Senate Committee Passes Common Core Replacement 11-0

The Senate Education Committee passed by a vote of 11-0 an amended version of House Bill 3399 this morning. HB 3399 will next be considered by the full Senate.

The measure would replace the Common Core English and Math standards with new, rigorous standards designed by the Oklahoma State Board of Education. It also protects against federal interference or control by prohibiting the state Board of Education from entering into any contract or agreement with any federal agency or private entity that would cede or limit state control.

Speaker Jeff Hickman

House Speaker Jeff Hickman, the author of HB3399, issue the following statement following the Senate Committee vote this morning.

“Our children are our most precious resource,” said Hickman, R-Fairview. “The language adopted today sends a clear message that Oklahomans can and will guide the standards to prepare Oklahoma children for higher education and career success.”

Sen. Josh Brecheen and Sen. Anthony Sykes issued the following statement after Monday’s unanimous vote in favor of HB 3399.  The two lawmakers are Senate co-authors of the measure.

“Again, I want to commend Governor Mary Fallin, Superintendent Janet Barresi, and Senate Education Committee Chairman John Ford who’ve understood the need for higher standards for Oklahoma students.  HB 3399 will enable us to actually exceed Common Core, while making sure that those standards are developed and implemented by Oklahomans.  I think Monday’s vote shows this was very important to the members of the Senate Education Committee as well.”—Sen. Josh Brecheen, R-Coalgate.

“The unanimous vote on House Bill 3399 sends a strong message that the concerns of our citizens have been heard.  This legislation makes sure Oklahomans are developing the standards and assessments we need for our children’s success, while preventing unwanted and unneeded intrusion by the federal government.”—Sen. Anthony Sykes, R-Moore.

Rep. Jason Nelson, R- Oklahoma City, coauthor of HB3399 issued the following statement following the vote in the Senate Education Committee Monday morning.

“The latest version of House Bill 3399, which passed the Senate Education Committee unanimously this morning, is a significant step forward for the academic expectations of school children in the state. 

“The Senate Committee Substitute for House Bill 3399 requires Oklahoma to develop its own independent college- and career-ready standards and assessments and protects the state’s sovereignty over our education system from outside control.

“Some have criticized the legislation as a step back from higher standards and suggested that it puts federal funds in jeopardy. There is no basis in the bill for these concerns.

“The principles that have guided the drafting of HB3399 are protecting the state’s sovereignty over our education system, setting academic standards that exceed all previous standards - including Common Core State Standards, protecting the state’s NCLB waiver, and establishing a process for public comment during the development of new standards including comments from parents, educators, representatives of the business community and many others. 

“The bill is designed to protect Oklahoma’s NCLB waiver which provides greater flexibility in the use of federal Title I funding. NCLB waivers allow for state development of independent standards and assessments. HB3399 allows Oklahoma to take advantage of this option. The suggestion that Oklahoma will lose the NCLB waiver because of HB3399 ignores the fact that Oklahoma is currently not in compliance with the waiver because we have already pulled out of the PARCC testing consortium and TLE won’t be fully implanted on the timeline set in the waiver.


“This legislation will lead to true college and career ready standards. To my knowledge there is no objective proof that Common Core State Standards are college- and career-ready. Documentation of the college- and career-ready nature of the new standards is provided for in the bill through a comparison of the new English and math standards with the Common Core State Standards. The state Department of Education, the Regents for Higher Education and the State Board of Career and Technology Education in Oklahoma - not a national consortium - will evaluate the new standards to ensure they will lead to a reduction in college remediation rates and an increase in the completion rate of post-secondary education.”

Senate President Pro Tempore Brian Bingman issued the following statement after Monday morning’s vote, calling for the adoption of new English and Math standards.

“Our challenge is to ensure Oklahoma students complete their education with the English and math skills they’ll need for college, Career-Tech or to go directly into the workforce. House Bill 3399 ensures Oklahomans will be the ones to create the rigorous academic standards necessary so our children can compete in the 21st century without federal interference. This puts control squarely in the hands of Oklahoma and our local districts, helping make sure our students will receive the education necessary to succeed.”

Governor Mary Fallin also released a statement following today's vote.

“Raising education standards and increasing classroom rigor are essential to ensuring our children are prepared for college or to begin their careers when they graduate from high school,” said Fallin. “As we work to raise the bar in our schools, it is essential that higher academic standards are developed and implemented by and for Oklahomans. We have no interest in relinquishing control over education to the federal government or outside groups.

“I support passing legislation that increases classroom rigor and accountability while guaranteeing that Oklahoma public education is protected from federal interference. While House Bill 3399 is still a work in progress, my hope is that it will accomplish these goals and ultimately be signed into law. I appreciate our legislators working diligently and carefully on this important matter.”

Fallin had already taken action in 2013 to protect Oklahoma schools from federal intrusion, signing an executive order explicitly outlining Oklahoma's independence in implementing higher standards and student assessments (Read More: Governor Mary Fallin Issues Order Barring Feds from State’s Academic Standards).

$45 Million Emergency Tornado Relief Measure Approved

OKLAHOMA CITY – The Oklahoma House of Representatives unanimously passed Senate Bill 249, a measure that will provide relief in response to the May 2013 tornadoes.

Governor Mary Fallin applauded passage of the emergency aid legislation. SB 249 will direct $45 million from the Rainy Day Fund to the Office of Emergency Management for immediate tornado relief. These funds will match a portion of the federal funds that have been allocated to local governments for their relief efforts. The funds will be administered by the Oklahoma Office of Emergency Management and used to reimburse local governments for relief efforts related to natural disasters, including the May 19 and May 20 tornadoes.

“The tornadoes that struck several Oklahoma communities this week were absolutely devastating,” said Fallin. “We are currently in an all-hands-on-deck effort to recover and rebuild. My thanks go out to our Legislature for helping to ensure that communities hit hard by storm and tornado damage will have the support they need moving forward.”

Money from the fund will match 12.5 percent of federal dollars spent to reimburse counties, cities, and towns for infrastructure damages that occur under a presidential disaster declaration. It will also be used to cover extraordinary response costs incurred by state agencies while responding to natural disasters.

“We lost 26 Oklahomans and hundreds continue to suffer due to this tragedy,” said Representative John Echols, R-Oklahoman City. “It is of the greatest priority that we come together as a legislature and provide help when our people are most vulnerable. We are a strong state made of strong people. We will overcome this tragedy and we will rebuild.”

“Tragedy has once again fallen upon our great state,” said Rep. Paul Wesselhoft, R-Moore. “Communities have been destroyed and lives have been ended, all too soon. The world has been watching and Oklahoma and has proven that we are a brave people able to unite and rise above this challenging time. I give my thanks to my fellow lawmakers for their votes.”

News outlets are predicting the total dollar amount in damage to exceed the May 3, 1999 tornado, which was greater than $1 billion. Oklahoma Insurance Commissioner John Doak has made early predictions that damage could be well over $2 billion.

“The devastation that has fallen upon my district and this state is indescribable,” said Rep. Mark McBride, R-Moore. “Oklahomans are facing a great hardship and the road to recovery will be long. I applaud my fellow lawmakers for their united compassion.”

“The people of Oklahoma have placed their trust in us as elected officials,” said Rep. Jason Nelson. “With that trust comes the responsibility to do what is right. By opening our hearts and through God’s guidance, I believe this chamber’s unanimous passage of this measure reinforces our commitment to the people of this state. This legislature is united. We are Oklahomans.”

Senate Bill SB 249 passed unanimously in both the Oklahoma House of Representatives and the Oklahoma State Senate. It was authored by Senate Pro Tem Brian Bingman and Representative Jason Nelson.

SB 249 will now go to the desk of Gov. Mary Fallin to be signed into law.

Four School Safety Measures Head to Governor

OKLAHOMA CITY – Four bills authored by House Speaker T.W. Shannon related to the issue of school safety passed full votes of the House Thursday.

In the wake of the tragedy in Newtown, Conn., late last year, Speaker Shannon, President Pro Tempore Brian Bingman and Lt. Governor Todd Lamb created the Oklahoma Commission on School Security. The Commission submitted a report to state leaders detailing suggestions on things the state of Oklahoma can do to make its schools safer and more secure. These four bills are a direct result of that report.

“Our children are precious and we must take the necessary steps to protect them while they are spending the day at school learning,” said Speaker Shannon, R-Lawton. “Recent tragedies like the one at Sandy Hook Elementary remind us that we must remain vigilant in the protection of our children. As a father, this is a particularly important issue to me.”

Senate Bill 256 would require school districts to conduct lockdown drills in addition to fire, intruder, and tornado emergency drill.

With the passage of Senate Bill 257, the “Oklahoma School Security Institute” is one step closer to reality. SB 257 directs the Oklahoma Office of Homeland Security to designate a division within the office as the OSSI. The Institute would act as a central hub of information and resources related to school security and risk assessments to campuses. Objectives and goals of the Institute include: maximization of school security and training; implementation of safety drills and facilitation of information related to school safety.

Creating a hard deadline date for school administrators of Nov. 1 annually, Senate Bill 258 requires institutions of higher learning to provide reports to emergency responders and agencies with details of updated plans for protecting students, faculty and visitors from disasters and emergencies.

Senate Bill 259 would require school authorities to immediately report to law enforcement if a firearm is discovered on a student that is not a minor or an adult that isn’t authorized to possess a firearm on school property. Also, the bill dictates the weapon in question to be delivered to law enforcement.

“With the passage of these four measures, it is my hope that we’re doing right by our children to ensure they have a safe and secure environment in which to learn and grow,” Speaker Shannon said. “It is vital to protect our children properly and I believe these bills will improve the safety environment of our schools.”

Lt. Gov. Todd Lamb in early March released the policy recommendations of the Oklahoma School Security Commission.

“As parents we want all children to do well academically, but our first priority is for our children, our students to be safe and secure during their school day," Lamb said. "No policy can prevent evil from occurring, but our hope is that these recommendations will mitigate and lessen the potential of future large scale school violence.”

President Pro Tempore Brian Bingman praised the work of the Commission.

“It is rare to see any policy proposal receive near-universal support at the state Capitol," said Bingman, R-Sapulpa. "I think it’s a testament to the seriousness with which the Commission went about finding common-sense ways to respond in the face of an agonizing national tragedy.

“I want to thank Speaker Shannon, Leader Burrage, and Leader Inman for their dedication to making the Commission recommendations successful. But most importantly, I want to thank the members of the Commission for their service, their time, and their expertise. Lt. Governor Lamb deserves our appreciation for his leadership of the Commission, and I believe I echo the thoughts of the Commission members when I say his sound judgment was essential to the formulation and passage of today’s legislation.

The measures now move to the governor’s desk for final consideration.

Lamb, Oklahoma Commission on School Security Release Policy Recommendations

OKLAHOMA CAPITOL—Lt. Governor Todd Lamb joined the 22 members of the Oklahoma Commission on School Security on Tuesday to announce their policy recommendations that stem from a several week comprehensive analysis of Oklahoma school security issues.  These policy recommendations were formally released in the 2013 Report of the Oklahoma Commission on School Security.

The Oklahoma Commission on School Security was formed after the elementary school shooting in Newtown, Connecticut last December.  President Pro Tempore Brian Bingman and Speaker of the House T.W. Shannon asked Lt. Governor Lamb to chair the statewide commission.  Lt. Governor Lamb is a former United States Secret Service Agent and as a State Senator was the principal author of the 2008 Oklahoma School Security Act.  Commission agendas included speaker testimony and discussion on the various factors related to school security including but not limited to public safety, mental health, training, engineering and local control.

“The members of this commission sacrificed their time and provided their expertise to this very important issue,” said Lt. Governor Lamb.  “As parents we want all children to do well academically, but our first priority is for our children, our students to be safe and secure during their school day.  No policy can prevent evil from occurring, but our hope is that these recommendations will mitigate and lessen the potential of future large scale school violence.”

The Oklahoma Commission on School Security was given a March deadline in order for recommendations to be placed in bills this legislative session.

After hearing expert testimony and completing their study, the Oklahoma Commission on School Security submitted the following legislative recommendations:

Senate Republicans Unveil 2013 Legislative Agenda

The Senate Republican Caucus on Tuesday released their agenda for the 2013 legislative session. Senate President Pro Tempore Brian Bingman said this agenda represents Senate Republicans continued focus on the economy, education, and infrastructure.

“Senate Republicans are intensely focused on creating the best business climate possible,” said Bingman, R-Sapulpa. “Pro-growth policies are the guiding light for our caucus agenda – whether we’re talking about fixing our runaway workers’ compensation system, reducing the tax burden on Oklahomans, or putting additional dollars in the classroom.”

Senate Republicans identified six public policy areas important to the success of their pro-growth agenda.

Members of Oklahoma Commission on School Security Announced

Oklahoma City—Lt. Governor Todd Lamb, Senate President Pro Tempore Brian Bingman, House Speaker T.W. Shannon, Senate Democratic Leader Sean Burrage and House Democratic Leader Scott Inman announced last week the members of the Oklahoma Commission on School Security.

Lt. Governor Lamb, a former United States Secret Service Agent, will serve as chair of the commission and looks forward to the work set to be accomplished.   

“Partnering with legislative leaders to create the Oklahoma Commission on School Security was a much-needed, proactive decision,” said Lt. Governor Lamb.  “Our children deserve safe and secure learning environments and this commission is committed to doing just that.  Each commission member brings experience from their respective field that will generate ideas and solutions to enhance school security.”

Members of the Oklahoma Commission on School Security include local school personnel, law enforcement, parents and health care professionals, and are as follows:

1. Roger Webb – Headmaster, Oklahoma Christian School/former President, University of Central Oklahoma/former Commissioner, Department of Public Safety
2. Maj. Gen. Lee Baxter (retired) –State Board of Education Member
3. Dr. Ryan Brown – Associate Professor of Psychology, University of Oklahoma
4. Lyn Watson – Oklahoma City School Board, District 1
5. Randy Holley – Superintendent, Shattuck Public Schools
6. Dr. Gary Quinn – Superintendent, Bartlesville Public Schools
7. Kevin Burr – Superintendent, Sapulpa Public Schools
8. Mike McClaren – Superintendent, Claremore Public Schools
9. Dr. Trice Butler – Principal, Wilburton Middle School
10. Dr. Sharon Brady – Assistant Director of Special Education, Lawton Public Schools
11. Tammy Will – Teacher, Morrison Public Schools
12. Dr. Eleanor Goetzinger – Behavior Specialist, Oklahoma City Public Schools
13. Jerry McConnell – Director of Facility Operations, Moore Norman Technology Center
14. David Prater – Oklahoma County District Attorney
15. Kim Carter – Director, Oklahoma Office of Homeland Security
16. Brandon Clabes – Midwest City, Chief of Police
17. Captain Tim Dorsey – Captain, Edmond Police Department
18. Darry Stacy – Cleveland County Commissioner, District 2
19. Gary Rudick – Chief of Police, Tulsa Public Schools Campus Police
20. Major James Blocker – Director of EMS, Oklahoma City Fire Department
21. Gary Armbruster – Principal Architect, MA+ Architecture
22. Phil Armstrong – Assistant Pastor, Metropolitan Baptist Church, Tulsa

“There is nothing more important than doing everything in our power to keep Oklahoma's kids safe,” said Senate President Pro Tempore Brian Bingman.  “I am tremendously thankful for these subject matter experts—they are generously giving of their time to help us build safer schools and address the fundamental problems that could potentially put our kids in harm’s way.  I appreciate their service.”

"Our children are our highest priority," said House Speaker T.W. Shannon.  "I applaud these men and women for volunteering their time and expertise to help safeguard the future of Oklahoma. My hope is they will strike the right balance between public safety and personal liberty."

 “We must have a serious, fact-driven discussion about the safety of our schools,” said Senate Democratic Leader Sean Burrage.  “The formation of the non-partisan Oklahoma Commission on School Safety is an important first step.  I applaud those who have stepped up to serve our state in this capacity, and I look forward to the findings of the commission.”

"As a parent, I never want to second-guess the safety of my children while they are at school," said House Democratic Leader Scott Inman.  "The Oklahoma Commission on School Security's work will be timely and necessary if we want to proactively create learning environments where our children feel safe, secure, and fearless throughout their education.  I look forward to the commission's findings and know these experts will provide us with a meaningful road map to ensuring our schools are secure."

Commission members will hold various meetings, the first set to convene at the Oklahoma State Capitol, Room 419-C, on January 22 at 1:30 p.m.  Meeting agendas will include speaker testimony and discussion on the various factors related to school security including but not limited to public safety, mental health, training, engineering and local control.  The commission plans on providing suggestions and legislative recommendations regarding school security for the 2013 legislative session.

Oklahomans across the state are encouraged to submit their ideas for study in the commission by calling the Lt. Governor’s office at 405-521-2161.

Lamb, Legislative Leaders Announce Commission on School Security

Lt. Governor Todd Lamb, Senate President Pro Tempore Brian Bingman and House Speaker-elect T.W. Shannon Thursday announced the formation of the Oklahoma Commission on School Security.

Lt. Gov. Todd Lamb

“In light of recent events, the time has come for us to assess the current school security system in Oklahoma,” said Lt. Governor Todd Lamb. “The Oklahoma Commission on School Security will provide an avenue for some of Oklahoma’s finest to collaborate towards a common goal. With the right knowledge and resources, we can effectively provide a safer school climate for our most precious commodity.”

Senate Democratic Leader Sean Burrage and House Democratic Leader Scott Inman have agreed to work with Republican Leadership to form a non-partisan commission. The purpose of the Oklahoma Commission on School Security will be to study a number of school security factors and to provide suggestions and possible legislative recommendations for the 2013 legislative session. Some initial issues to be discussed within the commission’s study will include current school safety measures, local control and local empowerment and mental health.

“The events of the previous week have deeply impacted us all,” said Senate President Pro Tempore Brian Bingman. “This is a time to grieve for the families in Newtown, to hug our kids a little bit tighter, and a time to ask ourselves how we can respond appropriately. I am encouraged by the non-partisan, thoughtful approach shown my colleagues in legislative leadership. Together, we believe Lt. Governor Lamb, as an expert in physical security from his time defending the President of the United States, is particularly equipped to lead our Oklahoma Commission on School Security – I am thankful for his leadership and willingness to serve.”

Speaker-Elect T.W. Shannon

“What took place in Newtown is unfathomable and disturbing,” said House Speaker-elect T.W. Shannon. “Our schools have too often become soft targets for those who have no regard for the precious lives of our children and those who we trust to educate and care for them. As a father and Speaker-elect, there is no higher priority than the safety of our children. Now is the time for us to review the safety needs of our public and private schools. The purpose of this commission is to put forth ideas that will address the safety needs of both our metropolitan and rural school districts.”

“What took place in Newtown almost a week ago, an act of pure evil, is still so hard for all of us as Americans to understand,” said Senate Democratic Leader Sean Burrage. “As legislative leaders in Oklahoma, we feel the right thing to do is come together in a non-partisan way to look at how we might be able to create safer classrooms for our kids. We must address the physical security of our school facilities, as well as very challenging mental health issues. I look forward to the recommendations of the Oklahoma Commission on School Security.”

Rep. Scott Inman, Democrat Leader

“In light of the tragic events in Connecticut last week I welcome the opportunity for us all to come together in a bipartisan manner and discuss ways in which we can best protect the children of Oklahoma,” said House Democratic Leader Scott Inman. “I appreciate the willingness of the Speaker-Elect to solicit input and consider solutions that are not simply knee-jerk reactions to the tragic events of Sandy Hook Elementary School. I look forward to working in the days ahead with the Speaker-Elect on this important issue.”

Lt. Governor Lamb began the initial steps in increasing school security when he was in the Oklahoma State Senate and the principal author of the Oklahoma School Security Act. The act, Senate Bill 1941, required schools to practice lockdowns two times a year. The measure additionally defined electronic communication as a form of bullying. The Oklahoma School Security Act also created a place on regional Homeland Security Advisory boards for school administrators.

As a former United States Secret Service Agent, Lt. Governor Lamb will bring his law enforcement experience and serve as chair of the commission, working with legislative leaders to appoint commission members in the coming weeks. Various backgrounds will be represented on the commission to include homeland security, local police, local school personnel, the Oklahoma State Bureau of Investigation and mental health.

Bingman Announces Leadership Staff and Senior Senate Staff

Oklahoma Capitol - Senate President Pro Tempore Brian Bingman, R-Sapulpa, announced Friday the members of his Leadership staff and members of the senior Senate staff for the First Session of the 54^th Oklahoma Legislature.

Cheryl Boothe will continue to serve as Executive Assistant to the President Pro Tempore. “Cheryl has been a trusted aide for many years,” said Bingman. “I am thankful for her enthusiasm, talent, and commitment to Oklahoma. She will be essential to our success in the coming legislative session.” Boothe is a graduate of Oklahoma State University. Previously, she worked in the private sector before serving as an aide in both the Oklahoma House of Representatives and Senate.

Amy McCord will return to the Leadership staff, managing the front desk as Administrative Assistant. Amy is a graduate of the University of Central Oklahoma and majored in Biology and Forensics. “Amy is a skilled and dedicated individual with a sincere desire to serve her fellow Oklahomans,” said Bingman. In addition to her service in the Pro Tem’s office, Amy works with her sister and mother as a wedding planner in Oklahoma City.

John Willbanks will remain part of the Leadership staff as Appointments Secretary for Boards and Commissions. “John is one of the most dedicated and earnest public servants I know,” said Bingman. “His broad experience, even temperament, and exceptional judgment makes him the perfect fit to manage the civic appointments process.” Willbanks is a graduate of the University of Central Oklahoma and holds a Public Relations Certificate from Rice University. Before joining the Leadership staff, Willbanks worked with former Appropriations Chairman Sen. Mike Johnson.

Trait Thompson returns to the Leadership staff and will serve as Senior Policy Advisor to the President Pro Tempore in the 54^th Legislature. “Trait has proven himself as a bright policy mind with a thorough knowledge of the legislative process. His passion for promoting a pro-jobs, pro-growth environment in Oklahoma is admirable,” Bingman said. Thompson holds a Bachelor of Science degree from Oral Roberts University with a graduate degree from the George H.W. Bush School of Government at Texas A&M University. Before joining the Leadership office, Thompson worked on the campaign staff of Governor Mary Fallin. In addition to his public service, Thompson serves as a member of the Capitol Preservation Commission and teaches in the Political Science Department at Oklahoma State University-Oklahoma City. Thompson is also an ordained minister. He resides in the Oklahoma City area.

Jonathan Nichols, a former member of the Oklahoma State Senate, joins the Leadership staff as General Counsel to the President Pro Tempore for the 54^th Legislature. “Senator Nichols is a dedicated public servant and skilled legal advisor,” said Bingman. “I am excited to have Jonathan’s counsel and unique skill-set as we tackle the challenges facing Oklahoma.” Nichols graduated from the University of Oklahoma College of Law and spent several years as an award-winning Assistant District Attorney before being elected to the Oklahoma state Senate. During his time in the Legislature, Senator Nichols served as Republican Caucus Chairman, Chairman of the Rules Committee, and worked intently on public safety initiatives.

Nathan Atkins will again serve as Leadership Assistant to the President Pro Tempore and Communications Director. Atkins has an extensive background in government and conservative politics. “Nathan’s dedication to smaller, simpler, and smarter government serves the Senate Republican caucus well,” said Bingman. A native of Edmond, Atkins attended Edmond Santa Fe High School and the University of Southern California. Previously, Atkins managed the 2010 re-election campaign of Congressman Tom Cole. He was part of the team that worked to elect Congressman James Lankford in 2010, and has worked for U.S. Senator James Inhofe. Additionally, he is active in civic causes in the Oklahoma City community, where he currently resides.

In addition to Leadership staff, Pro Tem Bingman announced senior Senate staff positions.

Randy Dowell will continue serving as the Senate Chief of Staff and Fiscal Director. Dowell, a graduate of Southwestern Oklahoma State University, joined the Oklahoma state Senate staff as a Fiscal Analyst in 1999.

Bingman also announced he has selected Paul Ziriax, the Secretary of the Senate and the State Election Board Secretary, for a third two-year term. The Secretary of the Senate will be formally elected by state Senators in January. By law, the Secretary of the Senate also serves as State Election Board Secretary. The Secretary of the Senate directs the Senate's floor staff, is the custodian of official Senate records, and provides parliamentary assistance to the Senate's presiding officer. The State Election Board Secretary is the chief administrative officer of the State Election Board agency and is the state's chief election official.

Ziriax has served as Secretary of the Senate and State Election Board Secretary since 2009. Ziriax previously served for six years on the Senate staff as a media and policy advisor to the Co-President Pro Tempore and two Senate Minority Leaders, and was chief of staff and press secretary to former U.S. Congressman Wes Watkins.

Supt. Barresi Thanks Legislative Leaders for Additional Funds

State Superintendent Janet Barresi last week thanked legislative leaders for shepherding approval of additional dollars so that school districts across the state can receive a total of $33 million for instructional and textbook purposes.

“Our first goal should be to get dollars to the classroom, where funds can help students,” said Barresi. “These additional dollars will help to lessen the impact of a tough budget year.”

Senate Bill 1535 passed the House of Representatives last week 88 to 3. The bill appropriates an additional $3 million to Oklahoma’s education budget. The money will help to offset a potential shortfall and will allow $33 million to be disbursed to districts to help them cover costs for a variety of instructional purposes. Traditionally earmarked for textbook expenses, for the past few years local districts have been given flexibility to spend the dollars on other needs.

Barresi said that same flexibility for districts would continue and that the full $33 million would be distributed to districts. Lawmakers earlier passed legislation that diverted a portion of the textbooks fund to the general education budget, something Supt. Barresi had not sought. The additional funds approved today ensures those dollars can be used for their original purpose.

“While the standstill state budget passed for education will create funding challenges, we will continue to work with lawmakers to seek supplemental appropriations in the upcoming legislative session next year,” Barresi said.

State Sen. Clark Jolley (R-Edmond), chair of the Senate Appropriations Committee; State Sen. Jim Halligan (R-Stillwater), chair of the Senate Appropriations Subcommittee on Education; State Rep. Earl Sears (R-Bartlesville), chair of the House Appropriations and Budget Committee; and State Rep. Lee Denney (R-Cushing), chair of the House Appropriations and Budget Education Subcommittee, have pledged to work to restore funding for the state education budget in the next legislative session beginning in February 2013.

“I’m grateful to Senator Jolley, Senator Halligan, Representative Sears and Representative Denney for their work on this issue — as well as to Speaker Steele and Senate President Pro Temp Brian Bingman,” Barresi said.

Budget Deal Reached

OKLAHOMA CITY – Governor Mary Fallin and leaders in the Oklahoma House and Senate today came to a budget agreement that includes targeted funding increases for core services. Fallin and other state leaders said the proposed $6.8 billion budget was a fiscally conservative roadmap for the state that controls spending while allowing for improvements to be made in health and human services, public safety, transportation, education and other important areas of government (see attached documents for more information).

“This budget deal is a responsible, fiscally conservative agreement that appropriately funds core government services,” Fallin said. “The targeted increases we are pursuing will help to improve child welfare services, repair structurally deficient bridges, increase access to health care in rural areas, and boost resources for public safety. Additionally, this budget agreement will also ensure the state supports common education and keeps its promise to teachers by funding health benefits and bonuses.  All of these things will help to improve state government services and make Oklahoma a better place to live and raise a family.” 

House Speaker Kris Steele said the budget deal successfully limited unnecessary government growth.

“This budget moves Oklahoma forward on multiple fronts,” said Steele (R-Shawnee). “It represents a commitment to responsible fiscal conservatism by limiting unnecessary government growth while still increasing resources for government’s core services. It’s a straightforward, balanced budget that will benefit the public and private sectors alike in many different ways.”

Senate Pro Tem Brian Bingman said the proposal represented a common sense, conservative approach to budgeting.

“Oklahomans deserve a conservative budget that reflects our values,” Bingman (R-Sapulpa) said.  “Budget dollars should be targeted to fund important core functions of government—giving Oklahoma’s kids a better education, fixing our broken roads, and protecting society’s most vulnerable children from abuse and neglect. This agreement demonstrates a commitment to govern in a fiscally responsible way-- I’m proud of our common-sense, conservative approach.”

Budget agreement summary by agency

FY 2013 Budget Proposal: Funding Increase Highlights

• State Department of Education: 

• Annualization of FY 2012 $52.4 million supplemental for flexible benefit allowance for teachers and support staff and National Board Certified Teacher bonuses.

• CareerTech : 

• Annualization of FY 2012 $1.4 million supplemental for operations

• Higher Education: 

• Annualization of FY 2012 $10 million supplemental for operations.

• Military:  

• $500,000 for renovation of armories

• Transportation: 

• $99 million increase to repay FY 2012 fund transfer; ensures eight year road and bridge plan remains intact and anticipates implementation of the Bridge Improvement and Highway Modernization plan proposed by the governor in future fiscal years

• Health Department:

• $1 million increase for infant mortality initiatives
• $500,000 for Cord Blood Bank

• Health Care Authority:

• $3.080 million to fund the rural residency program to increase access to health care in rural and underserved areas.
• $57 million – Maintenance of Effort and Growth
• Transfer of Behavioral Health dollars to the Department of Mental Health - $118,492,703

• Department of Human Services: 

• $25 million to fund Pinnacle Plan reforms
• $17 million for maintenance of effort and replacement of one-time funding in FY-2012
• $1.5 million for Advantage Waiver Program to provide reimbursement rate increases for home health care providers that serve the elderly
• $1.5 million to provide Developmental Disabilities Services Division (DDSD) reimbursement rate increases
• $1 million to reduce the current DDSD waiting list

• Department of Mental Health and Substance Abuse Services:

• $5.5 million for Systems of Care Grant and for an additional crisis center. 
• $667,000 for mental health screenings to determine the risks and needs of each offender; justice reinvestment. 
• Transfer of Behavioral Health dollars from OHCA - $118,492,703

• Department of Rehabilitation Services : 

• $300,000 increase to reduce the waiting list for services

• University Hospitals Authority: 

• $3 million increase for  Tisdale center in Tulsa

• Veterans Affairs : 

• $1 million increase to increase nursing staff and reduce staff/patient ratios

• Commerce:  

• $500,000 for Base Realignment and Closure Commission

• Conservation Commission: 

• $500,000 increase for water monitoring projects

• Water Resources Board:  

• $1.5 million increase for water monitoring projects

• Attorney General: 

• $5 million supplemental for water lawsuit and $2 million for justice reinvestment grants to local law enforcement agencies

• Corrections:

• $2.9 million to close designated wings of the Oklahoma State Penitentiary in McAlester, build a lethal fence, transfer up to 800 prisoners to private beds
• $1 million for justice reinvestment

• Medicolegal Investigations: 

• $1 million supplemental and $1.5 million annualization of supplemental to obtain re-accreditation (personnel, equipment and infrastructure improvement)

• Department of Public Safety:

• $5 million for  authorization of an annual trooper academy with capacity for 40 participants

Fallin, House, Senate Leaders Unveil Tax Cut, Tax Simplification Plan

OKLAHOMA CITY -- Governor Mary Fallin and leaders in both the House and Senate today introduced a joint plan for income tax cuts and tax code simplification. The proposal lowers the top income tax rate from 5.25 percent to 4.8 percent in Fiscal Year 2013 and includes a one-time additional tax cut tied to a revenue growth trigger in FY 2015. If state revenue grows by at least 5 percent in that year, the income tax rate would be reduced further to 4.5 percent.

The joint proposal represents a tax cut of over $218 million to Oklahomans when fully implemented in FY 2014, and would cut taxes by an additional $121.4 million in FY 2015 should the growth trigger be reached. Lost revenue is partially offset by tax reforms totaling $117 million when fully implemented in FY 2014. These reforms include the elimination of 33 tax credits, the elimination of certain deductions and the elimination of the personal exemption for single filers making over $35,000 and joint filers making over $70,000 (see attached one pager for new details).     

The new plan also simplifies the tax code by dropping the total number of tax brackets from seven to three. New rates will be set at 1 percent, 3.3 percent and 4.8 percent.

“This proposal represents a significant income tax cut and an important step forward for Oklahoma,” Fallin said. “Our plan is a responsible proposal that will go hand in hand with a budget that protects and supports all core functions of government. It also delivers a substantial tax cut that will allow Oklahomans to keep more of their hard-earned money while improving the environment for job recruitment and job retention in the state. I applaud both House and Senate leaders for coming together on this issue and giving the people of Oklahoma some well-deserved tax relief.”

House Speaker Kris Steele also spoke in support of the plan.

“Collections through April of this year are now $350 million higher than originally expected,” said Steele. “Oklahoma is growing. We have a choice to either spend all that money on more government, or give it back to the hardworking people of Oklahoma. We choose the latter. An income tax cut is not only the smart thing to do for Oklahoma’s economy, it’s the right thing to do for our citizens.”

Senate Pro Tem Brian Bingman said the tax cut would help small business owners while protecting core government services. 

“Today’s tentative agreement gives the people of Oklahoma a real and meaningful tax cut,” said Bingman.  “Senate Republicans have always believed lowering the tax burden is an important part of creating jobs and economic freedom in Oklahoma.  And today, we’ve taken an important step forward that shows the people of Oklahoma they can count on us to keep our word.  This plan will help more of our private sector citizens and small business owners be the innovators, entrepreneurs, and drivers of our state economy—all while protecting important core government services like teaching in the classroom.”

State Senate Approves Supplemental Funding Measure

The full Senate gave approval last week to a $92.5 million supplemental funding bill to meet specific needs in public safety and education. Sen. Clark Jolley, R-Edmond, is the Senate Appropriations Chairman and author of Senate Bill 1959, which was overwhelmingly approved on Thursday.

“This sends a clear message that promises made to Oklahoma teachers will be kept. Those who are qualified for National Board Certification bonuses will get them. Insurance benefits for educators that required funding have been addressed as well,” Jolley said. “We know the state needs more Highway Patrol Troopers on the road—it’s an important public safety issue, and so we’ve included money for a new trooper academy. Resources for Medical Examiner’s office will assist in their efforts to gain national accreditation. We also were very aware of the need to include emergency funds for our communities and counties throughout Oklahoma in the wake of wildfires and storm damage over the past year.”

SB 1959 includes:

• $14.8 million for NBC bonuses
• $37.6 million for insurance benefits for teachers and support staff
• $34.1 million for the State Emergency Fund to reimburse local communities and counties for disaster assistance
• $5 million for the Department of Public Safety for a Trooper Academy 
• $1 million for the State Medical Examiner for personnel and equipment required for national accreditation

Senate President Pro Tempore Brian Bingman said passage of the supplemental funding bill would help individuals and communities in every part of the state.

“I want to commend Senator Jolley for his work on this legislation,” said Bingman, R-Sapulpa. “I also want to thank our members for their support. The needs were clear, and I’m pleased we were able to come to an agreement allowing us to address them early in the legislative session.”

SB 1959 now moves to the House of Representatives for approval.

DHS settlement amended by Contingency Review Board, details undisclosed

By Patrick B. McGuigan at CapitolBeatOK.com (Published: 29-Dec-2011) 

At the state Capitol in Oklahoma City, the Contingency Review Board today (Thursday, December 29) amended and then approved an amended settlement agreement in a long-running lawsuit against the Oklahoma Department of Human Services (DHS). The board consists of Governor Mary Fallin, President Pro Temp Brian Bingman of Sapulpa and House Speaker Kris Steele of Shawnee. 

DHS and other parties to the litigation must accept the amended settlement before it is binding. The draft accord had passed one round of review by several parties, including the “Children’s Rights” group that has led the litigious attack on the troubled agency, in the case DG vs. Yarborough. 

The Children’s Rights organization, which is based in New York, has contended DHS inadequately monitors foster children, putting them at risk of harm. The agency has faced a wave of criticism for its handling of child protective services. 

The commission that governs the agency faced increasing critical scrutiny earlier this year for inattentiveness to the litigation and for open meetings’ violations. 

To gain approval, the amended draft accord, which was revised in an executive session of the CRB, must now be pressed anew through the route that brought the possible settlement to the CRB. The accord is subject to judicial review, as well as agreement of the contending parties. 

Further, legitimacy of the CRB’s involvement is being challenged by Oklahoma City attorney Jerry Fent, a perennial and often effective critic of government practices. 

Thus the draft agreement is merely the start of another round of scrutiny. If a binding agreement is not reached, the case could still go to trial in February (a preliminary hearing is slated for January 6). 

Speaker Kris Steele

Speaker Steele, who has been a critic of the agency and an advocate of significant changes in the agency’s governance and practices, said, “This is a golden opportunity to improve the agency under Oklahoma’s terms instead of a court’s terms. I’d like to thank Attorney General [Scott] Pruitt and our DHS commissioners for their leadership in steering this process to a path that is truly in the best interest of Oklahoma, its taxpayers and its vulnerable citizens. Make no mistake: This is a good day for Oklahoma.”

 

President Pro Tem Bingman, in a statement sent to CapitolBeatOK, commented, “There is no obligation we ought to take more seriously than the responsibility to protect the most vulnerable among us - particularly children in heartbreaking situations beyond their control.  The most important thing in this settlement agreement is a focus on improving the quality of services provided for the children of Oklahoma.

“Today's vote to approve the settlement agreement is a step in the right direction, and still must be approved by U.S. District Judge Gregory Frizzell.  Like all Oklahomans, I am eager for Department of Human Services officials, state-elected officials, and the legislature to work together for the benefit of Oklahoma's children."

Gov. Mary Fallin

After the executive session, which lasted a bit more than one hour, the board returned to open session. Gov. Fallin pointed out, “no votes were taken in closed session.” After return to open session, Sen. Bingman moved, and Speaker Steele seconded, approval of the settlement, as amended. The motion carried and the panel then adjourned.

In a brief discussion with reporters, Governor Fallin said that while the accord is subject to consent from parties in the litigation, she regards the draft accord as “a positive step.” 

She reflected, “All parties have negotiated in good faith.” Concerning the validity of CRB actions, Fallin said state officials “don’t believe [Fent’s] analysis is correct.”

Fallin has been carefully critical of DHS’ performance since assuming office last January. This fall, she named two new members to the commission that governs the agency – former Oklahoma County District Attorney Wes Lane and businessman Brad Yarborough. Soon after his appointment, Yarborough was elected chairman of the DHS commission. 

Attorney Fent’s challenges to the CRB’s practices have been successful in at least two cases. Further, state Rep. Mike Reynolds, an Oklahoma City Republican, argues the panel impermissibly mixes executive and legislative powers in a single board. 

In a 2007 state Supreme Court case (103714), “Fent vs Contingency Review Board,” a majority of the justices found “The Legislature cannot participate, either directly or through administrative boards having legislators as members, in the administration of funds appropriated by enacted legislation.” The court concluded CRB’s involvement in administration of funds constituted “a legislative usurpation” of executive powers.

In “Fent vs. Fallin” (2011 case 109770), the court struck down the Oklahoma Quick Action Fund due to the involvement of legislative leaders in “approval of an expenditure from the fund.” 

Additionally, Reynolds points to a 1982 opinion from Attorney General Jan Eric Cartwright which found that “a committee consisting of Legislators, may not be authorized by legislation to approve or reject grant applications.”

However, defenders of the CRB note the fact situation in the current DHS settlement agreement is different and, in legal parlance, “distinguishable” from other cases.

Discussing the possible settlement with reporters, Sheree Powell, the communications coordinator at DHS, predicted a positive and “very unusual” resolution of the case, although she declined to provide any details. In response to questions from CapitolBeatOK, she said she has not seen the revised draft amendment.

Powell said, “There is no perfect child welfare system.” She echoed frequently reported views of DHS Director Howard Hendrick, that DHS staff needs to be paid more and case workers need smaller case loads, and higher pay for foster parents and therapeutic homes.

In this month’s regular meeting of the commission, Hendrick said the Legislature should approve pay raises for agency workers, and reduce employee contributions to the state retirement system. 

Responding to the views of some critics that the agency is top heavy with management, Powell defended DHS performance, saying operations are “very efficient.” She said child protective work is “very stressful.” She said the full DHS commission should be able to consider the amended draft settlement next week.

Howard Hendrick
Director of DHS

Director Hendrick told reporters today he estimated the agency has spent $7 million defending its practices in the litigation. Costs have included attorneys’ fees, expert witness fees and other expenses.

Hendrick’s float of the idea to reduce pension system payments to finance pay hikes for DHS employees has attracted criticism from some. Hendrick said he could not address specific aspects of the accord until, and unless, a final agreement is reached. He made it clear the agency was willing to litigate to defend its practices, but that he hoped an agreement could be reached. 

In an interview with Oklahoma Watchdog earlier this month, state Rep. Randy McDaniel, an Oklahoma City Republican, said this is not the time to curb pension contributions. While sympathetic to pay hikes for state workers, “we cannot do that on the back of the pension system.” 

Linda Terrell of the Oklahoma Institute for Child advocacy said her group was “optimistic” at news of draft settlement, saying “significant reform” and possible privatization of “certain pieces of foster care,” combined with “wise investment of taxpayer dollars,” could improve performance at the agency.

In a statement sent to CapitolBeatOK, Terrell also took a shot at proposals to reduce state income tax rates, saying she opposed “cutting taxes for the wealthiest among us” at the expense of “vulnerable children.”