MFT and SRP Michigan Federation of Teachers & School Related Personnel

 

Capitol Report Archives
Go to current Capitol Report for links to complete archive.


April, 2004
March, 2004
February, 2004
January, 2004

2003-04
Voting Records


2003
2002
2001
2000
Return to Legislative Hotline
Return to MFTSRP Home
Capitol Report
Email the MFTSRP Legislative office in Lansing at MFTSRP2@aol.com

May 2004

Budget Woes-Taxes vs. Cuts
Sex Education Bills Revised Before Passage by Senate & House
House Approves Scholarships for Religion Students
New Ed-Flex Bills With a Twist
Loss of Instruction Time Due to School Damage
Extension of Youth Employment Limit Possible
Health Care Dependent Definition Expanded
Anti-Hazing Bills Signed by Governor
New Standards Proposed for Used Modular Classrooms
Admit High School Students Full Time in Colleges and Universities

Links to current Legislative Action Alerts
may be found on the Legislative Hotline page of this website.


TOP
Return to Top


Budget Woes-Taxes vs. Cuts

Governor Granholm's proposal to resolve a $249.9 million current year deficit relies heavily on revenue from increased cigarette and liquor taxes and funding shifts, plus savings through administrative changes. Her proposal delays $52.4 million in restored funds to colleges and universities until October 1 unless the state sells former mental health property in Northville.

The proposal also helps to avert a proration cut of $30 per pupil in the K-12 school foundation allowance due to a shortage of $54.1 million in school aid revenue. The projected general fund deficit is $195.8 million, and would grow by about another $50 million unless the Northville property is sold this fiscal year, a prospect that appears unlikely at this point.

The proposal to raise the cigarette tax by 75 cents per pack to $2 as of July 1 would raise $97.1 million this year; the liquor tax increase would add $10 million.

Hours after presentation of the Governor's proposal, the House defeated the tobacco tax increase by a vote of 44 to 53 ( a reconsideration vote is possible). They then proceeded to pass House Bill 5527 (along party lines) containing $266.6 million in spending cuts from the Fiscal Year 2005 budget, a budget that has yet to be passed. Reduction options contained in this bill include:
  1. 1 % reduction to all state departments, public universities and community colleges.

  2. altering the Merit Scholarship Award program to require a "C" average in college for recipients, assuming one-third of recipients fail to meet the new criteria, saving $20 million; and

  3. cuts to Intermediate School Districts, $12.5 million.
It is questioned if House Bill 5527 is a violation of the state's Constitution by attempting to amend appropriations bills that have not yet been passed.

All education budgets have been put on hold pending resolution of revenues for current and next fiscal year. Next year's budget deficit is projected at $1 billion.

Action Needed: Contact your Legislators and urge them to pass revenues needed to support quality K-16 education.

TOP
Return to Top


Sex Education Bills Revised Before Passage by Senate & House

The Michigan Federation of Teachers and School Related Personnel, along with other education groups, went to great efforts to have Senate Bills 943 and 944 greatly improved before their passage by the Senate. These changes are indicated below.

Senate Bill 943 (Kuipers, R-Holland) would require that public school instruction on HIV, AIDS, and sex education emphasize abstinence, the consequences of sexual behavior, refusal skills, and other content. The bill also prescribes the membership, terms, and responsibilities of each district's "sex education advisory board." The following are details of the House-amended bill.

The board of a school district shall determine terms of service for the sex education advisory board; the number of members to serve on the advisory board; and a membership selection process that reasonably reflects the school district population; and shall appoint 2 co-chairs for the advisory board, at least 1 of whom is a parent of a child attending a school operated by the school district.

At least 1/2 of the members of the sex education advisory board shall be parents who have a child attending a school operated by the school district, and a majority of these parent members shall be individuals who are not employed by the school district.

The board of a school district is encouraged to also include pupils of the school district, educators, local clergy, and community health professionals on the sex education advisory board. Written or electronic notice of a sex education advisory board meeting shall be sent to each member at least 2 weeks before the date of the meeting.

The bill prohibits family planning drugs or devises distribution on school property; the definition of class would be expanded to include assemblies, small group instruction, or any presentation made to 2 or more pupils. The bill also includes curricular specifics on how and what is to be taught in sex education and materials and instruction shall be "age appropriate and not medically inaccurate."

Senate Bill 944 (Kuipers, R-Holland), now House Bill 5478, would include instruction under Senate Bill 943 in provisions that require a district to forfeit 1% of its State aid if it fails to comply with requirements for sex education instruction. House Bill 5478 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 House Bill 5478. This bill is tie-barred to Senate Bill 943.

Senate Bill 943 was substituted and amended in the House before passage, and now must return to the Senate for concurrence. House Bill 5478 will now also move to the Senate as well.

TOP
Return to Top


House Approves Scholarships for Religion Students

The House has passed a package of bills that would permit the state to award scholarship and grant money to college and university students enrolled in theology, divinity, or religious education programs. The package includes Senate Bills 625-628, Senate Bills 661 - 662 and House Bill 5455 (a mirror bill of SB 629, which also passed the Senate).

Under current law, students studying theology and religion are ineligible for state financial aid. These bills could potentially reduce award amounts for the State Competitive Scholarship, Tuition Grant, Part-Time Independent Student, and Michigan Education Opportunity Grant programs by increasing the number of students eligible for awards.

Senate Bills 625 - 628 and 661 - 662 were amended before their passage in the House to limit scholarship qualifications to cover students in universities - not in divinity schools. They now must go back to the Senate for concurrence. House Bill 5455 was sent to the Senate Education Committee.

TOP
Return to Top


New Ed-Flex Bills With a Twist

House Bill 5701(Palmer, R-36) and House Bill 5702 (Emmons, R-Sheridan)would make rules and requirements under the Revised School Code and the State School Aid Act subject to waiver under an ed-flex contract. House Bill 5701 and House Bill 5702 are just like the bills Governor Granholm vetoed in February, except language was added to give the Governor, rather than State Superintendent of Public Instruction, the last say on whether or not schools should be granted the flexibility they seek.

The contract would allow the state superintendent of public instruction to waive for a district, for up to five years, certain provisions of state and federal law that were identified in a performance-based contract having clearly defined and measurable performance goals. Except for health and safety requirements, teacher certification requirements, and most additional requirements placed on public school academies, any requirement imposed on a school district, or any rule promulgated under the code or the act, would be subject to waiver. Under House Bill 5701, the governor would have 10 days to override the state superintendent's approval of an ed-flex contract.

House Bill 5701 and 5702 have passed the House and now go to the Senate Education Committee. The Michigan Federation of Teachers and School Related Personnel continue to oppose these bills, and the Governor has publicly stated she continues to oppose the concept.

TOP
Return to Top


Loss of Instruction Time Due to School Damage

House Bill 5666 (Walker, R-Traverse City) would require the Michigan Department of Education to count up to 20 additional hours as pupil instruction time for a school in which instruction was not provided due to structural damage that required the school to be closed in the 2003-2004 school year; as well as up to 30 additional hours for instruction time lost after April 1 in a school year, beginning in 2004-2005. Currently, a district is required to provide at least 1,098 hours of pupil instruction, or forfeit a percentage of its State aid. The first 30 hours of instruction lost due to circumstances beyond the school's control, such as severe storms, fires, epidemics, or health conditions, must be counted as hours of pupil instruction.

This bill will not only help Kingsley High School, but help other districts in the future who lose instructional time late in the school year.

House Bill 5666 has passed the House and Senate and is ordered enrolled. It now awaits the Governor's signature.

TOP
Return to Top


Extension of Youth Employment Limit Possible

Senate Bill 320 (Stamas, R-Midland) would permit a 16- or 17-year-old to work up to 22 hours a week when school is in session. Currently, a student who is 16 or older may not work a combined school and work week of more than 48 hours when school is in session. A minor who is 16 or older may not work more than six days in one week; 10 hours in one day; or a period longer than a weekly average of eight hours per day or 48 hours in one week when school is not in session.

The Act also provides that a minor 16 or older may not be employed between 10:30 p.m. and 6:00 a.m., although the minor may work until 11:30 on Fridays and Saturdays, during school vacation periods, and during periods when the minor is not regularly enrolled in school. These limits do not apply, however, to a 16- or 17-year-old who is employed in farming operations involved in seed production, or in agricultural processing.

Senate Bill 320 has passed the Senate and is scheduled for a hearing before the House Commerce Committee on May 5. The Michigan Federation of Teachers and School Related Personnel oppose this bill because allowing a 16- or 17-year-old student to work 22 hours a week in addition to his or her school work and extracurricular activities could leave students with too little time to study.

TOP
Return to Top


Health Care Dependent Definition Expanded

House Bill 4244 (Minore, D-Flint) would amend the Public School Employees Retirement Act to include in the definition of "health insurance dependent" an unmarried child who otherwise would be qualified to be insured under the Act, if the retiree or deceased member were the legal guardian of the child but not his or her parent. Currently, the definition of "health insurance dependent" for members of the Public Schools Employees Retirement System includes an unmarried child, by birth or adoption, of the retiree or deceased member, if the child meets any of the following criteria:
  • Is 19 years of age or less, in which case the child is covered through the calendar year in which he or she turns 19 years of age.

  • Is 25 years of age or less, if the dependent is enrolled as a full-time student and is or was at the time of the retirant's or deceased member's death a dependent of the retirant, as defined in the Internal Revenue Code. The dependent is covered through the calendar year in which he or she turns 25.

  • Is incapable of self-sustaining employment because of a mental or physical disability, and is or was at the time of the retirant's or deceased member's death considered a dependent of the retirant or deceased member, under the Internal Revenue Code.
The bill would add to this definition an unmarried child who was not the child of the retirant or deceased member by birth or adoption, but otherwise would qualify as a health insurance dependent under any of the above criteria, if the retirant or deceased member were the legal guardian of the unmarried child. House Bill 4244 was presented to the Governor for her signature on May 18.

TOP
Return to Top


Anti-Hazing Bills Signed by Governor

As signed into law Senate Bill 783 (PA 111) and Senate Bill 784 (PA 112) ban hazing of students in pubic or private middle school, junior high school, vocational school, college, or university in Michigan. The bills provide misdemeanor punishment if the hazing causes physical injury and rises to a felony in cases resulting in death. These bills were given immediate effect.

Under these bills hazing is defined as intentional, knowing or reckless acts endangering a person's physical or mental health as part of a pledging or initiation rite. Prohibited activity could include whipping or branding, depriving persons of sleep, confining them in small spaces, forcing consumption of products that could cause harm or requiring them to perform illegal acts.

TOP
Return to Top


New Standards Proposed for Used Modular Classrooms

Senate Bill 677 (Jelinek, R-Three Oaks) would require the Director of the Department of Labor and Economic Growth to promulgate rules establishing standards and requirements for the relocation and reuse of used modular classrooms. The rules would have to require an inspection of a relocated used modular classroom at its original location, at its new location, or at any location where repairs were made to the used modular classroom. Now, any time a modular is relocated, it must be inspected for safety and compliance with Code standards, including those requiring that it have a foundation, meet fire safety criteria, and be connected to the appropriate utilities. The rules promulgated by DLEG should not compromise standards such as these or others that protect student safety. Senate Bill 677 has passed the Senate and is currently before the House Education Committee.

TOP
Return to Top


Admit High School Students Full Time in Colleges and Universities

House Bill 5791 (Hoogendyk, R-Portage) and House Bill 5792 (Palmer, R-Romeo) would create a higher education enrollment grant program that would allow an eligible high school student to enroll full-time in a participating community college or state university, in an accelerated format. The grant program would be known as the Michigan Accelerated College Education Act. Grants would be based the K-12 per pupil basic foundation allowance. Under the bill, a student who meets all of the following could attend a postsecondary institution without completing high school if he or she:
  • is at least 15 years and less than 19 years of age.

  • attends, and has not graduated from, a high school operated by a school district in this state at the time he or she is first enrolled in an eligible postsecondary institution.

  • has completed at least half of the credits required for graduation by the high school or received an overall score in the top 20 percent of a nationally recognized college admission examination.

  • is admitted to and enrolled in an eligible postsecondary institution as a full-time student in the program.
An eligible student would receive a grant payable directly to the postsecondary institution for the number of semesters, trimesters, or quarters of full-time enrollment at the secondary institution. The amount of the grant would be equal to the lesser of actual charges or one of the following percentages of the basic foundation allowance: (a) 25 percent if the student is enrolled in a semester program; (b) 16.67 percent if the student is enrolled in a trimester program and (c) 12.5 percent if the student is enrolled in a quarter program.

These bills are in addition to AP courses and dual enrollment opportunities currently available to eligible High School students. These bills would also allow private school and home school students to enroll in college using state school aid funds. The Michigan Federation of Teachers and School Related Personnel is opposed to these bills.

bk:opeiu42aflcio

TOP
Return to Top



Return to Legislative Hotline
Return to MFTSRP Home
Update:
May 25, 2004
© 2004 MFT&SRP