Charter school bill passes, goes to governor

For Immediate Release

March 15, 2017


Charter school bill passes, goes to governor

FRANKFORT—The Kentucky Senate and House each voted today in favor of legislation to allow publicly funded charter schools to operate in Kentucky. The bill now goes to Gov. Matt Bevin, a supporter of charter schools, to be signed into law.

House Bill 520, sponsored by House Education Committee Chairman and public school teacher John Carney, R-Campbellsville, HB 520 would allow local school boards to authorize public charter schools in their school districts beginning with the 2017-2018 school year. The schools would established by contract and governed by independent boards to provide Kentucky residents with nonsectarian educational programs that “meet or exceed student performance standards adopted by the Kentucky Board of Education,” according to the bill.

The Senate voted 23-15 this afternoon in favor of the bill. The House, which already approved a version of the legislation earlier this month, cast a 53-43 vote this evening officially accepting changes made to the bill by the Senate.

Changes to the bill approved by the Senate and the House would allow the state school board to override a local school board’s decision regarding authorization of charter schools and allow for judicial review of the state board’s decision. It would also allow mayors of the state’s two largest cities (Louisville and Lexington) to be authorizers of charter schools upon their request, and emphasize that only certified teachers and administrators approved by the Kentucky Educational Professional Standards Board could be hired to teach at the schools.

Other approved changes would allow, not require, charter schools to give enrollment preference to lower-income students, and would allow charter school students who cannot participate in state-sanctioned school athletics at their school to participate in sports at the traditional public school in their district, along with a few other changes.

Kentucky is one of seven states that do not already allow public charter schools, according to the National Conference of State Legislatures.

Sen. Christian McDaniel, R-Latonia, read from a Presidential Proclamation issued by former President Barack Obama in 2012 to make the case in support of charter schools in the Senate this afternoon. McDaniel quoted Obama’s proclamation as saying: “Whether created by parents and teachers or community and civic leaders, charter schools serve as incubators of innovation in neighborhoods across our country.  These institutions give educators the freedom to cultivate new teaching models and develop creative methods to meet students’ needs.”

In a House debate this evening, Carney said that that public charter schools will give Kentuckians a choice in public education.

“The reality is we have a system that does not work for every child in Kentucky. We teach to the middle,” he said. “Too many folks are being left behind.”

Among those voting against HB 520 was former House Speaker Jody Richards, D-Bowling Green. Richards said that charter schools would be money-making ventures governed by what he described as “for-profit” companies. 

“If you believe it’s unfair for a for-profit management company to take money away from your school system, you can’t vote for this bill. And it will. These management companies have to make money, folks,” said Richards.

Following passage of HB 520, the House voted 61-34 for final passage of House Bill 471, sponsored by House Appropriations and Revenue Chair Steven Rudy, R-Paducah. That bill would amend the 2016-2018 executive branch budget to create a funding mechanism for charter schools created under HB 520.

Bills to allow charter schools in Kentucky have been filed for consideration in the Kentucky General Assembly since 2008. No charter school bills have passed the House until this year.

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Kentucky Senate approves its version of state budget plan

For Immediate Release

March 23, 2016

Senate approves its version of state budget plan

FRANKFORT—The Senate passed a state budget proposal on Wednesday that restores many of the governor’s priorities for the next two years, including a “permanent fund” for future pension spending, cuts to secondary education funding and performance-based appropriations for college and universities.

All in all, the Senate budget bill includes many of the cuts featured in the Gov. Matt Bevin’s January budget proposal, many of which didn’t survive the House budget plan passed last week.

Still, Sen. Chris McDaniel, R-Latonia, the Senate budget committee’s chairman, said it was a balanced effort. Not all the governor’s cuts were preserved.

“The thing I’d say I’m most proud of is that this budget is structurally balanced,” he said. “We do adopt many of the governor’s recommendations for the budget stabilization plan throughout the course of this bill, but we take monstrous steps – historic steps – on maintaining stability and introducing responsibility in addressing the most pressing problem facing us.”

That, he said, is the state pension program challenge, which has unfunded liabilities of more than $31 billion. To start reducing that figure, the Senate budget reinstituted many the governor’s cuts, including a 9 percent reduction in funding for Kentucky colleges and universities.

The budget also resuscitated the governor’s proposal to switch that funding to a performance-based model, with a quarter of the state funding to be based on student retention, graduation rates and other metrics.

The Senate removed from the spending plan a proposal from the House to establish a Work Ready Kentucky Scholarship program, which would make tuition free for high school graduates who enroll in the state’s community colleges. The House budget funded scholarships to the tune of $13 million for the 2017 fiscal year and almost $20 million the following year.

That was cut from the Senate budget, along with funding earmarked for specific projects like school renovations, the Lexington Convention Center and help for areas hit hard by a drop in the coal industry.

The Senate budget passed with only two dissenting votes, while nine Senators passed on the bill.

Sen. Denise Harper-Angel, D-Louisville, said she had reservations about cuts made by the budget, including $1.5 million to Court Appointed Children’s Advocates (CASA) programs, $15 million that was to renovate the Kentucky School for the Blind and $1 million a year to promote breast and cervical cancer screening for women.

“I believe these cuts will adversely affect women, children, families and the disabled. For these reasons and more, I pass,” said Harper-Angel, before offering that she hopes the final budget will offer “better choices.”

Sen. Brandon Smith, R-Hazard, one of two dissenting votes, admitted he was torn. He likes the effort to control the pension problem, but was disappointed in the removal of aide for stricken coal-producing areas.

“I cannot go home this weekend without casting a vote to help bring some reasoning back into this discussion,” he said.

The proposed budget did, however, include some spending not in the House budget, including $32 million in Justice Cabinet funding to fight heroin abuse – the House had reduced it to $20 million – and setting aside $250 million in the “permanent fund” for future pension fund payments. Gov. Bevin’s budget wanted the fund to include $500 million, while the House budget proposed using that money immediately on other expenditures.

The budget is soon expected to land in a conference committee so that Senate and House members can iron out their differences in each of their preferred spending plans.

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“Little by little, we’ve allowed our freedom to slip away,” Mr. Paul said

WASHINGTON — The government’s authority to sweep up vast quantities of phone records in the hunt for terrorists was set to expire at 12:01 a.m. Monday after Senator Rand Paul, Republican of Kentucky, blocked an extension of the program during an extraordinary and at times caustic Sunday session of the Senate.

Still, the Senate signaled that it was ready to curtail the National Security Agency’s bulk data collection program with likely passage this week of legislation that would shift the storage of telephone records from the government to the phone companies. The House overwhelmingly passed that bill last month. Senators voted, 77 to 17, on Sunday to take up the House bill.

Mr. Paul’s stand may have forced the temporary expiration of parts of the post-9/11 Patriot Act used by the National Security Agency to collect phone records, but he was helped by the miscalculation of Senator Mitch McConnell, the majority leader, who sent the Senate on a weeklong vacation after blocking the House bill before Memorial Day.

Photo

Senator Rand Paul, Republican of Kentucky, who was headed to Capitol Hill on Sunday, said he would block the rapid passage of a bill allowing a national surveillance program. Credit Drew Angerer/Getty Images

Mr. McConnell, also of Kentucky, relented Sunday, setting up a final round of votes on Tuesday or Wednesday that will most likely send a compromise version of the House bill to President Obama for his signature. Even Mr. Paul, using the procedural weapon of an objection, conceded he could not stop that.

“Little by little, we’ve allowed our freedom to slip away,” Mr. Paul said during a lengthy floor soliloquy.

The expiration of surveillance authority demonstrates a profound shift in American attitudes since the days after the Sept. 11, 2001, terrorist attacks, when national security was pre-eminent in both parties. Fourteen years after that attack, even as American conflicts continue abroad, a swell of privacy concerns stemming from both the vast expansion of communication systems and an increasing distrust of government’s use of data has turned those concerns on their head.

While it would represent a retrenchment on the part of the government, it does not end the argument over the dual imperatives of security and individual liberty brought to light by Edward J. Snowden, the former contractor for the National Security Agency.

The expiration of three key provisions of the Patriot Act means that, for now, the N.S.A. will no longer collect newly created logs of Americans’ phone calls in bulk. It also means that the F.B.I. cannot invoke the Patriot Act to obtain, for new investigations, wiretap orders that follow a suspect who changes phones, wiretap orders for a “lone wolf” terrorism suspect not linked to a group, or court orders to obtain business records relevant to an investigation.

However, the Justice Department may invoke a so-called grandfather clause to keep using those powers for investigations that had started before June 1, and there are additional workarounds investigators may use to overcome the lapse in the authorizations.

Mr. McConnell and other national security hawks who failed to continue the program badly underestimated the shift in the national mood, which has found its voice with Democrats and the libertarian wing of the Republican Party. The moment also put him at odds with Mr. Paul, whom he has endorsed for president.

“I remain determined to work toward the best outcome for the American people possible under the circumstances,” Mr. McConnell said. “This is where we are, colleagues — a House-passed bill with some serious flaws, and an inability to get a short-term extension to improve the House bill.”

Mr. Paul’s effort clearly angered many of his Republican colleagues, who met without him an hour before the Senate began to vote Sunday night. Senator John McCain, Republican of Arizona, who sparred with Mr. Paul on the floor over procedure, said later that Mr. Paul was not fit for the White House job he seeks. “I’ve said on many occasions that I believe he would be the worst candidate we could put forward,” he said.

Even as senators were trickling into the Capitol from the airport, Mr. McConnell attempted to extend some aspects of the law. He asked senators to consider a two-week continuation of the federal authority to track a “lone wolf” terrorism suspect not connected to a state sponsor and to conduct “roving” surveillance of a suspect, rather than of a phone number alone, to combat terrorists who frequently discard cellphones.

But Mr. Paul objected, and Mr. McConnell denounced from the Senate floor what he called “a campaign of demagoguery and disinformation” about the program.

Mr. McConnell then moved to a second option, a procedural move to take up the bill passed by the House, which he said the Senate would amend this week. It was unclear Sunday how many amendments, including any from Mr. Paul, would be considered and whether any could pass the Senate or be adopted by the House.

The House bill would overhaul the Patriot Act and scale back the bulk collection of phone records revealed by Mr. Snowden. Under the provisions of the House bill, sweeps that had operated under the guise of so-called national security letters issued by the F.B.I. would end. The data would instead be stored by the phone companies and could be retrieved by intelligence agencies only after approval of the Foreign Intelligence Surveillance Act court.

President Obama and his director of national intelligence, James R. Clapper Jr., have made dire warnings in recent days about the perils of letting the law expire and called for immediate approval of a surveillance bill passed by the House. “This shouldn’t and can’t be about politics,” Mr. Obama said in his weekly radio address. “This is a matter of national security.”

The C.I.A. director, John O. Brennan, echoed the president on Sunday during an interview on the CBS show “Face the Nation,” saying there had “been a little too much political grandstanding” and adding that “these tools are important to American lives.”

Speaker John A. Boehner, Republican of Ohio, also urged the Senate to act, citing the threat of groups like the Islamic State. “Al Qaeda, ISIL and other terrorists around the globe continue to plot attacks on America and our allies,” Mr. Boehner said in a statement. “Anyone who is satisfied with letting this critical intelligence capability go dark isn’t taking the terrorist threat seriously.”

Mr. McConnell had sought to get a series of short-term extensions passed so that Congress could continue to work on a compromise — like giving the phone companies more time to adapt to the new law — but that effort collapsed under the objections of Mr. Paul and two Democrats, Ron Wyden of Oregon and Martin Heinrich of New Mexico. Further, members of the House rejected extending the current law, given the wide support for their bill.

After a middle-of-the-night vote for a short-term extension failed on the Saturday before Memorial Day, senators left for a weeklong recess as the clock ticked. Senate Republican leaders sought a compromise that would make a new bill acceptable to both hawkish lawmakers and Mr. Paul. “I still have deep concerns,” said Senator Susan Collins, Republican of Maine.

Over the week, negotiators on the House and Senate Intelligence Committees had laid out a series of options to revise the bipartisan USA Freedom Act, including the addition of a certification process to ensure that the technology is ready to move metadata storage to the phone companies and allowing for a longer transition to phone company storage of the data. The House negotiators were skeptical of all efforts.

Democrats were critical of Mr. McConnell on Sunday night. “The job of the leader is to have a plan,” Senator Harry Reid of Nevada said on the Senate floor. “In this case, it is clear the majority leader simply didn’t have a plan.”

A version of this article appears in print on June 1, 2015, on page A1 of the New York edition with the headline: Senate, in Reversal, Turns Toward Limits on Spying.

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