By Otto Fajen
MNEA Legislative Director

Jan. 31, 2008
Number 4

 

PROPERTY TAX ROLLBACKS
The Senate Ways and Means Committee heard Senate Bill 711 (Michael Gibbons) on Jan. 28. The bill seeks to force school districts and other local governments to roll their tax rate back, upon reassessment, against the current tax rate, even if the district has previously approved a higher tax rate that is often called a “tax rate ceiling.” The change will limit growth in local revenues when reassessment causes significant increases in property values and districts maintain their prior tax rate, causing tax bills to rise by the amount of the valuation increase.

Local school property taxes are the largest single source of funding for Missouri's public schools, and any proposal that affects the setting of tax rates and the collection of property taxes will have a significant impact on public schools. The reassessment process is a crude approximation to determining the true property value of each property which generally increases incrementally every year, just like the cost to educate a child. Missouri NEA will strive to ensure that any such legislation will allow school districts to maintain adequate and stable revenues from property taxes.

QUALITY RATING SYSTEM FOR EARLY CHILD CARE
The House Special Committee on Family Services heard House Bill 1524 (Ward Franz) on Jan. 30. H.B. 1524 would create a quality rating system for early child care facilities. Missouri NEA strongly supports this effort to evaluate programs and provide parents with information that will improve the quality of early child care and education programs across the state.

The Senate Education Committee adopted a Senate Committee Substitute for Senate Bill 726 (Charlie Shields) and voted the bill “do pass” on Jan. 30. Sen. Shields offered the proposed SCS and noted that one change was to make sure that the legislature would have to pass a resolution to approve any proposed schedule of reimbursement based on a facility's rating, before that reimbursement schedule would become effective. Sen. Rita Days offered an amendment to increase the income eligibility threshold for state child care subsidy, in an effort to increase access to quality child care for low income parents. The amendment was adopted and incorporated in the SCS approved by the committee. Missouri NEA strongly supports both the rating system and the eligibility increase for child care subsidy as important efforts to improve the quality of early child care and promote more universal access to quality early child care.

STANDARDS FOR PETITION CIRCULATORS
The Senate Financial, Governmental Organizations and Elections Committee heard the following Senate Bills proposing to enact additional standards for petition circulators: S.B. 909 (Kevin Engler), S.B. 934 (Tom Dempsey), S.B. 954 (Delbert Scott). The bills prohibit paying signature gatherers by the signature, a practice that has been shown to lead to fraudulent practices. S.B. 909 also requires signature collectors to be United States citizens and Missouri residents and to register with the Secretary of State prior to collecting signatures, rather than afterwards. The committee also heard S.B. 798 (Joan Bray) which increases penalties for signing false names on petitions.

Missouri NEA supports all of these efforts to reduce fraud in the signature-gathering process for initiative petitions. These efforts will help make sure that the initiative process is truly reflective of issues of concern to Missourians and not merely issues of concern to well-heeled, out-of-state interest groups willing to spend millions of dollars and engage in questionable or fraudulent practices to get an issue on the ballot in Missouri.

House Bill 1407 (Bill Deeken) is similar to S.B. 909 and was heard on Jan. 29 in the House Elections Committee. Missouri NEA also supports that bill.

PSRS SALARY INCREASE CAP
The Senate Pensions, Veterans' Affairs and General Laws Committee heard Senate Bill 994 (Jason Crowell) on Jan. 30. The bill will raise the cap on annual increases in final average salary used for calculating Public School Retirement System retirement benefits from 10 percent to 20 percent for all employees. This bill would undo the lower cap enacted in 2007. MNEA supports the bill.

The House Retirement Committee heard House Bill 1774 (Maynard Wallace) on Jan. 31. The bill will raise the cap on annual increases in final average salary used for calculating PSRS retirement benefits from 10 percent to 20 percent for building level staff, while retaining the 10 percent cap for central office staff. MNEA supports the bill. The committee voted out a House Committee Substitute version of the bill which includes an emergency clause. The bill was voted as a Consent Bill, meaning that it will be taken up on a special calendar and will not be subject to amendment on the House floor.

TAX CUTS FOR CORPORATIONS AND THE WEALTHY
The House Special Committee on Tax Reform was scheduled to hear several bills on Jan. 29, including two House Bills that would significantly harm the fairness and adequacy of the state taxes that support public schools and other vital services:

1. H.B. 1340 (Scott Muschany) would allow full deductibility of federal income tax on state income tax returns. The hearing for this bill was cancelled, and the bill will likely be heard next week. This measure would ultimately reduce state revenues by over $400 million per year. Missouri already has an essentially “flat” income tax for all but the lowest 20 percent of taxpayers, since the same rate is applied to all income over $9,000. The federal income tax, however, is “progressive,” meaning that the rate is higher for higher incomes and thus based more on a taxpayer's ability to pay. Allowing full deductibility of federal income tax liability will actually make the state income tax “regressive,” since the increasing deduction will reduce the effective state tax rate, but only for higher income taxpayers. Missouri NEA believes the taxes that support great investments, such as our public schools, should be fair, adequate and sustainable, and MNEA strongly opposes this unfair tax change that would undermine the revenue that supports public education and healthcare services Missourians need.

2. H.B. 1551 (Bryan Stevenson) would eliminate the corporate income tax. This measure will ultimately reduce state revenues by about $350 million per year. Missouri already has the lowest effective corporate income tax rate in the country, relative to the federal corporate tax on activity allocated to our state, among the 46 states that actually have a corporate income tax. Corporations benefit from public investments and public services in Missouri just as individual citizens do, and it is only fair that corporations doing business in Missouri also help support those investments. Missouri NEA strongly opposes this unfair tax change that would undermine the revenue that supports public education and healthcare services Missourians need.

LEGISLATIVE ACCOUNTABILITY DODGE
The House Special Committee on General Laws heard House Joint Resolution 41 (Jane Cunningham) on Jan. 29. The HJR, 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 would also prohibit any Missouri court from instructing or ordering the state or any local government on how to spend, allocate or budget fiscal resources.

The HJR is an obvious attempt to avoid accountability for the failure to meet the constitutional demand to adequately and equitably fund public education. As an alternative, MNEA calls on the General Assembly to promote legislative accountability and place on the statewide ballot a constitutional amendment requiring the legislature to annually declare whether public education and other constitutionally required services are adequately funded and providing that, if such services are determined to be inadequately funded, the inadequacy shall be presumed to be due to lack of state funding.

By continuing to pursue a strong, anti-tax policy, House leaders seem determined to ensure that the state lacks the resources to make the public investment Missourians expect and which the Constitution demands. This policy 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 41 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. Missouri NEA strongly opposes HJR 41.

HPV IMMUNIZATIONS
The Senate Seniors, Families and Public Health Committee heard Senate Bill 778 (Jolie Justus) on Jan. 29. The bill allows female public school students enrolling in sixth grade, at the parent or guardian's option, to receive an immunization for the human papilloma virus. 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. 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.

EXTRACURRICULAR ACTIVITIES
The House Special Committee on Student Achievement heard House Bill 1480 (Jane Cunningham) on Jan. 30. The bill would allow the Department of Elementary and Secondary Education, at the discretion of the State Board of Education, to have authority over public school extracurricular competitive activities. Under the bill, no public school could participate in an association that regulates these activities unless the association submits its rules and regulations to the Joint Committee on Administrative Rules, which may request the department's recommendations.

Missouri NEA opposes this bureaucratic intrusion on the operation of the Missouri State High School Activities Association, a non-governmental entity. As a non-governmental entity, MSHSAA’s rules should not be subject to the review of the Joint Committee on Administrative Rules, a committee with oversight over the rules and proposed rules of all governmental entities whose rules have the full force and effect of law. Further, DESE should not be directly involved in regulating extracurricular activities of private and religious schools.

LABOR ISSUES
The House Special Committee on Workforce Development and Workplace Safety was scheduled to meet on Jan. 30 to hear several House Bills, but the hearing was cancelled. The bills scheduled for hearing included:

1. H.B. 1318 (Cynthia Davis) grants civil immunity on job references. Similar to Senate Bill 713 (Michael Gibbons) and H.B. 1314 (Jane Cunningham), which were heard last week, this bill raises some concerns since the bill may be construed to grant immunity even if the reference-giving employee gives information that violates a district confidentiality agreement concerning the former employee. MNEA believes granting civil immunity in this situation is both problematic and unnecessary.

2. H.B. 1424 (Neal St. Onge) ensures that the full intent of Proposition B from 2006, the voter-adopted initiative to raise the state’s minimum wage, is carried out for all workers. Missouri NEA supports the bill.

SENATE EDUCATION COMMITTEE
The Senate Education Committee heard the following Senate Bills on Jan. 30:

1. S.B. 762 (Yvonne Wilson) modifies the definition of “bullying” in a public school's “anti-bullying” policy to include cyberbullying. Missouri NEA supports the bill.

2. S.B. 833 (Matt Bartle) allows full teacher certification based on the recommendation of a mathematics or science program without requiring the coursework in teaching competencies and allowing school districts to pay bonuses for mathematics and science teachers, irrespective of collective bargaining agreements. Missouri NEA opposes both portions of the bill. Similar to past proposals to mandate acceptance of the American Board for Certification of Teacher Excellence test, the bill seeks to lower teaching standards by offering a full professional certificate to a candidate without requiring the necessary coursework in teaching competencies. MNEA also strongly opposes this unworkable attempt to bypass binding collective bargaining agreements. MNEA would not oppose allowing school districts to offer components of alternative teacher pay plans, including stipends for hard-to-staff schools and hard-to-staff subject areas, provided that any such pay plan components have been bargained locally and have the support of the local employee organization that is legally recognized to represent the affected school employees.

3. S.B. 911 (Kevin Engler) was scheduled to be heard, but the hearing on the bill was cancelled. The bill would allow school districts additional flexibility in make up of school days lost due to inclement weather. If a school district has cancelled or lost five consecutive school days due to inclement weather and is located in an area declared a disaster area by the governor, the bill allows the school board to reduce the number of days to be made up.

THE NEW “SCARLET LETTER”
The House Elementary and Secondary Education Committee held a work session to consider a proposed House Committee Substitute for House Bill 1314 (Jane Cunningham). The bill includes several provisions affecting school employees, including a provision to grant civil immunity on job references. In the work session, committee members were able to ask questions of agency staff involved in handling background checks and investigations of alleged child abuse or neglect, but lobbyists and other interested parties were not permitted to speak. The committee discussed many issues and made several preliminary decisions regarding the HCS but will wait until next week to complete work and vote on the bill.

Unfortunately, the bill currently does nothing to improve the process by which issues or questions regarding employee performance or conduct are adjudicated by a school district, leaving employees without substantive due process rights that provide access to a fair, impartial hearing to determine the facts in the matter. Worse, the committee is now planning to require districts to maintain data even on unsubstantiated reports of employee sexual misconduct and require districts to report this data to other districts upon request if the employee waives the right to keep such information confidential. Failure to waive such rights will automatically serve as a “red flag” to a potential employer, even if the information is related to a false allegation or wrongful termination. This “guilty until proven innocent” presumption will be profoundly unfair to education employees.

Without access to an impartial process to ensure this information is as accurate as possible, the bill will make it impossible for many employees who have been wrongfully terminated or wrongfully accused to be employed in other districts. These employees will be haunted by the erroneous records as they seek employment in other districts, with no ability to correct the misinformation. Missouri NEA urges the committee to include substantive due process rights for all education employees (or the ability to bargain due process rights locally) and remove the requirement that districts maintain and transmit records relating to unsubstantiated allegations. MNEA also believes granting civil immunity in this situation is both problematic and unnecessary.

CAPITOL ACTION DAYS BEGIN
Capitol Action Days will start again for 2008 next week on Tues., Feb. 5. A series of Capitol Action Days throughout most of the session will allow planned, face-to-face contact with legislators throughout the session. Capitol Action Days will be on Tuesdays and Wednesdays starting next week and 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.

If you are not able to attend on these designated days, feel free to contact Otto Fajen (otto.fajen@mnea.org) 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.

Typical Capitol Action Day Agenda

10:00 a.m. Meet for briefing, 2nd floor Capitol rotunda, Senate side alcove under the grand staircase

10:15 a.m. Visit with your legislator/watch floor debate

12:00 noon Invite legislator to lunch

1:00-4:30 p.m. Committee hearings, floor debate, visiting legislators

MISSOURI NEA’S COMPREHENSIVE G.R. PROGRAM
Missouri NEA will depend upon a grassroots lobbying effort led by MNEA and carried out by our Government Relation Teams and our membership. Our teachers and other staff must take the initiative to contact legislators about the key issues affecting public education.

Here's what you can do to support MNEA's legislative agenda:

1. Be a part of your local Government Relations Team.

2. Take the initiative to contact local legislators now to discuss our key issues.

3. Attend the legislative brunch in your area.

4. Attend the Missouri NEA Capitol Action Days for your governance district. Capitol Action Days begin in early February and include most Tuesdays and Wednesdays through May 13.

5. Receive and read the daily MNEA Daily Legislative Update 2008 via email while the legislature is in session from January to May.

6. Visit the Missouri Legislative Action Center: http://capwiz.com/nea/mo/state/main/?state=MO.

The Missouri Legislative Action Center is a convenient, Web-based way to lobby state legislators (and other elected officials) on key education issues. MLAC uses a program called CapWiz to make sending an e-mail on a priority issue quick and easy. As priority issues move forward this session, the MNEA Daily Legislative Update will provide links to Action Alerts on the MLAC Web-site.


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/billcentral.aspx. 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.

PLAN TO ATTEND YOUR MNEA LEGISLATIVE BRUNCH
Legislative involvement is close to home at your MNEA Legislative Brunch. The brunch is a great opportunity to visit with local area legislators and hear a legislative briefing.

Area legislative brunch schedule:

St. Charles – Mar. 8, 2008
St. Louis – Mar. 15, 2008


Legislative Update 2008
Missouri National Education Association
1810 East Elm Street
Jefferson City, MO 65101-4174
(573) 634-3202 or (800) 392-0236

Chris Guinther , President
Ben Simmons, Executive Director
DeeAnn Aull, Director of Programs and P.R.
Leila Medley, Political Director
Otto Fajen, Legislative Director
Judy Glover, Secretary

 

 

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