House Education committee reviews draft miscellaneous education bill, keeps adult-education safeguards and orders follow-up testimony

Beth St. James, Office of Legislative Council, reviewed draft 3.1 of a miscellaneous education bill before the House Education Committee and said most provisions were proposed by the Agency of Education and had been part of a miscellaneous bill that passed the House but not the Senate last year.

The committee discussed several substantive provisions in the draft, including language on school safety and behavioral threat assessment teams, removal of a reference to Goddard College, public-bid language for food services accounts, a deleted rulemaking requirement for virtual learning, changes to adult education and the adult diploma program, a BOCES startup-grant eligibility change, insertion of several placeholder bills (including intranasal epinephrine and a military-related postsecondary-opportunity bill), and proposed effective dates for the act.

The most contested item was proposed striking of a budget-year diagnostic provision tied to the adult education and secondary credential program. Beth St. James said, “most everything in here has been proposed by AOE and most everything in here was in the miscellaneous ad bill that passed the house last year.” Committee staff and members discussed that removing the diagnostic-language provision could allow the Agency of Education to use diagnostic assessment results in ways some providers worry would replicate the prior high school completion program’s funding mechanism. Meg (committee staff) summarized field concerns that removing the language “would allow the agency to replicate what was happening in the high school completion program” by tying payments to diagnostic scores.

Committee members noted the statutory baseline for the adult diploma program is broad. St. James read the statute for the committee, noting that the statute requires the agency to maintain an adult diploma program but does not prescribe grant mechanics. Several members said the practical administration (including the federal assessment requirements and how AOE draws down federal funds) would be best explained by AOE and program providers. After discussion, one committee member recommended not striking the diagnostic language immediately and allowing the new adult-diploma system time to settle before removing provisions worked on last year.

The committee also debated language that would require the State Board of Education to “begin a robust national search process not later than 60 days after public notification of the resignation of a secretary of education” and that the state board “may request from the agency of education the funds necessary to utilize outside resources.” Several members expressed discomfort with the permissive “may request” phrasing and asked whether the agency should be required to provide funding; others noted that requiring an appropriation or attaching a dollar amount would pull the policy into the budget process. A committee member suggested keeping the provision as written and addressing funding in the board’s future budget request.

On retiree rehiring rules, members discussed a bill that would extend the authorization for retired teachers and administrators to resume service and continue to receive a retirement allowance. Committee members asked for financial clarification from the Treasurer’s Office about whether rehired retirees resume contributions to the retirement system and the fiscal impact of extending the sunset. The committee directed staff to obtain testimony from the Treasurer’s Office and from DPA to clarify current practice and fiscal effects before deciding on how far to extend the sunset (members floated alternatives including 2027, 2028 or 2030).

Staff noted the draft removes a subsection that required rulemaking on virtual learning after AOE indicated it preferred to address the matter through agency policy. The bill would allow supervisor unions exploring formation of a BOCES to qualify for startup grant funding, broadened the startup-grant eligibility timeline and clarified when funding would be available. The bill inserts placeholder language for intranasal epinephrine and a military-related postsecondary-opportunity bill (H87) and sets the act’s effective date to take effect on passage except that intranasal epinephrine and the military-related provisions would take effect July 1.

On next steps, the committee directed staff to collect testimony from AOE, adult-education providers, the Treasurer’s Office and DPA on administration and financial impact of the contested provisions. Members indicated they would hold the draft for additional testimony and for adjustments to funding language rather than immediately striking the contested adult-education diagnostic provision or finalizing longer-term retiree-rehire sunsets.

The committee did not take a formal recorded vote on the draft during the session; members instead gave staff direction and asked for follow-up information before advancing any formal motion to amend or introduce the bill.