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MNEA Legislative Update

By Otto Fajen
MNEA Legislative Director

Number 5
Feb. 6, 2009

CHARTER SCHOOLS
The Senate Education Committee began the hearing on Senate Bill 64 (Scott Rupp) regarding charter schools on Feb. 4. The committee heard extensive testimony from proponents and from opposition witnesses who will not be available when the hearing on the bill resumes at next week’s regularly scheduled hearing. The bill makes several changes regarding charter schools, including the following:

  1. Allows charter schools in unaccredited and provisional districts and any district with performance evaluations consistent with such classifications;

  2. Allows certain private four-year colleges and universities to sponsor charter schools;

  3. Allows the mayor of St. Louis City to sponsor a charter school;

  4. Requires the Department of Elementary and Secondary Education to ensure each charter sponsor meets five standards or withhold the 1.5 percent sponsor funding; and

  5. Allows drop-out prevention or recovery charter schools to enroll nonresident pupils from the same or an adjacent county.

Missouri NEA believes that public charter schools should be accountable for student learning, staff member qualifications and financial integrity. Current Missouri law is inadequate to ensure that accountability. The MNEA opposes expansion of geography and sponsors at this time and, thus, opposes S.B. 64. The legislature should first provide the additional funding needed to conduct a detailed study of the performance of Missouri public charter schools thus far. This study is a critical step to help the legislature learn from the charter school experience and make appropriate revisions to the law. Current charter school law must also be revised to establish clear, rigorous standards on sponsorship accountability. The sponsor’s standards language in S.B. 64 alone would make a good first step, though the language should go even farther and speak more specifically to the standards by which sponsors will evaluate, discipline and, if necessary, terminate charter schools.

QUALITY RATING SYSTEM FOR EARLY CHILD CARE
The Senate Health, Mental Health, Seniors and Families Committee met on Tuesday, Feb. 3 and heard several bills, including Senate Bill 4 (Charlie Shields). S.B. 4 establishes a quality rating system for 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.

HOUSE PASSES MORE BUSINESS TAX CREDITS
The House spent about five hours on Feb. 4 debating and amending House Bill 191 (Tim Flook) relating to business tax credits. The afternoon debate forced the cancellation of many committee meetings, including the House Appropriations-Education Committee meeting. H.B. 191 lifts or raises the cap on several business tax credits and reinstates some that have expired. The exact impact of these tax credit changes is unknown, since some currently capped programs, such as the Quality Jobs Program, would no longer have any limit on the amount of tax credits.

MNEA strongly urges the legislature to maintain limits on all tax credits and to ensure that all tax credit programs are transparent, properly documented and accountable for meaningful results in return for the public investment of the tax expenditures given. The bill was perfected late in the afternoon Feb. 4, and was given final passage, also known as Third Reading, on Feb. 5 by a vote of 141-19. The emergency clause was also adopted.

TAXATION
The state needs a fair, adequate and sustainable tax policy to fund investment in public schools and other vital services.

The House Tax Reform Committee met on Feb. 4 and heard several relevant House Bills, including:

  1. H.B. 87 (Maynard Wallace) exempts motor fuel purchased for school buses from the state motor fuel tax. Missouri NEA supports this bill, since it eliminates the inefficiency of imposing a tax on a publicly-funded entity and because it will allow school districts to use the tax savings to support other expenditures that will help provide educational opportunities to students. At the same time, the Association recognizes that the state faces a massive drop in funding for road and bridge expenditures and urges the legislature to fashion a comprehensive solution to that problem that does not decrease state funding to public education or other vital public services. H.B. 112 (Brian Munzlinger) is essentially the same as H.B. 87 and was also heard during the same hearing.

  2. H.B. 348 (Mark Parkinson) offers a state income tax deduction for home schooling expenses. The MNEA noted concerns about the fairness of the proposal in singling out only home schooling expenses and also concerns about the impact of any such tax deduction on the adequacy and equity of the state revenues that support the state’s primary duty: adequate and equitable funding of public schools.

The House Ways and Means Committee met on Feb. 5 to hear several bills, including H.B. 178 (Bryan Stevenson) which phases out the Missouri corporate income tax. This measure will ultimately reduce state revenues significantly, perhaps by as much as $350 million per year. Missouri already has the lowest effective corporate income tax rate in the country, relative to the federal corporate tax on corporate 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. MNEA strongly opposes this unfair tax change that would undermine the revenue that supports public education and healthcare services Missourians need.

HOUSE ELEMENTARY AND SECONDARY EDUCATION COMMITTEE
The House Elementary and Secondary Education Committee heard the following House Bills on Feb. 3:

  1. H.B. 222 (Brian Yates) changes the election procedures for school board members of the Kansas City Missouri School District. The bill imposes a term limit of two four-year terms for board members and requires that the current subdistrict members be elected district-wide, though they must still live in the subdistrict. MNEA testified in opposition to the bill. The Association is concerned that requiring all board members to run costly, district-wide elections may discourage otherwise interested and qualified low-income citizens from seeking to serve on the school board. Also, the imposition of arbitrary term limits is as troubling for school board members as it is for legislators, since it takes away a voter’s chance to elect the representative of their choosing and undermines institutional memory and expertise on the school board.

  2. H.B. 289 (Maynard Wallace) requires the designation of an agent for a binding signature on a special education placement settlement and makes the five-business-day notice applicable to all special education due process hearings. This bill is a federal compliance bill requested by the Department of Elementary and Secondary Education.

In addition to hearing the two new bills, the committee also voted on the two bills heard last week: H.B. 96 (Maynard Wallace) regarding school safety and H.B. 242 (Gayle Kingery) allowing school districts the option to change to a four-day per week school calendar.

The committee unanimously approved House Committee Substitute for H.B. 96 which contained three changes from the original bill:

  1. The language allowing school districts to commission law enforcement officers was limited to the Blue Springs School District and requires local law enforcement approval;

  2. Additional language provides for transferring records regarding potentially violent students to private schools upon request; and

  3. Technical corrections regarding investigating child abuse allegations and employee liability for medical procedures, as suggested by MNEA, were also incorporated.

The committee also approved HCS/H.B. 242 (Gayle Kingery) authorizing districts to schedule a four-day school week. Debate centered on the possibility that the four-day week would result in fewer total hours of instruction, and the HCS provides that a district switching to four days per week must revert to the longer schedule if student performance drops for two successive years on two or more indicators. Language was also amended to provide that districts will not need to make up days lost due to inclement weather unless the lost days bring the district below 1044 total hours of instruction for the year.

BUDGET
The House Appropriations-Education Committee heard testimony on Feb. 3 from the Department of Elementary and Secondary Education staff concerning the detailed recommendations on K-12 spending in the governor’s proposed budget. The committee heard explanations of the programs and proposed budget changes for roughly the first half of the DESE budget. The committee planned to reconvene on Feb. 4 to allow committee members to ask questions on the programs already presented and to hear presentations on the remainder of the DESE budget, but the hearing was cancelled due to extended House floor debate on House Bill 191 (Tim Flook).

HEALTHCARE
The Senate Progress and Development Committee met on Feb. 4 to hear Senate Bill 18 (Joan Bray). The bill would create a single-payer healthcare system for all Missourians. No fiscal note was available, but the bill would certainly have an immense cost in state revenues, though it would be partially offset by a massive reduction in employer expense on health insurance across the state.

Missouri NEA went on record in strong support of the bill. The Association supports universal health care for all students, staff and all other Missourians as a basic right. The single payer option is one of several available options and is likely to be a significant part of the ultimate solution to health care coverage for all Missourians. Reforms to health care should be guided by the goals of universal coverage, minimizing employer impact and ensuring that all parts of the health care provider system are accountable for making health care better, safer and less costly.

EQUAL RIGHTS AMENDMENT
The Senate Rules Committee heard Senate Concurrent Resolution 3 (Jolie Justus) on Feb. 3. The SCR would ratify the Equal Rights Amendment to the U.S. Constitution. Thirty-five of the required 38 states have ratified the amendment. Missouri NEA spoke in strong support of this measure to assure that equal rights under the law should not be abridged on the basis of gender.

MISSOURI NEA’S COMPREHENSIVE GOVERNMENT RELATIONS PROGRAM
Missouri NEA needs a vigorous grassroots lobbying effort this session. Our members 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 or dinner in your area.

  4. Attend the Missouri NEA Capitol Action Days for your governance district. Capitol Action Days begin on Feb. 11 and include most Wednesdays until the first week of May.

  5. Receive and read the daily MNEA Daily Legislative Update 2009 via e-mail while the legislature is in session from January to May.

FINDING INFORMATION ABOUT BILLS
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.

CAPITOL ACTION DAYS RETURN
MNEA Capitol Action Days will allow planned, face-to-face contact with legislators throughout the legislative session. The first Capital Action Day is next week, on Feb. 11. Capitol Action Days will generally be on Wednesdays starting with the first week in February and continuing through the first week of May. Your MNEA calendar includes the dates the MNEA Board members selected for your governance district. If you are not able to attend on these designated days, feel free to contact MNEA Legislative Director Otto Fajen at otto.fajen@mnea.org to let him know when you can attend on another Capitol Action Day. 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

PLAN TO ATTEND YOUR MNEA LEGISLATIVE BRUNCH OR DINNER
Legislative involvement is close to home at your MNEA legislative brunch or dinner. The event is a great opportunity to visit with local area legislators and hear a legislative briefing. Area legislative brunch schedule:

St. Charles - Feb. 26, 2009
Kansas City - Feb. 28, 2009
Jefferson County - Mar. 7, 2009
St. Louis - Mar. 21, 2009



 

Legislative Update 2009
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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