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2009 legislative session wrap up

Missouri NEA fought throughout the 2009 legislative session for its priorities for children and public education. A key focus was to protect and expand collective bargaining rights for all education employees. The other key effort was to maintain and improve funding for public education and to ensure the state maintains a fair, adequate and sustainable tax policy to support investment in public education and other vital services.

MNEA protects bargaining rights for employees

Missouri NEA 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.

Senate Bill 473 (Joan Bray) and House Bill 1159 (Tim Meadows) would establish a comprehensive bargaining law for all public employees, including all school employees. The bills provide a simple, clear framework for a discussion of all the key elements of a collective bargaining law. MNEA supports both bills.

S.B. 486 (Tim Green) and H.B. 1006 (Jeff Roorda) provide access to forming labor organizations and election of exclusive bargaining representation for all public sector employees, including K-12 and higher education teachers. The bills also reflect MNEA’s work in coalition with other public sector labor organizations and have the support of some public employer organizations. MNEA supports this bill as an important first step in fulfilling the constitutional collective bargaining rights of all public employees. S.B. 486 was heard in the Senate Small Business Committee but was not voted on.

MSTA again supported legislation that would have denied all Missouri teachers the opportunity to select a bargaining representative of their choosing through a free and uncoerced election. H.B. 805 (Kevin Wilson) specified that school boards would establish a policy to determine who represents teachers in a district, but a majority of teachers would not be guaranteed the right to elect a unified employee voice. MNEA opposed the bill. H.B. 805 was amended onto another bill but was not included in the bill that eventually passed.

An effective bargaining process must have a unified employee voice. Piecing a bargaining team together from various groups builds a communications gap into the process and leaves teachers scrambling for a cohesive voice. MNEA believes every student has the basic right to attend a great public school, and nothing should dilute the voice of teachers in how that is accomplished.

MNEA members built relationships with legislators in support of a consensus to support children, adequately fund public education and respect the rights of education employees. More than 1,000 MNEA members supported the Association’s efforts by keeping up to date on legislative events via the daily Legislative Update, coming to MNEA Capitol Action Days, calling legislators or sending e-mails in response to legislative-action alerts.

What passed?
For public education, the session was good from a policy point of view but not so good from a funding point of view. Following are the most important education-related bills that passed.

Omnibus Bill
The main education bill that passed was Senate Bill 291 (Charlie Shields). This omnibus bill comprises nearly 40 separate bills in one. Key positives include district-level teaching standards, better accountability for charter schools and their sponsors, modest improvements to the school funding formula, better support for students in foster care and new programs for student mentoring, persistence to graduation and volunteer support.

The provision of greatest concern is a mandated merit-pay program for St. Louis City, which requires participating teachers to permanently give up tenure in the district. The bill also adds another alternative teacher certification specifically for personal-finance instructors.
Other provisions will raise the compulsory attendance requirement to 17 years of age or completion of 16 credit hours, increase required physical activity in elementary schools and allow school districts to choose a four-day school week.

Budget
The K-12 education budget will continue the phase-in of the new formula. Federal budget stabilization revenues were used to fill in the gap in state general revenue, rather than increase funding for public education. Targeted federal stimulus funds, primarily in Title I and special education programs, will see significant increases for at least the next two years. Funding for professional development, on the other hand, was cut radically, from $15 million for the current year down to $7 million for next year.

What didn’t pass?
Beyond the failure to use stabilzation revenues to improve funding for public education, perhaps the greatest disappointment is the defeat of proposed improvements to early childhood education. Bills to establish a Quality Rating System for early childcare, S.B. 4 (Charlie Shields) and House Bill 387 (Wayne Cooper), and to increase the childcare subsidy eligibility for poor working parents, S.B. 94 (Jolie Justus), were stopped this session.

Bills to allow substantive due process for teachers, S.B. 287 (Kurt Schaefer) and H.B. 1030 (Rick Stream), made more progress this session but did not pass.

Numerous attacks on public education, in the form of mandates for tax credit vouchers, open enrollment, weakening accountability for discrimination in the workplace and imposing unfair provisions that stigmatize innocent education employees accused of child abuse or neglect were all defeated.

A host of harmful tax policy proposals that would make Missouri’s tax policy less fair, less adequate and less sustainable were debated but did not pass. These include eliminating the corporate income tax, cutting income taxes mainly for the wealthy, wiping out the income tax and imposing a massive sales tax hike, undermining the fairness of property tax assessments and restricting state appropriations to a consumer price growth factor that doesn’t keep pace with the economy as a whole. None of those provisions passed this session.

A number of joint resolutions were proposed to try to put constitutional amendments on the November 2010 ballot. Among these, MNEA fought the anti-union resolution known as the “secret ballot” provision, House Joint Resolution 37 (Mike Cunningham). The resolution passed the House but did not pass the Senate.

Learn more
For a more comprehensive list of bills that passed and those that didn’t and for more detailed discussion on key topics, please consult the final Missouri NEA Legislative Update #18 (dated May 20) at www.mnea.org/publications/legislative/index.htm.

Supporting details about any specific bill can be found at 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.

by Otto Fajen
MNEA legislative director

sb, summer '09

 

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