Teacher License Suspension and Pay For Success Bills Pass General Assembly

Education Legislation

Two bills closely tied with public education passed in the Delaware House of Representatives today which clears them through the General Assembly and await Governor Carney’s signature.  Another bill passed but goes back to the Senate due to an amendment.

Senate Bill #234, which gives the Delaware Secretary of Education the ability to suspend a teacher’s credentials due to an arrest from abuse or other egregious crimes, passed the House with a 41-0 vote.  As written in the synopsis of the bill, this will… “include situations involving felony crimes against children or where there is a clear and immediate danger to student safety or welfare“.

Senate Bill #242, which will establish Pay for Success programs in Delaware passed with 39 yes, 1 no, and 1 absent.  The sole no vote belonged to State Rep. Rich Collins.  An amendment placed on the bill in the Delaware Senate would create a working group to explore how Pay For Success would be implemented in public education, both early childhood education and K-12 education.  I am still torn on Pay For Success but this would allow some time for the Working Group to really take a look at how this would work to make sure it didn’t conflict with existing federal laws (such as IDEA) and to set up parameters.  Pay For Success is where an outside investor would come in, pitch a program with measurable outcomes, and if approved, would set out on this program.  If the program works with those outcomes, the State would pay the company back.  If it doesn’t, they wouldn’t.  The bill sets up Pay For Success for all state agencies.

Senate Bill #172, which is meant to increase the transparency of education funds, passed the House but an amendment clarifying some language on the bill which causes it to go back to the Senate for a final vote (provided they don’t put any amendments on it).  That bill passed in the House with 41 yes votes.

On the Senate side, they passed House Bill #268 which deals with Senior property tax credits, but due to an amendment placed on the bill in the Senate, it will go back to the House.

Finally, Delaware Governor John Carney signed both the budget bill and a bill giving one-time bonuses to state employees and retirees.  Both the Bond bill and the Grant-In-Aid bill will come up for a vote on the last day of the Delaware General Assembly, Saturday June 30th.

Delaware Senate Passes The Budget Bill 10 Days Before Legislative Session Ends & Paid Parental Leave Up For A Vote

Delaware FY2019 Budget

The Delaware Senate just passed the FY2019 budget bill.  With a vote of 19 yes, 1 no, and 1 absent, Senate Bill #235 will go to the Delaware House of Representatives.  This is a far cry from a year ago when the General Assembly didn’t pass the budget until after June 30th.  They wound up passing the budget in a rare continued session which lasted until July 2nd.

The sole no vote belonged to the perennial budget naysayer, State Senator Colin Bonini.  Senator Catherine Cloutier, who has been ill of late, was absent.  I fully anticipate State Rep. John Kowalko attempting to put the charter school transportation slush fund amendment on the bill to end that practice.  This could be the year!  But it would have to go back to the Delaware Senate at that point.

What this also means is no more money is going into the budget unless an amendment specifically says so.  This point actually caused a ruckus last week between Senator Dave Lawson and Senator David Sokola.  The Senate Education Committee did not release the bill.  The main reason was the budget bill was already decided upon but Senator Lawson’s bill would have added $65 million to the FY2019 budget.  It caused both the Senators to put Facebook videos up defending their points of view.

A slew of school safety bills are pending in the General Assembly right now.  Only one, HS1 for House Bill #49, has been sent to Governor Carney.  A House Bill was supposed to be heard in the House Education Committee today with an ask of $10 million for a school safety fund but it was removed due to a Senate bill asking for $15 million.

At this moment, the paid parental leave for state employees legislation, House Bill #3, is about to get a vote in the Delaware Senate.  The Director of the Delaware Association of School Administrators, Tammi Croce, is testifying about teacher shortages in our schools.  Paying for substitutes, she said, would cost more on the local side of education funding on top of paying more on the local share for a teacher’s potential 12 week leave.  She said her organization is opposed to the legislation. Senator Nicole Poore said teachers already take leave to which Croce responded most mothers take about 6-8 weeks while fathers take 1-2 weeks.  Poore said New Jersey offers a paid parental leave similar to this legislation and they don’t suffer the retention issues Delaware faces.  I will update this discussion.  It is rather fascinating.

Senator Sokola supports the bill.  He said this bill could be seen as a recruiting tool to get more teachers in Delaware.  As well, it could inspire more retired teachers to come back to long-term substitute because they would be in the same classroom as opposed to getting shuffled around different classrooms.  Croce invited Sokola to do some long-term subbing to which he said he might since DuPont dropped him three years ago.  Lieutenant Governor Bethany Hall-Long said if they have a spinning wheel in there Sokola would jump at it!

Senator Greg Lavelle, who is a sponsor of the bill, said Croce makes some good points.  He said the bill was introduced on April 5th so why are the school districts just bringing this up in the last 4-5 days?  He said it was an abdication of duty for the school Superintendents to wait this long to oppose the bill.  He said he supports what they are saying but seems offended they waited until now.  In other words, Lavelle is being Lavelle.

Kristen Dwyer with the Delaware State Education Association is testifying right now.  Senator Poore said she understands male teachers are unable to take paternity leave unless they use sick time to which Dwyer said yes.  Dwyer said 76% of their membership are women but most of them are of child-bearing age.  She said many teachers take the 6-8 weeks of paid leave now but many of them have to take more time as unpaid leave.  She expressed how many women many have complicated labors which cause that additional time.  She said new teachers in the first five years of the profession are leaving at a rate of 39%.  She said teachers are looking for benefits just as much as salaries.

Senator Simpson asked if she is concerned about the ability of school districts to hire more substitutes if this legislation passes.  She said the incident of substitute shortages is not because of this bill.  She said she has been in discussion with others to get more pay for long-term subs.  Simpson keeps trying to press the substitute teacher issue.  Dwyer said this bill does not change what has been an ongoing issue with finding substitutes due to the pay involved.

Poore asked Dwyer if her members want this bill.  She said yes.  DSEA represents 13,000 educators and this bill represents a class of that total.  Poore said 446 births a year are attributed to teachers.  Senator Hocker said this would be about 110-120 births each quarter of the year.  Simpson said he has gotten letters from teachers in DSEA who do not support the bill.  She said she has not but she has heard of teachers who would have not received this benefit since they are past child-bearing age.

Senator Simpson said he can’t support the bill.  Senators Marshall and Sokola asked to be co-sponsors on the bill.  Simpson asked what effect this could have on private employers.  He said it might impact families who decide not to come to Delaware.  Editor’s note: this guy will find any reason not to support this bill!  Now he is bringing up how the Department of Corrections has been experiencing shortages for years.  He feels as though this will add to that shortage.

Senator Poore is giving statistics about how Chase gives 16 weeks of paid parental leave and Bank Of America gives 18 weeks.  She said this is one way to invest in the next generation.  She feels this is to incentivize teachers to stay in the profession.  Senator Simpson asked what non-banks are giving?  Poore didn’t know.

Simpson introduced an amendment to reduce the time from 12 weeks to 6 weeks.  He said it is a “reasonable compromise”.  Roll call on the amendment: 5 yes, 15 no, 1 absent.  Amendment failed the Senate.

Now he is introducing Senate Amendment #2 which adds a three-year sunset to the bill.  He feels the bill is a “grave” mistake.  Roll call- 7 yes, 13 no, 1 absent.  Amendment failed the Senate.

Roll call on the bill.  Wait, Lavelle wants to talk again.  Said he supports the bill.  He said paraprofessionals are a part of the IEP, which his son has.  He said his wife as well as Senator Poore are fighters for IEPs.  Senator DelCollo supports the bill as well.  Senator Walsh said companies don’t have 39% attrition.  Said he supports the bill to support his union brothers and sisters in Delaware.  Wants to be added as a co-sponsor.  Hansen, co-sponsor as well.  Rose Henry, wants to be co-sponsor.

Everyone is calling for the roll on the bill- 16 yes, 4 no, 1 absent.  Bill passes!

17 Who Made An Impact In 2017: State Rep. Andria Bennett

DE State Rep Andria Bennett

One Democrat State Representative in Delaware turned the cart upside down in the late days of June when she voted no on tax hike legislation.  She also put forth legislation that mandates cursive be taught to Delaware students in their early elementary years.  Andria Bennett definitely had an impact in 2017.

In Defense Of Andria Bennett

DE State Rep Andria Bennett

I’ve seen a ton of hate pointed at State Rep. Andria Bennett since her momentous decision last Thursday night.  The whole House Bill 240 personal income tax vote.  She didn’t like what it would do to itemized deductions.  She heard from her constituents.  She did what a State Rep. is supposed to do: represent.  Let’s face it, it was a crappy bill in an even crappier situation.

It isn’t the Republicans who are trouncing her.  It is her own party.   Even some of her own colleagues in the House.  That is just wrong.  There is someone out there with a fake name called Delaware Way.  When I got the friend request, I thought it was Nancy Willing because her blog is called The Delaware Way.   But last night I defriended this anonymous troll who is NOT Nancy Willing.  This anonymous Facebook personality was bashing Bennett very hard with ugly words that are public.  This person told me to get off my high horse.  That’s fine, I own that.  I’ve been hard on many in Delaware politics at one point or another.  But I don’t bring out heavy curse words in my descriptions of elected officials.  I learned my lesson from doing that ONCE with DSEA over opt out.  And it hurt my reputation for a long time.  But I never went after someone personally and out of the realm of their lives as a public figure.  That is the key difference.

This is what I know about Rep. Bennett.  When the IEP Task Force was created back in 2014, I hounded the legislators to add parents to the task force.  I received responses from many that it was a done deal.  But Rep. Bennett, along with a few others, got the Delaware Senate to rescind their vote, add an amendment to add parents, and vote again on the concurrent resolution.  Last year, when I ran for the Capital School Board, she wrote a letter endorsing me.  This year, I watched her fight hard for a cursive bill that passed the House and Senate.  She voted against the budget back in 2015 along with five other legislators.  They were all branded by their own party as Benedict Arnolds but they all showed courage in the face of kicking the can.  That same can blew up all over the state budget this year.  She always says hi to me when I see her, unlike some down at Legislative Hall.  I am sure if I dug around a bit, there are votes she has cast that I would like and hate.  They all have those votes.

I have no doubt in the world she upset a lot of plans last Thursday night.  But the reality is simple: House Bill 240 was NEVER going to pass the Delaware Senate.  With 10 Republicans out of 21 Senators, on a vote that required a 3/5th vote?  It wasn’t going to happen.  If anything, Bennett saved the bill from an even bigger defeat.  There was NO door opening if it passed the House.  It was going to die no matter what.

The General Assembly is messed up.  The leadership is horrible.  If we don’t have legislators on the Right storming out instead of actually voting, we have certain Dems falling all over each other congratulating themselves on their monumental victory last night.  Schwartzkopf is not a good leader.  He is a great micro-manager though.  One of those bosses who is all over you if you do something he doesn’t like.  And he STILL hasn’t returned my email I sent to him a few weeks ago.  Bennett would within 24-48 hours, no questions asked.  And she isn’t even my State Representative!

Like every legislator, they wear different hats.  They have the face they put on in front of the public as an elected official.  But then they go home to their families and loved ones and they are just like anyone else.  So to trounce Bennett the way I’ve seen, calling her the things I’ve seen, that is despicable.  You didn’t like her vote?  That’s fine.  But don’t take it so personal.  She is a human being just like Pete and Val and John and Kim and Danny and Tim and all the rest of them.  She has a family and friends.  She had her reasons.  Get over it!

Wednesday Is Find Revenue Quick Day In The House Revenue & Finance Committee Meeting

Delaware Budget Deficit

Lots of interesting tax bills on the agenda for the Delaware House Revenue & Finance Committee!  Will it be enough to shrink the budget deficit?  As well, the Delaware Economic Forecast Advisory Committee is meeting on Monday.  Will the budget deficit go up or down?  What will the Joint Finance Committee do with their plethora of cuts?  This is where it all starts going down.  And where is the budget bill anyway?  With all the suggested cuts and epilogue language?  I’m hearing it is out there but they won’t let anyone in the media have it.

 

The Next 55 Hours Will Determine WEIC, HB399, HB30, The Budget, The Bond Bill, & Possibly The Election Season

148th General Assembly

We are down to the homestretch on the 148th General Assembly.  It is the bottom of the ninth with two outs.  The next batter is up.  This will be Delaware Governor Jack Markell’s last sphere of influence with Delaware legislation as Governor of the First State.  For that, we should all have reason to celebrate.  As of July 1st, all eyes will turn towards elections in Delaware and the USA.  But there is a bit of unfinished business in Legislative Hall.  We will know by about 4am on Friday, July 1st what happened.

The Wilmington Education Improvement Commission’s redistricting resolution is ready for a Senate vote.  The Executive Committee will clear it for a full vote.  But then, it gets very interesting.  I reported a few days ago that one Senate Democrat was a no and another was on the fence.  Now we can make that three Senate Dems as a no.  And the Senate Republicans which gives Senate Joint Resolution #12 a vote of 9 yes and 12 no.  But, I’m also hearing from the cracked walls of the basement of Legislative Hall that there might be new legislation kicking the can on this down the road into the 149th General Assembly.  Will Red Clay and Christina say “Enough” and get out of the whole thing?  Or will we have another year of “will they or won’t they” speculation?  In the chance SJR #12 does pass, the question then becomes “what happened to $6 million dollars”?  The Senate passed the budget today and WEIC was not in it.  I did find out the answer to this.  The funds are in reserve but they don’t want to put it in the budget without an affirmative vote on SJR #12.  What happens to the $6 million if SJR #12 doesn’t pass?  It goes to the Bond Bill.  For those who don’t know what the heck a bond bill is, in a nutshell it is a capital improvements bill.  Here is an example from FY2013.  We should see the FY2017 bond bill in the next 24 hours.

The Basic Special Education Funding for K-3 students, House Bill 30, has not received the full House vote yet.  I hope we will see it, and then a rush to the Senate, but I am not optimistic.  I did hear today that the Education Funding Improvement Committee may ask for an extension, but then that they may not.  We will know if a final report is issued to the General Assembly in the next 27 hours.

House Bill 399, the teacher evaluation bill, has become a very odd bill with a great deal of power.  As the story goes, State Rep. Earl Jaques and Senator David Sokola’s tiff is still going on.  Today in the House Education Committee, Jaques pulled Sokola’s teacher certification legislation, Senate Bill 199, from the agenda.  House Bill 399 is on the Senate Education Committee agenda for tomorrow.  Apparently a deal was reached whereby House Bill 399 will get to be heard in the Senate Education Committee and will most likely be released for a full Senate vote.  In exchange, Jaques will “walk” Senate Bill 199 for signatures from the House Education Committee members.  But then House Bill 399 has to go before the full Senate.  Which is a toss-up for how it could go there.  I’m hearing different things from different people.  Honestly, if anyone is still concerned about defying the will of Governor Markell, I would think twice before using that empty-handed justification.  Did you hear that quacking sound?  It is the sound of a lame-duck desperately grasping for power in a vacuum.

There is more at stake here than current bills.  Election season is coming fast and broken alliances and grudge matches could make things real ugly for the Delaware Democrats.  I’m pretty sure if WEIC fails in the Senate, Senator Margaret Rose-Henry and State Reps. Charles Potter, Stephanie Bolden, and Helene Keeley will have a lot to say about that!  They say Wilmington wins elections for state-wide positions in Delaware, but the reality is that Jack Markell would not have become Governor if he didn’t win crucial votes in Kent and Sussex County when he beat John Carney in the primary in 2008.

Speaking of Carney, it looks like he is finally getting around to reaching out to different groups and state agencies in Delaware to firm up support for the Gubernatorial election in November.  He still hasn’t officially filed for the 2016 election yet, but he has until July 12 to do so.  We also have filings from Republican Lacey Lafferty and Libertarian Sean Goward.  Nothing from Republican and current State Senator Colin Bonini.  Goward and Lafferty have been the most visible on Facebook.  In my mind, you have to work for my vote and get your name out there.  I want to know your original ideas, not more of the same-old I hear now.  Many Delawareans are in this mindset.  If I had to vote today, Carney would not get my vote.  The only candidate who has reached out to me and presented many ideas I agree with is Sean Goward.  And not just about education either.  I would reach out to him and hear what he has to say!

The Congressional race in Delaware is going to amp up big time as well.  The News Journal declared Townsend as the “front-runner” a couple of weeks ago, but it is still a long ways off.  Townsend has massive support over at Delaware Liberal with some calling him one of Delaware’s best legislators.  He does certainly get a plethora of bills passed.  But Lisa Blunt-Rochester also has a great deal of support from the African-American community which could change this tale.  In terms of signage, I can’t speak for what is popping up in New Castle or Sussex County, but I can say Hans Reigle signs are all over the place in Kent County.  And not just roadside ones, but also property signs as well.  I have seen Mike Miller and Sean Barney popping up a bit more on the Democrat side.  While Townsend may have amassed the biggest war chest thus far, how much of that will be spent on the primary between five candidates?  I’m sure some will drop out between now and then.  This will be a contest between Townsend and Blunt-Rochester when it comes down to it.  Assuming no one else files on the Republican side, Hans Reigle will have an all-clear until the General Election.  After the primary, we will see massive competition between Reigle and the Democrat candidate.  With a growing feeling of disillusionment with the Democrat party in Delaware, especially in an environment with more in-fighting among themselves, I wouldn’t count Reigle out.  Delaware might be a “blue state”, but this year could change things.  Look at how much traction Trump has gotten in the past year.  I would like to hear more from Scott Gesty as I think he has some very interesting ideas as a Libertarian candidate.

In terms of the State Rep and State Senate races, we may see a mad rush of filings in the next couple weeks.  While some are already saying the Republicans don’t have a chance of changing the power structure in Dover, I wouldn’t be too sure.  At least in one House of the Delaware General Assembly.  People don’t like what is going on.  They see a lot of the egregious glad-handling and deals being made in Dover and they don’t like it one bit.  This is becoming a more vocal community, especially on social media.  I’m going to go ahead and predict many new faces in Dover come January.  I think the citizens of Delaware deserve a more balanced legislature.  Too much on one side has not been a good thing for the middle-class and lower-income families of the state.  I don’t like the assumption that certain people should win office because they are Democrat, or that certain bills will pass because they have Democrat support.  I like to hear both sides of the issues, but all too often some voices are drowned out by the high-fives and fist-bumping going on.  By the same token, there are some Republicans who need to realize they could be on the cutting line as well come November, or even September.  They should stop thinking of this as a frat club.  If you want respect, you have to show respect.  Especially as an elected official.  For those who are about to call me a hypocrite, bloggers don’t count!

Things are going to get very interesting over the next 55 hours and in the next four months.  This is Delaware.  Anything can happen!  The crazy action will take place on Thursday night in the General Assembly.  I’m not sure about the Senate yet, but the House begins their legislative session at 7pm.

Oh yeah, what about House Bill 50?  And the Autism bills, Senate Bills 92 and 93 with their assorted amendments?  To be continued…

148th General Assembly 2.0 Begins Today!

148th General Assembly

Delaware_Legislative_Hall_House_chamber_DSC_3452_ad

The second leg of the 148th General Assembly officially convenes at 2pm today at Legislative Hall in Dover.  It remains to be seen what will come out of this.  My hopes and the reality will most likely be different.  I sincerely hope they are able to pass legislation that will help all citizens of Delaware.  While I have incessantly beat the drum on the veto override of House Bill 50, there is a lot of legislation for them to get through.  The biggest of them all, the budget bill, will cast a long shadow over pretty much any legislation with a fiscal note attached to it.  We will find out what our state finances look like in a couple weeks when Governor Markell presents his Fiscal Year 2017 budget.

I wish the General Assembly can get along in the next six months.  I hope party politics doesn’t become the headlines.  We have some great legislators in Dover with the capability of doing great things.  This will be a very unique legislative session.  With over 3/4 of the General Assembly up for re-election in the last year of a two term Governor who has been controversial on his best days.  I have an odd feeling much of what we are about to see is pre-determined.  But there will be surprises along the way as well.

I want to wish all the legislators in Delaware a welcome back and a special notes goes to newly anointed State Rep. David Bentz.  We will know by  the end of June what becomes of the next six months.  You are all representatives of the people, by the people, and for the people.