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House debates rulemaking power in bid to keep districts eligible for capital outlay aid
Summary
Lawmakers debated HB 183, which would let the State Board of Education use rules to continue proportional capital-outlay support for school districts whose certified tax rate falls below the 0.0024 levy threshold because of rising assessed valuation. Concerns centered on delegating authority and whether a minimum floor should be required.
Representative Alemont Tyler presented House Bill 183, an Education Capital Outlay Foundation Amendment, saying the bill would let the State Board of Education adopt rules to distribute appropriated capital-outlay funds on a proportional basis when a district’s certified tax rate drops below the statutory 0.0024 levy because assessed valuation increases. "This will permit the State Board of Education to allow a proportional support… if a district vote drops all the way to 0.0018 then the state board could allow them to participate on a proportional basis," Tyler said.
The measure, Tyler said, addresses districts that could otherwise be forced out of a program that brings poorer districts up to the state per-WPU capital average. Tyler showed members a chart of the 16 districts currently eligible and described the mechanics by which the average per-student capital guarantee is set each year by the legislature’s appropriation.
Several representatives questioned delegating distribution specifics to the State Board. Representative Hickman asked whether eliminating the explicit 0.0024 language effectively gives the board broad discretion or creates a funding source other than the appropriation; Tyler replied the board must act within criteria in the bill and gave the example of proportional funding ("if there was 18, they'd get three-fourths of the amount"). Representative Cheryl Allen and Representative Bradshaw pressed for a statutory floor to ensure local districts still levy a minimal local contribution before receiving state aid; Allen said it had been important "that there not be assistance from the state unless local school districts were willing to levy what they consider to be a reasonable amount to support their own capital outlay."
Representative Butters opposed the bill on equity grounds, arguing that districts that maintain higher levies could be tapped to fund those that lowered levies. Representative Cohen successfully moved to circle the bill to allow additional analysis and negotiation; Tyler said he would work with colleagues to address concerns. The motion to circle passed.
The next step is further work in committee or among sponsors before the bill returns to the floor. No final action on HB 183 occurred in this session; the bill was circled for later consideration.
