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By Otto Fajen
MNEA Legislative Director

April 12, 2007
Number 14

 

“BACK DOOR” VOUCHER ATTEMPT—CALL NOW
The Senate Judiciary Committee voted Senate Committee Substitute/House Joint Resolution 1 (Jane Cunningham) “do pass” on April 2 by a party line vote. The joint resolution, if passed by both chambers and approved by statewide vote, would prohibit a state court from instructing or ordering the state legislature or any local government to levy or increase taxes. The amendment states that “the appropriation of state revenues is the exclusive province of the elected members of the general assembly.” This latter language represents a back door attempt to allow diversion of public funds to private and religious schools through vouchers or other payments.

State and federal law already holds school districts, teachers and other school personnel accountable for closing achievement gaps and improving student performance, but the legislature also has a responsibility to provide adequate revenues so that teachers and other school personnel have the tools and resources to get the job done. The HJR is an obvious attempt to avoid accountability for the failure to meet the constitutional demand to adequately and equitably appropriate funds for public education. Also, the resolution is an attempt to allow private school vouchers by indirectly repealing constitutional prohibitions on spending public funds on private schools. Missouri NEA strongly opposes HJR 1.

Missouri clearly suffers from a failed tax and revenue policy. By continuing to pursue a strong, anti-tax policy, Missouri lacks the resources to make the public investment Missourians expect and which the Constitution demands. This policy, as evidenced by the many tax cut bills passed by or under consideration in the House, will permanently cripple the funding of K-12 and higher education, health care and other state-supported services and sentence Missouri to permanent, bottom-tier status in the nation.

HJR 1 would undermine the fundamental balance of governmental powers and leave the people of Missouri with no legal recourse to hold the legislature accountable for failure to live up to its Constitutional obligations. Moreover, the HJR seeks to provide a “back door” for school vouchers by removing accountability of the legislature to abide by constitutional limitations on appropriation of public funds to private schools.

Action needed:
If you haven’t already done so, please call, write or e-mail to urge your state senator to oppose HJR 1, the “back door” voucher proposal. The following link will connect you to the MNEA Legislative Action Center Action Alert on HJR 1. The action alert contains a brief summary and an editable message box to help you send an e-mail to your state senator on the issue.
http://www3.capwiz.com/nea/mo/issues/alert/?alertid=9597156&type=ST&show_alert=1

ABCTE MANDATE: HOUSE BILL PASSES SENATE COMMITTEE
The Senate Education Committee voted Senate Committee Substitute/House Committee Substitute/House Bill 620 (Scott Muschany) “do pass” on April 11. The bill requires the State Board of Education to create another alternative teacher certification based on certification by the American Board for Certification of Teacher Excellence and to establish mentoring standards for beginning teachers and principals. Sens. Maida Coleman, Chuck Graham and Yvonne Wilson are to be commended for seeing this bill for what it is and voting against passage, but their leadership was not enough to stop the bill from passing the committee. The bill is likely to come up for debate on the Senate floor later in the session.

Perhaps the most glaring flaw with the bill is that it is more of a replacement for the current certificate than an alternative. The SCS creates a four-year initial ABCTE certificate that actually leads directly to a permanent, career certificate. Since the requirements are basically a four-year degree, the two, multiple choice ABCTE tests and a background check, with no requirement to ever pass the Praxis II or take any college course work in any teaching competencies, the bill creates a far less rigorous certification route that seems certain to largely replace the current one, but at a terrible price in terms of teacher preparation and ultimately in student achievement. The SCS was amended in committee by Sen. Maida Coleman to exclude certification areas of elementary education, early childhood, early childhood special education, blind and visually impaired and deaf and hearing impaired.

Missouri NEA opposes creation of another alternative certification program that lacks adequate requirements to ensure that those teachers are properly trained in essential teaching competencies before achieving full certification. Missouri NEA continues to recommend that any alternative certification should be probationary and lead to an initial professional certificate. The Association also recommends that all alternatively certified teachers should have to pass the Praxis II exam and complete a course of study that covers all key teaching competencies before being given a full teaching certificate.

Also, Missouri NEA supports establishing state teaching standards, so that state policy is clear on what teachers are supposed to know and be able to do, how those standards will be assessed, and how mentoring, beginning teacher assistance programs and other professional development will help teachers meet those teaching standards.

Action needed:
Please call, write or e-mail to urge your state senator to oppose SCS/HCS/H.B. 620, the ABCTE mandate bill. The following link will connect you to the MNEA Legislative Action Center Action Alert on SCS/HCS/H.B. 620. The action alert contains a brief summary and an editable message box to help you send an e-mail to your state senator on the issue.
http://www3.capwiz.com/nea/mo/issues/alert/?alertid=9597241&type=ST

HOUSE PASSES “INTELLECTUAL DIVERSITY” MANDATE
Rumors that the House would take up the open enrollment bill, House Committee Substitute/House Bills 807 and 690 (Brian Baker), did not materialize on April 11. However, the House did debate H.B. 213 (Jane Cunningham) and gave the bill first round approval on April 11 on a voice vote. The bill defines “intellectual diversity” for reporting purposes at public higher education institutions. This bill adds a dozen state-level mandates regarding bureaucratic requirements for addressing “intellectual diversity.” The House passed the bill on April 12 by a nearly party-line vote of 97-50.

Missouri NEA opposes this additional layer of bureaucracy and unneeded intrusion on local control of our public higher education institutions. The Association also opposes this rigid mandate to promote “intellectual diversity” and undermine the cardinal value of academe: the pursuit of truth. This proposal is akin to state mandates for “intelligent design” in science instruction, where the proposals mandate presentation of “diverse” views on all subjects, even those where the pursuit of truth has led to the practical certainty of answers to particular academic questions. These mandates do not serve an academic purpose; rather, they serve a political agenda to promote controversy at all costs and the politicization of educational programs.

Rep. Cunningham offered House Amendment 1 which provides that campus study on intellectual diversity shall include diversity-related criteria used in admissions, scholarship awards and hiring. Rep. Jonas Hughes amended H.A. 1 to require that the criteria shall include racial and gender diversity, and H.A. 1, as amended, was adopted. Rep. Mike Talboy offered H.A. 2 to ensure that “intellectual diversity concerns” in guidelines on teaching and program development shall include protection of religious freedom. Rep. Belinda Harris amended H.A. 2 to include “the viewpoint that the Bible is inerrant.” H.A. 2, as amended, was adopted. The bill has clearly become even more intrusive, heavy-handed and onerous based on these amendments. The bill could be taken up for final passage on April 12 but, as of this writing, the bill has not been taken up. Missouri NEA strongly opposes this harmful mandate.

HOUSE STUDENT ACHIEVEMENT COMMITTEE
The House Special Committee on Student Achievement met on April 11 and heard Senate Substitute
#2/Senate Committee Substitute/Senate Bill 161 (Charlie Shields) which creates a quality rating system for child care facilities. Missouri NEA supports the original bill as an important step in supporting improved early child care that focuses on instructional readiness for children. Universal access to quality early child care will help close early achievement gaps or keep them from forming in the first place.

This is the time of the session when bills from one chamber are being loaded up in committee in the other chamber as “omnibus” bills with many unrelated provisions within the overall subject area of the committee, and S.B. 161 fell victim to just such a mugging. The committee voted out a House Committee Substitute that contains language from: H.B. 824 (emergency procedures), H.B. 620 (ABCTE mandate and mentoring), H.B. 861 (remedial college course reimbursement mandate on school districts), HCS/H.B.s 807 & 690 (open enrollment), H.B. 35 (parental consent mandate on extracurricular activities), H.B. 827 (state reimbursement for education of children placed by the state in residential care facilities), H.B. 425 (allows transportation of private school students in public school buses), H.B. 1161 (allows termination of teachers involved in a strike), H.B. 771 (mandated report of administrator compensation) and authority for the St. Louis City mayor to sponsor charter schools. Missouri NEA strongly opposes the HCS version of the bill.

Meanwhile, the HCS guts the original bill by limiting the application solely to early childhood and before and after school programs operated by school districts and removing the evaluation of all other licensed child care facilities.

SENATE EDUCATION COMMITTEE
The Senate Education Committee met on April 11 and heard the following bills:

  1. House Bill 265 (Jane Cunningham) expands the five-business-day notice requirement for special education due process hearings to expedited due process hearings. The bill was voted “do pass” as a Consent Bill.
  2. House Bill 267 (Kenny Jones) gives the local board of education authority to identify a designee to bind the school district in a settlement agreement reached during the resolution session regarding a special education placement. The bill was voted “do pass” as a Consent Bill.
  3. Senate Bill 692 (Luann Ridgeway) allows charter schools to be established in any school district that is not a K-8 district, has an enrollment of at least 2000 students and has been provisionally accredited for any period of three consecutive years since July 1, 1999. A charter school in such a district may be sponsored by any public four-year college or university. The bill also allows a private four-year college or university with an approved teacher education program and an enrollment of at least 1000 located in the Kansas City school district to sponsor a charter school. The MNEA opposes expansion of authority for charter schools statewide so long as the law pertaining to charter schools fails to satisfy the requirements of MNEA’s platform, including limiting sponsorship of charter schools to local school district boards.
  4. S.B. 663 (Frank Barnitz) requires the State Board of Education to promulgate a rule to allow spouses of military members who are certified as a teacher in another state to receive a provisional teacher's license until such time as they pass a Missouri background check.
  5. S.B. 625 (Maida Coleman) increases the “at-risk” pupil weight multiplier for state formula aid from 25 percent to 150 percent. Missouri NEA supports the bill as a significant effort to improve adequacy and equity of state education funding. Also, the bill would undo some of the funding loss created under the new S.B. 287 formula for districts educating a high fraction of students living in poverty. The bill will have a significant fiscal note, probably over $1 billion annually, when the formula is fully phased in.
  6. S.B. 645 (Yvonne Wilson) modifies the length of the school term for the 2006-2007 school year by allowing a district to meet the minimum term requirement with either 174 days of instruction or 1044 total hours of attendance. The bill is intended to allow districts affected by significant inclement weather closings to make up instructional time by extending the length of the remaining school days.
  7. S.B. 646 (Yvonne Wilson) modifies the definition of "bullying" in a public school's "anti-bullying" policy to include cyberbullying. Missouri NEA supports the bill.

The committee also voted out SCS/HCS/H.B. 469 ( Maynard Wallace) that makes various changes regarding school safety and employee liability. The SCS makes only minor changes in the wording of the House version of the bill and does not broaden the scope of the bill. Missouri NEA supports the bill.

The committee voted out SCS/S.B. 436 (Scott Rupp) that removes the controversial portion attempting to reinstate a private placement preference for early childhood education and leaves in two pilot programs on improving coordination of early childhood service delivery.

HOUSE HIGHER EDUCATION
The House Higher Education Committee met on April 12 to hear Senate Bill 135 (Gary Nodler). The bill allows the Missouri Higher Education Loan Authority to provide primary school loans, including loans for remedial, developmental or test preparation courses. Also, the bill allows MOHELA to establish any research or financial aid programs to improve students' access or completion of a higher education degree or certificate. The committee then voted the bill out “do pass” on a party line vote.

FINDING INFORMATION ABOUT BILLS
To find out more about legislation this session, go to: http://www.mnea.org/capitol/legissues.htm.

This page contains numerous links, including the NEA Legislative Action Center, which addresses key education issues at the federal level, and the Missouri NEA Legislative Action Center, which will address key education issues at the state level. This page also will contain links to legislative updates, the MNEA Legislative Platform, legislative priorities and other policy-related links.

To find information about a specific bill currently pending before the Missouri General Assembly, go to:
http://www.house.mo.gov/jointsearch/.

Type the bill number (example: H.B.1000) or sponsor name in the “search” box to find a link to the bill. This link will take you to a “home page” for the bill that provides bill text, bill summaries, fiscal notes and information on legislative action on the bill.

CAPITOL ACTION DAYS
MNEA’s Capitol Action Days returned this week on April 11. MNEA members from Governance Districts 6 and 9 made the trip to the Capitol. Capitol Action Days are a great chance to meet with legislators and discuss Missouri NEA’s priority issues and how to support great public schools for every child.

Capitol Action Days will be on Tuesdays and Wednesdays continuing through the first week of May. Your MNEA calendar includes the dates that members of the MNEA Board of Directors selected for your governance district.

As your Capitol Action Day approaches, please contact Otto Fajen (otto.fajen@mnea.org) by the preceding evening to confirm your plan to attend. If your travel plans change and you are not able to attend on your designated day, please call and speak to Judy Glover at 1-800-392-0236 by no later than 9:00 a.m. of the designated day to let us know of the change. Feel free to contact Otto Fajen by e-mail to arrange to attend a different Capitol Action Day.

Each Capitol Action Day will start with a briefing at 10:00 a.m. to provide you with the most up-to-date information. Participants should meet MNEA Government Relations staff at the Capitol on the second floor near the rotunda in the Senate side alcove under the grand staircase.

Legislative Update 2007
Missouri National Education Association
1810 East Elm Street
Jefferson City, MO 65101-4174
(573) 634-3202 or (800) 392-0236

Greg Jung, President
Ben Simmons, Executive Director
DeeAnn Aull, Director of Programs and Public Relations
Leila Medley, Political Director
Otto Fajen, Legislative Director
Judy Glover, Secretary

 

 

 

 

 

 

 

 

 

 

 

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