs (we seek good people), service suffers. We have lower costs, expertise, buying power of nat org, municipality not manage day-to-day. Muni funds all cap improvements. Profits retained by muni. 3010 yr contract + renewals. Increased rev examples across country. Billy Casper is fav son. He comes in to clinch the deal. “I’ve never been in front of such wonderful people dedicated to the service of your fellow man. Hope you can keep up with it. Great to be with you.”
Ques from man—If eliminate Daylight Savings Time, how affect rounds? We can be creative. Manage capacity, peak and low times. [No answer, just we’ll manage.]
? Which type of 3 options do you prefer with muni? I like lease. Give up control, but pay capital. But man agreement, you retain profits. Make most sense here. Of 70 muni course, nearly 50% are leases. Van Tassel cuts off ?’s. Other providers too. Here:

Mark Whetzel local golf course managed firm: I love Billy. Since 1990, golf demand up 5% while supply up 60%. We don’t pillage, take profits for 1 yr or 2, then leave. We like long term manage deals. Prefer 10 yrs. We have 3 in N Utah, 2 S Utah, 1 in Mesquite. We like to lease to own, take all risk.
?Utah has high% of golfers right?” So fertile ground right? Yes.

[40 42. 82 people counting 4 golf company dudes, Billy, Legislators, presenters. Represent Utah?? How many lobbyists in the room?]

Rep. Ryan Wilcox – DABC restructuring. “Misdirection” powerpoint. Chuckle to self. I was an intern, then in leg. I was not happy to find myself selling alcohol as leg. I am religion against drinking. Force all Utahns into bus. Justifications. But we’re not measuring right things. DUI’s down and justification. Compared to other states we’re not doing that well b/c our low #’s mask problems. Where drunk? Why? Where teens getting? Why? Who’s irresponsible? Need to measure more and base policy on right metrics. 12 leg audits in past 2 yrs of DABC. Bad corruption and management. Big rev stream not reason for agency or justification. Always looking to sell more. Not just prob w/ last few directors—culture spans 30 yrs. Plan: Not relinquish control, but not a wholesaler or retailer. Focus on what actually reduces teen drinking, DUI’s family consequences. Use new measurement standards. We want to take baby steps, trying to talk to all parties. [Golf guy orange sweater leaves.]

VT – Water even hotter topic than alcohol. How to pay and change long term usage and needs.
Sen. John Valentine: Water allocation based on prior beneficial use. But no system on how to pay for that water. True cost of projects, delivery, and resource itself is masked b/c paid for by prop taxes. When I started in House in 1988, I saw that costs were intended to be masked. Jurisdictions say can’t do water projects on rates b/c not predictable, but say predictable enough for operations. Disconnect. Drafting bill now – phase out over 5 yr period prop taxes to water projects. Will increase water rates, but not cost of water b/c of prop tax decrease. [Kills renters??] Rural Utah cannot fund just fro rates, esp. w/ fed gov lands. CUP has big influence. Many details to work out. We should pay for water’s true cost and use, not masked in prop taxes. Low on details.
? How affect proj to dam Bear River planned 30 yrs? Should pay w/ water rates so recog cost. We hide allocation and use as if not scarce. If proj will go, has 5 yr window, then must be financed by rates.
? Across board, all users? I want to. But may have to compromise.
? Why should leg tell communities how to price services? Leg has respon for nat resources of state. City owns water right, but state has vital interest in nat resource. Can’t say air above city is only respon of city.
? How will this extend to water districts which already levy taxes? Not transparency in their budgets? These are Water Conservancy and Special districts. Must have trans period to ensure no bond defaults. [People leave after water discussion]

Chris Bleak – Head of State Charter School Assoc. – Ed is critical to state. We need fantastic ed system. Charters have grown at rapid rate since 10-12 yrs. 81 charters currently, 45,000 now, 50,000 students next yr. Lumped as 5th or 4th biggest district. Students chosing b/c so good. Focusing on disadvantaged students. Carolyn Sharette has 2 schools in SL Valley. For new immigrants. PProvide comp. 7.6% of all students. Facilities are biggest charter problem. Critical to way teach. They pay much higher % rate than normal districts. Districts can use full faith and credit state’s AAA credit rating.3 3.5 4 % Charters paying 7, 7.5, 8% despite state schools. Original charter ideas of renovating existing bldgs is not feasible b/c school bldg codes too strict. $ back to east coast bond firms. 1. Working with State Treasurer, Richard Ellis, Valentine, industry folks, to allow “moral obligation” AA rating which would save $100,000 to $150,000 per year for carters. 2. Only to those w/ strong track record of finan success, fgood management. Need Investment Grade Rating—many in state have now. No charter in country has failed in 20 yrs w/ Investment Grade Rating. Even with 2 economic downturns. 3. Create funding, State Charter Reserve Acct. Pay premium from rates to create insurance if there were a problem to protect state. Currently required to have 1-yr reserve anyway, other protections. Save $150-200 k yr per $10 mill in debt. More than 100 k in transaction fees. More buyers b/c more attractive bonds.
? W/ reg schools, district is responsible entity. Charters, the Assoc. is respon entity? Group that gets charter is governing board. Have open meeting, reporting req.s Non-profit. They bond for their school. ? WPU funding follows all students? [Weird question.] This is a state funded public school. Income $ follow. Charters manage operations off WPU.
?What is context of “moral obligation” that gets ;lower rate? State responsible if default? Some Steve guy with Bleak– County provided rate for 9 charters but not respon. Moral oblige for all students. ? Why bank would give 3% less? Not contractually required for state to back loan. But I believe state would. So better rate b/c of State's "almost" promise.

Sen. Howard Stephenson – Anti-voucher Student Opp Scholarship. Universal vouchers rejected. Unions sent out-of-state $ to say rich kids getting voucher, voters heard advertising and voted down. [Pro-voucher out-of-states sent MORE. Documented. He thinks people are brainwashed if disagree with him.] Somewhat legitimate argument that many best and brightest would leave. When I visit teachers, I ask what is biggest challenge? [When and where?] They almost always say 2-3 most diff students whether behavior - I was one of those - or low scores. I could really focus on other 24 in my room w/o the hard ones. This bill is focused soley on those 3-4 kids. If parents want to add $, they should eb able to. Not many priv schools that accept below grade level, but some. Cath schools want ELL and low performers, We can teach effectively. This will create market for new priv schools. Tax credit allowable if you donate to 501 scholarship orgs, you get 100% tax credit w/ “certain limits.” They will then grant schools w/ req’s for parents to pay part, skin in the game. Takes diff kids out of school system. Why not wait 10 yrs b/c voters rejected school choice? Arizona law was found legal by Supreme Court. OK to give public $ to vouchers, even religious schools. That’s why this bill this year. Myself and sev other legislators. Right time. Give lowest what they need b/c falling between cracks. The name has a ring to it, not a voucher. Already have Carson Smith special needs scholarship. This could be Carson Smith 2.0. Straw poll: Anti-voucher or Carson Smith 2.0. Like 1 person vs. 5 people. Most don’t raise hands. Stephenson laughs at own joke.
1 vote guy ? Union opp? Yes, already. ? School boards USOE support? No. How funded? Would take income tax credits that otherwise would have gone to public school student. System will actually have more money for studs that remain, positive fiscal note. [Billy leaving]

Sen. Margaret Dayton – Thanks to Royce and UTA. What to name Howard’s bill. Call it Student Opp Scholarship, SOS. 6-8 yrs ago opened bill to use ACT as eval for grad preparation. To compare to nation. Seemed like good idea b/c of state $ on state test. State Board sais ACT not allow that and couldn’t afford that. Former state sen. Dave Thomas, current State School Board member, now asked me to run bill to use ACT in place of UBSCT. Has multiple pos effects. 10th graders realize what need to work on or realize they are capable. Bill passed ed. interim committee. Stephenson amended bill to include another test, a military test for students who anticipate post-high school ASVAP? Ed, but not college, free to states. Still State Board rules. Concern is maybe military cuts will cut free tests. But state of Utah will provide readiness testing. Can save money through some sort of applying money toward test costs. [Didn’t understand.] Anticipated will pass quickly.

Sen. Wayne Harper – [Didn’t understand all of this.] Online retailer and phone comp must notify buyer of obligation to pay use tax. Nexus tax says if physical presence in Utah, must pay some taxes here. Like Cabela’s kiosks for online orders. Help people comply with law and make it easier for them to know. Mark Griffin – Internet industry guy – Hard for online companies b/c of diff state rates, agri taxes, school supply exemptions, etc. One state location cost us $350,000 and 2 months of programmer time to meet tax req’s. We oppose state piecemeal proposals b/c of implementation costs. Prob w/ those proposal. Putting another hurdle, info, on web transaction hurts “conversion” of want to sale. If do it on invoice, (other states want to do too) also has cost which may be more than tax collected. We get customer service calls. Cust serv calls from Utah cost us $5. [Really??] Internet not same as cash register. We need fed standard which we are working on. Nexus bill problems – This makes us collect tax to hire service guy in Utah. We stop employing Utah subcontractors to save $. State systems not good.

VT and Rep. Hughes introduce and praise Dr. Nick Trombetta. Hughes – Revolves around turf wars. We spend $3 bill yr. on ed. in Utah including all jurisdictions’ taxes. Adults fight over adult systems. This guy came to reform diff way. He was principal and Wrestling Coach in Midland, Penn, outside Pittsburgh. When steel mill disappeared, killed taxes and school. One school district. No other dist wanted cost of bussing and teaching. Students were shipped to Ohio. Trombetta would send wrestlers running down street to show public they exist. Sent from dist to dist. Midland kids would be sports, valedictorians, parents complain. Tom Ridge allowed charter schools. He is a Democrat. Dist sued over 70% costs paid to charter school. System worked. 40,000 students in 20 states getting online school from Trombetta. 11,000 in Penn on online curric. He came up against great opp b/c of turf, who controls. I want you to meet someone than for any other reason for those kids in that town. I want to see that model expanded in Utah.

Nick Trombetta – I am the son of Italian immigrants who came after WWII. My dad worked at steel mill. He taught me that good ed. is great equalizer, the American ticket to the American promise. Where you live matters in what quality of ed. you receive. We lost $ for ed programs in my town. Neighbors wouldn’t help. We had to buy services from another state. 25 person grant attracted national attention. Many wanted. In 4th yr, Rick Santorum enrolled his kids and enrollment grew to 4,000. We dedicate lives to help kids get ed. whether online or brick and mortar. In New Mexico yesterday, reservation kids online best students in area. I am a proponent of school choice and should receive bipartisan support. When inject free market, parents’ choice, good things happen to public schools too. In Penn 10 yrs ago, under Dem Gov Rendell, charters increased a lot. Opponents said 3 things would happen: 1. Will hurt pub ed and test scores down. 2. Teachers will lose jobs. 3. Dry up cash, take money away. But 3 things happened during Rendell– 1. Test scores went up statewide. 2. More teachers in Penn with less students. (Must look at that.) 3. Record surpluses. [B/C of charters or economy??]

VT – Should we be paying districts for students who left?
Sheldon Killpack – Work w/ Academica West, Charter school management – In Utah, income tax goes to operations of pub schools. Prop tax goes toward facilities. When charters created, WPU was easy. Send to charters. How make up for prop tax issue when students leave? Easiest solution rather than battle of districts taking money to follow child. What otherwise would have followed child, leg made in lieu money. This money comes off top, fund in lieu taxes, unfair to districts w/o lots of charters. Leg decided to take at least 25% of prop taxes for students. Worked. State still over $70 mill for charters. 13 yr phase in Rep. Menlove’s bill. New students’ will get prop taxes from districts into charter pot. Districts will get off top income tax money back. Local prop. $ will follow child. There is flexibility w/ funds from WPU, not from districts, Give districts flex to use prop tax money. Why don’t districts want more? Why not plan diff, fewer bldgs, more for operations. Allows parity of opportunity for districts and charters. HB 313. Money follows child.

Rep. Jim Neilson – Severance tax biggest thing of leg. Const amendment. When we sever nat resources from ground, one-time sev tax. Was put into permanent trust fund. Takes ¾ vote and Gov sig. to spend money. Only for more serious emergencies. More diff to use than Rainy Day funds. Only done once slightly after Olympics—not paid back. Some 2008 const amendment allowed leg to divert $ BEFORE going to trust fund by only majority fund. One-time monies. If we spend sev tax fund today, not there for urgent need tomorrow. New Const. Amendment to fix.

Sen. Wayne Niederhauser – Procurement code. [No idea what this is.] No major changes since 1979 American Bar Assoc. code changes. Will adopt much of modern lang. in 2000 Bar standards. Lots of clean-up. [Didn’t listen well here.] Bad code makes bad media stories. Teeth for intentional violation of procurement code.

Sen. Stuart Adams – Energy incentives.

Sen. Ben McAdams – VT says get districts out of business of helping local developers. Muni’s can charge up to 1% extra state sales tax. 50% to location of sale and 50% to location of population. $100 spent at Gateway. Local option 1%. $1 collected. .50 to SLC and .50 to statewide fund distributed based on population. SLC gets 8% of that other .50. Rough formula, not scientific, realizing population has costs. Fairly reflective of where needs fall. Mostly fair. SLC #2 in nation in daytime pop increase. 180,000 to 350,000 each day. Costs w/ that. 600 S. use 90% by non-res, police, fire, etc. Ran formula that SLC spends $280 on non-residents. [Seems fishy to me] Bro would have to spend $56,000 to make that in retail tax. Retail doesn’t do all. Tax incentives and population coming sometimes cancel out increased retail. Cities chase too much sometimes. Working w/ Rep. Nielson and Hughes, Sen. Stephenson. Add a component along w/ point of purchase and population. Add job wage $ to calculation, so not reject good jobs with costing facilities. Figure out dist. of wages and distribute some sales tax on that. Cities worried, don’t want civil war between cities. Only accept if new revenue on table. There is a federal movement to require online retailers to collect online sales tax. IF that happens, we should change dist. formula. We would see 5-10% increase. Law triggers IF fed. Law passes.

VT Sen Madsen is neighbor of mine. SB 27 film bill got wrapped up this morning.
Madsen – I’ve been working for 3 yrs on film issue. Text at 5:30 this morning that is resolved. I’ve been trying to help largest independent movie studio in world, Raleigh Studios, lots of cities, for 3 yrs. Wanted to come to Utah. Came to state about draconian local land use authority, could use only 1/6 of space. Tried to help over years. People are sovereigns. Delegate little auth to state, which then delegates further to local level. Some say leave “local tyrants.” Leg not accountable for that. I disagree. State has responsibility to ensure no gov in state turns into tyrants. How many movies could have been made in 3 yrs? How many jobs in that time? [Only money matters] If only gov understood, value of time. Gov not understand. [Lots of irony here about leg tyranny??]

Rep. Patrick Painter – HB 41 Simplify Taxes on Personal Property. Will help small business owners. Reduce audits.
? Prevent muni’s from raising other taxes to offset losses from bill? May very slightly affect prop taxes on all businesses and home owners. Makes it easier to do business.

David Crapo – SB 27 Taxpayers Right to Refund Some court ruled that individual had no right to ask for erroneously collected taxes if a vendor charged wrongly, gave to state. State not responsible if state didn’t make mistake. This amends code. State can give back even if vendor makes mistake. Puts burden on state to justify keeping $. Retroactive to help past claims.

VT Casey Anderson is w/ Speaker Lockhart, so not talking. Jonathan Williams and Megan Archer will do Utah Taxpayer’s Assoc. news conference in 15 min at cap bldg.