High School Musical This weekend the high school drama and music departments will present Disney’s High School Musical for the community. The attached advertisement indicates the dates and time for each production. If your schedule allows, I think you would enjoy this special presentation.

Groves Chamber Dedication You are cordially invited to attend a dedication plaque unveiling honoring the first responders for the city of Groves, Texas immediately following Hurricane Rita (see attached invitation).

Industrial Training Summit Big plans are being made to prepare for an industrial training summit to be held on February 9, 2008 at the Ford Park Exhibit Hall (see attached flyer). Interested PNGISD high school students will be among the individuals taking part in the summit. You are invited to attend this event anytime between 9:00 a.m. and 7:00 p.m.

Bullying Report No bullying incidents on campuses were reported for the month of January.

TASB Publication The TASB Board Briefs for January 12, 2008 are attached for your review.

Board Policy EC (LOCAL) Tanner Hunt, Beaumont attorney, has sent you the attached letter expressing his concern regarding the chance that districts could become the ACLU’s “target” for litigating the student issue expressed in Board policy EC (LOCAL).

Construction Essentials Workshop Four one hour workshops highlighting construction issues will be available to administrators and school board members during February and March (see attached document). If you are interested in earning Continuing Professional Education (CPE) credit hours, you may want to take advantage of this opportunity.

Recent News The following publications are provided for your information.

1) Texas Senate Interim committee Charges Affecting Public Education 80th Legislature 2) Wimberley school district challenging Texas ‘Robin Hood’ finance law

February 1, 2008

"A mind once stretched by a new idea never regains its original dimensions." ~~ Oliver Wendell Holmes (1809 - 1894)

February 19, 2008 9:00 a.m. – 1:00 p.m. 1:00 p.m. - 7:00 p.m.Region V High Schools General Public

Ford Park Exhibit Hall The Industrial Workforce Alliance of Southeast Texas wants OUR COMMUNITY to know about the thousands of well-paying industry jobs that will soon be available in our area, and how to secure one!

Presentati on of craft s and the salaries that can be made!

LIVE demonstrati ons of each craft *Boiler Makers *Electricians *Heavy Equipment Operators *Hole/Fire Watch *Instrument Technician/Fitt er *Insulators *Iron Workers *Machinists *Masonry/Brick Layer/Millwright *Painter *Pipefi tt er/Plumbers *Plant/Process Operators*Safety Technician/Supervisor *Sheet Metal Workers*Tank Builders *Welders*Scaff old Builders *And More...

Find out WHERE & WHEN to get training:*Associated Builders & Contractors*Industrial Safety Training Council*Lamar Insti tute of Technology*Lamar State College-Orange*Lamar State College-Port Arthur*M. Weeks Welding Lab*Union Apprenti ceship Programs

Industrial Training Summit

SCHOLARSHIPS AVAILABLE!!!

Speak to Industry Representati ves from the following:*Companies such as Eastman Chemical, Golden Pass LNG, Moti va, Total, Valero and many more...*Nati onal Contractors such as Becon, CB&I and Fluor*Golden Triangle Business Roundtable companies and contractors

From: Kathryn Gustafson [mailto:KG@edlaw.com] Sent: Wednesday, January 23, 2008 10:46 AM Subject: *Special TASBO Member Special* Schwartz & Eichelbaum's Construction Essentials Workshop The following is a promotional announcement from Schwartz & Eichelbaum Wardell

Mehl and Hansen, P.C.

Special Discount for TASBO Members Only!  

presents

Construction Essentials Workshop If your district wants to build, you need to start out with the right foundation. How can you obtain valuable construction insight without leaving your office? Join Schwartz & Eichelbaum for our timely Construction Essentials Workshop webinar sessions. Attend these one hour webinar sessions from the comfort of your desk or conference room. You can participate by yourself or share the sessions with others in your district. All you need is a computer, an internet connection and a telephone. All sessions will be presented by David P. Hansen. Session Descriptions • 10 Things You Need To Know Before You Build In this training you will learn about bond publicity, seeking architects and taking the steps that will allow you to hit the ground running once you pass your bond. Remember - in construction, time really is money. • What Can I Expect From My Architect? Learn what your architect can and should do for you. From pre-bond planning through final payment, the possibilities may surprise you. • What Can I Expect From My Contractor? Learn about the role of the contractor in the Construction Manager at Risk, Construction Manager-Agent and General Contractor methods of delivery. • Listen Up Contractor! I've Got Something To Say Learn 5 things you can do when your project starts to head south.

When & Where

Session Date Time Locati10 Things You Need to Know Before You Build Feb 26, 2008 10 am – 11 am At your d

What Can I Expect From My Architect? Feb 28, 2008 10 am – 11 am At your dWhat Can I Expect From My Contractor? Mar 4, 2008 10 am – 11 am At your d

Listen Up Contractor! I’ve Got Something to Say Mar 6, 2008 10 am – 11 am At your d Registration Fee $100 per session $350 for all four sessions $250 for all four sessions – For TASBO Members Only Prices are per computer. Continuing Education Credit Schwartz & Eichelbaum, P.C. is a certified provider of Continuing Professional Education (CPE) requirements through the State Board for Educator Certification (SBEC). The firm is also a registered provider of Continuing Education credits for School Board Members through the Texas Education Agency (TEA), and business officers through the Texas Association of School Business Officials (TASBO). Participants will receive one hour credit for attending each session. Register Now! Call 800.488.9045 with any questions or visit www.edlaw.com for more information and to register online.

SCHWARTZ & EICHELBAUM

WARDELL MEHL AND HANSEN, P.C.  

www.edlaw.com  |  800.488.9045  |  information@edlaw.com   Schwartz & Eichelbaum’s Construction Essentials Workshop has no affiliation with TASBO. This message was sent by Schwartz & Eichelbaum Wardell Mehl and Hansen, P.C., 4201 W. Parmer Lane, Suite A-100, Austin, TX 78727.If you no longer wish to receive emails from us, please reply and type "Unsubscribe" in the subject. For questions, please send email to information@edlaw.com.

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Texas Senate Interim Committee Charges Affecting Public Education

80th Legislature

Education Study the effectiveness of public school programs serving special education students, including autistic students. Specifically, consider whether special education services are adequately preparing students for post-secondary opportunities. The review should also include the availability and quality of the supports and services provided by adult services agencies for individuals with disabilities. Make recommendations for improving public school special education programs and the coordination of adult education services among state agencies. Conduct a comprehensive review of the public school accountability system and make recommendations for improvements. The review shall include indicators in the current system, measures of district and campus performance, public expectations, individual student achievement and measures of teacher, program and financial effectiveness. Review and make recommendations regarding best practices for programs targeted to improve the academic success of limited English-proficient students. Review the access and quality of career and technical education programs in the state and make recommendations to improve these programs to address the economic and workforce needs of this state. Make recommendations for controlling the costs of textbooks from kindergarten through higher education, and monitor the implementation of HB 188, 80th Legislature, relating to instructional materials. Review and make recommendations that address the state's facility infrastructure needs for public schools, ensuring that funding remains stable, reliable and equitable. Examine the need for funding adjustments for factors that affect the need for facilities, such as fast growth, age and condition of facilities, adequacy of space, construction and land costs, and concentration of students requiring smaller class sizes. Assess the impact on property taxpayers of “rolling forward” the Existing Debt Allotment (EDA) each session and the change in biennial appropriations for the Instructional Facilities Allotment (IFA). (Joint Charge with Senate Finance Committee) Review current property tax rates at school districts. Explore what mechanisms may exist to prevent any future constitutional funding challenges. Review any funding issues that are particular to certain types of school districts, such as fast growth districts. (Joint charge with Senate Finance Committee) Monitor the implementation of legislation addressed by the Education Committee, 80th Legislature, Regular Session, and make recommendations for any legislation needed to improve, enhance and/or complete implementation. Specifically, monitor the implementation of HB 2237, relating to grants and programs for dropout prevention, high school success and college and

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workforce readiness in public schools. Include a review of the revised methodology the Texas Education Agency uses to calculate the dropout rate. Report on the implementation of education reforms in House Bill 1, 79th Third Called Special Session. The review should include: the implementation of the high school allotment, the development of the best practices clearinghouse and the electronic student records system, the alignment of curriculum to attain college readiness, student improvement/growth models and access to college credit in high school. The committee should also study and make recommendations on how to continue strengthening the P-16 Initiative to promote college attendance in this state.

Finance Study the effectiveness of cash management strategies of the state. Review the quarterly amount of cash on hand and its use and potential to generate excess returns. Include an assessment of cash flow problems that exist in school districts and request that the Comptroller of Public Accounts report on the additional short-term borrowing needed and the potential impact on bond ratings if legislation is not passed which allows for the "smoothing" of state payments to school districts. Explore the policy implications of allowing school districts, or other public agencies, to participate in a permissive pooled collateral program which provides for the centralization of collateral in a pool which will be tracked and verified to meet state requirements. Study the feasibility and the advisability of establishing an investment policy that is consistent across all state trust funds, including the trust funds of the Employees Retirement System, the Teachers Retirement System, the Permanent University Fund, and the Permanent School Fund. Identify best investment policies for state trust funds. Examine recent portfolio diversification strategies and the effect they have on long-term fund performance. The recommendations should consider what is an acceptable rate of return, an acceptable degree of risk, the appropriateness of certain investments. (Joint charge with Senate State Affairs Committee) Review and make recommendations that address the state's facility infrastructure needs for public schools, ensuring that funding remains stable, reliable and equitable. Examine the need for funding adjustments for factors that affect the need for facilities, such as fast growth, age and condition of facilities, adequacy of space, construction and land costs, and concentration of students requiring smaller class sizes. Assess the impact on property taxpayers of “rolling forward” the Existing Debt Allotment (EDA) each session and the change in biennial appropriations for the Instructional Facilities Allotment (IFA). (Joint Charge with Senate Education Committee) Review current property tax rates at school districts. Explore what mechanisms may exist to prevent any future constitutional funding challenges. Review any funding issues that are particular to certain types of school districts, such as fast growth districts. (Joint charge with Senate Education Committee)

Subcommittee on Property Appraisal and Revenue Caps

Review the property tax appraisal system, including the following: • the duties and responsibilities of chief appraisers and appraisal districts; • any abuses that occur in the appraisal process;

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• the process of appointing the members of boards of directors of appraisal districts; • the impact of adding members to the boards of directors of appraisal districts who are not

appointed by the taxing jurisdictions of the district and methods for appointing these additional directors;

• the usefulness of information provided in a notice of appraised value; • the impact of HB 1010, 80th Legislature, Regular Session, relating to appraisal districts

crossing county lines; • any benefit from requiring more uniformity in appraisal standards used by appraisal

districts; • any revisions to the property valuation appeal system that could reduce the cost of dispute

resolution; • the likelihood of, and any associated benefit from, increased compliance with the existing

business personal property rendition law if chief appraisers are given limited audit authority.

Study the benefits and limitations of property tax appraisal caps compared to a limit on revenue a local jurisdiction can receive without the approval of the voters in the locality. Consider alternative sources of funding to replace property tax revenues. Study the cost and benefit to the state of projects approved by school districts limiting the value of business investment under the Texas Economic Development Act (Ch 313, Tax Code), and the funding impact on public schools. Review the practice of school districts approving budgets contingent on the passage of a rate-rollback election.

Government Organization Examine criminal background check requirements across Texas health and human service, law enforcement, and education agencies, as well as other licensed professionals. Study whether Texas should adopt high performance building standards. In light of the potential impact of Texas' population growth on the need for electricity and water, study whether high performance buildings can cost-effectively lower utility costs and make more efficient use of natural resources.

Health & Human Services Study the changes in statute contained in SB 10, 80th Legislature, as well as the state's current prevention and wellness efforts and chronic care management efforts, and identify opportunities for improvement in state policies and programs. Examine options for expanding and optimizing the state's current investment in wellness programs and management tools for individuals with chronic care conditions, including options that address childhood asthma. Review partnerships with the private sector that specifically address the following:

• availability and effectiveness of childhood and adult vaccines, including public education programs to promote the use of vaccines.

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State Affairs Study whether Texas should adopt the Restatement 2nd of Torts Sec. 674 (Wrongful use of Civil Proceedings) and whether a person should be allowed to recover court and attorneys fees when he has been forced to defend a lawsuit filed without probable cause or for intimidation purposes. Monitor the Texas workers' compensation system, and the continued implementation of the reforms of HB 7, 79th Legislature, Regular Session, by the Texas Department of Insurance and other state agencies. Specifically evaluate the recent decision by the Texas Supreme Court in Entergy v. Summers in terms of its impact and the impact of previous legislation on the workers' compensation system.

Subcommittee on Base Realignment and Closure Monitor the implementation of legislation addressed by the Subcommittee on Base Realignment and Closure (BRAC), 80th Legislature, Regular Session, and make recommendations for any legislation needed to improve, enhance, and/or complete implementation. Focus on implementation of the following:

• SB 962 relating to school districts affected by troop reassignments at military installations.

Wimberley school district challenging Texas' 'Robin Hood' finance law

Teachers are tired of their pay. Students are tired of cramped schools. Taxpayers are tired of seeing their money go to other districts. A Hill Country school district says it will not share its wealth.

10:58 AM CST on Monday, January 28, 2008

By TERRENCE STUTZ / The Dallas Morning News tstutz@dallasnews.com

WIMBERLEY, Texas – Protests from this small school district nestled in the Texas Hill Country are reverberating across the state's school finance landscape.

ERICH SCHLEGEL/DMN Bowen Intermediate School in Wimberley is so short on space that its gym's stage is now used as storage and a lost-and-found room. The state says the high-wealth district must pay an estimated $3.1 million or risk consolidation.

School board members – backed by parents and local business owners – have decided to say "no" when their payment comes due next month under the state's "Robin Hood" school funding law.

Wimberley is one of more than 160 high-wealth school districts – including several in the Dallas area – that are required to share their property tax revenue with other districts. But residents here insist that their students will suffer if they turn the money over to the state.

"We're not going to pay it," said Gary Pigg, vice president of the Wimberley school board and a small-business owner. "Our teachers are some of the lowest-paid in the area. Our buildings need massive repairs. We keep running a deficit – and they still want us to give money away.

"It's unconstitutional – and I'm ready to go to jail if I have to."

Mr. Pigg and the rest of the Wimberley school board voted last fall to withhold the payment of an estimated $3.1 million in local property taxes – one-sixth of the district's total revenue – that was supposed to be sent to the state under the share-the-wealth school

finance law passed in 1993. The law was passed in response to a series of court orders calling for equalized funding among school districts.

The first payment this year from Wimberley is due Feb. 15, and Texas Education Agency officials and Wimberley schools Superintendent Dwain York have been looking for a way to avert the first instance of a school district refusing to share its property taxes under the 15-year-old law.

State Education Commissioner Robert Scott and the TEA have remained firm that if the situation can't be resolved, Mr. Scott will be required to take steps to dissolve the 2,000-student school district and annex it to a neighboring district, mostly likely the San Marcos or Hays school district.

"There is no option for the commissioner," said Debbie Ratcliffe, a spokeswoman for the education agency. "If they refuse to make payments, Wimberley must be consolidated with a lower-wealth district."

Some districts have threatened in the past to withhold payments, but none have done so.

Pay now or pay later

Local school officials from across the state have been closely watching the situation, sympathizing with Wimberley over its bleak financial picture, but also recognizing that it is required to surrender some of its revenue under a process called "recapture."

"I don't like to pay my income tax, but you have to pay it," said Clayton Downing, former superintendent of the Lewisville school district and president of the Texas School Coalition, which represents high-property-wealth districts.

"None of our districts are crazy about paying recapture, but as long as this is the law, there's no choice. You have to pay or there will be consequences. We understand their financial situation, but they're fighting the inevitable."

Lawmakers had hoped to do away with the unpopular Robin Hood system when they passed a massive school finance reform law in 2006, but the wide disparities in property wealth among districts made that impossible – so long as education funding continues to be heavily dependent on local property taxes.

The new system significantly reduced the amount of revenue taken from high-wealth districts – by almost half – but the figure is still expected to reach about $1.1 billion this year.

Mr. York, superintendent of Wimberley schools, said the designation of his district as high-wealth is misleading.

While most high-wealth districts have valuable commercial or industrial property, Wimberley has little of that except for the antique and specialty shops clustered in the center of town. Most of the property on the tax rolls is residential – and much of that is owned by retirees attracted to the area by its natural beauty and laid-back lifestyle.

"There's nothing in the school funding system that is positive for us. It's sucking the life out of our district," said Mr. York, who encouraged others to visit his school district and see for themselves that it is far from wealthy.

Last winter, for example, one of the district's two elementary schools had to use space heaters in several classrooms because parts couldn't be found for the campus' old heating system.

That same campus, Bowen Intermediate School, also has what teachers call the "portable jungle" – a collection of 20 portable classrooms scattered behind the overcrowded main building. And the stage in the gymnasium is no longer available for school events because it is being used for storage and also doubles as a lost-and-found room.

A $34 million bond package passed by voters last year – including funds to build a new elementary school – will eventually help, but there is no relief in sight for other pressing needs, according to Mr. York.

"We've cut out Spanish instruction for elementary students, eliminated some of our reading intervention programs, scaled back our music program, and my faculty has not had a decent raise in five years," he said.

The cutbacks have been particularly frustrating for the school board members because they have seen the beneficiaries of the Robin Hood system avoid such constraints.

"We're giving money to supposedly poor school districts that are giving their teachers raises every year, and in some cases, using that money to buy buses for their football teams," Mr. Pigg said.

Meanwhile, he added, Wimberley has been ranked "recognized," the second-highest rating, by the state, while some districts receiving Wimberley's property taxes have been rated "academically unacceptable. "

In discussions with state officials, Mr. York said, "They tell us our only hope is to either cut teachers or raise taxes. Those are two pretty pathetic answers."

Regarding the possibility of a tax hike, Mr. York noted that an increase would require voter approval – something that is not likely to happen with residents knowing that a big chunk of their money will be taken by the state.

Situation changed

Wayne Pierce of the Equity Center, a group that represents hundreds of low- and medium-wealth school districts, said Wimberley's predicament is more the result of a lack of adequate funding from the state than the Robin Hood system.

ERICH SCHLEGEL/DMN Fourth-grade teacher Johanna Dennis works with her class at Bowen. Wimberley officials say their teachers are among the area's lowest-paid.

"We used to think all high-wealth school districts had lots of money. But the situation has changed, and many of those districts are now having difficulty making ends meet," he said.

Still, Mr. Pierce added, "If the state allowed a district to not pay its recapture funds, then you would have chaos in the system."

But such arguments don't impress the residents of Wimberley, who remain solidly behind the board's decision.

"We are right behind the school board on this," said Sue Hales, librarian at Wimberley Junior High School. "We are not what the state says we are. We don't have a lot of money in this district." The average home value, for example, is about $165,000.

Local businessman Jack Glover also has problems with the state taking so much property tax money out of the school district, particularly when teachers are underpaid compared with nearby districts.

"They need to raise our teacher salaries up and then maybe talk about how much of our money we can send out," said Mr. Glover, 83.

Local school officials said they will continue to negotiate with the state as the Feb. 15 deadline approaches, looking for common ground, such as a proposal to allow the district to stretch out its Robin Hood payments.

"The TEA is just as worried about this as we are," Mr. York said. "They know how bad it would look if they consolidate a recognized school district – one that has a 98 percent graduation rate – with a lesser district. What kind of message would that send?"

A RECENT HISTORY OF TEXAS SCHOOL FINANCING

A group of poor school districts sued in 1984, alleging that the funding system – based mainly on local property taxes and state aid – was unconstitutional and deprived them of the same per-student funding as wealthier districts. They won, and the Texas Supreme Court said the state had to equalize funding between wealthy and poor districts.

The Legislature made two attempts – both struck down by the courts – to fix the system before agreeing in 1993 on the "Robin Hood" plan, which took property tax revenue away from high-wealth districts and redistributed it to lower-wealth districts. The state Supreme Court upheld the law in a 1995 opinion written by then-Justice John Cornyn, now a U.S. senator.

In another round of litigation brought by Dallas and hundreds of other districts, the Supreme Court again declared the funding system unconstitutional because of its heavy reliance on property taxes – but left the Robin Hood requirements untouched. A new finance law passed in a special session in 2006 reduced local property taxes and replaced

the revenue with a new business tax and higher cigarette tax. "Recapture" of money from high-wealth districts was decreased, but it was not eliminated.

This year, a district is subject to recapture if it has property wealth of more than $364,500 per student. A total of 208 districts, including Dallas and Houston, are above that level, but many of those don't lose any revenue because of provisions in the 2006 law that protected them from funding losses in the future. Neither Dallas nor Houston has to pay into the Robin Hood system yet, but about 160 high-wealth districts do, to the tune of about $1.1 billion this year.

Terrence Stutz

Coming Events Tour Dekaney High School in Spring ISD .......................................................... Feb. 5, leave adm. bldg. @ 1 p.m. Please plan on eating lunch on your own prior to leaving @ 1 p.m. Called Board Meeting..................................................................................................Feb. 6 @ 6 p.m. (adm. bldg.) Sandwiches will be provided. TASB Grassroots Meeting................................................................................. Feb. 7, 6-9 p.m. (Region 5 Silsbee) Please let Bonnie know if you would like to attend. One training hour will be provided by TASB and additional time may be earned depending on the number/length of additional speakers (legislators, etc.). A meal will be provided. Please note…this is the same night as the PTA Founders’ Day Celebration. PTA Founders’ Day Celebration ..................................................................Feb. 7, 6:30 p.m. (First Methodist PN) $10 per person by 1/25…$11 per person Jan. 26-31…Jan. 31 is reservation deadline Mail reservations to: Taft Elementary Attn: Renay Moffitt 2500 Taft Ave. Port Arthur TX 77640 First Day to File for a Place on the May 10 Ballot for School Board Election ............................................. Feb. 11 Regular Board Meeting .......................................................................................................... February 12 @ 7 p.m. Last Day to File for a Place on the May 10 Ballot for School Board Election..........................March 10 (2-5 p.m.) Drawing for a place on the May 10 Ballot............................................................................. March 10 @ 5:15 p.m. Spring Break ..........................................................................................................................................March 10-14 Regular Board Meeting...............................................................................................................................March 18 Called Board Meeting (Bond Sale)...............................................................................April 2 @ noon (adm. bldg.)