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By Otto Fajen
MNEA Legislative Director

Number 10
March 12, 2009

LEGISLATORS LEAVE ON SPRING BREAK
Both the House and Senate left for Spring Break in the afternoon of March 12. Legislators will return to session on March 23 after a one week break. The House has yet to complete work on the FY 2010 budget. The Budget Committee completed work on the budget bills, HBs 1-12 (Allen Icet) in a late night session on March 11 and the bills were reported to the floor on March 12, so they can be taken up when the legislature returns from Spring Break.

In a "typical" year, the House completes the budget and sends the bills to the Senate before leaving on Spring Break. However, this year the budget debate is anything but typical, due to the worsening economic situation, declining state revenues, a large state revenue deficit, new federal stimulus and stabilization revenues and the budget chair's withholding of roughly $900 million in general revenue from the budget process.

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.

SB 473 (Sen. Joan Bray) and SB 486 (Tim Green) address collective bargaining for all public employees, including all school employees, and were filed earlier in the session. Rep. Jeff Roorda filed HB 1006 on March 11. HB 1006 is a companion bill to SB 486 and 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.

BUDGET
The House Budget Committee considered numerous amendments to the budget bills (HBs 1-12) Allen Icet on March 11. As noted previously, Budget Chair Allen Icet has inserted federal stimulus and stabilization funds into the elementary and secondary education budget bill (HB 2) and is withholding a total of roughly $900 million in general revenue from the budget process. Committee members are not allowed to consider this revenue in the budget process, so all amendments to increase must be accompanied by a like decrease. Rep. Sara Lampe offered an amendment to restore $5 million in professional development funding by reducing formula transportation funding. The amendment was defeated. Other amendments offered to restore funding for Parents as Teachers and the Scholars and Fine Arts Academies were also defeated.

The Association believes that the current House budget process is fundamentally flawed. Proper decisions for budgeting and balancing priorities can not be properly made without having all the available funding on the table for consideration. Missouri NEA supports incorporating federal economic stimulus and stabilization revenues into next year's budget in a careful way to maintain vital public services, while also 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.

RESTORE PROFESSIONAL DEVELOPMENT FUNDING!
The House Budget Committee has eliminated state investment in professional development programs for teachers in House Bill 2 (Allen Icet). As recently as last year, the state invested $20 million per year in professional development. This funding supports many vital programs, including the Regional Professional Development Centers (RPDCs) that provide in-district training and improvement support all over the state. Funding for the current year was cut to $15 million, and services have been adversely affected already.

At a time when teachers are expected to know and do more and more, it is critical that the state play a leadership role in providing resources to help teachers improve their teaching. Our students need qualified, professional teachers who are supported by quality professional development programs that reinforce successful methods and help improve teaching practice. Professional development is how districts are able to implement successful programs across the district and ensure every child has access to a great public school.

The Governor's budget for FY 2010 only included $10 million for professional development and now the House Budget Committee has cut that funding to zero! This will directly affect the instruction our students receive, and the impact will only grow in magnitude over time.

TABOR
The House gave first round approval (Perfection vote) to HCS/HJR 23 (Allen Icet) on March 9 and then gave final approval (Third Reading vote) on March 12 by a vote of 82-78. 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.

HOUSE ELEMENTARY AND SECONDARY EDUCATION
The House Elementary and Secondary Education Committee met on March 11 and heard three bills:

1) HB 922 (Joe Smith) to require school districts to adopt policies on allergy prevention and response, with priority given to addressing potentially deadly food-borne allergies.

2) HB 659 (Gary Dusenberg) to revise the laws regarding special administrative boards appointed for lapsed school districts. In part the bill sets up a structure for moving away from an un-elected, administrative board and back to an elected board over time by electing new board members.

3) HB 717 (Steven Tilley) to establish several incentive pay programs for teachers. The bill takes $40 million per year of the Proposition A gambling funds out of the formula and uses part to fund an increase in the minimum teachers' salary from $25,000 to $27,000. The other part is used to fund a complex set of state-level performance and other incentives for teachers. Missouri NEA believes that teacher compensation plans should be negotiated locally through a collective bargaining process, not a program mandated or dictated by the state. School improvement is promoted by best practices, including a commitment to high teaching standards, adequate resources for staff, transparency of school operations.

In addition to hearing the scheduled bills on March 11, the House Elementary and Secondary Education Committee voted out three bills as Consent Bills:

1) HB 922 regarding school policies on allergy prevention and response.

2) HB 659 regarding special administrative boards appointed for lapsed school districts.

3) HCS/HB 304 (Rodney Schad) to specify what constitutes a significant difference in the time involved in transporting students for the purposes of elections to change school district boundaries.

The Committee was also scheduled to consider and vote on HB 387 (Robert Wayne Cooper), but the committee postponed the vote on the bill until after spring break. HB 387 creates a voluntary Quality Rating System for early child care facilities. Missouri NEA supports the bill.

SENATE EDUCATION COMMITTEE
The Senate Education Committee met on March 11 and heard three bills:

1) SB 453 (Rob Mayer) to revise the use of the Proposition A gambling revenues. The bill moves the funding out of the "state adequacy target", the per pupil amount in the formula and uses it to fund removing the 5% per year revenue growth cap on "performance district" revenues and also adds in a 25% pupil weight in the formula for gifted students. The Association supports this measure to better use the Proposition A revenues to support adequacy and equity of funding through the school formula.

2) SB 558 (Rob Mayer) to establish the Missouri Promise Program as a successor to the current A+ Schools Programs. The bill provides scholarships for use at public community colleges or vocational or technical schools and at certain two-year private vocational or technical schools, such as Ranken Tech. Attendance at an A+ high school is no longer required, but qualifying students must have attended a public high school in Missouri for at least three years prior to graduation, seek other sources of funding; earn at least a 2.5 GPA in high school, be enrolled full time at a qualifying school and maintain a 2.5 GPA.

The bill also provides scholarships at four-year schools for students who received an A+ Schools scholarship during the 2008-2009 academic year, previously received an A+ scholarship to a two-year school, or completed a designated Associate's Degree and enroll in an approved institution within nine months of completion. Scholarship students at four-year schools must maintain a 3.0 GPA and cannot receive a scholarship for more than six semesters.

The Association recognizes the value of the current A+ schools program, both for the high schools that participate in a rigorous review and alignment of curriculum and for students who benefit from opportunities for student mentoring and other aspects of A+ participation. Missouri NEA also supports the concept of the bill to invest in a strong program to expand and improve access and affordability of higher education for all Missouri students. A more comprehensive guarantee of support for college attendance can serve as a powerful tool in preventing high school dropout by giving more students hope of having enough financial support to attend a post secondary program.

3) SB 24 (Victor Callahan) to revise the use of the Proposition A gambling revenues. SB 24 contains the formula funding changes in SB 453 and also increases the special education per pupil weight from 75% to 85%. The Association supports this measure to better use the Proposition A revenues to support adequacy and equity of funding through the school formula.

The committee was scheduled to hear SB 373 (Rob Mayer), but the committee ran out of time and the hearing was postponed until after spring break. SB 373 creates procedures for open enrollment of public school students across school district boundary lines. Missouri NEA believes that the bill may undermine local accountability for ensuring equitable access to at-risk students and special needs students and may create opportunities for student athletics and activities recruitment. The bill does not fund the true costs to both the sending and receiving districts, including the cost of facilities in the receiving district, and has not been demonstrated serve the best interests of all students and schools.

The committee also voted out two bills:

1) SCS/SB 94 (Jolie Justus) to increase the eligibility limits on state child care subsidies. The Association 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. The SCS allows the qualification level to still be set by appropriations, and then adds a sliding scale up to 45% above the percentage of Federal Poverty Level set by appropriations. The SCS also started with the Quality Rating System language from SB 4 (Charlie Shields), but the QRS language was removed by a committee amendment offered by Sen. Scott Rupp.

2) SCS/SB 175 (Eric Schmitt) to require DESE to produce and distribute a guidance document known as "The Parents' Bill of Rights" for parents of children with an individualized education program.

SCHOOL RETIREMENT
The Senate Pensions Committee met on March 12 and heard SB 383 (Tom Dempsey). The bill caps the employee contribution rate for PSRS at the 13.5% contribution rate established by the Board of Trustees for the 2009-2010 school year. If required to reach actuarial soundness of the system, the Board may raise the employer contribution rate by up to one percent per year. The Association supports the bill.

SENATE DEBATES MORE BUSINESS TAX CREDITS
The Senate began floor debate on SCS/SBs 45 et al. (David Pearce) relating to business tax credits on March 11. SCS/SBs 45 et al. 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.

The Association 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.

PROPERTY TAXES
The Senate debated SS/SCS/SB 174 (John Griesheimer) on March 10, but did not complete debate. The bill makes a number of changes regarding property taxes. One important change would correct an unintended effect of SB 711 (Michael Gibbons) from 2008. SB 711 removed the authority for school districts and other taxing entities to levy at the rate in effect in the 1984 tax year, the year before major reassessments caused tax rates to be lowered. This change will force many taxing entities to lower tax rates substantially and may cause additional local funding problems for many schools and other local governments. The Association supports Sen. Griesheimer's effort to correct this problem in SB 174.

Sen. Jane Cunningham offered her SB 99, a form of property assessment freeze similar to California's problematic "Prop 13" as an amendment to the bill. Sen. Brad Lager offered a substitute amendment that would allow taxing entities to continue to levy the 1984 tax rate for the next five years and then require a roll back to the most recent voter-approved rate. Lager's substitute amendment was adopted, but Sen. Cunningham again offered an assessment freeze amendment and the bill was laid over on the Informal Calendar (essentially a parking lot for bills not yet approved) with Sen. Cunningham's amendment pending.

NO TAX JUSTICE IN "FAIR TAX"
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 heard HJR 36 (Ed Emery) on March 11. After hearing HJR 36, the committee approved HCS/HBs 814 & 318 by a party-line vote of 7-5. Those bills were heard in committee last week. The HCS is similar to HJR 36, except that it does not change the current constitutional sales tax levies for conservation and for parks and soil conservation. The HCS would eliminate the state income tax and replace it with a state sales tax.

Both the bills and the joint resolution would make Missouri's tax code profoundly less fair, less adequate and less sustainable. Missouri NEA strongly opposes this type of regressive tax change that will keep the Missouri from obtaining the revenue it needs to invest in public schools, public higher education and other vital public services like healthcare.

TAX DEDUCTION FOR SCHOOL EXPENSES
The House Tax Reform Committee heard HB 798 (Dwight Scharnhorst) on March 11. Beginning in 2012, the bill creates a state income tax deduction for parents of students enrolled in any grade from kindergarten to twelve in any public or private elementary or secondary school in the state to claim a deduction of up to $2500 for their student's tuition, attendance fees and school expenses. Missouri NEA opposes this additional tax expenditure, which is likely to amount to at least $25 million per year, particularly at a time when the state funding for professional development is being cut from the state budget due to lack of funding.

PROTECTING MISSOURI'S FAIR AND IMPARTIAL COURTS
The Senate Governmental Accountability and Fiscal Oversight Committee heard SJR 9 (Jim Lembke) on March 12. The SJR would revise Missouri's Non-Partisan Court Plan in a number of ways. Upon passage of this amendment, the terms of all members of the Appellate Judicial Commission and Circuit Judicial Commission would automatically expire. A new Governor could remove members of the commissions who were appointed by the previous Governor. These provisions will make the judicial selection process more political.

The SJR would also force all applicants to be publicly disclosed and require all interviews to be public meetings. This is likely to reduce the pool of qualified applicants, since relationships with clients or employers may be affected adversely by the knowledge that an attorney is considering applying for a court appointment.

The Missouri Nonpartisan Court Plan is essential for the state to select qualified judges in a way that limits partisan politics in the selection process. This non-partisan plan is so effective that a majority of states have adopted some version of the “Missouri Plan.” Fair and impartial courts are vital to democracy and the preservation of our rights, including the fundamental right of access to a great public school. The Association opposes the Joint Resolution and urges the General Assembly to refrain from any changes in the Missouri Non-Partisan Court Plan.

WORKPLACE DISCRIMINATION
The House Workforce Development and Workplace Safety Committee voted HCS/HB 227 (Ed Emery) Do Pass on March 10. HCS/HB 227 makes several changes to the state's anti-discrimination law in employment, disability and housing. The Association opposes the bill.

The most problematic change in the bill is the change of the definition of "discrimination". Currently, any "unfair treatment" based on race, color, religion, national origin, ancestry, sex, age in employment, disability or housing is unlawful. The bill would limit workplace discrimination to an "adverse action" motivated by one of those characteristics. "Adverse action" is a much narrower term that includes hiring, firing, failure to promote and other significant actions affecting an employee's status. Thus, the bill legalizes other unfair, discriminatory treatment of employees in the workplace. Such unfair treatment can create a hostile or unpleasant work environment for an employee without legally constituting an "adverse action."

Missouri NEA believes that unfair, discriminatory treatment in the workplace should remain unlawful. Rep. Tim Meadows offered an amendment, supported by MNEA, to maintain the existing definition of "discrimination," but the amendment was defeated.

TRANSFER OF SCHOLARSHIPS
The House adopted House Resolution 552 (Mike Dethrow) on March 9. The resolution disapproves the A+ Schools and other transfers proposed by Governor Jay Nixon within Executive Order 09-09. The Governor issued Executive Order 09-09 earlier this year to transfer the A+ School program to the Department of Higher Education along with transferring the other post secondary education assistance programs from other departments to DHE. Some concerns have been raised regarding this part of the move, since the A+ Schools program is not just a higher education scholarship but also a program within high schools to ensure all students pursue a course plan that leads to some meaningful option upon high school graduation. Now that the resolution is adopted, the budget bills will need to be revised to move the A+ funding back to HB 2 and DESE.

UM BOARD OF CURATORS
The Senate gave final approval (Third Reading vote) to SB 255 (David Pearce) on March 9. The bill 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 upon 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.

VOTER ID
The House Elections Committee met to vote on HJR 9 (Stanley Cox) on March 10, but the vote was postponed. The sponsor hopes to amend the HJR with an HCS that would include implementing language, but the HCS was not distributed in a timely fashion to the committee prior to the vote. 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 ID restrictions. HJR 9 will 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 Association 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 BOARD ELECTIONS
The House Elections Committee voted HCS/HB 173 (Stanley Cox) Do Pass on March 10. HB 173 requires that elections be held even if the number of candidates filing for a position is equal to the number of positions available. The HCS maintains an exemption for "township" county office elections. The Association supports the bill as a step in support of equal opportunity and democracy.

Currently, in an uncontested school board race, no election is held, and the district is not required to incur a cost for the election. In such a case, the filed candidates are assumed to be elected, their names do not appear on the ballot and the citizens do not have the opportunity to express their support or lack of support for such candidates. This situation also eliminates the possibility for a write-in candidate to declare candidacy before the election. As an unintended consequence in some circumstances, prospective school board candidates may be discouraged from filing, as this would cause the school district to be required to share the cost for a contested election. A citizen who runs for and serves on an elected school board is performing a valuable service to the community, and that opportunity for service should not be affected by school district financial considerations.

CAPITOL ACTION DAYS
MNEA Capitol Action Days allow planned, face-to-face contact with legislators throughout the legislative session. The next Capitol Action Day will be April 1, when members from Governance District 6 visit 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 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 GR 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 February 11 and include most Wednesdays until the first week of May.

5) Receive and read the daily MNEA Daily Legislative Update 2009 via email 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. 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