MFT and SRP Michigan Federation of Teachers & School Related Personnel

 

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March 2004

Lobby Day New Format
Senate Appropriates Committee Moves K-12 School Bill
Higher Education Budget Varies from Governor's Proposal
Tuition Cap Kept in Community Colleges Budget
Teacher Suspension Bill Awaiting Governor's Signature
House Passes Portions of ISD Bill Package
Theology Program Grants
Sex Education Bills
School Bomb Threats
Epinephrine Auto-injectors or Inhalers In Schools

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may be found on the Legislative Hotline page of this website.


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Lobby Day New Format - BIG HIT

We would like to thank our members for attending Lobby Day 2004. It was huge success because of you. We had 198 members representing 35 locals and 101 legislators registered to attend this year. This year's legislative panel of Senators Irma Clark-Coleman, Ron Jelinek, Wayne Kuipers, and Mickey Switalski was moderated by Tim Skubick from "Off the Record," a weekly political talk-show on WKAR in East Lansing since 1972.

After a highly inspirational presentation by State Representative Mike Pumford (R-Newaygo), State Representative Hoon-Yung Hopgood (D-Taylor), and MFT&SRP President, David Hecker, over $1,400 was collected from those present for the MFT&SRP PAC Fund. We appreciate your generosity and please know this money will be well spent to support legislators who assist our efforts to improve education in Michigan.

We appreciate the comments made on the evaluation forms. There were many good ideas which we will try to incorporate in next year's program.

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Senate Appropriations Committee Moves K-12 School Aid Bill

The Senate-proposed K-12 School Aid bill for Fiscal Year 2005 is $6.8 million more than the governor's recommendation. The $12.5 billion budget (1 percent more than 2003-04) maintains per pupil foundation grant at current year levels (before proration).

Senate Bill 1069 (Johnson, R-Royal Oak) restores some of Governor- proposed cuts and cuts some programs the Governor held at current levels.

Among the significant changes made to Senate Bill 1069 were:
  • restoring blended count at 80/20 as in current law;

  • cutting intermediate school district operations funding by 13.6 percent ($12.5 million) instead of the $7.67 million Governor Granholm proposed to cut out of ISD funding;

  • cutting funding for at-risk programs by $9.9 million (the governor's proposal maintained current year funding at $314.2 million);

  • cutting $2 million from school readiness (spending would drop to $70.8 million);

  • cutting $2 million from vocational education programs (spending would drop to $28 million);

  • eliminating the $15 million grant to the Detroit Public School District;

  • rejecting the governor's proposed increase of $6.67 million for parental involvement and ISDs

  • retaining provisions softening state aid reductions to districts with declining enrollments;

  • rejecting the governor's proposal to eliminate provisions withholding 5 percent of state aid to districts that fail to meet accreditation standards;

  • restoring "20j" money for school districts that receive more than $9,000 per pupil;

  • restoring $5 million the state is paying for the laptop-for-sixth graders program (Granholm deleted, opting to go solely with the federal money);

  • concurs with the Governor's proposed increase in retirement rate from 12.99% this year to 14.87% next year.

  • requiring the State Budget Director, Senate Fiscal Agency, House Fiscal Agency to conduct a feasibility study to creating and requiring districts, ISDs, community colleges, and universities to participate in a statewide purchasing pool for employee health benefits or of including public school, community college, and state university employees in state employee group health plans, and of the possible cost savings from implementation of these options and submit a report to the legislature detailing findings and recommendations.
Senate floor action is expected this week.

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Higher Education Budget Varies from Governor's Proposal

The Senate's version of the FY 2005 Higher Education budget contains a $1.7 billion spending plan, of which $1.6 billion is General Fund, is $66.6 million higher in both gross and General Fund spending than the governor's proposal. Senate Bill 1067 (Johnson, R-Royal Oak) differs from the Governor's proposal on the following items:
  • The Senate adds $64.8 million in tuition grants for students attending private colleges and universities. Governor Granholm eliminated the program in her budget recommendation.

  • The Senate proposes funding for university operations at $1.3 billion, and another $88 million is included for tuition restraint incentive funding. Under the governor's tuition restraint program, schools that have not increased tuition and fees since Dec. 1, 2003, and that agree not to increase tuition and fees for the 2004-2005 school year above the rate of inflation, will receive tuition restraint incentive funds. If a community college complies with tuition restrain requirements, its state appropriation will not be reduced by executive order or any other means during the 2004-2005 fiscal year.

  • The Senate's version allows 10 schools that have tuition rates below the state average of $5,803 to increase tuition $139 per student, slightly more than the rate of inflation, and still receive incentive funding.

  • The Senate also added $1.8 million to the governor's recommendation to fund Michigan State University's agricultural experiment station and its cooperative extension service at current year funding, $33 million and $28 million, respectively. The governor had proposed a 3 percent reduction for each of the programs.

  • The Senate adds a provision that the state review the conditions and expenditures made by universities over the last five years on the housing provided the students and presidents of the institutions.
Floor action on Senate Bill 1067 is expected this week.

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Tuition Cap Kept in Community Colleges Budget

The Senate's proposal for the 2004 - 2005 Community College budget, Senate Bill 1062 (Johnson, R-Royal Oak), includes gross spending at $285.7 million, the same as the governor recommended, all of which is from the General Fund. About $263 million is appropriated for community college operations, and another $17 million is included for the governor's tuition restraint incentive proposal.

Under the governor's proposal, a college that pledges not to increase tuition and fees for the remainder of this academic year and not increase 2004-2005 tuition and fees above the rate of inflation will receive tuition restraint incentive funds.

The committee did modify the governor's proposal by limiting tuition restraint to just in-district tuition and adding language to specify that, if a community college complies with tuition restrain requirements, its state appropriation will not be reduced by executive order or any other means during the 2004-2005 fiscal year.

The committee also restored language that prohibits the use of state appropriations for health insurance that includes abortion services for college employees and language that prohibits the use of state funds to provide benefits to unmarried partners of college employees.

The Senate added a provision that the state review the conditions and expenditures made by universities over the last five years on the housing provided the students and presidents of the institutions.

Action is expected on Senate Bill 1062 is expected on the Senate floor this week, with House Appropriation Committee action in April and May.

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Teacher Suspension Bill Awaiting Governor's Signature

House Bill 5476 (Rep. DeRoche, R-Novi ) permits the Superintendent of Public Instruction to suspend a teacher's certificate or State Board approval based on a conviction that occurred before the bill's effective date. If he or she finds that the conviction demonstrated that the person is unfit to teach in, or is reasonably and adversely related to the person's present fitness to serve in a public school. The bill also:
  • Prohibits the Superintendent from reinstating a person's teaching certificate or Board approval unless he or she finds that the person was fit to serve in a school.

  • Establishes notification and procedural time lines for the Superintendent to act to suspend a teacher's certificate or Board approval.

  • Shortens the period of time a convicted teacher has to request a hearing before the Superintendent when action has been taken to suspend his or her certificate or approval.

  • Requires the Superintendent to report to the Legislature all final actions he or she took regarding suspensions and reinstatements.

  • Establishes a 15-day deadline for prosecuting attorneys to notify the State Superintendent and school districts of a teacher's conviction.
House Bill 5476 has passed the House and Senate and is currently awaiting the Governor's signature.

Through diligent lobbying by the MFT&SRP and the Michigan Department of Education, House Bill 5476 was extensively amended prior to passage by the Senate to narrow the field of felonies from any to certain crimes listed in current law with the addition of internet crimes, and the inclusion of fitness to teach language.

We were also successful in amending the bill so that the superintendent of public instruction shall not take action against a person's teaching certificate solely because of a conviction that occurred before the effective date of this bill, unless the superintendent of public instruction finds that the conviction is reasonably and adversely related to the person's present fitness to serve in an elementary or secondary school in this state.

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House Passes Portions of ISD Bill Package

The House passed version of House Bill 4338 (H-7) (Johnson, R-Holly) now contains the following provisions:
  1. Allows citizens to petition an ISD for the opportunity to elect ISD board members.

  2. Enables citizens and constituent districts to recall ISD board members.

  3. Authorizes Governor to remove ISD and K-12 board members if they are guilty of gross neglect, misfeasance, or malfeasance in office.

  4. Specifies term limits for ISD board members of 3 terms of office.

  5. Establishes procedures by which a popular election of an ISD board would be placed on the ballot upon receipt of petitions equaling 25% of the number of voters within the ISD cast for Governor in the last election.

  6. Requires ISD board to submit the proposed boundary lines of its 7 or 9 voting district to the state superintendent for his approval.

  7. Requires all ISD Board officers to be members of the ISD board.
Other bills in the package passed by the House Include:
  • House Bill 4947 (H-2) requiring public disclosure of constituent school district board votes to elect their ISD board;

  • House Bill 5376 (H-3) revises competitive bids for ISDs; advertising for competitive bids for infrastructure projects; and solidifies competitive bid requirements for ISDs.

  • House Bill 5458 (H-2) requiring constituent school districts to review and approve their ISD budget; and

  • House Bill 5530 (H-1) creating a parental advisory committee for ISD's special education services subject to Open Meetings Act and Freedom of Information Act.
These bills now go to the Senate Education Committee for consideration.

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Theology Program Grants

A package of bills passed by the Senate, including Senate Bill 625 (Cassis, R-Novi),Senate Bill 626 (Van Woerkom, R-Muskegon), Senate Bill 627 (Allen, R-Traverse City), Senate Bill 628 (Clark- Coleman, D-Detroit), Senate Bill 629 (Kuipers, R-Holland), Senate Bill 661 (Allen, R-Traverse City) and Senate Bill 662 (Allen, R-Traverse City), would permit the State to award Part-time Independent Student Grants, State Competitive Scholarships, Legislative Merit Award Program, Michigan Educational Opportunity Grant Program, Higher Education Tuition Grants, and Tuition Differential Grants to allow students in theology or divinity programs to receive state grant money.

Under current law, students studying theology and religion are ineligible for state financial aid. These bills would cost the state more money because the existing pot of funds for scholarships would remain the same. That would translate into smaller scholarships and grants should more students win aid, according to the Senate Fiscal Agency.

The bills have passed the Senate and are on their second reading in before the full House. The Michigan Federation of Teachers opposes these bills because they permit the public funding of religious training which is contrary to Article I, Section 4 of Michigan's Constitution.

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Sex Education Bills

Senate Bill 943 (Kuipers, R-Holland) would require that public school instruction on HIV, AIDS, and sex education emphasize abstinence, respect for marriage, personal responsibility, adoption, and other content. The bill also would prescribe the membership, terms, and responsibilities of each district's "health education advisory board."

Senate Bill 944 (Kuipers, R-Holland) would include instruction under Senate Bill 943 in provisions that require a district to forfeit 5% of its State aid if it fails to comply with requirements for sex education instruction. Senate Bill 944 also would provide for a complaint process for those who believed a district was not complying with sex education requirements under the Act or the Revised School Code, including Senate Bill 943. This bill is tie-barred to Senate Bill 943.

Major issues in these bills are:
  1. The bill requires those schools that offer an elective class in sex education must refer to the teaching of "abstinence from sexual activity as a responsible and effective method of preventing unplanned and out-of-wedlock pregnancy and emphasize abstinence from sexual intercourse is the expected behavioral norm for unmarried people because abstinence is the only 100 percent protection against pregnancy and sexual transmitted disease."

  2. The school board would have to appoint a parent to chair the health education advisory board. A majority of the members of the advisory board would have to be parents who were not employed by or at the school district, or any of the schools it operated, and who had a child attending a school operated by the school district.

  3. If a person who resided in a district believes that the district has violated these requirements or the requirements contained in the Revised School Code pertaining to AIDS/HIV and sex education, the person could file a complaint with the Superintendent of Public Instruction. Upon receiving the complaint, the Superintendent would have to order the Department of Education to investigate it and to determine within 90 days whether or not the district would have to forfeit 5% of its total state aid allocation. The Department of Education is already short staffed. These complaints should initially be taken up with the local school board.
These bills have been reported out of the Senate Education Committee and are currently before the full Senate. The Michigan Federation of Teachers is opposed to these bills as written, however, we are working with Senators, the Michigan Department of Education, and Governor's office to add amendments that would substantially improve them.

The exact same bills (House Bills 5477 and 5478) have been introduced in the House and are sitting on the House floor. We have been advised that the house bills will be held up until negotiations can take place on the senate bills, however, they could be voted on at any time.

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School Bomb Threats

House Bill 5280 (Ward, R-Brighton) would prohibit a public or nonpublic school official from requiring a school employee to remain in or to search a school in the event the school was closed or vacated due to a bomb threat, unless the governing body that operated the school had ensured that the employee had received appropriate training approved by the appropriate law enforcement agency dealing with bomb threats.

This bill has passed the House and Senate and has been ordered enrolled. The Michigan Federation of Teachers and School Related Personnel supports this bill.

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Epinephrine Auto-injectors or Inhalers In Schools

House Bill 5087 (Shulman, R-West Bloomfield) would permit students in public or nonpublic schools to possess and use an epinephrine auto-injector or epinephrine inhaler to treat anaphylaxis at school, on school-sponsored transportation, and at school-sponsored events. It also requires schools to have an emergency care plan for pupils carrying an epinephrine injector or inhaler or an asthma inhaler.

Currently, a student may possess and use a metered dose inhaler or dry powder inhaler to treat or prevent asthmatic symptoms, if the student has written approval from his or her physician and, if the student is a minor, from his or her parent or legal guardian. A school district may request a student's parent or guardian to provide an extra inhaler to designated school personnel for use in an emergency. A principal who is aware that a pupil possesses an inhaler must notify each of the student's teachers of that fact.

Under House Bill 5087, these provisions also would apply to epinephrine auto-injectors and inhalers. This bill has passed the House and is now on the Senate Floor. The Michigan Federation of Teachers and School Related Personnel supports this bill. bk:opeiu42aflcio

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April 1, 2004
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