| By
Otto Fajen
MNEA Legislative Director
Number
8
Feb. 26, 2009
COLLECTIVE
BARGAINING
MNEA supports collective bargaining rights for all education
employees. An effective bargaining process must have
a unified employee voice. MNEA supports legislation
that would treat all public employees fairly and that
is built on broad consensus among public employee groups
and public employers. An effective bargaining law must
ultimately provide for exclusive bargaining representation,
a duty for both employees and employers to bargain in
good faith, binding agreements with a clear ratification
process and a fair process to resolve impasse and grievances.
Sen. Joan Bray filed Senate Bill 473 on Feb. 24. S.B.
473 would establish a comprehensive bargaining law for
all public employees, including all school employees.
The bill provides a simple, clear framework for a discussion
of all the key elements of a collective bargaining law.
The Association strongly supports the bill.
Another
important step took place on Feb. 25, when Sen. Tim
Green filed S.B. 486. S.B. 486 provides access to forming
labor organizations and election of exclusive bargaining
representation for all public sector employees, including
K-12 and higher education teachers. This bill also reflects
MNEA’s work in coalition with other public sector
labor organizations and has the support of some public
employer organizations. The Association strongly supports
this bill as an important first step in fulfilling the
constitutional collective bargaining rights of all public
employees.
SUBSTANTIVE
DUE PROCESS
Missouri NEA supports substantive due process for all
school employees. Sen. Kurt Schaefer filed Senate Bill
441 on Feb. 24. The bill would grant substantive due
process to all tenured teachers in Missouri. Due process
ensures a fair hearing on an employee’s employment
status, made by an impartial hearing officer. Real due
process protects education employees from potentially
arbitrary and capricious hiring and firing decisions.
Substantive due process empowers school employees to
speak honestly and openly about how schools can be improved
and will improve school climate and promote student
achievement. The MNEA strongly supports the bill as
both an enhancement of employee rights and a powerful
school improvement tool.
BUDGET
The Senate Appropriations Committee met on Feb. 23 to
hear the governor’s K-12 education budget presentation
from the Department of Elementary and Secondary Education
budget staff. The committee heard the governor’s
higher education budget presentation from Department
of Higher Education budget staff on Feb. 24.
The
House Appropriations-Education Committee met on Feb.
24 to hear more hear 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. The
committee met briefly on Feb. 25 to discuss recommendations
on K-12 and higher education spending for the full budget
committee. Initial indications two weeks ago were that
the subcommittee would be forced to ignore federal stimulus
and budget stabilization funds and make significant
new core cuts. Committee members had been asked to prioritize
various programs in the two budget bills via an anonymous
procedure, and the committee members received a sheet
that indicated the average rank for each program from
that prioritization process. With the inclusion of stimulus
and budget stabilization funds, it appears that the
committee will no longer be forced to make the large
core cuts as was previously indicated. Missouri NEA
supports incorporating federal economic stimulus revenues
into next year’s budget in a careful way to maintain
vital public services while seeking to address the structural
budget deficit, improve the fairness of the state tax
code and ensure adequate funding for public education
and other vital public services.
BUDGET
STABILIZATION
The Senate Financial and Governmental Organizations
and Elections Committee voted out Senate Joint Resolution
1 (Matt Bartle) “do pass” on Feb. 23. The
SJR would create the Missouri Savings Account and require
a portion of state general revenue growth to be placed
in the fund if growth exceeds three percent per year.
In years when state general revenues decline or there
is a budget shortfall, up to one-third of the Missouri
Savings Account can be used each year to fund state
programs. This SJR addresses the challenge of maintaining
adequate state revenues during economic slowdowns and
recessions and creates a structure for a usable budget
stabilization fund. Missouri NEA suggests that the language
be revised to make sure the amount of savings is a smooth
and predictable quantity and that the savings account
receives a portion of general revenue growth over the
three percent threshold, rather than the next two percent
of the increased growth.
TABOR
House Committee Substitute for House Joint Resolution
23 (Allen Icet) is now on the House calendar awaiting
floor debate. 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. 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.
HEALTHCARE
The Senate began floor debate on Senate Committee Substitute
for Senate Bill 18 (Joan Bray). The bill would create
the Missouri Universal Health Assurance Commission to
study implementation of a universal health assurance
program via a single-payer healthcare system for all
Missourians. The bill started as a mandate for a single-payer
healthcare system but, in committee, the bill was rewritten
to take a much smaller, but very important first step
of creating the study commission. Sens. Charles Shields
and Bray began with a calm and cordial discussion on
issues of universal coverage and the problems Missourians
currently face due to lack of healthcare access. The
bill was then laid over to await further debate.
The
MNEA 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.
FOUR-DAY
SCHOOLING
The House gave first round approval (Perfection vote)
to House Bill 242 (Gayle Kingery) that will allow school
districts to use a four-day school week. The only amendment
considered by the body was House Amendment 3 offered
by Rep. Margo McNeil, an MNEA leader and retired teacher.
H.A. 3 would have required districts to be accredited
with distinction by the state board before being allowed
to employ a four-day school week. The amendment was
narrowly defeated by a vote of 78-81. The bill was then
Perfected by a mostly party-line vote. The bill was
given final approval (Third Reading vote) on Feb. 26
by a vote of 101-60.
VOTER
PHOTO ID
The House Elections Committee continued its hearing
on House Joint Resolution 9 (Stanley Cox) 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 fundamental 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.
SCHOOL
RESOURCES FOR AUTISM
The House Health Care Policy Committee met on Feb. 24
to hear House Bill 76 (Sara Lampe). The bill changes
the laws regarding the identification, assessment and
education of children with autism spectrum disorder.
The MNEA supports the bill as a comprehensive, proactive
way to improve the training and awareness of public
school educators regarding autism and to improve the
state’s capacity to provide great public schools
for all students, including students with autism.
PUPIL
TRANSFERS
The House Urban Affairs Committee met on Feb. 23 to
consider House Bill 217 (Ted Hoskins) in executive session,
but delayed the vote until next week. The bill would
require the Department of Elementary and Secondary Education
to establish criteria for the admission or rejection
by adjoining accredited schools of nonresident students
from unaccredited districts. The bill does not specify
the criteria by which such decisions would be made.
Without further clarification, the bill may have the
effect of forcing districts to increase class size by
accepting a large number of nonresident students without
providing capital funding to increase school classroom
capacity.
HOUSE
ELEMENTARY AND SECONDARY EDUCATION
The House Elementary and Secondary Education Committee
met on Feb. 25 to hear four House Bills:
-
H.B.
689 (Rachel Bringer) makes criminal background checks
for teachers and other school personnel valid for
one year, even if they move from one district to
another or there is a change in the type of teacher
certification. The MNEA supports the bill as it
will reduce unnecessary cost and nuisance for many
teachers in the state.
-
H.B.
542 (Gina Walsh) recalculates the state school aid
for the Riverview Gardens School District to correct
an error in tax rate placement. The MNEA supports
this measure to correct a financial error by a former
district official that continues to have a profound
negative effect on the district’s state aid
that has amounted to more that $2 million per year
for the last three school years and continues throughout
the remainder of the new formula phase-in.
-
H.B.
509 (Rick Stream) requires school districts to have
physical education programs meeting certain requirements.
While the MNEA supports a strong commitment from
all schools to support a comprehensive program of
student wellness, including emphasis on good nutrition
and physical activity, the use of another state
mandate for physical education may create unintended
consequences for other instructional disciplines,
such as fine arts and social studies.
-
H.B.
304 (Rodney Schad) specifies what constitutes a
significant difference in the time involved in transporting
students for the purposes of elections to change
school district boundaries.
In
addition to hearing the scheduled bills, the House Elementary
and Secondary Education Committee voted out the following
non-controversial House Bills “do pass”
as Consent Bills:
-
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.
-
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.
-
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.
SENATE
EDUCATION COMMITTEE
The Senate Education Committee met on Feb. 25 to hear
the following Senate Bills:
-
S.B.
291 (Charlie Shields) allows school districts to
offer courses in a virtual setting and receive state
funding for virtual courses provided to resident
students. The MNEA supports this effort to allow
school districts to be leaders in virtual education
based upon the core values of public education:
fairness, equality, excellence and access.
-
S.B.
94 (Jolie Justus) increases the eligibility limits
on state child care subsidies. The MNEA strongly
supports this effort to help low income, working
parents model the value and dignity of work while
making sure their children have access to quality
early childhood instruction and child care.
-
S.B.
116 (Joan Bray) creates the Persistence to Graduation
Fund to distribute grants to certain school districts
for drop-out prevention efforts. Missouri NEA supports
the bill as a worthwhile step toward increasing
student academic attainment in districts across
the state.
The
committee hearing went beyond the scheduled time and
delayed Senate floor debate on S.B. 18 (Joan Bray) regarding
universal healthcare access. The committee was also
scheduled to hear S.B. 51 (Joan Bray) on Feb. 25, but
the hearing was postponed until next week due to lack
of time. S.B. 51 would require the State Board of Education
to use Missouri School Improvement Program standards
to evaluate charter schools and take appropriate remedial
actions consistent with those applied to school districts.
The MNEA supports this vital effort to establish appropriate
accountability for evaluating the performance of public
charter schools and to require appropriate remedial
action to protect the educational interests of students.
HIGHER
EDUCATION
The House Higher Education Committee met on Feb. 24
to hear two House Bills:
-
H.B. 631 (Timothy Jones) revises the Missouri Teaching
Fellows Program. The program is currently open to
qualifying high school seniors. The bill raises
the Grade Point Average requirement. Also, it allows
teachers who become certified after the bill becomes
law and agree to teach for five years in a district
that is not accredited to be eligible for a scholarship
under the program.
-
H.B. 515 (Gayle Kingery) revises 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. The bill requires that
at least one but no more than two persons be appointed
to the University of Missouri Board of Curators
from each congressional district.
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. 25 with 32 members from Governance Districts 1
and 5 coming to the Capitol. Attendees were able to
meet with Missouri Teacher of the Year and MNEA member
Margaret Williams from University City as she was at
the Capitol to be recognized by the governor and the
House and Senate.
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:
-
Be a part of your local Government Relations Team.
-
Take the initiative to contact local legislators now
to discuss our key issues.
-
Attend the legislative brunch or dinner in your area.
-
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.
-
Receive and read the 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.
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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