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“INTELLECTUAL DIVERSITY” MANDATE
RETURNS
The House Higher Education Committee met on Feb. 5 to
hear House Bill 1315 (Jane Cunningham). The bill establishes
the “Emily Brooker Intellectual Diversity Act,”
which 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.”
Missouri NEA opposes this additional layer of bureaucracy
and unneeded intrusion on local control of our public
higher education institutions. Also, MNEA is concerned
that a rigid mandate to promote “intellectual
diversity” could undermine the cardinal value
of academia: 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.
STANDARDS FOR PETITION CIRCULATORS
The Senate Financial, Governmental Organizations and
Elections Committee heard Senate Bill 1003 (Joan Bray)
on Feb. 4. S.B. 1003 is another bill proposing to enact
additional standards for petition circulators. The bill
prohibits paying signature gatherers by the signature,
a practice that has been shown to lead to fraudulent
practices. S.B. 1003 also requires signature collectors
to be U.S. citizens and Missouri residents, prohibits
any person convicted of forgery from collecting signatures
and increases penalties for signing false names on petitions.
Missouri NEA supports the effort of S.B. 1003 and similar
bills heard last week 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 1763 (Michael Parson) is similar to S.B.
1003 and was heard on Feb. 5 by the House Special Committee
on General Laws. Missouri NEA also supports that bill.
PROTECTING MISSOURI’S FAIR AND IMPARTIAL
COURTS
The House Special Committee on General Laws met on Feb.
5 to begin hearing two joint resolutions affecting Missouri’s
Non-Partisan Court Plan. The committee heard testimony
from proponents, but only just began taking testimony
from the first of the many witnesses present to testify
in opposition before the committee's time ran out and
the hearing was held over until next week.
House Joint Resolution 49 (Stanley Cox) increases the
number of governor-appointed members of the Appellate
Judicial Commission from three to five, while HJR 52
(Jim Lembke) would abolish the nonpartisan commission
entirely and establish a partisan process for selecting
appellate judges.
The Missouri Nonpartisan Court Plan is essential for
the state to select qualified judges in a way that limits
partisan politics in the selection process. This non-partisan
plan is so effective that a majority of states have
adopted the “Missouri Plan.” Fair and impartial
courts are vital to democracy and the preservation of
our rights, including the fundamental right of access
to a great public school. Missouri NEA opposes both
joint resolutions and urges the General Assembly to
refrain from any changes in the Missouri Non-Partisan
Court Plan.
BUDGET
The House Education-Appropriations Committee is continuing
to hear presentations and discuss priorities for funding
for the Fiscal Year 2009 budget that will go into effect
for next school year. The committee will prepare a report
to the budget committee. The budget committee will then
draft the various budget bills for the state agencies
and programs. The budget committee is apparently operating
under the assumption that roughly $300 million in proposed
expenditures from the governor’s budget proposal
will have to be cut in order to construct a balanced
budget based on current revenue expectations for the
coming fiscal year. It is not yet clear how much, if
any, of the $300 million in needed cuts will come from
education funding. MNEA will continue to advocate for
adequate and equitable funding for all school districts
and improved support for services such as early childhood
education that help students be successful in school.
STATE SUPPORT FOR EARLY CHILD CARE
The Senate Committee on Seniors, Families and Public
Health heard Senate Bill 776 (Jolie Justus) on Feb.
5. The bill would increase the income eligibility threshold
for state child care subsidy, in an effort to increase
access to quality child care for low income parents.
Similar language was approved by the Senate Education
Committee last week as an amendment to Senate Committee
Substitute for S.B. 726 (Charlie Shields), a bill to
establish a Quality Rating System for early child care.
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.
SCHOOL-BASED CHILDREN’S MENTAL HEALTH
SERVICES
The Senate Health and Mental Health Committee met on
Feb. 5 to hear Senate Bill 799 (Rita Days). The bill
is part of a state initiative to support children's
mental health services. Proper healthcare is critical
to ensuring that all children come to school ready to
learn and should be established as a fundamental right.
Services will be supported by community mental health
centers and will be available in school districts in
participating areas. The bill requires school districts
to develop a policy incorporating social and emotional
development into the district’s educational program.
The State Board of Education will establish a plan to
incorporate social and emotional development standards
for children to improve school readiness and academic
success. The MNEA supports this effort to improve children’s
mental health services.
SCHOOL SAFETY
The House Elementary and Secondary Education Committee
was scheduled to hear House Bill 1722 (Maynard Wallace)
on Feb. 6, but the hearing was postponed due to the
lengthy executive session the committee held on H.B.
1314 (Jane Cunningham). H.B. 1722 would 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,
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
and makes many other changes related to school safety.
Missouri NEA generally supports the provisions in the
bill and will work with the sponsor to ensure the bill
is a positive step in support of safe schools.
“SCARLET LETTER”
The House Elementary and Secondary Education Committee
held an executive session at its Feb. 6 meeting and
voted out a 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. The committee
adopted several technical amendments, but the substantive
concerns raised by the Association remain, and Missouri
NEA opposes the HCS version of the bill.
The bill 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
on 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.
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. The
Association also believes granting broad civil immunity
in this situation is both problematic and unnecessary.
Any such immunity should be narrowly worded to refer
to specific, adjudicated offenses by employees.
SENATE EDUCATION COMMITTEE
The Senate Education Committee met on Feb. 6 to hear
three Senate Bills:
1. S.B. 846 (Scott Rupp) alters provisions regarding
higher education scholarships. The bill authorizes A+
schools funding for students attending private technical
institutions such as Ranken Tech. The bill also provides
community college associate degree transfer scholarships.
2. S.B. 1047 (Carl Vogel) includes nonpublic special
education students served by a district in the definition
of special education pupil count in the foundation formula.
This bill will ensure that the formula aid for a district
reflects the additional special education services provided
to nonpublic school students under the federal IDEA.
Missouri NEA supports the bill.
3. S.B. 925 (Rita Days) allows school districts to
maintain permanent records digitally or electronically.
The MNEA supports this common-sense measure to promote
modernization of record keeping that will reduce storage
costs and space requirements while speeding up access
to records.
SPECIAL NEEDS TAX CREDIT VOUCHER
The House Special Committee on Student Achievement met
on Feb. 6 to hear House Bill 1554 (Leonard Hughes).
The bill would authorize an income tax credit for contributions
to “nonprofit special needs education support
organizations.” While this bill's wording is self-contradictory
and unclear, MNEA is concerned that it appears to be
an attempt to enact a tax-credit-style voucher solely
for special education students attending nonpublic schools.
All voucher bills raise concerns of lack of public accountability
for public funds and have the effect of diverting Missouri's
limited public funds away from public schools and diminishing
the capacity and support for proven programs that help
students succeed in Missouri's public schools.
LABOR ISSUES
The House Special Committee on Workforce Development
and Workplace Safety met on Feb. 6 and heard House Bill
1424 (Neal St. Onge), a bill designed to make sure 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.
House Bill 1318 (Cynthia Davis), a bill to grant civil
immunity on job references, was also scheduled for hearing,
but the hearing was postponed. 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. The MNEA believes granting broad
civil immunity in this situation is both problematic
and unnecessary.
REQUIRED PHOTO ID FOR VOTERS
The House Special Committee on Immigration met on Feb.
6 to hear several bills, including House Joint Resolution
48 (Stanley Cox). The HJR proposes a constitutional
amendment requiring photo identification to vote in
elections. The MNEA believes voting is a constitutional
right that should not be restricted by unnecessary voter
photo identification requirements or other barriers
to the voting franchise which tend to disproportionately
suppress voter turn out of the poor, minority and elderly
voters. The Association opposes HJR 48.
PROPERTY TAX CAPS
The House Ways and Means Committee met on Feb. 7 to
hear the following House Bills:
1. H.B. 1370 (Will Kraus) exempts real property owned
by individuals 65 years of age or older with lower levels
of income from increases in assessed valuation. Missouri
NEA believes taxes should be fair, adequate and sustainable.
This bill would undermine the basic constitutional requirement
that all property be properly assessed at its fair market
value. Missouri NEA opposes the bill. The Association
supports expansion of the “Circuit Breaker,”
an income tax credit for low income seniors based on
property taxes paid, as an effective alternative to
support fairer taxes for those low income seniors.
2. House Joint Resolution 42 (Cynthia Davis) proposes
a constitutional amendment freezing all real property
valuations and tax rates until the sale or transfer
of the property or a voter-approved rate increase. This
joint resolution would undermine the requirement that
all property be properly assessed at its fair market
value. The joint resolution creates an irrational system
which creates artificial tax incentives to avoid the
sale of real property. Missouri NEA opposes the joint
resolution.
CAPITOL ACTION DAYS BEGIN
Capitol Action Days began on 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
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: 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.
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
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