By Otto Fajen
MNEA Legislative Director

April 24, 2008
Number 15

 

MSTA ANTI-BARGAINING BILL PASSES HOUSE BY SLIM MARGIN
House Committee Substitute for House Bill 2059 (Kevin Wilson) was given final approval (Third Reading vote) on April 24 by a narrow margin of 83-67, just one vote over the 82 vote majority needed for passage. The bill was perfected earlier in the week by a roll call vote of 79-61.

While the passage of this bill in the House is disappointing, MNEA appreciates the support of members who stepped up to come to the Capitol to lobby on the issue or to contact their legislators in support of MNEA’s position on the bill. Now the bill moves to the Senate for further debate. Senate Committee Substitute for Senate Bill 1158 (Rob Mayer), an identical bill, remains on the Senate informal calendar, but debate on that bill now appears unlikely. MNEA will need to continue the lobbying effort to ensure that H.B. 2059 does not pass in the Senate.

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 mandates 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.

Action needed:
Your help is needed. If you haven't already done so, please call, write or e-mail to urge your state representative and state senator to oppose SCS/S.B. 1158 and HCS/H.B. 2059, the teacher anti-bargaining bills. The following link will connect you to the MNEA Legislative Action Center Action Alert on S.B. 1158 and H.B. 2059. The action alert contains a brief summary and an editable message box to help you send an e-mail to your state representative and state senator on the issue. http://capwiz.com/nea/mo/issues/alert/?alertid=11232261&type=ST&show_alert=1

 

HOUSE ELEMENTARY AND SECONDARY EDUCATION
The House Elementary and Secondary Education Committee met on April 23 and heard the following House Bills:

  1. H.B. 2136 (Bob Dixon) allows an income tax credit for certain donations to public school foundations that support school districts.
  2. H.B. 2121 (Jeff Roorda) prohibits school districts from scheduling a day or a half-day off within five days of Veterans Day unless the school district also schedules Veterans Day as a day off.
  3. H.B. 2481 (Shane Schoeller) establishes a procedure by which a school district or an initiative petition may place the issue of open enrollment by contract before the voters of the district.
  4. H.B. 2482 (Shane Schoeller) enacts a statewide program of interdistrict public school choice. MNEA cautioned that any such plan should be carefully examined based on the experiences of other states, should anticipate and deal with possible adverse consequences relating to school funding, equity of access, transportation, athletics and activities participation and special education costs. Also, any plan should be subject to local governance.

The committee voted out a House Committee Substitute for H.B.s 2281, 2489 & 2537. The HCS includes several provisions relating to school administrators, including public disclosure of administrator compensation in excess of $100,000 per year, disclosure of post-retirement employment of administrators, allowing more than two districts to share a superintendent and raising the Public School Retirement System final salary yearly increase to 20 percent, except for central office administrators. The HCS also includes language requiring the Department of Elementary and Secondary Education to create a central repository of school district financial and policy information. The provision is based on language offered by MNEA, though it lacks some of the specificity regarding reporting of detailed compensation information and relies on DESE to set standards for what information is to be included.

STUDENT ACHIEVEMENT
The House Special Committee on Student Achievement met on April 23 and heard three bills:

  1. House Bill 1748 (Sara Lampe) lowers the age for beginning school from seven to six years and requires full-day kindergarten at all public schools. MNEA went on record in support.
  2. Senate Committee Substitute for Senate Bills 1225 & 1226 (Bob Mayer) allows school boards to identify a designee to bind the school district during certain special education due process hearings.
  3. Senate Bill 762 (Yvonne Wilson) revises the definition of “bullying” as used in school district antibullying policies to include cyberbullying and electronic communications. MNEA supports the bill.

The committee then voted out House Committee Substitute versions of both S.B. 762 and SCS/S.B.s 1225 & 1226. Each HCS adds the provisions mandating disclosure of administrator compensation, language regarding educational services for students placed by the state in private residential care facilities, authority for differential and “merit” pay for teachers, provisions to restrict use of dues or other fees of a teacher organization for political contributions and a requirement that school board vacancies be filled by special elections rather than by appointment by the remaining board members.

BUDGET BILLS IN CONFERENCE
The budget bills sent to conference on April 21 included: the K-12 education budget bill, House Bill 2002 (Allen Icet); and, the higher education budget bill, H.B. 2003 (Allen Icet). Notable among the Senate changes in H.B. 2002 was the elimination of $20 million for professional development. This cut was made to send a message to the Department of Elementary and Secondary Education in response to the department’s objection to the proposed oversight of the professional development expenditures by the Joint Committee on Education (as contained in Senate Bill 1066). The conference committee has recommended a $5 million cut to the professional development funding for next year. MNEA opposes this cut and urges restoration of the full $20 million appropriation for state professional development expenditures. The budget bills must be approved in final form by both chambers no later than May 9.

FATE UNCLEAR FOR 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 unclear whether the bill will be taken up again for perfection or whether 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 bill also includes the MSTA statewide salary schedule and a complex system of state bonus pay for teachers.

MNEA 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).

PSRS SALARY INCREASE CAP
The House Special Committee on General Laws Committee met on April 22 to hear Senate Bill 994 (Jason Crowell). 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. This bill would undo the lower cap enacted in 2007. MNEA opposed the lower cap that was enacted last session and supports Sen. Crowell’s legislation to reverse that unnecessary cap on PSRS pensions. The committee discussed the bill later in executive session but did not take a vote on the bill.

SMALL SCHOOL GRANTS PASSES HOUSE
The House perfected House Committee Substitute for House Bill 1704 (Maynard Wallace) on April 23 and finally passed the bill on April 24. The bill revises the Small Schools Grant program to increase the funding from $15 million to $20 million and provides a gradual phase out of the funding as a district’s pupil count increases from 350 to 450, rather than the current law which abruptly cuts off the grant when a district’s pupil count exceeds 350. MNEA supports the bill as a small step to improve adequacy and equity of school funding.

CAPITOL ACTION DAYS
Capitol Action Days continue on April 29 with MNEA members from Governance District 6 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 rest of session. 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 contains 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

 

 

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