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By Otto Fajen
MNEA Legislative Director

SPECIAL EDUCATION VOUCHER REMOVED FROM OMNIBUS EDUCATION BILL
The House debated House Committee Substitute for House Bills 2040 and 2430 (Rod Jetton) on April 9. A total of 12 amendments were debated and voted on before the bill was laid over late in the evening. It is now unclear whether the bill will be taken up again for perfection or if the bill is dead now that the special education tax credit voucher has been removed. The HCS included several harmful provisions, especially H.B. 1886 (special education voucher), H.B. 2181 (differential pay) and H.B. 1477 (restricting political contributions by teachers). The HCS also includes a complex system of state bonus pay for teachers.

The following House Amendments and Substitute Amendments were taken up and dealt with:

• H.A. 1 (Rod Jetton) puts the MSTA statewide salary schedule back into the bill. The amendment was adopted.

• H.A. 2 (Jason Holsman) restores a more collaborative, school-level performance pay pilot program. The amendment was adopted.

• H.A. 3 (Holsman) removes the retroactive teacher stipends from the bill. The amendment was adopted.

• H.A. 4 (Sam Page) raises the stipends for teachers in unaccredited districts. The amendment was adopted.

• HSA 1/H.A. 5 (Ryan Silvey) revises but keeps in the requirement to publish school administrator compensation packages. The amendment was adopted.

• H.A. 6 (Brian Munzlinger) removes the requirement that the commissioner’s $18 million for professional development be subject to Joint Committee on Education oversight and approval. The amendment was adopted.

• H.A. 7 (Joe Aull) would have removed the H.B. 2181 language (granting authority for differential pay for teachers). The amendment was defeated.

• H.A. 8 (Michael Corcoran) clarifies that the salary schedule stipends, bonus pay and other stipends are subject to Public School Retirement System deductions. The amendment was adopted.

• H.A. 9 (Ed Schieffer) would have removed the H.B. 1477 language (restricting political contributions by teachers) but the amendment was defeated.

• HSA 1/H.A. 10, as amended, (Tim Flook) requires the scholarship receiving schools under the tax credit voucher program to employ certified special education teachers. The amendment was adopted.

• H.A. 11 (Jonas Hughes) provides that school districts will receive state formula aid for “phantom kids” who use the tax credit voucher scholarships to attend other schools. The amendment was adopted.

• H.A. 12 (Maynard Wallace) removed the special education tax credit voucher language entirely from the bill. Missouri NEA supported the amendment which was adopted by a vote of 80-58.

After dealing with the first 12 amendments, the bill still includes many provisions:

• H.B. 1722 (Maynard Wallace) – school safety

• S.B. 726 (Jeff Smith) – Preschool Plus program

• H.B. 2489 (Doug Funderburk) – administrator salary reporting

• H.B. 2181 (Jane Cunningham) – allows differential pay

• H.B. 1477 (Jane Cunningham) – restricts political contributions by teacher organizations

• H.B. 1544 (Timothy Jones) – educational materials for the blind

Missouri NEA continues to oppose the HCS, as amended, due to the inclusion of H.B. 2181 (differential pay) and H.B. 1477 (restricting political contributions by teachers).

SPECIAL EDUCATION VOUCHER
The Senate, again, debated Senate Bill 993 (Jason Crowell) on April 7, but the bill did not come to a vote. House Bill 1886 (Dwight Scharnhorst) is a similar bill. The bill is on the House calendar but has not been taken up for debate.

The bills would create an 80 percent tax credit for donations to private scholarship funds providing payments for disabled students to attend private or religious schools or out-of-district public schools. The bills allow an unlimited total amount in tax credits for “contributions” to scholarship funds but arbitrarily limits participation to 10 percent of disabled students.

The use of special education students to further the school privatization agenda is an emerging trend across the nation. As with school privatization efforts in previous years, these bills do nothing to fulfill the state’s primary duty: to establish and maintain quality public schools. In particular, the bills do nothing to build the capacity of public schools across the state to offer high quality programs to disabled students.

One sinister effect of the bill is to create a state-supported incentive for disabled students to enroll in nonpublic schools where they will forfeit their entitlement to district-funded Free and Appropriate Public Education determined by an Individualized Education Plan. This is especially troubling since many private schools lack the capacity to provide special education services and rely on local public schools to provide special education services for their disabled students. However, private school students do not have an IEP and have no entitlement to specific services under the Individuals with Disabilities Education Act nor any right to appeal any particular lack of special education service from a school district.

Another troubling feature of the bill is that the credits would reduce state revenues by nearly a like amount and force the state to forego real opportunities to help all public school students or to fund specific programs to help disabled students attending public schools. Missouri NEA strongly opposes any measure to transfer state funds to private, religious or home schools that are not accountable to the standards placed on public schools.

MSTA ANTI-BARGAINING BILL FOR TEACHERS
The House Special Committee on General Laws voted House Bill 2059 (Kevin Wilson) “do pass” on April 1. The Senate Education Committee voted out Senate Committee Substitute for Senate Bill 1158 (Rob Mayer) on April 2. SCS/S.B. 1158 is on the Senate calendar and could be taken up for debate at any time.

Missouri NEA strongly opposes both bills. The bills discriminate against teachers by treating them unfairly, denying them their right to select a single representative with a legal duty to represent all employees.

An effective bargaining process must have a unified employee voice. Piecing a bargaining team together from various groups builds a communications gap into the process and leaves teachers scrambling for a cohesive voice. The bills would force teachers to form a representative council, an extra layer of bureaucracy, which would make reaching agreement difficult.

The bills even allow the school board to modify the “agreement” without consulting the council, thus making it unlikely that districts and employees would actually construct binding agreements.

The bills would make collective bargaining a more difficult and less effective process for teachers than for other employees, and it leaves them, once again, with fewer rights than other public employees. Unlike an elected representative, whose right to represent employees can be removed if it fails to represent them fairly, the council cannot be held accountable, disbanded or replaced with an elected representative organization, even if the council is totally dysfunctional.

Of the 35 states where teachers bargain collectively, no state uses a process similar to the one proposed in these bills. The bargaining model that has proven effective over time in state-after-state is the exclusive representation model. In a historic decision in May 2007, the Missouri Supreme Court restored the right of all public employees (including teachers) to bargain collectively with employers. MSTA fought against collective bargaining for years and filed a brief last year urging the Supreme Court to deny teachers a voice in the collective bargaining process,

Missouri NEA believes that H.B. 2030 (Jenee` Lowe) and S.B. 1115 (Joan Bray) will treat all employees affected by the court decision fairly. H.B. 2030 and S.B. 1115 were built on consensus among public employee groups, including teachers. Missouri NEA believes every child has the basic right to attend a great public school, and nothing should dilute the voice of teachers in how that is accomplished.

ABCTE
The House briefly debated Senate Bill 1066 (Luann Ridgeway) on April 9, but the bill did not come to a vote. The bill requires the State Board of Education to certify teachers passing the test established by the American Board for the Certification of Teacher Excellence. Missouri NEA opposes the bill. The bill will probably be taken up again on the House floor next week.

The bill passed the Senate after several additional changes were negotiated by Sen. Joan Bray and Sen. Ridgeway, but these changes were not incorporated in the Senate version of the bill, since the Senate had already closed off the amendment process before the negotiations. Sen. Ridgeway agreed that, if the bill was allowed to proceed to a vote, she would seek to have those improvements incorporated in the House: requiring successful teaching evaluations each year to maintain the certificate, using a state-approved district mentoring program in preference to an ABCTE mentoring program and requiring all ABCTE certified teachers to pass the Praxis II exam on pedagogy to maintain their certificate. However, the changes were not adopted in the House committee.

It now appears that the proponents of the bill will seek to have the bill adopted by the House without changes, including the ABCTE-related changes supported by the bill’s sponsor, since that would force the bill to come back to the Senate for its concurrence.

Senate Amendment 4 (Maida Coleman) provides that the commissioner of education must get the approval of the Joint Committee on Education for the expenditures of the $18 million allocated annually to address statewide areas of critical need. This amendment has raised justifiable concern from several education groups. Ironically, this opposition makes it less likely that the ABCTE changes agreed to by Sens. Ridgeway and Bray will be adopted on the House side, since those changes would force the bill to, again, be approved by the Senate. Opposition by education groups to S.A. 4 would make passage by the Senate difficult unless the language of S.A. 4 is changed or deleted, but such a change would create opposition on the part of the amendment’s sponsor, Sen. Coleman, and also threatens the bill’s passage. This leaves the unfortunate prospect that the bill will be taken up and adopted by the House without several of the safeguards and improvements to the ABCTE mandate that were negotiated on the Senate side.

Missouri NEA remains concerned that the bill would grant a full professional certificate to an ABCTE teacher, rather than an alternative certificate which allows a teacher to be employed on a renewable basis in an employing district upon maintaining successful teaching evaluations and leading to a professional certificate after passing the Praxis test and demonstrating teaching competencies. The state board should retain authority to supervise and revise any teaching certification. Missouri NEA continues to recommend 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 professional 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.

TABOR
The House passed House Joint Resolution 70 (Allen Icet) on April 10 by a vote of 84-64. HJR 70 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. The HJR even includes requirements for imposing further tax cuts if the spending limits are operational.

Missouri NEA strongly opposes this unneeded restriction. Legislators should be able to construct a consensus revenue estimate and appropriate according to that estimate. HJR 70’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.

HOUSE ELEMENTARY AND SECONDARY EDUCATION
The House Elementary and Secondary Education Committee met on April 9 to hear the following bills:

1. House Bill 1891 (Rick Stream) requires all school districts to have physical education programs.

2. H.B. 2070 (Ron Casey) prohibits certain sexual offenders from being on school property or attending school activities without the consent of the principal or head administrator.

3. Senate Bill 839 (Kevin Engler) modifies adjustment to funds payable resulting from transfer of title to real property for certain school districts. The bill was voted “do pass” as a Consent Bill.

4. S.B. 925 (Rita Days) allows school districts to maintain permanent records digitally or electronically. MNEA supports the bill.

HOUSE HIGHER EDUCATION
The House Higher Education Committee met on April 9 to hear the following bills:

1. Senate Committee Substitute for Senate Bill 967 (Rob Mayer) allows the Missouri Higher Education Loan Authority to originate federally guaranteed student loans. The bill was voted “do pass” as a Consent Bill.

2. House Bill 1979 (Joe Smith) establishes the Missouri National Guard and Missouri Reservists Family Education Grant.

3. H.B. 2582 (Jeff Grisamore) establishes two renewable teacher preparation scholarships for individuals who commit to teach or currrently work with special education students. MNEA appreciates this positive step to help recruit quality teaching staff to serve students with disabilities within the public school setting.

SPECIAL COMMITTEE ON STUDENT ACHIEVEMENT
The House Special Committee on Student Achievement met on April 9 to hear two House Bills:

1. H.B. 2109 (Bob Dixon) encourages school districts to participate in the Baldrige Continuous Quality Improvement Program.

2. H.B. 2458 (Timothy Jones) establishes the Children’s Education Freedom Act which authorizes a 50 percent tax credit for taxpayers who donate to a scholarship-granting organization under certain circumstances. This is another tax credit style of voucher programs targeting low income students in provisional and unaccredited school districts. Missouri NEA continues to oppose diversion of public funds through tax credits and other tax expenditures to fund private schools that are not accountable to the public for those public funds.

The committee also voted out a House Committee Substitute for H.B. 2111 (Scott Muschany) which revises public charter school law. The HCS removes the proposed expansion of territory where charter schools may be established. The HCS also creates standards for charter school sponsors and ties eligibility for sponsor funding to meeting those standards.

SCHOOL RETIREMENT
The Senate Pensions, Veterans’ Affairs and General Laws Committee met on April 9 to hear many proposed Consent bills, including:

1. House Bill 2056 (Jim Viebrock) modifies provisions relating to the investment of funds for teacher and school employee retirement systems.

2. H.B. 2104 (Jim Viebrock) changes the laws regarding the Public School Retirement System of Missouri and the Public Employee Retirement System of Missouri

4. H.B. 1972 (Ward Franz) prevents nonprofit educational associations or organizations from having their employees join PSRS or PEERS after June 30, 2009.

5. H.B. 1973 (Ward Franz) allows teacher and school retirement systems to indemnify and protect trustees and employees.

6. H.B. 2204 (Doug Ervin) modifies provisions relating to nomination of beneficiaries for PSRS and PEERS.

7. H.B. 1706 (Brian Baker) allows retired members of PSRS and PEERS to work up to full time for up to two years without losing benefits. The bill expands the existing provision to part-time employment. MNEA supports the bill.

8. H.B. 1774 (Maynard Wallace) increases the maximum percentage of increase in annual compensation for certain members of the Public School Retirement System from 10 percent to 20 percent. MNEA supports the bill.

The House Special Committee on Retirement met on April 10 to hear several bills, including H.B. 1902 (Danie Moore) which grants additional retirement benefits to certain current PSRS retirees affected by the cost-of-living-adjustment cap and could require increased contributions by active members to fund the added benefit. Balancing the concerns and needs of retirees and active PSRS employees is a difficult challenge. Missouri NEA supports repeal of the COLA cap when it is financially feasible, but is concerned that any new retirement benefit increase at this time will postpone the restoration of financial stability of the PSRS system, given the continuing increases in contribution rate needed to meet the system’s obligations. The committee voted House Committee Substitute for H.B. 1902 “do pass.” The HCS adds in the statewide teachers’ salary schedule language from H.B. 2040 (Rod Jetton) and the building level incentive pay stipend contained in House Amendment 2/HCS/H.B.s 2040 & 2430 offered by Jason Holsman.

SENATE EDUCATION COMMITTEE
The Senate Education Committee met on April 9 to hear several House Consent bills and one Senate bill:

1. House Bill 1368 (Mike Thomson) modifies membership requirements for the Northeast Missouri State Board of Regents (Consent). The bill was voted “do pass” as a Consent Bill.

2. H.B. 1305 (David Day) allows school districts to exempt high school students transferring into the state from the requirement to pass certain government and constitution courses and tests. A Senate Committee Substitute version of the bill was voted “do pass” as a Consent Bill. The SCS includes language creating a school-based flu vaccine pilot program, language regarding supplemental service services materials and language allowing schools in unaccredited districts to participate in the A+ Schools program.

3. H.B. 1807 (Stanley Cox) changes the name of the State Schools for Severely Handicapped Children to the Missouri Schools for the Severely Disabled. An SCS version of the bill was voted “do pass” as a Consent Bill.

4. H.B. 1869 (Kevin Wilson) requires the Missouri revisor of statutes to change all references of the term “junior college” to “community college” in Missouri law. The bill was voted “do pass” as a Consent Bill.

5. H.B. 1876 (Jane Cunningham) modifies provisions relating to special education due process hearings. A Senate Committee Substitute version of the bill was voted “do pass” as a Consent Bill. The SCS includes language requiring school districts to identify and serve all gifted student and language from S.B. 1221 (Brad Lager) to create the P-20 Council.

6. H.B. 2048 (Jake Zimmerman) creates the Textbook Transparency Act requiring textbook publishers to provide certain information to higher education institutions. The bill was voted “do pass” as a Consent Bill.

7. H.B. 2213 (Will Kraus) requires the governor to annually issue a proclamation declaring the second week of September as Parent and Family Involvement in Education Week. The bill was voted “do pass” as a Consent Bill.

8. S.B. 1221 (Brad Lager) creates the P-20 Council, a quasi-public entity to support public education programs.

SENATE WAYS AND MEANS
The Senate Ways and Means Committee was scheduled to hear Senate Bill 1266 (Joan Bray) on April 9, but the hearing was cancelled. The bill decouples Missouri income tax law from the Internal Revenue Code with regard to depreciation deductions provided by the enactment of the Economic Stimulus Act of 2008. This bill will help protect Missouri from loss of state revenues based on federal tax cuts to provisions coupled to Missouri tax code by state law. MNEA supports the bill.

STANDARDS FOR PETITION CIRCULATORS
The Senate Financial, Governmental Organization & Elections Committee voted House Bill 1763 (Mike Parson) “do pass” on April 7. The bill would 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. The bill also requires signature collectors to be 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 H.B. 1763 and similar bills 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.

CAPITOL ACTION DAYS
Capitol Action Days continued on April 8 with MNEA members from Governance District 9 visiting the Capitol. 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 continuing through the first week of May. Your MNEA calendar includes the dates that MNEA Board of Directors members 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.

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

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