Debate Transcripts

LB 1229 (1998)

Final Reading

April 2, 1998

 

SPEAKER KRISTENSEN:  LB 1228A passes.  LB 1229e.

 

CLERK:  First of all, Mr. President, Senator Chambers has a motion he'd like to withdraw.  Senator Bromm would move to return the bill.

 

SPEAKER KRISTENSEN:  Senator Bromm.

 

SENATOR BROMM:  Thank you, Mr. Speaker and senators.  I don't plan to take a long-time.  As I looked at this bill and I ...  I took a look at the fiscal note again, I had a couple of questions that came to my mind and I wanted to try to clear those up.  I'm not against providing education to the high-ability students or what's normally called gifted education.  I am concerned somewhat about the money involved and the timing considering everything else that's being done in education, I ...  and so I do have some concerns that way.  I do note from the fiscal note that it is a $6 million appropriation the first year, and the second year it is 6 million plus growth rate but then the fiscal note says the 6.18 million, which is the anticipated appropriation for the second year, will also be increased by the percentage increase in students in approved high-ability learner programs from '97-98 to '98-99.  And I'm not sure what that means and I wonder if Senator Bohlke would be able to respond to a question, Mr. Speaker.

 

SPEAKER KRISTENSEN:  Senator Bohlke, would you respond?

 

SENATOR BOHLKE:  Yes.

 

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SENATOR BROMM:  Senator Bohlke, I'm reading the fiscal note done March 25th and it says that the second year of the program, '992000, the 6.18 million appropriation will also be increased by the percentage increase in students in approved high-ability learner programs from 197-98 to 199 ...  to '98-99.  Now, could you explain to me how that works.  What...what is the function or the logistics of that language?

 

SENATOR BOHLKE:  Senator Bromm, I think that language is in there to make sure if we, as you know, it's...  it has a cap of 10 percent of the students.

 

SENATOR BROMM:  In any one system.

 

SENATOR BOHLKE:  In any one year.  And so if you have the general student population of the state increase, it allows for that.

 

SENATOR BROMM:  We're not assuming that 10 percent of every school throughout the state will qualify, are we?  We're not assuming in this appropriation that in the first year we'll have 10 percent of every school qualify.  Is that...  is that an assumption or..  ?

 

SENATOR BOHLKE:  It could be...  it could be under, but we are capping it at 10 percent.  And so if we cap it and the general population you then...  and we want to have the allowable growth and we have more students, then we need to have the growth rate for the general population of the students.

 

SENATOR BROMM:  But, Senator Bohlke, does the $6 million appropriation assume that in the first year of the program every school will have the maximum 10 percent identified high-ability learners?

 

SENATOR BOHLKE:  It allows for up to 10 percent.  No.

 

SENATOR BROMM:  So but if...  so if there's more students identified than ...  than the fund would allow ...  would allow funding for, there would be a pro rata payment ...

 

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SENATOR BOHLKE:  That's correct.

 

SENATOR BROMM:  ...  on the matching funds.  Is that correct?

 

SENATOR BOHLKE:  That's ...  that's correct, and so that could go, you know, that amount could be up or down as far as what schools may anticipate.  If you take the students in the state and the 10 percent and what's allowed in there at 6 million, that would be the minimum amount that each school would :get per student.  But that was only and, as people were asking, what may be the amount out there that I would ...  my school district would get per student, but we've just used that in answering people's questions on the floor as to what they may anticipate.

 

SENATOR BROMM:  And after the basic grant funds, the state gives the system $2 for every $1 the system spends.  Is that...is that limit ...  how is that limited and how is that limited by the 10 percent?  Am I limited on how much I can spend per student, or could I spend as much on 10 students as the next school could on 50 and get a 2 for 1 match?  We're limited to the number of students that can be identified to 10 percent, and I understand that...

 

SENATOR BOHLKE:  Right.

 

SENATOR BROMM:  ...  but how are we ...  we're not limited in expenditures per student, are we?

 

SENATOR BOHLKE:  As far as what the individual district may wish to spend.

 

SENATOR BROMM:  Right.

 

SENATOR BOHLKE:  No.

 

SENATOR BROMM:  So even though we're limited on the number of students that can be identified ...  that we will reimburse for that can be identified to 10 percent of the students in that school, the school could...  could decide what kind of program they want to develop and how much money they want to spend on those 10 percent and then the match comes in based on that.  Is that...  is that reasonably accurate?

 

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SENATOR BOHLKE:  In a pro rata fashion.

 

SENATOR BROMM:  Prorated by ...  meaning...

 

SENATOR BOHLKE:  By the 6 million, plus the ...  also, in that, every school district receives that has a program, that is offering a program gets the $6,000.

 

SENATOR BROMM:  Every school system.

 

SENATOR BOHLKE:  Every school system.

 

SENATOR BROMM:  Right.  Okay, because I've had some questions from smaller schools and I have told them that the 6,000 is for the system and they're to divide or to figure out how to deal with that within their...if they have affiliated districts or whatever.

 

SENATOR BOHLKE:  And they can ...  and it's ...  and that they may share that.

 

SENATOR BROMM:  Okay.

 

SENATOR BOHLKE:  And ...  and that's ...  that is part of the bill ...

 

SENATOR BROMM:  Okay.

 

SENATOR BOHLKE:  ...  that they may share that with other systems.

 

SENATOR BROMM:  Thank you, Senator Bohlke.  I wanted to file a motion to clarify some of those answers in my mind and also, Mr. Speaker and colleagues, to explain somewhat what I think my vote will be on the matter and why.  As I have looked at the blue sheet and tried to determine what some tough decisions will be, for my part I would prefer the Legislature make those decisions as opposed to the Governor.  And as I look down through the bills that are either on Select or Final Reading and I look at the money that is involved and the needs and the purposes for that money, my conclusion on this bill is not that I think it's a bad idea or that it shouldn't be done, but based on the blue sheet and the timing and some questions that I have

 

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regarding the possible future growth of the program, I ...  I will have to vote a red and I think that if we approve some of the other bills that are in there we're going to get this bill.  or some other bill that has a higher degree of need.  This is the second year in this biennium, this is a new program.  This is funding which is, I wouldn't say it isn't for a good purpose, it is, but I would put it more into the gravy category as opposed PIP to the core basic education that we're trying to provide essential funding for.  And so that's the explanation of my vote, not ...  not because I'm against providing education for the high-learning students.  Thank you, Mr. Speaker.

 

SPEAKER KRISTENSEN:  Senator Bromm, did you want to keep your motion here, or do you want to continue with it?

 

SENATOR BROMM:  If there are no other lights, I'll ask, please, to withdraw the motion.

 

SPEAKER KRISTENSEN:  There are no other lights.  It is withdrawn.  Our first vote will be to dispense with the at-large reading pursuant to Rule 6, Section 8.  All those in favor of dispensing with Final Reading vote aye; all those opposed vote nay.  Record.

 

CLERK:  30 ayes, 3 nays to dispense with Final Reading, Mr. President.

 

SPEAKER KRISTENSEN:  Final Reading is dispensed with.  LB 1229e, Mr. Clerk.

 

CLERK:  (Read title of LB 1229.)

 

SPEAKER KRISTENSEN:  All provisions of law relative to procedure having been complied with, the question is, shall LB 1229 with the emergency clause attached pass?  All those in favor vote aye; all those opposed vote nay.  While you're contemplating your vote, we have guests visiting the Legislature.  Senator Hudkins announces she has the following guests.  They are 12 third and fourth graders from Saunders County District 11 School in Fremont, Nebraska.  Would you please stand to be recognized by your Legislature.  Senator Abboud also has 44 fourth grade students from Seymour Elementary in Ralston, Nebraska.  They are

 

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also in the north balcony.  Would you please stand and be recognized by the Legislature.  Have you all voted?  Please record.

 

CLERK:  (Record vote read.  See pages 1684-85 of the Legislative Journal.) 36 ayes, 9 nays, 2 present and not voting, 2 excused and not voting.

 

SPEAKER KRISTENSEN:  LB 1229 with the emergency clause attached passes.  LB 1229A.

 

CLERK:  Motion to be withdrawn by Senator Chambers.  (Read LB 1229A on Final Reading.)

 

SPEAKER KRISTENSEN:  All provisions of law relative to procedure having been complied with, the question is, shall LB 1229A with the emergency clause attached pass?  All those in favor vote aye; all those opposed vote nay.  Have you all voted?  Please record.

 

CLERK:  (Record vote read.  See page 1685 of the Legislative Journal.) 38 ayes, 8 nays, I present and not voting, 2 excused and not voting, Mr. President.

 

SPEAKER KRISTENSEN:  LB 1229A passes.  LB 1333.

 

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