WEBVTT
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Every decision made in a state capital eventually walks through the doors of our school building.
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And the people who feel those decisions first, the students, teachers, and administrations are often the last ones heard.
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Today we're changing that.
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I'm very excited to have Dr.
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Mike Dulaney and Mr.
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Tim Heckenlively on the show.
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With the 109th Nebraska legislation session to begin, in this case, it's already started.
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Education will once again be front and center.
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Bills will be introduced, policies will be debated, and the people shaping those decisions need to hear from the people doing the work every day, which is you and me.
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Dr.
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Mike Dulaney is the executive director of the Nebraska Council of School Administrators and one of the most trusted voices when it comes to education policy in our state.
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And Mr.
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Tim Heckenlively is an educational consultant and former superintendent of Fall City's public schools who brings years of on-the-ground leadership and experience navigating how legislation plays out in real schools with real students.
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In this episode, we'll explore what to expect during the 109th legislative session, why educators must stay informed and involved, how to build relationships with your local state senators, how to advocate effectively without stepping into partisanship, and how your influence as an educator can give lawmakers the perspective they haven't yet considered.
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This isn't politics, this is advocacy, the kind that protects students, supports teachers, and strengthens schools.
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Now let's get to the conversation with Dr.
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Mike Delaney and Mr.
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Tim Hecken lively.
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So, you know, it's going to be really geared towards that.
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But I think there's a lot of things that are important in this conversation because this past summer in June of 2025 actually went to the educational advocacy workshop that the state of Nebraska or the NCSA put on.
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And I got to work with Mr.
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or Dr.
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Dulaney and actually uh met Tim through that process and got to learn about how the legislation works because I got sick and tired of state legislation getting passed to where I'm like, it's coming down on me to uphold some of this stuff.
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And some of it I feel like is just like, really, what can we do to help with that?
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How can we be more involved and be more proactive?
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So without further ado, I'd like to welcome in Dr.
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Mike Dulaney and Tim Hecken lively.
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Welcome to the show, guys.
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Hey, thank you, thank you.
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Appreciate it.
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And we really appreciate the opportunity to talk to your audience about the Nebraska legislature, some of the issues that we anticipate coming up.
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And then Tim, I'm sure, will jump in as well.
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Tim is a first-year lobbyist.
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And so I joked with him that thing about a lobbyist is your rookie year is more like a two-year deal where because you have to go through a 90-day session and a 60-day session to really get a feel for how things work.
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So he'll be with me at the Capitol starting Wednesday.
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So Wednesday, the 7th of January, is the opening day of the 2026 session.
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And it's a short session, so it's 60 days in length, which sounds not all that long, but it drags out for a good four months.
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So four months to cover 60 business days of the session.
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So we will we anticipate the legislature will first and foremost deal with a budget shortfall, which they have to deal with by constitutional mandate.
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And that's going to be a good $470 million to deal with in the red.
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But I have a feeling by the end of February, when the Economic Forecast Advisory Board gets together, that's the special board that determines exactly how our revenue is coming in or not coming in in the state of Nebraska.
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And they that's what determines what kind of shortfall we have.
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My guess is when they do get together late February, they're going to determine that revenue is not coming in as it should, and that that budget shortfall is actually going to be bigger than $470 million.
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So not good news, not good forecast, but that's what that's what we're anticipating.
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It could be devastating if they come together and say it's not a half million, a billion, it's a billion or whatever, and then all of a sudden state government is scrambling.
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Legislature has to deal with this.
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They can't just say, hey, we'll deal with it uh next year.
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They have got to balance the budget, and that means either more revenue source, which we kind of doubt would happen, or cuts, and that's what we worry about.
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Uh so the three largest appropriations for our state budget every year is TIOSA, that's the equalization formula, and then the university, which is a huge amount of uh appropriation, and then Medicaid.
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And so I don't know what to predict exactly, but I worry the fact that education is one of those major thumbs that could get the hammer, and that would mean bad news for for our schools.
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And Mike, that is, you're absolutely right, that is going to be the top priority.
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Everything we've been hearing as the legislative session gets geared up here in Nebraska, the different media sources are starting to interview the senators.
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That's that's the number one thing on everybody's mind.
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And with that kind of a deficit, the only way to get at that is going to be cuts.
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And so I haven't really heard as far as just like education-related issues.
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Not uh there's not a lot of that surfacing yet.
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I mean, the the number one thing we just keep hearing over and over going into this session is just dealing with the state's budget.
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That's right.
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Uh so you know that last year they created a special school finance commission to examine the current formula, what could be done to change it.
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That commission is still meeting, and uh it's unknown whether they're gonna have something in the way of legislation this session or not.
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I frankly don't know for sure.
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But even if there was legislation on the formula, I'm not sure there would be any financial resource available to put more money towards education.
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What we're worried about is quite the opposite is them taking money away, not adding to.
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And of course, we know all this time the heavy reliance upon property taxes to fund education can only be solved if you add more money to to the the state tab, and that would allow schools to have less reliance on property tax, much easier said than done.
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So I don't know if anything will be introduced on school finance.
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I've heard some things, but I'm not sure if it's true.
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It seems unlikely.
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It seems like that's a a bad place to start on on issues when we have such a budget shortfall.
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You know, but we do believe we're fairly confident that one of the issues that will come up again this year is option enrollment and special education students.
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We have a feeling that's where they left off last year, and there are some very strong opinions about that within the legislature.
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There are some senators like Sam who just don't believe a school should ever say no when it comes to an option student, especially a SPED student.
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The answer should always be yes.
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We'll take that kid.
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Of course, the reality is that a school district may not have the resources to help that student.
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So, and and then there's other instances when they simply say we are full, we cannot take any more students.
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So we have a feeling that issue is gonna come back once again.
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There is a pending bill, LB 653, which could be the vehicle they use, but we're fairly confident that issue is gonna come up once again.
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Yeah, it is, and that's uh certainly we've talked about that being a slippery slope as far as advocacy because it goes, because we don't want to come across as oh no, we're in favor of schools denying an education to children, but yet you know, we have to work to help other people and understand the ramifications to a school district to serve students, especially high-need students, work for special education services.
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And uh, you know, I think Jeff, you probably remember one of the key points from the advocacy academy was Dr.
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Delaney always saying, you know, if it's a bad deal, don't try to make it better, if you remember.
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But I do think we we've had the discussion, this was going to be one of those bills that we're gonna really have to dive into and you know, what can we digest and work with, and what can we not?
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And because this was coming back, and I think that it's going to have a lot of momentum.
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And so we're we this was a time we're going to have to make make some things work here on behalf of the educators in Nebraska.
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Yeah, I'm gonna I kind of want to say something on this one because I know this is coming up, and I sit at the principal seat, and so I've had these discussions, and I understand, like, okay, as educators, we want to help as many people as we can, right?
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We don't want to deny people, but I also understand on the parent side, because I have a brother that's trying to option enroll his kid into a school, and they have said no because they're full.
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But I also understand the school side of why, you know, we don't want to stretch as a principal, I don't want to stretch the resources we have too thin because if we can't, you know, have the people, if we can't take care of the people we have, it's gonna be even harder for us to take care of more people on top of that.
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I think coming from a principal standpoint, you know, I see kind of like we want to be able to help all these kids as best as we can.
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If we have the resources and we can make it happen, let's do it, right?
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Let's have those kids come in, let's educate them.
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We do that.
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We bring kids in from other districts in my school here at Hastings that have special needs and we try to accommodate that.
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But at the same time, we also don't want to stretch our staff so far thin to where we're putting more burden on our staff when our resources become limited.
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So I kind of see both sides on this.
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I'm kind of an advocacy.
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I'm kind of like, let the schools make the decisions, what's best for them, because the natural heart of public education is to help as many kids as we can to get educated.
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And that's kind of where I'm at with it when it comes to this issue, because I can see like, hey, that school's got a program that I can go to that helps my child and they'll be better fit over there than the school they're in.
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I get that as well.
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I've also been a small school rule principal where I'm asking schools, could you help me with this?
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And it's like, no, figure it out.
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And I've been on that side too.
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So I've been on both sides of this issue when it comes to just being a principal trying to get help for a kid in that situation, or to help kids that are in that situation.
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So it's a very fine balance and hacked.
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And like you said, you don't want to have this perception of we don't want to help kids.
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We do, but at the same time, we got to be able to have the resources and things available so we can do that.
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And I think that sometimes people get those things kind of lost in the fog or the haze of that.
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So if you guys would like to expand more, that's kind of like my take on it, my my little principal take.
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But I don't know where where you guys are at with that.
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Right.
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Well, I think you know, in the past, school districts have had flexibility and for local decisions.
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And you know, in in a state with over 200 school districts, you know, ranging from rural to urban, everybody is in a different situation when it comes to this.
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And a bill that's one size fits all, uh, it just isn't it really isn't going to work.
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And so we really want to advocate for that flexibility, that local decision making when it comes to you know, just option enrollment piece.
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Well said.
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So we're coming into a session, and and this harkens back to both of you who went through the academy and we talked about this.
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That there in many cases there are catalysts that drive an issue.
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It could be a lawsuit, a pending lawsuit, it could be any number of things.
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Well, we got one this coming session.
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We have a number of senators that are term limited after this legislative session.
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They they'll be out, gone.
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What we've experienced since term limits went into effect in the year 2000, we have seen this time again where the senator coming into his or her last session, they're desperate.
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That's the catalyst.
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They're desperate to get something done.
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Maybe an issue that they've been working on for the past eight years and they just haven't got it got it past the finish line.
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So there's the catalyst will be for lack of a better word, panic to get something done on a given issue, and they're gonna be trying like crazy because that that's maybe their legacy on a given issue.
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And so they're gonna want to get something done.
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Well, we know some of the senators leaving.
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For example, Senator Merman, this is his last session, the issue we just talked about, that's on his list.
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He may want to really pursue that issue more than anything.
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The other issue that came up last session was and we're we're not here to criticize our friends in the private school sector because we value private schools, we need private schools.
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But there was a piece of legislation that would have allowed or required schools to have policies to if a student wants to leave the school and go for go to another facility for religious instruction so that they may do that.
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And we found that to be problematic because we we were not sure if that was best for the school operations to have kids just leave the premises and go, but that issue never was adopted, and it came out of committee, but it was not adopted.
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Senator Merman is very big on that topic.
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He's also big on the topic of Ten Commandments being posted in the school, so that legislation is still hanging out there.
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You know what I'm saying is this session is unique because this is the last, it's the final hurrah for a number of these senators, and they're gonna want to accomplish something, and they're gonna be pushing very, very hard on whatever that issue may be.
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And that means that the school lobby, lobbyists like Tim, myself, we're gonna have to be very vigilant about what's happening.
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And if there are issues that we feel are negative for public schools, we're gonna have to fight like hot crazy to prevent bad policy from going to effect.
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Yep.
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It's really interesting.
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You talked about Senator Merman.
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Actually, had him come tour my building probably about maybe a month, month and a half ago, maybe now, to where he was invited by our Hastings Education Association.
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I got wind of it.
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I knew he was coming to my building, so I gave him a tour.
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We talked about things, and it was really nice because I knew he was the guy, uh the chair for the education side.
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And so I was able to kind of talk to him about the upcoming stuff.
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I know what he's looking at, and so I was able to have those conversations.
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I was able to have him talk to teachers and say, hey, this is how this would affect us.
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This is, you know, and something I'll, you know, I don't know if I'll say this because his daughter actually came to Hastings Public School to be taught in our transition program.
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So we've actually had his kid come here and we've worked with him.
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That was long before I came into the picture, long before I was a principal.
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But to be able to have that conversation and to have him in our building, have him do that little tour was really good.
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I also was able to bring in our senator, current senator of Adams County, Dan Lanowski.
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And he's a guy I've known for a long time because he's coach wrestling.
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He's out at Adams Central.
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And so we had a really great conversation and a good tour of the building.
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And so that was something that actually I took from the workshop was meeting with these senators, having invited them to come in, actually have conversations, show them the work we're actually doing, and then maybe have some conversations on, hey, this piece of legislation is gonna affect us this way, and try to get them to think about that.
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So that's something I actually got to be able to do this past month and a half to have those conversations.
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So I don't know if it's gonna, I mean, I'm hoping it helps, but those are things that I have been more aware of since that advocacy workshop.
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And I'm trying to help the process of through that.
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So with that said, I really appreciate you kind of talking about that because I didn't realize it was his last legislation session.
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So I can see why he wants to like maybe push some things, but at the same time, I think if it's good for education, we're gonna, we're gonna say, yeah, this is be this makes sense.
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But also if it's something that we got to figure out a compromise or something that we got to figure out a middle ground on where we could both win, that's something to think about too.
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Or if it's just bad legislation, it's bad legislation.
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So that's something to think of.
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There's a lot of things to think about when you're talking about these things.
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So I really appreciate you guys bringing that point up about that.
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What other pieces of legislation do you feel like maybe are hot?
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Yeah, can I can I cut kind of cut in real quick?
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Yeah, go ahead, Tim.
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You hit on a key point there with your advocacy, you know, coming from a background myself and you know, being in your shoes as a principal, then also serving as superintendent, you know, you know, I did a lot, I followed very closely Dr.
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Delaney's legislative updates.
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You know, I I took that stuff to heart.
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I, you know, talked to the teachers about that.
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I talked to the school board, the other administrators.
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But what you did, you know, you the great thing there is your boots on the ground, you know, and for you to take those opportunities to talk to those senators outside of the session, outside of a hearing, you're establishing relationships, but they're hearing, they're hearing from somebody that's every day in the trenches.
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And that's the important thing for school administrators.
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To understand.
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And I'm really glad that you took that from the advocacy training.
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And because those are the key pieces where you can make a difference and embracing those opportunities when you said, Hey, I see the senator's going to be in the school.
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You know, I'm going to, you know, set up my tour.
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And I'm sure you were able to burn his ear on a few things and show him some things you're dealing with, and that's what they need to hear.
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So great job on that.
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Yeah.
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I agree with that.
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And Jeff, I know you had done that.
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I think that was very, very smart.
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And that's a good advocacy tool because you the policymaker is right in your environment and seeing is believing.
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And when you take that senator around and say, Here's uh our wonderful teacher who teaches uh this or that and they're having a conversation, or or you take them in to talk to a special ed teacher, and she's able to say out loud, I'm exhausted, I'm working like crazy, I can't do more than I'm doing.
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Seeing is believing, and if they hear those things and they see those things, then they have to deal with it.
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I mean, and that's where we ran into problems for so many years.
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Some lawmakers, many of whom are term-limited now, did not want to tour the school because they did not want to hear it, they did not want to see it, and they were able to deny it.
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And then on the floor, they would say, Well, I don't believe this or that, and they were able to deny anybody who would say things about how stressed people are, whatever, because they didn't hear it themselves, they don't want to hear it.
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I think advocates like you, Jeff, out there bringing people right into the building.
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Merman has always been, as far as I know, always been willing to go to a school and and listen.
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I hear Senator Lineski is the same way that he was a retired teacher.
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So I think he probably enjoys going to school and see what's going on.
00:23:42.099 --> 00:23:49.939
I wish we had all lawmakers that way, but our hands will be probably filled with other issues as well.
00:23:49.939 --> 00:24:19.619
We have, for example, a retirement issue, and I think it's gonna come to a boil this session, and it has to do with the number of days required for a school employee to remain unemployed in the school environment to demonstrate that they have bona fide separation away from the school and that they are really retired.
00:24:19.619 --> 00:24:31.539
For a long time, people would retire, but they'd come right back, and there was some question about whether there was a deal ahead of time to give them a job, and so they didn't really retire.
00:24:31.539 --> 00:24:37.299
And that of course would be fraud, not to to say you're gonna retire and then you don't.
00:24:37.299 --> 00:24:41.539
So the 180-day wait period was put in place.
00:24:41.539 --> 00:24:44.739
Actually, before that, it was 360 days.
00:24:44.739 --> 00:24:54.899
So 180 is what we have right now, and through my conversations and meetings, this this interim period, the idea was floated.
00:24:54.899 --> 00:24:58.899
What about 120 days, which is less?
00:24:58.899 --> 00:25:07.139
The difference is in that 120, it's no work, so no substitute teaching, and no volunteer work.
00:25:07.139 --> 00:25:15.299
You retire and you're gone and you're out, and then after 120 days, you would be able to come back in some capacity.
00:25:15.299 --> 00:25:23.379
And our legislative committee, we're we're not unlike any other nonprofit association.
00:25:23.379 --> 00:25:28.739
We have a legislative committee that gets together and they give direction to Tim and I.
00:25:28.739 --> 00:25:38.099
So what bills they want to support and oppose, and we basically do the the the bidding, the will of that committee.
00:25:38.099 --> 00:25:41.459
I don't know what what they're gonna say about the 120 days.
00:25:41.459 --> 00:26:29.680
We know from talking to our members all summer long and through the fall that they generally like the idea.
00:26:30.000 --> 00:26:30.879
Generally, yeah, they do.
00:26:32.160 --> 00:26:50.799
There were a few that had questions, and and you know what it means is, for example, if a teacher who's gonna retire and really wanted to substitute teach right away, under the current law, they they can do that up to eight days per month during the 180-day period.
00:26:50.799 --> 00:26:53.440
With this new proposal, they would not.
00:26:53.440 --> 00:27:00.480
So we had some say, look, I have a teacher who's gonna retire, she wants to come right back to substitute teachers.
00:27:00.480 --> 00:27:03.359
Under this proposal, she would not be able to do that.
00:27:03.359 --> 00:27:16.399
So, yeah, there could be a burden, but the the trade-off is they'd be able to return sooner than later, and might help in that regard.
00:27:16.399 --> 00:27:22.399
So I don't know where our committee will come down on it, but that proposal will be out there.
00:27:22.399 --> 00:27:26.480
We uh will probably have a whole host of education issues.
00:27:26.480 --> 00:27:38.480
The thing about Nebraska that's unique is that every single bill that's introduced gets a public hearing or what I would like to call their day in court.
00:27:38.480 --> 00:27:42.720
So it could be a bill that in our opinion is absolutely crazy.
00:27:42.720 --> 00:27:51.920
Who would support, but it still gets an opportunity to be heard, which means we need to respond and be prepared to respond.
00:27:51.920 --> 00:28:01.839
Because any idea that just because we think it it sounds crazy, hey, it it still has a chance, and so we have to treat it as though it would.
00:28:03.519 --> 00:28:14.240
I know, like the 120 days, 180 days, I'm kind of mixed on that as a principal because I did have someone that retired was able to sub within that 180 days, and it helps us.
00:28:14.240 --> 00:28:22.319
So I mean, but at the same time, if you think about it, like I did the teacher, you know, they may be done May 31st, you know.
00:28:22.319 --> 00:28:24.399
I mean, they start retirement on June 1st.
00:28:24.399 --> 00:28:27.359
So that doesn't that doesn't seem so terrible.
00:28:27.359 --> 00:28:33.279
I mean, 120 days from like June 1st, you're talking June, July, maybe sometime in September, right?
00:28:33.279 --> 00:28:38.079
They can come back and do some stuff, which isn't that far into the school year.
00:28:38.079 --> 00:28:46.879
Also, like this on, but I also look at it as what if it's somebody like on my contract, I'm July 1 through January or June 31st.
00:28:46.879 --> 00:28:49.759
Wow, that 120 days starts July 1.
00:28:49.759 --> 00:28:54.240
It takes me a little longer to get to that part, but um to help out.
00:28:54.240 --> 00:28:56.160
So I think you know, that's something to think about.
00:28:56.160 --> 00:28:59.519
You know, it's you know, I'm about 11 years from retirement.
00:28:59.519 --> 00:29:01.599
So, you know, it's it'd be interesting.
00:29:01.599 --> 00:29:03.599
I I could go either way on this.
00:29:03.599 --> 00:29:21.519
Um, I think it would be you know beneficial in some aspects, but at the same time, I mean I think that'll bring that issue up because Jeff, you Senator Leneski, your senator, this was his big concern, his first year in the legislature.
00:29:21.599 --> 00:29:34.720
He brought a bill LB689 to deal with this because he thought, wait a minute, I have teachers who they want to go in and substitute way more than eight days per month, and why are they being held back?
00:29:34.720 --> 00:29:54.639
Well, we explained to him, hey, it has to do with the IRS, it has to do with definitely demonstrating that you are retired, that you have quit being a teacher full time, and so there has to be a demonstration for purposes of IRS, otherwise, you know, we could get in trouble.
00:29:54.639 --> 00:29:56.720
So he understood all that.