UNDER ATTACK

Michigan | Ohio | Wisconsin | Indiana | Idaho

 

 

Michigan

Bill attacks contract rights for all public school employees – HB 4152

MEA opposes House Bill 4152 and urges members to contact your state senator to tell them to continue to allow this issue to be decided at the local level.

The bill is an outright attack on collective bargaining that would have a devastating financial impact on every teacher, support staff employee and public employees in general.

HB 4152 is an amendment to PERA that caps wages and benefits at the level in effect when a collective bargaining agreement expires and until a new contract is in place. Any benefit cost increases after the contract expired must be paid by employees. The bill also prohibits the school district from implementing any step increases. No retroactivity would be allowed in the new agreement.

The Senate Fiscal Agency Analysis sees the costs savings when it says, "A protracted negotiation period could yield significant savings if step increases were not paid and increased health care costs were passed on to employees during that time."

HB 4152 destroys the idea of good faith bargaining. There's no incentive for a school district to settle in a timely fashion.

Emergency financial manager legislation deeply flawed

Power grab: Senate votes to expand reach of state takeover czars

The legislation will allow emergency financial managers to throw out union contracts and overrule elected officials, including school board members.

Gov. Rick Snyder has said he will sign the legislation. Under Snyder's proposed budget, the number of schools and municipalities that will qualify for a state takeover will dramatically increase.

As it stands, emergency managers of school districts will have authority to dissolve local school boards and merge districts with neighboring schools, cancel employee contracts or portions of contracts, and make other significant decisions that will impact students, employees, and communities.

Michelle Rhee, the former chancellor of schools in the District of Columbia known for her union-busting tactics, told Michigan lawmakers to eliminate teacher tenure and offer merit pay to improve student achievement. Speaking to a joint House-Senate committee, Rhee said reducing local control of local schools is a good idea because "decentralization of public education in this country has led to the problems we have now." House Education Committee Chair Rep. Paul Scott, R-Grand Blanc, opened the hearing by saying, "hopefully, the defenders of the status quo know that reform is under way."

Assuming Gov. Rick Snyder's budget proposal becomes reality, more than half of Michigan school districts could be in such severe financial crisis that a state takeover would be imminent this year or next; municipal governments would also be at risk. The Senate may vote as early as next week to allow a takeover czar to terminate public employee contracts, a disastrous move for educators and the students they serve.

As written, this legislation would allow the manager to void your contract -- including your salary, health insurance benefits, class sizes, seniority rights, and any other provisions -- and fails to address real, balanced solutions to the state's financial crisis. Refer your senator to MEA's "A+ Agenda" for ideas about how to help public schools and the state move forward.

 
 Mandatory outsourcing bill modified; jobs still at risk

MEA continues to oppose HB 4306

March 3, 2011 - In response to concerns from MEA members and public education supporters, legislation to require privatization of ALL school transportation, food service, and custodial jobs in Michigan was modified this week. Even with these changes, MEA still opposes House Bill 4306.

The latest version of House Bill 4306 would require districts to solicit bids for the jobs but falls short of mandating they fire employees and hire private companies to do their work instead.

MEA will be working to further amend the bill or stop it. We need your help: Contact your state representative and senator immediately to ask him/her to oppose this legislation, too.

The legislation usurps local control and would negatively impact students, schools, and communities. Thousands of Michigan workers stand to lose their jobs.

According to an analysis of House Bill 4306 by the nonpartisan House Fiscal Agency, outsourcing can lead to negative consequences, including increased costs.

"Some districts have found that maintaining district employees to perform these non-instructional services is less expensive than privatizing; thus, the bill could increase costs under certain circumstances by mandating the privatization of certain non-instructional services," according to the analysis.

The analysis further states: "Additionally, as the total payroll for school districts statewide diminishes, the required employer contribution rate for the Michigan Public School Employees' Retirement System (MPSERS) goes up in order to collect the required total contributions needed to fund the system."

Please take five minutes to contact your elected leaders. Share your personal stories about the impact of outsourcing; if your district has had a negative experience, tell that story. Explain how job losses will affect the local economy.
Here are some questions to ask:

Unemployment Benefits

Unemployment benefits for Michigan unemployed are at risk since a bill to allow $500 million in federal funds into the state was voted down yesterday. Rep. Barb Byrum, D-Onondaga, proposed the legislation.

More than 150,000 unemployed could be affected if the state House fails to act by next Friday on these extended benefits.
Last December, both Democrats and Republicans in Washington agreed to extend unemployment by 20 weeks for those who have gone through the maximum 79 weeks provided by state and federal benefits. Although the money has been approved, legislation making the state eligible to receive it must be passed.

Sen. Rick Jones, R-Grand Ledge, said a compromise could be possible if the extension also includes reforms to the unemployment benefits system.

SB 7 - require all public employees to pay at least 20 percent of their health insurance (at least 10 percent if the health plan includes a health savings account in combination with a high deductible health plan).

We need your help to inform lawmakers about the negative impacts of these proposals - please contact your state representatives and senators today to share your insights on these measures.

Budget

Gov. Rick Snyder's budget proposal today will affirm his promise to overhaul state taxes and spending, eliminating $1.7 billion in tax breaks for people who are wealthy, poor and in-between; making deep cuts to schools, universities, prisons and communities, and slashing business taxes $1.8 billion to spur job growth.

Here are some highlights of the plan:

• Public and private pensions and other retirement income, such as IRAs, would no longer be exempt from the state's 4.35% income tax.

• Tax credits for low-income people would be eliminated, as would credits for charitable giving. The $3,700 personal income-tax deduction would end for individuals earning $75,000 and couples earning $150,000.

• State workers would be asked for $180 million in cuts.

• Tax credits aimed at promoting things such as battery manufacturing, the movie business, brownfield redevelopment and other state-encouraged industry would end. About $25 million for film credits would be paid for from the 21st Century Jobs Fund. Last year, the state spent about $100 million for movie credits.

• State aid to local government not mandated by the constitution would be cut from $300 million to $200 million. Governments would have to compete for the money by showing they can consolidate services, reduce employee costs and be open to citizens about spending.

Snyder keeps promises with budget

The budget Gov. Rick Snyder will unveil today will make a lot of businesses happy, but it will undoubtedly offend just about every other constituency in the state with a slash here, a whack there and kicks every which way.

Which is what Snyder, the former businessman and self-described non-politician, promised he'd do.

The budget would cut state aid to public schools by another $300 per student, in addition to the $170 per-pupil cut that was enacted this year and will continue next year. That will make school officials howl.

Universities would receive 15% less from the state, but they would get some back if they held tuition increases to 7% or less. And, Snyder will propose ending income-tax credits for those who donate to universities.

That's among the myriad changes that would result in higher income taxes for individuals. Although Snyder wants to replace the maligned Michigan Business Tax with a flat 6% corporate tax on C corporations -- generally those that are publicly traded -- he plans to phase out the $3,700 personal income-tax deduction for individuals who make more than $75,000 a year and couples who make more than $150,000.

The state also would tax pensions now exempt from the income tax, a change that would affect about 900,000 taxpayers and bring in nearly $900 million more in state revenue.

All those changes would amount to an extra $1.7 billion that individuals would pay.

But when business tax cuts are considered, Michigan's overall tax burden would fall by about $250 million, which includes a scheduled rollback of the income tax rate from 4.35% to 4.25%.

State employees would be asked to give up $180 million in concessions. That could be reached if all state workers pay 20% of their health insurance premiums, instead of just new hires. Current employees pay 10% of their premiums.

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Ohio

OEA Legislative Watch

Do you know that the political process affects virtually everything in your school day?

Senate Bill 5 Passes the Ohio Senate 17-16 Despite Bi-Partisan Opposition

Senate Bill 5 will drastically curtail collective bargaining rights for public employees in Ohio, taking away their voice to advocate on behalf of the support they need to effectively serve Ohio’s students and citizens. Senate Bill 5 now heads to the Ohio House of Representatives, where the OEA will continue to fight this damaging legislation.

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Wisconsin

 

Take Action Now! Details becoming clearer on governor's plan to strip rights from workers

Details are becoming clear on the governor’s deficit bill details. As reported by state media, Gov. Walker’s budget adjustment bill items include:

Employee Compensation

State and Local Government and School District Labor Relations

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Indiana

SUMMARY OF BILLS OF INTEREST (As of March 2nd, 2011)

HOUSE OF REPRESENTATIVES

House Committees passed out Committee Reports on the following bills:

HB 1585 – Dues deduction and state employee reorganizations

Prohibits school employers and political subdivision employers (school districts are political subdivisions) from automatically deducting dues and fees from employees’ paychecks to pay for association dues and fees.

Prohibits state employees and employees of “instrumentalities of the state” (an undefined term that could be interpreted to include public school districts) from collectively bargaining—causing at the very least a legal conflict as to whether school employees could collectively bargain.

HB 1468 – Right to work

Prohibits “fair share” or “security clauses” in collective bargaining contracts. By its language would have included school employees—Fair share was prohibited for school employee contracts in 1995.

HB 1584 – School reorganization and waivers (deregulation)

The original version of this deregulation bill essentially makes “waiveable” most every law dealing with education, schools, school districts (with few exceptions), including teacher retirement, collective bargaining, teacher licensing, public records, open door laws, etc…

The Committee Report amended this bill to require the DOE to keep on its website a list of “suggested statutes” that school districts could waive and then requires the DOE to study with school administrators, school business officials and school principals (does not include teachers in these discussions) ways to “alleviate the regulatory burdens” that “negative impact student learning.”

HB 1479—Turnaround Academies

This bill would be effective upon passage (instead of July 1, 2011). In general, this bill sets up a new entity called a TURNAROUND ACADEMY and does the following:

Accelerates the consequences for certain schools.

Sets up a system through which potentially a minority of parents (51% of the students’ parents) can petition that certain schools immediately become Turnaround Academies managed by outside “special management teams”

NOTE: 51% of students’ parents could constitute a minority (depends upon the number of students per family that attend the school).

As to TURNAROUND ACADEMIES: If the SBE determines that a school should be closed or merged, it must become a Turnaround Academy. The SBE is authorized to make these decisions.

TURNAROUND ACADEMIES last for at least 5 year intervals, but the SBE shall determine how long these interventions last (plus or minus).

The DOE shall develop a turnaround plan for the school, working with a “special management team” (outside (for profit?) entity) approved by the SBE.

The special management team becomes the employer and is empowered to make all personnel decisions in the school and is not subject to collective bargaining laws (even if the special management team came from the school district).

A school district must lease the building and all of its contents, equipment, supplies and records for $1 per year to the special management team.

The SBE shall receive recommendations from the DOE and shall determine the amounts of state tuition support and federal funds that are necessary to fund options for improvement implemented by the SBE. The SBE and DOE determine how these turnaround academies are funded.

The DOE shall withhold the state tuition support and federal funds otherwise distributed to the school corporation for the affected students and shall enter into whatever contracts are necessary to implement the options for improvement implemented by the SBE,

The turnaround academy is entitled to per capita CPF and Transportation funding.

The Department of Local Government Finance is not required to review the budget for a turnaround academy.

 

HB 1001 – State Finance/School Funding Formula

HB 1003 - Vouchers/Private School Tax Credits

Expands the Private School Tax Credit: Phases in an increase in the existing tax credit for contributions made to “scholarship-granting” organizations—benefiting private schools. Current law sets the credit at 50% of the contribution

HB 1003 increases the credit from 50% of the contribution for 2011, to 60% in 2012, to 70% in 2013, and to 80% in 2014 and thereafter.

Phases in an increase in the statewide credit cap.

Current law limits this tax credit program to $2.5 million in credits granted every year (once $2.5 million in credits are given out, no more credits are available for that year).

HB 1003 automatically increases the cap in $10 million increments if in the immediately prior year, 90% of whatever the maximum cap was ends up being awarded. (Ex. The statewide cap will automatically increase to $12.5 million when in the prior year $2.25 million in credits are awarded (90% of $2.5 million)).

Creates a statewide private school voucher program: The amount of the voucher is the lesser of:

The sum of the tuition and fees required for enrollment or attendance at the private school.

An amount equal to 90% of the state tuition support amount if the eligible student comes from a household at the free or reduced lunch program (not to exceed $4500 for grades k-8).

An amount equal to 50% of the state tuition support if the eligible student comes from a household at not more than 200% of the free or reduced lunch program.

NOTE: The 200% income threshold for a family of 4 is > $81,000.

According to the LSA Fiscal Note, for every 1000 students likely to take advantage of vouchers, there will be a reduction in tuition support to public school districts of $3.4 million.

NOTE: HB 1001 (the budget/school formula bill) does not take into account the impact of a voucher program.

Private schools estimate that they currently have 20,000 available spaces.

HB 1003 does not in any way limit the expansion of Indiana’s private school capacity.

HB 1003 does not prohibit a private school that might currently charge less than the maximum voucher from increasing its tuition to match the maximum voucher amount.

Using the current 20,000 capacity, if 20,000 students take advantage of the voucher giveaway, the reduction in state tuition support for public schools would be $68 million.

HB 1260 - Health Insurance

Restricts the employer’s share of health insurance for school employees to not more than 12% of what the state pays for the state plan.

If a school district that is out of compliance after January 31, 2012, it must submit a plan to the state personnel department detailing how it will become compliant.

If a district does not submit a plan within that year and is still noncompliant after another year, then the school district must go onto the state plan.

1002 – Charter Schools

Has passed the House (59‐37) and moves to the Senate

Removes all existing caps on establishing charter schools.

Expands the number of entities that can sponsor a charter school from the existing Mayor of Indianapolis, state colleges (BSU has been the only one to take advantage), and school districts to the mayor of all 2nd class cities (population greater than 35,000), private nonproprietary colleges that are approved by the State Board of Education (SBE), and a newly created board called the Charter School Board (CSB) comprised of 7 members that include the State Superintendent, 2 governor appointees from opposite parties, and 4 members (one each appointed by each of the 4 legislative caucuses)

If a charter school has been placed in either of the 2 lowest accountability categories for at least 3 consecutive years (and the charter school has been in existence for at least 5 years), the SBE shall hold a hearing and shall do one of the following to the charter school:

Require the charter school to do a turnaround plan.

Transfer the sponsorship to the CSB.

Order the closure of the charter school on a date set by the SBE.

Reduce the amount of administration fee that the sponsor can get by up to ½ (the bill allows the sponsor to charge a 3% administration fee so this could cut that in half).

NOTE: There is one huge loophole in this—the SBE can determine that there is “sufficient justification” to explain the school’s performance (or lack of performance). Traditional public schools, by the way, do not have this loophole. Removes all caps on virtual charter schools and increases their reimbursement from 80% to 90% of the statewide average per pupil amount.

Currently, virtual charter schools must ensure that at least 75% of the students enrolled were included in the student count of a public school and the number of students was capped at 500 for 2011 and the program must focus on students who have medical disabilities or circumstances that prevent them from attending a traditional public school.

Gives significant statutory access to “unused” public school facilities.

Diminishes teacher collective bargaining rights in conversion charter schools.

SENATE

SB 1 – Teacher evaluation and salary has passed the senate and will move to the house without any substantial amendments.

Establishes an annual staff evaluation procedure categorizing teachers as highly effective, effective, improvement necessary, or ineffective. Those in lower two categories cannot receive an increment or a raise.

Repeals the minimum salary provisions basing teacher salaries on training and experience.

Teachers rated ineffective or improvement necessary shall develop, together with their evaluator, a remediation plan of not more than 90 school days to correct deficiencies noted in the evaluation.

Mentor teachers could evaluate fellow staff.

Money saved by not providing raises to ineffective or improvement necessary rated teachers would provide funds for raises to mentors and teachers rated effective and highly effective.

This poses a conflict of interest for the mentor who could increase funds available for their own raise by rating other teachers as ineffective or improvement necessary.

Teachers could earn additional compensation via an effective or highly effective evaluation or assignment to instructional leadershi8p roles including responsibility for conducting evaluations of other teachers.

Teachers may be dismissed if they receive an ineffective evaluation for more than one year; or 2 consecutive ratings of ‘improvement necessary; or 3 of more ineffective or improvement necessary ratings in any 5 year period.

Eliminates the Advisory board of the division of professional standards within the DOE and reassigns its duties to the State Board of Education.

Up to 50% of teachers in charter schools may be unlicensed but they must have a bachelor’s degree in the content or related area in which the individual teaches.

Replaces accredited teacher education schools with entities approved by the Department of Ed. for teacher preparation and training.

SB 575 – Collective bargaining/Due Process has passed the senate will some improvements but not enough for us to support the bill.

Bargaining is limited to salary, wages, and wage‐related benefits.

The collective bargaining agreement cannot include certain mutually‐agreed to items (due process beyond the statutory deadlines and process, school restructuring initiatives, dual credit staffing, evaluation procedures and criteria).

Discussion must occur on the following list of items:

SB 496 – School reorganization has passed the Senate and is moving to the house

Permits 51% of students’ parents in a school that is in the 3rd or subsequent year of placement in the lowest performance category to petition to reorganize the school by closing the school and transferring students to a higher performing school within the same school district; or reorganizing the school as a charter school.

NOTE: 51% of students’ parents could constitute a minority (depends upon the number of students per family that attend the school).

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Idaho

A bill to strip Idaho's public school teachers of much of their collective bargaining rights won final passage in the state Legislature on Tuesday and was awaiting the governor's signature to become law.

The measure, which cleared the Republican-controlled House on a vote of 48-22, would restrict collective bargaining for the state's 12,000 unionized teachers to salaries and benefits only, removing from labor negotiations such issues as class size and teacher workloads.

The legislation, which supporters have said is necessary to help rein in education spending, also would eliminate teacher tenure, limit the duration of teachers' labor contracts to one year and remove seniority as a factor in determining the order of any teacher layoffs.

Moreover, it would bar collective bargaining by a teachers' union altogether unless the union local could prove that it represented more than 50 percent of the teachers in that school district.

Crafted by Idaho's elected schools chief and backed by Republicans such as Governor Butch Otter and legislative leaders, the bill has sparked demonstrations by thousands across a state where public protests are relatively uncommon.

The outcry comes as efforts are under way by Republican leaders in Wisconsin and other states to curb unions representing teachers and other public employees.

The measure won approval last month in the Senate, also dominated by Republicans.

State Rep. Bob Nonini, chairman of the Idaho House's education panel, on Tuesday said the measure had less to do with labor relations than giving local school boards greater authority to reward good teachers and fire poor ones.

"We cannot leave good teaching to chance," he said.

Democratic lawmakers who opposed the measure sought to slow its passage by requiring the 25-page bill to be read aloud.

Boise Democrat Brian Cronin said the legislation was aimed at silencing teachers.

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