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SPECIAL EDUCATION FUNDING EYED BY SCHOOLS

TEACHER DESK        Nebraska schools are keeping a close eye on a state budget proposal for a 5% increase in funding for special education, a growing expense that has forced them to divert money away from other priorities.

School districts welcome the increase after years of flat-lined funding, but say the proposal still fails to cover the increased costs of federally mandated services for disabled students, as well as those with mental and behavioral health problems.

Nebraska reimburses about 50 cents for every dollar that local districts spend on special education, a rate that has declined since the 1970s.  Chase County superintendent Brad Schoeppey in Imperial says the increase isn’t where it needs to be, but “obviously, it’s better than nothing at all.”

Chase County Schools spend about $719,000 per year on special education, out of a $9 million budget. The money helps pay for contract services, including a teacher for a visually impaired student and speech therapists. The cost of those services has risen for the district of 588 students.

The Gordon-Rushville Public Schools have also struggled to cover the treatment costs for students with mental and behavioral health problems. Superintendent Merrell Nelsen says the district has to pay to drive students from Gordon to treatment centers in Scottsbluff – a 130-mile, one-way trip.

Nelsen says the district spent 11% of its $8.8 million budget on special-education services last year. The district has 720 students, and 15 percent qualify for special-needs services.

Nelson says that “at the end of the day, you have a responsibility to the kids. You have to do what’s right for them, and that is going to involve spending money.”

Special-education funding is a major part of the overall school-funding debate, but it’s particularly important for smaller schools.

The funding formula that distributes general aid to schools is based on land values and student enrollment, which favors larger, urban schools that have lower land values and larger student populations.

Smaller districts with valuable, taxable farm land and declining student numbers receive less – but special-education funding goes to all schools that have special-needs students.

Sen. Kate Sullivan, chairwoman of the Legislature’s Education Committee, hopes to advance a bill that gives districts more flexibility to grow their own budgets but says lawmakers will need to be cautious as they decide how much to spend in general state-aid to schools because the economy remains fragile.

Speaker of the Legislature Greg Adams, the previous Education Committee chairman, says schools have become more aggressive in seeking special education funding after cutbacks in other types of state aid and that the governor’s proposed increase “gives them a little relief.”

 

REGIONAL ECONOMY SLUGGISH, BUT STILL INCHING UPWARD

 

Dr Ernie Goss
Dr Ernie Goss

Creighton University’s January monthly survey of supply managers in 9 Mid-west and Plains states indicates the regional economy continues to grow…but not much.

Survey head and economist Ernie Goss says the survey’s overall index rose above the growth-neutral point of 50 for just the second time in the past 5 months to just a tepid 53.2. Goss says it continues a pattern reflecting a sluggish economy but not a recession.

There are recessions overseas, and Goss says that hurt exports from the region, with the new export orders index falling almost 5 points to 45.3. Manufacturing, in turn, slowed down…keeping the employment index just a fraction under 50.

The prices-paid index, which tracks inflation at the wholesale level through the cost of raw materials and supplies, jumped over 8 points to 71.8…which Goss says is enough to catch his attention, but not worry him too much yet.

The supply managers don’t seem that worried, either. They predicted their input prices to go up about 6% for the year…roughly what they said last July…and the confidence index…how they see the regional economy 6 month from now rose nearly 7 points to 56.6.

The Creighton survey offers numbers for each state as well as for the 9-state Mid-America region.

Nebraska’s overall index got above 50 for just the second time in 5 months, but just at 50.5 and with employment at 46.4. Goss puts most of the blame downturns for durable goods producers with the reduced exports.

South Dakota’s index was on the growth side for the second straight month…rising 1.6 points to 53.5 while employment came in at a positive 58.4. Goss predicts that growth will continue to be positive, but tepid, for the first half of the year.

 

DEADWOOD SHUTTLES

Deadwood shuttleDEADWOOD, S.D. (AP) — The Deadwood City Commission is delaying the enforcement of an ordinance that limits downtown public transportation to the city’s trolley and taxis for six months.

The Black Hills Pioneer reports that the ordinance would prohibit hotel and convention center properties from shuttling visitors to and from their hotels to other locations within the Deadwood city limits.

Deadwood Mayor Francis Toscana says the city will set up a task force to solve the issue.

Local taxi cab owners have questioned the ordinance and want to ensure that the hotel shuttle services are held to the same guidelines and restrictions they’re required to follow.

Deadwood City Commissioner Gary Todd said he’d like to see shuttles limited to those who hold convention center liquor licenses.

S.D. NATIONAL GUARD DEPLOYED FOR SECOND TIME

National GuardRAPID CITY, S.D. (AP) — A South Dakota National Guard unit is heading to Afghanistan for the second time.

Family and friends filled a high school gym in Rapid City Saturday to salute 124 soldiers of the Guard’s 235th Military Police Company. They will deploy to Fort Bliss in Texas before shipping off to Bagram Airfield in Afghanistan for nine months.

The unit will guard prisoners and patrol the perimeter of the base.

Governor Dennis Daugaard (DOO’-gahrd), the keynote speaker, thanked the soldiers for their service and the families for their support. He told the unit it’s important to communicate with family members while overseas “because they love you.”

Specialist Brandon Schwans tells the Rapid City Journal that the unit is looking forward to the mission and says they have “trained a lot for this.”

LT GOV SHEEHY RESIGNS IN EXTRA-MARITAL CELL PHONE SCANDAL

Rick Sheehy
Rick Sheehy

Nebraska Lt. Gov. Rick Sheehy resigned Saturday morning, effective immediately. Gov. Dave Heinman announced Sheehy’s resignation in a hastily called news conference Saturday morning.

Although Heineman said only that the resignation followed disclosures made in a public records request, multiple media outlets reported that it involved improper personal calls on his state-issued cell phone.

The Omaha World-Herald, which had filed the public records requests, says he used the phone to make about 2,000 late-night telephone calls to women other than his wife, Connie. She filed for a divorce last July after nearly 29 years, stating that the marriage was “irretrievably broken.”

One of the women who received the calls from Sheehy is  Bellevue emergency room doctor Dr Theresa Hatcher, who told The Associated Press they had a long-term relationship and that he’d told her they would marry one day.

Hatcher said she thought she “was the only one” for Sheehy, whom she’d met at an out-of-state  gathering of emergency responders in 2008.  The lieutenant governor heads the state’s emergency management efforts. His phone records show he talked to Hatcher on his state phone  367 times, mostly from 2009 through 2011.

The 53-year old Hatcher described driving to motels in towns Sheehy was visiting and long, sexually charged phone calls when he was on the road and unable to meet her.  She said Sheehy broke off their relationship in spring 2011, but that they went through several reconciliations and break-ups before ending things for good last June…a month before Sheeny’s wife made her divorce filing.

The governor told reporters at the news conference he became aware of “new information” about Sheehy’s “decisions” this week, had a conversation with him, and accepted his resignation Saturday morning.

“I have trusted him and that trust was broken,” he said.  “As public officials we’re held to a higher standard, rightly so. That trust was broken and he resigned.” Heineman called the situation one of the biggest disappointments in his life, saying that it left him with a knot in his stomach.

The governor’s office is investigating whether Sheehy will need to reimburse the state for the questioned phone calls, but Heineman said he “can’t imagine” that Attorney General Jon Bruning would decide to pursue that course.

Heineman says he plans to begin the search to replace Sheehy on Monday and plans to appoint a new lieutenant governor in the coming weeks. If something where to happen to Heineman before then, Speaker of the Legislature Greg Adams would become governor.

The 53-year-old Sheehy, a former Hastings mayor, was Heineman’s pick as Lt Governor in 2005 after Heineman left that post to become governor when Mike Johanns resigned to become Secretary of Agriculture for President George Bush.

He won election twice as Heineman’s running mate and was considered the overwhelming favorite to succeed him in next year’s governor’s race…earning his endorsement early last year. Heineman now says he would no longer support Sheehy if he continues his campaign.

Sheehy’s resignation and its obvious impact on the governor’s race drew a not-unexpected response from Nebraska Democratic Party Chairman Vince Powers.

Powers said it demonstrates that “when party has too much power for too long, corruption, arrogance and scandal occur.” He rhetorically asks “what other scandals are waiting to be uncovered?”, and predicts “the people of Nebraska will elect a Democrat as governor in 2014 to clean up the statehouse.”

MILLER, WESS RECOMMENDED FOR ALLIANCE JUDGESHIP

BBCO Courthouse     The 12th Judicial District Nominating Commission has sent the names of attorneys Larry Miller of Alliance and Paul Wess of Chadron to Governor Dave Heineman to fill the county judgeship left vacant by the retirement of Charles Plantz 13 months ago.

The 12th District covers the 11 Panhandle counties plus Grant County. The  governor can reject both names, but almost never does, and usually interviews those recommended either in person or by phone before making his choice.

Five attorneys had applied for the judgeship: Miller, Wess, Stacy Nossaman-Petitt of Scottsbluff, Audrey Elliot of Gering, and Mark Raffety of Omaha.

The Nominating Commission…4 attorneys and 4 lay members, all from the Panhandle…made its recommendation in Alliance following a public hearing Friday morning at which the applicants were able to make their cases and answer questions from the panelists.

Each was given 10-minutes for their presentations, including any supporting or opposing comments from the public, but the only member of the public to speak was Alliance attorney James Moravic, who supported Miller.

The applicants were called based on the order of their applications being received, with Larry Miller going first. He discussed his 28 years as an attorney…which include both partnerships and a long stint as the fulltime Alliance city attorney…his family, and his long residency in Alliance…where the judgeship will be.

Moravic praised Miller’s work as attorney…both for the roughly 7 years they’d been in partnership before Miller went to work for the city and while he was city attorney. Moravic said Miller had a “very strong moral compass.’

Audrey Elliot…the youngest of the 5 and less than 7 years out of law school…said considered herself very experienced in multiple phases of the law despite her age thanks to her years in the Scotts Bluff County Attorney’s office and as the part-time city attorney for Lyman.

Mark Raffety told the commission he’d become very familiar with and fell in love with the Panhandle and Sandhills while spending several years representing the Nebraska Department of Roads in condemnation cases as part of the Attorney General’s office. An attorney for 22 years, Raffety said he also had extensive experience in criminal, juvenile, and probate cases.

Paul Wess cited the experience he’s gain in criminal, juvenile, and Indian Child Welfare Act cases during what is now his third term as Dawes County Public Defender and as a contract public defender in Sheridan County.

Wess said the court system can and should make greater use of technology…a priority in recent years of State Chief Justice Mike Heavican. Asked if he would move to Alliance if appointed, Wess said not unless obviously necessary for the smooth functioning of the system, explaining that he lives about a third of the way between Chadron and Alliance

Stacy Nossaman-Petitt said she also would not move to Alliance right away if named judge unless necessary because of the disruption it would cause for her 11-year old daughter.

Nossaman-Petitt 20 years of legal experience covers not only criminal and juvenile cases, but also bankruptcy law. She’s been the federal Chapter 7 bankruptcy trustee for the region since 1999, and she told the Nominating Commission she felt that experience has helped her prepare for a seat on the bench.

Nebraska Judicial Resources Commission did not decide to fill the 12th District seat for nearly a full year after Plantz retired, putting off a decision while considering a proposal to move the judgeship to the juvenile court in Omaha and shift Sheridan and Grant counties into the 8th Judicial District.

A 4-month trial of having a judge from Valentine come to Sheridan County to hold court once a week was deemed an overwhelming failure by all involved, leading a divided commission in early December to officially declare the seat should remain in the 12th District and be filled.

 

PROSECUTOR MAY SEEK DEATH PENALTY IN SIDNEY MURDER

Larry Martinez
Larry Martinez

Cheyenne County District Judge Derek Weimer says prosecutors can file amended 1st-degree murder charges against a Sidney man that would qualify him for the death penalty if convicted

53 year old Larry Martinez of Sidney is accused in the shooting death last July 15th of 30-year-old Mandy Kershman, also of Sidney.

Weimer’s ruling allows Cheyenne County Attorney Paul Schaub to add a “notice of aggravation” to the murder charge that would allow the jury and a 3-judge panel…if Martinez is convicted…to determine if the death penalty should be applied.

Nebraska law includes a list of aggravating circumstances that can qualify a murder conviction for death. The one included by Schaub in his new filing against Martinez is a “substantial prior history of serious assaultive or terrorizing criminal activity including a previous conviction.”

Martinez is accused of confronting Kershman in a Sidney home, then shooting her because he was mad about a text message she’d reportedly sent him. He will be arraigned on the revised murder charge next Thursday. He’s also charged with felony use of a firearm.

 

RAPID CITY HOMICIDE

Police lightsRAPID CITY, S.D. (AP) — A man accused in a fatal shooting in a Rapid City motel parking lot has been formally indicted.

Thirty-year-old Charles Birdshead faces several charges including manslaughter in the January 7th death of Eustacio Marrufo, which authorities say happened during a botched drug deal.

Birdshead also faces a rape charge involving a child, after police said they uncovered evidence during their investigation.

Birdshead is being held without bond. A date has not been set for him to enter pleas.

EMINENT DOMAIN BILL HEARING DRAWS BIG CROWD

Capitol-1    Farmers and ranchers from across Nebraska braved snow-packed roads and interstate closings to testify Wednesday before the Unicameral’s Judiciary Committee on a bill to tighten the state’s eminent domain laws.

Most of the packed audience and witnesses supported the bill as a way to protect unwilling landowners from having their land taken for the Keystone XL oil pipeline.

Repeated stories were heard about strong-arm and scare tactics by pipeline developer TransCanada over the past couple years to get landowners to sign easements for the pipeline…even though the company still doesn’t have the state and federal permits needed for the project.

The bill being discussed…LB-152…requires those permits to be approved before any company could start or even threaten to start eminent domain proceedings. It also allows landowners to sue for damages and attorney fees if companies violate that or other restrictions.

Nebraska Farmers Union President John Hansen said he’s never seen such an outpouring of concern from farmers in his 22 years as head of the group, calling it “appalling” the way landowners have been squeezed and coerced by TransCanada.

A lawyer for TransCanada testified againt the bill, saying the company works hard to have good landowner relations and that the bill would actually make the eminent domain process worse for everyone by compressing the time frame and the time available to educate landowners about the process and projects.

Representatives of cities, public utilities, railroads, and road contractors also testified against it…saying the bill would could increase their costs and delay projects. A BNSF Railway lobbyist said the railroad has used condemnation only once in 10 years in Nebraska.

 

NEBRASKANS TO BE FEATURED ON SAUERKRAUT LABELS

Frank's      A retired Nebraska National Guard IT manager from Lincoln and a Milford father and his 2 young sons will be featured this spring on the labels of cans of Frank’s sauerkraut.

60-year old Mike Marlar and Jeremy, Jonathan, and Connor Kohout were picked in Frank’s “Search for Sweetness” campaign in Nebraska and Iowa…which had people send in photos of them posing with a can of sauerkraut.

Company marketing manager Katie Smith says the idea was to see how Frank’s sauerkraut makes life sweet and how it connects to the everyday lifestyles of consumers.

Marlar…whose label has him posing like Popeye with a can of Frank’s on his bicep…says the contest was fun and that he grew up eating Frank’s, preferring it over just about every other kind of sauerkraut he’s ever tried.

Kohout posed balancing a can on an accordion and his sons..ages 3 and 6…playing a set of drums in the background. He says he really does love Frank’s , especially with his Czech heritage, but is getting his head wrapped around the idea of his face being on the can.

The Marlar and Kohouts labels are being printed next week, and Smith says cans featuring their pictures should hit shelves in early April.

 

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