Return to Top

Insurance Abortion-Ban Bills Have Collective Bargaining Implications

On the last day of session the Legislature approved, House Bill 4828 (Hager-R), Senate Bill 645 (Jaye-R), and Senate Bill 794 (Emmons-R), banning health insurers from offering coverage for any elective abortions (defined as any abortion not needed to save a mother’s life with no reference to her health or to cases of rape and incest) unless an employer made the coverage part of a rider that the employer paid for.

An employer could buy an optional rider to provide coverage for an elective abortion if the cost of the rider were not factored into any premium amount for which individual employees contributed a portion of the premium paid, either directly or through payroll deduction.

The employer is required to notify each employee that elective abortions will be included as a rider to his or her health benefits and that the coverage could be used by a minor or dependent females without notice to the employee.

The bill affects Blue Cross/Blue Shield of Michigan coverage, and will prohibit the company from automatically offering coverage for elective abortions. A company, or a negotiated labor agreement, will have to request the coverage. The bill will take effect on July 1, 2001, and will apply to certificates, policies, or contracts delivered, issued, or renewed in Michigan after that date.

Return to Top

Speech & Language Services Bill Awaits Governor's Signature

Senate Bill 501 (Emmons-R) will permit school districts to employ a person who does not hold a teaching certificate to provide speech and language services, if the person meets the requirements for speech-language certification by the American Speech-Language-Hearing Association, notwithstanding any other provisions of the School Code or a rule to the contrary. A person who does not hold a teaching certificate, however will not be assigned to serve as a classroom teacher.

The current administrative rules for special education requiring speech and language personnel to hold a master’s degree in speech and language pathology, have met a specified number of semester hours of academic credit in human communication and development, plus clinical techniques for evaluation and management of speech and language disorders still apply.

Return to Top

School Employee Liability Bills To Become Law

House Bills 5255 and 5256 are designed to limit civil and criminal liability for school employees who have minor physical contact with students in the course of maintaining an orderly educational environment or protecting individuals from harm, while preserving the current absolute prohibition against corporal punishment.

Current law prohibits corporal punishment, which is the deliberate infliction of pain on students for the purpose of punishing them. However, the law permits school employees to use reasonable physical force to maintain order and control in school, to protect a student or other person from physical harm, or to protect property from harm.

Under House Bill 5255 (Richner-R), a school employee who uses physical force in compliance with the school code is not subject to a lawsuit unless the employee is grossly negligent or willfully violates the law. It also provides that school administrators may discipline employees who violate the law willfully or with gross negligence. It will still allow a school board to adopt a more restrictive policy on the use of physical force.

House Bill 5256 (Hager-R) provides that a school employee, who uses reasonable physical force in compliance with the provision of the school code, is not guilty of assault or battery. This provides clear guidance to police and prosecutors who are faced with complaints about school employees who are trying to do their jobs.

We want to thank Attorney Mark Cousens for testifying at the Senate Education Committee meeting on this issue. He did an outstanding job expressing the MFT&SRP’s position that we do not want to abuse children, but we do want to maintain a safe and orderly environment for all students and school employees.

Return to Top

Reading Credit Requirements Revised

HB 4378 (Bob Brown-D), requires the Governor’s signature before becoming law. This bill will require the Superintendent of Public Instruction to issue a teaching certificate only to a person who meets the elementary or secondary, as applicable, reading credit requirements established under Superintendent of Public Instruction rule.

Within one year after the bill’s effective date, the Superintendent in cooperation with appropriate curriculum specialists and teacher educators, will have to revise existing reading standards to recognize reading disorders and to enable teachers to make referrals for instruction and support for pupils with reading disorders.

Return to Top

Mercury Ban in Schools Soon to Be Law

Senate Bill 1262 (Shirley Johnson-R) will prohibit public and nonpublic schools from purchasing, storing, or using free flowing elemental mercury for an experiment, display, or other purpose, including use of an instrument that contains mercury such as a thermometer, barometer, sphygmomanometer, or manometer containing mercury.

If not reasonably acceptable mercury-free alternative exists, then an instrument can be used that contained the lowest mercury content available on the market. The bill also requires schools to dispose of mercury and instruments containing mercury in a way that is acceptable under state and federal law.

Return to Top

Revised Concealed Weapon Law Sent to Governor

House Bill 4530 (Green-R) establishes revised criteria for applying for a license to carry a concealed pistol. A licensed individual cannot carry a concealed pistol on the premises of any of the following:

• A school or school property, except that a parent or legal guardian of a student of the school is not precluded from carrying a concealed pistol while in a vehicle on school property, if he or she is dropping off or picking up the student from school.

• A public or private day care center, child caring agency, or child placing agency.

• A sports arena or stadium.

• A dining room, lounge, or bar of a premises licensed under the Michigan Liquor Control Code. (This does not apply to an owner or employee of the premises.)

• Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding officials of the premises permits the carrying of a concealed pistol on that property.

• An entertainment facility with a seating capacity of 2,500 or more individuals.

• A hospital.

• A dormitory or classroom of a community college, college, or university.

Return to Top

Privatization of Substitute Teachers

Senate Bill 1249 (Shirley Johnson-R), allowing school districts to contract for substitute teachers, died in the House. However, we do expect similar legislation to be introduced again next year.

Return to Top

New Accreditation Process Forthcoming

The Michigan Department of Education's revised accreditation system will be implemented in school districts after the first of the year. The new system provides for four levels of accreditation, based primarily on MEAP scores in the building. At least 80 percent of the students in a building must take the MEAP test for its scores to count, and the department would like to move that to 95 percent over time.

Schools with 75 percent or more of the students scoring satisfactorily on the math, reading and science tests will be Summary Accredited. Schools with more than 50 percent satisfactory will be Accredited with Recognition, while those with more than 25 percent will simply be Accredited. Those with less than 25 percent will be Unaccredited.

The Michigan Merit Scholarship Program has increased participation at the high school level, but many elementary and middle schools will have difficulty meeting the participation requirement. The new threshold will also create difficulties for schools struggling with one subject, such as schools with a high percentage of ESL students.

In addition to the MEAP scores, schools will also be judged on whether they are meeting school improvement goals. The Adequate Yearly Progress Standards used for the federal Title I program for at-risk students will be expanded to all districts as part of the accreditation program.

Each school will also be required to submit a report outlining three areas where it is trying to improve and three areas where it has improved and how it achieved the goal. Lack of the report will not leave a school unaccredited, but it will prevent a school from achieving Summary Accreditation.

Technical Assistance Grants, which provide $1.5 million to three providers statewide, are part of continued efforts to provide assistance to local school improvement teams. The money is also used for professional development. Grantees for the 2000 - 2001 fiscal year include Wayne County RESA for the Achievement Group.

An additional $1.5 million will be provided through the Partnership for Success Program. The program provides persistently low-performing schools with sustained, on-site, direct technical assistance. This program will be piloted with capacity for ten school buildings beginning in August 2001 and will place one selected and trained Partner Educator into each of the identified buildings.

In January 2001, the Department of Education will accept applications from educators interested in assuming the role of Partner Educator. The deadline for applications is February 15, 2001. To request an application, call 517-241-4285 or email MitchellRS@state.mi.us. For additional information about the program call Cheryl Poole at 517-241-4546 or email PooleCL@state.mi.us.

Return to Top

Golden Apple Award

The Golden Apple Award was established in July 2000 by Public Act 297 of 2000 to recognize elementary school achievement on fourth- and fifth-grade MEAP tests. To qualify, schools must have at least 50 pupils, at least 80% participation in taking the MEAP tests, and a composite score increase of at least 60 points over a three-year period (academic years 1997-1998 through 1999- 2000). For purposes of this award, these schools are referred to as "most improved."

Winners receive $1,000.00 per each full-time employee who works in the eligible elementary school plus $10,000.00 to be allocated to the principal of the school for school improvements, but shall not be less than $50,000.00 per recipient school. All money allocated per full-time employee shall be used for school improvements, as determined collectively by a majority vote of those employees. The cash awards will be distributed to the schools on January 20.

Additionally, a Golden Apple is awarded to the 10 highest achieving elementary schools in each athletic class (A, B, C and D) of the associated high school. For purposes of this award, these schools are referred to as "high achieving."

For 2000, there are 182 recipient schools. MFT&SRP schools included on the list are:

2000 Golden Apple "Most Improved" (60+ points)

2000 Golden Apple "High Achieving"
(Top 10 elementary schools in each associated high school athletic class size)

Return to Top

A N N O U N C I N G . . . .

Lobby Day 2001
Wednesday, February 7
New Format:

LUNCH WITH YOUR LEGISLATORS
Registration Packets Will Be Mailed Soon