David Hecker
President

Lois Lofton Doniver Secretary-Treasurer

Louise Somalski
Legislative Coordinator

July, 2007

Links to current Advocacy Campaigns
may be found in the Legislative Action Center

Fiscal Year 2008 Budget Status

With their new budgets taking effect July 1, education employees around the state are being told to prepare for the worst and hope for the best as lawmakers tackle 2007 - 2008 education budget bills.

It is estimated that the legislature will not pass its fiscal year 2008 budget until September. Lawmakers are not required to present a '08 budget to the Governor until Sept. 30, three months into all education institutions' new fiscal year.

It has been suggested that some legislators may want to push a resolution of the 2007 - 2008 budget into October in order to create an atmosphere to allow for a tax increase. Some believe a crisis situation may make it easier for Legislators to vote for necessary revenue.

Lt. Governor John Cherry said that the Legislature may not leave itself with any option but to boost taxes, unless it was willing to pass bills that would cut budgets to the estimated $1.8 billion deficit now forecast for the 2007 - 2008 fiscal year.

PLEASE CONTINUE TO CONTACT YOUR STATE LEGISLATORS EMPHASIZING THE IMPORTANCE OF PROMPT ACTION ON THE FISCAL YEAR 2008 EDUCATION BUDGETS.

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Panel to Examine Retiree Health Care

The House Retiree Health Care Reforms Committee has been created and assigned to develop a new strategy toward retiree health care. Representative Mark Meadows (D-East Lansing) will chair this committee and other members are: Andy Coulouis (D-Saginaw); Brain Calley (R-Portland); Dudley Spade (D- Tipton); Marty Knollenberg (R-Troy); Bert Johnson (D-Highland Pak); and Lorence Wenke (R-Richland).

The committee has been asked to come up with a legislative proposal by September. The panel will review the current scope of benefits offered in the four retirement plans, the cost of administering the programs, stop loss provisions, prescription drug costs, the program's association with Medicare and how to fund the result of those reforms.

Most states provide employee and public school employee benefits upon retirement and many are also looking at cost containment measures for their health care liabilities down the road. As reported, there has been a slight trend of reducing the benefits offered, either through implementing a service test, increasing co-payments for care or restricting what is covered.

When asked why the panel is not looking at retiree benefits as a whole, Chairman Meadows said the pension system for both public and public school employees is in good shape but he expects the committee's assignment will not end with its health care proposal.

The Retiree Health Care Reforms Committee will be meeting most Thursdays in August and September at 10:30 a.m. in Room 521 of the House Office Building. They will be taking testimony from various state officials, financial analysts, and interested organizations.

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Senate Approves Common School Calendar Bill

All school districts in an intermediate school district would have to operate under a common school calendar under Senate Bill 549 (Jelinek, R-Three Oaks), that passed the Senate on a 20-17 vote.

The bill would do the following:

• Require an intermediate school district, in cooperation with its constituent districts, to adopt a common calendar for all of its constituent districts and ISD programs by July 1, 2008 and post the common school calendar on its website.
  
  
• Require the calendar to identify common dates for at least a start date, winter holiday break, spring break, and professional development days for at least the next five years.
  
  
• Require an ISD board and each constituent district to comply with the calendar, beginning with the 2008-2009 school year.
  
  
• Provide that a school district or ISD would not have to comply with the common school calendar until after its collective bargaining agreement expired, if that agreement were in effect on the bill's effective date and conflicted with the common calendar.
  
  
• Make exceptions for a year-round school or program in operation on the bill's effective date; an international baccalaureate academy; and a public school that operated grades 6-12 at a single site, and aligned its high school curriculum with advanced placement courses as the capstone of the curriculum.
  
  
• Permit an ISD or school district that began operating a year-round school or program after the bill's effective date, or that was operating or began operating a school or program on a trimester schedule, to apply for a waiver from the bill's requirements.

• It seriously restricts the right to collectively bargain the school calendar;
  
  
• It exempts public school academies from its provisions; and
  
  
• It restricts a district's ability to customize the educational calendar to parent and student needs.

Senate Bill 549 is currently before the House Education Committee, with a hearing on July 24.
Listed below is Roll Call No. 208.

Yeas - 20

Nays - 17

Excused - 1

Pappageorge

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Public School Collective Bargaining: Non-instructional Contracts

House Bill 4533 (Meisner, D-Ferndale) would repeal the portions of Public Act 112 of 1994 that prohibits a public school employer and a representative of its employees from bargaining over the contracting out for non-instructional support services.

This bill would allow public school employers to bargain with a representative of its employees on the decision on whether or not to contract with a third party for one or more non-instructional support services; or the procedure for obtaining the contract; or the identity of the third party; or the impact of the contract on individual employees of the bargaining unit.

House Bill 4533 has passed the House and now moves to the Senate for their consideration.
How did your Legislator vote?

Yeas - 60

Nays - 46

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Worker Freedom Act

House Bill 4316 (Meadows, D-East Lansing) would create a new act called the "Worker Freedom Act," under which an employer could not require an employee to attend an employer-sponsored meeting or participate in any communication with the employer if the primary purpose is to communicate the employer's opinion about religious or political matters.

This bill would apply to an employer, an employer's agent, representative, or designee, including state government and political subdivisions. "Political matters" would include political party affiliation or the decision to join or not to join a labor organization or other lawful political, social, or community group or activity.

The term "employee" would mean an "individual engaged in service to an employer in the business of an employer" and would specifically include research assistants, research fellows, teaching assistants, teaching fellows, postdoctoral associates, postdoctoral fellows, and medical interns and residents.

An aggrieved employee could bring a civil action within one year of a violation to recover damages (including up to three times actual damages as exemplary damages) and equitable relief, including reinstatement. A prevailing employee could also recover reasonable attorney fees and costs. An action under this law would be an alternative to other causes of action that may exist under other laws, and would not limit an employee's right to bring a common law cause of action for wrongful termination or diminish or impair rights under a collective bargaining agreement.

An employer would be prohibited from discharging, disciplining, or otherwise penalizing an employee (or threatening to) because the employee makes a written or oral good faith report of a violation or a suspected violation of the act; brought an action to enforce the act; or cooperated in an investigation or proceeding for enforcement of the act. An employee who makes a false report or provides false information, however, would not be protected.

House Bill 4316 has passed the House and is currently before the Senate Committee on Commerce and Tourism. AFT Michigan supports this bill. Check your Legislator's vote.

Yeas - 58

Nays - 49

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Michigan Promise Grants for Out-of-State Students

Under House Bill 4595 (Angerer, D-Dundee) Michigan teenagers who attend high school out of state are eligible for the $4,000 Michigan Promise Grant. This bill was signed by Governor Granholm to become Public Act 42 of 2007.

The bill was intended to cover the roughly 40 students who live in border communities in Michigan, but attend private high schools across the border. The bill also covers children of military personnel stationed outside of Michigan.

The Department of Treasury estimates an increased cost to the state of $80,000 to $160,000.

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Reading Training

Public Act 110 of 2006, requires a teacher to receive reading instruction within the first six years of teaching in order to qualify for a renewal of a provisional teaching certificate or advancement to a professional teaching certificate. The three-credit course requirement was scheduled to take effect on July 1, 2007.

Senate Bill 70 (Cassis, R-Novi) does the following:

• Delay from July 1, 2007, to July 1, 2009, the beginning date of a requirement that a certified teacher receive instruction on reading disabilities within the first six years of classroom teaching.
  
  
• Permit a person to complete the required course as part of his or her teachers' preparation training.

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ISD Career & Technical Education

Senate Bill 188 (Van Woerkom, R-Muskegon) allows career and technical education funding and vocational education millage revenue to be used for the maintenance, repair, and replacement of buildings, land, equipment, and supplies.

The bill does the following:

• Allows an intermediate school district (ISD) to acquire equipment necessary for the operation of ISD programs, and pay for it with operating funds.
  
  
• Expands the purposes for which an ISD may spend vocational-technical (or career and technical) education funds.
  
  
• Requires an ISD that uses state or federal career and technical education funds to obtain state approval and to establish a program advisory committee for its career and technical education program.
  
  
• Requires the Department of Education to develop a process for expediting state approval of programs that recognize local workforce needs and certain other changes in market demands.
  
  
• Prohibits a constituent district from disposing or changing the purpose of an area career and technical education facility without the consent of the ISD board, if the ISD provides at least 90 percent of the cost of acquiring or constructing the facility.
  
  
• Increases the threshold at which ISDs must obtain competitive bids from $17,932 to $19, 211.

Senate Bill 188 has been signed by the Governor to become Public Act 45 of 2007. This public act becomes effective on July 17, 2007.

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Detroit School Board Elections

House Bill 4661 (Lemmons, D-2) requires a first class school district (Detroit) to elect its officers during the month of January following the election of board members, instead of during the month of January of each odd-numbered year.

The initial term for board members elected as president and vice president in 2006 will be continued until the board elects a successor for each in January 2008. Successors for each of these officers will be elected biennially by the board as provided under the law.

House Bill 4661 has been signed by the Governor to become Public Act 29 of 2007. This Public Act has immediate effect.

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