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September 2003

Members Rally to Protest Charter School Legislation
Further Education Cuts Possible
School Election Consolidation Bills expected to Move
Intermediate School Board Election Bills Gain Momentum
Package Requires Truancy Policies and Establish Penalties

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Members Rally to Protest Charter School Legislation

Shortly after the Governor and Republican Leadership shook on a charter school agreement, it started falling apart under scrutiny by various legislators, public officials, and school organizations. President David Hecker and Lobbyist Louise Somalski, assisted by the Michigan AFL-CIO and their affiliates, dedicated their lobbying efforts convincing lawmakers the agreement would be detrimental to public education and the Detroit Public Schools. As a result of all the controversy, the conference committee meeting scheduled for September 24 was cancelled.

That agreement would have doubled the number of university-chartered schools to 300 over the next 10 years, and included language allowing Bob Thompson to go ahead with his 15 charter high schools. The Bay Mills Community College would fall under the university charter limit. Some funding was included for additional oversight and declining enrollment. The appointed Detroit Public School board would be replaced with an elected school board.

When Governor Granholm finally received the 111-page draft bill from Republicans, it not only did not contain the set of principles agreed upon, but it went into issues "which were never discussed." Late on September 24, the Governor declared discussions on a charter school agreement were over, and that there would be no more discussions on charter school legislation until all the interested persons present her with a bill that reflects the full agreement.

The draft bill proposal would have:
  • exempted existing charter schools from additional oversight;
  • tried to implement a "back door loophole" that would have increased
  • the number of charter schools beyond the agreed number; and
  • put restrictions on the location of charter high schools funded by Robert Thompson.
The Detroit Federation of Teachers, led by President Janna Garrison, held a massive rally Thursday at the Capitol. Detroit Public School officials were forced to cancel school for the day because more than 1,600 teachers had applied for a personal day to attend the rally and adequate substitutes were unavailable.

We would like to thank David Flood, President of Dearborn Federation of School Employees, for his help in lobbying legislators, Detroit Federation of Teachers members and other MFT&SRP local members for their overwhelming turnout at the Capitol, and all of you who contacted legislators via telephone, letters, and e-mail. Your efforts really do make a difference!

It was assumed that the Legislature would vote on the revised version of Senate Bill 393 and send it back to Governor Granholm for her signature. However, some people believe the Thompson-only version of Senate Bill 393, which was sent to the Governor on September 8 should become law.

Their argument is that on September 15 only the Senate requested that Senate Bill 393 be called back. The House was not in session at the time. They contend that it requires the full Legislature to pull a bill back from a Governor and halt the 14-day window of veto opportunity. Therefore, the deadline for Granholm to veto Senate Bill 393 expired on September 22 and Senate Bill 393 became law.

If this argument does not pass legal scrutiny, Senate Bill 393 will likely remain in conference committee until an agreement can be reached on the appropriate language. Stay tuned!

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Further Education Cuts Possible

According to House Fiscal Agency Director Mitch Bean, the year-to-date revenues are down 1.7 percent, when the budget anticipated they would be up .3 percent. The means that revenues are 2 percent below estimates and the budget is therefore off by $380 million, of which $100 million is school aid. The budget was built on consensus revenue forecasts set by the Department of Treasury and Senate and House Fiscal Agencies in May.

House Appropriations Committee Chair Representative Marc Shulman (R-West Bloomfield) has called for a mid-October emergency Consensus Revenue Estimating Conference to determine the size of the budget shortfall. This amount will likely come out of the bottom line of the state's next fiscal year, which begins October 1.

Governor Granholm is committed to holding education as her number one priority and to being able to protect the $6,700 per pupil foundation grant in the widely expected upcoming round of budget cuts, but she does not rule out cuts in other areas of education funding.

The shortfall in revenues for the school aid fund presents a bigger issue because it means a deficit for the current fiscal year and no surplus in 2003 -2004. Options could include using cushion money from the 2003 - 2004 budget now to balance the 2002 - 2003 budget. Higher education and community college budgets are appropriated through the general fund, therefore, additional cuts in the budgets for community colleges and universities could result.

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School Election Consolidation Bills Expected to Move

House Bill 4820 (Ward, R-Brighton), House Bill 4824, (Stakoe, R-Highland), and House Bill 4828 (Drolet, R-Clinton Township) are part of a package of bills that have passed the House and are currently before the Senate Committee on Government Operations. This package is expected to move through the Senate this fall. Among other things, these bills would amend the Michigan Election Law, the Revised School Code, and several related acts to:
  • Establish that all regular and special school district or community college district elections be held on the fourth Tuesday in February; and, the first Tuesdays after the first Mondays in May, August, and November. The secretary of state would direct and supervise the consolidation of all elections held under the law.

  • Provide new procedures for the conduct of school district elections, with the election to be run by the city, township, or county clerk (rather than the secretary of the school board) and with arrangements for the administration of each school election to be made by a special school district coordinating committee.

  • School district voting would be canvassed by the appropriate board of canvassers. School districts would be authorized to use general operating funds to reimburse units of local government for the cost of administering and conducting a regular or special election.

  • Require a school district and a community college district to hold its regular election on the odd-year November election day, but allow a district to change that date by resolution to either 1) the odd-year May election; 2) the November election date in both odd and even years; or 3) the May election date in both odd and even years.

  • Terms of school board members in general powers districts could be for four or six years, as provided by school district bylaws. Terms for community college trustees would be determined by the Community College Act, (which specifies staggered terms of two-, four-, or six-years). School board members elected in May would begin their terms on July 1. Board members elected in November would take office January 1.

  • Adjust terms of office for elected local and school officials to take into account the adjustment of election dates. This would include changing the date when officials take office and extending the terms of some officials during the transition to new election dates.

  • Permit candidates for office, generally speaking, to pay a nonrefundable filing fee of $100 instead of filing nominating petitions.
The bills would take effect January 1, 2005. However, the two new sections of the Michigan Election Law dealing with choosing among alternative dates for school and municipal would take effect September 1, 2004.

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Intermediate School Board Election Bills Gain Momentum

In light of the recent press surrounding Oakland ISD, numerous pieces of legislation have been introduced to regulate intermediate schools and their elections. All of these bills are currently before the House Education Committee, except SB 643, before the Senate Education Committee, and HB 4979, before the House Committee on Local Government and Urban Policy. Listed below are bills that may move through the Legislature this fall.

SB 643 Requires the disclosure of constituent school board's voting preferences for intermediate school board members and requires that the electoral meeting be an open meeting. (Cherry, D-Burton)
HB 4338 Requires that all intermediate school districts board members to be popularly elected effective June 2004 and contains eligibility requirements and specifies election dates. (Ruth Johnson, R-Holly)
HB 4935 Allows intermediate school electors to vote for removal of intermediate board and appointment of reform board for intermediate school districts under certain circumstances. (Ruth Johnson, R-Holly)
HB 4947 Specifies procedure for constituent school board's vote for intermediate school board members. (Gleason, D-Flushing)
HB 4979 Requires the disclosure of constituent school board's voting preferences for intermediate school board members and requires that the electoral meeting be an open meeting. (Minore, D-Flint)
HB 5043 Provides for recall procedure for intermediate school district board members who are not popularly elected. (Ruth Johnson, R-Holly)


Representative Ruth Johnson (R-Holly) is drafting additional legislation that would:
  • Require a millage be subject to recall if the monies are not used for the original purpose of the millage.

  • Require that if individuals are found to have misused taxpayer money, but are not subject to criminal prosecution, they must repay the money within six months with an interest rate above the prime rate.


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Package Require Truancy Policies and Establish Penalties

House Bills 4207, 4208, and 4209 (Artina Tinsley-Hardman, D-Detroit) provides for adoption, implementation, and enforcement of truancy policies. These bills are tie-barred to each other so that none could become law unless the others also were enacted. Provisions included in this package would:
  • require intermediate school districts to develop a local truancy policy in cooperation with county prosecutors that would apply to all school districts within the ISD (except districts with their own truancy officer, which would develop their own policies).

  • require local truancy policies developed under this legislation to be submitted to the state Board of Education for approval.

  • make failure to comply with the truancy policies a misdemeanor and specifies punishment for a parent or other person found guilty of such noncompliance.

  • provide for court jurisdiction and authority over truants and their parents or guardians in cases of violation of a truancy policy.

  • give the court jurisdiction to hold a hearing, order the juvenile to attend school, and order the secretary of state either to suspend or deny the juvenile's driver's license for up to two years.

House Bills 4207, 4208, and 4209 are schedule to be taken up by the House Education Committee on September 30, however, it is not expected that they will be approved at that meeting.

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