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By Otto Fajen
MNEA Legislative Director

SENATE COMMITTEE PASSES “BACK DOOR” VOUCHER ATTEMPT
It appears that the voucher fight is not over. Now they want to use confusing language to send it to a vote of the people. The Senate Judiciary Committee voted SCS/HJR 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. The resolution is also 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 now 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.

ABCTE MANDATE BILL ON SENATE CALENDAR
The Senate Education Committee voted SCS/SB 480 (Luann Ridgeway) Do Pass on March 7, and the bill is on the Informal Calendar and could be taken up at any time. SB 480 requires the State Board of Education to create another alternative teacher certification based upon certification by the American Board for Certification of Teacher Excellence (ABCTE) and to establish mentoring standards for beginning teachers and principals.

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 elementary and early childhood certifications be excluded from any alternate certification and 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 also 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.

HOUSE COMMITTEE LOADS PSRS/PEERS CHANGES ONTO OMNIBUS RETIREMENT BILL
The House Special Committee on Retirement reconsidered its vote on HCS/SB 406 relating to the Missouri State Employees Retirement System (MOSERS) and added all the school retirement provisions voted out last week in the HCS/SB 244 (Rob Mayer) on March 29. The omnibus bill is an attempt to keep the “25-and-Out” and 31+ years benefit factors moving through the process. The HCS/SB 406 includes a five-year extension for two key provisions of PSRS law: the “25-and-Out” option and the enhanced 2.55% 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.

The HCS/SB 406 also includes an additional benefit for already retired members over age 75 by July 1, 2008, providing an additional $5 per month per year of service for PSRS retirees and $3 per month per year of service for PEERS retirees. Both benefits will extend for a five year period. The HCS also includes additional language 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.

HOUSE BUDGET COMMITTEE HEARS, PASSES “TABOR”
The House Budget Committee heard HJR 20 (Carl Bearden) on April 3. HJR 20 is a constitutional spending limit similar to the Colorado provision known as “TABOR”, or the so-called “Taxpayer Bill of Rights.” The HJR would impose a permanent, constitutional spending limit on state government and would limit annual growth in state appropriations to a cost of living adjustment factor plus a population growth factor. After the hearing, the committee voted an HCS version Do Pass. The HCS would also permanently reduce state income tax rates if the spending limits cause excess revenues to accumulate in the reserve funds established by the resolution.

Missouri NEA strongly opposes this unneeded restriction. Legislators should be able to construct a consensus revenue estimate and appropriate according to that estimate. HJR 20’s limit would cause Missouri government to shrink year after year relative to the size of the overall economy. This measure will permanently diminish the state’s capacity to provide appropriate levels of public service and will ultimately make the state a less desirable place to live and reduce the state’s ability to attract desirable employers.

This bill got out of committee last year, but Senate leaders have shown little interest in moving the TABOR issue so far this session.

WATCH FOR FALLING REVENUES:
SENATE COMMITTEE HEARS REPEAL OF CORPORATE FRANCHISE TAX
The Senate Ways and Means Committee heard HB 458 (Mike Sutherland) on April 2. The bill would eliminate the corporate franchise tax over a five-year period. Missouri NEA opposes HB 458 because the bill will significantly reduce state General Revenue (GR). The Association also believes that corporations, like individuals, benefit from public services and public investment in Missouri and that corporations should be expected to contribute, based upon their ability to pay, to support those services. Estimates of corporate franchise tax have become less clear due to weakened state reporting requirements that allow some mixing of reporting of corporate franchise and income taxes, but the fiscal note indicates a net loss of over $100 million per year for the fifth year and thereafter. This GR cut will force the state to reduce investment in education and other vital public services.

SENATE APPROPRIATIONS BEGINS WORK ON HOUSE BUDGET BILLS
The Senate Appropriations Committee began working this week on the House Budget bills, HBs 1 to 13 (Allen Icet), the operating budget bills for the state. HB 2, the K-12 appropriations bill, has a few differences from the Governor’s recommendations, including a $5 million increase for transportation and a $2.6 million increase to the virtual school funding.

The Senate Appropriations Committee generally does a responsible job of evaluating expected revenues and expenditures and allocating available revenues among the various state agencies and programs. However, the committee is constrained by an overall lack of revenue. 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 COMMITTEE HEARS, PASSES SCHOOL VISION SCREENING BILL
The House Special Committee on Professional Registration and Licensing heard SCS/SB 16 (Delbert Scott) on April 5, and later voted the bill Do Pass. The bill requires that each child enrolled in kindergarten or first grade shall receive a comprehensive vision examination. Missouri NEA opposes the bill. The Association supports the objective of ensuring that all students have a vision screening and all vision problems are diagnosed and treated as early as possible. The bill still allows parents to “opt” their students out of the vision exam. A concern remains that needy children may be opted out and remain unserved and thus struggle in school with impaired vision while school staff are busy dealing with paperwork to ensure that other students have had the eye exams. Proper vision correction is essential to learning to read and ultimately to school success. Testimony indicated that the current vision screenings work well but could benefit from further investment in training and education. The Association believes the state should invest funds to ensure that all beginning students are in school and ready to learn and that needy students get the vision exams and eyeglasses they need to see properly in school and learn to read. The bill’s fiscal note indicates that about $500,000 would cover the uninsured costs of the comprehensive vision exams.

STUDENT ACHIEVEMENT LOADS ABCTE ONTO SCHOOL START DATE BILL
The House Special Committee on Student Achievement met on April 4, and heard the following bills:

1. HB 623 (Sally Faith) to eliminate all sunset provisions relating to early intervention services, known as the First Steps Program. The bill was voted out Do Pass.

2. SCS SB 64 (Jack Goodman) to require a hearing before a school board to establish an opening date more than ten days prior to Labor Day and provide for exemption of the make-up days requirement based on inclement weather by increasing the length of the school day. The committee later voted out an HCS that includes forgiveness for days lost due to inclement weather closing that exempts days eight through twelve from makeup 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.
   
   The HCS/SCS/SB 64 also adds the perfected version of HB 827 (Scott Muschany) relating to educational services for children placed by the state in residential care facilities and a revised version of HB 620 (Scott Muschany) to establish state mentoring standards and to mandate an alternative certification using the ABCTE test. The HCS clarifies that the ABCTE certificate will last for four years and serve as a substitute for an initial professional certificate. This is yet another problematic feature of the bill, since it creates a parallel certification route that leads to a career professional certificate within four years without ever requiring a candidate to either pass the Praxis II exam or complete any course work on any of the core teaching competencies required either in a regular teacher education program or the existing alternative certification program. Missouri NEA strongly opposes this new, weaker, alternative certification mandate.

3. SB 236 (Charlie Shields) to require the Department of Elementary and Secondary Education to develop standards for high-quality mentoring for beginning teachers and principals. Missouri NEA supports establishing both mentoring standards and teaching standards in law.

SENATE EDUCATION COMMITTEE
The Senate Education Committee met on April 4, and heard the following bills:

1. HB 70 (David Day) to exempt high school students transferring into the state from passing certain government and constitution courses if they document completion of similar requirements in another state. The bill was heard as a Consent bill.
2. HB 264 (Jane Cunningham) to allow the state Board of Education to invest in government securities offered at a discount or at less than par value. The committee voted the bill Do Pass as a Consent bill.
3. HB 489 (Brian Baker) to require school districts to identify gifted students and allow the establishment of gifted programs. The bill was heard as a Consent bill. Missouri NEA supports the bill.
4. HB 678 (B.J. Marsh) to exempt 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. The committee voted the bill Do Pass as a Consent bill.
5. HB 469 (Maynard Wallace) to extend employee immunity to all school board policies, not just the discipline policy. The bill also broadens the reporting of acts of school violence under the Safe Schools Act and allows school boards to commission certified law enforcement officers for local violations and certain crimes committed on school premises, at school activities, or on buses. Missouri NEA supports the bill.
6. HB 620 (Scott Muschany) to require the State Board of Education to create another alternative teacher certification based upon certification by the American Board for Certification of Teacher Excellence (ABCTE) and to establish mentoring standards for beginning teachers and principals. 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.
7. SB 619 (Scott Rupp) to allow political corporations to enter into certain financial agreements.

SENATE COMMITTEE PASSES BILL ON ST. LOUIS PUBLIC SCHOOLS
The Senate Education Committee voted out a SCS/SB 652 (Maida Coleman) on April 4. The SCS expands the bill to include a number of provisions related to St. Louis Public Schools, including:

1. requiring that the State Board promptly classify a district as unaccredited when test scores warrant it, rather than waiting for the next MSIP cycle review,
2. creating a “transitional school district” for every district declared unaccredited,
3. allowing SLPS to have a longer school day,
4. allowing the SLPS school board to appoint one of the three members to the “transitional school board,” rather than the President of the Board of Aldermen.
5. eliminating the “transitional school district” when SLPS becomes accredited,
6. revising the provisions on “lapsed” school districts,
7. creating a pilot program on “mega-looping” in SLPS,
8. requiring student assessment every six weeks in SLPS,
9. requiring alternative schools in SLPS to serve students with chronic truancy and behavioral problems,
10. raising the compulsory attendance age to 17 years, and
11. giving the Joint Committee on Education the task of studying the issues regarding education service delivery in unaccredited districts.

HOUSE ELEMENTARY AND SECONDARY EDUCATION
The House Elementary and Secondary Education Committee met on April 4, and heard HCR 49 (Charles Portwood). The resolution encourages the current St. Louis Public Schools Board of Education and any members-elect to ensure a smooth transition of authority to the Transitional School Board scheduled to assume control of the district in July. The HCR was voted Do Pass.

HOUSE PERFECTS RESIDENTIAL CARE EDUCATION BILL
The House perfected HB 827 (Scott Muschany) on April 2. HB 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. Rep. Maynard Wallace offered HSA 1/HA 1 to specify that school district staff will be in charge of determining educational services. The amendment was defeated on a voice vote. The House then adopted HA 2 (Joe Aull) to specify that the “family support team” and school district staff are expected to work together to create the educational plan for each such student. Missouri NEA supported Rep. Aull’s amendment. The bill will likely be taken up for final passage by the House later this week.

SENATE COMMITTEE HEARS HPV IMMUNIZATION BILL
The Senate Seniors, Families and Public Health Committee heard SB 514 (Jolie Justus) on April 3. The bill requires female public school students enrolling in sixth grade to receive an immunization for the human papilloma virus (HPV). The Department of Health and Senior Services shall prescribe procedures for each school district to provide information to parents or guardians of female students regarding the connection between HPV and cervical cancer. Parents are allowed to “opt out” of the immunization requirement for medical or religious reasons. The bill requires health insurance companies to provide coverage for HPV immunizations for females between the ages of 11 and 21. Missouri NEA supports the bill as a common sense precaution to help all students come to school healthy and ready to learn.

HOUSE HIGHER EDUCATION
The House Higher Education Committee heard HB 438 (Rachel Storch) on April 3. The bill establishes the Twenty-first Century Scholars Program. Similar to the Taylor Plan established in Louisiana, the bill seeks to guarantee funding for college education will be available to any at-risk eighth grade student who makes a commitment to work diligently in school, graduate from high school and not use illegal drugs or engage in other criminal activity. Missouri NEA supports the concept of the bill to expand affordable access to higher education and increase educational attainment of at-risk youth in Missouri.

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 returned this week. MNEA members from Governance District 3 and other areas of the state 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 email 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