SB 380 STILL FOCAL POINT OF DEBATE

JEFFERSON CITY - Even though it passed nearly two years ago, Senate Bill 380 remains a focal point of debate among members of the General Assembly.

The legislation, aggressively pushed through the Legislature by Gov. Mel Carnahan with few votes to spare, re-wrote the school foundation formula for elementary and secondary schools and also included a series of education reforms.

The bill remains controversial, both because of its reforms and the $315 million tax increase that came with the bill.

One of the leading critics of reforms contained in the bill is Sen. Peter Kinder, R-Cape Girardeau, who said many of those reforms are being imposed under the philosophy of outcomes based education.

At the time the bill was debated, many lawmakers were concerned the so-called "Outstanding Schools Act," could lead to outcomes based education. Supporters of the measure, said that was not the case.

However, Kinder and several other GOP lawmakers, contend that even though OBE may not have been specifically mentioned in the bill, it is being imposed on school districts. Opponents also fear that the ultimate impact of the legislation will be to undermine local control of schools.

The bill created a Commission on Performance to oversee the reforms, and Kinder said the standards drafted by the commission are clearly, outcomes based education. He said there is an attempt to move away from "rigorous objective standards of academic achievement" and a shift toward things like cooperative group learning and measuring self-esteem.

Kinder predicted a grassroots revolt against SB380 and OBE.

"That issue is not going away," he said. "It will only build in intensity."

But the governor defended the bill and said it is having a positive impact on schools across Missouri.

"There is nothing about outcome-based education in Senate Bill 380," Carnahan said. "It is just not in there. We are not turning schools over to a few decision-makers."

Carnahan said some of the positive changes brought about are smaller class sizes, an expansion of the early childhood education program and efforts to reduce the dropout rate.

"I tire of these people who hit at the Outstanding Schools Act and have not taken the time to go into their own classrooms and see what is being done," he said.

Senate Appropriations Committee Chairman Mike Lybyer said the new school formula will be funded at 75 percent in the next fiscal year, with an infusion of $189 million.

It is on schedule to be fully funded by Fiscal Year 1997. Kinder has joined some of his GOP colleagues in filing legislation that would require all reforms proposed by the Commission on Performance to be approved by the General Assembly before they are enacted.

Kinder said many parents around the state are upset about the direction reforms will take and have formed Missourians for Academic Excellence.

That group plans to push an initiative petition to try and get something on the ballot next year to change some of those directions.

Senate President James Mathewson said people who complain about SB-380 and the tax increase that went with it, need to consider what could have happened if lawmakers had not acted.

Cole County Circuit Judge Byron Kinder issued an order in January of 1993 citing inequities in the way school funds were distributed. He told legislators to correct the problem.

"That judge said very plainly, `you do it or I'll do it,"' said Mathewson.

The circuit court indicated it would take another $900 million to fully fund the old formula. By re-writing the formula and making some changes, state legislators got by on $315 million additional, the senator observed.

"I think we made a hell of a deal," said Mathewson.

He pointed out that the federal desegregation court orders applying to St. Louis and Kansas City all started in circuit court. To date, taxpayers have spent more than $2.7 billion to comply with those orders.

AP-CS-02-07-95 1931EST