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By
Otto Fajen
MNEA Legislative Director
Number
7
Feb. 19, 2009
HOUSE
PASSES SCHOOL SAFETY BILL
The House gave first round approval (Perfection vote)
to House Committee Substitute for House Bill 96 (Maynard
Wallace) on Feb. 16, and gave final (Third Reading)
approval to the bill on Feb. 18. The final vote on the
bill was a unanimous vote of 160-0, with three members
absent at the time of the vote. The bill enacts numerous
provisions regarding school safety. This lengthy bill
makes a number of changes designed to increase employee
liability protection, improve school safety precautions
and improve notice and reporting of acts of school violence
by students. The MNEA supports the bill.
The
floor debate included adoption of three House Amendments:
H.A.
1 (Rachel Bringer) clarifies that corporal punishment,
if allowed by a district, may only be done by certificated
personnel, while all school personnel may use reasonable
force in accordance with district policy to protect
persons or property.
H.A.
2 (Gary Duesenberg) makes a technical change regarding
the school peace officer language pertaining only to
Blue Springs School District.
H.A.
3 (Rachel Bringer) clarifies that when a transferring
student has committed a reportable offense, notice of
the specific offense will be attached to the student’s
transcript and record only in cases where the student
has been certified for trial as an adult. In cases where
the student is under the jurisdiction of the juvenile
court, the notice will state only that a reportable
office has been committed by the student.
TAX
JUSTICE FOR A HEALTHY MISSOURI
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. 18 to hear House Bill 567 (Jeannette Oxford). H.B.
567 would revise the Missouri personal income tax by
making the income tax more progressive and thus more
based on a taxpayer’s ability to pay. Net taxes
for roughly the bottom 60 percent of Missouri taxpayers
would be reduced, while taxes for the top 20 percent
of taxpayers would increase. Missouri NEA supports this
type of progressive tax reform that will provide the
revenue Missouri needs to invest in public schools,
public higher education and other vital public services
like healthcare.
FEDERAL
ECONOMIC STIMULUS AID
The Senate Select Committee on Oversight of Federal
Stimulus Plan met on Feb. 16 to hold a conference call
with staff of the National Conference of State Legislatures
to get an update on details of the recently adopted
federal stimulus legislation. NCSL staff are constructing
new state-by-state estimates of aid in each of the portions
of the final bill. The final bill significantly reduced
state fiscal aid and education aid contained in the
version passed by the U.S. House of Representatives.
Specific aid for school construction was cut from the
final bill.
NCSL
staff indicated that Missouri can expect aid over the
27-month period from Oct. 1, 2008 to Dec. 31, 2010.
Missouri’s share of enhanced education funding
over the next two years is estimated to include $154
million in ESEA Title I funds, $48 million in ESEA Title
II and VII aid, $10 million for educational technology
and $224 million in IDEA Part B funding. Pell Grant
funding will increase to raise the maximum Pell Grant
by $500. Over the next two years, Missouri’s state
fiscal stabilization aid will include about $940 million
which may be used for schools, including $770 million
to increase basic school formula aid or higher education
funding while the remaining $170 million in aid will
have greater flexibility and may be used for school
construction, public safety and other government services.
The
Senate Appropriations Committee will meet on Feb. 17
to hear Senate Bill 313 (Gary Nodler). S.B. 313 creates
two separate funds in the state treasury to receive
the federal stimulus aid. One fund will receive aid
to increase the Medicaid Federal Medical Assistance
Percentage, which is the percent at which federal funds
support Medicaid expenditures in the state. The other
fund would receive the remainder of the federal economic
stimulus aid.
BUDGET
The House Appropriations-Education Committee met on
Feb. 17 to hear the Department of Higher Education budget
presentation of the governor’s budget proposal.
The committee met again on Feb. 18 to hear brief presentations
from various public higher education institutions around
the state regarding the impact of the core budget cuts
the committee has asked each institution to propose
based upon an overall funding reduction due to declining
state revenues. As of last week, House Appropriations
budget targets apparently did not factor in the roughly
$800 million in federal economic stimulus aid that the
governor’s budget includes for next year. If this
policy continues, all the House Appropriations subcommittees
must work to cut their share of another $800 million
from the general revenue budget, while the Senate Appropriations
Committee seems likely to incorporate the federal economic
stimulus funds into its version of the Fiscal Year 2010
budget.
TAX
CREDIT ACCOUNTABILITY
The Senate Governmental Affairs and Fiscal Oversight
Committee heard several Senate Bills affecting tax credit
accountability on Feb. 19:
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S.B. 142 (Matt Bartle) requires mandatory review
and sunset of certain tax credit programs. The bill
shortens the length of mandatory sunset provisions
on tax credits, requires a study committee report
on tax credits not subject to a sunset and disallows
tax credits for programs not subject to a sunset
unless those credits are approved by a concurrent
resolution adopted by both the House and Senate.
The MNEA supports this welcome effort to control
the financial impact of the state’s many tax
credit programs.
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S.B. 162 (Jason Crowell) establishes the Missouri
Accountability Portal as a permanent program. The
portal provides online access to detailed information
about tax credits across the state. The MNEA supports
this effort to promote transparency and accountability
in tax expenditures.
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S.B. 191 (Wes Shoemyer) caps tax credits approved
by the Missouri Development Finance Board at $10
million per year. Currently, the cap can be raised
each year without legislative action. The MNEA supports
this effort to treat tax credits and other tax expenditures
with the same level of scrutiny, accountability
and control that the legislature exercises on direct
state appropriations.
TABOR
The House Budget Committee voted House Committee Substitute
for House Joint Resolution 23 (Allen Icet) “do
pass” on Feb. 18. HJR 23 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 HCS version
makes several changes, including making the automatic
tax cut provisions temporary, rather than permanent
and creating a fund where revenues that can’t
be spent can be held and used subject to appropriations
approved by two-thirds majorities in both chambers.
The HCS version was passed by a vote of 16-13, divided
largely along party lines. Missouri NEA strongly opposes
HJR 23. TABOR-style limits are a proven failure and
will permanently diminish the state’s capacity
to invest in public education and provide appropriate
levels of public service.
EDUCATION
OF FOSTER CHILDREN
The Senate Seniors, Families and Public Health Committee
heard Senate Bill 96 (Jolie Justus) on Feb. 17. The
bill establishes the “Foster Care Education Bill
of Rights Act.” Each school district shall select
a staff person as the educational liaison for foster
care children. The liaison shall ensure and facilitate
the proper educational placement, enrollment in school
and checkout from school of foster children. Missouri
NEA supports the intent of S.B. 96 in improving continuity
of placement and school district involvement in the
planning of educational service for foster care students.
The
bill provides that a child placing agency shall promote
educational stability for foster care children by considering
the child’s school attendance area when making
placement decisions. The foster care child shall have
the right to remain enrolled in and attend his or her
school of origin pending resolution of school placement
disputes.
In
addition, each school district shall accept for credit
full or partial coursework satisfactorily completed
by a foster care pupil while attending a public school,
nonpublic or nonsectarian school. A school district
may permit access of pupil school records to any child
placing agency for educational case management needs
and to assist with the school transfer or placement
of a pupil.
S.B.
96 also contains language relating to education decision
making for foster children placed in private residential
care facilities by the Department of Social Services.
The bill creates a mediation process when the child's
family support team does not agree with the local school
district’s determination of the amount of educational
service to be provided to the student. The bill requires
the Department of Elementary and Secondary Education
to create an ombudsman to help the district and the
family support team work together to meet the educational
needs of the child.
Missouri
NEA supports the assumption expressed in the bill that
every child in public school deserves a full educational
school day, and will continue to work with the sponsor
to ensure a fair process for decisions regarding the
education of children in such residential care facilities
and fair compensation to school districts for services
provided to such students.
VOTER
ID
The House Elections Committee met on Feb. 17 to hear
House Joint Resolution 9 (Stanley Cox). The hearing
was not completed and will be continued on Feb. 24.
HJR 9 is similar to HJR 48 (Stanley Cox) from 2008 which
was filed in response to a Missouri Supreme Court ruling
handed down last session regarding the permissibility
of voter identification restrictions. HJR 9 allows the
legislature to require any person seeking to vote in
a public election to provide election officials a driver’s
license or other government-issued photo identification.
Missouri NEA believes voting is a constitutional right
that should not be restricted by unnecessary voter photo
identification requirements or other additional barriers
to the voting franchise.
The
Missouri Supreme Court struck down the photo voter identification
requirements enacted in Senate Bill 1019 (2006) as an
unconstitutional restriction on voter access and found
that this measure would have disproportionately suppressed
voter turn out of the poor, minority and elderly voters.
The MNEA opposes any attempt to enact further voter
ID restrictions or other measures that would have the
effect of suppressing voter turn out among the most
vulnerable of our citizens.
SENATE
EDUCATION COMMITTEE
The Senate Education Committee met on Feb. 18 to hear
two Senate Bills:
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S.B. 305 (Tom Dempsey) authorizes the creation of
science and technology districts throughout the
state. The bill creates nine “building excellence
in science and technology districts” within
the state to enhance the state’s capacity
for research, development, technology transfer and
technology commercialization. Each district will
be overseen by a commission that will receive, review
and prioritize applications for science and technology.
After approval, the commission may enter into contracts,
issue grants and provide support to science and
technology projects.
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S.B. 345 (Brad Lager) allows school boards to adopt
a four-day school week. This bill presents an option
for a substantial change in the school calendar
that will affect students, parents, staff and communities.
The MNEA notes that, while the proposal may offer
operational savings that may appeal to some districts,
significant concerns must be addressed concerning
the impact of four-day schooling on students, parents
and school employees. Lack of available child care
on the fifth week day could be a safety and educational
concern for students and a financial concern for
parents. The extended school day may create difficulties
for younger students and special education students.
The Association urges careful study of the experiences
that other states have had with this proposal prior
to passage of such a bill. Missouri NEA also urges
passage of a good collective bargaining law for
all school employees to ensure they have an effective
voice in improving their working conditions and
their students’ learning conditions.
In
addition to hearing the scheduled bills, the Senate
Education Committee voted S.B. 255 (David Pearce) “do
pass” on Feb. 18. S.B. 255 modifies the composition
of the Board of Curators for the University of Missouri,
as needed, to prepare for the possible loss of a Missouri
Congressional seat after congressional reapportionment
in 2010.
HOUSE
ELEMENTARY AND SECONDARY EDUCATION
The House Elementary and Secondary Education Committee
met on Feb. 18 to hear several House Bills:
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H.B. 488 (Rodney Schad) revises the laws regarding
the restructuring of an unaccredited school district.
The bill allows the State Board of Education to
postpone the date on which an unaccredited school
district will lapse. The bill also broadens the
purpose of the accreditation hearing, and allows
continued governance of a lapsed district by its
existing local school board under conditions established
by the state board.
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H.B. 490 (Rodney Schad) corrects a technical error
from the 2008 session and allows all public vocational
and technical schools to participate in the A+ Schools
Program without stipulations. The MNEA supports
this needed correction.
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H.B. 373 (Maynard Wallace) creates the General Educational
Development Revolving Fund. The source of funds
will be fees charged to GED test applicants. After
appropriation, the moneys in the fund will be used
for the costs of test administration.
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H.B. 682 (Terry Swinger) allows an exception for
the 2008-09 school year regarding the laws for school
make-up days due to inclement weather. Currently,
schools are required to make up the first six days
of school lost due to inclement weather and half
of the additional days lost in excess of the first
six. This bill allows an exception for the 2008-09
school year by capping the total number of make-up
days at ten, regardless of the number of additional
days lost due to inclement weather.
In
addition to hearing the scheduled bills, the House Elementary
and Secondary Education Committee voted the following
House Bills “do pass” as Consent Bills on
Feb. 18:
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H.B. 236 (Scott Lipke) requires school districts
to allow certain students with disabilities to participate
in graduation ceremonies after four years of high
school attendance.
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H.B. 682 (Terry Swinger) allows an exception for
the 2008-09 school year regarding the laws for school
make-up days due to inclement weather.
RETIREMENT
The House Retirement Committee met on Feb. 19 to hear
House Bill 265 (Ward Franz). The bill makes several
changes regarding the Public School Retirement System
of Missouri and the Public Employee Retirement System
of Missouri. The bill makes minor changes regarding
investment of funds and purchase of service credit.
Also, the bill specifies the order in which benefits
are paid to survivors after the death of a member, prohibits
additional nonprofit education organizations from joining
the systems and allows the systems to indemnify their
board members and employees.
HIGHER
EDUCATION
The House Higher Education Committee met on Feb. 17
to hear House Bill 498 (Cynthia Davis). The bill creates
the “Full-Time Mother Scholarship Bonus Program.”
The program would provide a college scholarship of $600
per year for tuition and books for any mother who has
chosen to stay home to raise a child under the age of
16 years. The bill raises several concerns, including
the fact that it is gender specific and would deny scholarship
aid to an otherwise qualified father who is staying
home to raise a child and also because there appears
to be no allowance for the participant to hire dependent
care for the time the participant attends classes.
PROPERTY
TAX
The House Ways and Means Committee heard House Bill
353 (Gary Duesenberg) on Feb. 19. The bill would allow
another homestead property tax exemption for low-income
seniors. Missouri NEA supports efforts to promote tax
fairness for low-income seniors, but believes the better
choice is to enhance the existing Missouri Property
Tax Credit Program, also know as the “Circuit
Breaker” which provides a state income tax credit
based on residential property taxes or rent paid by
low-income seniors. The MNEA believes that, if the additional
property tax exemption in H.B. 353 is granted, the tax
exemption must be automatically scaled to match the
state appropriation provided to fund reimbursements
to school districts and other political subdivisions
that lose revenue due to the property tax exemption
to ensure the bill does not create an additional drain
on local tax revenues. The bill’s fiscal note
estimates an impact of about $56 million per year to
local governments.
PERSONAL
FINANCE EDUCATION
The Senate Financial and Governmental Organizations
and Elections Committee met on Feb. 16 and heard Senate
Bill 151 (Dan Clemens). The bill provides that high
school students may not “test out” of the
one-half credit hour personal finance course requirement.
MATH,
ENGINEERING, TECHNOLOGY AND SCIENCE (METS)
The House Homeland Security Committee met on Feb. 16
to hear House Bill 506 (Doug Funderburk) that requires
the governor to designate the third week of March as
“Math, Engineering, Technology and Science (METS)
Week.”
HOLIDAY
NAMES
The House Tourism Committee will meet on Feb. 19 to
hear House Bill 340 (Mike Cunningham). The bill requires
state agencies, public schools and colleges and political
subdivisions to use the traditional names of holidays.
HIRING
DISCRIMINATION
The Senate Progress and Development Committee met on
Feb. 18 and heard Senate Bill 232 (Jane Cunningham).
The bill prohibits certain public agencies and political
subdivisions from discrimination based on an individual’s
elementary and secondary education program. Currently,
the Missouri Highway Patrol and certain other agencies
can only hire otherwise qualified candidates if they
have graduated from an accredited high school, not from
other non-accredited high schools or if they have been
home schooled.
CAPITOL
ACTION DAYS
MNEA Capitol Action Days will allow planned, face-to-face
contact with legislators throughout the legislative
session. Capitol Action Days continued this week on
Feb. 18 with 12 members from Governance District 2 coming
to the Capitol. Capitol Action Days will generally be
on Wednesdays starting in February and continuing through
the first week of May. Your MNEA calendar includes the
dates 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
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:
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Be
a part of your local Government Relations Team.
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Take the initiative to contact local legislators
now to discuss our key issues.
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Attend the legislative brunch or dinner in your
area.
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Attend the Missouri NEA Capitol Action Days for
your governance district. Capitol Action Days began
on Feb. 11 and include most Wednesdays until the
first week of May.
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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: 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 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
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