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By
Otto Fajen
MNEA Legislative Director
Number
14
April 16, 2009
SENATE PASSES ELEMENTARY AND SECONDARY EDUCATION
BUDGET BILL
The Senate gave final approval to its version of the
elementary and secondary education budget bill, Senate
Substitute for Senate Committee Substitute for House
Committee Substitute for House Bill 2 (Allen Icet) on
Apr. 14. It now returns to the House and will be sent
to budget conference. In conference, a committee of
five members from each chamber will meet to negotiate
an agreement on how to resolve the differences in the
House and Senate positions on budget items where the
versions differ. Final action on all operating budget
bills must be completed by May 8.
Overall,
the Senate position on H.B. 2 increases total appropriations
by about 1.5 percent, mainly due to the new Prop A gambling
revenues. General Revenue funding in H.B. 2 is reduced
by over 19 percent ($574 million), and this funding
is largely supplanted by a similar amount of federal
stabilization funding. Of that federal stabilization
funding, $500 million goes to the equity formula, $37.5
million goes to Career Ladder, $20 million goes to transportation
reimbursement aid, $5.3 million for the Rebuild Missouri
Schools Program, $1 million for equipment for state-operated
schools, $1 million for eMINTS, $750,000 for intra-district
transportation in St. Louis City and $200,000 for assessment
of public charter schools.
The
Senate position restores the governor’s recommendation
of $10 million in state funding for professional development.
While even the $10 million level represents a significant
cut from the current year level of $15 million and the
$20 million level last year, the Senate position sets
the upper limit for professional development funding
when the issue is debated in budget conference.
New
language in the Senate version imposes an itemized funding
amount for each program within the professional development
appropriation even to the level of specifying, for example,
that each of the Regional Professional Development Centers
will receive $219,230 in state funding next school year.
Notable among the valuable programs no longer in the
appropriation is funding to support teachers seeking
National Board Certification from the NBPTS.
The
MNEA appreciates the support of the Senate Appropriations
Committee to restore state professional development
funding and will need to work to support the Senate
position and maintain the $10 million investment in
professional development when H.B. 2 goes to conference
within the next few weeks.
On
other key funding items, the House’s 10 percent
cut of $3.43 million from Parents as Teachers funding
was retained by the Senate, assuring that the loss of
PAT funding will occur next year. Also, the entire $3.37
million in Safe Schools funding was eliminated.
HIGHER
EDUCATION BUDGET BILL
The Senate gave final approval to its version of the
higher education budget bill, Senate Substitute for
Senate Committee Substitute for House Committee Substitute
for House Bill 3 (Allen Icet) on Apr. 14. It increases
total funding by about $69 million by adding about $176
million in federal stabilization funds while reducing
General Revenue by about $107 million. Following is
how the federal stabilization funds will be used: $105
million to supplant General Revenue core funding for
the various community colleges and four-year public
institutions around the state; $60 million for one-time
capital improvement funding for community colleges,
Linn State Technical College and four-year institutions;
$6.55 million to fund the operation of the Mid-Missouri
Mental Health Center which is being taken over by University
Hospital and Clinics; and, $3.3 million to MORENet for
one-time equipment expenses.
NO
TAX JUSTICE IN “FAIR” TAX
The House gave first round approval (perfection vote)
to House Committee Substitute for House Joint Resolution
36 (Ed Emery) on Apr. 14. It was given final approval
(Third Reading vote) on Apr. 16 by a vote of 90-65.
The HCS eliminates the state income tax and replaces
it with a state sales tax. The state needs a fair, adequate
and sustainable tax policy to fund investment in public
schools and other vital services. However, the joint
resolution would make Missouri’s tax code profoundly
less fair, less adequate and less sustainable.
The
resolution is supposed to be revenue neutral in the
aggregate, but it will shift taxes from wealthier taxpayers
to the working poor and middle class. Also, based on
figures from the state tax expenditure report, the specified
new sales tax rate of 5.11 percent would fall at least
$1.5 billion short of replacing the roughly $6 billion
in state income tax eliminated by the joint resolution,
and a higher sales tax rate will be needed. Missouri
NEA strongly opposes this type of regressive tax change
that will keep Missouri from obtaining the revenue it
needs to invest in public schools, public higher education
and other vital public services like healthcare.
PROPERTY
TAX FREEZE
The Senate Governmental Accountability and Fiscal Oversight
Committee heard Senate Joint Resolution 18 (Jane Cunningham)
on Apr. 16. It limits increases in assessed value for
real property to two percent every two years (after
reassessment) until such time as the property is sold.
Missouri NEA opposes the joint resolution. After the
hearing, the bill was defeated in committee by a vote
of 3-4. Sens. Rita Days, Kurt Schaefer, Wes Shoemyer
and Bill Stouffer voted against the SJR, while Sens.
Brad Lager, Jim Lembke and Chuck Purgason voted in favor.
This
scheme is akin to California’s problematic “Prop
13” limitation that is currently wreaking havoc
on city and county funding due to declining home assessment
values that will not recover for a generation, even
if housing market values recover. Missouri already provides
an income tax credit for low-income seniors based on
homestead rental or property taxes paid and a separate
property tax homestead exemption. A third option is
to allow property tax increases to accumulate as a lien
against the value of a house and have the state reimburse
local governments for the lost revenues.
SCHOOL
FUNDING
The Senate gave final approval (Third Reading vote)
to Senate Committee Substitute for Senate Bills 453
& 24 (Rob Mayer and Victor Callahan) on Apr. 16.
It revises 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 five percent per year
revenue growth cap on “performance district”
revenues and adds in a 25 percent pupil weight in the
formula for gifted students. The bill also runs all
gambling funds through the existing Classroom Trust
Fund while ensuring that any increases over next school
year’s CTF amount will go to school operating
funds, not capital projects. The MNEA supports the bill’s
improvements to the state school funding formula that
will help improve adequacy of funding for our students.
HOUSE
COMMITTEE HEARS SENATE OMNIBUS EDUCATION BILL
The House Elementary and Secondary Education Committee
heard the Senate’s omnibus education bill: Senate
Substitute for Senate Committee Substitute for Senate
Bill 291 (Charlie Shields) on Apr. 15. The original
bill allows school districts to offer virtual courses
to resident students and count the courses for formula
aid purposes. It includes many other provisions affecting
school funding, school governance and transition, early
childhood, teaching standards, school records, special
education, charter schools, open enrollment, school
facilities, school activities, physical education, alternative
certification for finance teachers, volunteering, mentoring
and performance pay schemes.
The
MNEA supports the original bill, the school funding
provisions and many other provisions in the bill including
provisions on teaching standards, school records, dropout
prevention, charter schools and continuity of education
for children in foster care. However, concerns remain
regarding the alternative teacher certification for
finance teachers, the performance pay scheme, open enrollment
for foster students, physical education mandates, use
of seclusion for special education students and the
school activities provisions. The Association will work
on the House side to make sure these concerns are addressed
or to have the problematic provisions removed from the
bill.
The
House committee will likely consider and add other provisions
to S.B. 291 in executive session on Apr. 22. Some possible
amendments include: improvements to the Small School
Grants program, a fuel tax exemption for school buses,
the optional four-day school calendar, school retirement
“cleanup” provisions and the tax rate “fix”
for last year’s S.B. 711 (Michael Gibbons) to
ensure school districts and other taxing entities can
continue to levy the rate previously authorized in 1984
prior to the major reassessment at that time if that
is the district’s highest previously-voted levy.
SENATE
EDUCATION COMMITTEE
The Senate Education Committee met on Apr. 15 to hear
and vote on the following consent House Bills:
1.
H.B. 236 (Scott Lipke) requires school districts to
adopt policies to allow students with a disability to
participate in graduation ceremonies with their graduating
class. A Senate Committee Substitute version of the
bill was voted “do pass” as a consent bill.
2.
H.B. 289 (Maynard Wallace) modifies provisions relating
to special education due process hearings. The bill
was voted “do pass” as a consent bill.
3.
H.B. 373 (Maynard Wallace) creates the General Educational
Development Revolving Fund for the payment and expenses
related to GED test administration. A Senate Committee
Substitute version of the bill was voted “do pass”
as a consent bill. The SCS version adds the Public School
Retirement System and the Public Education Employee
Retirement System cleanup provisions contained in Senate
Committee Substitute for House Bill 265.
4.
H.B. 488 (Rodney Schad) 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. A Senate
Committee Substitute version of the bill was voted “do
pass” as a consent bill.
5.
H.B. 490 (Rodney Schad) corrects a technical error from
last session regarding requirements for public career-technical
schools to participate in the A+ Schools Program. The
MNEA supports the bill. The bill was voted “do
pass” as a consent bill.
6.
H.B. 506 (Doug Funderburk) requires the governor to
issue an annual proclamation designating the third week
of March as “Math, Engineering, Technology and
Science Week.” A Senate Committee Substitute version
of the bill was voted “do pass” as a consent
bill.
7.
H.B. 659 (Gary Dusenberg) allows the State Board of
Education to establish a structure for moving away from
an unelected, administrative board that is governing
a lapsed school district and back to an elected board
over time by electing new board members. A Senate Committee
Substitute version of the bill was voted “do pass”
as a consent bill.
8.
H.B. 682 (Terry Swinger) creates an exception for the
2008-2009 school year for the number of school days
to be made up due to inclement weather. The MNEA supports
the bill. The bill was voted “do pass” as
a consent bill.
9.
H.B. 922 (Joe Smith) requires each school district to
adopt a policy on allergy prevention and response. A
Senate Committee Substitute version of the bill was
voted “do pass” as a consent bill.
QUALITY
RATING SYSTEM FOR EARLY CHILD CARE
The House began debate on House Bill 387 (Robert Wayne
Cooper) on Apr. 15 but did not bring the bill to a vote.
It 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.
HEALTHCARE
ACCESS
The Senate gave final approval (Third Reading vote)
to Senate Substitute for Senate Bill 306 (Tom Dempsey)
on Apr. 16. It establishes the Show-Me Health Coverage
plan within the Department of Social Services to provide
health care coverage through the private insurance market
to low-income working individuals in the state. The
maximum enrollment of plan participants is subject to
appropriations. Under the plan, a health care account
is established for each individual and payments for
his or her participation can be made by the individual,
an employer, the state, any philanthropic or other charitable
contributor. An individual’s health care account
shall be used to pay the individual’s deductible
for health care services under the plan.
Missouri
NEA supports the bill. The Association supports universal
health care for all students, staff and all other Missourians
as a basic right. The private insurance market and employer-provided
insurance is the main option for many Missourians who
currently have health care coverage and will 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.
RETIREMENT
The Senate gave final approval (Third Reading vote)
to Senate Committee Substitute for Senate Bill 383 (Tom
Dempsey) on Apr. 16. It establishes the Joint Interim
Committee on the Public School Retirement System of
Missouri to function during the legislative interim.
The Joint Interim Committee will study issues such as
contribution rates by employers and members, long-term
solvency of the Public School Retirement System of Missouri
and issues affecting other state retirement systems
that may similarly impact PSRS.
WORKPLACE
DISCRIMINATION
The Senate Jobs, Economic Development and Local Government
Committee heard House Committee Substitute for House
Bill 481 (Timothy Jones). It bans punitive damages on
unlawful workplace discrimination claims against public
employers and extends that ban to similar claims against
the employer’s officer or employee. The MNEA opposes
the bill. The bill will undermine accountability for
unfair, discriminatory treatment of employees in the
workplace. Such unfair treatment can create a hostile
or unpleasant work environment for an employee without
creating sufficient financial loss to make recovery
by lawsuit a viable option if punitive damages are not
an option for the court. Missouri NEA believes that
unfair, discriminatory treatment in the workplace should
remain unlawful, and that the law should maintain an
effective process by which those who commit such acts
may be held accountable and future acts may be effectively
deterred.
SCHOOL
NUTRITION
The House Health Care Policy Committee heard two House
bills relating to school nutrition on Apr. 15:
1.
H.B. 900 (Steve Brown) requires school meals to derive
no more than 30 percent of their calories from fat and
to limit saturated fat to less than 10 percent of the
calories as measured over the school day.
2.
H.B. 901 (Steve Brown) establishes minimum nutritional
standards for food and beverages sold or provided to
students during the school day.
The
MNEA supports both bills as efforts to ensure that public
school programs provide students with well-balanced
meals and nutritious food choices so that they are able
to stay healthy and succeed in school.
PUPIL
TRANSFERS
The House gave first round approval (perfection vote)
to House Committee Substitute for House Bill 217 (Ted
Hoskins) on Apr. 15. The House gave final approval (Third
Reading vote) to the bill on Apr. 16 by a vote of 88-64.
It requires accredited school districts to specify the
reason for rejection of transfer requests from nonresident
students from adjoining, unaccredited districts. Also,
the bill provides that the State Board of Education
shall hear appeals of such decision but does not specify
the criteria by which such appeals would be reviewed
or decided.
KANSAS
CITY SCHOOL BOARD ELECTIONS
The House Elections Committee heard Senate Committee
Substitute for Senate Bill 253 (Jolie Justus) on Apr.
16. It provides that vacancies on the Kansas City Missouri
School District Board of Directors shall be filled by
special election, rather than by appointment by the
remaining members of the board.
EDUCATION
OF FOSTER CHILDREN
The House Children and Families Committee heard Senate
Committee Substitute for Senate Bill 96 (Jolie Justus)
on Apr. 15. It establishes the Foster Care Education
Bill of Rights Act. 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. It was heard as a
consent bill, but was not voted out by the committee
due to controversy over a proposed House Committee Substitute
which will add other provisions to the bill. The committee
adjourned without voting on the bill. Under House rules,
the bill can no longer be a consent bill because Apr.
15 was the last day for a Senate consent bills to be
voted out and placed on the consent calendar.
CAPITOL
ACTION DAYS
MNEA Capitol Action Days allow planned, face-to-face
contact with legislators throughout the legislative
session. Capitol Action Days continued on Apr. 15 when
nine members from Governance Districts 6 and 9 visited
the Capitol. Capitol Action Days will generally be on
Wednesdays and will continue 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
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