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By Otto Fajen
MNEA Legislative Director

NEW INCLEMENT WEATHER MAKE UP DAY BILL IN CONFERENCE
A new version of language to provide forgiveness for days missed due to inclement weather is now poised to pass the legislature. The legislature has already enacted special make up day forgiveness for the 2006-07 school year in House Committee Substitute/House Bill 678 (B.J. Marsh), but concerns over the language may cause the bill to be vetoed. The bill grants six days of snow day forgiveness this year for districts with eight or more cancelled days. The bill also exempts school districts in declared federal disaster areas based on inclement weather in January 2007 from making up days and time lost due to the inclement weather, regardless of how many other days were missed.

Similar language to H.B. 678 was added by the House to Senate Bill 376 (John Griesheimer) on April 19. A revised version will be considered in conference committee on April 26 when the Senate adjourns. This revised language offers blanket, statewide forgiveness from make up of any days missed during the period from January 11 to January 22, 2007. The bill also waives the two-thirds make up requirement for the school calendar for next school year. This revised language is likely to be adopted by the conference committee and taken up and passed by both chambers early next week. This revised language for S.B. 376 appears to be the language destined to be enacted and signed into law by the governor.

The broader question remains as to whether the legislature will adopt more comprehensive long term requirements regarding school calendars and make up days, such as in House Committee Substitute/Senate Committee Substitute/Senate Bill 64 (Jack Goodman). S.B. 64 has been passed by the House and will likely go to conference, where the more comprehensive school calendar provisions may be stripped out in order to ensure passage of the original school start date provision of the bill.

HOUSE BEGINS DEBATE ON PSRS/PEERS CHANGES IN OMNIBUS RETIREMENT BILL
The House took up House Committee Substitute/Senate Bill 406 on April 26, but laid the bill back on the Informal Calendar after about one hour of debate. The bill relates to the Missouri State Employees Retirement System and includes all the school retirement provisions voted out in HCS/S.B. 244 (Rob Mayer). The omnibus bill is an attempt to keep the 25 and Out and 31+ years benefit factors moving through the process. HCS/S.B. 406 includes a five-year extension for two key provisions of PSRS law: the “25 and Out” option and the enhanced 2.55 percent benefit factor for retirees with 31 years of service or more. Both provisions will expire on June 30, 2008 if not re-enacted prior to that date.

Missouri NEA strongly supports both of these provisions in the omnibus bill. A logical system for teacher retirement must take several factors into account. Teachers and other education employees who have 25 or more years in the profession should continue to have the option of retiring with a fair return for their years of service. At the same time, educators who choose to give more years of service, from 30 to 35 years, should be rewarded with higher levels of retirement benefits.

HCS/S.B. 406 includes an additional benefit for already retired members over age 75 by July 1, 2008, providing an additional $5/month per year of service for PSRS retirees and $3/month per year of service for PEERS retirees. Both benefits will extend for a five-year period. Also, the HCS includes an addition to limit increases in final average salary used for calculating PSRS retirement benefits to no more than ten percent, unless a member changes to a longer contract or reaches a higher level of educational attainment.

SENATE COMMITTEE HEARS “INTELLECTUAL DIVERSITY” MANDATE
The Senate Education Committee heard House Bill 213 (Jane Cunningham) on April 25. 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.” Sens. Scott Rupp and Norma Champion each distributed proposed Senate Committee Substitute versions of the bill, but the committee took no action to vote on the bill. A Senate Committee Substitute version will likely be debated and voted on in executive session next week.

Missouri NEA strongly 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. A mandate to promote “intellectual diversity” undermines the effort to hire the most qualified applicants for faculty positions, since it creates the expectation that hiring committees will pry into the personal lives and ideological viewpoints of applicants and give those factors weight in the hiring process. This undermines an institution’s pursuit of excellence and, instead, promotes controversy and politics in the hiring process.

SENATE MAY DEBATE “BACK DOOR” VOUCHER ATTEMPT
The Senate Judiciary Committee voted Senate Committee Substitute/House Joint Resolution 1 “do pass” on April 2 by a party line vote. The Joint Resolution, if passed by both chambers and approved by statewide vote, prohibits 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.” The HJR is an obvious attempt to avoid accountability for 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.

SENATE MAY TAKE UP ABCTE MANDATE
The Senate Education Committee voted Senate Committee Substitute/House Committee Substitute/House Bill 620 (Scott Muschany) “do pass” on April 11. The bill is likely to come up for debate soon on the Senate floor later in the session. Similar language is also contained in the House version of S.B. 64 (Jack Goodman). 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.

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 creates a four-year initial ABCTE certificate that actually leads directly to a permanent, career certificate. The bill’s 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.

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. Also, the Association 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.

Missouri NEA supports establishing state teaching standards, so 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.

SENATE COMMITTEE PASSES HOUSE PENSION TAX CUT BILL
The Senate Ways and Means Committee approved Senate Committee Substitute/House Committee Substitute/House Bill 444 et al. on April 24. As expected, the bill phases in a state income tax exemption for social security benefits received over the course of six years. This will result in a loss of about $25 million per year in state general revenues. Senate appropriations staff has calculated that even without passage of tax cuts the state budget will be spending down the balance at the rate of about $215 million per year. Missouri NEA continues to oppose HCS/H.B. 444, due to the generally regressive nature of the tax changes and the long-term harm the bill will due to adequacy of state revenues.

SENATE PASSES MOHELA BILL
The Senate gave final passage to Senate Substitute # 6 for Senate Committee Substitute/Senate Bill 389 (Gary Nodler) on April 25. S.B. 389 contains many provisions relating to higher education, including the Missouri Higher Education Loan Authority asset sale. The bill was perfected last week after the filibuster on the bill was broken by the rare tactical move known as moving the “previous question” or P.Q. When the filibuster was ended by force, the sponsor, Gary Nodler offered a new substitute that removed $46 million in funding for projects at institutions in the districts of the senators who continued the filibuster: Chuck Graham and Jolie Justus. Senate minority members have shown signs of seeking to stop passage of further legislation this session as several Consent Bills were blocked by delaying tactics on April 26.

The bill contains many provisions relating to higher education, but the most notable and controversial portion addresses the sale of loan assets of MOHELA and the use of such proceeds for capital projects at various public colleges and universities. The bill contains language that caps college tuition increases to the percentage increase in the Consumer Price Index unless a waiver is obtained from the Coordinating Board for Higher Education. Missouri NEA continues to have strong concerns regarding the impact of the tuition caps on the quality of programs and the effect of the MOHELA asset sale on the ability of that entity to fulfill its core mission of providing financial assistance to Missouri students.

SENATE ADOPTS LANGUAGE ON HIGHER EDUCATION SCHOLARSHIPS/GAMBLING LOSS LIMIT REPEAL, BUT BILL APPEARS DEAD
The Senate, again, debated S.B. 430 (Charlie Shields) on April 23-24 and, Senate Substitute #4 was finally approved after Sen. Shields increased the gambling boat tax increase from two percent to 4 ¼ percent. Sen. Shields was recognized to move for perfection, but chose to lay the bill on the Informal Calendar. While the filibuster is ended, the bill is apparently dead, since the higher increase in gambling boat taxes is opposed by the gambling boat industry, and the bill will likely not move forward during the remainder of the session.

S.B. 430 creates the Smart Start Scholarship Program. The program is a significant expansion of the approach of the A+ schools program to support two-year scholarship grants for graduating high school seniors. The scholarships would be supported by a separate funding source generated by repealing the $500 loss limits on riverboat gambling boats and enacting an additional one percent state assessment on gambling proceeds over $30 million per boat. Scholarships could be used at approved public and private institutions and proprietary schools in Missouri. Missouri NEA supports the concept of the bill to expand affordable access to higher education and increase educational attainment in Missouri.

SENATE COMPLETES FLOOR DEBATE ON HOUSE BUDGET BILLS
The Senate finished floor debate on House Budget bills, House Bills 1 to 13 (Allen Icet), on April 25. All of the bills were Third Read by the Senate this week and sent back to the House. The House moved to send H.B.s 1 to 5 to conference committee and then adjourned for the week. As of this writing, the Senate has yet to grant a conference on H.B.s 1 to 5. The budget bills will be sent to conference committee with about two weeks remaining before the constitutional deadline of May 11 for passage of this year’s budget. Senate minority members attempted to offer amendments to restore some cuts to health care and other services, but the amendments were defeated and the Senate passed the committee versions of the bills without protracted debate.

Funding for K-12 education, higher education and other services such as health care is already inadequate to meet the real needs of Missourians. Missouri NEA continues to advocate for comprehensive tax reform that will produce adequate revenues for public education and other vital services and allow adoption of a budget that truly meets the needs of Missouri’s citizens.

HOUSE PASSES SCHOOL START DATE (AND ABCTE) BILL
The House took up and passed House Committee Substitute/Senate Bill 64 (Jack Goodman) by a nearly party-line vote of 94-57. The original S.B. 64 requires a hearing before early school start dates may be scheduled. The HCS includes several other bills, including House Bill 620 (Scott Muschany), the American Board for Certification of Teacher Excellence mandate bill. Missouri NEA strongly opposes the HCS because of the ABCTE mandate language in the bill. The bill now returns to the Senate for further action and the bill will likely go to conference.

Several House Amendments were adopted on April 25:

1. H.A. 3 (Esther Haywood) allows districts to set the sixth birthday age admission date for first grade as late as October 31.
2. HSA 1/HA 4 (Ed Robb) makes a number of technical changes in the provisions relating to educational services for children placed by the state in residential care facilities.
3. H.A. 1/HSA 1/HA 4 (Brian Baker) allows students in provisional and unaccredited districts to enroll in the Missouri Virtual School and requires their district of residence to pay tuition.
4. HSA 1/HA 5 (Rebecca McClanahan) broadens the ABCTE language to include all “non-traditional” certifications that are approved by the State Board of Education.

The original bill requires a hearing before a school board may set an opening date more than ten days prior to Labor Day and provides an exemption to the make up days requirement based on inclement weather by increasing the length of the school day. The HCS adds forgiveness for days lost due to inclement weather closing that exempts days eight through 12 from make up requirement for the 2006-07 school year. For all years, the HCS also requires districts to build six make up days into the school calendar and then make up the first six days lost plus half of the days lost over six days.

HCS/SCS/S.B. 64 also adds the perfected version of H.B. 827 (Scott Muschany) relating to educational services for children placed by the state in residential care facilities and a revised version of H.B. 620 (Scott Muschany) to establish state mentoring standards and mandate an alternative certification using the ABCTE test. Missouri NEA strongly opposes this new, weaker, alternative certification mandate.

HOUSE ELEMENTARY AND SECONDARY EDUCATION
The committee met on April 24 and heard the following bills:

1. H.B. 1205 (Sam Page) authorizes an exemption from motor fuel tax on fuel used for school buses. The bill was later voted “do pass.”
2. H.B. 1219 (Rodney Schad) establishes that an education renewal commission be appointed when a school district with more than 10,000 students becomes unaccredited.
3. S.B. 132 (Scott Rupp) allows the state Board of Education to invest in government securities offered at a discount or at less than par value. The bill was later voted “do pass.”
4. S.B. 140 (Scott Rupp) allows school boards to identify a designee to bind the school district in a settlement agreement reached during the resolution session of a special education due process hearing. The bill was later voted “do pass.”

SENATE COMMITTEE TO HEAR RESIDENTIAL CARE EDUCATION BILL
The Senate Seniors, Families and Public Health Committee heard House Bill 827 (Scott Muschany) on April 23. The bill will be voted on in executive session next week. H.B. 827 requires the Department of Social Services to provide for the educational needs of children placed in licensed residential care facilities. The “family support team” established for each such child shall meet with school staff to make the determination as to the educational need of the child. Services may be provided by certified teachers employed by the facility with reimbursement from the school district or the school district in which the facility is located may provide services if the child can be served in a regular public school setting. The bill provides that the district may only determine the child to be “homebound” for the purpose of providing instruction if the family support team agrees to that designation.

Missouri NEA supports the assumption expressed in the bill that every child in public school deserves a full educational school day. The Association believes that representatives of residential care facilities and school staff should collaborate in decision-making regarding educational services and that school districts and residential facilities must be fully compensated for all services provided to such students.

The focus of remaining discussion on the bill has been whether staff of a residential care facility or school district staff will have control in the determination of the education services to be provided for such students. The bill specifies that the “family support team” and school district staff are expected to work together to create the educational plan for each such student.

URBAN EDUCATION ISSUES
The House Special Committee on Urban Education Reform met on April 24 to continue the hearing on House Bill 1272 (Talibdin El-Amin) to establish the Metropolitan School District Improvement Act regarding public schools in the City of St. Louis. This bill is very similar to Senate Bill 690 (Jeff Smith). The committee voted a House Committee Substitute version out “do pass” on April 26. The HCS removes provisions calling for breaking the St. Louis City district into subdistricts and language requiring a longer school year and school day for St. Louis Public Schools.

The bill includes many provisions, most of which are limited to apply only to St. Louis Public Schools. The provisions include “mega-looping,” differential pay for teachers, performance pay for improving schools, additional requirements for student assessments, teacher assessments, alternative education, early childhood education, school uniforms, after-school programs, and longer school day and longer school year. While the Association supports the positive portions of the bill, other provisions raise strong concerns, including the differential pay for teachers and the extra mandates on student assessment and teacher assessment.

SEX EDUCATION MANDATE PASSES HOUSE
The House gave final passage to House Bill 1055 (Therese Sander) on April 23. The bill includes various provisions relating to abortion services and alternatives to abortions and includes the provisions of Senate Bill 432 (Gary Nodler) to establish additional mandates on human sexuality instruction in public schools. Missouri NEA continues to oppose the additional mandates and restrictions on human sexuality instruction contained in the bill as unneeded restrictions on local control of curriculum and instruction.

HOUSE DEFEATS PREVAILING WAGE REPEAL
The House debated House Bill 61 (Marilyn Ruestman) on April 23 and defeated the bill by a vote of 58-94. The bill would exempt work done on a school in a noncharter county from the prevailing hourly wage requirement if approved by the school board. A broad coalition of labor organizations, including Missouri NEA, opposed this weakening of the prevailing wage law and was able to defeat the bill handily on the House floor.

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: HB1000) 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 continued this week. Nearly a dozen MNEA members from Governance District 10, including members from Ft. Zumwalt and Pattonville, 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