David Hecker
President

Lois Lofton Doniver Secretary-Treasurer

Louise Somalski
Legislative Coordinator

October, 2005

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

No MPSERS for Future Community College Employees

House Bill 5314 (Wenke, R-Richland) would amend the Public School Employees Retirement Act to remove community college employees hired after January 1, 2006, from the Michigan Public School Employees Retirement System. Community college and junior college employees hired before that date who are already members of the Public School Employees' Retirement System would continue their membership.

The bill would also alter the composition of the Michigan Public School Employees' Retirement Board and eliminate the requirement that the board include one administrator or trustee of a community college.

The bill specifies that for fiscal years that begin on or after March 28, 2006, the Retirement System would be required to determine a separate contribution rate for a reporting unit that is a tax-supported community or junior college, in a manner prescribed under the bill.

The Higher Education and Career Preparation Committee has schedules House Bill 5314 for a hearing on November 1.

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Child Care Licensing Act to Be Amended

House Bill 5110 (Kooiman, R-Grand Rapids) would amend the child care licensing Act to do the following:

• Amend the definition of "child care center" or "day care center" to include before- and after-school programs and exclude programs primarily focused on training in a specific subject, or primarily consisting of group athletic or social activities sponsored by an organized club or hobby group.


• Allow exemptions from required inspections and on-site visits for child care facilities if the programs or facilities have been in operation for at least two years, instead of four years, and have not violated the Act or rules under it during the past two years.


• Require the school board, board of directors, or governing body to adopt a resolution supporting the application for exemption from inspections and on-site visits.


• Provide that a facility or program exempt from inspections and on-site visits would not be subject to licensing reviews, but would be required to submit documentation annually demonstrating compliance with the requirements of the Act, the rules promulgated under it, or the terms of a license.


• Allow the Department of Human Services to rescind an exemption for a willful and substantial violation.


• Require that a facility or program granted an exemption maintain status as a licensed or approved program.

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Bill Calls for 'Scientific Theory' on Evolution and Global Warming

Representative John Moolenaar (R-Midland) has introduced House Bill 5251 directing the State Board of Education to develop a model curriculum so students can apply scientific method and make critical judgments on issues and theories.

The bill requires the State Board of Education to revise by August 1, 2006, "the model core academic curriculum content standards in science to ensure that pupils will be able to use the scientific method to critically evaluate scientific theories including, but not limited to, the theories of global warming and evolution."

The bill also says students should be able to use "relevant scientific data to assess the validity of those theories" and to formulate arguments for or against those theories."

House Bill 5251 is currently before the House Education Committee. To date, no hearing has been posted.

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Student Safety Zone Legislation

The Student Safety Zone package consists of 18 laws, Public Acts 121 through 136, 138 and 139. All of these law become effective on January 1, 2006, except for Public Act 125, which was effective on September 29, 2005. Listed below are highlights of the laws. A more detailed description will soon be posted on the AFT Michigan website at: www.aftmichigan.org.

Webmaster note: this report may now be downloaded at http://aftmichigan.org/files/studentsafety.pdf

Student Safety Zones

• Prohibits a person who is required to register under the Sex Offenders Registration Act from residing, working, or loitering within the "School Safety Zone," defined as 1,000 feet from school property.


• "School property" is defined as a building, facility, structure, or real property owned, leased, or otherwise controlled by a school, other than a building, facility, structure, or real property that is no longer in use on a permanent or continuous basis that is used to impart educational instruction by students not more than 19 years of age for sports or other recreational activities.


• "Listed offenses" are defined in Section 2 of the Sex Offenders Registration Act.

Criminal History and Records Checks for School Personnel

• Requires criminal history and record checks from the MSP and FBI for applicants and all full- time and part-time employees hired or assigned by the schools.


• Requires an individual to submit his or her fingerprints for the purposes of this criminal records check.


• Prohibits schools from hiring, assigning, or employing people if a report from the criminal history check, criminal records check, or an authoritative source discloses that they have been convicted of SORA listed offenses.


• Prohibits schools from hiring, assigning, or employing people if a report from these criminal history check, criminal records check, or an authoritative source discloses that they have been convicted of a felony other than a SORA listed offenses unless the superintendent or chief administrator, and the board or governing body of the school each specifically approved the employment or work assignment in writing.


• Allows a school to use results received by another school or maintained by the MDE to confirm that the individual does not have any criminal history for an individual employed or working under contract as a substitute teacher.

Discharge, Demotion, and Discontinuance or Forfeiture of Salary

• Requires that no later than July 1, 2008, the school shall request a criminal history check from the State Police and a criminal records check through FBI for each individual who, as of January 1, 2006, is a full-time or part-time employee, or is assigned to regularly and continuously work under contract in any of its schools.


• Revises the notice procedures for teachers and other state board approved school personnel being convicted of certain offenses.


• Requires school districts to discontinue pay for those charged with a SORA listed offense during the trial proceedings and forfeiture of their earnings upon conviction.


• Prohibits the State Superintendent from reinstating the teaching certificate or state board approval of a person convicted of a SORA listed offense.


• If a collective bargaining agreement is in effect as of the effective date of this law, and if the terms of that collective bargaining agreement are inconsistent with this law, this law does not apply to that school until after the expiration of that collective bargaining agreement.


• Restricts Teacher Tenure Act protection for teachers convicted of certain crimes and provide for discontinuance of salary in certain circumstances.


• Requires the Department of Information Technology to work with the MDE and the State Police to develop and implement an automated program that does a comparison of the MDE's list of individuals holding a teaching certificate or state board approval with the conviction information received by the State Police during January and June of each year until July 1, 2008.

Reporting Requirements and Violations

• Requires all school employees charged with any SORA listed offense to notify the school and the MDE within three business days.


• Requires a school employee with a SORA listed offense who enters a guilty plea or no contest, or is found guilty of the crime to file a report with the court stating the school he works for, a copy of which is provided to the prosecuting attorney, the State Superintendent, and the school officials within seven days after the date of sentencing.


• Allows a person who violates this provision to be subject to discharge from employment, termination of his or her contract, if school officials find, after providing opportunity for a hearing, that the person has violated the law.


• If a collective bargaining agreement that applies to the affected person is in effect as of the effective date of this law, and if that collective bargaining agreement is not in compliance with this law, then this law does not apply to that school until after the expiration of that collective bargaining agreement.


• Requires sex offender to notify law enforcement officials within ten days after the person changes or vacates a residence, domicile, or place of work or education.


• Sets maximum penalties within the sentencing guidelines used by the courts for violations of these laws.


• Enacts sentencing guidelines for crime of school employee failing to report charge or conviction of SORA listed offense.


• Revises sentencing guidelines and penalties for crime of failing to report sex offender registration information to police agency.


• Allows evidence that a defendant has committed a previous SORA listed offense against a minor to be considered for its bearing on any matter to which it is relevant.


• Allows use of certain evidence to prove the character of defendant charged with committing SORA listed offense against a minor under certain circumstances.

Child Care Facilities

• Requires a child care center or day care center to perform a criminal history check using the State Police's internet criminal history access tool (ICHAT) on a person before making an offer of employment.


• Requires a center to perform a criminal history check on all current employees within one year after effective date of the law using the State Police's ICHAT.


• A child care center or day care center may pass along the actual cost of a search of the State Police's ICHAT to the employee or applicant on whom the search is being performed.


• Prohibits the center from making an offer of employment to, and require the termination of the employment of, a person whom a criminal history check revealed had been convicted of a SORA listed offense.


• Requires a center employee to report to the center within 3 business days after he or she has been arraigned for a SORA listed crime.


• Requires criminal background checks for licensees, employees, and certain contract workers at child care centers and day care centers.


• Enacts sentencing guidelines for crime of child care center, day care center employees, and family day care homes and group day care homes failing to self-report certain criminal charges.


• Prescribe criminal penalties for a person who does not report to a center as required.

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Foundation Allowance - FY 2005 and FY 2006

Listed below are the 2005 foundation allowance as provided State School Aid Act.

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